Senate Bill No. 729
(By Senators Facemyer, Bowman, Edgell, Love, Guills, Jenkins,
Plymale, Foster, Sharpe, Minear and Chafin)
[Originating in the Committee on the Judiciary;
reported March 29, 2005.]
A BILL to amend and reenact §62-11B-4 of the Code of West Virginia,
1931, as amended, relating to authorizing magistrate courts to
order home incarceration as a condition of bail when doing so
consistent with guidelines promulgated by the Supreme Court of
Be it enacted by the Legislature of West Virginia:
That §62-11B-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-4. Home incarceration; period of home incarceration;
(a) As a condition of probation or bail or as an alternative
sentence to another form of incarceration for any criminal
violation of this code over which a circuit court or magistrate
has jurisdiction, a circuit court or magistrate court
order an offender confined to the offender's home for a period of
home incarceration. As an alternative sentence to incarceration in
jail, a magistrate may order an adult offender convicted of any criminal violation under this code, over which a magistrate court
has jurisdiction, be confined to the offender's home for a period
of electronically monitored home incarceration: Provided,
electronic monitoring may not be required in a specific case if a
circuit court or magistrate court
upon petition thereto finds by
order that electronic monitoring is not necessary.
(b) The period of home incarceration may be continuous or
intermittent, as the circuit court or magistrate court
continuous except as provided by section five of this article, if
ordered by a magistrate. However, the aggregate time actually
spent in home incarceration may not exceed the term of imprisonment
or incarceration prescribed by this code for the offense committed
by the offender.
(c) A grant of home incarceration under this article
constitutes a waiver of any entitlement to deduction from a
sentence for good conduct under the provisions of section
twenty-seven, article five, chapter twenty-eight of this code.
(d) When imposing home incarceration as a condition of bail,
a magistrate shall do so consistent with guidelines promulgated by
the Supreme Court of Appeals.
(NOTE: The purpose of this bill is to allow magistrate courts
to order home incarceration.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would