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Introduced Version House Bill 2440 History

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hb2440 intr
H. B. 2440


(By Delegates Howard, Hamilton, Crosier and Craig)

[Introduced February 16, 2005; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §62-11B-7a of the Code of West Virginia, 1931, as amended, relating to home incarceration supervisors; and authorizing the power to arrest persons who obstruct them in the performance of their duties.

Be it enacted by the Legislature of West Virginia:

That §62-11B-7a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 11B. HOME INCARCERATION ACT.

§62-11B-7a. Employment by county commission of home incarceration supervisors; authority of supervisors.

The county commission may employ one or more persons, with the approval of the circuit court, and who shall be subject to the supervision of the sheriff as a home incarceration supervisor, or it may designate the county sheriff to supervise offenders ordered to undergo home incarceration and to administer the county's home incarceration program. Any person so supervising shall have has authority equivalent to that granted to a probation officer, pursuant to section ten, article twelve of this chapter, to arrest a home incarceration participant when reasonable cause exists to believe that such the participant has violated the conditions of his or her home incarceration, or any other person who obstructs the supervisor in the performance of his or her duties. Unless otherwise specified, the use of the term "supervisor" in this article shall refer refers to a home incarceration supervisor.



NOTE: The purpose of this bill is to authorize home incarceration supervisors to arrest persons who obstruct them in the performance of their duties.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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