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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