ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3065
(By Delegates Manuel and Doyle)
[Passed March 7, 2002; in effect ninety days from passage.]
AN ACT to amend and reenact section seven, article eleven-b,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
home incarceration fees to be paid to the sheriff.
Be it enacted by the Legislature of West Virginia:
That section seven, article eleven-b, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-7. Home incarceration fees; special fund.
All home incarceration fees ordered by the circuit court or a
magistrate pursuant to subdivision (7), section five of this
article are to be paid to the county sheriff. The county sheriff
is to establish a special fund designated the home incarceration services fund, in which the sheriff is to deposit all home
incarceration fees collected pursuant to this section. The county
commission shall appropriate money from the fund to administer a
home incarceration program, including the purchase of electronic
monitoring devices and other supervision expenses, and may as
necessary supplement the fund with additional appropriations. The
county commission may also appropriate any excess money from the
fund to defray the costs of housing county inmates or for community
corrections programs, if the sheriff or other person designated to
administer the fund certifies in writing to the county commission
that a surplus exists in the fund at the end of the fiscal year.
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