H. B. 4511
(By Delegates Smirl, Caputo,
Sobonya, Craig and Morgan)
[Introduced February 17, 2004; 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 the supervisory
authority of county sheriffs in the operation of home
incarceration programs within the various counties throughout
the state.
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 sheriff may,
with the consent of the
county commission and the approval of the circuit court, 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 may,
in the alternative designate
the
county sheriff one or more deputy sheriffs to supervise offenders
ordered to undergo home incarceration.
and to administer the county's home incarceration program To administer all these
programs authorized under the provisions of this article, the
county sheriff is authorized to exercise all supervisory powers
required for the proper operation of all these programs within the
counties. This supervisory authority exercised by the county
sheriff shall include performance of all activities required for
the proper monitoring and supervision of offenders ordered to
undergo home incarceration, the establishment of policies related
to the daily operation of these programs, the evaluation of the
work performance of all supervisors employed by the county sheriff,
and all other supervisory authority required for the proper and
orderly administration of these programs within the counties. Any
person so supervising shall have 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 participant has
violated the conditions of his or her home incarceration. Unless
otherwise specified, the use of the term "supervisor" in this
article shall refer to a home incarceration supervisor.
NOTE: The purpose of this bill is to clarify the role and
responsibilities of the county sheriff in the supervision and
administration of home incarceration programs within various
counties.
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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