Senate Bill No. 370
(By Senator Kessler)
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[Introduced February 25, 2009; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §62-11C-7 of the Code of West Virginia,
1931, as amended, relating to permitting only a community
criminal justice board to have the authority to require the
payment of a supervisory fee by anyone participating in a
community corrections program.
Be it enacted by the Legislature of West Virginia:
That §62-11C-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-7. Supervision or participation fee.
(a) A
circuit judge, magistrate, municipal court judge or
community criminal justice board may require the payment of a
supervision or participation fee from any person required to be
supervised by or participate in a community corrections program.
The
circuit judge, magistrate, municipal court judge or community criminal justice board shall consider the person's ability to pay
in determining the imposition and amount of the fee.
(b) All fees ordered by
the circuit court or community
criminal justice board pursuant to this section are to be paid to
the
circuit clerk community criminal justice board, who shall
monthly remit the fees to the treasurer of the county designated as
the fiscal agent for the board pursuant to section six of this
article.
All fees ordered by the magistrate court pursuant to this
section are to be paid to the magistrate clerk, who shall monthly
remit the fees to the treasurer of the county designated as the
fiscal agent for the board pursuant to said section. All fees
ordered by the municipal court judge pursuant to this section are
to be paid to the municipal court clerk who shall monthly remit the
fees to the treasurer of the county designated as the fiscal agent
for the board pursuant to section six of this article.
NOTE: The purpose of this bill is to permit only a community
criminal justice board to require the payment of a supervisory fee
by anyone participating in a community corrections program.
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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