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Introduced Version Senate Bill 729 History

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sb729 intr
Senate Bill No. 729

(By Senators Facemyer, Bowman, Edgell, Love, Guills, Jenkins, Plymale, Foster, Sharpe, Minear and Chafin)

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[Introduced March 21, 2005; referred to the Committee

the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact §62-11B-4 of the Code of West Virginia, 1931, as amended, relating to authorizing magistrate courts to order home incarceration.

Be it enacted by the Legislature of West Virginia:
That §62-11B-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-4. Home incarceration; period of home incarceration; applicability.

(a) As a condition of probation or bail or as an alternative sentence to another form of incarceration for any criminal violation of this code over which a circuit court or magistrate court has jurisdiction, a circuit court or magistrate court may order an offender confined to the offender's home for a period of home incarceration. As an alternative sentence to incarceration in jail, a magistrate may order an adult offender convicted of any criminal violation under this code over which a magistrate court has jurisdiction, be confined to the offender's home for a period of electronically monitored home incarceration: Provided, That electronic monitoring may not be required in a specific case if a circuit court or magistrate court upon petition thereto finds by order that electronic monitoring is not necessary.
(b) The period of home incarceration may be continuous or intermittent, as the circuit court or magistrate court orders, or continuous except as provided by section five of this article if ordered by a magistrate. However, the aggregate time actually spent in home incarceration may not exceed the term of imprisonment or incarceration prescribed by this code for the offense committed by the offender.
(c) A grant of home incarceration under this article constitutes a waiver of any entitlement to deduction from a sentence for good conduct under the provisions of section twenty-seven, article five, chapter twenty-eight of this code.



NOTE: The purpose of this bill is to allow magistrate courts to order home incarceration.

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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