ENGROSSED
H. B. 2663

(By Delegates Trump, Ellis, Faircloth, Manuel,
Staton, Ashley and Burk)
[Introduced March 22, 1993; referred to the
Committee on Political Subdivisions.]

A BILL to amend and reenact article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirteen, relating to the filing of suits by county commissions to recover expenses incurred for the upkeep incarcerated misdemeanants.

Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section thirteen, to read as follows:

ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-13. County commissions authorized to recoup expenses of confinement of persons incarcerated in regional or county jails.

County commissions are hereby authorized to file suits in circuit court against any person who has been convicted of amisdemeanor and who has been incarcerated in a county holding facility or county or regional jail to obtain judgment for all expenses incurred in the upkeep of the incarcerated person. The county commission is further authorized to take all legal action which is incidental to the collection of those expenses. Any order of restitution and the assessment of prosecution costs against the person shall have priority over a suit to recover upkeep expenses: Provided, That any such suit to recover those jail expenses must be filed no later than within one year from the date of the defendant or misdemeanant's release from the county holding facility or county or regional jail.