H. B. 2560
(By Delegates Shelton, Williams and Stemple)
[Introduced March 14, 1997; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section sixteen, article four,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to including
persons convicted under state criminal statutes under the
provisions of the section; updating the section to include
references to regional jails, magistrate courts, community
service programs; providing that the provisions of article
eleven-a of this chapter apply relative to calculating
credit for time spent serving in community service work
relative to underlying penalties; and providing that the
prevailing federal minimum wage be used to calculate credit
for costs and fines imposed as the result of criminal
convictions.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article four, 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 4. RECOVERY OF FINES IN CRIMINAL CASES.
§62-4-16. Offenders against statutes or ordinances may be
required to perform community service work or work
on streets or roads.
Whenever any person shall be is convicted for any violation
of ordinances or laws of any incorporated city, town or village
or for any state criminal statutes and shall be is confined in
the county jail, or place of confinement adopted, and set apart
by the council of such the city, town or village, in lieu of the
county jail as a prison house or a regional jail, whether such
the person be imprisoned held for failure to pay any fine
adjudged against him or her, or under sentence of a mayor, police
judge, or magistrate court or circuit court, he or she may be
ordered by such the mayor, police judge, or magistrate court or
circuit court to work on the public streets and alleys roads of
such the city, town or village, under the direction of the
marshal or sergeant community service program supervising
officers of such the county, city, town or village. Such The
person so sentenced to fine and costs or imprisonment fined and
imprisoned, when ordered to be worked as hereinbefore provided, shall be is worked under the provisions and subject to the
penalties prescribed in article fifteen, chapter seventeen of
this code eleven-a of this chapter, insofar as the same are
applicable for the calculation of the credit of time served
toward the county and municipal court sentence imposed and the
prevailing federal minimum wage is used for the calculation of
the credit of time served for the fines or costs imposed. And
the council of such the city, town or village, or the county
commission, may make proper allowance to the marshal or sergeant
municipal police or county sheriff to take charge of such the
person or persons while so at work, under the community service
programs and allow and pay a reasonable compensation for the
supervision services rendered, out of the treasury of such the
county, city, town or village.
NOTE: The purpose of this bill is to include persons
convicted under state criminal statutes under the provisions of
the section which authorizes putting offenders to work in
community service programs. It updates the section to include
references to regional jails, magistrate courts, community
service programs while providing that the provisions of article
eleven-a of chapter sixty-two apply relative to calculating
credit for time spent serving in community service work relative
to underlying penalties and that the prevailing federal minimum
wage be used to calculate credit for costs and fines imposed as
the result of criminal convictions while performing community
service work.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.