Senate Bill No. 235
(By Senators Sprouse, Dugan, Buckalew, Deem, McKenzie and
[Introduced January 28, 1998; referred to the Committee
on the Judiciary.]
A BILL to amend and reenact section one, article one-c, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section six, article eleven-b of said chapter, all relating
to confinement of persons accused or convicted of an offense
punishable by life imprisonment; and prohibiting bail and
in certain circumstances.
Be it enacted by the Legislature of West Virginia:
That section one, article one-c, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section six, article
eleven-b of said chapter be amended and reenacted, all to read as
ARTICLE 1C. BAIL.
§62-1C-1. Right to bail; exceptions; review.
(a) A person arrested for an offense not punishable by life
imprisonment shall be admitted to bail by the court or
magistrate. A person arrested for an offense punishable by life
in the discretion of the court that will have
jurisdiction to try the offense, not be admitted to bail.
(b) Bail may be allowed pending appeal from a conviction,
except that bail
shall may not be granted:
(1) Where the offense is punishable by life imprisonment; or
(2) Where the court has determined from the evidence at the
trial or upon a plea of guilty or nolo contendere that the
offense was committed or attempted to be committed with the use,
presentment or brandishing of a firearm or other deadly weapon,
or by the use of violence to a person.
(c) The denial of bail under one of these exceptions
subdivision (2), subsection (b) of this section may be reviewed
by summary petition to the supreme court of appeals or any
justice thereof, and the petition for bail may be granted where
there is a likelihood that the defendant will prevail upon the
appeal. The court or judge allowing bail pending appeal may at
any time revoke the order admitting the defendant to bail.
(c) (d) The amount of bail or the discretionary denial of
bail at any stage of the proceedings may be reviewed by summary
petition first to the lower appellate court, if any, and
thereafter by summary petition to the supreme court of appeals or
any judge thereof.
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-6. Circumstances under which home incarceration may not
(a) A circuit court or magistrate may not order home
incarceration for an offender unless the offender agrees to abide
by all of the requirements set forth in the court's order issued
under this article.
(b) A circuit court or magistrate may not order home
incarceration for an offender who is being held under a detainer,
warrant or process issued by a court of another jurisdiction.
(c) A magistrate may order home incarceration for an
offender only with electronic monitoring and only if the county
of the offender's home has an established program of electronic
monitoring that is equipped, operated and staffed by the county
supervisor or sheriff for the purpose of supervising participants
in a home incarceration program: Provided, That electronic
may is not be required in a specific case if a circuit
court upon petition thereto finds by order that electronic
monitoring is not necessary.
(d) A magistrate may not order home incarceration for an
offender convicted of a crime of violence against the person.
(e) Home incarceration
shall is not be available as a
sentence if the language of a criminal statute expressly
prohibits its application.
(f) A circuit court or magistrate may not order, or permit, home incarceration of a person charged with, or of an offender
an offense punishable by life imprisonment
NOTE: The purpose of this bill is to prohibit bail and home
confinement for persons accused of or convicted of a capital
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.