ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2777

(By Delegates Amores, Hunt, Rowe, Hutchins,

Tillis, Smirl and Schadler )

[Passed March 11, 1999; in effect ninety days from passage.]
AN ACT to amend and reenact section seven, article eleven-b, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the home incarceration services fund; and authorizing county commissions to expend surplus amounts in the home incarceration service fund to defray the cost of housing county inmates.

 Be it enacted by the Legislature of West Virginia:
That section seven, article eleven-b, 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 11B. HOME INCARCERATION ACT.
§62-11B-7. Home incarceration fees; special fund.

All home incarceration fees ordered by the circuit court shall be paid to the circuit clerk, who shall monthly remit the fees to the sheriff. All home incarceration fees ordered by a magistrate shall be paid to the magistrate court clerk, who shall monthly remit the fees to the county sheriff. The county sheriff shall establish a special fund designated the home incarceration services fund, in which the sheriff shall deposit all home incarceration fees remitted by the clerks. The county commission shall appropriate money from the fund to administer a home incarceration program, including the purchase of electronic monitoring devices and other supervision expenses, and may as necessary supplement the fund with additional appropriations. The county commission may also appropriate any excess money from the fund to defray the costs of housing county inmates, if the sheriff or other person designated to administer the fund certifies in writing to the county commission that a surplus exists in the fund at the end of the fiscal year.