H. B. 2777
(By Delegates Amores, Hunt, Rowe, Hutchins,
Tillis, Smirl and Schadler)
(Originating in the Committee on the Judiciary)
[February 15, 1999]
A BILL 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
expenditure of surplus moneys in the home incarceration
service fund to defray the cost of housing prisoners.
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:
§ 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. 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 service 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. If
the home incarceration program administrator certifies in writing
to the county commission that a surplus exists in the fund at the
end of the fiscal year, the county commission may elect to use such
excess funds to defray costs of housing county prisoners.
Strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates new language that would be
added.