COMMITTEE SUBSTITUTE
FOR
H. B. 2777
(By Delegates Amores, Hunt, Rowe, Hutchins,
Tillis, Smirl and Schadler
)
(Originating in the Committee on Finance)
[March 4, 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 home
incarceration services fund; deleting requirement that home
incarceration fees be paid to the magistrate clerk; and
permitting the county commission to expend surplus amounts
in the home incarceration service fund to defray the cost of
housing county 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. 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.
If the sheriff 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.