COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 217
(By Senators Love, Schoonover, Hunter and Kessler)
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[Originating in the Committee on the Judiciary;
reported February 25, 1999.]
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A BILL to amend article eight, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section thirteen,
relating to imposing a processing fee on persons committed to
county or regional jails upon conviction.
Be it enacted by the Legislature of West Virginia:
That article eight, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen, to read as follows:
ARTICLE 8. JAIL AND JAILER.
§7-8-13. Jail processing fee.
A person sentenced to serve a period of incarceration in a
regional or county jail by order of magistrate or circuit judge
shall, at the time of booking into the jail, pay a processing fee of twenty dollars. If the person is unable to pay at the time of
booking, the fee shall be deducted, at a rate of fifty percent,
from any new deposits made into the person's jail trust account
until the jail processing fee is paid in full. The fee shall be
credited, as appropriate, to the operating budget of the authority's
or county jail's operating budget.
(b) A refund of a fee collected under this section shall be
made to a person who has paid the fee if the person is not
convicted of the offense for which the person was booked. In the
case of multiple offenses, if the person is convicted of any of the
offenses the fee may not be refunded. If the person is convicted of
a lesser included offense or a related offense, no refund may be
made.
NOTE: The purpose of this bill is to allow regional and
county jails to collect a $20 processing fee for each person
committed to the jail.
This section is new; therefore, strike-throughs and
underscoring have been omitted.