Senate Bill No. 457
(By Senator Bowman)
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[Introduced February 8, 1999; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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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.
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. If
the home incarceration program administrator certifies in writing
to the county commission that a surplus exists in the fund, the
county commission may elect to use such excess funds to defray
costs of housing county prisoners.
NOTE: The purpose of this bill is to authorize county
commissions to expend any surplus moneys in the home
incarceration service fund to pay expenses for housing county
prisoners.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.