SB203 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 203
(By Senators Love, Hunter and Bailey)
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[Originating in the Committee on the Judiciary;
reported February 9, 2000.]
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A BILL to amend and reenact section fourteen, article one,
chapter twenty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the electronic monitoring of offenders; permitting use of
electronic monitoring equipment to aid in supervision of
parolees; providing for the use of fees collected in the
program; and clarifying restrictions on the types of
equipment that may be used.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article one, chapter twenty-five of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-14. Electronic monitoring of offenders; special account.
The commissioner is authorized to use electronic monitoring
equipment to aid in the supervision of inmates offenders.
Inmates Offenders subject to supervision by means of electronic
monitoring equipment shall be charged a reasonable fee, to be
established under a legislative rule promulgated by the
commissioner pursuant to chapter twenty-nine-a of this code, to
help defray the costs of the purchase and use of such the
equipment and the division of correction's operational costs:
Provided, That an inmate's offender's inability to pay a fee will
does not preclude the inmate offender from being eligible for
this program.
All moneys fees collected as such fees shall be deposited in
a special account which is hereby created in the state treasury
Such account shall be designated as the "electronic monitoring
program account." and The funds deposited in such the account
shall may be used by the commissioner only for the operation of
the program and for the administration of the division of
corrections.
"Electronic monitoring equipment" means an electronic
device or apparatus approved by the department division of
corrections which is limited in capability to capable of
recording or transmitting information as to the furloughed inmate's offender's presence or nonpresence in a designated area.
Such The device must be minimally intrusive. Except to the
extent provided in this section, the The department division of
corrections shall not approve any monitoring device which is
capable of recording or transmitting (i) visual images, (ii) oral
or wire communications or any auditory sound, or (iii)
information as to the furloughed inmate's offender's activities
while he or she is within the designated area. The monitoring
device shall not be used to eavesdrop or record any conversation:
Provided, That conversations between the offender and the person
supervising the offender may be recorded solely for purpose of
voice identification.
NOTE: The purpose of this bill is to change language to
allow for flexibility as to the type of electronic monitoring
equipment the Commissioner of Corrections may use in the
Division's electronic monitoring program. Language is also
changed so that parolees may be included in the program. The
bill also allows the Commissioner flexibility with regard to how
fees collected in the program may be used.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.