Senate Bill No. 203

(By Senators Love, Hunter and Bailey)


[Introduced January 26, 2000; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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 program; providing for the use of fees collected in the program; and removing certain 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:

§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 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. The department 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 activities while he or she is within the designated area.

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 paroles 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.