H. B. 2043


(By Delegate Givens)

[Introduced February 14, 2001 ; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact section one, article eleven-a, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to criminal procedure and authorizing work release by magistrate courts and courts of record.

Be it enacted by the Legislature of West Virginia:

That section one, article eleven-a, 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 11A. RELEASE FOR WORK AND OTHER PURPOSES.
§62-11A-1. Release for work and other purposes by magistrate courts and courts of record with criminal jurisdiction.

(1) When a defendant is sentenced or committed for a term of one year or less by a court of record magistrate court or circuit court having criminal jurisdiction, such the court may in its order grant to such the defendant the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:
(a) To work at his the defendant's employment;
(b) To seek employment;
(c) To conduct his the defendant's own business or to engage in other self-employment, including, in the case of a woman, housekeeping and attending to the needs of her family;
(d) To attend an educational institution;
(e) To obtain medical treatment;
(f) To devote time to any other purpose approved of or ordered by the court, including participation in the litter control program of the county unless the court specifically finds that this alternative service would be inappropriate.
(2) Whenever an inmate who has been granted the privilege of leaving the jail under this section is not engaged in the activity for which such the leave is granted, he the inmate shall be confined in jail.
(3) An inmate sentenced to ordinary confinement may petition the court at any time after sentence for the privilege of leaving jail under this section and may renew his the petition in the discretion of the court. The court may withdraw the privilege at any time by order entered with or without notice.
(4) If the inmate has been granted permission to leave the jail to seek or take employment, the court's probation officers, or if none, the state's division of corrections shall assist him the inmate in obtaining suitable employment and in making certain that employment already obtained is suitable. Employment shall not be deemed is not suitable if the wages or working conditions or other circumstances present a danger of exploitation or of interference in a labor dispute in the establishment in which the inmate would be employed.
(5) If an inmate is employed for wages or salary, the clerk of the court shall collect the same the wages or salary or shall require the inmate to turn over his the wages or salary in full when received, and shall deposit the same wages or salary in a trust account and shall keep a ledger showing the status of the account of each inmate. Earnings levied upon pursuant to writ of attachment or execution or in other lawful manner shall be collected from the employer and shall may not be collected hereunder under the provisions of this section, but when the clerk has requested transmittal of earnings prior to levy, such the request shall have has priority. When an employer transmits such the earnings to the clerk pursuant to this subsection he shall have the clerk has no liability to the inmate for such the earnings. From such the earnings the clerk shall pay the inmate's board and personal expenses both inside and outside the jail and shall deduct installments on fines, if any, and, to the extent directed by the court, shall pay the support of the inmate's dependents: Provided, That at least twenty-five percent of the earnings collected by the clerk on behalf of an inmate shall be paid for the support of such the inmate's dependents, if any. If sufficient funds are available after making the foregoing payments, the clerk may, with the consent of the inmate, pay, in whole or in part, any unpaid debts of the inmate. Any balance shall be retained and shall be paid to the inmate at the time of his or her discharge.
(6) An inmate who is serving his or her sentence pursuant to this section shall be is eligible for a reduction of his the inmate's term for good behavior and faithful performance of duties in the same manner as if he the inmate had served his the term in ordinary confinement.
(7) The court shall may not make an order granting the privilege of leaving the institution under this section unless it is satisfied that there are adequate facilities for the administration of such this privilege in the jail or other institution in which the defendant will be confined.
(8) In every case wherein the defendant has been convicted of an offense, defined in section twelve, article eight, chapter sixty-one, or in article eight-b or eight-d of said chapter against a child, the defendant shall may not live in the same residence as any minor child, nor exercise visitation with any minor child and shall may have no contact with the victim of the offense: Provided, That the defendant may petition the court of the circuit wherein he the defendant was so convicted for a modification of this term and condition of this probation and the burden shall rest rests upon the defendant to demonstrate that a modification is in the best interest of the child.


NOTE: The purpose of this bill is to authorize magistrate courts as well as circuit courts to allow work release of convicted inmates.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.