Senate Bill No. 411
(By Senators Mitchell, Rowe, Kessler,
Sharpe, Ross, Minard and Hunter)
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[Introduced March 6, 2001;
referred to the Committee on the Judiciary.]
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A BILL to amend article eleven-b, chapter sixty-two 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 allowing a municipal court to order a
person convicted under a municipal ordinance which may carry
a jail sentence to serve a home incarceration sentence as an
alternative sentence to incarceration in a county or regional
jail.
Be it enacted by the Legislature of West Virginia:
That article eleven-b, chapter sixty-two 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 11B. HOME INCARCERATION ACT.
§62-11B-13. Home incarceration for municipal court offenders.
Notwithstanding any provision of this article to the contrary,
when a person is convicted under a municipal ordinance which may
carry a jail sentence, the municipal court may order that
individual to serve a home incarceration sentence as an alternative
sentence to incarceration in a county or regional jail. A home
incarceration sentence ordered by a municipal court under this
section is subject to the same requirements and conditions of a
home incarceration sentence imposed by a circuit court or
magistrate court pursuant to the provisions of this article.
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(NOTE: The purpose of this bill is to allow a municipal court
to order a person convicted under a municipal ordinance which may
carry a jail sentence to serve a home incarceration sentence as an
alternative sentence to incarceration in a county or regional jail.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)