H. B. 2765

(By Mr. Speaker, Mr. Kiss, and

Delegates Keener and Staton )

[Introduced March 6, 2001; Referred to the

Committee on the Judiciary then Finance.]




A BILL to amend article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section two-b, relating to imposing a jail fee upon those persons sentenced to a county or regional jail; setting forth effective date; setting forth disposition of fees; setting forth maximum fee; providing that fee is in nature of restitution and may not be waived or suspended; setting forth alternative arrangements for payment and setting forth civil penalties.

Be it enacted by the Legislature of West Virginia:
That article three, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section two-b, to read as follows:
ARTICLE 3. COSTS, FINES AND RECORDS.
§50-3-2b. Additional costs in criminal proceedings; jail fee; arrangements to pay and penalties; disposition of fee.

Effective the first day of July, two thousand one, in each case before a magistrate court in which the defendant is convicted, whether by plea or at trial, and sentenced to confinement in a county or regional jail, there shall be imposed, in addition to other costs, fines, forfeitures or penalties as may be allowed by law, a jail fee in the amount of forty-five dollars for each day, or part thereof, the defendant actually is confined in a county or regional jail.
A magistrate court shall, on or before the tenth day of the month following the month in which the fees imposed herein were collected, remit the jail fee from each of the criminal proceedings in which the fees specified in this section were collected to the magistrate court clerk, or if there is no magistrate court clerk to the clerk of the circuit, together with such information as may be required by the rules of the supreme court of appeals and the rules of the office of chief inspector. These moneys shall thereupon be paid to the sheriff who shall distribute the moneys solely in accordance with the provisions of section fifteen, article five, chapter seven of this code. The remaining fifteen dollars shall be paid by the magistrate court clerk or the clerk of the circuit court to the regional jail and correctional facility development fund in the state treasury .
The maximum fee which may be imposed under this section for confinement may not exceed six thousand dollars for each offense a defendant is sentenced to confinement: Provided, That in the event of concurrent sentences the defendant shall pay only one jail fee.
The fee herein imposed is in the nature of restitution and may not be waived or suspended, but shall be collected from each defendant for each day he or she is incarcerated. In the event a defendant is unable to pay, the magistrate court is authorized to allow a defendant up to five years to pay the jail fee imposed in this section, in the discretion of the magistrate.
 If the jail fee imposed in this section is not paid in full within ninety days of the judgment, the magistrate court clerk or, upon a judgment rendered on appeal, the circuit clerk shall notify the division of motor vehicles of such failure to pay: Provided, That at the time the judgment is imposed, the judge shall provide the person with written notice that failure to pay the same as ordered shall result in the suspension of such person's license or privilege to operate a motor vehicle in this state and that such suspension could result in the cancellation of, the failure to renew or the failure to issue an automobile insurance policy providing coverage for such person or such person's family: Provided, however, That the failure of the judge to provide such notice shall not affect the validity of any suspension of such person's license or privilege to operate a motor vehicle in this state. For purposes of this section, payment shall be stayed during any period an appeal from the conviction which resulted in the imposition of such costs, fines, forfeitures or penalties is pending.

NOTE: The purpose of this Bill is to impose a jail fee of $45 per day upon each person convicted and sentenced to confinement in a county or regional jail. The fee applies only to days actually confined and $30 is used by the county to offset the cost of jailing the defendant and $15 goes to the Regional Jail Building and Maintenance Fund.