COMMITTEE SUBSTITUTE

FOR

H. B. 3065

(By Delegates Manuel and Doyle)


(Originating in the Committee on Finance)


[February 25, 2002]


A BILL to amend and reenact section seven, article eleven-b, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring home incarceration fees to be paid to the sheriff.

Be it enacted by the Legislature of West Virginia:
That section seven, article eleven-b, 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 11B. HOME INCARCERATION ACT.
§62-11B-7. Home incarceration fees; special fund.
All home incarceration fees ordered by the circuit court or a magistrate pursuant to subdivision (7), section five of this article are to be paid to the circuit clerk, who shall monthly remit the fees to the county sheriff. All home incarceration fees ordered by a magistrate pursuant to subdivision (7), section five of this article are to be paid to the magistrate court clerk, who shall monthly remit the fees to the county sheriff. The county sheriff shall is to establish a special fund designated the home incarceration services fund, in which the sheriff shall is to deposit all home incarceration fees collected pursuant to this section and remitted by the clerks. The county commission shall appropriate money from the fund to administer a home incarceration program, including the purchase of electronic monitoring devices and other supervision expenses, and may as necessary supplement the fund with additional appropriations. The county commission may also appropriate any excess money from the fund to defray the costs of housing county inmates or for community corrections programs, if the sheriff or other person designated to administer the fund certifies in writing to the county commission that a surplus exists in the fund at the end of the fiscal year.

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