H. B. 4394
(By Delegates Mahan, Coleman, Spencer, Wills, Webb,
Smirl and C. White)
(Originating in the Committee on the Judiciary)
[February 4, 2002]
A BILL to amend and reenact section twelve, article eleven-b,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to supervision
of persons released on parole by the circuit courts.
Be it enacted by the Legislature of West Virginia:
That section twelve, 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-12. Supervision of home incarceration by circuit court.
Notwithstanding any provision of this code to the contrary,
in any case where a person has been ordered to home incarceration
where that person is not in the custody or control of the division
of corrections, the circuit court shall have the authority of the
board of probation and parole regarding the release, early release or release on parole of the person. Persons released on parole by
the circuit court shall be supervised by the paroling court's home
incarceration supervisor or probation officer. These persons will
be supervised in the same manner as persons released on probation
by the court.
Time served on parole granted by the Circuit Court
shall be credited for time served towards any remainder of the
maximum sentence in the event of parole revocation: Provided, That
time served on parole from home incarceration shall not be credited
towards any reduction of sentence for good conduct towards any
remainder of the maximum sentence in the event of parole
revocation.