Senate Bill No. 613

(By Senators Wooton, Burnette, Caldwell, Fanning, Hunter,

Kessler, Minard, Mitchell, Oliverio, Redd, Ross, Rowe,

Deem, Facemyer and McKenzie)

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[Originating in the Committee on the Judiciary;


reported February 15, 2002.]

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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 clarifying role of court and probation officers when persons are paroled from home incarceration; and clarifying rights and responsibilities of those on parole from home incarceration.

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.

(a) 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.
 (b) Any person paroled from a sentence of home incarceration imposed by the provisions of this article shall be supervised by the probation office of the sentencing court and he or she shall be afforded the same procedural rights and privileges and be subject to the same sanctions for violation of conditions as a person on parole under the supervision of the division of corrections.
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(NOTE: The purpose of this bill is to clarify that probation officers supervise persons paroled from home incarceration and that such parolees have some rights and are subject to the same sanctions as division of corrections parolees.

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