Senate Bill No. 716

(By Senators Wooton, Burnette, Caldwell, Hunter, Kessler, Minard, Mitchell, Oliverio, Redd, Ross, Rowe and Snyder)

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[Originating in the Committee on the Judiciary;


reported February 22, 2002.]

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A BILL to amend and reenact section seven, article eleven-c, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to adding community criminal justice boards to list of persons or entities which set participation fees in community corrections programs.

Be it enacted by the Legislature of West Virginia:
That section seven, article eleven-c, 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 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-7. Supervision or participation fee.
(a) A circuit judge, magistrate, or municipal court judge or community criminal justice board may require the payment of a supervision or participation fee from any person required to be supervised by or participate in a community corrections program. The circuit judge, magistrate, or municipal court judge or community criminal justice board shall consider the person's ability to pay in determining the imposition and amount of the fee.
(b) All fees ordered by the circuit court or community criminal justice board pursuant to this section are to be paid to the circuit clerk, who shall monthly remit the fees to the treasurer of the county designated as the fiscal agent for the board pursuant to section six of this article. All fees ordered by the magistrate court pursuant to this section are to be paid to the magistrate clerk, who shall monthly remit the fees to the treasurer of the county designated as the fiscal agent for the board pursuant to said section. All fees ordered by the municipal court judge pursuant to this section are to be paid to the municipal court clerk who shall monthly remit the fees to the treasurer of the county designated as the fiscal agent for the board pursuant to section six of this article.

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NOTE: The purpose of this bill is to allow community criminal justice boards to set community correction programs fees.

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