H. B. 3121
(By Delegates Howard, Carmichael, Hamilton,
Perry, Crosier, Craig and Trump)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section seven-a, article eleven-b,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to home
incarceration supervisors; and authorizing same to arrest
persons who obstruct them in the performance of their duties.
Be it enacted by the Legislature of West Virginia:
That section seven-a, 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-7a. Employment by county commission of home incarceration
supervisors; authority of supervisors.
The county commission may employ one or more persons, with the approval of the circuit court,
and who shall be subject to the
supervision of the sheriff as a home incarceration supervisor, or
it may designate the county sheriff to supervise offenders ordered
to undergo home incarceration and to administer the county's home
incarceration program. Any person so supervising shall have has
authority equivalent to that granted to a probation officer,
pursuant to section ten, article twelve of this chapter, to arrest
a home incarceration participant when reasonable cause exists to
believe that such the participant has violated the conditions of
his or her home incarceration, or any other person who obstructs
the supervisor in the performance of his or her duties. Unless
otherwise specified, the use of the term "supervisor" in this
article shall refer refers to a home incarceration supervisor.
NOTE: The purpose of this bill is to authorize home
incarceration supervisors to arrest persons who obstruct them in
the performance of their duties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would