H. B. 4634
(By Delegates Cann, Ennis, Swartzmiller, Stalnaker,
Stemple, Craig and Kominar)
[Introduced February 26, 2004; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-8-14, relating to
requiring persons incarcerated in county or regional jails who
have been convicted of a misdemeanor to pay for the costs of
his or her incarceration; providing an exemption for indigent
persons and requiring community service in certain
circumstances.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-8-14, to read as
follows:
ARTICLE 8. JAIL AND JAILER.
§7-8-14. Reimbursement for costs of incarceration.
Notwithstanding any other provision of this code to the
contrary, any person who is incarcerated in a county or regional
jail who has been convicted of a misdemeanor shall pay to the county commission the actual costs incurred for such incarceration:
Provided, That no inmate who is determined to be indigent after
completing the appropriate financial affidavit of the court of
original jurisdiction shall be required to pay the reimbursement
costs of his or her incarceration.