ENROLLED

Senate Bill No. 484

(By Senators Kessler, Dempsey, Fanning, Foster, Minard, Oliverio, Barnes, Caruth, Deem, Harrison, Lanham and Weeks)

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[Passed March 9, 2006; in effect from passage.]

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AN ACT to amend and reenact §62-11C-5 of the Code of West Virginia, 1931, as amended, relating to authorizing the use of community corrections programs in pretrial supervision.

Be it enacted by the Legislature of West Virginia:
That §62-11C-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11C. WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-5. Establishment of programs.
(a) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate community corrections programs, as provided for in this section, to be used both prior to trial as a condition of bond in circuit and magistrate court, as well as an alternative sentencing option for those offenders sentenced within the jurisdiction of the county or counties which establish and operate the program: Provided, That the chief judge must certify that the community corrections facility is available for use in connection with the imposition of pretrial bond conditions.
(b) Any county or combination of counties or a county or counties and a Class I or II municipality that seek to establish programs as authorized in this section shall submit plans and specifications for the programs to be established, including proposed budgets, for review and approval by the community corrections subcommittee established in section three of this article.
(c) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate an approved community corrections program to provide alternative sanctioning options for an offender who is convicted of an offense for which he or she may be sentenced to a period of incarceration in a county or regional jail or a state correctional facility and for which probation or home incarceration may be imposed as an alternative to incarceration.
(d) Community corrections programs authorized by subsection (a) of this section may provide, but are not limited to providing, any of the following services:
(1) Probation supervision programs;
(2) Day fine programs;
(3) Community service restitution programs;
(4) Home incarceration programs;
(5) Substance abuse treatment programs;
(6) Sex offender containment programs;
(7) Licensed domestic violence offender treatment programs;
(8) Day reporting centers;
(9) Educational or counseling programs; or
(10) Drug courts.
(e) A county or combination of counties or a county or counties and a Class I or II municipality which establish and operate community corrections programs as provided for in this section may contract with other counties to provide community corrections services.
(f) For purposes of this section, the phrase "may be sentenced to a period of incarceration" means that the statute defining the offense provides for a period of incarceration as a possible penalty.
(g) No provision of this article may be construed to allow a person participating in or under the supervision of a community corrections program to earn "good time" or any other reduction in sentence.