SB370 H JUD AM 4-2 #1
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-4. Special revenue account
(a) There is hereby created in the State Treasury a special
revenue account to be known as the West Virginia Community
Corrections Fund. Expenditures from the fund are for the purposes
set forth in subsection (e) of this section and are not authorized
from collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code. The West Virginia Community Corrections Fund
may receive any gifts, grants, contributions or other money from
any source which is specifically designated for deposit in the
fund.
(b) Beginning on the first day of July, two thousand six, in
In addition to the fee required in section nine, article twelve of
this chapter, a fee not to exceed thirty-five dollars $35 per
month, unless modified by legislative rule as provided in section
three of this article, is also to be collected from those persons
on probation. This fee is to be based upon the person's ability to
pay. The magistrate or circuit judge shall conduct a hearing prior to imposition of probation and make a determination on the record
that the offender is able to pay the fee without undue hardship.
The magistrate clerk or clerk, deputy magistrate clerk, magistrate
assistant, circuit clerk or deputy circuit clerk shall collect all
fees imposed pursuant to this subsection and deposit them in a
separate account. Within ten calendar days following the beginning
of the calendar month, the magistrate clerk or circuit clerk shall
forward the amount deposited to the State Treasurer to be credited
to the West Virginia Community Corrections Fund.
(c) Beginning on the first day of July, two thousand seven, in
In addition to the fee required in section five, article eleven-b
of this chapter, a fee of two dollars fifty cents $2.50 per day is
to be collected from those persons on home incarceration. The
circuit judge, magistrate or municipal court judge shall consider
the person's ability to pay in determining the imposition of the
fee. The circuit clerk, magistrate clerk, or municipal court clerk
or his or her designee shall collect all fees imposed pursuant to
this subsection and deposit them in a separate account. Within ten
calendar days following the beginning of the calendar month, the
circuit clerk, magistrate clerk or municipal court clerk shall
forward the amount deposited to the State Treasurer to be credited
to the West Virginia Community Corrections Fund.
(d) Beginning on the first day of July, two thousand six, in
In addition to the usual court costs in any criminal case taxed
against any defendant convicted in a municipal, magistrate or
circuit court, excluding municipal parking ordinances, a ten-dollar $10 fee shall be added. The circuit clerk, magistrate clerk, or
municipal court clerk or his or her designee shall collect all fees
imposed pursuant to this subsection and deposit them in a separate
account. Within ten calendar days following the beginning of the
calendar month, the circuit clerk, magistrate court clerk and the
municipal court clerk shall forward the amount deposited to the
State Treasurer to be credited to the West Virginia Community
Corrections Fund.
(e) The moneys of the West Virginia Community Corrections Fund
are to be disbursed by the Governor's Committee on Crime,
Delinquency and Correction, upon recommendation by the community
corrections subcommittee, for the funding of community corrections
programs and to pay expenses of the Governor's committee in
administering the provisions of this article, which expenses may
not in any fiscal year exceed ten percent of the funds deposited to
the special revenue account during that fiscal year.
(f) Any disbursements from the West Virginia Community
Corrections Fund allocated for community corrections programs by
the Governor's committee may be made contingent upon local
appropriations or gifts in money or in kind for the support of the
programs. Any county commission of any county or the governing body
of a municipality may appropriate and expend money for establishing
and maintaining community corrections programs.
§62-11C-7. Supervision or participation fee.
(a) A circuit judge, magistrate, 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, 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, magistrate court,
municipal court, or community criminal justice board pursuant to
this section are to be paid to the circuit clerk community criminal
justice board, who shall monthly remit the fees monthly 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.