ADDICTION TREATMENT PILOT PROGRAM. RECOVERY OF FINES IN CRIMINAL CASES. … (b) A circuit court or magistrate may not order home incarceration for an offender who is being held under a detainer, warrant or process issued by a court of another jurisdiction. Law Enforcement/Secretary Fax: (304) 824-3430. Possibility of Removal or Other Consequences. "House" arrest can include not merely the home of the convict, but also mental hospitals or halfway houses. The offender is eligible to receive government benefits allowable for persons on probation, parole or other conditional discharge from confinement or incarceration. (a) Notwithstanding any provision of this code to the contrary, in any case where a person has been ordered to home incarceration where that person is not in the custody or control of the Division of Corrections, the circuit court shall have the authority of the board of probation and parole regarding the release, early release or release on parole of the person. View Previous Versions of the West Virginia Code. §62-11B-10. Discretion of the court; provisions of article not exclusive. The court may also order home detention after you’ve been convicted but before you’ve been sentenced. Instead of going to jail the client can stay at home and go to work as long as he keeps the bracelet on at all times! 278. §62-11B-7. §62-11B-8. The county commission may also appropriate any excess money from the fund to defray the costs of housing county inmates or for community corrections programs, if the sheriff or other person designated to administer the fund certifies in writing to the county commission that a surplus exists in the fund at the end of the fiscal year. Home incarceration for municipal court offenders. Sometimes, when people are sentenced of a crime, they don’t go to jail or prison. The Department has also increased resources to review and make appropriate determinations as soon as possible. Employment by county commission of home incarceration supervisors; authority of supervisors. counseling or other treatment programs approved for the offender by ARTICLE 6B. The list must include the following information about each offender: (1) The offender's name, any known aliases, and the location of the offender's home incarceration; (2) The crime for which the offender was convicted; (3) The date the offender's home incarceration expires; and. Circumstances under which home incarceration may not be ordered; exceptions. An order for home incarceration of an offender under section four of this article is to include, but not be limited to, the following: (1) A requirement that the offender be confined to the offender's home at all times except when the offender is: (A) Working at employment approved by the circuit court or magistrate, or traveling to or from approved employment; (B) Unemployed and seeking employment approved for the offender by the circuit court or magistrate; (C) Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved for the offender by the circuit court or magistrate; (D) Attending an educational institution or a program approved for the offender by the circuit court or magistrate; (E) Attending a regularly scheduled religious service at a place of worship; (F) Participating in a community work release or community service program approved for the offender by the circuit court, in circuit court cases; or. The maximum amount of time that a prisoner may spend on home confinement is ten percent of their sentence or six months, whichever is less. FAMILY DRUG TREATMENT COURT ACT. SECURING ATTENDANCE OF NONRESIDENT WITNESSES. fee set by the circuit court or magistrate. west virginia code acts of the legislature wv constitution us constitution. 8. person's ability to pay in determining the imposition and amount of A juvenile charged with any delinquent offense where confinement is not possible, due either to the statutory penalty, or because the court rules prior to adjudication that confinement will not be imposed, shall not be entitled to a trial by jury.