home confinement rules wv
(c) A grant of home incarceration under this article constitutes a waiver of any entitlement to deduction from a sentence for good conduct under the provisions of section twenty-seven, article five, chapter twenty-eight of this code. If a magistrate orders home incarceration for an offender, the magistrate shall follow a fee schedule established by the supervising circuit judge in setting the home incarceration fee. Home Confinement Phone: (304) 824-7990 Ext. (C) Incapable of recording or transmitting: (ii) Oral or wire communications or any Auditory sound; or. (iii) Information regarding the offender's activities while inside the offender's home without the offender's knowledge or consent. 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 may designate the county sheriff to supervise offenders ordered to undergo home incarceration and to administer the county's home incarceration program. In … About Search Results. imposed if the circuit court or magistrate subsequently finds the As of 2009, the state of West Virginia has instituted, as part of its criminal code, a set of rules governing house arrest or home incarceration. ARTICLE 11E. setting forth the times when the offender may be absent from the Confinement Operations. ELECTRONIC INTERCEPTION OF PERSON\'S CONDUCT OR ORAL COMMUNICATIONS IN HOME BY LAW ENFORCEMENT. However, the aggregate time actually spent in home incarceration may not exceed the term of imprisonment or incarceration prescribed by this code for the offense committed by the offender. the fee; and. Law Enforcement/Secretary Fax: (304) 824-3430. service program approved for the offender by the circuit court, in In most cases, the inmate begins in a halfway house. As an alternative sentence to incarceration in jail for any criminal violation of this code over which a magistrate court has jurisdiction or as a condition of bail for a criminal violation of this code over which a magistrate court has jurisdiction to set bail, a magistrate may order an offender confined to the offender's home for a period of electronically monitored home incarceration: Provided, That electronic monitoring may not be required in a specific case if a circuit court upon petition thereto finds by order that electronic monitoring is not necessary. person's ability to pay in determining the imposition and amount of Please feel free to email: [email protected] Document Preview. Tax Office and Concealed Weapon Permits Phone: (304) 824-7990 Ext. Home confinement residents who are not employed, but have other means of financial support, shall contribute an appropriate amount as determined by the provider and approved by the CCM. Supervision of home incarceration by circuit court. (b) The period of home incarceration may be continuous or intermittent, as the circuit court or magistrate court orders. In addition, probation hooks up a device to the telephone at the client’s home; one telephone line must be dedicated to the device at all times. §62-11B-4. ARTICLE 15A. All home incarceration fees ordered by the circuit court or a magistrate pursuant to subdivision (7), section five of this article are to be paid to the county sheriff. The court should have outlined for you, the scope of your home confinement. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL PROCEDURES. "House" arrest can include not merely the home of the convict, but also mental hospitals or halfway houses. A home incarceration sentence ordered by a municipal court pursuant to the provisions of this section is subject to the same requirements and conditions as a home incarceration sentence imposed by a circuit court or magistrate court pursuant to the provisions of this article. (3) A requirement that the offender abide by a schedule, prepared by the probation officer in circuit court cases, or by the supervisor or sheriff in magistrate court cases, specifically setting forth the times when the offender may be absent from the offender's home and the locations the offender is allowed to be during the scheduled absences. (3) A requirement that the offender abide by a schedule, §62-11B-5. (d) A magistrate may only order home incarceration for an offender convicted of a crime of violence against the person if the offender does not occupy the same home as the victim of the crime. (b) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant sentenced to home incarceration by the circuit court has violated the terms and conditions of the court’s order of home incarceration and the participant’s participation was imposed as an alternative sentence to another form of incarceration, the participant is subject to the same procedures involving confinement and revocation as would a probationer charged with a violation of the order of home incarceration.
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