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Home » US Law » 2022 West Virginia Code » Chapter 62. Criminal Procedure » Article 11B. Home Incarceration Act

§62-11B-10. Information to Be Provided Law-Enforcement Agencies

A probation department charged by a circuit court or a supervisor or sheriff charged by a magistrate with supervision of offenders ordered to undergo home incarceration shall provide all law-enforcement agencies having jurisdiction in the place where the probation department or the office of the supervisor or sheriff is located with a list of offenders […]

§62-11B-11. Discretion of the Court; Provisions of Article Not Exclusive

(a) Home incarceration pursuant to the provisions of this article may be imposed at the discretion of the circuit court or magistrate court as an alternative means of incarceration for any offense. Except for offenses for which the penalty includes mandatory incarceration, home incarceration may not be considered an exclusive means of alternative sentencing. (b) […]

§62-11B-12. Supervision of Home Incarceration by Circuit Court

(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 […]

§62-11B-13. Home Incarceration for Municipal Court Offenders

Notwithstanding any provision of this article to the contrary, when a person is convicted under a municipal ordinance for which a period of incarceration may be imposed, the municipal court may enter an order for home incarceration as an alternative sentence to incarceration in a county or regional jail. A home incarceration sentence ordered by […]

§62-11B-2. Applicability

This article applies to adult offenders and to juveniles who have committed a delinquent act that would be a crime if committed by an adult.

§62-11B-3. Definitions

As used in this article: (1) "Home" means the actual living area of the temporary or permanent residence of an offender. The term includes, but is not limited to, a hospital, health care facility, hospice, group home, residential treatment facility and boarding house.

§62-11B-4. Home Incarceration; Period of Home Incarceration; Applicability

(a) As a condition of probation or bail or as an alternative sentence to another form of incarceration for any criminal violation of this code over which a circuit court has jurisdiction, a circuit court may order an offender confined to the offender's home for a period of home incarceration. As an alternative sentence to […]

§62-11B-5. Requirements for Order for Home Incarceration

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:

§62-11B-7. Home Incarceration Fees; Special Fund

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 county sheriff is to establish a special fund designated the home incarceration services fund, in which the sheriff is to deposit all home incarceration fees […]

§62-11B-8. Offender Responsible for Certain Expenses

An offender ordered to undergo home incarceration under section four of this article is responsible for providing his own food, housing, clothing, medical care and other treatment expenses. The offender is eligible to receive government benefits allowable for persons on probation, parole or other conditional discharge from confinement or incarceration.

§62-11B-9. Violation of Order of Home Incarceration Procedures; Penalties

(a) If, at any time during the period of home incarceration, there is reasonable cause to believe that a participant in a home incarceration program has violated the terms and conditions of the circuit court’s home incarceration order, he or she is subject to the procedures and penalties set forth in section ten, article twelve […]