62-11B-1 Short title
62-11B-2 Applicability
62-11B-3 Definitions
62-11B-4 Home incarceration; period of home incarceration; applicability
62-11B-5 Requirements for order for home incarceration
62-11B-6 Circumstances under which home incarceration may not be ordered; exceptions
62-11B-7 Home incarceration fees; special fund
62-11B-7a Employment by county commission of home incarceration supervisors; authority of supervisors
62-11B-8 Offender responsible for certain expenses
62-11B-9 Violation of order of home incarceration procedures; penalties
62-11B-10 Information to be provided law-enforcement agencies
62-11B-11 Discretion of the court; provisions of article not exclusive
62-11B-12 Supervision of home incarceration by circuit court
62-11B-13 Home incarceration for municipal court offenders
62-11B-7b Home incarceration supervisors deemed qualified law-enforcement officers as that term is used in 18 U.S.C. §926B
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Terms Used In West Virginia Code > Chapter 62 > Article 11B - Home Incarceration Act

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Home: means the actual living area of the temporary or permanent residence of an offender. See West Virginia Code 62-11B-3
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Monitoring device: means an electronic device that is:

    (A) Limited in capability to the recording or transmitting of information regarding an offender'. See West Virginia Code 62-11B-3

  • Offender: means any adult convicted of a crime punishable by imprisonment or detention in a county jail or state penitentiary. See West Virginia Code 62-11B-3
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Statute: A law passed by a legislature.