West Virginia Code § 62-11B-5

Requirements for order for home incarceration
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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 treaatment, 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 couert, in circuit court cases; or
(G) Engaging in other acLtivities specifically approved for the offender by the circuit court or
magistrate.
(2) Notice to the offender of the penalties which may be imposed if the circuit court or
magistrate subsequently finds the offender to have violated the terms and conditions in the
order of home incarceration.
(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.
(4) A requirement that the offender is not to commit another crime during the period of
home incarceration ordered by the circuit court or magistrate.
(5) A requirement that the offender obtain approval from the probation officer or supervisor
or sheriff before the offender changes residence or the schedule described in subdivision (3)
of this section.
(6) A requirement that the offender maintain:
(A) A working telephone in the offender's home;
(B) If ordered by the circuit court or as ordered by the magistrate, an electronic monitoring
device in the offender's home, or on the offender's person, or both; and
(C) Electric service in the offender's home if use of a monitoring device is ordered by the
circuit court or any time home incarceration is ordered by the magistrate.
(7) A requirement that the offender pay a home incarceration fee set by the circuit court or
magistrate. If a magistrate orders home incarceration for an offender, the magistrate shall
follow a fee schedule established by the supervising circuit judgeu in setting the home
incarceration fee. The magistrate or circuit judge shall consider the person's ability to pay in
determining the imposition and amount of the fee;
(8) A requirement that the offender pay a fee authorizead by the provisions of section four,
article eleven-c of this chapter: Provided, That the magistrate or circuit judge considers the
person's ability to pay in determining the impositioln and amount of the fee; and
(9) A requirement that the offender abide by other conditions set by the circuit court or by
the magistrate. i

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