West Virginia Code § 62-11B-9

Violation of order of home incarceration procedures; penalties
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(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 of this chapter.
(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 uform 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 tincarceration. Any participant
under an order of home incarceration is subject to the same penalty or penalties, upon the
circuit court's finding of a violation of the order of home incarceration, as he or she could
have received at the initial disposition hearing: Provided, That the participant shall receive
credit towards any sentence imposed after a finding of violation for the time spent in home
incarceration. s
(c) If, at any time during the period of home incarceration, there is reasonable cause to
believe that a participant sentencedg to home incarceration by a magistrate has violated the
terms and conditions of the magistrate's order of home incarceration as an alternative
sentence to incarceration in jaeil, the supervising authority may arrest the participant and
take the offender before a magistrate within the county of the offense. The magistrate shall
then conduct a prompt aLnd summary hearing on whether the participant's home
incarceration should be revoked. If it appears to the satisfaction of the magistrate that any
condition of home incarceration has been violated, the magistrate may revoke the home
incarceration and order that the sentence of incarceration in jail be executed. Any
participant under an order of home incarceration is subject to the same penalty or penalties,
upon the magistrate's finding of a violation of the order of home incarceration, as the
parWticipant could have received at the initial disposition hearing: Provided, That the
participant shall receive credit towards any sentence imposed after a finding of violation for
the time spent in home incarceration.

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