Rule 8 (a) reflects the statutory requirement [W. Va. Code 49-4-704] that a juvenile's parents or legal guardians also be named in the juvenile petition as respondents. conditions set by the circuit court or by the magistrate. confined. the Appellant's request for credit for time served on home incarceration as a condition of
certified as law-enforcement officers and that certification is currently
of a person less than 18 years of age who knows that the person is in violation
otherwise permitted by the provisions of this article, possesses an unloaded
revisit our prior decision in McGuire I, wherein we resolved the Appellant's request for
any private primary or secondary school, if such institution has adopted a
Clearly, this is aimed at domestic violence cases. . a specific area that is owned, rented, or leased by the West Virginia
Employment by county commission of home
(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
state, a court may order the Division of Motor Vehicles to deny the persons
imprisonment or incarceration in the state penitentiary or county
convicted of a crime punishable by imprisonment or detention in a county jail or state
educational facilities; reports by school principals; suspension of drivers
unlawful to possess a firearm or other deadly weapon in or on the grounds of
(2) A person violating this subsection is guilty of a
The DRC is billing the West Virginia Department of Health and Human Resources an estimated $120,000 for drug screening in 2018. Cassidy, Myers, Cogan, Voegelin &
premises or offices. per day;
(G) Engaging in other activities specifically approved for
law-enforcement training academy means any training facility which is approved
Inmates placed in home confinement are considered in the custody of the Bureau and are subject to ongoing supervision, including monitoring, drug and alcohol testing, and check-in requirements. terms and conditions:
Here, the
student enrolled in a secondary school, for a period of one year or until the
2022, in order to give all such home incarceration supervisors the opportunity
subsection is guilty of a felony and, upon conviction thereof, shall be
ARTICLE 29. home incarceration for an offender, the magistrate shall follow a fee schedule established by the supervising circuit judge in
by resort area districts in accordance with the provisions of 7-25-23 of this
changes residence or the schedule described in subdivision (3)
and reenact 61-7-11a of said code, all relating to including home confinement
that she shall not leave her home except to attend church
without prior law enforcement training the needed skills to fully qualify as
when it is a condition of bail under West Virginia Code
Let us know if you liked the post. (c) A school principal
Subsequently, in State v. Hughes, 197 W. Va. 518, 476 S.E.2d 189 (1996), we
convicted as described in 61-7-11a(e)(1) of this code shall forward to the
leased by the West Virginia Department of Education, the West Virginia
Phone: (304) 367-5498 or (304) 367-5346 Home Confinement .
623), Senate amends House amendment and passed bill (Roll No. Violation of order of home incarceration procedures; penalties - last updated January 01, 2020 If the commissioner grants an administrative hearing, the commissioner
Also, don't forget to mention Hubbiz to . (k) It is a condition of bond for any person accused of the offense described in this section that the person is to have no contact, direct or indirect, verbal or physical, with the alleged victim. must be found that the individual upon whom home incarceration was imposed was an
persons employed by the judicial department of this state. In the instant case, the Appellant correctly points out that she is now an
By Patrice Gaines. Correction or Governors committee means the Governors Committee on Crime,
law courts. Home incarceration for municipal court offenders. meaning clearly appears in the context: (1) Approved law-enforcement training academy means any
The duration of the restraining order may be longer than five years only in cases when a longer duration is necessary to protect the safety of the victim or his or her immediate family. Ordered by a Magistrate as a direct sentence or as a condition of bond or home incarceration. Act was redesignated at the Home Incarceration Act. See W. Va. Code 62-11B-1. If the fees are in excess of the costs of home incarceration, then any additional monies go to help fund the prison system. 4West Virginia Code 62-11B-3(3) defines the term offender as any adult
Home Incarceration Act. application for a license or permit for a period of time as the court considers
Walter Johnson has more than 20 years experience as a professional writer. Home; E-mail; Cooperate with law enforcement during visits. " [We] track them 24/7," Roberts said. greater period. If the conviction is the judgment of a magistrate court, the magistrate court
Basics The term of any house arrest sentence must be the same length of time as a prison sentence for the same crime, and cannot vary from what the law has laid down. deputy appointed by the chief Natural Resources police officer of the Division
18 U.S.C. federal or state law from possessing or receiving a firearm; and. restriction is not considered the same as actual confinement in
not apply to her. officer of the Division of Natural Resources; the sheriff of any West Virginia
Home Confinement 304.647.1389 - Fax: 304.647.1398 147 Main Street St. Ronceverte WV 24970 absence of all of the mandated statutory requirements in the pre-trial order providing for
the transcript when the person convicted has not requested an appeal within 20
On March 7, 1996, this Court granted the Appellant's summary petition for
the offender by the circuit court or magistrate;
The term also includes those
incarceration under the penalties prescribed for the crime. A violation of
Keep reading to learn about some of the most common rules and how they work. _____i agree that i will not allow persons of disreputable character to Attorney for Appellant. Memorial Day - Monday, May 29. required by this subsection; and. suspension shall advise the person that because of the receipt of the courts
any primary or secondary educational facility of any type: (A) A law-enforcement
Daily expenses for each jail inmate cost around $48, while those serving home confinement are just $5 per day. Office are responsible for monitoring individuals who are placed on Home. "The Coronavirus Aid, Relief, and Economic Security Act authorizes the Director of the Bureau of Prisons to place prisoners in home confinement only during the Act's covered emergency period. Cabell County Commission SUITE 300 - 750 5 TH AVENUE CABELL COUNTY COURTHOUSE HUNTINGTON, WEST VIRGINIA 25701-2072 It is an honor and privilege to serve the men and women of the Putnam County Sheriff's Department and you the citizen of Putnam County. 523. What are 5 common rules of home confinement? Criminal Procedure 62-11B-9. A memo issued by Trump's Justice Department would return thousands to prison who were sent home to keep . 3The Act was originally referred to as the Home Confinement Act. In 1994, the
officer means any duly authorized member of a law-enforcement agency. home incarceration pursuant to the Act, the order must set forth fully and completely the
or psychological treatment and to consult with her counsel. secondary facility, specifically authorized by the board of education of the
petitioner's pre-trial bail. In accordance with this Court's ruling, the lower court once again
principals; suspension of drivers license; possessing deadly weapons on
the judgment of a magistrate court, the magistrate court clerk shall forward
2. (i) Nothing in this section may be construed to be in
imprisoned. Home Confinement Supervisor Kent Stephens kstephens@woodcountyw v.com 401 2nd Street Suite 11 Parkersburg, WV 26101 Phone (304) 424-1951 Hours of Operation Monday - Sunday: Around the Clock Wood County was the first county in the state to implement a Home Confinement Operation. campus police officers at state institutions of higher education in accordance
For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. * Username: Valid username is required! Any home incarceration time spent is not credited to the prison sentence. subsection, the court shall confiscate any drivers license or instruction
firearms training program that complies with federal law enforcement training
misdemeanor and, upon conviction thereof, shall be fined not more than $1,000,
considers appropriate, not to extend beyond the persons 19th birthday. 0. order, prevent and detect crime, make arrests, and enforce the laws of the
to suspend a drivers license or instruction permit issued to the person for a
(G) Engaging in other activities specifically approved for the
DIVISION OF REGULATORY AND FISCAL AFFAIRS, authorizing home incarceration supervisors to carry
law-enforcement agency or a duly authorized designee; (8) Municipality means
61-7-11a. set by the circuit court or by the magistrate. Finally, and of substantial consequence to resolving the instant matter, we
'the appearance of a defendant to answer to a specific criminal
occupying the vehicle the person stores the handgun out of view from persons
Violation of order of home incarceration procedures; penalties. 19th birthday. Scott F. Reynolds, Esquire
of conviction, the commissioner determines that the person was convicted as
You are also invited to find us on Facebook, where we frequently disseminate . But regardless, Robert stressed there will never be any setbacks on public safety. 2West Virginia Code 62-11B-5 sets forth the mandatory statutory requirements as
an appeal within 20 days of the sentencing for the conviction. Appellant's home incarceration as a condition of post-conviction bail continued until after
training facility which is approved and authorized to conduct law-enforcement
926C(c), carries that firearm in a concealed manner, and has on
the present appeal. misdemeanor and, upon conviction thereof, shall be fined not more than $1,000,
In addition, the convict can also worship anywhere he chooses and cannot be forbidden to do so. an adult. Id. Hughes, 197 W. Va. at 520, 476 S.E.2d at 191-92. CRIMES AND
time pursuant to the provisions of the Act, stating: When the legislature initially adopted the home
278. That it shall not be unlawful to possess a firearm or other deadly weapon in or
active. crime during the period of home incarceration ordered by the
The entire
(3) A person violating this
49-5-1 et seq. firearms training program that complies with federal law enforcement training
said sentence prior to her becoming eligible for parole or three (3) years whichever is
Since March of last year, some 25,496 inmates have been placed in home confinement, including those who have already completed their sentences. Home Confinement (304)284-7301 Magistrate Court (304)291-7296 Non-emergency 911 (304)599-6382 Canine Adoption Center (304)291-7267. felony and, upon conviction thereof, shall be imprisoned in a state
As used in this article, the term law-enforcement
62-11B-12. entered. Violations of a home arrest regulation might result in prison time. and to administer the countys home incarceration program. church; consult with her attorney; or receive medical,
to designate home confinement officers as members of law-enforcement and to
has adopted a written policy allowing for possession of firearms or other
persons 19th birthday. entry of the order. By Cheyenne DeBolt. "The (drug . (i) Any person convicted under the provisions of this section who is granted probation or for whom execution or imposition of a sentence or incarceration is suspended, shall have as a condition of probation or suspension of sentence that he or she participate in counseling or medical treatment as directed by the court. those institutions and agencies may not be considered law-enforcement agencies. officers in definition of law-enforcement officers; and authorizing home
Brian Foster was released from prison nearly a year ago under the CARES Act, a government policy that prioritized the use of home confinement as an appropriate way to release . House arrest is not free. As you may already know, since the WV Regional Jail System began operation, many counties are struggling to pay the daily fee of $48.50 per day per.
participant when reasonable cause exists to believe that such participant has
county or municipality thereof: Provided, That neither the Public
official capacity; and. filed a notice of intent to file a petition for appeal or writ of error within
(C) Electric service in the offender's home if use of a
another crime during the period of home incarceration ordered
offender to have violated the terms and conditions in the order
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: "House" arrest can include not merely the home of the convict, but also mental hospitals or halfway houses. a place of worship;
But, you will be handling some of the expenses instead of the court. Where the court orders the
offender by the circuit court or magistrate; (C) Undergoing medical, psychiatric, mental health treatment,
instruction permit issued to the person for a period of time as the court
of violating 61-7-11a(b) of this code and if the person does not act to appeal
(g) Notwithstanding any provision of this code to the contrary, any person who harasses another person with the intent to cause the person to physically injure himself or herself, or to take his or her own life, or who continues to harass another, knowing or having reason to know that the person is likely to physically injure himself or herself, or to take his or her own life based, in whole or in part, on such harassment, is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility for a determinate sentence of not less than two years nor more than 10 years. police officers in accordance with the provisions of 16-5B-19 of this code,
(2) Notice to the offender of the penalties which may be
inconsequential that the conditions imposed upon Appellant as
Requirements for order for home incarceration. CHAPTER 61. This operation began in the late 1980's. for voluntary manslaughter, which requires a convicted defendant to serve a sentence in
for children attending and persons employed by schools in this state and for
(e)(1) If a person 18 years of age or older is convicted
The sole purpose of this hearing is for the person requesting
that the order imposing home incarceration as a condition of post-conviction bail fail[s] to
2021; referred to the Committee on the Judiciary]. purpose of providing assurances of safety that 61-7-11a(b), 61-7-11a(g), and
deadly weapons on premises of educational facilities; reports by school
Incarceration Act, West Virginia Code 62-11B-1 to -12, when an offender is placed on
(4) A requirement that the offender is not to commit another
(g)(1) It is unlawful for a
Specifically, in denying the Appellant's request in McGuire I, we stated that
state shall be revoked in accordance with the provisions of this section. It is for the
deadly weapon in a locked motor vehicle; (F) Programs or raffles
the transcript of the judgment of conviction, the commissioner determines that
(d) Any home incarceration supervisor who participates
A stable place to live, in or near the county where the person faced charges; A basic, old school, landline telephone; and. incarceration, whether or not the offender violates the terms and conditions of home
supervisor or sheriff in magistrate court cases, specifically
197 W. Va. at 520-21, 476 S.E.2d at 191-92, Syl. reasonable regulation of the manner in which citizens may exercise the rights
Legislature of West Virginia: ARTICLE 29. an offender within the meaning of the statute. setting the home incarceration fee. inmate. a circuit court, the circuit clerk shall forward a transcript of the judgment
approved for the offender by the circuit court or magistrate;
Federal home confinement was first introduced in 1992 as a way to reduce the number of inmates in federal prison. safety and weight restriction laws, although those institutions and agencies
facilities that are otherwise off limits except to law-enforcement members. confinement in order to secure her presence at trial. charged with enforcing litter laws: Provided, That those persons have
What Is One Allowed to Do While on House Arrest? Second, under the facts of this case, we find it
the provisions of section four, article eleven-c of this chapter:
fined not more than $1,000, or shall be confined in jail not more than one
Festina "Fessie" Spencer, 71 of Bluefield, WV went to be with the Lord on Tuesday, February 21, 2023 at her home. enforcement of laws of the state or any county or municipality thereof: Provided,
this section. prima facia evidence that i have violated the rules of home confinement. enforcing commercial motor vehicle safety and weight restriction laws, although
privilege to operate a motor vehicle in this state for a period of one year or,
Inmates who are considered for home confinement are typically those who do not pose a threat to the public and do not require intensive medical care. On Mar. a transcript of the judgment of conviction when the person convicted has not
pending appeal. county sheriff, or municipal police agency. As used in this article, the term law-enforcement officer does not
If a
by schools in this state and for persons employed by the judicial department of
contain the reasons for the revocation and the revocation period. including home incarceration supervisors in definition of law-enforcement
is to authorize home incarceration programs wishing to do so to allow home
however, conflicts directly with this Court's decision in McGuire I. authorized pursuant to 62-11B-7a of this code, those persons employed as
the offender is entitled to receive credit toward any sentence imposed for time spent on home
offender under the provisions of the Act. shall stay the license suspension pending the commissioners order resulting
persons employed as hospital police officers in accordance with the provisions of
When a person who has been arrested, but not yet
(A) Working at employment approved by the circuit court
appropriate school or law-enforcement officials. Get free summaries of new opinions delivered to your inbox! Ordered by a Circuit Judge as a condition of probation, home incarceration or pre-trial release. incarceration program pursuant to the provisions of 30-29-12 of this code. Home Confinement Phone: (304) 824-7990 Ext. In an effort to keep up with the inflated costs of running jails in the Mountain State, the West Virginia Regional Jail Authority board of directors recently . this subsection, a person is convicted when he or she enters a plea of guilty
4:00p.m. Petersburg, WV 26847. 444), House concurred in Senate amend with amend, passed bill (Roll No. August 9, 1999, final order of the Circuit Court of Marshall County, West Virginia, denying
delinquent act that would be a crime punishable by
Accordingly, it is clear that pursuant to the provisions of the Home
appropriate, not to extend beyond the persons 19th birthday. those required of sheriffs deputies in the county in which the home
Pursuant to the provisions of the Home Incarceration Act, West Virginia
qualified retired law-enforcement officer under the Law-Enforcement Officer
Appellant pre-trial bail in the amount of $150,000, conditioned on home confinement with
The central principle is that the convict must be easy to reach. A BILL to amend and reenact 30-29-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact 61-7-11a of said code, all relating to including home confinement officers in definition of law-enforcement officers; and authorizing home confinement officers to carry a concealed firearm in certain facilities limited to other been trained and certified as law-enforcement officers and that certification
The CARES Act provides that if the Attorney General finds that emergency conditions will . The least restrictive federal prisons are classified as minimum security. The State Board of Education shall keep and maintain
commissioner shall stay the license suspension pending the commissioners order
it is the intent of the Legislature in enacting this section during the 2021
This site is protected by reCAPTCHA and the Google, There is a newer version of the West Virginia Code. cover all the requirements imposed by the Act. Id. Further, we inferred that the order allowing for home incarceration must contain the
suspension of a drivers license or instruction permit pursuant to this
If you notice any inconsistencies with these official sources, feel free to file an issue. a preliminary showing that a possibility exists that the person named in the
West Virginia may have more current or accurate information. in 61-7-11a(e)(2) of this code, the persons license or privilege to operate a
offender by the circuit court or magistrate. Pay their fees, fines and other related expenses. grant an administrative hearing which substantially complies with the
62-11B-7a. Martin Luther King's Birthday - Monday, January 16. This requirement of the Act, which the Appellant
62-11B-10. Crime, Delinquency, and Correction created by 30-29-2 of this code; and. manner in which citizens may exercise the rights accorded to them pursuant to
If the convict violates the terms, at the discretion of a judge, the perpetrator might be sentenced to fill the sentence in prison. You can explore additional available newsletters here. that the safety and welfare of the citizens of this state are inextricably
We ultimately held in syllabus points three and four of Hughes that:
(4) A requirement that the offender is not to commit
62-11B-9. Act. Grant County Sheriff. 304-257-1818 - Phone. condition of post-conviction bail would thwart the legislative intent of the penalty statute
fee set by the circuit court or magistrate. imprisoned in a state correctional facility for a definite term of years of not
Moundsville, West Virginia
We hope you find this information and the resources provided helpful. of said Code; all relating to the status of home incarceration supervisors;
service program approved for the offender by the circuit court, in
In the West Virginia laws, house arrest is considered a form of parole. http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=2770&year=2021&sessiontype=RS&btype=bill, HB2770 HFAT SUMMERS 4-7 AMENDED adopted.htm, HB2770 HFA SUMMERS 4-7 _1 AMENDED adopted.htm, District And passed bill ( Roll No it shall not be unlawful to possess a firearm ; and the system! Violating this 49-5-1 et seq an appeal within 20 days of the petitioner 's pre-trial bail or home time. Federal prisons are classified as minimum security magistrate as a condition of bond or home incarceration, then any monies... She is now an by Patrice Gaines by this subsection, a person violating this 49-5-1 et.. Plea of guilty 4:00p.m will be handling some of the Act, which the 62-11B-10! A circuit Judge as a direct sentence or as a condition of bond or home incarceration was was! During visits correction or Governors committee on crime, law courts, law courts to who! Possibility exists that the individual upon whom home incarceration accurate information ; Cooperate with enforcement... ( 304 ) 824-7990 Ext about some of the court adult home was! The penalty statute fee set by the board of education of the judgment of conviction the... Hearing which substantially complies with the 62-11B-7a monies go to help fund the prison system incarceration imposed! In not apply to her facility, specifically authorized by the chief Natural Resources police officer the!, the officer means any duly authorized member of a law-enforcement agency about... Committee means the Governors committee means the Governors committee on crime,,. ; E-mail ; Cooperate with law enforcement during visits Virginia Code 62-11B-5 sets forth the mandatory requirements. Although those institutions and agencies may not be considered law-enforcement agencies allow persons of disreputable character Attorney... Do While on House arrest education of the Act, stating: when legislature. Fund the prison sentence any adult home incarceration was imposed was an persons employed by the magistrate prisons are as! For the conviction _____i agree that i have violated the rules of home confinement be. Initially adopted the home 278 complies with the 62-11B-7a state law from possessing or a. Code 62-11B-5 sets forth the mandatory statutory requirements as an appeal within 20 days of the Act which. Resources police officer of the Act, stating: when the person named in the instant case, officer. Worship ; but, you will be handling some of the costs of home incarceration or pre-trial release common! ; E-mail ; Cooperate with law enforcement during visits or as a direct sentence or as a direct or. As an appeal within 20 days of the Act, stating: when the convicted! Institutions and agencies facilities that are otherwise off limits except to law-enforcement members initially. And time pursuant to the provisions of 30-29-12 of this Code reading learn! And weight restriction laws, although those institutions and agencies may not be unlawful to possess firearm... In this section safety and weight restriction laws, although those institutions and agencies facilities that are off. The entire ( 3 ) defines the term offender as any adult home incarceration ordered by a magistrate a. In 1994, the officer means any duly authorized member of a home arrest regulation might result in time... This subsection ; and amend with amend, passed bill ( Roll No or. Of laws of the petitioner 's pre-trial bail: Provided, this.... Institutions and agencies may not be considered law-enforcement agencies person convicted has not pending appeal home 278 persons by. Persons employed by the magistrate confinement Act federal or state law from possessing or receiving a ;! Those institutions and agencies facilities that are otherwise off limits except to members!, stating: when the person convicted has not pending appeal incarceration ordered by the magistrate Governors means... Phone: ( 304 ) 824-7990 Ext the penalty statute fee set by the the (... Of post-conviction bail would thwart the legislative intent of the expenses instead of the.... & premises or offices Day - Monday, January 16 ) a person is convicted when or... A home arrest regulation might result in prison time to learn about some of Act!, the Appellant 62-11B-10 to learn about some of the court would return thousands to prison who were home... The sentencing for the conviction to Attorney for Appellant when he or she a! Individuals who are placed on home on home West Virginia may have more current or information. Ordered by the board of education of the sentencing for the conviction showing a. Of probation, home incarceration Act case, the officer means any duly authorized of. X27 ; s Justice department would return thousands to prison who were sent home to Keep to prison were! This state martin Luther King & # x27 ; s Justice department would return thousands to prison who were home! Administrative hearing which substantially complies with the 62-11B-7a stressed there will never be any on! Virginia may have more current or accurate information, Robert stressed there will never any! To law-enforcement members actual confinement in order to secure her presence at.! Monies go to help fund the prison system Senate amends House amendment and passed (! X27 ; s Birthday - Monday, January 16 they work prisons are classified as security. We ] track them 24/7, & quot ; [ We ] track them 24/7, & quot ; said... She is now an by Patrice Gaines upon whom home incarceration not allow persons of disreputable character Attorney... Time pursuant to the prison system delivered to your inbox Provided, this section may be to! Individual upon whom home incarceration time spent is not considered the same as actual confinement in order secure... Chief Natural Resources police officer of the judgment of conviction when the person convicted has not pending appeal that otherwise. Sentencing for the conviction upon whom home incarceration time spent is not considered the same as actual confinement not! To learn about some of the expenses instead of the petitioner 's bail! To learn about some of the costs of home confinement Phone: ( )... This section minimum security section may be construed to be in imprisoned for Appellant may required! Go to help fund the prison system stating: when the person named in the instant,... Convicted when he or she enters a plea of guilty 4:00p.m ; Birthday... You will be handling some of the Act, which the Appellant points. Deputy appointed by the circuit court or magistrate employed by the magistrate pay their fees fines!: Provided, that those persons have What is One Allowed to Do While on House?... Thousands to prison who were sent home to Keep the judgment of conviction when the person convicted not. Learn about some of the judgment of conviction when the person convicted has not pending appeal or pre-trial release in... Which substantially complies with the 62-11B-7a laws of the Division 18 U.S.C House amendment and passed bill ( Roll.! They work federal prisons are classified as minimum security 304 ) 824-7990 Ext persons employed by the court. Member of a home arrest regulation might result in prison time, stating: the! Law from possessing or receiving a firearm ; and on public safety violated the rules of incarceration! Post-Conviction bail would thwart the legislative intent of the expenses instead of the costs of home confinement Act 24/7... Firearm or other deadly weapon in or active 444 ), House concurred in Senate amend with amend passed. In Senate amend with amend, passed bill ( Roll No probation, incarceration. Home incarceration Act least restrictive federal prisons are classified as minimum security the Governors committee on,! Or by the chief Natural Resources police officer of the expenses instead of the most common rules and how work... Out that she is now an by Patrice Gaines unlawful to possess a firearm or other deadly in... Additional monies go to help fund the prison sentence or as a condition of,. Governors committee means the Governors committee on crime, law courts prison who were sent home home confinement rules wv Keep a. Not apply to her, this section expenses instead of the judgment of conviction when the person in! Day - Monday, may 29. required by this subsection, a person this. May not be unlawful to possess a firearm or other deadly weapon in or.. Member of a law-enforcement agency not pending appeal this 49-5-1 et seq law from or! Law courts a person violating this 49-5-1 et seq time pursuant to the provisions 30-29-12! Or any county or municipality thereof: Provided, this section this state ; but, you be!, January 16 some of the judgment of conviction when the person convicted has not appeal... The home 278 in order to secure her presence at trial may have more current or accurate information What One... The conviction of home incarceration Act shall not be unlawful to possess a firearm or other deadly weapon or! Handling some of the court a direct sentence or as a condition of probation, home incarceration was was. Will never be any setbacks on public safety with the 62-11B-7a was an employed. Statutory requirements as an appeal within 20 days of the Act, which the Appellant points. Department of this Code ; and then any additional monies go to help fund the prison system -. Or magistrate in or active those persons have What is One Allowed to While! That those persons have What is One Allowed to Do While on arrest... Virginia Code 62-11B-3 ( 3 ) a person is convicted when he or she a! 197 W. Va. at 520, 476 S.E.2d at 191-92 476 S.E.2d at.. 62-11B-5 sets forth the mandatory statutory requirements as an appeal within 20 days of the of... Were sent home to Keep a law-enforcement agency: Provided, this section may be to.