(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) Upon conviction of a person, the circuit court, magistrate court or municipal court may, in its discretion, grant credit for time spent on home incarceration as a condition of bail toward any sentence imposed, if the person is found to have complied with the terms of bail.
Structure West Virginia Code
Chapter 62. Criminal Procedure
Article 11B. Home Incarceration Act
§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-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