Notwithstanding any provision of this article to the contrary, when a person is convicted under a municipal ordinance for which a period of incarceration may be imposed, the municipal court may enter an order for home incarceration as an alternative sentence to incarceration in a county or regional jail. A home incarceration sentence ordered by a municipal court pursuant to the provisions of this section is subject to the same requirements and conditions as a home incarceration sentence imposed by a circuit court or magistrate court pursuant to the provisions of this article. All home incarceration fees ordered by the municipal court pursuant to subdivision (7), section five of this article are to be paid to the municipal clerk, who shall monthly remit the fees to the sheriff.
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