(a) A circuit judge, magistrate, municipal court judge or community criminal justice board may require the payment of a supervision or participation fee from any person required to be supervised by or participate in a community corrections program. The circuit judge, magistrate, municipal court judge or community criminal justice board shall consider the person's ability to pay in determining the imposition and amount of the fee.
(b) A circuit judge, magistrate or community criminal justice board may require payment of a supervision or participation fee of $7 per person per day of pretrial supervision from the county commission pursuant to a pretrial release program established pursuant to article eleven-f of this chapter.
(c) A person supervised pursuant to the provisions of article eleven-f of this chapter who is later convicted of an offense or offenses underlying the person's participation in the pretrial release program may be assessed by the sentencing court, as a cost of prosecution, a fee not to exceed $30 per month for each month the person was in the pretrial supervision program.
(d) All fees ordered by the circuit court, magistrate court, municipal court or community criminal justice board pursuant to this section are to be paid to the community criminal justice board, who shall remit the fees monthly to the treasurer of the county designated as the fiscal agent for the board pursuant to section six of this article.
Structure West Virginia Code
Chapter 62. Criminal Procedure
Article 11C. The West Virginia Community Corrections Act
§62-11C-2. Community Corrections Subcommittee
§62-11C-3. Duties of the Subcommittee
§62-11C-4. Special Revenue Account
§62-11C-5. Establishment of Programs
§62-11C-6. Community Criminal Justice Boards
§62-11C-7. Supervision or Participation Fee
§62-11C-8. Local Community Criminal Justice Accounts
§62-11C-9. Use of Community Corrections Programs for Those Not Under Court Supervision
§62-11C-10. Standardized Risk and Needs Assessment; Annual Reviews; Day Report Services