As used in this article:
(1) "Home" means the actual living area of the temporary or permanent residence of an offender. The term includes, but is not limited to, a hospital, health care facility, hospice, group home, residential treatment facility and boarding house.
(2) "Monitoring device" means an electronic device that is:
(A) Limited in capability to the recording or transmitting of information regarding an offender's presence or absence from the offender's home and his or her use or lack of use of alcohol or controlled substances;
(B) Minimally intrusive upon the privacy of other persons residing in the offender's home; and
(C) Incapable of recording or transmitting:
(i) Visual images;
(ii) Oral or wire communications or any Auditory sound; or
(iii) Information regarding the offender's activities while inside the offender's home without the offender's knowledge or consent.
(3) "Offender" means any adult convicted of a crime punishable by imprisonment or detention in a county jail or state penitentiary; or a juvenile convicted of a delinquent act that would be a crime punishable by imprisonment or incarceration in the state penitentiary or county jail, if committed by an adult.
Notes of Decisions
Charles Elder v. Annabelle Scolapia, Home Incarceration Officer, 738 S.E.2d 924 (W. Va. 2013).
· cites it 4× “See W.Va.Code § 62-11B-3. Based on the foregoing analysis, we hold that an offender who has been sentenced pursuant to the Home Incarceration Act and is accordingly subject to substantial restrictions on his or her liberty by virtue of the terms and conditions imposed by a home…”
State Ex Rel. Moomau v. Hamilton, 400 S.E.2d 259 (W. Va. 1990).
· cites it 2× “W.Va.Code, 62-11B-3(3). It is to be applied at the discretion of the trial court, but does not supersede existing sentencing laws.”
State v. Hughes, 476 S.E.2d 189 (W. Va. 1996).
“” The term “offender” is defined in West Virginia Code § 62-11B-3 as “any adult convicted of a crime punishable by imprisonment or detention in a county jail or state penitentiary; or a juvenile convicted of a delinquent act that would be a crime punishable by imprisonment or…”
State v. Morris, 421 S.E.2d 488 (W. Va. 1992).
· cites it 2× “Not only did it not create such an exemption, but it specifically stated in W.Va.Code, 62-11B-3(3) (1990), by defining the term "offender," that home detention was available for "any adult convicted of a crime punishable by imprisonment or detention in a county jail or state…”
State of WV v. Corbett Maurice Carter, No. 23-277 (W. Va. Mar. 25, 2025).
“§ 62-11B-3(3) (2001) (defining “[o]ffender” to mean “any adult convicted of a crime punishable by imprisonment or detention in a county jail or state penitentiary”).”
W. Va. Code § 62-11B-3(3): 4 cases
Charles Elder v. Annabelle Scolapia, Home Incarceration Officer, 738 S.E.2d 924 (W. Va. 2013).
“See W.Va.Code § 62-11B-3. Based on the foregoing analysis, we hold that an offender who has been sentenced pursuant to the Home Incarceration Act and is accordingly subject to substantial restrictions on his or her liberty by virtue of the terms and conditions imposed by a home…”
State Ex Rel. Moomau v. Hamilton, 400 S.E.2d 259 (W. Va. 1990).
“W.Va.Code, 62-11B-3(3). It is to be applied at the discretion of the trial court, but does not supersede existing sentencing laws.”
State v. Morris, 421 S.E.2d 488 (W. Va. 1992).
“Not only did it not create such an exemption, but it specifically stated in W.Va.Code, 62-11B-3(3) (1990), by defining the term "offender," that home detention was available for "any adult convicted of a crime punishable by imprisonment or detention in a county jail or state…”
State of WV v. Corbett Maurice Carter, No. 23-277 (W. Va. Mar. 25, 2025).
“§ 62-11B-3(3) (2001) (defining “[o]ffender” to mean “any adult convicted of a crime punishable by imprisonment or detention in a county jail or state penitentiary”).”
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