2010 West Virginia Code
CHAPTER 62. CRIMINAL PROCEDURE
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-3. Definitions.
§62-11B-3. Definitions.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.
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