West Virginia Code 62-11B-3 – Definitions
As used in this article:
Terms Used In West Virginia Code 62-11B-3
- Home: means the actual living area of the temporary or permanent residence of an offender. See West Virginia Code 62-11B-3
- Offender: means any adult convicted of a crime punishable by imprisonment or detention in a county jail or state penitentiary. See West Virginia Code 62-11B-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(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.