House 4886

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4886

By Delegates Bridges, Roop, and Willis

[Introduced January 28, 2026; referred to the Committee on the Judiciary]

A BILL to amend and reenact §62-11B-4 of the Code of West Virginia, 1931, as amended, relating to clarifying where a person incarcerated on home confinement may travel.

Be it enacted by the Legislature of West Virginia:

article 11B. home incarceration act.

§62-11B-4. Home incarceration; period of home incarceration; applicability.

(a) As a condition of probation or bail or as an alternative sentence to another form of incarceration for any criminal violation of this code over which a circuit court has jurisdiction, a circuit court may order an offender confined to the offender's home for a period of home incarceration. As an alternative sentence to incarceration in jail for any criminal violation of this code over which a magistrate court has jurisdiction or as a condition of bail for a criminal violation of this code over which a magistrate court has jurisdiction to set bail, a magistrate may order an offender confined to the offender's home for a period of electronically monitored home incarceration: Provided, That electronic monitoring may not be required in a specific case if a circuit court upon petition thereto finds by order that electronic monitoring is not necessary.

(b) The period of home incarceration may be continuous or intermittent, as the circuit court or magistrate court orders. However, the aggregate time actually spent in home incarceration may not exceed the term of imprisonment or incarceration prescribed by this code for the offense committed by the offender.

(c) A grant of home incarceration under this article constitutes a waiver of any entitlement to deduction from a sentence for good conduct under the provisions of section §28-5-27 of this code.

(d) When imposing home incarceration as a condition of bail, a magistrate shall do so consistent with guidelines promulgated by the Supreme Court of Appeals.

(e) During home incarceration, the offender may travel to and from work, doctor appointments, religious services of the religious institution of which the offender is a member, any court-ordered or legal appointments, and the grocery store for food and household items.

NOTE: The purpose of this bill is to clarify where a person incarcerated on home confinement may travel.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.