reglab/housing_qa huggingface dataset:
WV Code § 62-9-21 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 9. Forms of Indictments|§62-9-21. Indictment for Keeping House of Ill Fame

An indictment for keeping a house of ill fame, assignation house or house of like character, shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):That A .............., on the ........ day of ........, nineteen ........, in the said county of ........, and within one year before the finding of this indictment, did unlawfully keep and maintain a certain house of ill fame, assignation house or house of like character, resorted to for the purposes of prostitution and lewdness, against the peace and dignity of the state.And for letting a house for like purposes, the indictment shall be sufficient if it be in the following form, tenor or effect (after following the form in section one):That A..............., on the ............ day of ................, nineteen ............, in the said county of ............., and within one year before the finding of this indictment, being the owner of a certain house then and there situate in said county at ........, did then and there unlawfully and knowingly lease, let, rent and permit the same to be rented, leased and used , unlawfully and knowingly, by B ............... for the purpose of prostitution and lewdness, against the peace and dignity of the state.
WV Code § 62-10-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-1. Security to Keep the Peace

Every magistrate shall have the power to require, from persons not of good fame, security for their good behavior and to keep the peace, for a term not exceeding one year. A person who violates a court order to keep the peace may be fined not more than $250.
WV Code § 62-10-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-2. Intended Offense -- Complaint; Warrant

If complaint be made to any justice, that there is good cause to fear that a person intends to commit an offense against the person or property of another, he shall examine the complainant on oath, and any witnesses who may be produced, reduce the complaint to writing, and cause it to be signed by the complainant. If it appear proper, such justice shall issue a warrant, reciting the complaint, and requiring the person complained of forthwith to be apprehended and brought before him or some other justice of the county.
WV Code § 62-10-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-3. Hearing, Judgment, Appeal Process for Security to Keep the Peace

When a defendant appears pursuant to section one, article ten, chapter sixty-two of the Code of West Virginia, if the magistrate, upon hearing the parties, decides that there is not good cause for the complaint, the magistrate shall discharge the defendant, and may grant judgment in the defendant's favor and against the complainant for the defendant's costs. If the magistrate decides there is good cause for the complaint, he or she may grant judgment for the complainant and may require a bond of the person against whom the judgment is granted. The magistrate may then enter a judgment against the defendant for the full costs of the prosecution, or any part thereof. If the defendant violates the conditions of the bond, he or she may be fined not more than $250. If the defendant fails to pay the fine imposed, the magistrate granting the judgment under this section for costs may, pursuant to article four, chapter thirty-eight of the Code of West Virginia issue a writ of execution on the defendant's personal property. A person from whom a bond is required may, upon the imposition of the bond, appeal the judgment to the circuit court of the county in which the judgment was granted.
WV Code § 62-10-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-4. Same -- Proceedings on Appeal; Discharge From Commitment by Circuit Court

The court may dismiss the complaint, or affirm the judgment, and make such order as it may deem proper as to the costs. If it award costs against the appellant, the recognizance which he may have given shall stand as surety therefor. When there is a failure to prosecute the appeal, such recognizance shall remain in force, although there be no order of affirmance. On any appeal the court may require of the appellant a new recognizance if it deem proper. Any person committed to jail under this article may be discharged by the circuit court, or the judge thereof in vacation, upon such terms as may be deemed reasonable.
WV Code § 62-10-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-5. Recognizance in Carrying Weapons

If any person go armed with a deadly, dangerous or prohibited weapon in violation of any of the provisions of article seven, chapter sixty-one of this code, he may be required to give a recognizance, with the right of appeal, as before provided, and like proceedings shall be had on such appeal.
WV Code § 62-10-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-6. Offenses in Presence of Constable

If any person shall, in the presence of a constable and within his county, make an affray, or threaten to beat, wound or kill another, or to commit violence against his person or property; or content with angry words to the disturbance of the peace; or improperly or indecently expose his person; or appear in a state of gross intoxication in a public place; such constable may, without warrant or other process, or further proof, arrest such offending person and take him before some justice of the county in which such offense is committed, who, upon hearing the testimony of such constable and other witnesses, if any are then and there produced, if, in his opinion the offense charged be proved, shall require the offender to give bond or recognizance, with surety, to keep the peace and be of good behavior for a term not exceeding one year.
WV Code § 62-10-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-7. Offenses in Presence of Justice

If any offense enumerated in section six of this article be committed in the presence of a justice within his county, or, the offender being brought before him the commission thereof be proved to his satisfaction, he may, besides requiring a bond or recognizance with surety, as provided in the preceding section, impose a fine upon the offender not exceeding $5. If such bond or recognizance be not then and there given, or such fine be not then and there paid, such justice shall commit the offender to the jail of his county, there to remain until such bond or recognizance be given, and such fine be paid; but no imprisonment under this section shall continue more than ten days, at the end of which the sheriff or jailer shall discharge the prisoner, unless he has been commanded by proper authority to detain him for some other cause.
WV Code § 62-10-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-8. Special Peace Officers at Fairs

It shall be lawful for any justice of the peace, on the application of any of the officers of any state, county, or independent agricultural and mechanical association, agricultural society or industrial association of this state, to appoint a suitable number of discreet persons to assist in keeping the peace during the time when any such society shall be holding its annual or other fairs, and make an entry in his docket of the names of all such persons he shall so appoint.All such persons so appointed by a justice shall have full power, and it shall be their duty, to suppress all riots, disturbances and breaches of the peace that may occur on such fair grounds, or within one mile thereof, during the time such fairs are being held, and may, upon view, arrest any person who may, at such time and place be guilty of violating any law of this state, and may pursue and arrest any such person anywhere in this state, and bring him before any justice of the county in which such offense was committed; and the justice, if he considers that there is sufficient cause to charge the party with violating the law, shall certify to the circuit court, or other court of record having jurisdiction in criminal cases in the county, the nature and character of the offense, and shall take from the party a recognizance, with good security, in the sum of not less than $100 nor more than $5,00, conditioned for his appearance before such court and to answer any indictment that may be made against him and not to depart without the leave of the court, and for his keeping the peace and being of good behavior until he shall appear before said circuit court; and the justice shall immediately transmit such certificate and recognizance to the clerk of such court, together with a list of the witnesses on the part of the state. Should the party fail to enter into such recognizance, the justice shall commit him to the county jail for trial, and shall make out a warrant of commitment to the jailer, who shall detain him in his custody until discharged by order of such court, unless he sooner enter into such recognizance before some justice of the county. Should such last-named recognizance be entered into, the justice taking the same shall transmit it to the clerk of the circuit court; and the justice making such commitment shall transmit a copy of it to said clerk, together with a list of the witnesses on the part of the state.
WV Code § 62-10-9 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 10. Prevention of Crime|§62-10-9. Power and Authority of Sheriffs, Deputy Sheriffs and Correctional Officers to Make Arrests

Sheriffs and each of their deputies are hereby authorized and empowered within their respective counties to make arrests for any crime for which a warrant has been issued in violation of any laws of the United States or of this state, and to make arrests without warrant for all violations of any of the criminal laws of the United States, or of this state, when committed in their presence. A correctional officer may execute a warrant, issued for the arrest of a person, only when the person named in the warrant is already in the custody of the officer or when the person voluntarily surrenders to the correctional officer at the county or regional jail or a state correctional facility at which the correctional officer is employed.
WV Code § 62-11-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11. Fresh Pursuit|§62-11-1. Arrests Within State by Nonresident Peace Officer

Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
WV Code § 62-11-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11. Fresh Pursuit|§62-11-2. Procedure Upon Arrest

If an arrest is made in this state by an officer of another state in accordance with the provisions of section one of this article he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.
WV Code § 62-11-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11. Fresh Pursuit|§62-11-3. Construction of §62-11-1

Section one of this article shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
WV Code § 62-11-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11. Fresh Pursuit|§62-11-4. "State" Includes District of Columbia

For the purpose of this article the word "state" shall include the District of Columbia.
WV Code § 62-11-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11. Fresh Pursuit|§62-11-5. &Quotfresh Pursuit" Defined

The term "fresh pursuit" as used in this article shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
WV Code § 62-11-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11. Fresh Pursuit|§62-11-6. Secretary of State to Certify Article

It shall be the duty of the Secretary of State (or other officer) to certify a copy of this article to the executive department of each of the states of the United States.
WV Code § 62-11-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11. Fresh Pursuit|§62-11-7. How Article Cited

This article may be cited as the "Uniform Act on Fresh Pursuit."
WV Code § 62-11A-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11A. Release for Work and Other Purposes|§62-11A-2. Employment by County

With the approval of the county sheriff, the county court of any county is hereby authorized to employ any person imprisoned upon conviction for a misdemeanor in a county jail to work within the county as the county court may decide. In such instance the wages to be paid to the prisoner shall be no less than $1 per hour. Such prisoners shall remain in the custody of and be supervised by said sheriff. No imprisoned person shall be required to work without his consent.
WV Code § 62-11A-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11A. Release for Work and Other Purposes|§62-11A-3. Personnel Status; Limitation on Liability of Public Officials and County and Community Service Work Agencies

(a) No person sentenced under any provision of this article shall be regarded as an employee of the sheriff, county commission or the county or community service work agency to which the person sentenced is assigned for any purpose, including, but not limited to, workers' compensation, civil service, unemployment compensation, public employees insurance or public employees retirement.(b) Neither the sheriff, the county commission or community service agency to which the person is assigned shall be liable for injury or damage to third parties intentionally committed by the person so sentenced or for any action on behalf of the person so sentenced except in the case of gross negligence on the part of the sheriff, county commission or community service agency or the supervisor of the person so sentenced: Provided, That nothing herein shall bar a claim by a third party for injury or damage resulting from the negligent act of the person so sentenced committed outside the confines of a county jail and within the scope of the work required by the alternative sentence.
WV Code § 62-11A-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11A. Release for Work and Other Purposes|§62-11A-4. Violations; Penalties

 (a) Any person lawfully confined in jail on conviction of one or more felonies, or on conviction of one or more felonies and one or more misdemeanors, who has been granted release for work or other purposes under section one-a of this article, and who fails to return to jail at the times designated in the release order with the intent to evade lawful detention, shall be guilty of an additional felony, and, upon conviction, may be confined in the penitentiary for not less than one nor more than five years.(b) Any person lawfully confined in jail on conviction of one or more misdemeanors, who has been granted release for work or other purposes under section one-a of this article, and who fails to return to jail at the times designated in the release order with the intent to evade lawful detention, shall be guilty of a misdemeanor and, upon conviction, may be confined in jail for up to one year.
WV Code § 62-11B-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11B. Home Incarceration Act|§62-11B-1. Short Title

This article may be cited as the "Home Incarceration Act."
WV Code § 62-11B-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11B. Home Incarceration Act|§62-11B-2. Applicability

This article applies to adult offenders and to juveniles who have committed a delinquent act that would be a crime if committed by an adult.
WV Code § 62-11B-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11B. Home Incarceration Act|§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.
WV Code § 62-11B-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|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 twenty-seven, article five, chapter twenty-eight 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.
WV Code § 62-11B-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11B. Home Incarceration Act|§62-11B-6. Circumstances Under Which Home Incarceration May Not Be Ordered; Exceptions

(a) A circuit court or magistrate may not order home incarceration for an offender unless the offender agrees to abide by all of the requirements set forth in the court's order issued under this article.(b) A circuit court or magistrate may not order home incarceration for an offender who is being held under a detainer, warrant or process issued by a court of another jurisdiction.(c) A magistrate may not order home incarceration for an offender unless electronic monitoring is available and only if the county of the offender's home has an established program of electronic monitoring that is equipped, operated and staffed by the county supervisor or sheriff for the purpose of supervising participants in a home incarceration program: 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.(d) A magistrate may only order home incarceration for an offender convicted of a crime of violence against the person if the offender does not occupy the same home as the victim of the crime.(e) Home incarceration is not available as a sentence if the language of a criminal statute expressly prohibits its application.(f) Notwithstanding the provisions of subsection (c) of this section, a magistrate may order home incarceration through the imposition of supervision or participation in a community corrections program created pursuant to article eleven-c, chapter sixty-two of this code.
WV Code § 62-11B-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11B. Home Incarceration Act|§62-11B-7. Home Incarceration Fees; Special Fund

All home incarceration fees ordered by the circuit court or a magistrate pursuant to subdivision (7), section five of this article are to be paid to the county sheriff. The county sheriff is to establish a special fund designated the home incarceration services fund, in which the sheriff is to deposit all home incarceration fees collected pursuant to this section. The county commission shall appropriate money from the fund to administer a home incarceration program, including the purchase of electronic monitoring devices and other supervision expenses, and may as necessary supplement the fund with additional appropriations. The county commission may also appropriate any excess money from the fund to defray the costs of housing county inmates or for community corrections programs, if the sheriff or other person designated to administer the fund certifies in writing to the county commission that a surplus exists in the fund at the end of the fiscal year.
WV Code § 62-11B-7a (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11B. Home Incarceration Act|§62-11B-7a. Employment by County Commission of Home Incarceration Supervisors; Authority of Supervisors

The county commission may employ one or more persons with the approval of the circuit court and who shall be subject to the supervision of the sheriff as a home incarceration supervisor or may designate the county sheriff to supervise offenders ordered to undergo home incarceration and to administer the county's home incarceration program. Any person so supervising shall have authority, equivalent to that granted to a probation officer pursuant to section ten, article twelve of this chapter, to arrest a home incarceration participant when reasonable cause exists to believe that such participant has violated the conditions of his or her home incarceration. Unless otherwise specified, the use of the term "supervisor" in this article shall refer to a home incarceration supervisor.