State v. Hughes
In State v. Hughes, 197 W. Va. 518, 476 S.E.2d 189 (1996), the Court addressed the issue of whether a defendant was entitled to receive credit against his sentence for time served upon home confinement as a condition of bail pending trial.
The Court also explained the difference between home confinement pursuant to the Act and home confinement as a condition of pre-trial bail.
The Court noted that in order for a person to be eligible for credit for time served toward a sentence subsequently imposed, and the person must be an offender within the meaning of the statute. See 197 W. Va. at 528, 476 S.E.2d at 199.
Further, the Court inferred that the order allowing for home incarceration must contain the numerous mandatory restrictive burdens enumerated within the Act so that the intent of the circuit court in granting home confinement pursuant to the provisions of the Act is clear. Id .
The Court ultimately held in syllabus points three and four of Hughes that:
Due to the penal nature of the Home Confinement Act, West Virginia Code 62-11B-1 to -12 (1993), when a circuit court, in its discretion, orders an offender confined to his home as a condition of bail, the offender must be an adult convicted of a crime punishable by imprisonment or detention in a county jail or state penitentiary or a juvenile adjudicated guilty 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.
When a person who has been arrested, but not yet convicted of a crime, is admitted to pre-trial bail with the condition that he be restricted to home confinement pursuant to West Virginia Code 62-1C-2(c) (1992), the home confinement restriction is not considered the same as actual confinement in a jail, nor is it considered the same as home confinement under the Home Confinement Act, West Virginia Code 62-11B-1 to -12 (1993). Therefore, the time spent in home confinement when it is a condition of bail under West Virginia Code 62-1C-2(c) does not count as credit toward a sentence subsequently imposed.
(197 W. Va. at 520-21, 476 S.E.2d at 191-92, Syl. Pts. 3 and 4.)