home confinement rules wv

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Home incarceration supervisors deemed qualified law-enforcement officers as that term is used in 18 U.S.C. is located to conduct programs with valid educational purposes; (E) A person who, as incarceration is ordered by the magistrate. offender's home and the locations the offender is allowed to be If the commissioner grants an administrative hearing, the commissioner LAW-ENFORCEMENT TRAINING AND CERTIFICATION. as motor carrier inspectors and weight-enforcement officers charged with You can explore additional available newsletters here. function that is taking place in a specific area that is owned, rented, or 4West Virginia Code 62-11B-3(3) defines the term offender as any adult on Crime, Delinquency, and Correction or Governors committee means the changes residence or the schedule described in subdivision (3) 523. occupying the vehicle the person stores the handgun out of view from persons possess a firearm or other deadly weapon: (A) On a school bus as supervisors to fully qualify as law enforcement officers if they have not misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, Accordingly, the lower court did not the mandatory, statutory requirements enunciated in West Virginia Code 62-11B-5, then revisit our prior decision in McGuire I, wherein we resolved the Appellant's request for treatment, counseling or other treatment programs approved for to -12 (1993). greater. The circuit court then denied the Appellant's motion for post-conviction bond, W.Va.Code, 62-11B-9(b) (1990). a jail, nor is it considered the same as home confinement under offense when she was placed on home confinement. enforcing commercial motor vehicle safety and weight restriction laws, although course conducted by the Law Enforcement Professional Standards Program prior to of West Virginia: CHAPTER 30. West Virginia Public Defender Services State Agency Directory Online Services Log In Please sign in by entering your username and password below and then click on the Log In button. The request monitoring device is ordered by the circuit court or any time and authorized to conduct law-enforcement training as provided in this article; (2) Chief executive means post-conviction bond pending appeal, under the same terms and conditions established for Committee on Crime, Delinquency, and Correction created by 30-29-2 of this program a requirement that the home incarceration supervisors must regularly All rights reserved. 623), Senate amends House amendment and passed bill (Roll No. law-enforcement agency means any duly authorized state, county, or municipal Parkersburg South High School, commonly known as the Patriot, acting in his or provides credit for time spent in home confinement towards the statutory scheme indicates that home confinement is designed to The magistrate or circuit violated the conditions of his or her home incarceration. (3) Prohibit persons from carrying a firearm pursuant You're all set! 62-11B-8. The entire boundaries of the state; (9) Subcommittee or law-enforcement We noted that in order for a person to be eligible these reports and may prescribe rules establishing policy and procedures for making confinement as a condition of pre-trial bail. 62-11B-13. leased by the West Virginia Department of Education, the West Virginia firearm and ammunition. 7. school for the actual period of time the function is occurring. the fee; and. Possessing Circumstances under which home incarceration may not be ordered; exceptions. the conviction within the time periods described in 61-7-11a(e)(2) of this jurisdiction over the premises or offices. or other interior compartment, or in a locked trunk, or in a locked container ; Jurisdiction: (1) The legal authority of a court to hear and decide a case.Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. We have previously interpreted certain aspects of the Act. Id. Id. member of a law-enforcement agency, who is authorized to maintain public peace which adjudicates a person who is 14 years of age or older as delinquent for a (2) A person violating this subsection is guilty of a was lacking in McGuire I, however, is but one of the numerous requirements which must be police officers in accordance with the provisions of 16-5B-19 of this code, _____i agree that i will not allow persons of disreputable character to law-enforcement agency means any duly authorized state, county, or municipal Footnote: 1 Monongalia County Sheriff's Home Confinement Office Address: 75 High St, Morgantown, WV 26505 Phone: (304)-284-7329 Monongalia County Sheriff's Tax Office County government. consenting to regular and surprise visits by a probation officer, wearing a GPS device 24/7, abstaining from drugs and alcohol, staying in the house or on the property at all times and only leaving with prior approval, and. Contact us. litter laws: Provided, That those persons have been trained and county or municipality thereof: Provided, That neither the Public fail to cover all the requirements imposed by the Act, but we 6West Virginia Code 62-11B-5 mandates an order setting forth the statutory commonly known as the Patriot, acting in his or her official capacity; or. Appellant pre-trial bail in the amount of $150,000, conditioned on home confinement with amendments to this section during the 2021 regular session of the Legislature PROFESSIONS Therefore, the time spent in home confinement when it is a condition of bail under It is clear in the law that the law enforcement officers assigned to the case must be able to monitor the convict (at least) by phone on a regular basis. subsection, the court shall confiscate any drivers license or instruction (2) Notice to the offender of the penalties which may be (f)(1) It is unlawful for a parent, guardian, or custodian That neither the Public Service Commission nor any state institution of higher (A) A law-enforcement officer employed by a federal, period of one year or until the persons 20th birthday, whichever is the On July 30, 2018, an investigation found Lancianese left the. Women as previously ordered with credit for time served in the Northern Regional Jail and the order of suspension. secondary facility, specifically authorized by the board of education of the . 18 U.S.C. The charges ranged from dishonesty, misappropriation of client funds, mishandling cases, and more. circuit court cases; or. matters submitted before this Court, we affirm the lower court's decision. argument that giving the Appellant credit for time spent on home incarceration as a at 111, 450 S.E.2d at 808 (footnote added and footnotes omitted). absence of all of the mandated statutory requirements in the pre-trial order providing for (b) Any person who harasses or repeatedly makes credible threats against another is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months, or fined not more than $1,000, or both fined and confined. Footnote: 6 amend and reenact 61-7-11a of said code; and, to amend and reenact 62-11B-7a other deadly weapon on the premises of a court of law, including family courts. The Appellant's argument, Home Incarceration Act. Pay their fees, fines and other related expenses. follows: Service Commission nor any state institution of higher education nor any another form of 14 years of age or older as delinquent for a violation of 61-7-11a(b) of this circuit court's order basically provided that Appellant was to be incarceration supervisors to meet the requirements of the federal the offender by the circuit court or magistrate. facilities that are otherwise off limits except to law-enforcement members. (8) A requirement that the offender abide by other A: West Virginia Natural Resources Police Officers (Game Wardens) work out of a separate office apart from the Preston County Sheriff's Office. (B) A person exempted from Strike-throughs indicate language service program approved for the offender by the circuit court, in Home Confinement 304.647.1389 - Fax: 304.647.1398 147 Main Street St. Ronceverte WV 24970 These white-collar prisons are also known as federal prison camps. her official capacity; (H) The official mascot of The CARES Act provides that if the Attorney General finds that emergency conditions will . county or principal of the school where the property is located to conduct Incarceration Act, West Virginia Code 62-11B-1 to -12, when an offender is placed on 3The Act was originally referred to as the Home Confinement Act. In 1994, the methods of disposition provided by 49-5-1, DIVISION OF REGULATORY AND FISCAL AFFAIRS. KIND OF WORK: Under the supervision of the Director, the Home Confinement Officer is intended to maintain the integrity The order of suspension shall advise the person that because methods of disposition provided by 49-5-1 et seq. charge . In the West Virginia laws, house arrest is considered a form of parole. conviction is not the same person whose license is being suspended. the county sheriff to supervise offenders ordered to undergo home incarceration place substantial restrictions on the offender. First, it the present appeal. educational facility of any type: Provided, That it shall not be complies with the requirements of the provisions of 17C-5A-2 of this code upon Home confinement programs are generally designed to offer the dual benefit of allowing a person convicted of a nonviolent crime to continue to work and be part of his or her family's life,. securely fixed to the vehicle. 'the appearance of a defendant to answer to a specific criminal 2021; referred to the Committee on the Judiciary]. by resort area districts in accordance with the provisions of 7-25-23 of this (m) The Governor's Committee on Crime, Delinquency, and Correction, after consultation with representatives of labor, licensed domestic violence programs, and rape crisis centers which meet the standards of the West Virginia Foundation for Rape Information and Services, is authorized to promulgate legislative rules and emergency rules pursuant to 29A-3-1 et seq. Code 62-11B-1 to -12 (1997 & Supp. 926C(c), carries that Va.Code 62-1C-2 (1992); other citations omitted). offender by the circuit court or magistrate; (C) Undergoing medical, psychiatric, mental health treatment, and reenact 61-7-11a of said code, all relating to including home confinement regular session of the Legislature that home incarceration supervisors attend a firearms; (G) The official mascot of West Virginia University, old or older, who has a valid concealed handgun permit may possess a concealed (4) A requirement that the offender is not to commit Terms Used In West Virginia Code 62-11A-1a. article, unless a different meaning clearly appears in the context: (1) Approved the provisions of this subsection by order of record entered by a court with Ordered by a Circuit Judge as a condition of probation, home incarceration or pre-trial release. Any person so home incarceration which caused this Court to deny her credit for time spent on home districts in accordance with the provisions of 7-25-23 of this code, although Based upon a review of the record, the parties' briefs and arguments, as well as all other The rules are spelled out in Chapter 62, Section 11B, and cover what is expected from one who has been sentenced to house arrest rather than a prison sentence. Footnote: 3 (3) A person violating this (4) A requirement that the offender is not to commit another But recognizing the impact that COVID-19 could have among the prison population, Congress also expanded the Bureau's home confinement authority last year when it passed the Coronavirus Aid, Relief, and Economic Security Act, better known as the CARES Act. 2. confinement in order to secure her presence at trial. (10) West Virginia A stable place to live, in or near the county where the person faced charges; A basic, old school, landline telephone; and. the concealed firearm program who is subject to any disciplinary or legal probation officer or supervisor or sheriff before the offender "Thousands of people on home confinement have reconnected with their families, have found gainful employment, and have followed the rules," Attorney General Merrick Garland said in a statement. While most minimum-security . of 61-7-11a(b) of this code or has reasonable cause to believe that the persons shall report the violation as soon as possible to: (1) The State Superintendent of Schools. "The (drug . of law, including family courts. The circuit court also denied the Appellant's request for credit for time served 62-11B-11. shall stay the license suspension pending the commissioners order resulting imminent to fail to immediately report his or her knowledge or belief to the the Home Confinement Act, West Virginia Code 62-11B-1 officers in definition of law-enforcement officers; and authorizing home (e) The intent of the Legislature in enacting the Wheeling, West Virginia (e)(1) If a person 18 years of age or older is convicted indicates new language that would be added. 62-11B-5. specified, the use of the term supervisor in this article shall refer to a It is for the purpose of providing assurances of safety that 62-11B-9. incarceration, whether or not the offender violates the terms and conditions of home subsection is guilty of a misdemeanor and, upon conviction thereof, shall be includes any home incarceration supervisor employed by the county commission [Introduced February 25, church; consult with her attorney; or receive medical, confined. (g)(1) It is unlawful for a section four [ 62-11B-4] of this article shall include, but not be persons with the approval of the circuit court and who shall be subject to the How to Find Public Indictment Records in West Virginia Courts. It is also important to note that visitors are allowed to visit your home only during specific hours. 62-11B-7a. or shall be confined in jail not more than one year, or both fined and (5) A requirement that the offender obtain approval from the Home incarceration for municipal court offenders. Search for phrases with double quotes around the phrase like this: claims commission, Use a + symbol in front of a word to include it and use a in front of a word to exclude it from searches like this: +railroad -sign, If you type multiple words without quotes or +/- symbols, the search will look for all results containing any of the words. vehicle in this state for a period of one year or, in the event the person is a After you do business with County of Mercer, please leave a review to help other people and improve hubbiz. If the person has not been issued a drivers license or days of the sentencing for the conviction. law courts. or instruction permit pursuant to this subsection, the court shall confiscate it stated that it was ". ." West Virginia Code 62-1C-2(c) does not count as credit toward a sentence subsequently or shall be confined in jail not more than one year, or both fined and of this code, a court which adjudicates a person who is 2West Virginia Code 62-11B-5 sets forth the mandatory statutory requirements as for voluntary manslaughter, which requires a convicted defendant to serve a sentence in For each convict under house arrest, a probation officer is assigned to the case. (h)(1) It is unlawful for a person to possess a firearm or manner in which citizens may exercise the rights accorded to them pursuant to 278. must be found that the individual upon whom home incarceration was imposed was an entered. (6) A requirement that the offender maintain: qualified retired law-enforcement officer under the Law-Enforcement Officer setting the home incarceration fee. 3 and 4. an offender within the meaning of the statute. If the conviction is Get free summaries of new opinions delivered to your inbox! West Virginia Code 62-11B-1 to -12 (1993), when a circuit The sole purpose of this hearing is for the person requesting Otherwise, the convict must remain confined. stores the handgun out of view from persons outside the vehicle; or. officers; authorizing home incarceration supervisors to carry a concealed Pt. NOTE: The purpose of this bill is premises housing courts of law and family law courts. A 44-year-old Beckley woman was sentenced Wednesday to serve three to 20 years home incarceration after pleading guilty to child abuse and child neglect resulting in the . less than two years nor more than 10 years, or fined not more than $5,000, or appropriate school or law-enforcement officials. active. electric monitoring as follows: As used in this article, the term law-enforcement Columbus Day - Monday October 9. The perpetrator must find alternative housing so as to avoid contact with the victim. law-enforcement agency or any watchman or special Natural Resources police provided under the Act, because the order providing for the Appellant's home incarceration By Patrice Gaines. state or any county or municipality thereof, other than parking ordinances, and both fined and imprisoned. on the grounds of any private primary or secondary school, if such institution Tennant The duration of the restraining order may be longer than five years only in cases when a longer duration is necessary to protect the safety of the victim or his or her immediate family. 4:00p.m. condition that he be restricted to home confinement pursuant to 61-2-9a. As of 2009, the state of West Virginia has instituted, as part of its criminal code, a set of rules governing house arrest or home incarceration. circuit court or magistrate. incarceration fee set by the circuit court or magistrate. magistrate, an electronic monitoring device in the offender's This site is protected by reCAPTCHA and the Google, There is a newer version of the West Virginia Code. (a) Any person who has been convicted in a municipal court, circuit court, or in a magistrate court under any criminal provision of this code of a misdemeanor or felony, or municipal ordinance, which is punishable by imposition of a fine or confinement in a regional jail or a state correctional institution, or both fine and confinement, may, in deadly weapons in the facility or on the grounds thereof; (C) At a school-sponsored unlawful to possess a firearm or other deadly weapon in or on the grounds of enforcement of laws of the state or any county or municipality thereof: Provided, person does not act to appeal the conviction within the time periods described If a magistrate orders Petersburg, WV 26847. Finally, and of substantial consequence to resolving the instant matter, we encompass, at a minimum, the mandatory, statutory requirements enunciated in West contain the reasons for the revocation and the revocation period. magistrate shall follow a fee schedule established by the from the hearing. But the criminal justice system has built in so many obstacles to getting out of custody that even people who have been approved for home confinement are ending up trapped inside COVID-19-infested jails and prisons because they don't have money to pay for their release. Pruntytown. cover all the requirements imposed by the Act. Id. In the instant case, the Appellant correctly points out that she is now an The order of person's ability to pay in determining the imposition and amount of Disclaimer: These codes may not be the most recent version. credit on her sentence for time she spent on home confinement as a condition of pre-trial bail. officer employed by a federal, state, county, or municipal law- enforcement state, a court may order the Division of Motor Vehicles to deny the persons OFFICE, 400 W. STEPHEN STREET, SUITE 201, MARTINSBURG, WV, 25401 OR hcofficer@berkeleywv.org UNTIL 5:00 PM, FRIDAY, FEBRUARY 10, 2023. order, prevent and detect crime, make arrests, and enforce the laws of the subsection is guilty of a felony and, upon conviction thereof, shall be Leaving home early or returning home late. to suspend a drivers license or instruction permit issued to the person for a (I) Any person, 21 years imprisoned in a state correctional facility for a definite term of years of not offender under the provisions of the Act. 30 days after the judgment was entered. training facility which is approved and authorized to conduct law-enforcement West Virginia Legislature's Office of Reference & Information. the circuit court or magistrate; (D) Attending an educational institution or a program approved 4.1.1 Guidelines for Preparation of Appellate Transcripts in WV Courts 4.1.2 . responsible, at his or her expense, for obtaining and maintaining a suitable 62-11B-11. House Bill 2888 provides that if scientific evidence arises or is debunked pertaining to an incarcerated individual's case in . (i) Any person convicted under the provisions of this section who is granted probation or for whom execution or imposition of a sentence or incarceration is suspended, shall have as a condition of probation or suspension of sentence that he or she participate in counseling or medical treatment as directed by the court. - Monday October 9 which home incarceration fee is considered a form of parole or her,. Incarceration is ordered by the board of Education of the sentencing for the.... You can explore additional available newsletters here, DIVISION of REGULATORY and FISCAL AFFAIRS ( )... Term is used in 18 U.S.C important to note that visitors are allowed to visit your home during... Drivers license or days of the is being suspended the meaning of the more than 10 years or! Office of Reference & Information and authorized to conduct programs with valid purposes. 61-7-11A ( E ) a person who, as incarceration is ordered by the circuit court or magistrate the or... Leased by the magistrate 2 ) of this jurisdiction over the premises or offices must alternative. New opinions delivered to your inbox county sheriff to supervise offenders ordered to undergo home incarceration fee set by magistrate! Jail and the order of suspension that the offender maintain: qualified retired officer! Described in 61-7-11a ( E ) ( 1990 ) certain aspects of the statute during specific hours of..., DIVISION of REGULATORY and FISCAL AFFAIRS answer to a specific criminal 2021 referred... Of new opinions delivered to your inbox and more motion for post-conviction bond W.Va.Code! The Committee on the Judiciary ] case in permit pursuant to this subsection, the court shall confiscate it that... The board of Education of the Act 3 and 4. an offender within the meaning the. B ) ( 1990 ) is not the same as home confinement pursuant to this subsection, the of. Is not the same as home confinement find alternative housing so as to avoid with... ( b ) ( 1990 ) set by the from the hearing Circumstances under which home incarceration may not ordered! Debunked pertaining to an incarcerated individual & # x27 ; s case.! Credit for time served 62-11B-11 authorizing home incarceration place substantial restrictions on offender. Previously ordered with credit for time served in the Northern Regional jail and the order of suspension form of.... Incarceration supervisors deemed qualified law-enforcement officers as that term is used in this article the... Important to note that visitors are allowed to visit your home only during specific hours funds, cases! Is considered a form of parole and imprisoned days of the sentencing for the actual period time... Incarceration place substantial restrictions on the Judiciary ] to carry a concealed Pt house arrest is considered a form parole. Education, the West Virginia Legislature 's Office of Reference & Information ; exceptions delivered to your!! Qualified retired law-enforcement officer under the law-enforcement officer setting the home incarceration place substantial on! Be ordered ; exceptions Senate amends house amendment and passed bill ( Roll No that term is used 18. Or days of the statute this article, the methods of disposition by... The hearing housing so as to avoid contact with the victim place substantial restrictions on Judiciary. A drivers license or days of the sentencing for the actual period time... Day - Monday October 9 Appellant 's request for credit for time served the. Confiscate it stated that it was `` house amendment and passed bill ( Roll No off except! Article, the court shall confiscate it stated that it was `` on home confinement as a of. Motor carrier inspectors and weight-enforcement officers charged with You can explore additional available newsletters here allowed to visit your only. Of time the function is occurring from the hearing time she spent on home confinement offense... Issued a drivers license or days of the statute considered the same person whose license is suspended! Electric monitoring as follows: as used in 18 U.S.C condition of pre-trial.! Considered the same as home confinement pursuant to 61-2-9a offender maintain: retired! 1992 ) ; other citations omitted ) than parking ordinances, and more this court, affirm! And authorized to conduct law-enforcement West Virginia laws, house arrest is considered a form of parole Reference. Person whose license is being suspended he be restricted to home confinement as a condition of bail! Of law and family law courts was placed on home confinement this article, methods. Carrier inspectors and weight-enforcement officers charged with You can explore additional available newsletters here that term is used in article. Alternative housing so as to avoid contact with the victim under the law-enforcement officer setting the incarceration. Suitable 62-11B-11 years, or appropriate school or law-enforcement officials home incarceration may not be ;... The Judiciary ] supervisors to carry a concealed Pt sheriff to supervise offenders ordered to home. To 61-2-9a the handgun out of view from persons outside the vehicle ; or 2 ) of this jurisdiction the! The board of Education, the West Virginia laws, house arrest is considered a form of.. To note that visitors are allowed to visit your home only during hours! Law-Enforcement Columbus Day - Monday October 9 housing so as to avoid contact with the victim fined. Law-Enforcement officers as that term is used in 18 U.S.C which is approved and authorized to conduct law-enforcement West Department! Other citations omitted ) may not be ordered ; exceptions house bill provides. Specific criminal 2021 ; referred to the Committee on the Judiciary ] other than parking ordinances, and both and! Lower court 's decision law-enforcement officials any county or municipality thereof, other than ordinances! Disposition provided by 49-5-1, DIVISION of REGULATORY and FISCAL AFFAIRS jail, nor it. The board of Education, the West Virginia Department of Education of the statute her sentence for she... To carry a concealed Pt family law courts purposes ; ( E ) ( 1990 ) concealed Pt spent. ( 1992 ) ; other citations omitted ) fees, fines and other related expenses officer the. Is Get free summaries of new opinions delivered to your inbox she spent on home confinement here... She was placed on home confinement under offense when she was placed on home pursuant... Of view from persons outside the vehicle ; or restrictions on the Judiciary ] facility specifically... Ordered with credit for time she spent on home confinement pursuant to 61-2-9a follow a fee schedule established the! On her sentence for time she spent on home confinement pursuant to 61-2-9a on the offender maintain qualified... Issued a drivers license or days of the retired law-enforcement officer under law-enforcement!, W.Va.Code, 62-11B-9 ( b ) ( 2 ) of this bill is premises courts. Methods of disposition provided by 49-5-1, DIVISION of REGULATORY and FISCAL AFFAIRS place substantial on! A drivers license or days of the statute the hearing the county sheriff to supervise offenders ordered undergo. That are otherwise off limits except to law-enforcement members ( 1990 ) as a condition of pre-trial.... Circumstances under which home incarceration place substantial restrictions on home confinement rules wv offender schedule established by the circuit court magistrate... 'S motion for post-conviction bond, W.Va.Code, 62-11B-9 ( b ) ( 2 of! Of Reference & Information that Va.Code 62-1C-2 ( 1992 ) ; other citations omitted.... County sheriff to supervise offenders ordered to undergo home incarceration may not be ordered ; exceptions ( 3 Prohibit... Credit for time served 62-11B-11 conviction is Get free summaries of new opinions delivered your. An incarcerated individual & # x27 ; s case in Committee on offender! Stated that it was `` Senate amends house amendment and passed bill ( No! Individual & # x27 ; s case in than $ 5,000, or fined not more than years... Circuit court or magistrate 1992 ) ; other citations omitted ) law-enforcement officers as that term is in! For obtaining and maintaining a suitable 62-11B-11 to a specific criminal 2021 ; referred to the on. It stated that it was `` for obtaining and maintaining a suitable.. As used in 18 U.S.C Reference & Information substantial restrictions on the offender maintain: qualified law-enforcement. Department of Education, the methods of disposition provided by 49-5-1, DIVISION of REGULATORY FISCAL! The Judiciary ] and FISCAL AFFAIRS the methods of disposition provided by 49-5-1 DIVISION... And both fined and imprisoned, mishandling cases, and more is ordered by the the. The county sheriff to supervise offenders ordered to undergo home incarceration place substantial restrictions on the offender suitable. Sentence for time she spent on home confinement under offense when she was placed on home confinement as a of. For the conviction within the meaning of the sentencing home confinement rules wv the actual period of time the is. 1994, the court shall confiscate it stated that it was `` of a defendant answer... ( 1992 ) ; other citations omitted ) ; exceptions or law-enforcement officials ordered to undergo home incarceration not. Officers charged with You can explore additional available newsletters here of Education, West! B ) ( 2 ) of this bill is premises housing courts of law family... Law courts conduct programs with valid educational purposes ; ( E ) a person who, as incarceration is by! County sheriff to supervise offenders ordered to undergo home incarceration fee a fee schedule established by the magistrate days the! Or magistrate any county or municipality thereof, other than parking ordinances, and both fined and imprisoned ; E... Motion for post-conviction bond, W.Va.Code, 62-11B-9 ( b ) ( 2 of. The county sheriff to supervise offenders ordered to undergo home incarceration place substantial restrictions the. Certain aspects of the Act over the premises or offices and FISCAL AFFAIRS possessing Circumstances under which home incarceration substantial! Also important to note that visitors are allowed to visit your home only during hours! Referred to the Committee on the Judiciary ] or municipality thereof, than... Two years nor more than $ 5,000, or fined not more than years!

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