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WV Code § 62-6B-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6B. Protection and Preservation of Statements and Testimony of Child Witness|§62-6B-5. Memorialization of Statements of Certain Child Witnesses; Admissibility; Hearing

(a) After the effective date of this section, whenever any law-enforcement officer, physician, psychologist, social worker, or investigator, in the course of his or her employment or profession or while engaged in an active criminal investigation as a law-enforcement officer or an agent of a prosecuting attorney, obtains a statement from a child 13 years of age or younger who is an alleged victim in an investigation or prosecution alleging a violation of the provisions of §61-8B-3, §61-8B-4, §61-8B-5, or §61-8B-7 of this code, he or she shall immediately make a contemporaneous written notation and recitation of the statement received or obtained. An audio recording or video recording with sound capability of the statement may be used in lieu of the written recitation required by the provisions of this section. Failure to comply with the provisions of this section creates a presumption that the statement is inadmissible. The statement may be admitted if, after a hearing on the matter, the court finds by clear and convincing evidence that the failure to comply with the provisions of this section was a good faith omission and that the content of the proffered statement is an accurate recital of the information provided by the child and is otherwise admissible.(b) The provisions of this section shall not apply to:(1) Medical personnel and other persons performing a forensic medical examination of a child who is an alleged victim; and(2) Prosecuting attorneys when counseling with a child in preparation for eliciting the child’s testimony in court.
WV Code § 62-6B-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 6B. Protection and Preservation of Statements and Testimony of Child Witness|§62-6B-6. Confidentiality of Recorded Interviews of Children

(a) Except as provided by the provisions of this article, recorded interviews of an interviewed child in any judicial or administrative proceeding shall not be published or duplicated except pursuant to the terms of an order of a court of competent jurisdiction. All written documentation in any form that is related to the recorded interview shall also be deemed confidential. (b) Prior to the commencement of formal proceedings as contemplated in subsection (a) of this section, the persons or agencies listed in subdivision (6),section two of this article shall be entitled to access to or copies of the recorded interview of an interviewed child: Provided, That such persons or agencies may provide access to the recorded interview of a child to a legal parent, guardian or custodian of such child when: (1) Such parent, guardian or custodian is not alleged to have been involved or engaged in conduct that may give rise to a judicial or administrative proceeding; and (2) it would not undermine or frustrate an ongoing investigation: Provided, however, That prior to the commencement of formal proceedings only psychologists, psychiatrists, physicians, nurses and social workers who are providing services to the interviewed child may be afforded reasonable access to the recorded interview.(c) The Supreme Court of Appeals is requested to promulgate a rule or rules regulating in the courts of this state the publication and duplication of recorded interviews, including use, duplication and publication by counsel, and to include in any such rule limitations upon the publication, duplication, distribution or use of the recorded statements of a child. (d) Any person who knowingly and willfully duplicates or publishes a recorded interview in violation of the terms of an order entered by a court of competent jurisdiction or in violation of the provisions of subsection (b) of this section shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail for not less than ten days nor more than one year or fined not less than $2,000 nor more than $10,000, or both fined and confined.
WV Code § 62-7-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 7. Execution of Sentences; Stays|§62-7-1. Stay of Proceedings

Upon the application of any person entitled, under the provisions of article four, chapter fifty-eight of this code, to an appeal or writ of error from a judgment in a prosecution for any offense or crime, the criminal court, intermediate court or other court of record of limited jurisdiction, or the judge of such court in vacation, shall make an order postponing the execution of the sentence for a reasonable time within which to prepare and present bills of exceptions to the trial court and until a reasonable time beyond the first day of the next regular term of the circuit court of the county.Upon the application of any person entitled, under the provisions of article five, chapter fifty-eight of this code, to an appeal or writ of error from the judgment a circuit court convicting him of any offense or crime, the circuit court or the judge thereof in vacation, shall make an order postponing the execution of the sentence for a reasonable time to enable him to prepare and present bills of exceptions and to secure a transcript of the evidence before the court at the trial, and until a reasonable time beyond the first day of the next term of the Supreme Court of Appeals.
WV Code § 62-7-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 7. Execution of Sentences; Stays|§62-7-2. Period of Stay When Writ of Error Awarded

A writ of error, awarded under the provisions of article five, chapter fifty-eight of this code to any judgment of a circuit court referred to in the preceding section, shall operate as a stay of proceedings in the case until the decision of the Supreme Court of Appeals therein. A writ of error awarded under the provisions of article four, chapter fifty-eight of this code, to any judgment of a court of record of limited jurisdiction, by a circuit court or the judge thereof, shall operate as a stay of proceedings in the case until the decision of the circuit court therein.
WV Code § 62-7-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 7. Execution of Sentences; Stays|§62-7-7. Removal of Convicts to Penitentiary -- Generally

Every person sentenced to confinement in the penitentiary shall remain in the custody of the proper officer of the court pronouncing such sentence until he be delivered to a guard sent and duly authorized by the warden of the penitentiary for the removal of such person to the penitentiary. If such officer fail to make such delivery upon the request of such court, he shall forfeit $100. The warden of the penitentiary shall, so far as consistent with the safe conveyance of prisoners to the penitentiary, cause as many prisoners from the same or several counties to be removed to the penitentiary at the same time, and to that end shall send with the guard authorized to receive such prisoners as many additional guards as are necessary for the purpose, having due regard to economy as well as to the safe conveyance of the prisoners. If in the judgment of the officer of the court pronouncing sentence any facts exist making proper the employment of more guards than usual, he shall bring such facts to the attention of the warden of the penitentiary. The necessary expenses of every such prisoner or convict during his removal to the penitentiary, as well as the necessary expenses of the guard sent for that purpose, shall be paid by the Auditor out of the funds appropriated for criminal charges.
WV Code § 62-7-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 7. Execution of Sentences; Stays|§62-7-8. Same -- Prevention of Rescue or Escape; Additional Guards

If on the way to the penitentiary or other place, in consequence of an attempt made, or reasonably apprehended, to rescue the prisoner, or in consequence of any other unforeseen danger, the guard to whom such prisoner was delivered is satisfied that more guards than accompanying him are necessary, he may summon such additional guards as are necessary, whose expenses shall be paid as provided for in section seven of this article.
WV Code § 62-7-9 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 7. Execution of Sentences; Stays|§62-7-9. Same -- Immunity of Guards From Arrest

All guards while proceeding to the place where a prisoner is confined for the purpose of removing him to the penitentiary or other place, and while engaged in such removal, shall be privileged from arrest except for felony and, breach of the peace, such privilege to cover one day for each two hundred miles traveled by railroad and one day for each fifty miles traveled by other conveyances.
WV Code § 62-7-10 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 7. Execution of Sentences; Stays|§62-7-10. Prison Commitment Order

The clerk of a circuit court in which a person is sentenced to serve a period of incarceration in a state prison shall transmit to the Commissioner of the Division of Corrections and Rehabilitation a certified commitment order in the form provided for in this section. A person may not be committed to a prison unless the commitment order is signed by the circuit judge with jurisdiction over the matter. The amendments to this section enacted during the 2019 regular session of the Legislature are effective July 1, 2019. IN THE CIRCUIT COURT OF ____________________COUNTY, WEST VIRGINIAState of West Virginiav.circuit court Case No.___________________Defendant: ______________________________DOB: ________________ SSN: XXX-XX-______ Gender: _____Male/______FemaleWEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED PRISON COMMITMENT ORDEROn the ______day of __________________, 20___, the State of West Virginia, by _____________________________________, and the defendant appeared in person and with counsel,________________________________________________. The defendant has been convicted of the following offense(s):_____________________________________________________________________The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of:___________________________________________________________________________. Conviction Date: _______________ Sentence Date: __________________Effective Sentence Date: _____________ Resentence Date: _____________________ Consecutive to: ____ Concurrent with:______________________________________________________________________Credit for Jail/Prison Time Served: ______days Credit for Home Incarceration: ______daysCredit for Home Incarceration Parole: ______days Other NonPenal Credit: ________daysAdditionally, the court finds: ______________________________________________________________________The defendant shall be transported to and held in a facility under the control of the Commissioner of the Division of Corrections and Rehabilitation. The court further orders that the cost of incarceration in the jail pending transfer shall be paid by the Commissioner consistent with the provisions of §15A-3-16 of this code.Special Instructions: ___________________________________________________________It is further ordered that the Circuit Clerk shall immediately transmit a certified copy of this commitment order to the Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).Enter this _____day of __________, 2____.___________________________________Circuit Judge
WV Code § 62-7-10a (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 7. Execution of Sentences; Stays|§62-7-10a. Jail Commitment Order

The clerk of a circuit court or magistrate court in which a person is sentenced to serve a period of incarceration in a jail facility under the control of the Commissioner of Corrections and Rehabilitation shall transmit to the Commissioner of the Division of Corrections and Rehabilitation a certified commitment order in the form provided for in this section. A person may not be committed to a jail unless the commitment order is signed by the circuit court judge or magistrate with jurisdiction over the matter. The amendments to this section enacted during the 2019 regular session of the Legislature are effective on July 1, 2019.IN THE CIRCUIT/MAGISTRATE COURT OF ____________________COUNTY, WEST VIRGINIAState of West Virginiav.circuit/magistrate court Case No.___________________Defendant: ______________________________DOB: ________________ SSN: XXX-XX-______ Gender: _____Male/______FemaleWEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED JAIL COMMITMENT ORDEROn the ______day of __________________, 20___, the State of West Virginia, by _____________________________________, and the defendant appeared in person and with counsel,________________________________________________. The defendant has been convicted of the following offense(s):_____________________________________________________________________The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of:__________________________________________________________________________. Conviction Date: _______________ Sentence Date: __________________Effective Sentence Date: _____________ Resentence Date: _____________________ Consecutive to: ____ Concurrent with:______________________________________________________________________Credit for Time Served: ______days Credit for Home Incarceration: ______daysCredit for Home Incarceration Parole: ______days Other NonPenal Credit: ________daysAdditionally, the court finds: ______________________________________________________________________The defendant shall be transported to and held in a jail facility for the prescribed period of confinement in accordance with law. The court further orders that the cost of incarceration of misdemeanants sentenced to confinement in a jail shall be paid in accordance with the provisions of §15A-3-16 of this code.Special Instructions: ___________________________________________________________It is further ordered that the Circuit Clerk or Magistrate Court Clerk shall immediately transmit a certified copy of this commitment order to the Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).Enter this _____day of __________, 2____.___________________________________Circuit Judge/Magistrate
WV Code § 62-8-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 8. Crimes by and Proceedings Against Inmates|§62-8-1. Offenses by Inmates; Conspiracy

(a) A person imprisoned or otherwise in the custody of the Commissioner of Corrections and Rehabilitation is guilty of a felony if he or she kills, wounds, or inflicts other bodily injury upon any person at any correctional facility; or breaks, cuts, or injures, or sets fire to any building, fixture, or fastening of any correctional facility, or jail or any part thereof, for the purpose of escaping or aiding any other inmate to escape therefrom, or renders any correctional facility or jail less secure as a place of confinement; or makes, procures, secretes, or has in his or her possession, any instrument, tool, or other thing for such purpose, or with intent to kill, wound, or inflict bodily injury; or resists the lawful authority of an officer or guard of any correctional facility or jail for such purpose or with such intent. Any three or more inmates confined, or in custody, who conspire together to commit any offense mentioned in this section are each guilty of a felony.(b) Any person in the custody of the Commissioner of Corrections and Rehabilitation who commits an act of bodily intrusion is guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years. As used in this subsection "bodily intrusion" means penetration, however slight, of the anus of a male or female or the sex organ of a female without his or her consent by means of forcible compulsion and for reasons other than the sexual gratification of either person.
WV Code § 62-8-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 8. Crimes by and Proceedings Against Inmates|§62-8-2. Punishment of Convicts; No Discharge From Correctional Institution While Prosecution Is Pending

(a) Any inmate who violates the provisions of section one of this article and the violation results in the death of any person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for life, and he or she shall not be eligible for parole, notwithstanding the provisions of article twelve, chapter sixty-two of this code.(b) Any inmate who violates the provisions of section one of this article and is serving a term of confinement for life, is guilty of a felony and, upon conviction thereof, he or she may not be eligible for parole, notwithstanding the provisions of article twelve, chapter sixty-two of this code.(c) Any inmate who is not serving a term of confinement for life and who violates the provisions of section one of this article and whose violation did not result in the death of any person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than five years. Any term of confinement imposed pursuant to this subsection is to be consecutive to any term of confinement already imposed.(d) An inmate prosecuted for an offense under this article may not be discharged from a state correctional facility while the prosecution is pending.(e) Any person convicted pursuant to the provisions of this section may not be sentenced under sections eighteen or nineteen, article eleven, chapter sixty-one of this code: Provided, That if an inmate commits an offense punishable by confinement in a state correctional facility, other than the offenses defined in section one of this article, he or she shall be punished as if he or she had been discharged before committing the offense.
WV Code § 62-8-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 8. Crimes by and Proceedings Against Inmates|§62-8-3. Venue of Trials of Convicts

All criminal proceedings against convicts in the custody of the commissioner of corrections shall be in the circuit court in the county where the crime is committed.
WV Code § 62-8-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 8. Crimes by and Proceedings Against Inmates|§62-8-4. Procedure in Sentencing Inmates to Further Confinement for Second and Third Offenses

When a inmate convicted of an offense and sentenced to confinement therefor in a state correctional facility, is received therein, if he or she was before convicted in the United States of a crime punishable by imprisonment in a state correctional facility, and the record of his or her conviction does not show that he or she has been sentenced under section eighteen or nineteen, article eleven, chapter sixty-one of this code, the warden of a state correctional facility may give information thereof, to the circuit court of the county in which the facility is located, whether it be alleged or not in the indictment on which he or she was convicted that he or she had before been previously so convicted. If such information is given, the court shall cause the inmate to be brought before it, and upon an information filed, setting forth the several records of conviction, and alleging the identity of the inmate with the person named in each, shall require the inmate named to say whether he or she is the same person or not. If he or she say he or she is not, or remain silent, his or her plea, or the fact of his or her silence, shall be entered of record, and a jury shall be impaneled to inquire whether the inmate is the same person mentioned in the several records. If the jury find that he or she is not the same person, he or she shall be remanded to a state correctional facility; but if they find that he or she is the same person, or if he or she acknowledge in open court, after being duly cautioned, that he or she is the same person, the court shall sentence him or her to such further confinement as is prescribed by article eleven, chapter sixty-one of this code, on a second or third conviction, as the case may be.
WV Code § 62-8-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 8. Crimes by and Proceedings Against Inmates|§62-8-5. Prosecutions for Offenses Under This Article

Upon complaint in writing, under oath, presented to the circuit court of Marshall county, or to the judge thereof in vacation, that any convict in the penitentiary has committed an offense punishable under sections one and two of this article, proceedings may be had for such offense, either at a regular term of the court, or at a special term, to be appointed by its order, or by the warrant of the judge directed to the clerk of the court, who shall give notice of such special term to the prosecuting attorney and other officers of the court. The clerk shall issue all necessary process; and a grand jury and a venire shall be summoned to attend at the time appointed in such warrant, or at such time as the court may direct. The judge of the said court, when an indictment is found against the accused, shall issue a warrant to the warden of the penitentiary to bring him before the court, as well as any other persons confined in the penitentiary who are required as witnesses on either side.
WV Code § 62-8-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 8. Crimes by and Proceedings Against Inmates|§62-8-6. Convicts Competent as Witnesses; Proceedings, etc., as in Other Cases

In any such prosecution of convicts, all other convicts in the penitentiary shall be competent witnesses for or against the accused. In all other respects, the proceedings, trial, judgment and sentence shall be had, pronounced and executed, as in other cases for prosecutions for offenses punishable with death or confinement in the penitentiary.
WV Code § 62-8-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 8. Crimes by and Proceedings Against Inmates|§62-8-7. Court Costs Incurred in Prosecution of Convicts

All taxable court costs incurred in the prosecution of a convict for any crime committed by such person while confined in the West Virginia Penitentiary, West Virginia Medium Security Prison, or the West Virginia State Prison for Women or in any other penal institution of the State of West Virginia, or in the custody of an officer thereof, or for the crime of escaping from any of such institutions, or such custody, or for any crime committed while at large after escaping from any such institution, or such custody, shall be paid out of the annual state appropriation for "criminal charges," after such are certified by the circuit court of the appropriate county and approved by the state commissioner of public institutions.