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WV Code § 15-7-3 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-3. Definitions

As used in this article:(a) "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods.(b) "Unavailable" means absent from the place of session (other than on official business of the Legislature), or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy under existing Constitutional or statutory provisions.
WV Code § 15-7-4 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-4. Designation of Emergency Interim Successors to Legislators

Each legislator shall designate not fewer than three nor more than seven emergency interim successors to his powers and duties and specify their order of succession. Each legislator shall review and, as necessary, promptly revise the designations of emergency interim successors to his powers and duties to insure that at all times there are at least three such qualified emergency interim successors.
WV Code § 15-7-5 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-5. Status, Qualifications and Term of Emergency Interim Successors

An emergency interim successor is one who is designated for possible temporary succession to the powers and duties, but not the office, of a legislator. No person shall be designated or serve as an emergency interim successor unless he may under the Constitution and statutes hold the office of the legislator to whose powers and duties he is designated to succeed, but no Constitutional or statutory provision prohibiting a legislator from holding another office or prohibiting the holder of another office from being a legislator shall be applicable to an emergency interim successor. An emergency interim successor shall serve at the pleasure of the legislator designating him or of any subsequent incumbent of the legislative office.
WV Code § 15-7-6 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-6. Contingent Method of Designating Emergency Interim Successors

Prior to an attack, if a legislator fails to designate the required minimum number of emergency interim successors within thirty days following the effective date of this article or, after such period, if for any reason the number of emergency interim successors for any legislator falls below the required minimum and remains below such minimum for a period of thirty days, then the floor leader of the same political party in the same house as such legislator shall promptly designate as many emergency interim successors as are required to achieve such minimum number, but the emergency interim successors so designated shall not have a rank in order of succession higher than that of any remaining emergency interim successor previously designated by a legislator for succession to his own powers and duties. Each emergency interim successor designated by the respective floor leaders shall serve at the pleasure of the person designating him but the legislator for whom the emergency interim successor is designated or any subsequent incumbent of his office may change the rank in order of succession or replace at his pleasure any emergency interim successor so designated.
WV Code § 15-7-7 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-7. Recording and Publication of Successor's Name

Each designation of an emergency interim successor shall become effective when the legislator or floor leader authorized by section six of this article to make such designation files with the Secretary of State the successor's name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the legislator or floor leader authorized by section six of this article to do so, files this information with the Secretary of State. All such data shall be open to public inspection. The Secretary of State shall inform the Governor, the director of the Office of Emergency Services, the clerk of the house concerned and all emergency interim successors of all such designations, removals and changes in order of succession. The clerk of each house shall enter all information regarding emergency interim successors for the house in its public journal at the beginning of each legislative session and shall enter all changes in membership or order of succession as soon as possible after their occurrence.
WV Code § 15-7-8 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-8. Oath of Emergency Interim Successors

Promptly after designation each emergency interim successor shall take the oath required for the legislator to whose powers and duties he is designated to succeed. No other oath shall be required.
WV Code § 15-7-9 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-9. Duty of Emergency Interim Successors

Each emergency interim successor shall keep himself generally informed as to the duties, procedures, practices and current business of the Legislature, and each legislator shall assist his emergency interim successors to keep themselves so informed.
WV Code § 15-7-10 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-10. Place of Legislative Session in Event of Attack, etc.

Whenever in the event of an attack, or upon findings that an attack may be imminent, the Governor deems the place of session then prescribed to be unsafe, he may change it to any place within or without the state which he deems safer and convenient.
WV Code § 15-7-11 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-11. Assumption of Powers and Duties of Legislator by Emergency Interim Successor

If in the event of an attack a legislator is unavailable, his emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until the incumbent legislator, and emergency interim successor higher in order of succession, or a legislator appointed or elected and legally qualified can act. Each house of the Legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this article to exercise the powers and assume the duties of its members. All Constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
WV Code § 15-7-12 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-12. Privileges, Immunities and Compensation of Emergency Interim Successors

When an emergency interim successor exercises the powers and assumes the duties of a legislator, he shall be accorded the privileges and immunities, compensation, allowances and other perquisites of office to which a legislator is entitled. In the event of an attack, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a legislator, shall be accorded the privileges and immunities of a legislator while traveling to and from a place of session and shall be compensated for his travel in the same manner and amount as a legislator. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of office of an incumbent legislator.
WV Code § 15-7-13 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 7. Emergency Interim Legislative Succession Act|§15-7-13. Separability of Provisions

The various provisions of this article shall be construed as separable and severable, and should any of the provisions or parts thereof be construed or held unconstitutional or for any reason be invalid, the remaining provisions of this article shall not be thereby affected.
WV Code § 15-9-2 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9. Governor's Committee on Crime, Delinquency and Correction|§15-9-2. Facility Inspection

The Governor's Committee on Crime, Delinquency and Correction or its designee shall annually visit and inspect jails, detention facilities, correctional facilities, facilities which may hold juveniles involuntarily or any other juvenile facility which may temporarily house juveniles on a voluntary or involuntary basis for the purpose of compliance with standards promulgated by the juvenile facilities standards commission, pursuant to section nine-a, article twenty, chapter thirty-one of this code and with the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, and compliance with the Prison Rape Elimination Act, pursuant to 42 U. S. C §15601, and related statutes or regulations.
WV Code § 15-9-3 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9. Governor's Committee on Crime, Delinquency and Correction|§15-9-3. Ascertaining Compliance With Applicable Standards in Juvenile Detention and Correctional Facilities

The Governor’s Committee on Crime, Delinquency and Correction or its designee shall ascertain the compliance of juvenile detention and juvenile correctional facilities operated by or under contract with the Division of Juvenile Services, created pursuant to §49-2-902 of this code, with standards for the structure, physical plant, operation, and maintenance of the facilities, promulgated by the juvenile facility standards commission, pursuant to §31-20-9a of this code: Provided, That the review shall not include educational programs in the facilities.
WV Code § 15-9-4 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9. Governor's Committee on Crime, Delinquency and Correction|§15-9-4. Sentencing Commission Subcommittee

Effective July 1, 2020, the Governors Committee on Crime, Delinquency, and Correction shall establish a subcommittee to be known as the West Virginia Sentencing Commission. To the extent requested or necessary, the commission shall be staffed and supported by the Division of Administrative Services of the Department of Military Affairs and Public Safety. The commission, by and through the division, may seek and use funding and grants in furtherance of the purposes and mission of the commission.
WV Code § 15-9-5 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9. Governor's Committee on Crime, Delinquency and Correction|§15-9-5. Authorization to Adopt Bylaws, Policies and Procedures, and to Promulgate Legislative Rules

The Governor's Committee on Crime, Delinquency and Correction may adopt and modify bylaws, policies and procedures for the conduct of its meetings and the operation of the committee. The Governor's Committee on Crime, Delinquency and Correction may propose legislative rules, for legislative approval, pursuant to article three, chapter twenty-nine-a of this code, for purposes consistent with this act and any responsibilities assigned to it.
WV Code § 15-9-6 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9. Governor's Committee on Crime, Delinquency and Correction|§15-9-6. Other Responsibilities of the Committee

(a) The committee shall receive reports from the subcommittees and direct those reports to be filed with the Governor and the Joint Committee on Government and Finance on or before September 30 of each year.(b) The committee may direct by vote its executive director, staff or any subcommittee to perform tasks related to the purposes of this article, including seeking funding for programs and grants, implementing criminal justice programs authorized by this code or rule, administering funding and grants, researching findings and recommendations, coordinating resources, and any other task or responsibility related to the purposes of this article.
WV Code § 15-9-7 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9. Governor's Committee on Crime, Delinquency and Correction|§15-9-7. Coordinated Program for Substance Abuse Treatment Referral

(a) The committee shall, on or before December 31, 2020, establish a program to coordinate with state, county, and local law enforcement, the Board of Medicine, the Board of Osteopathic Medicine, and the Board of Pharmacy to develop policies and protocols for law enforcement and medical professionals to create treatment referral programs for persons suffering from substance use disorder which:(1) Allow for the surrender of illegal controlled substances or unlawfully possessed controlled substances to law enforcement or medical professionals for destruction; and(2) Establish a confidential treatment referral program for persons presenting themselves as suffering from substance use disorder.(b) A person voluntarily seeking assistance through a program developed pursuant to this section shall:(1) Not be placed under arrest;(2) Not be prosecuted for the possession of any controlled substance or drug paraphernalia already ingested or surrendered; and(3) Be promptly referred to a community-based mental health center, medical provider, or other entity in substance use treatment.(c) Nothing in this section may be construed to effect criminal charges which may exist independent of the controlled substance ingested or surrendered or paraphernalia surrendered.(d) Except for willful misconduct, any law-enforcement officer or medical professional providing services or a referral under this section is immune from criminal or civil liability.(e) The committee and the medical professional boards referenced in this section shall propose rules for legislative approval pursuant to 29A-3-1 et seq. of this code and may promulgate emergency rules pursuant to 29A-3-15 of this code to effectuate the purposes of this section.
WV Code § 15-9B-1 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9B. Sexual Assault Examination Network|§15-9B-1. Sexual Assault Forensic Examination Commission

(a) The Sexual Assault Forensic Examination Commission is continued as a subcommittee of the Governors Committee on Crime, Delinquency and Correction. The purpose of the commission is to establish, manage, and monitor a statewide system to facilitate the timely and efficient collection, submission, testing, retention, tracking, and disposition of forensic evidence in sexual assault cases. As used in this article, the word "commission" means the Sexual Assault Forensic Examination Commission.(b) Membership on the commission shall consist of the following:(1) A representative chosen from the membership of the West Virginia Prosecuting Attorneys Association who shall be chosen by the president of that organization;(2) A representative chosen from the membership of the West Virginia Association of Counties who shall be chosen by the executive director of that organization;(3) The Commissioner of the Bureau for Public Health, or his or her designee;(4) A representative from the State Police Forensic Laboratory who shall be chosen by the Superintendent of the West Virginia State Police;(5) A representative from the membership of the West Virginia Child Advocacy Network;(6) The President of the West Virginia Hospital Association, or his or her designee;(7) A representative from the membership of the West Virginia Foundation for Rape and Information Services who shall be chosen by the state coordinator of that organization;(8) A representative of the West Virginia University Forensic and Investigative Sciences Program who shall be chosen by the director of that program; and(9) A representative of the Marshall University Forensic Science Center who shall be chosen by the director of that organization.(c) If any of the representative organizations listed in subsection (b) of this section cease to exist, the director of the Division of Administrative Services, or his or her designee, may select a person from a similar organization.(d) The director of the Division of Administrative Services, or his or her designee, shall appoint the following additional members of the commission:(1) An emergency room physician licensed to practice and practicing medicine in this state;(2) A victim advocate from a rape crisis center employed in this state;(3) A sexual assault nurse examiner who is engaged in an active practice within this state;(4) A law-enforcement officer in this state with experience in sexual assault investigations;(5) A health care provider with pediatric and child abuse expertise licensed in this state; and(6) A director of a child advocacy center licensed and operating in this state.(e) The commission shall establish mandatory statewide protocols for conducting sexual assault forensic examinations, including designating locations and providers to perform forensic examinations, establishing minimum qualifications and procedures for performing forensic examinations, and establishing protocols to assure the proper collection of evidence.
WV Code § 15-9B-1a (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9B. Sexual Assault Examination Network|§15-9B-1a. Definitions

 As used in this article:(1) "Biological evidence" includes a sexual assault forensic examination kit, semen, blood, saliva, hair, skin tissue, or other identified biological material.(2) "DNA" means deoxyribonucleic acid. DNA is located in the nucleus of cells and provides an individuals personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification. (3) "Nonreported kit" means a kit collected from an alleged victim who has consented to the collection of the kit, but has not consented to participation in the criminal justice process. (4) "Sexual assault forensic examination kit" or "kit" means a set of materials, including, but not limited to, swabs and tools for collecting blood samples, clothing, or other materials used to gather forensic evidence from a victim of a reported sexual offense and the evidence obtained with the materials.(5) "Sexual offense" means any offense or attempted offense in the jurisdiction of the state in which a sexual assault forensic examination kit is collected, including, but not limited to, the following sections:(A) 61-8-12 of this code;(B) 61-8A-2 of this code;(C) 61-8A-4 of this code;(D) 61-8A-5 of this code;(E) Any offenses listed in 61-8B-1 et seq. of this code;(F) Any offenses listed in 61-8C-1 et seq. of this code;(G) Any offenses listed in 61-8D-1 et seq. of this code. (6) "Unfounded" means evidence developed after reasonable investigation and supported by proper documentation proving no crime occurred or where the alleged victim has recanted.
WV Code § 15-9B-3 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9B. Sexual Assault Examination Network|§15-9B-3. Local Sexual Assault Forensic Examination Boards

(a) Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic Examination Board, or may, as an alternative, convene and chair the sexual assault response team in the county to act as the Sexual Assault Forensic Examination Board. If a regional board is authorized, all county prosecutors from the designated area shall be members of the board. The prosecutors shall assure that each board be proportionally representative of the designated region. Each board may vary in membership, but should include representatives from local health care facilities, local law enforcement, multidisciplinary investigative teams, county and municipal governments and victims advocates. Each county or regional board shall develop a local plan and protocols for the area, which will address, at a minimum, the following:(1) Identifying facilities that are appropriate for receipt and treatment of sexual assault victims;(2) Evaluating the needs and available resources of the area, including the number of qualified physicians or nurses, or both, to facilitate and encourage 24-hour, seven-day-a-week coverage; and(3) Developing an alternative plan in case there is a change in circumstances to ensure continuity of service.(b) If availability of services are limited, or the remoteness of the region causes lack of adequate examination facilities or personnel, the local boards may designate local government or other resources to provide appropriate transport of victims to facilities where the victim can receive a timely and appropriate forensic examination.
WV Code § 15-9B-5 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9B. Sexual Assault Examination Network|§15-9B-5. Offenses; Penalty

 Any person who willfully neglects or refuses to do or perform any duty imposed by this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $50 nor more than $200, or be confined in jail for a period of not more than 60 days, or both fined and confined.
WV Code § 15-9C-1 (2021)
2021 West Virginia Code|Chapter 15. Public Safety|Article 9C. West Virginia Sentencing Commission|§15-9C-1. Legislative Findings

The Legislature finds and declares that there is:(1) A need for fair and uniform sentencing;(2) A need for research on issues regarding sentencing in order to promote a fuller understanding of the efficient, just, and fair operation of this states criminal justice system;(3) A need for establishing priorities with regard to the severity of the criminal offenses; and(4) A need to use the limited correctional resources in the state in a manner best able to fulfill the goals of criminal punishment, rehabilitation, and protection of the public while preventing disparate treatment of offenders based on racial, ethnic, cultural, economic, or other factors related to the social status of the offender.