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WV Code § 62-12-13b (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-13b. Special Parole Considerations for Persons Convicted as Juveniles

(a) When a person who is serving a sentence imposed as the result of an offense or offenses committed when he or she was less than eighteen years of age becomes eligible for parole pursuant to applicable provisions of this code, including, but not limited to, section twenty-three, article eleven, chapter sixty-one thereof, the parole board shall ensure that the procedures governing its consideration of the person's application for parole ensure that he or she is provided a meaningful opportunity to obtain release and shall adopt rules and guidelines to do so that are consistent with existing case law.(b) During a parole hearing involving a person described in subsection (a) of this section, in addition to other factors required by law to be considered by the parole board, the parole board shall take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner during incarceration. The board shall also consider the following:(1) A review of educational and court documents;(2) Participation in available rehabilitative and educational programs while in prison;(3) Age at the time of the offense;(4) Immaturity at the time of the offense;(5) Home and community environment at the time of the offense;(6) Efforts made toward rehabilitation;(7) Evidence of remorse; and(8) Any other factors or circumstances the board considers relevant.
WV Code § 62-12-13c (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-13c. Authority of Commissioner to Establish a Nonviolent Offense Parole Program

(a) The commissioner is authorized to establish a nonviolent offense parole program for any inmate of a state correctional facility in which an inmate may be paroled without action of the Parole Board based upon objective standards as set forth in this section, to commence on July 1, 2021. (b) Notwithstanding any provision of this code to the contrary, any inmate of a state correctional facility is eligible for parole under the nonviolent offense parole program if:(1) He or she has served at least the minimum term of his or her sentence and is eligible for parole as determined by the parole board; and(2) He or she qualifies for the nonviolent offense parole program as authorized by this section. (c) To qualify for the nonviolent offense parole program, the commissioner must determine that the inmate:(1) Is not serving a sentence for a crime of violence against the person, crime of violence against an animal, or felony for a controlled substance offense which involves actual or threatened violence to a person, a felony offense involving the use of a firearm, or a felony offense where the victim was a minor child; (2) Has successfully completed an individualized rehabilitation treatment program as determined by the division; and(3) Has otherwise satisfied the requirements for parole eligibility set forth in 62-12-13 of this code.(d) Any person released under the nonviolent offense parole program shall be subject to all conditions of release and sanctions for violations applicable to persons released on parole by the Parole Board, and all parole revocations of persons granted parole pursuant to this section shall be heard in accordance with the provisions of 62-12-19 of this code.(e) The nonviolent offense parole program authorized by subsection (a) of this section requires no action by the Parole Board as to the release decision if the inmate qualifies for the program and has successfully completed his or her rehabilitation treatment program as determined by the commissioner.(f) The commissioner shall develop a policy directive setting forth the processes and procedures to determine successful completion of the rehabilitation treatment program and to provide notice to the inmate. If the inmate fails to successfully complete his or her rehabilitation treatment program, his or her parole shall be determined in accordance with the provisions of 62-12-13 of this code. An inmate who has been denied parole pursuant to the provisions of 62-12-13 of this code and who thereafter successfully completes his or her rehabilitation treatment program prior to his or her next parole review shall be eligible for release under the nonviolent offense parole program within a reasonable time after he or she may successfully complete such program as determined by the commissioner, provided the inmate remains qualified for release under the nonviolent offense parole program.
WV Code § 62-12-18 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-18. Period of Parole; Discharge

The period of parole shall be the maximum of any sentence, less deductions for good conduct and work as provided by law, for which the paroled inmate, at the time of release, was subject to imprisonment under his or her definite or indeterminate sentence, as the case may be: Provided, That any time after a parolee has been on parole for a period of one year from the date of his or her release, a panel of the board may, when in its judgment the ends of parole have been attained and the best interests of the state and the parolee will be served thereby, release the parolee from further supervision and discharge him or her from parole: Provided, however, That no inmate sentenced to serve a life term of imprisonment and released on parole shall be discharged from supervision and parole in a period less than five years from the date of his or her release on parole.No parolee who has violated the terms of his or her release on parole by confession to, or being convicted of, in any state of the United States, the District of Columbia or the territorial possessions of the United States, the crime of treason, murder, aggravated robbery, first degree sexual assault, second degree sexual assault, a sexual offense against a minor, incest or offenses with the same essential elements if known by other terms in other jurisdictions shall be discharged from parole. A parolee serving a sentence in any correctional facility of another state or the United States may, unless incarcerated for one of the above enumerated crimes, be discharged from parole while so serving his or her sentence in said correctional facility or be continued on parole or returned to West Virginia as a parole violator, in the discretion of the Parole Board.
WV Code § 62-12-20 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-20. To Whom Article Applies

The provisions of this article shall be applied to all persons who shall be convicted of a crime committed after this article takes effect. All persons convicted of a crime committed before this article takes effect, whether convicted before or after that time, shall remain subject to the law in effect when the crime was committed, but any such person who consents to be subject to this article may avail himself of its provisions.
WV Code § 62-12-21 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-21. Repeal of Inconsistent Laws;"director" Construed to Mean "board."

All other laws or parts of laws inconsistent with this article are hereby repealed: Provided, however, That nothing in this article shall be construed to affect in any way the laws relating to juvenile probation and parole. Wherever in the official Code of West Virginia the words "director of probation and parole" are used they shall be construed to mean the board of probation and parole.
WV Code § 62-12-22 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-22. Appointment of Counsel for Parole Violators; Authority to Appoint; Payment of Counsel

Any person accused of a violation of his parole, as set forth in this article, may be represented by counsel at any hearing held for the purpose of determining whether his parole should be revoked. In the event the person accused of a violation of his parole is unable to pay for counsel and desires to have counsel appointed for him he shall present his application for the appointment of counsel and an affidavit reflecting his inability to pay for such counsel to the circuit court in the county in which such person is confined or in the county in which the hearing is to be held for the purpose of determining whether his parole should be revoked, or to the judge thereof in vacation. If it appears to the satisfaction of the court or judge that such person is in fact unable to pay for counsel, such court or judge may appoint counsel to represent such person. Counsel so appointed shall be paid for his services and expenses in accordance with the provisions of article twenty-one, chapter twenty- nine of this code.
WV Code § 62-12-24 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-24. Request to Continue for Good Cause and Timely Notice Required

(a) Any inmate scheduled for a parole interview shall, if he or she desires to continue the interview, file with the institutional parole officer a written waiver of his or her right to an interview on the date set on a form provided by the commissioner of corrections at least thirty days prior to the interview date. A copy of the waiver shall be supplied to the board of parole.(b) The board shall propose for promulgation a legislative rule pursuant to article three, chapter twenty-nine-a of this code setting forth criteria constituting emergency circumstances where a waiver of interview filed less than thirty days prior to the scheduled interview shall constitute good cause for a continuance.(c) Any inmate failing to appear for his or her scheduled parole interview who has not waived his or her interview pursuant to subsection (a) or (b) of this section shall be deemed to have waived his or her right to a parole interview for a period of twelve months from the date of the interview at which he or she failed to appear. The panel conducting the interview shall have discretion to reset the interview with notice to the inmate and any other person or persons entitled by law to notice, prior to the expiration of the twelve-month waiver period.
WV Code § 62-12-27 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-27. Mandatory Prerelease Risk Assessment of Certain Sex Offenders

Prior to discharging an inmate convicted of a violation of section twelve, article eight, chapter sixty-one of this code or a felony violation of the provisions of article eight-b or eight-d of said chapter at the expiration of the term of their sentence, the Division of Corrections shall perform an assessment to determine the statistical risk that the inmate will reoffend after being released from the division's custody. Prior to releasing the inmate, the division shall forward the results of the assessment to the inmate's supervising entity.
WV Code § 62-12-28 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-28. Authorizing Supreme Court to Develop Pilot Pretrial Release Programs

(a) The West Virginia Supreme Court of Appeals is hereby authorized to develop pilot pretrial release programs in up to five circuits with the aim of reducing regional jail populations of short-term detainees while ensuring the safety of law-abiding citizens.(b) The programs authorized by subsection (a) of this section shall be available only to persons charged with misdemeanors and nonviolent felonies.(c) Any program developed pursuant to this section shall require input from arresting officers and shall allow for telephone authorization by magistrates of a charged person's participation.(d) In developing the pilot programs in the state for examples of successful practices authorized by this section the Court is requested to review any existing programs.(e) The provisions of this section shall be in effect for three years from the effective date of this section.(f) The Supreme Court of Appeals is hereby requested to provide annual reports to the President of the Senate and the Speaker of the House of Delegates as to the efficacy of the programs.
WV Code § 62-12-29 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-29. Shared Information for Community Supervision

(a) The Administrative Director of the Supreme Court of Appeals of West Virginia is requested to assemble a community supervision committee, to include representatives of the judiciary, probation, parole, day report centers, magistrates, sheriffs, corrections and other members at the discretion of the director. The administrative director shall appoint a chair from among the members and attend the meeting ex officio.(b) The committee shall:(1) Design and deploy a method for probation officers, parole officers, day report centers and others providing community supervision to electronically share offender information and assessments;(2) Coordinate information reporting and access across agencies continuing supervision;(3) Collect and share information about assessed and collected restitution among agencies continuing supervision;(4) Collect sentencing-level data to enable the study of sentencing practices across the state; and(5) Coordinate with the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction in the discharge of these duties.(c) The committee shall annually submit a report on its activities during the previous year, on or before September 30, to the Governor, the Speaker of the House of Delegates, the President of the Senate and, upon request, to any individual member of the Legislature.
WV Code § 62-13-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 13. Corrections Management|§62-13-2. Supervision of Probationers and Parolees; Final Determinations Remaining With Board of Probation and Parole

(a) The Supreme Court of Appeals shall take charge of and cause to be supervised all persons placed on probation and shall prescribe rules for the supervision of probationers under their supervision and control.(b) The commissioner of corrections shall supervise all persons released on parole and placed in the charge of a state parole officer and all persons released on parole under any law of this state. He or she shall also supervise all probationers and parolees whose supervision may have been undertaken by this state by reason of any interstate compact entered into pursuant to the uniform act for out-of-state probation and parolee supervision. The commissioner shall prescribe rules for the supervision of probationers and parolees under his or her supervision and control and shall succeed to all administrative and supervisory powers of the board of probation and parole and the authority of the board of probation and parole in those matters only.The commissioner of corrections shall administer all other laws affecting the custody, control, treatment and employment of persons sentenced or committed to institutions under the supervision of the department or affecting the operation and administration of institutions or functions of the department.The final determination regarding the release of inmates from penal institutions and the final determination regarding revocation of parolees from those institutions pursuant to the provisions of article twelve of this chapter shall remain within the exclusive jurisdiction of the board of probation and parole.
WV Code § 62-13-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 13. Corrections Management|§62-13-7. Repeal of Inconsistent Laws; Transfer of Certain Functions of Board of Probation and Parole to Department of Corrections

All other laws or parts of laws inconsistent with this article are hereby repealed to the extent of such inconsistency: Provided, however, That nothing in this article shall be construed to affect in any way the laws relating to juvenile probation. Whenever in the official Code of West Virginia the words "board of probation and parole" are used and refer to specific administrative and supervisory functions and duties transferred to the department of corrections by this article, the words shall be construed to mean said department.
WV Code § 62-14-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14. Agreement on Detainers|§62-14-2. &Quotappropriate Court" Defined

The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean a court of record with criminal jurisdiction.
WV Code § 62-14-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14. Agreement on Detainers|§62-14-3. Enforcement of Agreement

All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
WV Code § 62-14-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14. Agreement on Detainers|§62-14-4. Application of Habitual Criminal Law Not Required

Nothing in this article or in the agreement on detainers shall be construed to require the application of sections eighteen and nineteen of article eleven, chapter sixty-one of the Code of West Virginia to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
WV Code § 62-14-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14. Agreement on Detainers|§62-14-5. Escape of Prisoner While in Temporary Custody

Escape or attempt to escape from custody, whether within or without this state, while in the temporary custody of an authority of another state acting pursuant to the agreement on detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been released to temporary custody and shall be punishable in the same manner as an escape or attempt to escape from said institution.
WV Code § 62-14-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14. Agreement on Detainers|§62-14-6. Delivering Custody of Prisoner

It shall be lawful and mandatory upon the warden, superintendent or other state official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
WV Code § 62-14-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14. Agreement on Detainers|§62-14-7. Central Administrator and Information Agent

The commissioner of public institutions shall serve as the central administrator and chief information officer for the agreement on detainers, pursuant to the provisions of Article VII of the agreement.
WV Code § 62-14A-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14A. Extradition|§62-14A-1. Extradition of Fugitives From Foreign Nations

The Governor, whenever required by the executive authority of the United States pursuant to the Constitution and laws thereof, shall deliver over to justice any person found within this state who shall be charged with having committed any crime without the jurisdiction of the United States.The Governor, though not so required, may in his or her discretion deliver over to justice any person found within this state who shall be charged with having committed without the jurisdiction of the United States any crime except treason, which by the laws of this state, if committed herein, would be punishable by death or imprisonment in the penitentiary. The Governor shall require such evidence of the guilt of the person so charged, as would be necessary to justify an indictment against the person, had the crime charged been committed in this state. The expense of the apprehension and delivery shall be defrayed by those to whom the delivery is made.
WV Code § 62-14A-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14A. Extradition|§62-14A-3. Governor"s Warrant of Arrest

(a) If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest which shall be sealed by the Secretary of State with the Great Seal of West Virginia, and be directed by the Governor to any peace officer or other person whom he or she may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.(b) Such warrant shall authorize the peace officer or other person directed to arrest the accused at any time and any place where he or she may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to deliver the accused, subject to the provision of this article, to the duly authorized agent of the demanding state.(c) The Governor may recall the warrant of arrest or may issue another warrant whenever the Governor deems proper.(d) Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their assistance.
WV Code § 62-14A-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 14A. Extradition|§62-14A-7. How Costs Paid; Complainant Responsible For

When the punishment of the crime shall be the confinement of the criminal in the penitentiary, expenses incurred shall be paid from funds available to the Division of Corrections and Rehabilitation. In all other cases such expenses shall be paid out of the county treasury of the county wherein the crime is alleged to have been committed.The complainant in each case is answerable for all the actual costs and charges, and for the support in prison of any person so committed; and, if the charge for his or her support in prison shall not be paid when demanded, the jailer may discharge such person from prison.
WV Code § 62-15-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-1. Short Title

This article shall be known and may be cited as the "West Virginia Drug Offender Accountability and Treatment Act".