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WV Code § 62-11C-10 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11C. The West Virginia Community Corrections Act|§62-11C-10. Standardized Risk and Needs Assessment; Annual Reviews; Day Report Services

The Division of Justice and Community Services shall:(1) Require that staff of day reporting centers and other community corrections programs be trained in and use in each case a standardized risk and needs assessment as adopted by the Supreme Court of Appeals of West Virginia. The results of all standardized risk and needs assessments are confidential;(2) Annually conduct a validation study of inter-rater reliability and risk cut-off scores by population to ensure that the standardized risk and needs assessment is sufficiently predictive of the risk of reoffending;(3) Annually review the membership of all community criminal justice boards to ensure appropriate membership;(4) Evaluate the services, sanctions and programs provided by each community corrections program to ensure that they address criminogenic needs and are evidence based;(5) Encourage community criminal justice boards to develop programs in addition to or in lieu of day report centers through grants and more focused use of day report services; and(6) Annually report to the Community Corrections Subcommittee on the results of duties required by this section.
WV Code § 62-11D-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11D. Heightened Examination and Supervision for Certain Sex Offenders|§62-11D-1. Definitions

As used in this article:(1) "Certified polygraph analyst" means a person licensed pursuant to the provisions of section five-c, article five, chapter twenty-one of this code and who:(A) Is certified in post conviction sex offender testing as prescribed by the American Polygraph Association;(B) Has completed not less than twenty hours of American Polygraph Association-approved sex offender testing training every other calendar year; and(C) Uses standards approved by the American Polygraph Association for sex offender testing.(2) "Electronic monitoring" means any one or a combination of the following technologies:(A) Voice verification;(B) Radio frequency;(C) Video display/breath alcohol test;(D) Global positioning satellite; or(E) Global positioning satellite - cellular.(3) "Full-disclosure polygraph" or "sexual history polygraph" means a polygraph examination administered to determine the entire sexual history of the probationer or parolee.(4) "Maintenance test" means polygraph examination administered to determine the probationer's or parolee's compliance with the terms of supervision and treatment.(5) "Sexually violent predator" means any person determined by a circuit court of this state to be a sexually violent predator pursuant to the provisions of section two-a, article twelve, chapter fifteen of this code or of a similar provision in another state, federal or military jurisdiction.
WV Code § 62-11D-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11D. Heightened Examination and Supervision for Certain Sex Offenders|§62-11D-3. Electronic Monitoring of Certain Sex Offenders Under Supervision; Tampering With Devices; Offenses and Penalties

(a) Notwithstanding any provisions of this code to the contrary, any person designated as a sexually violent predator pursuant to the provisions of section two-a, article twelve, chapter fifteen of this code who is on probation, parole or supervised release, shall be subject to electronic monitoring as a condition of probation, parole or supervised release. A person required to register as a sex offender pursuant to the provisions of article twelve, chapter fifteen of this code may, as a condition of probation, parole or supervised release, be subject to electronic monitoring.(b) Upon being placed on supervision, a person required to undergo electronic monitoring pursuant to the provisions of this section shall be placed at a minimum on radio frequency monitoring with curfews enforced. Following an assessment designed to determine the level and type of electronic monitoring necessary to effectuate the protection of the public, a supervised person may be placed on a system providing a greater or lesser degree of monitoring.(c) A person subject to the provisions of this section shall be responsible for the cost of the electronic monitoring. In the event a person required to submit to electronic monitoring as required by the provisions of this section is unable to pay for the electronic monitoring, that person may present an affidavit reflecting the inability to pay for such monitoring to the circuit court of the county of supervision. If it appears to the satisfaction of the court that such person is in fact financially unable to pay for such monitoring, the court shall issue an order reflecting such findings and forward said order to the supervising entity. Upon receipt of such order, the supervising entity shall then be responsible for paying for each testing.(d) The assessment required by the provisions of subsection (b) of this section shall be completed not later than thirty days after the supervised person begins serving probation or parole or supervised release. Under no circumstances may a person of whom electronic monitoring has been mandated as a condition of supervision be on a type of monitoring less effective than voice verification with a curfew.(e) Any person who intentionally alters, tampers with, damages or destroys any electronic monitoring equipment, with the intent to remove the device or impair its effectiveness, is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility for not less than one year nor more than ten years.
WV Code § 62-11F-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11F. Pretrial Release Programs|§62-11F-1. Applicability

This article applies to adults charged with one or more misdemeanors or felonies and who are incarcerated in a regional jail prior to adjudication due to their inability to post bond.
WV Code § 62-11F-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11F. Pretrial Release Programs|§62-11F-2. Establishment of Pretrial Release Programs

(a) Legislative findings and purpose. -- It is the purpose of pretrial release programs to employ recommendations from the Council of State Government's Justice Center's Analyses and Policy Options to Reduce Spending on Corrections and Reinvest in Strategies to Increase Public Safety, by providing for uniform statewide risk assessment and monitoring of those released prior to trial, facilitating a statewide response to the problem of overcrowded regional jails and costs to county commissions.(b) Any county, circuit or combination thereof that establishes a pretrial program pursuant to this article shall establish a local community pretrial committee that consists of:(1) A prosecutor, or his or her designee;(2) A county commissioner, or his or her designee;(3) A sheriff, or his or her designee;(4) An executive director of a community corrections program, or his or her designee;(5) A chief probation officer, or his or her designee; and(6) A member of the criminal defense bar.(c) Pretrial release programs may monitor, supervise and assist defendants released prior to trial.(d) Nothing in this article should be construed to prohibit a court from requiring a defendant to post a secured bond as a condition of pretrial release.(e) In addition to funding provided pursuant to subsection (c), section three of this article, pretrial release programs may be funded by appropriations made to the Supreme Court of Appeals for such purpose.
WV Code § 62-11F-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11F. Pretrial Release Programs|§62-11F-3. Pretrial Release Program Guidelines

(a) The Supreme Court of Appeals has complete oversight and authority over all pretrial services.(b) The Supreme Court of Appeals shall establish recommended guidelines for pretrial programs to use when ordering pretrial release for defendants whose pretrial risk assessment indicates that they are an appropriate candidate for pretrial release.(c) The Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction, pursuant to section two, article eleven-c of this chapter, shall approve policy and funding for the development, maintenance and evaluation of pretrial release programs. Any county, circuit or combination thereof that establishes a pretrial program intended to provide pretrial release services shall submit a grant proposal to the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency and Correction for review and approval.
WV Code § 62-11F-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11F. Pretrial Release Programs|§62-11F-4. Pretrial Release Assessment

The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by pretrial release programs to aid in making pretrial decisions under article one-c of this chapter.
WV Code § 62-11F-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 11F. Pretrial Release Programs|§62-11F-5. Role of Pretrial Release Programs

A pretrial release program established pursuant to this article shall:(1) Collect and present the necessary information, present risk assessment and make release recommendations to the court;(2) Present information to the court relating to the risk defendants may pose in failing to appear in court or of threatening the safety of the community or any other person and, consistent with court policy, develop release recommendations responding to risk;(3) Develop and provide appropriate and effective supervision for all persons released pending adjudication who are assigned supervision as a condition of release;(4) Monitor compliance of released defendants with the requirements of assigned release conditions;(5) Promptly inform the court of all apparent violations of pretrial release conditions or arrests of persons released pending trial, including those directly supervised by pretrial services as well as those released under other forms of conditional release, and recommend appropriate modifications of release conditions;(6) Coordinate the services of other agencies, individuals or organizations that may serve as custodians for released defendants, and advise the court as to their appropriateness, availability, reliability and capacity relating to pretrial release conditions;(7) Review the status of detained defendants on an ongoing basis for any changes in eligibility for release options and facilitate their release as soon as feasible and appropriate;(8) Develop and operate an accurate information management system to support prompt identification, information collections and presentation, risk assessment, release conditions selection, compliance monitoring and detention review functions essential to an effective pretrial release program; and(9) Remind persons released before trial of their court dates to attempt to facilitate their court appearance.
WV Code § 62-12-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-1. Courts Having Authority to Place Offenders on Probation

Any circuit court of this state shall have authority as provided in this article to place on probation any person convicted of a crime.
WV Code § 62-12-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-3. Suspension of Sentence and Release on Probation

Whenever, upon the conviction of any person eligible for probation under the preceding section, it shall appear to the satisfaction of the court that the character of the offender and the circumstances of the case indicate that he is not likely again to commit crime and that the public good does not require that he be fined or imprisoned, the court, upon application or of its own motion, may suspend the imposition or execution of sentence and release the offender on probation for such period and upon such conditions as are provided by this article; but in no case, except as provided by the following section, shall the court have authority to suspend the execution of a sentence after the convicted person has been imprisoned for sixty days under the sentence. Any person released on probation must participate as a condition of probation in the litter control program of the county to the extent directed by the court, unless the court specifically finds that this alternative service would be inappropriate.
WV Code § 62-12-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-4. Probation of Offenders Convicted in Courts Other Than Courts of Record

Whenever any person is found guilty of, or pleads guilty to, a crime in a court which is not a court of record, he may, at any time thereafter, file with the court of record to which an appeal would lie, or with the judge thereof in vacation, his petition in writing, together with a transcript of the docket of the court in which he was convicted, requesting that he be placed on probation. Upon the filing of such petition and transcript, said court of record or the judge thereof, shall have power to suspend the execution of the sentence of the lower court and to release the petitioner on probation upon such conditions as to said court or judge may seem fitting.
WV Code § 62-12-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-7. Pretrial and Preliminary Investigation; Report on Prospective Probationers

(a) The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by the Regional Jail Authority to assist magistrates and circuit courts in making pretrial decisions under article one-c of this chapter.(b) Unless otherwise directed by the court, the probation officer shall, in the form adopted by the Supreme Court of Appeals of West Virginia, make a careful investigation of, and a written report with recommendations concerning, any prospective probationer. Insofar as practicable, this report shall include information concerning the offender's court and criminal record, occupation, family background, education, habits and associations, mental and physical condition, the names, relationship, ages and condition of those dependent upon him or her for support and any other facts that may aid the court in determining the propriety and conditions of his or her release on probation. A person convicted of a felony or of any offense described in article eight-b or eight-d, chapter sixty-one of this code against a minor child may not be released on probation until this report has been presented to and considered by the court. The court may request a report concerning any person convicted of a misdemeanor. The presentence report of any person convicted of an offense, described in said articles or section twelve, article eight of said chapter, may include a statement from a therapist, psychologist or physician who is providing treatment to the child. A copy of all reports shall be filed with the Parole Board.
WV Code § 62-12-7a (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-7a. Presentence Diagnosis and Classification; Power of Court; Custody of Convicted Person; Provision for Presentence Reports; Penalty for Escape

Notwithstanding any other provision of law, when any person has been found guilty of, or pleads guilty to, a felony, or any offense described in article eight-d or eight-b, chapter sixty-one of this code, against a minor child, the court may, prior to pronouncing of sentence, direct that the person be delivered into the custody of the commissioner of corrections, for the purpose of diagnosis and classification for a period not to exceed sixty days: Provided, That the court shall require that a presentence report be completed by the probation officer assigned to that person and be made available to the commissioner of corrections prior to delivery of the person to a statutorily approved diagnosis and classification unit of the Division of Corrections. While at the diagnosis and classification unit the person shall undergo examination, diagnosis and classification and shall then be remanded and delivered to the custody of the sheriff of the county wherein he or she was found guilty or entered such plea. Within ten days following the termination of the examination, diagnosis and classification, the commissioner of corrections shall make or cause to be made a report to the court wherein the person was found guilty, or entered a plea of guilty, containing the results, findings, conclusions and recommendations of the commissioner with respect to such person.Whenever a person is remanded into the custody of the commissioner of corrections pursuant to this section, the person shall be given credit on any sentence subsequently imposed by the court equal to the time spent in such custody.
WV Code § 62-12-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-8. Record of Order as to Release on Probation

Orders granting or refusing release on probation shall contain a brief statement by the court of the reasons for its action and shall be entered of record. A copy of all orders granting release on probation, of all orders refusing such release in felony cases, and of all orders revoking any previous order shall be sent by the clerk of the court to the board of probation and parole within five days after the making of the order.
WV Code § 62-12-10 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-10. Violation of Probation

(a) If at any time during the period of probation there shall be reasonable cause to believe that the probationer has violated any of the conditions of his or her probation, the probation officer may arrest him or her with or without an order or warrant, or the court which placed him or her on probation, or the judge thereof in vacation, may issue an order for his or her arrest, whereupon he or she shall be brought before the court, or the judge thereof in vacation, for a prompt and summary hearing.(1) If the court or judge finds reasonable cause exists to believe that the probationer:(A) Absconded supervision;(B) Engaged in new criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or(C) Violated a special condition of probation designed either to protect the public or a victim; the court or judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed.(2) If the judge finds that reasonable cause exists to believe that the probationer violated any condition of supervision other than the conditions of probation set forth in subdivision (1) of this subsection then, for the first violation, the judge shall impose a period of confinement up to sixty days or, for the second violation, a period of confinement up to one hundred twenty days. For the third violation, the judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed, with credit for time spent in confinement under this section.(3) In computing the period for which the offender is to be confined, the time between his or her release on probation and his or her arrest may not be taken to be any part of the term of his or her sentence.(b) A probationer confined for a first or second violation pursuant to subdivision (2), subsection (a) of this section may be confined in jail, and the costs of confining felony probationers shall be paid out of funds appropriated for the Division of Corrections. Whenever the court orders the incarceration of a probationer pursuant to the provisions of subdivision (2), subsection (a) of this section, a circuit clerk shall provide a copy of the order of confinement within five days to the Commissioner of Corrections.(c) If, despite a violation of the conditions of probation, the court or judge is of the opinion that the interests of justice do not require that the probationer serve his or her sentence or a period of confinement, the judge may, except when the violation was the commission of a felony, again release him or her on probation: Provided, That a judge may otherwise depart from the sentence limitations set forth in subdivision (2), subsection (a) of this section upon making specific written findings of fact supporting the basis for the departure.
WV Code § 62-12-11 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-11. Probation Period

The period of probation together with any extension thereof shall not exceed seven years. Upon the termination of the probation period, the probation officer shall report to the court the conduct of the probationer during the period of his or her probation, and the court may thereupon discharge the probationer or extend the probation period. Whenever, before the end of the probation period, the probationer has satisfactorily complied with all the conditions of his or her probation and it appears to the court that it is no longer necessary to continue his or her supervision, the court may discharge him or her. All orders extending the probation period and all orders of discharge shall be entered in the records of the court, and a copy of all such orders shall be sent by the clerk of the court to the board within five days after the making of the order.
WV Code § 62-12-12a (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-12a. Parole Board Panels

(a) The board shall sit in panels of three members for the purpose of conducting hearings and making determinations concerning the release of any inmate on parole, conducting hearings and making determinations regarding the revocation of parole, considering any eligible parolee for release from further supervision and discharge from parole, conducting parole interviews and conducting any other hearing provided for in this article. Membership on each panel shall be appointed on a rotating basis by the chairperson of the board. Two members of each panel shall constitute a quorum for the transaction of official business.(b) When the board sits in panels as herein authorized, each panel shall act in the same manner and under the same authority as the full board. All authority, duties, powers and responsibilities of the board on any matter brought before the panel for hearing shall be exercised by the panel as though heard and decided by the full board. Decisions of each panel shall constitute a decision of the board. All procedures of the board relating to the conduct of hearings shall apply to hearings before the panels of the board.
WV Code § 62-12-13a (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 12. Probation and Parole|§62-12-13a. Eligibility Date for Parole

When the prisoner has received an indeterminate sentence, the minimum sentence shall be considered as an eligibility date for parole consideration but does not confer in the prisoner the right to be released as of that date.