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WV Code § 62-15-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-3. Policy and Goals

The Legislature recognizes that a critical need exists in this state for the criminal justice system to reduce the incidence of substance abuse and the crimes resulting from it. For the criminal justice system to maintain credibility, all drug offenders must be held accountable for their actions. A growing body of research demonstrates the impact of substance abuse on public safety, personal health and health care costs, the spread of communicable disease, educational performance and attainment, workforce reliability and productivity, family safety and financial stability. Requiring that accountability and rehabilitating treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, the welfare of the individuals involved, reduce the burden upon the public treasury and benefit the common welfare of this state. The goals of this article shall include:(1) Enhancing community safety and quality of life for citizens;(2) Reducing recidivism;(3) Reducing substance abuse;(4) Increasing the personal, familial, and societal accountability of drug offenders;(5) Restoring drug offenders to productive, law-abiding, and taxpaying citizens;(6) Promoting effective interaction and use of resources among criminal justice and community agencies;(7) Reducing the costs of incarceration; and(8) Improving the efficiency of the criminal justice system by enacting an effective methodology.
WV Code § 62-15-5 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-5. Drug Court Teams

(a) Each local jurisdiction that intends to establish a drug court, or continue the operation of an existing drug court, shall establish a local drug court team.(b) The drug court team shall, when practicable, conduct a staffing prior to each drug court session to discuss and provide updated information regarding drug offenders. After determining their progress or lack thereof, the drug court team shall recommend the appropriate incentive or sanction to be applied. If the drug court team cannot agree on the appropriate action, the court shall make the decision based on information presented in the staffing.
WV Code § 62-15-6 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-6. Eligibility

(a) A drug offender shall not be eligible for the drug court program if:(1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;(2) The underlying offense involves an offense that requires registration as a sex offender pursuant to the article twelve, chapter fifteen of this Code;(3) The drug offender has a prior felony conviction in this state or another state for a felony crime of violence; or(4) The drug offender has a prior conviction in this state or another state for a crime that requires registration as a sex offender pursuant to article twelve, chapter fifteen of this Code.(b) Eligible offenses may be further restricted by the rules of a specific drug court program.(c) Nothing in this section shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.
WV Code § 62-15-6b (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-6b. Intermediate Incarceration Sanctions for Drug Court Participants; Responsibility for Costs of Incarceration

(a) Whenever a judge of a drug court determines that a participant who has pled to a felony offense has committed a violation of his or her conditions of participation which would, in the judge's opinion, warrant a period of incarceration to encourage compliance with program requirements, the cost of the incarceration, not to exceed a period of thirty days in any one instance, shall be paid by the Division of Corrections. The judge must make a written finding that the participant would otherwise be sentenced to the custody of the Commissioner of Corrections for service of the underlying sentence.(b) Whenever a drug court judge incarcerates a participant pursuant to subsection (a) of this section, the clerk of the circuit court shall provide a copy of the order of confinement within five days to the Commissioner of Corrections.
WV Code § 62-15-7 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-7. Treatment and Support Services

(a) As part of any diagnostic assessments, the individual assessment should make specific recommendations to the drug court team regarding the type of treatment program and duration necessary so that a drug offender's individualized needs can be addressed. These assessments and resulting recommendations should be based upon objective medical diagnostic criteria. Treatment recommendations accepted by the court, pursuant to the provisions of this article, shall be deemed to be reasonable and necessary.(b) A drug court making a referral for substance abuse treatment shall refer the drug offender to a program that is licensed, certified, or approved by the court.(c) The court shall determine which treatment programs are authorized to provide the recommended treatment to drug offenders. The relationship between the treatment program and the court should be governed by a Memorandum of Understanding, which should include the timely reporting of the drug offender's progress or lack thereof to the drug court.(d)It is essential to provide offenders with adequate support services and aftercare.(e) Recognizing that drug offenders are frequently dually diagnosed, appropriate services should be made available, where practicable.(f) Recognizing that the longer a drug offender stays in treatment, the better the outcome, the length of stay in treatment should be determined by the drug court team based on individual needs and accepted practices: Provided, That drug court participation shall not be less than one year duration.
WV Code § 62-15-8 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-8. Drug Testing

(a) The drug court team shall ensure fair, accurate, and reliable drug testing procedures, following collection procedures approved by the Supreme Court of Appeals.(b) The drug offender shall be ordered to submit to frequent, random, and observed drug testing to monitor abstinence.(c) Anyone in receipt of drug test results shall maintain the information in compliance with the requirements of federal and state confidentially laws.
WV Code § 62-15-9 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-9. Governance

(a) The Supreme Court of Appeals will be responsible for court funding, administration, and continuance or discontinuance of drug courts, mental health courts, or other problem-solving courts. The administrative director, or his or her designee, will oversee the planning, implementation, and development of these courts as the administrative arm of the Supreme Court of Appeals.(b) The administering drug court judge in each drug court's jurisdiction shall appoint a local advisory committee. The advisory committee shall ensure quality, efficiency, and fairness in planning, implementing, and operating drug courts that serve the jurisdiction, and the provision of a full continuum of care for drug offenders.(c) The local advisory committee shall annually report to the Supreme Court of Appeal's administrative director, or designee, by December 31, of each year. The report shall include:(1) A description of all drug courts operating within the jurisdiction;(2) Participating judges and magistrates if applicable;(3) Community involvement;(4) Education and training;(5) Use of existing resources;(6) Collaborative efforts; and(7) An evaluation of the critical data elements required by subsection (a), section ten of this article.
WV Code § 62-15-9a (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-9a. Adult Drug Court Participation Fund

(a) The special revenue fund created within the State Treasury designated the Adult Drug Court Participation Fund to be administered by the West Virginia Supreme Court of Appeals is hereby continued. The fund shall consist of moneys received from individuals participating in an adult drug court program.(b) All moneys collected by the Administrator of the Supreme Court of Appeals for participation in the courts adult drug court program shall be deposited into the Adult Drug Court Participation Fund. Any moneys remaining in the fund at the end of a fiscal year shall remain in the fund and be available for expenditure during the ensuing fiscal year. (c) All moneys deposited into the State Treasury and credited to the Adult Drug Court Participation Fund shall be used to pay the costs associated with maintaining and administering the courts adult drug court programs.
WV Code § 62-15-10 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-10. Program Integrity and Offender Accountability

(a) Drug courts shall collect and maintain the following information and any other information required by the Supreme Court of Appeals or its administrative office:(1) Prior criminal history;(2) Prior substance abuse treatment history, including information on the drug offender's success or failure in those programs;(3) Employment, education, and income histories;(4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations;(5) The number of babies, both addicted and healthy, born to female drug offenders during participation in drug court;(6) Instances of relapse occurring during participation in drug court;(7) Instances of recidivism occurring during and after participation in drug court. Recidivism shall be measured at intervals of six months, one year, two years, and five years after successful graduation from drug court;(8) The number of offenders screened for eligibility, the number of eligible drug offenders who were and were not admitted and their case dispositions;(9) The drug of choice and the estimated daily financial cost to the drug offender at the time of entry into the program; and(10) The costs of operation and sources of funding.(b) A drug offender may be required as a condition of pretrial diversion, probation, or parole to provide the information described in this section. The collection and maintenance of information under this section shall be collected in a standardized format according to applicable guidelines set forth by the Supreme Court of Appeals.(c) To protect drug offenders' privacy in accordance with federal and state confidentiality laws, treatment records must be kept in a secure environment, separated from the court records to which the public has access.
WV Code § 62-15-11 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-11. Funding

(a) Each drug court with the guidance of the Supreme Court of Appeals may establish a schedule for the payment of reasonable fees and costs necessary to conduct the program;(b) Nothing in this article shall prohibit local advisory committees or drug court teams from obtaining supplemental funds or exploring grants to support drug courts.(c) Nothing in this article shall be construed to supplant funds currently utilized for drug courts.
WV Code § 62-15-12 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-12. Immunity From Liability

(a) Any individual who, in good faith, provides services pursuant to this article shall not be liable in any civil action. The grant of immunity provided in this subsection shall extend to all employees and administrative personnel.(b) Any qualified person who obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to any provision of this article shall not be liable in any civil action.
WV Code § 62-15-13 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15. Drug Offender Accountability and Treatment Act|§62-15-13. Statutory Construction

The provisions of this article shall be construed to effectuate its remedial purposes.
WV Code § 62-15A-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15A. Addiction Treatment Pilot Program|§62-15A-1. Definitions

As used in this article:“Addiction service provider” means a person licensed by this state to provide addiction and substance abuse services to persons addicted to opioids.“Adult drug court judge” means a circuit court judge operating a drug court as defined in §62-15-2 of this code.“Adult Drug Court Program” means an adult treatment court established by the Supreme Court of Appeals of West Virginia pursuant to this article and §62-15-1 et seq. of this code.“Authority” means the Regional Jail and Correctional Facility Authority.“Circuit court” means those courts set forth in §51-2-1 et seq. of this code.“Court” means the Supreme Court of Appeals of West Virginia.“Department” means the Department of Military Affairs and Public Safety.“Division” means the Division of Corrections.“LS/CMI assessment criteria” means the level of service/case management inventory which is an assessment tool that measures the risk and need factors of adult offenders.“Medication-assisted treatment” means the use of medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.“Prescriber” means an individual currently licensed and authorized by this state to prescribe and administer prescription drugs in the course of their professional practice.
WV Code § 62-15A-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15A. Addiction Treatment Pilot Program|§62-15A-3. Annual Reports

(a) The department and the court shall prepare a report annually.(b) The report shall include:(1) Number of participants;(2) Number of participants successfully completing the program;(3) Offenses committed or offense convicted of;(4) Recidivism rate;(5) Potential cost saving or expenditures;(6) A statistical analysis which determines the effectiveness of the program; and(7) Any other information the reporting entity finds pertinent.(c) The department shall submit the report to:(1) The Governor;(2) The Chief Justice of the Supreme Court of Appeals of West Virginia; and(3) The Joint Committee on Government and Finance. (d) The report shall be submitted by July 1, 2019, and annually thereafter.
WV Code § 62-15B-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 15B. Family Drug Treatment Court Act|§62-15B-2. Establish Eligibility and Policies Procedures

(a) Each local family drug treatment court advisory committee shall establish criteria for the eligibility and participation of adult respondents who have been adjudicated an abusing or neglecting parent pursuant to 49-4-601(i) and who have been granted a post-adjudicatory improvement period pursuant to 49-4-610(2) and who have a substance use disorder. Adult respondents who have been adjudicated for such abuse that the department is not required to make reasonable efforts to preserve the family as defined in 49-4-604(c)(7) shall not be eligible for participation in any family drug treatment court: Provided, That if the court determines that the parental rights of the parent to another child have been terminated involuntarily, the court, in its sole discretion and subject to other eligibility criteria as established by the local family drug treatment court advisory committee, may admit the parent to family drug treatment court.(b) Participation by an adult respondent in a family drug treatment court shall be voluntary and made pursuant only to a written agreement into by and between the adult respondent and the department with concurrence of the court.
WV Code § 62-16-1 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 16. The Military Service Members Court Act|§62-16-1. Short Title

This may be cited as the Military Service Members Court Act.
WV Code § 62-16-2 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 16. The Military Service Members Court Act|§62-16-2. Legislative Findings

(a)(1) The Legislature recognizes that while most veterans are strengthened by their military service, the combat experiences of many veterans have unfortunately left a growing number of veterans who suffer from issues such as Post Traumatic Stress Disorder and traumatic brain injury. A growing body of research shows that one in five veterans will have symptoms of a mental illness, mental health disorder, or cognitive impairment. One in six veterans who served in either Operation Enduring Freedom or Operation Iraqi Freedom suffer from substance abuse and related issues. As a result, many veterans have found themselves in the criminal court system charged with crimes which may be directly attributable to these service-related issues.(2) The Legislature further recognizes that a Military Service Members Court is necessary to link veterans with the programs, benefits, and services that are necessary to help them overcome these issues and provide them with rehabilitation services instead of incarceration. (3) Given the context of veteran life, especially given their past training and experiences in the Armed Forces, it is reasonably anticipated and likely that military service members would respond favorably to a structured environment. The Military Service Members Court is a professional, structured, and monitored program which mandates and provides participant accountability and responsibility, including mandatory court appearances, treatment, and counseling sessions, as well as frequent and random testing for drug and alcohol use. However, the Legislature also finds that some may still struggle. Those are the veterans who need the structure and support of a Military Service Members Court program the most. Without the structure of a Military Service Members Court program mentally ill and challenged veterans may well reoffend, remain in the criminal court system, and suffer under the emotional, physical, and mental yoke of substance abuse.(4) The Legislature creates the Military Service Members Court to ensure that these veterans in need are able meet their obligations to themselves, their family, their loved ones, the court, and their community.
WV Code § 62-16-3 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 16. The Military Service Members Court Act|§62-16-3. Definitions

For the purposes of this article:"Assessment" means an evaluation to determine whether a criminal defendant is a military service member as defined by this section, that the offense he or she has been charged with are attributable to their military service, and if the offender would benefit from the provisions set forth in this article."Court" means a Military Service Members Court."Department" means the West Virginia Department of Veterans Assistance."Military Service Members Court program" or "program" is a program that includes pre-adjudicatory and post-adjudicatory treatment for military service members."Military service member" means a person who is currently serving in the Army, Air Force, Marines, Navy, or Coast Guard on active duty, reserve status, or in the National Guard, or a person who served in the active military, or who was discharged or released under conditions other than dishonorable."Offender" means a criminal defendant who qualifies as a military service member under this article."Post-adjudicatory program" means a program in which the offender has admitted guilt or has been found guilty and agrees, with the prosecutors consent, to enter a court program as part of his or her sentence."Pre-adjudicatory program" means a program that allows the offender, with the consent of the prosecutor, team, and the court to expedite the offenders criminal case before conviction or before filing of a criminal case and requires the offender to agree to and successfully complete the court program as part of the written agreement."VA" means the United States Department of Veterans Affairs."VJO" means the Veterans Justice Outreach program of the United States Department of Veterans Affairs. "Written agreement" means the agreement executed to allow a military service member to participate in a court program.
WV Code § 62-16-4 (2021)
2021 West Virginia Code|Chapter 62. Criminal Procedure|Article 16. The Military Service Members Court Act|§62-16-4. Court Authorization; Funding; Immunity From Liability

(a) Court authorization. — The Supreme Court of Appeals is hereby authorized to establish a Military Service Members Court program, under the oversight of its administrator. Each Military Service Members Court may be a stand-alone court or operated in conjunction with an existing drug court or other specialty court program. The Supreme Court of Appeals is further encouraged to give deference to circuits or regions in the operation of those programs to maximize flexibility, and to take into account regional and other differences and circumstance. (b) Once a program is established, termination of any program may not take place until at least six months after written notice of the intent to terminate the program has been provided by the Supreme Court of Appeals Administrator to the Speaker of the House of Delegates and the President of the Senate. (c) Each court judge may establish rules and may make special orders as necessary that do not conflict with rules and orders promulgated by the Supreme Court of Appeals to effectuate the purposes of this article. (d) A court may offer pre-adjudication or post-adjudication programs for adult offenders.(e) Nothing contained in this article confers a right or an expectation of a right to participate in a court program nor does it obligate a court to accept every military service member offender.(f) Neither the establishment of a Military Service Members Court nor anything in this article may be construed as limiting the discretion of the prosecuting attorney to act on any criminal case which he or she determines advisable to prosecute.(g) Funding. — Each Military Service Members Court, with the guidance of the Supreme Court of Appeals, may establish a schedule for the payment of reasonable fees and costs to be paid by participants necessary to conduct the program.(h) Nothing in this article prohibits Military Service Members Courts from obtaining supplemental funds or exploring grants to support the courts.(i) Immunity from liability. — Any person who, in good faith, provides services pursuant to this article is not liable in any civil action, unless his or her actions were the result of gross negligence or willful misconduct. The grant of immunity provided in this section extends to all employees and administrative personnel of a court.