reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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 at any time after a parolee has been on parole for a minimum of one-year from the date of his or her release, the Commissioner of the Division of Corrections and Rehabilitation, or his or her designee, may submit a request to the chairperson of the parole board for a parolees early discharge from parole along with appropriate documentation as to the parolees good conduct while on parole. The chairperson may, after a review of the request and submission from the commissioner, or his or her designee, when in his or her judgment, the ends of parole have been attained and the best interests of the state and the parolee will be served by the early discharge, release the parolee from further supervision and discharge him or her from parole:
Provided, however
, That an inmate sentenced to serve a life term of imprisonment and released on parole may not be discharged from supervision and parole in a period less than five years from the date of his or her release on parole.
A 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 may not 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 serving his or her sentence in a correctional facility or be continued on parole or returned to West Virginia as a parole violator, in the discretion of the parole board.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 pretrial release programs in all the circuits of this state 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 non-violent misdemeanors.
(c) Any program developed pursuant to this section shall require input from arresting officers and shall allow for electronic authorization by magistrates of a charged person's participation.
(d) In developing the programs in the state for examples of successful practices authorized by this section the court is requested to review any existing programs.
(e) As part of any pretrial release program, the court is requested to develop an electronic system for pretrial court date reminders, through text messages, emails, or other electronic means, to reduce the risk of failure to appear, which should be available to all defendants on pretrial release and their counsel of record.
(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.
2023 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;
(5) Coordinate with the Community Corrections Subcommittee of the Governor's Committee on Crime, Delinquency, and Correction in the discharge of these duties; and
(6) Research and recommend a means for the development and deployment of an electronic system for pretrial court date reminders, through text messages, emails, or other electronic means, to reduce the risk of failure to appear, which should be available to all defendants on pretrial release and their counsel of record.
(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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 62. Criminal Procedure › Article 16. The Military Service Members Court Act › §62-16-5. Eligibility; Written Agreement

(a)
Eligibility.
A military service member offender, who is eligible for probation based upon the nature of the offense for which he or she has been charged, and in consideration of his or her criminal background, if any, may, upon application, be admitted into a court program only upon the agreement of the prosecutor and the offender. Additionally, the court must also determine whether the offense is in any way attributable to the offenders military service.
(b) A military service member offender may not participate in the court program if he or she has been charged with any of the following offenses:
(1) A sexual offense, including, but not limited to, a violation of the felony provisions of 61-8-1
et seq
., 61-8B-1
et seq
., 61-8C-1
et seq
., or 61-8D-1
et seq
. of this code, or a criminal offense where the judge has made a written finding that the offense was sexually motivated;
(2) A felony violation of the provisions of 61-8D-2, 61-8D-2a, or 61-8D-3a of this code;
(3) A felony violation of the provisions of 61-14-3 or 61-14-4 of this code;
(4) A felony violation of 61-2-9b or 61-2-14 of this code;
(5) A felony violation of 61-2-28 of this code;
(6) If he or she has previously been convicted in this state, another state, or in a federal court for any of the offenses enumerated above; or
(7) A violation of 17C-5-2 of this code, except where the military service member is eligible to participate in the Motor Vehicle Test and Lock Program under 17C-5A-1
et seq
. of this code.
(c)
Written agreement
. Participation in a Military Service Members Court program, with the consent of both the prosecutor and the court, shall be pursuant to a written agreement. This written agreement shall set forth all of the agreed upon provisions to allow the military service member offender to proceed in the court. The offender shall execute a written agreement with the court as to his or her participation in the program and shall agree to all of the terms and conditions of the program, including, but not limited to, the possibility of sanctions or incarceration for failing to comply with the terms of the program.
(d) Upon successful completion of a court program, the judge shall dispose of an offenders case in the manner prescribed by the written agreement and by the applicable policies and procedures adopted by the court. Disposition may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration:
Provided,
That a military service member court may not enter an order or take any action to mask a charge or conviction, divert a charge, or modify the records of a charge or conviction in a manner that would prevent an offense from appearing on an offenders commercial driving record.
2023 West Virginia Code › Chapter 62. Criminal Procedure › Article 16. The Military Service Members Court Act › §62-16-7. Program Integrity and Offender Accountability

(a) If deemed appropriate by the Supreme Court of Appeals or its administrative office, the courts shall collect and maintain information on participants which may include, but is not limited to, the following:
(1) The participants" prior criminal history;
(2) The participants" prior substance abuse and mental health treatment history;
(3) The participants" employment, education, and income histories;
(4) The participants" gender, race, ethnicity, marital and family status, and any child custody and support obligations;
(5) Instances of participants" recidivism occurring during and after participation in a court program. Recidivism may be measured at intervals of six months, one year, two years, and five years after successful graduation from Military Service Members Court;
(6) The number of offenders screened for eligibility, the number of eligible offenders who were and were not admitted, and their case dispositions; and
(7) The costs of operation and sources of funding.
(b) An 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 an offenders" privacy in accordance with federal and state confidentiality laws, a court shall keep treatment records in a secure environment, separated from the court records to which the public has access.
2023 West Virginia Code › Chapter 63. Repeal of Statutes › Article 1. Repeal of Acts of a General Nature; Special or Local Acts Not Affected › §63-1-1. Effective Date of Code; Repeal of Acts of a General Nature

All the provisions of the preceding chapters, articles and sections shall be in force upon and after January 1, nineteen hundred and thirty-one; and all acts and parts of acts of a general nature in force on the day preceding that day are hereby repealed, subject to such limitations and exceptions as are provided in this article.