reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-6a. Transfer of Powers and Duties to the Adjutant General

(a) Notwithstanding the provisions of sections five and six of this article, all powers and duties of the state armory board, with respect to any armory or armory project upon which there is no bonded indebtedness, and the income of which is not dedicated to retire any bonded indebtedness, to maintain, repair, operate, manage and control the armories; to fix, revise charge and collect rentals; to establish bylaws and rules for their use and operation; to enter into contracts and other agreements; and to manage and control the financial operations of armory facilities, are hereby transferred to the Adjutant General.
(b) The Adjutant General shall transfer any moneys appropriated to the Adjutant General necessary for operation and maintenance of those National Guard armories secured by bonded indebtedness to the state armory board, and these moneys may not be commingled with other funds. With respect to all other appropriated moneys, whether from state or federal funds, the Adjutant General has signature authority with respect to the management of state armory facilities, is authorized to issue requisitions upon the Auditor for payment of money out of the State Treasury and has all the powers of the principle officer of a state spending unit.
(c) The special revenue account of the state armory board provided for in section ten of this article and designated the "general armory fund," together with all unexpended balances remaining in the account on July 1, 1999, shall be transferred on that date to the Adjutant General.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-8. State Armory Board -- Trustee of Holders of Revenue Bonds

The board may enter into an agreement or agreements with any trust company, or with any bank having the powers of a trust company, either within or outside of the state, as trustee for the holders of bonds issued hereunder, setting forth therein such duties of the state and of the board in respect to the acquisition, construction, improvement, maintenance, operation, repair, and insurance of the project, the conservation and application of all moneys, the insurance of moneys on hand or on deposit, and the rights and remedies of the trustee and the holders of the bonds, as may be agreed upon with the original purchasers of such bonds, and including therein provisions restricting the individual right of action of bondholders as is customary in trust agreements respecting bonds and debentures of corporations, protecting and enforcing the rights and remedies of the trustee and the bondholders, and providing for approval by the original purchasers of the bonds of the appointment of consulting architects, and of the security given by those who contract to construct the projects and by the bank or trust company in which the proceeds of the bonds or rental shall be deposited and for approval by the consulting architects of all contracts for construction. Any such trust agreement may pledge or assign the rents or other revenues to be received by the board, but shall not convey or mortgage any armory or armory projects or any part thereof.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-9. Application of Proceeds of Bonds, Grants and Appropriations

The proceeds of all bonds issued and sold under the provisions of this article, the proceeds of any grants, gifts or contributions received by the board and any appropriations for the construction or acquisition of armory projects shall be paid to the treasurer of the State of West Virginia who shall not commingle such moneys with other moneys, but shall deposit them in separate bank account or accounts. The moneys in said accounts shall be paid out on check of the treasurer on requisition of the chairman of the board, or such person as the board may authorize to make such requisition. All deposits of such moneys shall if required by the treasurer or the board be secured by obligations to the United States, of the State of West Virginia or of the board, of a market value equal at all times to the deposit and all banking institutions are authorized to give such security for such deposits.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-10. Rentals and Other Revenues From Armories

The board is hereby authorized to fix, revise, charge and collect rent for the use of armories or any part or parts thereof, and to contract with the Adjutant General of the state, with any other officer, department or public corporation or political subdivision thereof and with any person, partnership, association or corporation desiring the use thereof, and to fix the terms, conditions, rents and rates of charges for such use: Provided, however, That the primary purpose of armories shall be their use by the National Guard, and their use by other than the National Guard shall be subject to and shall not interfere with such primary purpose. Such rents shall be so fixed and adjusted in respect of the aggregate of rents from armories in connection with which the bonds of any issue shall have been issued as to provide a fund sufficient with other revenues, if any, to pay (a) the cost of maintaining, repairing and operating such armories and (b) the principal of and interest on such bonds as the same shall become due and payable, and to create reserves for such purposes. All rents and other revenues of the board received from the use of armories shall be paid into a special account of the treasurer of the State of West Virginia to be known as the general armory fund and shall be used solely for the purposes of this article. Such moneys shall be checked out and secured in the same manner as provided in section nine of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-11. Authority of Board to Pledge Revenues as Security

The board shall have authority to pledge all revenue derived from any project as security for any bonds issued under this article to defray the cost of such project. In any case in which the board may deem it advisable it shall also have the authority to pledge the revenue derived from any existing armories as additional security for the payment of any bonds issued under the provisions of this article to pay the cost of any armory project.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-12. Title to Armory Property, etc., to Vest in State

Title to all property, armories and armory projects, upon delivery and acceptance, shall vest in the state and shall be held in the name of the state. The board may, upon such terms as the board may deem to be in the best interest of the state, transfer title to any armory to the United States, but may provide for the retention by the state of civil and police jurisdiction through such armory and a right to tax persons residing thereon.
All money received by the board from any armory sold, damaged or destroyed, unless pledged as security for the payment of bonds issued under the provisions of this article, shall be paid to the treasurer of the state and credited to the account of the board, and may be expended for the construction, acquisition or improvement of armories under the provisions and limitations of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-14. Acquisition of Property for Armory Projects; Condemnation

The board is hereby authorized and empowered to acquire by purchase, whenever it shall deem such purchase expedient, any land, property, rights, rights-of-way, franchises, easements and other interests in lands as it may deem necessary or convenient for the construction or operation of any armory or armory project upon such terms and at such price as may be considered by it to be reasonable and can be agreed upon between the board and the owner thereof, and to take title thereto in the name of the state. Whenever a reasonable price cannot be agreed upon, or whenever the owner is legally incapacitated, or is absent, unknown or unable to convey valid title, the board is hereby authorized and empowered to acquire, by the exercise of the power of condemnation in accordance with and subject to the provisions of any and all existing laws and statutes applicable to the exercise of the power of condemnation of property for public use, any land, property, rights, rights-of-way, franchises, easements or other property deemed necessary or convenient for the construction or the efficient operation of any armory project or necessary in the restoration of public or private property damaged or destroyed. In any condemnation proceedings the court having jurisdiction of the suit, action or proceeding may make such orders as may be just to the board and to the owners of the property to be condemned and may require an undertaking or other security to secure such owners against any loss or damage by reason of the failure of the board to accept and pay for the property, but neither such undertaking or security nor any act or obligation of the board shall impose any liability upon the state or the board except such as may be paid from the funds provided under the authority of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-15. Preliminary Expenses of Armory Projects

The Adjutant General is hereby authorized in his discretion to expend out of any funds available for the purpose such moneys as may be necessary for the study of any preliminary armory project or projects and for making necessary estimates, plans and surveys to determine the feasibility of the construction and financing thereof; and all such expenses incurred by the Adjutant General prior to the issuance of bonds under the provisions of this article shall be paid by the Adjutant General and charged to the appropriate armory project, and the Adjutant General shall keep separate records and accounts showing such amounts so charged. Upon the sale of bonds for any armory project the funds so expended by the Adjutant General in connection with such project shall be reimbursed to the Adjutant General from the proceeds of such bonds.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-16. County or Municipal Aid for Armory Purposes

Any county or municipality or two or more municipalities jointly may raise and appropriate money in the aid of the acquisition, construction, maintenance, repair and improvement of any armory located therein, and to that end may issue bonds payable not more than thirty years after their issue and bearing interest at a rate not exceeding six percent per annum, and may deposit such money and funds and the proceeds of the sale of such bonds with the State Treasurer in the special account provided by section nine of this article to the credit of the proper armory project, and may make such further provisions for the maintenance and improvement of such armory and its joint use with the National Guard as may be deemed necessary: Provided, That whenever the board deems it expedient and in furtherance of the purposes of this article it may purchase and finish armories already built or partly built. Counties and municipalities constructing and financing armories under the provisions of this article or the provisions of article four-a, chapter eight of this code shall convey such armories to the armory board upon payment of all bonds, and interest thereon, issued for the construction or improvement thereof.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-17. Disposition of Abandoned and Unsuitable Armories or Armory Facilities

Whenever any armory shall be no longer needed by the National Guard, or other military organization, or in the judgment of the board is unsuitable for military purposes, the board shall have the authority, and it is hereby expressly empowered to sell, transfer and convey such armory to the municipality, county or county board of education or any two or more of the same or combination thereof in which the same is located, for public purposes, upon such terms as the board may deem to be in the best interest of the state: Provided, That if such municipality, county or Board of Education shall not purchase such armory, the board shall then be authorized to sell, transfer and convey the same to any person, firm, or corporation upon such terms as the board may deem to be in the best interest of the state: Provided further, That if the armory cannot be sold in this manner, the board may lease it for other than military purposes as provided in section ten of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-18. Exemption of Armories, etc., From Taxation

The exercise of the powers granted in this article will be in all respects for the benefit of the people of this state, and, as the construction, acquisition, improvement, operation and maintenance of armories will constitute the performance of essential governmental functions, the board shall not be required to pay any taxes or assessments upon any armory or any property acquired or used by the board under the provisions of this article or upon the income therefrom, and the bonds issued under the provisions of this article, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be exempt from taxation within the state.
2023 West Virginia Code › Chapter 15. Public Safety › Article 6. State Armory Board › §15-6-20. Compliance With Article and State Constitution Only Restrictions on Construction and Management of Projects Under Article

It shall not be necessary to secure from any officer or board not named in this article any approval or consent, or any certificate or finding, or to hold an election, or to take any proceedings whatever, either for the construction of such project, or the improvement, maintenance, operation, or repair thereof, or for the issuance of bonds hereunder except such as are provided by this article or are required by the Constitution of the state.
2023 West Virginia Code › Chapter 15. Public Safety › Article 7. Emergency Interim Legislative Succession Act › §15-7-2. Declaration of Policy

The Legislature declares: (1) That recent technological developments make possible an enemy attack of unprecedented destructiveness, which may result in the death of inability to act of a large proportion of the membership of the Legislature; (2) that to conform in time of attack to existing legal requirements pertaining to the Legislature would be impracticable, would admit of undue delay, and would jeopardize continuity of operation of a legally constituted Legislature; and (3) that it is therefore necessary to adopt special provisions as hereinafter set out for the effective operation of the Legislature.
2023 West Virginia Code › Chapter 15. Public Safety › Article 7. Emergency Interim Legislative Succession Act › §15-7-3. Definitions

As used in this article:
(a) "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods.
(b) "Unavailable" means absent from the place of session (other than on official business of the Legislature), or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy under existing Constitutional or statutory provisions.
2023 West Virginia Code › Chapter 15. Public Safety › Article 7. Emergency Interim Legislative Succession Act › §15-7-4. Designation of Emergency Interim Successors to Legislators

Each legislator shall designate not fewer than three nor more than seven emergency interim successors to his powers and duties and specify their order of succession. Each legislator shall review and, as necessary, promptly revise the designations of emergency interim successors to his powers and duties to insure that at all times there are at least three such qualified emergency interim successors.
2023 West Virginia Code › Chapter 15. Public Safety › Article 7. Emergency Interim Legislative Succession Act › §15-7-5. Status, Qualifications and Term of Emergency Interim Successors

An emergency interim successor is one who is designated for possible temporary succession to the powers and duties, but not the office, of a legislator. No person shall be designated or serve as an emergency interim successor unless he may under the Constitution and statutes hold the office of the legislator to whose powers and duties he is designated to succeed, but no Constitutional or statutory provision prohibiting a legislator from holding another office or prohibiting the holder of another office from being a legislator shall be applicable to an emergency interim successor. An emergency interim successor shall serve at the pleasure of the legislator designating him or of any subsequent incumbent of the legislative office.
2023 West Virginia Code › Chapter 15. Public Safety › Article 7. Emergency Interim Legislative Succession Act › §15-7-6. Contingent Method of Designating Emergency Interim Successors

Prior to an attack, if a legislator fails to designate the required minimum number of emergency interim successors within thirty days following the effective date of this article or, after such period, if for any reason the number of emergency interim successors for any legislator falls below the required minimum and remains below such minimum for a period of thirty days, then the floor leader of the same political party in the same house as such legislator shall promptly designate as many emergency interim successors as are required to achieve such minimum number, but the emergency interim successors so designated shall not have a rank in order of succession higher than that of any remaining emergency interim successor previously designated by a legislator for succession to his own powers and duties. Each emergency interim successor designated by the respective floor leaders shall serve at the pleasure of the person designating him but the legislator for whom the emergency interim successor is designated or any subsequent incumbent of his office may change the rank in order of succession or replace at his pleasure any emergency interim successor so designated.
2023 West Virginia Code › Chapter 15. Public Safety › Article 7. Emergency Interim Legislative Succession Act › §15-7-7. Recording and Publication of Successor's Name

Each designation of an emergency interim successor shall become effective when the legislator or floor leader authorized by section six of this article to make such designation files with the Secretary of State the successor's name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the legislator or floor leader authorized by section six of this article to do so, files this information with the Secretary of State. All such data shall be open to public inspection. The Secretary of State shall inform the Governor, the director of the Office of Emergency Services, the clerk of the house concerned and all emergency interim successors of all such designations, removals and changes in order of succession. The clerk of each house shall enter all information regarding emergency interim successors for the house in its public journal at the beginning of each legislative session and shall enter all changes in membership or order of succession as soon as possible after their occurrence.
2023 West Virginia Code › Chapter 15. Public Safety › Article 7. Emergency Interim Legislative Succession Act › §15-7-11. Assumption of Powers and Duties of Legislator by Emergency Interim Successor

If in the event of an attack a legislator is unavailable, his emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until the incumbent legislator, and emergency interim successor higher in order of succession, or a legislator appointed or elected and legally qualified can act. Each house of the Legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this article to exercise the powers and assume the duties of its members. All Constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
2023 West Virginia Code › Chapter 15. Public Safety › Article 7. Emergency Interim Legislative Succession Act › §15-7-12. Privileges, Immunities and Compensation of Emergency Interim Successors

When an emergency interim successor exercises the powers and assumes the duties of a legislator, he shall be accorded the privileges and immunities, compensation, allowances and other perquisites of office to which a legislator is entitled. In the event of an attack, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a legislator, shall be accorded the privileges and immunities of a legislator while traveling to and from a place of session and shall be compensated for his travel in the same manner and amount as a legislator. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of office of an incumbent legislator.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9. Governor's Committee on Crime, Delinquency and Correction › §15-9-2. Facility Inspection

The Governor's Committee on Crime, Delinquency and Correction or its designee shall annually visit and inspect jails, detention facilities, correctional facilities, facilities which may hold juveniles involuntarily or any other juvenile facility which may temporarily house juveniles on a voluntary or involuntary basis for the purpose of compliance with standards promulgated by the juvenile facilities standards commission, pursuant to section nine-a, article twenty, chapter thirty-one of this code and with the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, and compliance with the Prison Rape Elimination Act, pursuant to 42 U. S. C §15601, and related statutes or regulations.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9. Governor's Committee on Crime, Delinquency and Correction › §15-9-3. Ascertaining Compliance With Applicable Standards in Juvenile Detention and Correctional Facilities

The Governor’s Committee on Crime, Delinquency and Correction or its designee shall ascertain the compliance of juvenile detention and juvenile correctional facilities operated by or under contract with the Division of Juvenile Services, created pursuant to §49-2-902 of this code, with standards for the structure, physical plant, operation, and maintenance of the facilities, promulgated by the juvenile facility standards commission, pursuant to §31-20-9a of this code: Provided, That the review shall not include educational programs in the facilities.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9. Governor's Committee on Crime, Delinquency and Correction › §15-9-4. Sentencing Commission Subcommittee

Effective July 1, 2020, the Governors Committee on Crime, Delinquency, and Correction shall establish a subcommittee to be known as the West Virginia Sentencing Commission. To the extent requested or necessary, the commission shall be staffed and supported by the Division of Administrative Services of the Department of Military Affairs and Public Safety. The commission, by and through the division, may seek and use funding and grants in furtherance of the purposes and mission of the commission.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9. Governor's Committee on Crime, Delinquency and Correction › §15-9-5. Authorization to Adopt Bylaws, Policies and Procedures, and to Promulgate Legislative Rules

The Governor's Committee on Crime, Delinquency and Correction may adopt and modify bylaws, policies and procedures for the conduct of its meetings and the operation of the committee. The Governor's Committee on Crime, Delinquency and Correction may propose legislative rules, for legislative approval, pursuant to article three, chapter twenty-nine-a of this code, for purposes consistent with this act and any responsibilities assigned to it.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9. Governor's Committee on Crime, Delinquency and Correction › §15-9-6. Other Responsibilities of the Committee

(a) The committee shall receive reports from the subcommittees and direct those reports to be filed with the Governor and the Joint Committee on Government and Finance on or before September 30 of each year.
(b) The committee may direct by vote its executive director, staff or any subcommittee to perform tasks related to the purposes of this article, including seeking funding for programs and grants, implementing criminal justice programs authorized by this code or rule, administering funding and grants, researching findings and recommendations, coordinating resources, and any other task or responsibility related to the purposes of this article.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9. Governor's Committee on Crime, Delinquency and Correction › §15-9-7. Coordinated Program for Substance Abuse Treatment Referral

(a) The committee shall, on or before December 31, 2020, establish a program to coordinate with state, county, and local law enforcement, the Board of Medicine, the Board of Osteopathic Medicine, and the Board of Pharmacy to develop policies and protocols for law enforcement and medical professionals to create treatment referral programs for persons suffering from substance use disorder which:
(1) Allow for the surrender of illegal controlled substances or unlawfully possessed controlled substances to law enforcement or medical professionals for destruction; and
(2) Establish a confidential treatment referral program for persons presenting themselves as suffering from substance use disorder.
(b) A person voluntarily seeking assistance through a program developed pursuant to this section shall:
(1) Not be placed under arrest;
(2) Not be prosecuted for the possession of any controlled substance or drug paraphernalia already ingested or surrendered; and
(3) Be promptly referred to a community-based mental health center, medical provider, or other entity in substance use treatment.
(c) Nothing in this section may be construed to effect criminal charges which may exist independent of the controlled substance ingested or surrendered or paraphernalia surrendered.
(d) Except for willful misconduct, any law-enforcement officer or medical professional providing services or a referral under this section is immune from criminal or civil liability.
(e) The committee and the medical professional boards referenced in this section shall propose rules for legislative approval pursuant to 29A-3-1
et seq
. of this code and may promulgate emergency rules pursuant to 29A-3-15 of this code to effectuate the purposes of this section.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9B. Sexual Assault Examination Network › §15-9B-1. Sexual Assault Forensic Examination Commission

(a) The Sexual Assault Forensic Examination Commission is continued as a subcommittee of the Governors Committee on Crime, Delinquency and Correction. The purpose of the commission is to establish, manage, and monitor a statewide system to facilitate the timely and efficient collection, submission, testing, retention, tracking, and disposition of forensic evidence in sexual assault cases. As used in this article, the word "commission" means the Sexual Assault Forensic Examination Commission.
(b) Membership on the commission shall consist of the following:
(1) A representative chosen from the membership of the West Virginia Prosecuting Attorneys Association who shall be chosen by the president of that organization;
(2) A representative chosen from the membership of the West Virginia Association of Counties who shall be chosen by the executive director of that organization;
(3) The Commissioner of the Bureau for Public Health, or his or her designee;
(4) A representative from the State Police Forensic Laboratory who shall be chosen by the Superintendent of the West Virginia State Police;
(5) A representative from the membership of the West Virginia Child Advocacy Network;
(6) The President of the West Virginia Hospital Association, or his or her designee;
(7) A representative from the membership of the West Virginia Foundation for Rape and Information Services who shall be chosen by the state coordinator of that organization;
(8) A representative of the West Virginia University Forensic and Investigative Sciences Program who shall be chosen by the director of that program; and
(9) A representative of the Marshall University Forensic Science Center who shall be chosen by the director of that organization.
(c) If any of the representative organizations listed in subsection (b) of this section cease to exist, the director of the Division of Administrative Services, or his or her designee, may select a person from a similar organization.
(d) The director of the Division of Administrative Services, or his or her designee, shall appoint the following additional members of the commission:
(1) An emergency room physician licensed to practice and practicing medicine in this state;
(2) A victim advocate from a rape crisis center employed in this state;
(3) A sexual assault nurse examiner who is engaged in an active practice within this state;
(4) A law-enforcement officer in this state with experience in sexual assault investigations;
(5) A health care provider with pediatric and child abuse expertise licensed in this state; and
(6) A director of a child advocacy center licensed and operating in this state.
(e) The commission shall establish mandatory statewide protocols for conducting sexual assault forensic examinations, including designating locations and providers to perform forensic examinations, establishing minimum qualifications and procedures for performing forensic examinations, and establishing protocols to assure the proper collection of evidence.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9B. Sexual Assault Examination Network › §15-9B-1a. Definitions

As used in this article:
"Biological evidence" includes a sexual assault forensic examination kit, semen, blood, saliva, hair, skin tissue, or other identified biological material.
"DNA" means deoxyribonucleic acid. DNA is located in the nucleus of cells and provides an individuals personal genetic blueprint. DNA encodes genetic information that is the basis of human heredity and forensic identification.
"Hospital" means a facility licensed pursuant to the provisions of 16-5B-1
et seq
. of this code that primarily provides inpatient diagnostic, treatment, or rehabilitative services to the injured, disabled, or sick persons under the supervision of physicians with a 24-hour emergency department.
"Nonreported kit" means a kit collected from an alleged victim who has consented to the collection of the kit, but has not consented to participation in the criminal justice process.
"Sexual assault forensic examination kit" or "kit" means a set of materials, including, but not limited to, swabs and tools for collecting blood samples, clothing, or other materials used to gather forensic evidence from a victim of a reported sexual offense and the evidence obtained with the materials.
"Sexual offense" means any offense or attempted offense in the jurisdiction of the state in which a sexual assault forensic examination kit is collected, including, but not limited to, the following sections:
(A) 61-8-12 of this code;
(B) 61-8A-2 of this code;
(C) 61-8A-4 of this code;
(D) 61-8A-5 of this code;
(E) Any offenses listed in 61-8B-1
et seq
. of this code;
(F) Any offenses listed in 61-8C-1
et seq
. of this code;
(G) Any offenses listed in 61-8D-1
et seq
. of this code.
"Unfounded" means evidence developed after reasonable investigation and supported by proper documentation proving no crime occurred or where the alleged victim has recanted.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9B. Sexual Assault Examination Network › §15-9B-3. Local Sexual Assault Forensic Examination Boards

(a) Each county prosecutor, or his or her designee, shall convene a Sexual Assault Forensic Examination Board, or may, as an alternative, convene and chair the sexual assault response team in the county to act as the Sexual Assault Forensic Examination Board. If a regional board is authorized, all county prosecutors from the designated area shall be members of the board. The prosecutors shall assure that each board be proportionally representative of the designated region. Each board may vary in membership, but should include representatives from local health care facilities, local law enforcement, multidisciplinary investigative teams, county and municipal governments and victims advocates. Each county or regional board shall develop a local plan and protocols for the area, which will address, at a minimum, the following:
(1) Identifying facilities that are appropriate for receipt and treatment of sexual assault victims;
(2) Evaluating the needs and available resources of the area, including the number of qualified physicians or nurses, or both, to facilitate and encourage 24-hour, seven-day-a-week coverage; and
(3) Developing an alternative plan in case there is a change in circumstances to ensure continuity of service.
(b) If availability of services are limited, or the remoteness of the region causes lack of adequate examination facilities or personnel, the local boards may designate local government or other resources to provide appropriate transport of victims to facilities where the victim can receive a timely and appropriate forensic examination.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9B. Sexual Assault Examination Network › §15-9B-5. Offenses; Penalty

Any person who willfully neglects or refuses to do or perform any duty imposed by this article is guilty of a misdemeanor and, upon conviction, shall be fined not less than $50 nor more than $200, or be confined in jail for a period of not more than 60 days, or both fined and confined.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9C. West Virginia Sentencing Commission › §15-9C-1. Legislative Findings

The Legislature finds and declares that there is:
(1) A need for fair and uniform sentencing;
(2) A need for research on issues regarding sentencing in order to promote a fuller understanding of the efficient, just, and fair operation of this states criminal justice system;
(3) A need for establishing priorities with regard to the severity of the criminal offenses; and
(4) A need to use the limited correctional resources in the state in a manner best able to fulfill the goals of criminal punishment, rehabilitation, and protection of the public while preventing disparate treatment of offenders based on racial, ethnic, cultural, economic, or other factors related to the social status of the offender.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9C. West Virginia Sentencing Commission › §15-9C-2. Creation of Sentencing Commission; Purpose; Composition

(a) The West Virginia Sentencing Commission is hereby created as a subcommittee of the Governors Committee on Crime, Delinquency, and Correction.
(b) The purpose of the commission is to promote a fuller understanding of this states criminal justice sentencing system, and shall include the review and research of issues of sentence length imposed, actual sentence length served, parole eligibility, parole revocation, determinate or indeterminate sentences, availability of alternatives to incarceration for certain offenses, and the respective roles that each of these and other criminal sanction issues may play in the increased demand for prison bed space.
(c) The commission consists of the following members, who serve without compensation:
(1) The Secretary of the Department of Military Affairs and Public Safety, or his or her designee;
(2) Two prosecuting attorneys, or assistant prosecuting attorneys, from two different counties chosen by the President of the West Virginia Prosecuting Attorneys Association;
(3) Two public defenders, or assistant public defenders, or panel attorneys who primarily do court-appointed criminal representation, from two different judicial circuits chosen by the Director of the Public Defender Services;
(4) One representative from the West Virginia Chief of Police Association who shall be chosen by the executive director of that organization;
(5) One representative from the West Virginia Sheriffs Association who shall be chosen by the executive director of that organization;
(6) Two representatives from the West Virginia Judicial Association who are current or senior status circuit court judges and chosen by the executive committee of that organization, who shall serve as ex officio members;
(7) One member of the West Virginia Association on Alcoholism and Drug Abuse Counselors who shall be chosen by the president of the organization;
(8) Two members of the West Virginia Legislature, one chosen by the Speaker of the House and one chosen by the President of the Senate, who shall serve as ex officio members of the commission; and
(9) One professor of law with experience in the practice and teaching of criminal law appointed by the Dean of the West Virginia University College of Law.
(d) Each member serves a two-year term, except for the ex officio members who serve as long as they hold their respective offices.
(e) The chairperson of this commission shall be elected by the other members of the commission. The first meeting shall be chaired by the Director of the Division of Administrative Services of the Department of Military Affairs and Public Safety.
(f) Six members of the commission shall constitute a quorum.
(g) The Director of the Division of Administrative Services serves as executive director of the commission and the division shall provide administrative services to the commission.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9C. West Virginia Sentencing Commission › §15-9C-3. Powers and Duties of the Commission

(a) The Sentencing Commission established pursuant to this article:
(1) May request information, data, and reports from any officer or agency of the state government, as required by the commission and as may be produced consistent with other laws;
(2) Issue invitations requesting the attendance and testimony of witnesses and the production of any evidence that relates directly to a matter with respect to which the commission or any member of the commission is empowered to make a determination under this article;
(3) Shall establish a research and development program within the commission for the purpose of:
(A) Serving as a clearinghouse and information center for the collection, preparation, and dissemination of information on sentencing practices; and
(B) Assisting and serving in a consulting capacity to state courts, departments, and agencies in the development, maintenance, and coordination of sound sentencing practices;
(4) Shall collect data obtained from studies, research, and the empirical experience of public and private agencies concerning the sentencing processes;
(5) Shall publish data concerning the sentencing process;
(6) Shall collect and disseminate information concerning sentences actually imposed;
(7) Shall collect and disseminate information regarding effectiveness of sentences imposed;
(8) Shall make recommendations to the Legislature concerning modification or enactment of sentencing and correctional statutes which the commission finds to be necessary and advisable to carry out an effective, humane, and rational sentencing policy;
(9) Shall establish a plan and timetable to collect and disseminate information relating to incapacitation, recidivism, deterrence, and overall effectiveness of sentences imposed;
(10) Shall provide recommendations to the Legislature for the creation of programs and establishment of facilities in the state that provide how the state can best shift its expenditures in a revenue-neutral fashion away from incarceration to treatment programs, facilities, and related services;
(11) Shall conduct a comprehensive review and study of national and local trends and programs that have proven successful in addressing and overcoming addiction and identifying the nature of the causes of addiction and criminal behavior related to drug addiction; and
2023 West Virginia Code › Chapter 15. Public Safety › Article 9C. West Virginia Sentencing Commission › §15-9C-4. Objectives of the Commission

In performing its powers and duties, the commission shall pursue the following objectives:
(1) Promoting sentencing that more accurately reflects the time that an offender will actually be incarcerated;
(2) Reducing unwarranted disparity in sentences for offenders who have committed similar offenses and have similar criminal histories;
(3) Preserving meaningful judicial discretion in the imposition of sentences and sufficient flexibility to permit individualized sentences;
(4) Ensuring that sentencing judges in every jurisdiction in the state are able to impose the most appropriate criminal penalties, including correctional options programs for appropriate nonviolent offenders; and
(5) Determining whether the state needs to set out all criminal offenses in terms of priority and in order of severity and harm to society, and to provide alternatives to incarceration for certain offenses.
2023 West Virginia Code › Chapter 15. Public Safety › Article 9C. West Virginia Sentencing Commission › §15-9C-5. Recommendations to Legislature

(a) In addition to the dissemination of information set forth in 15-9C-3 of this code, the commission shall provide, on or before January 1, 2022, an assessment and report to the Legislature as its findings, analysis, and recommendations, if any, as to the states sentencing and correctional laws and policies.
(b) As part of the report set forth in subsection (a) of this section, the commission may, or at the request of the President of the Senate and the Speaker of the House of Delegates, shall make recommendations regarding the following issues:
(1) Whether the state should adopt discretionary sentencing guidelines and, if so, what type of discretionary sentencing guidelines should be adopted;
(2) Whether the state should alter the manner in which an inmate obtains credit for good time;
(3) Whether the state needs to take action to ensure that there is a coordinated system of alternatives to incarceration at the state and county levels and, if so, what action should be taken;
(4) Whether the state should establish additional guidelines and procedures to examine or reexamine the reduction of long-term sentences of individuals who are not a danger to public safety; and
(5) Any other matters relating to state and local laws and policies governing sentencing, parole, mandatory supervision, and correctional alternative programs.
2023 West Virginia Code › Chapter 15. Public Safety › Article 10. Cooperation Between Law-Enforcement Agencies › §15-10-2. Legislative Findings

The Legislature hereby finds and declares that the commission of various crimes against the peace and dignity of the State of West Virginia quite often crosses county and municipal boundaries, affecting the citizenry of this state and making difficult the tasks of detecting and preventing crime by law-enforcement agencies due to restrictions imposed by municipal and county boundaries; that many county and municipal law-enforcement agencies do not, by themselves, have sufficient resources in personnel, equipment and particular areas of expertise to adequately prevent or detect those crimes or criminal activities which cross such county and municipal boundaries; that it is in the best interest of the citizens of this state for law-enforcement agencies to share resources and to provide mutual assistance to each other; and that, therefore, the Legislature finds and declares that the various law-enforcement agencies within the state should be permitted and empowered to share resources and provide mutual assistance for the prevention and detection of crime.
2023 West Virginia Code › Chapter 15. Public Safety › Article 10. Cooperation Between Law-Enforcement Agencies › §15-10-3. Definitions

For purposes of this article only, and unless a different meaning plainly is required:
(1) "Criminal justice enforcement personnel" means those persons within the state criminal justice system who are actually employed as members of the State Police, members of the Division of Protective Services, natural resources police officers, chiefs of police and police of incorporated municipalities, and county sheriffs and their deputies and whose primary duties are the investigation of crime and the apprehension of criminals.
(2) "Head of a law-enforcement agency" means the Superintendent of the State Police, the Director of the Division of Protective Services, the chief natural resources police officer of the Division of Natural Resources, a chief of police of an incorporated municipality, a county sheriff or the Director of the Division of Forestry.
(3) "State or local law-enforcement officer" means any duly authorized member of a law-enforcement agency who is authorized to maintain public peace and order, prevent and detect crime, make arrests and enforce the laws of the state or any county or municipality thereof, other than parking ordinances, and includes persons employed as campus police officers at state institutions of higher education in accordance with the provisions of section five, article four, chapter eighteen-b of this code, although those institutions may not be considered law-enforcement agencies.
(4) "Head of campus police" means the superintendent or administrative head of state or local law-enforcement officers employed as campus police officers at state institutions of higher education in accordance with the provisions of section five, article four, chapter eighteen-b of this code.
2023 West Virginia Code › Chapter 15. Public Safety › Article 10. Cooperation Between Law-Enforcement Agencies › §15-10-6. Transportation of Out-of-State Prisoners; Authority of Foreign Law-Enforcement Officers

(a) Duly authorized law enforcement officers of the United States, the District of Columbia and other states or political subdivisions thereof who are transporting prisoners through this state, delivering prisoners to this state or taking custody of a person in this state for transport to another jurisdiction are deemed to have lawful custody of said prisoner while in this state.
(b) Given that duly authorized officers of other jurisdictions often have a need to travel through or to this state with prisoners for short durations of time, such as for medical treatment, the purpose of this section is to clarify the authority and jurisdiction of those officers of the United States, the District of Columbia and other states while having custody of a prisoner during the time they are in West Virginia.