Any person who escapes from the custody of the commissioner of corrections, regardless of where such person is confined or where such escape occurs, is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not more than five years. A term of imprisonment imposed pursuant to the provisions of this section shall be imposed as a consecutive sentence and shall not be served concurrently with any imprisonment, confinement or detention imposed under any prior sentence being served or otherwise being discharged at the time such person commits an offense under the provisions of this section. A person charged with an offense under the provisions of this section shall not be released from the custody of the commissioner of corrections while the prosecution of the alleged offense is pending: Provided, That time served by such person after any other prior sentence has been served or otherwise discharged shall be applied to any sentence which may ultimately be imposed for an offense under this section. Venue for the prosecution of a violation of this section shall be in the county in which the escape occurs.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 5. Crimes Against Public Justice
§61-5-1. Perjury and Subornation of Perjury Defined
§61-5-2. False Swearing Defined
§61-5-3. Penalties for Perjury, Subordination of Perjury, and False Swearing
§61-5-4. Bribery or Attempted Bribery; Penalty
§61-5-5. Demanding or Receiving Bribes; Penalty
§61-5-6. Receiving Bribe by Officer in Delay of Service of Process; Penalty
§61-5-9. Permitting Escape; Refusal of Custody of Prisoner; Penalties
§61-5-10. Persons in Custody of Institutions or Officers
§61-5-11. Escapes and Aiding in Escapes; Terms of Confinement in Addition to Previous Sentence
§61-5-12a. Escape From Custody of the Commissioner of Corrections
§61-5-12b. Escape From Custody of the Director of Juvenile Services
§61-5-13. Refusal of Officer to Make, or Delay in Making, Arrest; Penalty
§61-5-14. Refusal of Person to Aid Officer; Penalty
§61-5-15. Refusal of Person to Execute Order of Arrest by Justice; Penalty
§61-5-16. Refusal of Officer to Execute Act or Process of Legislature or Order of Governor; Penalty
§61-5-19. Compounding Offenses and Misprision; Penalties
§61-5-20. Exacting Excessive Fees; Penalty
§61-5-21. Issuing Fraudulent Fee Bills; Penalty
§61-5-22. Alteration, Concealment or Destruction of Public Record by Officer; Penalty
§61-5-23. Larceny, Concealment or Destruction of Public Record by Person Not Officer; Penalty
§61-5-24. Corrupt Summoning of Jurors to Find Biased Verdict; Penalty
§61-5-25. Procuring the Summoning of Biased Juror by Party Other Than Officer; Penalty
§61-5-25a. Discrimination Against Employee Summoned for Jury Duty; Penalty
§61-5-26. Contempt of Court; What Constitutes Contempt; Jury Trial; Presence of Defendant
§61-5-28. Failure to Perform Official Duties; Penalty
§61-5-29. Failure to Meet an Obligation to Pay Support to a Minor; Penalties