West Virginia Code
Chapter 62. Criminal Procedure

§62-1-4. Same -- Execution; Arrest by Officer Without Warrant in Possession; Duplicate Warrants - The warrant shall be executed by the arrest of the...

§62-1-5. Same -- Delivery of Prisoner Before Magistrate; Complaint for Person Arrested Without Warrant; Return - (a) (1) An officer making an arrest under a warrant...

§62-1-5a. Citation in Lieu of Arrest; Failure to Appear - A law-enforcement officer may issue a citation instead of making...

§62-1-6. Informing Defendant of Nature of Complaint and His Rights; Opportunity to Confer With Counsel and Arrange Bail - The justice shall in plain terms inform the defendant of...

§62-1-7. Offense Arising in Other County - If the warrant issued, or if the offense is alleged...

§62-1-8. Preliminary Examination - If the offense is to be presented for indictment, the...

§62-1-9. Continuance - The justice shall grant upon request of the defendant one...

§62-1-10. Concurrent Powers - A judge of a court having jurisdiction to try criminal...

§62-1-11. Repeal of Inconsistent Laws - All provisions of this code which are inconsistent with the...

§62-1-12. Severability - If any provision of this article or the application thereof...

Article 1A. Search and Seizure

§62-1A-1. Search Warrant -- Who May Issue - A search warrant authorized by this article may be issued...

§62-1A-2. Same — Grounds for Issuance; Property Defined - (1) A warrant may be issued under this article to...

§62-1A-3. Same -- Issuance and Contents - A warrant shall issue only upon complaint on oath or...

§62-1A-4. Same -- Execution and Return With Inventory - The warrant may be executed and returned only within ten...

§62-1A-5. Breaking and Entering Premises - The officer may break into a house, building or structure,...

§62-1A-6. Motion for Return of Property and to Suppress Evidence - A person aggrieved by an unlawful search and seizure may...

§62-1A-7. Disposition of Seized Property - Property taken pursuant to the warrant shall be preserved as...

§62-1A-8. Purpose of Article; Construction of Other Provisions Dealing With Search Warrants; Repeal of Inconsistent Laws - It is intended that this article govern the issuance and...

§62-1A-9. Severability - If any provision of this article or the application thereof...

§62-1A-10. Motor Vehicle Searches - (a) A law-enforcement officer who stops a motor vehicle for...

§62-1A-11. Rules for Certain Evidence of Consent to Vehicle Search - (a) To facilitate the implementation of section ten of this...

Article 1B. Discovery

§62-1B-1. Bill of Particulars - The court for cause may direct the prosecuting attorney to...

§62-1B-2. Defendant's Statements; Reports of Examinations and Tests; Defendant's Books, Papers and Tangible Objects - Upon motion of a defendant the court may order the...

§62-1B-3. Time of Motion - A motion under this article may be made at any...

§62-1B-4. Severability - If any provision of this article or the application thereof...

Article 1C. Bail

§62-1C-1. Right to Bail; Exceptions; Review - (a) A person arrested for an offense not punishable by...

§62-1C-1a. Pretrial Release; Types of Release; Conditions for Release; Considerations as to Conditions of Release - (a) Subject to the provisions of 62-1C-1 of this code,...

§62-1C-2. Bail Defined; Form; Receipts - Bail is security for the appearance of a defendant to...

§62-1C-3. Fixing of Amount; Bail May Cover Two or More Charges - The amount of bail shall be fixed by the court...

§62-1C-4. Recognizance; Signing; Requirements for Signers or Surety Company; Release Upon Own Recognizance; Indigent Persons - The recognizance shall be signed by the defendant. It shall...

§62-1C-5. Recognizance and Deposits Subject to Order of Court or Magistrate - The recognizance shall be returnable to and all deposits shall...

§62-1C-6. Continuing Bail - The bail as initially given may continue in effect pending...

§62-1C-7. Forfeiture of Bail; Basis Therefor - (1) Whenever a person under bail serves as his or...

§62-1C-8. Same -- Setting Aside - The court or justice may direct that a forfeiture be...

§62-1C-9. Same -- Enforcement - When a forfeiture has not been set aside, the court...

§62-1C-10. Same -- Bail in Excess of Jurisdictional Limit of Justice or of Particular Court - Where the forfeiture has been declared by a justice or...

§62-1C-11. Same -- Remission - After entry of such judgment, the court or justice may...

§62-1C-12. Same -- Exoneration; Return of Deposit - (a) When the condition of the bond has been satisfied...

§62-1C-13. Same -- Defects in Form of Bail - No action or judgment for forfeiture of bail shall be...

§62-1C-14. Bailpiece; Issuance to Surety; Taking Accused Into Custody - (a) A bailpiece is a certificate stating that the bail...

§62-1C-15. Bail for Witness - The bail for a witness for or against the accused...

§62-1C-16. Guaranteed Arrest Bond Certificate - For a misdemeanor violation of any motor vehicle law of...

§62-1C-17. Offenses Against Municipalities - Bail for a person accused of an offense against a...

§62-1C-17a. Bail in Situations of Alleged Child Abuse - (a) When the offense charged is an offense defined in...

§62-1C-17b. Failure to Appear; Penalties - (a) Any person, who, having been released upon his personal...

§62-1C-17c. Bail in Cases of Crimes Between Family or Household Members - (a) When the offense charged is a crime against a...

§62-1C-18. Repeal of Inconsistent Laws - All provisions of this code which are inconsistent with the...

§62-1C-19. Severability - If any provision of this article or the application thereof...

Article 1D. Wiretapping and Electronic Surveillance Act

§62-1D-1. Short Title - This act shall be known and may be cited as...

§62-1D-2. Definitions - As used in this article, unless the context in which...

§62-1D-3. Interception of Communications Generally - (a) Except as otherwise specifically provided in this article it...

§62-1D-4. Manufacture, Possession or Sale of Intercepting Device - (a) Except as otherwise specifically provided in this article, any...

§62-1D-5. Forfeiture of Device - Any electronic, mechanical or other device used, manufactured, assembled, possessed...

§62-1D-6. Admissibility of Evidence - Evidence obtained, directly or indirectly, by the interception of any...

§62-1D-7. Designated Judges - The chief justice of the Supreme Court of Appeals shall,...

§62-1D-8. County Prosecuting Attorney or Duly Appointed Special Prosecutor May Apply for Order Authorizing Interception - The prosecuting attorney of any county or duly appointed special...

§62-1D-9. Lawful Disclosure or Use of Contents of Communication - (a) Any investigative or law-enforcement officer who has obtained knowledge...

§62-1D-10. Pen Registers and Trap and Trace Devices - (a) Except as provided in this section, no person may...

§62-1D-11. Ex Parte Order Authorizing Interception - (a) Each application for an order authorizing the interception of...

§62-1D-12. Civil Liability; Defense to Civil or Criminal Action - (a) Any person whose wire, oral or electronic communication is...

§62-1D-13. Registration of Intercepting Devices; Serial Number - (a) Law-enforcement agencies in the state shall register with the...

§62-1D-14. Breaking and Entering, etc., to Place or Remove Equipment - Any person who trespasses upon any premises with the intent...

§62-1D-15. Training and Certification of Law-Enforcement Officers Employed in the Interception of Wire, Oral or Electronic Communications Which Require a Court Order - The superintendent of the department of public safety shall establish...

§62-1D-16. Severability of Provisions - The various provisions of this article shall be construed as...

Article 1E. Eyewitness Identification Act

§62-1E-1. Definitions - For the purposes of this article: (1) "Administrator" means the...

§62-1E-2. Eyewitness Identification Procedures - (a) Prior to a lineup or showup, law enforcement should...

§62-1E-3. Training of Law-Enforcement Officers - The Superintendent of State Police may create educational materials and...

Article 1F. Electronic Interception of Person's Conduct or Oral Communications in Home by Law Enforcement

§62-1F-1. Definitions - (a) For the purposes of this article, the following terms...

§62-1F-2. Electronic Interception of Conduct or Oral Communications in the Home Authorized - (a) Prior to engaging in electronic interception, as defined in...

§62-1F-3. Application for an Order Authorizing Interception - (a) Each application for an order authorizing electronic interception in...

§62-1F-4. Order Authorizing Interception - (a) Upon application filed pursuant to the provisions of section...

§62-1F-5. Recording of Intercepted Communications - (a) If recorded, the contents of any conduct or oral...

§62-1F-6. Sealing of Applications, Orders and Supporting Papers - Applications made and orders granted under this article shall be...

§62-1F-7. Investigative Disclosure or Use of Contents of Wire, Electronic or Oral Communications or Derivative Evidence - (a) Any law-enforcement officer who has obtained knowledge of the...

§62-1F-8. Interception of Communications Relating to Other Offenses - When a law-enforcement officer, while engaged in court authorized electronic...

§62-1F-9. Retroactive Authorization - Notwithstanding any other provision of this article, when (1) a...

Article 1G. Subpoena Powers for Aid of Criminal Investigation Relating to Certain Offenses Against Minors

§62-1G-1. Declaration of Necessity - It is declared, as a matter of legislative determination, that...

§62-1G-2. Subpoenas for Criminal Investigations Relating to Certain Offenses Against Minors for Records Concerning an Electronic Communications System or Service or Remote Computing Service; Content; Fee for Providing Information; and Limiting Liabil... - (a) As used in this section: (1)(A) "Electronic communication" means...

Article 2. Presentments and Indictments

§62-2-1. Prosecutions to Be by Presentment or Indictment - Prosecutions for offenses against the state, unless otherwise provided, shall...

§62-2-2. When Name of Prosecutor, etc., to Be Affixed to Indictment, etc.; Requiring Security for Costs From Prosecutor - In a prosecution for a misdemeanor, the name of the...

§62-2-3. When Costs Assessed Against Prosecutor - If any proceeding for an offense, had or moved at...

§62-2-4. Indictment for Perjury; Admissibility of Certain Records, etc., as Evidence - In an indictment or accusation of perjury or subornation of...

§62-2-5. Indictment for Embezzlement; Description and Proof of Money in Prosecutions for Embezzlement and Other Crimes - In a prosecution against a person accused of embezzling, or...

§62-2-6. Indictment for Forgery - In a prosecution for forging, or altering, or attempting to...

§62-2-7. Proof of Possession of or Title to Property - In a prosecution for an offense committed upon or relating...

§62-2-8. Allegations of Intent to Injure, Cheat or Defraud - Where an intent to injure, defraud, or cheat is required...

§62-2-9. Unnecessary Allegations May Be Omitted - All allegations, unnecessary to be proved, may be omitted in...

§62-2-10. Defects Not Invalidating Indictment - No indictment or other accusation shall be quashed or deemed...

§62-2-11. Defects Cured by Verdict - Judgment in any criminal case, after a verdict, shall not...

§62-2-12. Discharge of Imprisoned Person Upon Failure to Indict Within Certain Time; Person Not Indicted by Reason of Insanity - A person in jail, on a criminal charge, shall be...

§62-2-13. Process, Capias and Summons in Criminal Cases - When an indictment or presentment is found or made, the...

§62-2-14. Direction and Execution of Process; Several Writs Against Same Person - The fifth and eleventh sections of article three, chapter fifty-six...

§62-2-15. Mailing of Process by Clerk to Officer - The clerk of every court shall forward by mail all...

§62-2-16. Execution of Process Within State - When process of arrest in a criminal prosecution is issued...

§62-2-17. Delivery of Prisoner to Court, Magistrate or Jailer - An officer who, under a capias from a court, arrests...

§62-2-19. Prosecutions Relating to License Taxes, Offenses Against Public Policy, etc. - On any indictment or presentment founded on any provision of...

§62-2-20. Exceptions to Indictments Relating to License Taxes and Offenses Against Public Policy - No exceptions shall be allowed for any defect or want...

§62-2-21. Second Capias or Trial After Summons in Misdemeanor Cases Not Covered in §62-2-19 - In prosecutions for misdemeanors, in cases not embraced in section...

§62-2-22. Discontinuance of Criminal Prosecution for Failure to Award Process or Enter Continuance - There shall be no discontinuance of any criminal prosecution by...

§62-2-23. Prosecutions Against Corporations; Effect of Failure of Corporation to Appear - On any indictment or presentment against a corporation, if a...

§62-2-24. Joinder of Certain Counts - A count for receiving stolen goods or for embezzlement may...

§62-2-25. Compromise or Suppression of Indictment or Presentment - If any prosecuting attorney shall compromise or suppress any indictment...

Article 3. Trial of Criminal Cases

§62-3-1. Time for Trial; Depositions of Witnesses for Accused; Counsel, Copy of Indictment, and List of Jurors for Accused; Remuneration of Appointed Counsel - When an indictment is found in any county, against a...

§62-3-1a. Written Guilty Plea; Form; Right to Counsel; Effect of Plea; Failure of Plea to Be Signed or Witnessed - When a person under indictment for a crime indicates that...

§62-3-2. Presence of Accused During Trial; Arraignment; Plea - A person indicted for felony shall be personally present during...

§62-3-3. Selection of Jury in Felony Cases; Striking Jurors; Alternate Jurors - In a case of felony, twenty jurors shall be drawn...

§62-3-4. Challenge of Jurors - No challenge of a juror other than that provided for...

§62-3-6. Custody of Jury; Board and Lodging of Jurors; Conversation With Jurors - After a jury in a case of felony is impaneled...

§62-3-7. Filling Vacancy in Jury; Discharge of Jury - If a juror, after he is sworn, be unable, from...

§62-3-8. Jury for Defendants Indicted and Tried Jointly; Jury for Separate Trials of Persons Jointly Indicted - Persons indicted and tried jointly, for a felony, shall be...

§62-3-13. Change of Venue - A court may, on the petition of the accused and...

§62-3-14. Conviction of Part of Offense Charged in Indictment - If a person indicted for a felony be by the...

§62-3-15. Verdict and Sentence in Murder Cases - If a person indicted for murder be found by the...

§62-3-16. Verdicts Jury May Find on Indictments for Homicide or Assault - On an indictment for felonious homicide, the jury may find...

§62-3-17. Verdicts Jury May Find in Prosecution for Larceny - In a prosecution for grand larceny, if it be found...

§62-3-18. Conviction of Attempt on Trial for Felony; Effect of General Verdict of Not Guilty - On an indictment for felony, the jury may find the...

§62-3-19. Faulty Counts in Indictment - Where there are several counts in an indictment, and a...

§62-3-20. Verdict and Judgment in Joint Trial - Where two or more persons are charged and tried jointly,...

§62-3-21. Discharge for Failure to Try Within Certain Time - Every person charged by presentment or indictment with a felony...

Article 4. Recovery of Fines in Criminal Cases

§62-4-1. Fines to Accrue to State for Support of Free Schools, Unless Otherwise Provided - Unless otherwise expressly provided, or manifestly inconsistent with the intention...

§62-4-2. Allowance to Informer or Person Prosecuting - Although a law may allow an informer or person prosecuting...

§62-4-3. Fine, Imprisonment, etc., to Be by Indictment, etc.; Exception - Where fine and imprisonment, or fine and any punishment is...

§62-4-4. Recovery of Fines Before Justice or in Court - Where a fine alone is imposed, if it be in...

§62-4-5. Form of Proceedings - The proceedings in all cases shall be in the name...

§62-4-6. Remission of Fines by Governor - Fines may be remitted by the Governor, subject to the...

§62-4-7. Remission of Fines by Courts - No court shall remit any fine except for contempt, which...

§62-4-8. Duties of Prosecuting Attorney in Relation to Fines - It shall be the duty of the prosecuting attorney of...

§62-4-9. Capias Pro Fine; Release of Defendant on Bond - When a judgment for fine and costs is rendered by...

§62-4-10. Discharge From Confinement; Allowances for Labor While Confined - Any person imprisoned for the purposes stated in the preceding...

§62-4-11. Fieri Facias for Collection of Fines - On every judgment for a fine rendered by a circuit...

§62-4-15. Limitation Upon Collection of Fines - No prosecution by warrant for the recovery of a fine...

§62-4-16. Community Service Work May Be Substituted in Lieu of a Fine in Municipal Court and Magistrate Court; Immunity From Suit - (a) Notwithstanding any provision of this code to the contrary,...

§62-4-17. Suspension of Licenses for Failure to Appear in Court; Payment Plan; Failure to Pay Fines Will Result in Late Fee and Judgment Lien - (a) Upon request and subject to the following requirements, the...

Article 5. Costs in Criminal Cases

§62-5-1. Payment of Witnesses - Sections sixteen and seventeen of article one, and section sixteen...

§62-5-2. Payment of Witness Fees and Other Legal Charges by Prosecutor - The sum to which a witness is entitled who attends...

§62-5-4. Fees of Officer Executing Process or Rendering Service Out of County in Felony Cases - A sheriff or other officer, for traveling out of his...

§62-5-5. Certificate by the Court as to Fees and Expenses - The certificate required by section fifteen, article one, chapter fifty-nine...

§62-5-6. Expenses of Preliminary Hearing Before Justice Certified to Clerk - A justice before whom there is any proceeding in a...

§62-5-7. Execution for Expenses Incident to Prosecution - In every criminal case the clerk of the court in...

§62-5-8. Failure to Present Claim in Time - If, by reason of the failure of a person to...

§62-5-9. Fee to Prosecuting Attorney Out of State Treasury; Judgment Against State for Costs - No fee to any prosecuting attorney shall be payable out...

§62-5-10. Mandatory Cost Assessed Upon Conviction of a Felony - (a) Every circuit court shall assess, in every felony criminal...

Article 6. Miscellaneous Provisions Concerning Criminal Procedures

§62-6-1. Recognizance to Keep the Peace; Condition - Every recognizance to keep the peace shall be conditioned to...

§62-6-3. Recognizance of Insane Person or Minor - A recognizance which would be taken of a person but...

§62-6-4. Witnesses in Criminal Cases; Forced Attendance - In a criminal case, a summons for a witness may...

§62-6-5. Failure of Juror to Attend Inquest Out of Court - The name of any person summoned by an officer, in...

§62-6-6. Proceedings for Fines for Contempt or Disobedience of Process - No court shall impose a fine upon a juror, witness...

§62-6-6a. Disposition of Prisoners - [Repealed.]

§62-6-7. Severability - If any provision of this article or the application thereof...

§62-6-8. Alleged Victim of Sexual Offense May Not Be Required to Submit to a Polygraph Examination or Other Truth Telling Device as a Condition of Investigating an Alleged Offense nor May Prosecutors or Law-Enforcement Officers Decline to Proceed if... - No law-enforcement officer, prosecutor or any other government official may...

Article 6A. Securing Attendance of Nonresident Witnesses

§62-1A-1. Definitions - "Witness" as used in this article shall include a person...

§62-6A-2. Summoning Witness in This State to Testify in Another State - If a judge of a court of record in any...

§62-6A-3. Summoning Witness in Another State to Testify in This State - If a person in any state, which by its laws...

§62-6A-4. Exemption From Arrest or Service of Process - If a person comes into this state in obedience to...

§62-6A-5. Construction of Article - This article shall be so interpreted and construed as to...

§62-6A-6. How Article Cited - This article may be cited as "Uniform Act to Secure...

Article 6B. Protection and Preservation of Statements and Testimony of Child Witness

§62-6B-1. Legislative Findings - The Legislature hereby finds that there are rare occasions when...

§62-6B-2. Definitions - For the purposes of this article, the words or terms...

§62-6B-3. Findings of Fact Required for Taking Testimony of Child Witness by Closed-Circuit Television; Considerations for Court - (a) Upon a written motion filed by the prosecuting attorney,...

§62-6B-4. Procedures Required for Taking Testimony of Child Witness by Closed-Circuit Television; Election of Defendant; Jury Instruction; Sanction for Failure to Follow Procedures; Additional Accommodation Options; Recordings and Confidentiality - (a) If the court determines that the use of live,...

§62-6B-5. Memorialization of Statements of Certain Child Witnesses; Admissibility; Hearing - (a) After the effective date of this section, whenever any...

§62-6B-6. Confidentiality of Recorded Interviews of Children - (a) Except as provided by the provisions of this article,...

Article 7. Execution of Sentences; Stays

§62-7-1. Stay of Proceedings - Upon the application of any person entitled, under the provisions...

§62-7-2. Period of Stay When Writ of Error Awarded - A writ of error, awarded under the provisions of article...

§62-7-3. Stay of Proceedings; Removal to Penitentiary After Reasonable Time Pending Appeal; Procedure for Bail - (a) Whenever a stay of proceedings has been granted pursuant...

§62-7-7. Removal of Convicts to Penitentiary -- Generally - Every person sentenced to confinement in the penitentiary shall remain...

§62-7-8. Same -- Prevention of Rescue or Escape; Additional Guards - If on the way to the penitentiary or other place,...

§62-7-9. Same -- Immunity of Guards From Arrest - All guards while proceeding to the place where a prisoner...

§62-7-10. Prison Commitment Order - The clerk of a circuit court in which a person...

§62-7-10a. Jail Commitment Order - The clerk of a circuit court or magistrate court in...

Article 8. Crimes by and Proceedings Against Inmates

§62-8-1. Offenses by Inmates; Conspiracy - (a) A person imprisoned or otherwise in the custody of...

§62-8-2. Punishment of Convicts; No Discharge From Correctional Institution While Prosecution Is Pending - (a) Any inmate who violates the provisions of section one...

§62-8-3. Venue of Trials of Convicts - All criminal proceedings against convicts in the custody of the...

§62-8-4. Procedure in Sentencing Inmates to Further Confinement for Second and Third Offenses - When a inmate convicted of an offense and sentenced to...

§62-8-5. Prosecutions for Offenses Under This Article - Upon complaint in writing, under oath, presented to the circuit...

§62-8-6. Convicts Competent as Witnesses; Proceedings, etc., as in Other Cases - In any such prosecution of convicts, all other convicts in...

§62-8-7. Court Costs Incurred in Prosecution of Convicts - All taxable court costs incurred in the prosecution of a...

§62-8-8. Orders and Warrants for Arrest of Inmates; Authorization to Obtain Arrest Warrants - (a) Notwithstanding any provision of this code to the contrary,...

Article 9. Forms of Indictments

§62-9-1. General Form of Indictments - All indictments in this state, if procured, found and returned...

§62-9-2. Indictment for Treason - An indictment for treason shall be sufficient if it be...

§62-9-3. Indictment for Murder - An indictment for murder shall be sufficient if it be...

§62-9-4. Indictment for Voluntary Manslaughter - A grand jury may, in a case of homicide, which...

§62-9-5. Indictment for Abortion - An indictment for abortion shall be sufficient if it be...

§62-9-6. Indictment for Robbery - An indictment for robbery shall be sufficient if it be...

§62-9-8. Indictment for Arson - An indictment for arson shall be sufficient if it be...

§62-9-9. Indictment for Burglary - An indictment for burglary shall be sufficient if it be...

§62-9-10. Indictment for Larceny - An indictment for larceny shall be sufficient if it be...

§62-9-11. Indictment for Embezzlement - An indictment for embezzlement shall be sufficient if it be...

§62-9-12. Indictment for False Pretenses - An indictment for false pretenses shall be sufficient if it...

§62-9-13. Indictment for Taking, Injuring or Destroying Property - An indictment for taking and carrying away, injuring, destroying or...

§62-9-14. Indictment for False Statement of Financial Condition - An indictment for obtaining credit, loan, etc., by false statement...

§62-9-15. Indictment for Giving Worthless Check - An indictment for giving a worthless check shall be sufficient...

§62-9-16. Indictment for the Forgery of Writings - An indictment for the forgery of any writing shall be...

§62-9-17. Indictment for Perjury - An indictment for perjury shall be sufficient if it be...

§62-9-18. Indictment for Disturbing Religious Worship - An indictment for disturbing religious worship shall be sufficient if...

§62-9-19. Indictment for Bigamy - An indictment for bigamy shall be sufficient if it be...

§62-9-20. Indictment for Adultery - An indictment for adultery and fornication shall be sufficient if...

§62-9-21. Indictment for Keeping House of Ill Fame - An indictment for keeping a house of ill fame, assignation...

Article 10. Prevention of Crime

§62-10-1. Security to Keep the Peace - Every magistrate shall have the power to require, from persons...

§62-10-2. Intended Offense -- Complaint; Warrant - If complaint be made to any justice, that there is...

§62-10-3. Hearing, Judgment, Appeal Process for Security to Keep the Peace - When a defendant appears pursuant to section one, article ten,...

§62-10-4. Same -- Proceedings on Appeal; Discharge From Commitment by Circuit Court - The court may dismiss the complaint, or affirm the judgment,...

§62-10-5. Recognizance in Carrying Weapons - If any person go armed with a deadly, dangerous or...

§62-10-6. Offenses in Presence of Constable - If any person shall, in the presence of a constable...

§62-10-7. Offenses in Presence of Justice - If any offense enumerated in section six of this article...

§62-10-8. Special Peace Officers at Fairs - It shall be lawful for any justice of the peace,...

§62-10-9. Power and Authority of Sheriffs, Deputy Sheriffs and Correctional Officers to Make Arrests - Sheriffs and each of their deputies are hereby authorized and...

Article 11. Fresh Pursuit

§62-11-1. Arrests Within State by Nonresident Peace Officer - Any member of a duly organized state, county or municipal...

§62-11-2. Procedure Upon Arrest - If an arrest is made in this state by an...

§62-11-3. Construction of §62-11-1 - Section one of this article shall not be construed so...

§62-11-4. "State" Includes District of Columbia - For the purpose of this article the word "state" shall...

§62-11-5. &Quot;fresh Pursuit" Defined - The term "fresh pursuit" as used in this article shall...

§62-11-6. Secretary of State to Certify Article - It shall be the duty of the Secretary of State...

§62-11-7. How Article Cited - This article may be cited as the "Uniform Act on...

Article 11A. Release for Work and Other Purposes

§62-11A-1. Release for Work and Other Purposes by Courts of Record With Criminal Jurisdiction - (a) When a defendant is sentenced or committed for a...

§62-11A-1a. Other Sentencing Alternatives - (a) Any person who has been convicted in a municipal...

§62-11A-2. Employment by County - With the approval of the county sheriff, the county court...

§62-11A-3. Personnel Status; Limitation on Liability of Public Officials and County and Community Service Work Agencies - (a) No person sentenced under any provision of this article...

§62-11A-4. Violations; Penalties - (a) Any person lawfully confined in jail on conviction of...

Article 11B. Home Incarceration Act

§62-11B-1. Short Title - This article may be cited as the "Home Incarceration Act."

§62-11B-2. Applicability - This article applies to adult offenders and to juveniles who...

§62-11B-3. Definitions - As used in this article: (1) "Home" means the actual...

§62-11B-4. Home Incarceration; Period of Home Incarceration; Applicability - (a) As a condition of probation or bail or as...

§62-11B-5. Requirements for Order for Home Incarceration - An order for home incarceration of an offender under section...

§62-11B-6. Circumstances Under Which Home Incarceration May Not Be Ordered; Exceptions - (a) A circuit court or magistrate may not order home...

§62-11B-7. Home Incarceration Fees; Special Fund - All home incarceration fees ordered by the circuit court or...

§62-11B-7a. Employment by County Commission of Home Incarceration Supervisors; Authority of Supervisors - The county commission may employ one or more persons with...

§62-11B-7b. Home Incarceration Supervisors Deemed Qualified Law-Enforcement Officers as That Term Is Used in 18 u.s.c. §926b - (a) Notwithstanding any other provision of this code, for purposes...

§62-11B-8. Offender Responsible for Certain Expenses - An offender ordered to undergo home incarceration under section four...

§62-11B-9. Violation of Order of Home Incarceration Procedures; Penalties - (a) If, at any time during the period of home...

§62-11B-10. Information to Be Provided Law-Enforcement Agencies - A probation department charged by a circuit court or a...

§62-11B-11. Discretion of the Court; Provisions of Article Not Exclusive - (a) Home incarceration pursuant to the provisions of this article...

§62-11B-12. Supervision of Home Incarceration by Circuit Court - (a) Notwithstanding any provision of this code to the contrary,...

§62-11B-13. Home Incarceration for Municipal Court Offenders - Notwithstanding any provision of this article to the contrary, when...

Article 11C. The West Virginia Community Corrections Act

§62-11C-1. Legislative Intent - (a) The Legislature hereby declares that the purpose of this...

§62-11C-2. Community Corrections Subcommittee - (a) A Community Corrections Subcommittee of the Governor's Committee on...

§62-11C-3. Duties of the Subcommittee - (a) The subcommittee shall propose for promulgation in accordance with...

§62-11C-4. Special Revenue Account - (a) There is hereby created in the State Treasury a...

§62-11C-5. Establishment of Programs - (a) Any county or combination of counties, or a county...

§62-11C-6. Community Criminal Justice Boards - (a) Each county or combination of counties or a county...

§62-11C-7. Supervision or Participation Fee - (a) A circuit judge, magistrate, municipal court judge or community...

§62-11C-8. Local Community Criminal Justice Accounts - (a) The treasurer of the county designated as the fiscal...

§62-11C-9. Use of Community Corrections Programs for Those Not Under Court Supervision - (a) Subject to the availability of community corrections programs in...

§62-11C-10. Standardized Risk and Needs Assessment; Annual Reviews; Day Report Services - The Division of Justice and Community Services shall: (1) Require...

Article 11D. Heightened Examination and Supervision for Certain Sex Offenders

§62-11D-1. Definitions - As used in this article: (1) "Certified polygraph analyst" means...

§62-11D-2. Polygraph Examinations as a Condition of Supervision for Certain Sex Offenders Released on Probation, Parole or on Supervised Release - (a) Notwithstanding any provision of this code to the contrary,...

§62-11D-3. Electronic Monitoring of Certain Sex Offenders Under Supervision; Tampering With Devices; Offenses and Penalties - (a) Notwithstanding any provisions of this code to the contrary,...

Article 11F. Pretrial Release Programs

§62-11F-1. Applicability - This article applies to adults charged with one or more...

§62-11F-2. Establishment of Pretrial Release Programs - (a) Legislative findings and purpose. -- It is the purpose...

§62-11F-3. Pretrial Release Program Guidelines - (a) The Supreme Court of Appeals has complete oversight and...

§62-11F-4. Pretrial Release Assessment - The Supreme Court of Appeals of West Virginia may adopt...

§62-11F-5. Role of Pretrial Release Programs - A pretrial release program established pursuant to this article shall:...

Article 12. Probation and Parole

§62-12-1. Courts Having Authority to Place Offenders on Probation - Any circuit court of this state shall have authority as...

§62-12-2. Eligibility for Probation - (a) All persons who are found guilty of or plead...

§62-12-3. Suspension of Sentence and Release on Probation - Whenever, upon the conviction of any person eligible for probation...

§62-12-4. Probation of Offenders Convicted in Courts Other Than Courts of Record - Whenever any person is found guilty of, or pleads guilty...

§62-12-5. Probation Officers and Assistants - (a) Each circuit court, subject to the approval of the...

§62-12-6. Powers and Duties of Probation Officers - (a) Each probation officer shall: (1) Investigate all cases which...

§62-12-7. Pretrial and Preliminary Investigation; Report on Prospective Probationers - (a) The Supreme Court of Appeals of West Virginia may...

§62-12-7a. Presentence Diagnosis and Classification; Power of Court; Custody of Convicted Person; Provision for Presentence Reports; Penalty for Escape - Notwithstanding any other provision of law, when any person has...

§62-12-8. Record of Order as to Release on Probation - Orders granting or refusing release on probation shall contain a...

§62-12-9. Conditions of Release on Probation - (a) Release on probation is conditioned upon the following: (1)...

§62-12-10. Violation of Probation - (a) If at any time during the period of probation...

§62-12-11. Probation Period - The period of probation together with any extension thereof shall...

§62-12-12. Parole Board Generally - (a) The West Virginia Parole Board is continued as part...

§62-12-12a. Parole Board Panels - (a) The board shall sit in panels of three members...

§62-12-13. Powers and Duties of Board; Eligibility for Parole; Procedure for Granting Parole - (a) The Parole Board, whenever it is of the opinion...

§62-12-13a. Eligibility Date for Parole - When the prisoner has received an indeterminate sentence, the minimum...

§62-12-13b. Special Parole Considerations for Persons Convicted as Juveniles - (a) When a person who is serving a sentence imposed...

§62-12-13c. Authority of Commissioner to Establish a Nonviolent Offense Parole Program - (a) The commissioner may establish a nonviolent offense parole program...

§62-12-17. Conditions of Release on Probation and Parole - (a) Release and supervision on parole of any person, including...

§62-12-18. Period of Parole; Discharge - The period of parole shall be the maximum of any...

§62-12-19. Violation of Parole - (a) If at any time during the period of parole...

§62-12-20. To Whom Article Applies - The provisions of this article shall be applied to all...

§62-12-21. Repeal of Inconsistent Laws;"director" Construed to Mean "board." - All other laws or parts of laws inconsistent with this...

§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...

§62-12-23. Notification of Parole Hearing; Victim’s Right to Be Heard; Notification of Release on Parole - (a) Following the sentencing of a person who has been...

§62-12-24. Request to Continue for Good Cause and Timely Notice Required - (a) Any inmate scheduled for a parole interview shall, if...

§62-12-26. Extended Supervision for Certain Sex Offenders; Sentencing; Conditions; Supervision Provisions; Supervision Fee - (a) Notwithstanding any other provision of this code to the...

§62-12-27. Mandatory Prerelease Risk Assessment of Certain Sex Offenders - Prior to discharging an inmate convicted of a violation of...

§62-12-28. Authorizing Supreme Court to Develop Pilot Pretrial Release Programs - (a) The West Virginia Supreme Court of Appeals is hereby...

§62-12-29. Shared Information for Community Supervision - (a) The Administrative Director of the Supreme Court of Appeals...

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...

§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 14. Agreement on Detainers

§62-14-1. Enactment of Compact - The agreement on detainers is hereby enacted into law and...

§62-14-2. &Quot;appropriate Court" Defined - The phrase "appropriate court" as used in the agreement on...

§62-14-3. Enforcement of Agreement - All courts, departments, agencies, officers and employees of this state...

§62-14-4. Application of Habitual Criminal Law Not Required - Nothing in this article or in the agreement on detainers...

§62-14-5. Escape of Prisoner While in Temporary Custody - Escape or attempt to escape from custody, whether within or...

§62-14-6. Delivering Custody of Prisoner - It shall be lawful and mandatory upon the warden, superintendent...

§62-14-7. Central Administrator and Information Agent - The commissioner of public institutions shall serve as the central...

Article 14A. Extradition

§62-14A-1. Extradition of Fugitives From Foreign Nations - The Governor, whenever required by the executive authority of the...

§62-14A-2. Extradition of Persons Charged With Crime in Another State or Imprisoned or Awaiting Trial in Another State - (a) Where appearing in this article, the term "Governor" includes...

§62-14A-3. Governor"s Warrant of Arrest - (a) If the Governor decides that the demand should be...

§62-14A-4. Hearing After Arrest; Application for Writ of Habeas Corpus; Arrest and Confinement of Fugitives From Another State; Bail; Persons Involved in Criminal or Civil Actions in This State - (a) No person arrested upon a warrant shall be delivered...

§62-14A-5. Return of Fugitive From This State - (a) Whenever the Governor shall demand from the executive authority...

§62-14A-6. Immunity From Service of Civil Process; Waiver of Extradition Proceedings; Nonwaiver of Rights of State; Trial on Other Charges After Return - (a) A person brought into this state by, or after...

§62-14A-7. How Costs Paid; Complainant Responsible For - When the punishment of the crime shall be the confinement...

Article 15. Drug Offender Accountability and Treatment Act

§62-15-1. Short Title - This article shall be known and may be cited as...

§62-15-2. Definitions - For the purposes of this article: (1) "Assessment" means a...

§62-15-3. Policy and Goals - The Legislature recognizes that a critical need exists in this...

§62-15-4. Court Authorization and Structure - (a) Each judicial circuit or two or more adjoining judicial...

§62-15-5. Drug Court Teams - (a) Each local jurisdiction that intends to establish a drug...

§62-15-6. Eligibility - (a) A drug offender shall not be eligible for the...

§62-15-6a. Treatment Supervision - (a) A felony drug offender is eligible for treatment supervision...

§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...

§62-15-7. Treatment and Support Services - (a) As part of any diagnostic assessments, the individual assessment...

§62-15-8. Drug Testing - (a) The drug court team shall ensure fair, accurate, and...

§62-15-9. Governance - (a) The Supreme Court of Appeals will be responsible for...

§62-15-9a. Adult Drug Court Participation Fund - (a) The special revenue fund created within the State Treasury...

§62-15-10. Program Integrity and Offender Accountability - (a) Drug courts shall collect and maintain the following information...

§62-15-11. Funding - (a) Each drug court with the guidance of the Supreme...

§62-15-12. Immunity From Liability - (a) Any individual who, in good faith, provides services pursuant...

§62-15-13. Statutory Construction - The provisions of this article shall be construed to effectuate...

Article 15A. Addiction Treatment Pilot Program

§62-15A-1. Definitions - As used in this article: “Addiction service provider” means a...

§62-15A-2. The Department of Military Affairs and Public Safety Drug Addiction Treatment Program - (a) The Department of Military Affairs and Public Safety Program....

§62-15A-3. Annual Reports - (a) The department and the court shall prepare a report...

Article 15B. Family Drug Treatment Court Act

§62-15B-1. Oversight and Implementation of Family Drug Treatment Courts - (a) The Supreme Court of Appeals of West Virginia may...

§62-15B-2. Establish Eligibility and Policies Procedures - (a) Each local family drug treatment court advisory committee shall...

Article 16. The Military Service Members Court Act

§62-16-1. Short Title - This may be cited as the Military Service Members Court...

§62-16-2. Legislative Findings - (a)(1) The Legislature recognizes that while most veterans are strengthened...

§62-16-3. Definitions - For the purposes of this article: "Assessment" means an evaluation...

§62-16-4. Court Authorization; Funding; Immunity From Liability - (a) Court authorization. — The Supreme Court of Appeals is...

§62-16-5. Eligibility; Written Agreement - (a) Eligibility. A military service member offender, who is eligible...

§62-16-6. Procedure; Mental Health and Substance Abuse Treatment; Violation; Termination - (a) Procedure. Upon application, the court shall order the offender...

§62-16-7. Program Integrity and Offender Accountability - (a) If deemed appropriate by the Supreme Court of Appeals...

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West Virginia Code Chapter 62. Criminal Procedure

West Virginia Code
Chapter 62. Criminal Procedure