WEST virginia legislature
2019 FIRST EXTRAORDINARY session
House Bill 116
By Delegates Hanshaw (Mr. Speaker)
By Request of the Executive
[Introduced May 20, 2019]
A BILL to amend and reenact §49-4-722 of the Code of West Virginia, 1931, as amended, relating generally to persons eighteen years of age and older in the custody of the Bureau of Juvenile Services; directing notice between courts in criminal actions involving adults under the juvenile jurisdiction of the circuit court when such adults are charged or convicted of crimes while in custody of the Bureau of Juvenile Services; requiring notice of pending disposition to the circuit court with juvenile jurisdiction; prohibiting release of persons until after the court with juvenile jurisdiction holds a hearing as to future treatment of the person; and authorizing the Commissioner of the Division of Corrections and Rehabilitation to designate one or more units under his or her management to ensure that persons eighteen years of age or older under the juvenile jurisdiction of the circuit court are housed out of sight and sound of detained juveniles and incarcerated adult offenders
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. COURT ACTIONS.
§49-4-722. Conviction for offense while in custody.
(a) Notwithstanding any other provision of law to the
contrary, any person who is 18 years of age or older who is convicted as an
adult of an offense that he or she committed while in the custody of the
Bureau of Juvenile Services and who is therefor sentenced for
the conviction to a regional jail or state correctional facility for the
offense may not be returned to the custody of the division bureau
upon the completion of his or her adult sentence.
(b) Whenever a person of 18 years of age or older is charged with an offense while in the custody of the Bureau of Juvenile Services, the Bureau shall provide notice of the person’s custodial status to the court in which the charge is pending and provide notice of the pending charge to the circuit court having juvenile jurisdiction over the person.
(c) At least 10 days prior to the sentencing on a criminal charge referred to in subsection (b) of this section, the sentencing court shall provide written notice of the sentencing hearing to the Commissioner of Corrections and to the circuit court having juvenile jurisdiction over the person. The person may not be released from custody until the sentencing court has received notice from the circuit court having juvenile jurisdiction over the person that it has held the hearing required by subsection (d) of this section.
(b)(d) Prior to completion of the adult sentence specified
referenced in subsection (a) (c) of this section, the
circuit court having jurisdiction over the underlying juvenile matter shall
conduct a hearing to determine whether the person who has turned 18 years of
age shall remain in the regional jail during pendency of the underlying
juvenile matter or if another disposition or pretrial placement is appropriate
and available: Provided, That the court may not remand a child who
reached the age of 18 years to a juvenile facility or placement during the
pendency of the underlying juvenile matter.
(e) Notwithstanding the provisions of §15A-3-12(i) of this code, the Commissioner of the Division of Corrections and Rehabilitation is authorized to designate a unit in one or more institutions, either juvenile facilities, jails, or prisons, under his or her management to house adults remaining under the juvenile jurisdiction of the circuit court to ensure that such persons are not within sight or sound of juvenile detainees or adult inmates.
NOTE: The purpose of this bill is to require notices be given to relevant courts and judicial authorities when a person originally under the custody of the Bureau for Juvenile Services, but charged under the adult jurisdiction of the courts, attains the age of 18 and to provide for designated units to house such offenders out of sight and sound of juvenile detainees and adult inmates.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.