West Virginia Code
1 - PRELIMINARY PROCEDURE
1A - SEARCH AND SEIZURE
1B - DISCOVERY
1C - BAIL
1D - WIRETAPPING AND ELECTRONIC SUR
1E - EYEWITNESS IDENTIFICATION ACT
1F - ELECTRONIC INTERCEPTION OF PER
1G - SUBPOENA POWERS FOR AID OF CRI
2 - PRESENTMENTS AND INDICTMENTS
3 - TRIAL OF CRIMINAL CASES
4 - RECOVERY OF FINES IN CRIMINAL C
5 - COSTS IN CRIMINAL CASES
62 - 5 - 1
62 - 5 - 2
62 - 5 - 3
62 - 5 - 4
62 - 5 - 5
62 - 5 - 6
62 - 5 - 7
62 - 5 - 8
62 - 5 - 9
62 - 5 - 10
6 - MISCELLANEOUS PROVISIONS CONCER
6A - SECURING ATTENDANCE OF NONRESI
6B - PROTECTION AND PRESERVATION OF
7 - EXECUTION OF SENTENCES; STAYS
8 - CRIMES BY AND PROCEEDINGS AGAIN
9 - FORMS OF INDICTMENTS
10 - PREVENTION OF CRIME
11 - FRESH PURSUIT
11A - RELEASE FOR WORK AND OTHER P
11B - HOME INCARCERATION ACT
11C - THE WEST VIRGINIA COMMUNITY
11D - HEIGHTENED EXAMINATION AND S
11E - SEXUALLY VIOLENT PREDATOR MA
11F - PRETRIAL RELEASE PROGRAMS
12 - PROBATION AND PAROLE
13 - CORRECTIONS MANAGEMENT
14 - AGREEMENT ON DETAINERS
15 - DRUG OFFENDER ACCOUNTABILITY
15A - ADDICTION TREATMENT PILOT PR
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 5. COSTS IN CRIMINAL CASES.
Sections sixteen and seventeen of article one, and section sixteen of article two, chapter fifty-nine of this code shall apply to a person attending as a witness under a recognizance or summons in a criminal case whether the same be a felony or misdemeanor, as well as to a person attending under a summons in a civil case, except that in a criminal case, a person residing out of this state, who attends a court therein as a witness, shall be allowed by such court a proper compensation for attendance and travel to and from the place of his abode; the amount of the same to be fixed by such court. Such compensation and other allowances shall, in all criminal cases be paid out of the treasury of the state.
The sum to which a witness is entitled who attends for the state, and any other legal charges incurred in a case wherein there is a prosecutor, shall be paid by such prosecutor as if he were the plaintiff in the case, unless there be a judgment against the defendant, in which case the same shall be taxed in the costs and paid to the persons entitled thereto, by the sheriff or other officer who may receive the same.
Acts, 1975 Reg. Sess., Ch. 126.
A sheriff or other officer, for traveling out of his county to execute process in a case of felony and, doing any act in the service thereof for which no other compensation is provided, shall receive therefor, out of the treasury, such compensation as the court from which the process issued may certify to be reasonable. When in such case an officer renders any service for which no specific compensation is provided, the court in which the case may be, may allow therefore what it deems reasonable, and such allowance shall be payable out of the treasury.
The certificate required by section fifteen, article one, chapter fifty-nine of this code shall be made by the court in which the prosecution is, or to which the justice certifies, as hereinafter mentioned. Any other expense incident to a proceeding in a criminal case, which is payable out of the treasury, otherwise than under the preceding section, shall be certified by such court unless otherwise provided. With such certificate of allowance, there shall be transmitted to the Auditor the vouchers on which it is made.
The entry of such certificate shall state how much thereof is on account of each person prosecuted.
A justice before whom there is any proceeding in a criminal case, preliminary to prosecution in a circuit court or other court of record having jurisdiction in criminal cases, shall certify to the clerk of such court all the expenses incident to such proceeding which are payable out of the treasury.
In every criminal case the clerk of the court in which the accused is convicted shall, as soon as may be, make up a statement of all the expenses incident to the prosecution, including such as are certified to him by a justice under the preceding section; and execution for the amount of such expenses shall be issued and proceeded with, and article four of this chapter shall apply thereto in like manner as if, on the day of completing such statement, there was judgment in such court in favor of the state against the accused for such amount as a fine.
If, by reason of the failure of a person to present his claim in due time, a sum be not included in such execution, which would have been included if so presented, such claim, unless there be good cause shown for the failure, shall be disallowed.
No fee to any prosecuting attorney shall be payable out of the treasury, unless it be expressly provided. And in no case shall there be a judgment against the state for costs.
(a) Every circuit court shall assess, in every felony criminal matter as a cost to the defendant, an assessment in the sum of $75 for each felony count of conviction. The assessment referred to herein shall be paid upon adjudication of guilt unless the court determines that the defendant is unable to pay in such a manner in which case payment of the assessment shall be paid prior to final disposition. If the circuit court determines that a defendant is financially unable to pay the assessment prior to final disposition, payment of the assessment shall be a mandatory condition of probation or parole.
(b) The clerk of the circuit court wherein the assessment is imposed under the provisions of subsection (a) of this section shall, on or before the last day of each month, transmit all costs received pursuant to this section to the State Treasurer for deposit as follows: Fifty dollars to the credit of the crime victims compensation fund created by the provisions of section four, article two-a, chapter fourteen of this code and $25 to the credit of the West Virginia community corrections fund created by the provisions of section four, article eleven-c of this chapter.