HB3018 HFA Eldridge, Love and Marcum 3-24

                Delegates Eldridge Love and Marcum move to amend the bill on page one, by striking out the enacting section and inserting in lieu thereof, the following:

                “That §49-4-722 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §61-2-10b of said code be amended and reenacted, all to read as follows:”

                And,

                On page 1, line 1, by inserting the following:

“CHAPTER 49. CHILD WELFARE.

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 eighteen 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 Division of Juvenile Services and who is therefor sentenced to a regional jail or state correctional facility for the offense may not be returned to the custody of the division upon the completion of his or her adult sentence until a hearing is held before the court which committed the person to the custody of the Division of Juvenile Services at which hearing the division may present any objections it may have to return the person to its custody. If the division does object and the court overrules the division's objections, it shall make specific written findings as to its rationale for overruling the objections.

(b) No person who is eighteen years of age or older who is convicted as an adult of a felony crime of violence against the person while in the custody of the Division of Juvenile Services be returned to the custody of the Division of Juvenile Services upon completion of his or her adult sentence.

(c)    If a person is eighteen years of age or older and is detained in a juvenile facility, upon a charge of malicious assault, unlawful assault, assault or battery of a juvenile in the facility pursuant to article two, chapter sixty-one of this code, the person shall be removed from the  custody of  juvenile services and placed in a correctional facility, and if convicted, shall complete the remainder of  any sentences  at  a correctional  facility.”