WEST virginia legislature
2016 regular session
Committee Substitute
for
House Bill 4633
By Delegates Eldridge, Ambler, Skinner, P. White,
Butler, J. Nelson, Phillips, Marcum, B. White,
Storch and Summers
[Originating in the Committee on the Judiciary]
A BILL to amend and reenact §49-4-720 and §49-4-722 of the Code of West Virginia, 1931, as amended, all relating to requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday; requiring transfer of juvenile in adult jurisdiction upon reaching eighteen years of age if he or she has either been convicted or is in a pretrial status; directing the Division of Juvenile Services to notify the circuit court of the age of a juvenile reaching the age of eighteen years of age; authorizing the circuit court to conduct a hearing as to alternative placement; mandating that the position of victim be taken under consideration by the court in considering disposition or alternative placement; prohibiting juveniles that commit an adult offense while under the custody of the Division of Juvenile Services from returning back to the placement in a juvenile facility if the juvenile has attained the age of eighteen years; and requiring the court to conduct a hearing as to placement of a juvenile that has turned eighteen years of age and is remanded back to the custody of the Division of Juvenile Services after completion of an adult sentence.
Be it enacted by the Legislature of West Virginia:
That §49-4-720 and §49-4-722 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. court actions.
'49‑4‑720. Prohibition on committing juveniles
to adult facilities; copy provided to juvenile.
(a) No juvenile, including one who has been transferred to
criminal jurisdiction of the court, shall may be detained or
confined in any institution in which he or she has contact with or comes within
sight or sound of any adult persons incarcerated because they have been
convicted of a crime or are awaiting trial on criminal charges or with the
security staff (including management) or direct‑care staff of a jail or
locked facility for adults.
(b) No child who has been convicted of an offense under the
adult jurisdiction of the circuit court shall be held in custody in a
correctional facility of this state while under the age of eighteen years.
The Division of Juvenile Services shall be responsible for notifying the
sentencing court within forty‑five days of the child=s eighteenth birthday that the child will be turning
eighteen years of age. Within ten days of the child=s Upon the child
reaching his or her eighteenth birthday, the court shall transfer the
offender to an adult correctional facility or to any other disposition the
court deems appropriate for adult offenders. Notwithstanding any other
provision of this code to the contrary, prior to the transfer the child shall
be returned to the sentencing court for the purpose of reconsideration and
modification of the imposed sentence, which shall be based upon a review of all
records and relevant information relating to the child's rehabilitation since
his or her conviction under the adult jurisdiction of the court. The sentencing court, on motion of any party or its
own, may conduct a hearing to determine whether the child that has been
transferred to adult jurisdiction and turned eighteen years of age shall remain
in the adult correctional facility or regional jail or if another disposition
or pretrial placement available to adult offenders is appropriate and
available: Provided, That the court may not remand such child having
reached the age of eighteen years to a juvenile facility or placement with
other juveniles.
(c) In any hearing conducted by the court under this section, the victim, if any, of the offender’s convicted or charged crime shall be invited to attend the hearing and the victim’s position shall be given due consideration by the court in deciding to continue placement in an adult facility or any other alternative disposition or pretrial placement. The court may accept the position of the victim from a victim’s designee if the victim is deceased, lacks capacity, a minor or for any other reason considered appropriate or warranted by the court.
'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. Prior to completion of the adult sentence
specified in subsection (a), the circuit court having jurisdiction over the
underlying juvenile matter shall conduct a hearing to determine whether the
child that has turned eighteen 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 such child having reached the age of eighteen years to a
juvenile facility or placement during the pendency of the underlying juvenile
matter.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.