§62-7-10. Prison Commitment ~~paper~~ order.

The clerk of a circuit court in which a person is sentenced to serve a period of incarceration in a state ~~correctional facility~~ prison shall transmit to the Commissioner of the Division of Corrections and ~~the West Virginia Regional Jail Authority~~ Rehabilitation a certified commitment order in the ~~same as, or similar to, the~~ form provided for in this section. A person may not be committed to a prison unless the commitment order is signed by the circuit judge with jurisdiction over the matter. The amendments to this section enacted during the 2019 regular session of the Legislature are effective July 1, 2019. ~~If a commitment order in a form other than the one provided in this section is issued, the commitment order is required, at a minimum, to contain the same information.~~

IN THE CIRCUIT COURT OF ____________________COUNTY, WEST VIRGINIA

State of West Virginia

v. circuit court Case No.___________________

Defendant: ______________________________

DOB: ________________ SSN: XXX-XX-______ Gender: _____Male/______Female

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED PRISON COMMITMENT ORDER

On the ______day of __________________, 20___, the State of West Virginia, by _____________________________________, and the defendant appeared in person and with counsel,________________________________________________.

The defendant has been convicted of the following offense(s):

_____________________________________________________________________

The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of: ___________________________________________________________________________.

Conviction Date: _______________ Sentence Date: __________________

Effective Sentence Date: _____________ Resentence Date: _____________________ Consecutive to: ____ Concurrent with:

____________________________________________________________________________

Credit for Jail/Prison Time Served: ______days Credit for Home Incarceration: ______days

Credit for Home Incarceration Parole: ______days Other NonPenal Credit: ________days

Additionally, the court finds:

________________________________________________________________________

The defendant shall be transported to and held in a ~~West Virginia Regional Jail Authority~~ facility ~~until transfer into the physical custody of the Commissioner~~ under the control of the Commissioner of the Division of Corrections and Rehabilitation. The court further orders that the cost of incarceration in the ~~regional~~ jail pending transfer shall be paid by the Commissioner ~~from the date entry of this order forward~~ consistent with the provisions of §15A-3-16 of this code.

Special Instructions: ___________________________________________________________

It is further ordered that the Circuit Clerk shall immediately transmit a certified copy of this commitment order to the ~~West Virginia Regional Jail Authority and to the~~ Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).

Enter this _____day of __________, 2____.

___________________________________

Circuit Judge

§62-7-10a. Jail Commitment order.

The clerk of a circuit court or magistrate court in which a person is sentenced to serve a period of incarceration in a jail facility under the control of the Commissioner of Corrections and Rehabilitation shall transmit to the Commissioner of the Division of Corrections and Rehabilitation a certified commitment order in the form provided for in this section. A person may not be committed to a jail unless the commitment order is signed by the circuit court judge or magistrate with jurisdiction over the matter. The amendments to this section enacted during the 2019 regular session of the Legislature are effective on July 1, 2019.

IN THE CIRCUIT/MAGISTRATE COURT OF ____________________COUNTY, WEST VIRGINIA

State of West Virginia

v. circuit/magistrate court Case No.___________________

Defendant: ______________________________

DOB: ________________ SSN: XXX-XX-______ Gender: _____Male/______Female

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED JAIL COMMITMENT ORDER

The defendant has been convicted of the following offense(s):

_____________________________________________________________________

The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of: __________________________________________________________________________.

Conviction Date: _______________ Sentence Date: __________________

Effective Sentence Date: _____________ Resentence Date: _____________________ Consecutive to: ____ Concurrent with:

____________________________________________________________________________

Credit for Time Served: ______days Credit for Home Incarceration: ______days

Credit for Home Incarceration Parole: ______days Other NonPenal Credit: ________days

Additionally, the court finds:

______________________________________________________________________

The defendant shall be transported to and held in a jail facility for the prescribed period of confinement in accordance with law. The court further orders that the cost of incarceration of misdemeanants sentenced to confinement in a jail shall be paid in accordance with the provisions of §15A-3-16 of this code.

Special Instructions: ___________________________________________________________

It is further ordered that the Circuit Clerk or Magistrate Court Clerk shall immediately transmit a certified copy of this commitment order to the Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).

Enter this _____day of __________, 2____.

___________________________________

Circuit Judge/Magistrate