WEST virginia legislature

2017 regular session

Committee Substitute

for

Senate Bill 455

By Senators Trump, Weld, Miller and Gaunch

[Originating in the Committee on the Judiciary; reported on March 10, 2017]

A BILL to amend and reenact §62-7-10 of the Code of West Virginia, 1931, as amended, relating generally to commitment of persons to the custody of the Commissioner of Corrections; updating the commitment order form sentencing courts are required to complete when committing a person to the custody of the Commissioner of Corrections; requiring that the commitment order contain certain information; and clarifying that the circuit clerk of the court is required to transmit certified copies of the commitment order to the Commissioner of the Division of Corrections and the West Virginia Regional Jail Authority upon entry.

Be it enacted by the Legislature of West Virginia:

That §62-7-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 7. EXECUTION OF SENTENCES; STAYS.

§62-7-10. Commitment paper.

The clerk of a court in which a person is sentenced to serve a period of incarceration in a state any penal institution correctional facility in the State of West Virginia shall transmit to the warden or superintendent of said institution Commissioner of the Division of Corrections and the West Virginia Regional Jail Authority a certified commitment paper Said paper shall be in the following form order same as, or similar to, the form provided in this section.  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.

Court of ................................................................................................................................ County,

West Virginia

State of West Virginia

v.                                             No.

On this ........ day of .......... 19….. came the attorney for the state and the defendant appearing in person and It is adjudged that the defendant has been convicted (found guilty by a jury) (upon plea of guilty) of the offense of .............. as charged ............. and the Court having asked the defendant whether he (she) has anything to say why judgment should not be pronounced, and no sufficient cause to the contrary being shown or appearing to the Court, It is adjudged that the defendant is guilty as charged and convicted. It is adjudged that the defendant is hereby committed to the custody of the Warden of the West Virginia Penitentiary (Superintendent of the West Virginia State Prison for Women) or his or her (her) authorized representative for imprisonment for a period of .........................

Conviction Date:

Sentence Date:

Effective Sentence Date:

It is adjudged that..............................................................................................................................

It is ordered that the Clerk forthwith transmit this record, duly certified, of the judgment and commitment to the Warden of the West Virginia Penitentiary (Superintendent of the West Virginia State Prison for Women) and that this record serve as the commitment of the defendant.

............................ County,

...................................

Judge

A true copy. Certified this ....... day of ........, 19..

…..........................

Clerk

 (Seal)

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 CERTIFIED 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 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. The court further orders that the cost of this incarceration shall be paid by the Commissioner from the date of entry of this order forward.

Special Instructions:  ___________________________________________________________

It is further ordered that the Circuit Clerk shall forthwith 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 by facsimile at (fax number) or by mail at (street address).

Enter this _____day of __________, 2____.

                                                                        ___________________________________

                                                                        Circuit Judge