WEST virginia Legislature

2017 regular session

Introduced

House Bill 2747

By Delegates Shott, R. Miller, Kessinger, Lane, Byrd and Isner
[BY REQEUST OF THE WEST VIRGINIA SUPREME COURT OF APPEALS]

[Introduced March 1, 2017; Referred
to the Committee on the Judiciary.]

A BILL to amend and reenact §62-7-10 of the Code of West Virginia, 1931, as amended; relating generally to removing archaic language; updating the commitment order form sentencing courts are required to complete; requiring that the commitment order must contain certain information; and clarifying that the sentencing court is required to transmit the certified commitment order Commissioner of the Division of Corrections upon issuance.

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 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 a certified commitment paper Said paper shall be in the following form order like, 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

WV DIVISION OF CORRECTIONS CERTIFIED COMMITMENT ORDER

On the ______day of __________________, 20___, the prosecuting attorney/Assistant, _____________________________________, 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 WV Division of Corrections (WVDOC) for a period of: ___________________________________________________________________________.

Conviction Date:  _______________   Sentence Date: __________________

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

____________________________________________________________________________

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 the WV Regional Jail Authority until transfer into WVDOC custody. The cost of this incarceration shall be paid by the WVDOC.

Special Instructions:  ___________________________________________________________

It is ordered that the circuit clerk shall forthwith transmit a certified copy of this judgment and commitment to the WVRJA and to the Central Office Inmate Records Manager at the WVDOC by fax at 304-558-8430 or by mail at 1409 Greenbrier Street, Charleston WV 25311.

Enter this _____day of __________, 20 ___.

                                                                        ___________________________________

                                                                        Circuit Judge

NOTE: The purpose of this bill is to remove archaic language regarding commitment orders and to require that the sentencing court complete a certified commitment order in the form provided in this section or in a similar form containing the same information.  This bill also clarifies that the sentencing court is required to transmit the certified commitment order to the Commissioner of the Division of Corrections.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.