Senate Bill No. 249
(By Senator Dittmar)
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[Introduced March 1, 1993; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section fifteen, article five,
chapter forty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the appointment of juvenile probation officers and their
staff; transferring the authority to appoint, manage and
control juvenile probation officers from the state
department of health and human services to the supreme court
of appeals; providing for salary, expenses and office
facilities; and establishing authority and duties.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article five, chapter forty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-15. Juvenile probation officers; appointment; salary;
facilities; expenses; duties; expenses; powers.
(a) The commissioner of the state department shall, with theapproval of the court, designate an employee of the state
department to act as a juvenile probation officer, and when
required one or more employees of the state department to act as
assistant to such probation officer, and such employee or
employees, when so assigned, shall perform their duties under the
sole supervision and control of the court. There shall be at
least one such juvenile probation officer assigned to each
county, but a juvenile probation officer may be assigned to more
than one county. A juvenile probation officer shall not be
considered to be a law-enforcement official under any provision
of this chapter.
The foregoing provisions of this section shall not be
construed as abrogating or affecting in any way the power and
authority vested in any court, subject to the approval of and in
accordance with the rules of the supreme court of appeals, to
select, supervise and discharge its own probation officers and
assistants thereto.
Each circuit court, subject to the approval of the supreme
court of appeals and in accordance with the rules of the supreme
court of appeals shall appoint one or more juvenile probation
officers and clerical assistants for the circuit. A probation
officer or clerical assistant may not be related by consanguinity
or affinity to any judge of the appointing court.
The salary for juvenile probation officers and clerical
assistants shall be determined and fixed by the supreme court of
appeals. All expenses and costs incurred by the juvenileprobation officers and their staff shall be paid by the supreme
court of appeals in accordance with its rules. The county
commission of each county shall provide adequate office
facilities for juvenile probation officers and their staff. All
equipment and supplies required by juvenile probation officers
and their staff shall be provided by the supreme court of
appeals.
A juvenile probation officer shall not be considered a law-
enforcement official under any provision of this chapter.
(b) The clerk of a court shall notify, if practicable, the
chief probation officer of the county, or his or her designee,
when a child is brought before the court or judge. When
notified, or if the probation officer otherwise obtains knowledge
of such the fact, he or one of his assistants shall:
(1) Make investigation of the case;
(2) Furnish such information and assistance as the court or
judge may require; and
(3) Take charge of the child before and after the trial, as
may be directed by the court or judge.
NOTE: The purpose of this bill is to transfer the control
of juvenile probation services to the supreme court of appeals.
It also regulates the appointment of juvenile probation officers
and establishes salary and expense guidelines.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.