Senate Bill No. 262
(By Senators Kessler and Mitchell)
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[Introduced January 21, 2002; 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 two, article five-a, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to permitting a
court or juvenile referee to detain a child who is a danger
to self or others.
Be it enacted by the Legislature of West Virginia:
That section two, article five-a, 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 5A. JUVENILE REFEREE SYSTEM.
§49-5A-2. Investigation and release of child taken into custody;
detention hearings.
A child who has been arrested or who under color of law is
taken into the custody of any officer or employee of the state or any political subdivision thereof shall be forthwith afforded
a hearing to ascertain if such child shall be further detained.
In connection with any such hearing, the provisions of article
five of this chapter shall apply. It shall be the duty of the
judge or referee to avoid incarceration of such child in any
jail. Unless the circumstances of the case otherwise require,
taking into account the welfare of the child as well as the
interest of society, such child shall be released forthwith into
the custody of his or her parent or parents, relative, custodian
or other responsible adult or agency: Provided, That the judge
or referee may further detain a child upon a finding that the
child is a danger to self or others.
NOTE:
The purpose of this bill is to
provide for the
detention of a juvenile upon a finding that the child is a
danger to self or others.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.