H. B. 4517
(By Delegates Givens, Douglas, Fleischauer,
Staton and Riggs)
[Introduced February 18, 2002; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section thirteen-a, article five,
chapter forty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to examination,
diagnosis and classification of juveniles and increasing the
time of the period of custody.
Be it enacted by the Legislature of West Virginia:
That section thirteen-a, 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.
§49-5-13a. Examination, diagnosis and classification; period of
custody.
As a part of the dispositional proceeding for a juvenile who has been adjudicated delinquent, the court may, upon its own motion
or upon request of counsel, order the juvenile to be delivered into
the custody of the director of the division of juvenile services,
who shall cause the juvenile to be transferred to a juvenile
diagnostic center for a period not to exceed thirty sixty days.
During this period, the juvenile shall undergo examination,
diagnosis, classification, and a complete medical examination and
shall at all times be kept apart from the general juvenile inmate
population in the director's custody. Not later than thirty sixty
days after commitment pursuant to this section, the juvenile shall
be remanded and delivered to the custody of the director, an
appropriate agency or any other person that the court by its order
directs. Within ten days after the end of the examination,
diagnosis and classification, the director of the division of
juvenile services shall make or cause to be made a report to the
court containing the results, findings, conclusions and
recommendations of the director with respect to that juvenile.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.