H. B. 2790
(By Delegates Manuel, Warner, Pino and Renner)
[Introduced January 30, 2003
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article five, chapter forty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
sixteen-b, relating to juveniles; and providing that certain
juveniles not be returned to the custody of the division of
juvenile services.
Be it enacted by the Legislature of West Virginia:
That article five, chapter forty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
sixteen-b, to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-16b. Conviction for offense while in custody.
Notwithstanding any other provision of law to the contrary,
any person who is eighteen years old or older who is convicted of an offense that he or she committed while in the custody of the
division of juvenile services and who is thereafter sentenced to
the regional jail, shall not be returned to the custody of the
division upon the completion of his or her sentence.
NOTE: The purpose of this bill is to prohibit the return of
a juvenile eighteen years old or older to the Division of Juvenile
Services after having been convicted of an offense committed while
in custody and serving a sentence in an adult jail.
This section is new; therefore, strike-throughs and
underscoring have been omitted.