If, in the opinion of the warden, the young adult offender is an unfit person to remain in the center, the offender shall be returned to the committing court to be dealt with further according to law. The offender is entitled to a hearing before the committing court to review the warden's determination. The standard for review is whether the warden, considering the offender's overall record at the center and the offender's compliance with the center's rules, policies, procedures, programs and services, abused his or her discretion in determining that the offender is an unfit person to remain in the center. At the hearing before the committing court, the state need not offer independent proof of the offender's disciplinary infractions contained in the record of the center when opportunity for an administrative hearing on those infractions was previously made available at the institution. If the court upholds the warden's determination, the court may sentence the offender for the crime for which the offender was convicted. In his or her discretion, the judge may allow the defendant credit on the sentence for time the offender spent in the center.
A young adult offender shall be returned to the jurisdiction
of the court which originally committed the offender when, in the
opinion of the warden, the young adult offender has satisfactorily
completed the center training program. The offender is then
eligible for probation for the offense the offender was convicted
of or plead guilty to and the judge of the court shall immediately
place the offender on probation. If the court finds there is
reasonable cause to believe that the offender has engaged in new
criminal conduct between his or her release from the center and the sentencing hearing for the crime for which the offender was ordered
to the center, the judge may sentence the offender for the crime
for which the offender was first convicted, with credit for the
time spent at the center. In the event the offender's probation is
subsequently revoked, the judge shall impose the sentence the young
adult offender would have originally received had the offender not
been committed to the center and subsequently placed on probation.
The court shall, however, give the offender credit on his or her
sentence for the time spent in the center.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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