(a) Appropriate inmates may participate in the boot camp program in accordance with the following criteria:
(1) One who is not less than eighteen years of age nor more than twenty-eight years of age;
(2) One who is medically, physically and psychologically fit to participate in the program;
(3) One who volunteers for the program;
(4) One who has been convicted of a felony and has been sentenced to the custody of the commissioner of corrections for a period of incarceration of not less than one year;
(5) One who was not convicted of murder in the first degree or murder in the second degree;
(6) One who was not convicted of kidnapping;
(7) One who was not convicted of first or second degree sexual assault;
(8) One who was not convicted of any offense pursuant to article eight-d, chapter sixty-one of this code;
(9) One who was not convicted of incest;
(10) One who has not been previously convicted of a felony; and
(11) Such other criteria as the commissioner of the division of corrections may promulgate pursuant to chapter twenty-nine-a of this code.
(b) The circuit court of conviction may direct that a person be admitted or excluded from participation in the state boot camp program. The commissioner, pursuant to operational policies and procedures, may in his discretion, direct placement of an inmate in a boot camp program.
(c) Any placement in the boot camp shall be subject to the extent funding is available or appropriated and subject to the availability of space in the boot camp: Provided, That nothing in this section shall give any court the power to hold the division of corrections or any officer or employee of the division in contempt of court for failure to adhere to a circuit court directive that a person be placed in the state boot camp program if space or funding is unavailable.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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