CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
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ARTICLE 1. COMMITMENT OF YOUTHFUL MALE OFFENDERS.
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§28-1-1. Care of youthful male offenders.
The state commissioner of corrections shall be charged with
the care, training and reformation of male youths of the state
committed to his custody. Education of the male youths is subject
to the provisions of section thirteen-f, article two, chapter
eighteen of this code. All state facilities and institutions for
such purpose shall be managed and controlled as prescribed in
article one, chapter twenty-five of this code.
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§28-1-2. Commitment; age limits; physical, educational and
psychological examinations; admission; transfer and
(a) Any male youth between the ages of ten and eighteen years
may be committed to the custody of the commissioner of corrections
by a circuit court of this state in the manner prescribed in
article five, chapter forty-nine of this code; and further, any
male youth who has been adjudged delinquent pursuant to subdivision
one, section four, article one, chapter forty-nine of this code,
who, as a result thereof, was placed on probation and has been
found, in a proceeding pursuant to the procedural requirements of
article five, chapter forty-nine of this code, to have violated a
term of probation, prior to the attainment of his twentieth
birthday, which constitutes a criminal offense, may be committed to
the custody of the commissioner of corrections as a youthful
(b) Every youth committed hereunder shall, following the
dispositional proceeding, be transferred to the place or places
designated by the commissioner of corrections for complete
physical, educational and psychological examinations, including all
appropriate tests, to be completed as soon as possible, the
completion of the physical examinations to be within twenty days.
Such youth shall be housed in a manner so as to prevent the spread
of infectious disease. Following disposition and prior to transfer
to the custody of the commissioner of corrections, each youth shall
be allowed to visit with his relatives, without being committed to
jail for a period of not less than one hour. The cost of the examinations herein shall be borne by the committing county. The
youth shall be provided all treatment and rehabilitation indicated
by such examinations.
In lieu of the physical examinations and tests provided for
herein, the court may, in the absence of objection, have the county
health officer or other local health care facility perform physical
and mental examinations and tests, so long as such examinations and
tests are performed prior to the dispositional proceeding. Except
as otherwise provided by law, no child shall be committed to a jail
following a dispositional proceeding solely to await a physical,
educational or mental examination or the results thereof.
(c) All such examinations shall be private. No youth who is
mentally ill or significantly mentally retarded shall be committed
to, or retained by, the commissioner of corrections, but shall be
returned to the committing court for further disposition. No youth
who has a serious infectious disease shall be retained in the
custody of the commissioner of corrections, but shall be
transferred to an appropriate treatment facility. Detailed
medical records shall be kept of every youth.
(d) The results of any such physical, educational and
psychological examinations, together with a copy of the petition,
the adjudicatory order and the dispositional order shall accompany
every youth committed to the commissioner of corrections, without
which such youth shall not be accepted. The commissioner, or his
designated representative, shall review the records of each youth
committed to assure that no youth is illegally detained in an
inappropriate facility or custodial situation.
(e) The commissioner of corrections shall have the authority
to transfer and place such youth in any of the centers or homes or
halfway programs which shall be established, and in less
restrictive settings, whether under his jurisdiction or private
nonprofit residential facilities, as he may deem appropriate to
promote the rehabilitation of such youth. To the extent possible,
no youth under the age of fifteen shall be in regular contact with
youths between the ages of sixteen and eighteen.
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Acts, 1980 Reg. Sess., Ch. 30.
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§28-1-4. Conveyance of boys; expenses.
As soon as practicable after a youth, on any account, is
committed to the custody of the state commissioner of public
institutions, the papers in the case shall be mailed to the
superintendent of the receiving youth facility, and such youth
shall remain in the custody of the court pronouncing such
commitment until he be delivered to an officer of the receiving
youth facility, who shall be sent without delay and duly
authorized by the superintendent to conduct such youth by the
most direct and convenient route to said facility; but no youth
committed to any facility shall be lodged in any jail or lockup,
if he be under the age of sixteen years. The superintendent of a
facility shall, insofar as is consistent with the safe conveyance
of youths to the facility, cause as many youths as may be
committed from the same or several counties to be conducted to
the facility at the same time. The expense incurred in
conducting a youth to a youth facility, including transportation
and other necessary traveling expenses of the youth and of his
conductor, shall be paid by the county court out of the treasury
of the county from which the youth was committed to the facility,
and a written statement of such necessary expenditures, fully
itemized and sworn to by the officer making such expenditures,
and attested by the superintendent of the facility, when
presented to any county court, shall be a bill against such
court, to be paid to the receiving facility and credited to that
fund of the facility from which the original expenditure was
made; but when two or more youths shall be so conducted from more than one county, the necessary expenditure on the personal
account of the conductor shall be apportioned among the counties
concerned in due proportion to the mileage traveled by the youths
from their respective counties.
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§28-1-5. Rules and regulations.
The state commissioner of corrections shall have authority to
make such rules and regulations for the management and government
of the facilities for youthful offenders under his control, and the
instruction, discipline, training, employment and disposition of
the boys and their transportation to and from the various
facilities, subject to section thirteen-f, article two, chapter
eighteen of this code, as the commissioner may deem proper.
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§28-1-6. Discharge or parole; arrest and return of paroled boys.
The state commissioner of public institutions shall have
authority, under such rules and regulations as the commissioner
may prescribe, to grant, on the recommendation of the
superintendent, a discharge or parole to any inmate of any of the
various facilities; but while such inmate is on parole, and until
he is discharged according to law, he shall remain in the legal
custody of the commissioner of public institutions and subject at
any time to be returned to physical custody, if in the judgment
of the commissioner the interests of such paroled inmate will
best be served thereby. The written order of said commissioner,
countersigned by the superintendent, shall be sufficient warrant
for any officer or person named therein to arrest and return to
the facility the youth so paroled; and it shall be the duty of
any such officer or person to arrest and return such youth to the
facility. All actual expenses incurred in returning such youth
to the facility shall be paid out of the funds appropriated for
the maintenance of the facility.
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§28-1-7. Transfer of boys to and from penitentiary.
In any case where a youth is committed to any youth facility
for an offense punishable by confinement in the penitentiary, and
it is found by the state commissioner of public institutions that
the youth facility is unable to benefit such youth, and that his
presence is a detriment or menace to other youths in the
institution, or to the general good of the facility, he may be
returned to the court by which he was committed to the facility,
and such court shall thereupon pass such sentence upon him as to
confinement in the penitentiary as may be proper in the premises,
or as it might have passed had it not committed him as a youthful
offender. The governor shall have power, when, in the judgment
of the warden of the penitentiary and of the superintendent of
the facility, it is advisable, to remit the penalty of any
offender under the age of eighteen years confined in the
penitentiary to a commitment to a youth facility.
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§28-1-8. Offenses relating to youth facilities; penalties;
escape; arrest and return.
If any person shall entice or attempt to entice away from
any youth facility any youth legally committed to the same, or
shall aid or abet any youth to escape therefrom, or shall harbor,
conceal or aid or abet in harboring or concealing, any youth who
shall have escaped therefrom, or shall, without the permission of
the superintendent, give or sell, or aid or abet any other person
to give or sell, to any youth in the youth facility, whether on
the premises of such institution or otherwise, any money,
firearms, intoxicating drinks, tobacco, cigarettes, or other
articles whatsoever, or shall in any way cause or influence, or
attempt to cause or influence or aid or abet therein, any youth
in the youth facility to violate any rule of the institution or
to rebel against the government of said facility in any
particular, or shall receive by the hands of any such youth
anything of value, whether belonging to the state or otherwise,
such person shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than ten, nor more
than one hundred dollars, or be confined not more than twelve
months in the county jail, or, in the discretion of the court,
both fined and imprisoned. The superintendent, or any of his
assistants, or any one authorized in writing by him, or any
sheriff, constable, policeman or other peace officer, shall have
power, and it is hereby made his duty, to arrest any youth, when
in his power to do so, who shall have escaped from said facility,
and return him thereto.
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Acts, 1990 Reg. Sess., Ch. 56.
WVC 28 - 1 - 10
Acts, 1990 Reg. Sess., Ch. 56.
WVC 28 - 1 - 11
Acts, 1990 Reg. Sess., Ch. 56.
Note: WV Code updated with legislation passed through the 2012 1st Special Session