WVC 28 - 1 - 7
§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.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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