WVC 49 - 5 - 16 B
§49-5-16b. Conviction for offense while in custody.
Notwithstanding any other provision of law to the contrary,
any person who is eighteen years of age or older who is convicted
as an adult of an offense that he or she committed while in the
custody of the division of juvenile services and who is therefor
sentenced to a regional jail or state correctional facility for
said offense may not be returned to the custody of the division
upon the completion of his or her adult sentence until a hearing is
held before the court which committed the person to the custody of
the division of juvenile services at which hearing the division may
present any objections it may have to return the person to its
custody. If the division does object and the court overrules the
division's objections, it shall make specific written findings as
to its rationale for overruling the objections: Provided
, That no
person who is eighteen years of age or older who is convicted as an
adult of a felony crime of violence against the person while in the
custody of the division of juvenile services be returned to the
custody of the division of juvenile services upon completion of his
or her adult sentence.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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