§61-5-12a. Escape from custody of the commissioner of corrections.
Any person who escapes from the custody of the commissioner of
corrections, regardless of where such person is confined or where
such escape occurs, is guilty of a felony, and, upon conviction
thereof, shall be imprisoned in the penitentiary not more than five
years. A term of imprisonment imposed pursuant to the provisions
of this section shall be imposed as a consecutive sentence and
shall not be served concurrently with any imprisonment, confinement
or detention imposed under any prior sentence being served or
otherwise being discharged at the time such person commits an
offense under the provisions of this section. A person charged
with an offense under the provisions of this section shall not be
released from the custody of the commissioner of corrections while
the prosecution of the alleged offense is pending: Provided,
time served by such person after any other prior sentence has been
served or otherwise discharged shall be applied to any sentence
which may ultimately be imposed for an offense under this section.
Venue for the prosecution of a violation of this section shall be
in the county in which the escape occurs.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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