(a) The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by the Regional Jail Authority to assist magistrates and circuit courts in making pretrial decisions under article one-c of this chapter.
(b) Unless otherwise directed by the court, the probation
officer shall, in the form adopted by the Supreme Court of Appeals
of West Virginia, make a careful investigation of, and a written
report with recommendations concerning, any prospective
probationer. Insofar as practicable, this report shall include
information concerning the offender's court and criminal record,
occupation, family background, education, habits and associations,
mental and physical condition, the names, relationship, ages and
condition of those dependent upon him or her for support and any
other facts that may aid the court in determining the propriety and
conditions of his or her release on probation. A person convicted
of a felony or of any offense described in article eight-b or
eight-d, chapter sixty-one of this code against a minor child may
not be released on probation until this report has been presented
to and considered by the court. The court may request a report
concerning any person convicted of a misdemeanor. The presentence
report of any person convicted of an offense, described in said
articles or section twelve, article eight of said chapter, may
include a statement from a therapist, psychologist or physician who is providing treatment to the child. A copy of all reports shall
be filed with the Parole Board.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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