§62-13-5. Commitments; transfers.
All adult persons sentenced by a court to serve a sentence of
incarceration in a penitentiary, prison or a correctional
institution under the jurisdiction of the commissioner of
corrections shall be deemed to be sentenced to the custody of the
commissioner of the division of corrections. The commissioner, or
his or her designee, has the authority to and may order the
transfer of any such adult to any appropriate institution within
the division of corrections or within the department of military
affairs and public safety. The commissioner has full discretionary
authority to contract with any county jail, regional jail or other
appropriate facility or institution for the incarceration and care
of adult inmates.
The commissioner, or his or her designee, may transfer any
adult prisoner or inmate who is mentally disturbed and who would
more appropriately be treated in an institution under the
jurisdiction of the division of health, to the division, subject to
the approval of the director of health; and may transfer any adult
prisoner or inmate to an appropriate mental facility for
specialized medical treatment.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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