(1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;
(2) The underlying offense involves an offense that requires registration as a sex offender pursuant to the article twelve, chapter fifteen of this Code;
(3) The drug offender has a prior felony conviction in this state or another state for a felony crime of violence; or
(4) The drug offender has a prior conviction in this state or another state for a crime that requires registration as a sex offender pursuant to article twelve, chapter fifteen of this Code.
(b) Eligible offenses may be further restricted by the rules of a specific drug court program.
(c) Nothing in this section shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.