(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.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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