WVC 62 - 8 - 8
§62-8-8. Orders and warrants for arrest of inmates; authorization
to obtain arrest warrants.
(a) Notwithstanding any provision of this code to the
contrary, the Commissioner of the Division of Corrections, or his
or her designee, may issue an order of arrest for inmates who have
been released from the custody of the division due to a clerical
error, mistake or due to the failure of a sentencing court to
timely transmit an order of commitment prior to the release of an
inmate from the commissioner's custody or to the commissioner's
custody. All law-enforcement officers shall honor and enforce
orders of arrest in the same manner afforded warrants of arrest
issued by magistrate or circuit courts notwithstanding any
provision of this code to the contrary.
(b) The Commissioner of the Division of Corrections, or his or
her designee, may file criminal complaints and obtain from a court
of competent jurisdiction an arrest warrant for any inmate under
commitment to the commissioner for service of a sentence of
incarceration who has escaped from a facility or otherwise
absconded from a furlough or temporary release.
(c) The Commissioner of the Division of Corrections, or his or
her designee, may enter such orders of arrest or warrants referred
to in this section into all criminal reporting databases and other
computerized systems utilized by law enforcement for the reporting
and apprehension of criminals and fugitives.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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