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Introduced Version House Bill 2701 History

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hb2701 intr
H. B. 2701


(By Delegates Shaver, Argento and Perry)
[Introduced February 20, 2009; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-5-12b, relating to an escape of any person from the custody of the Director of Juvenile Services as a delinquent or felonious act, both of which shall be subject to the jurisdiction of the circuit court, as well as providing for criminal penalties.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-5-12b, to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-12b. Escape from custody of the Director of Juvenile Services.
(a) Any person who escapes from the custody of the Director of Juvenile Services, regardless of where such person is confined or where such escape occurs, may, on the order of the superintendent, director, or other officer of such institution or facility, be arrested and returned to such institution or facility, or to any officer or agent thereof, by any sheriff, police officer or other person, and may also be arrested and returned by any officer or agent of such institution, private prison or facility.
(b) Any person, under the age of eighteen years of age, who escapes from the custody of the Director of Juvenile Services, regardless of where such person is confined or where such escape occurs shall have committed a delinquent act and subject to the jurisdiction, pursuant to section two, article five, chapter forty-nine of this code of the circuit court of the county in which the escape occurred. Upon agreement, the prosecution of the escape may be transferred to the circuit court from which the juvenile was originally committed.
(c) Any person, over the age of eighteen years of age and/or has been transferred to the adult jurisdiction of the committing court, who escapes from the custody of the Director of Juvenile Services, regardless of where such person is confined or where such escape occurs is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not more than five years. A term of imprisonment imposed pursuant to this section shall be imposed as a consecutive sentence and shall not be served concurrently with any imprisonment, confinement or detention imposed under any prior sentence being served or otherwise being discharged at the time such person commits an offense under the provisions of this section. The time served by such person after any other prior sentence has been served or otherwise discharged shall be applied to any sentence which may ultimately be imposed for an offense under this section. Venue for the prosecution of a violation of this section shall be in the county in which the escape occurs.


NOTE: This bill makes an escape of any person from the custody of the Director of Juvenile Services a delinquent or felonious act, both of which shall be subject to the jurisdiction of the circuit court.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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