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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