H. B. 4171
(By Delegates Miley, Wooton, Barker, Moore,
Shook, Ferro, Ellem, Schoen and Sobonya)
[Passed March 9, 2010; in effect ninety days from passage.]
AN ACT to amend and reenact §25-1-15 of the code of West Virginia,
1931, as amended, relating to the Division of Corrections; and
allowing Division of Corrections to utilize criminogenic risk
and need instruments.
Be it enacted by the Legislature of West Virginia:
That §25-1-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. Organization and Institutions and Corrections
§25-1-15. Diagnostic and classification divisions.
(a) The Commissioner of Corrections may establish diagnostic
and classification divisions.
(b) Notwithstanding any provision of the code to the contrary,
all persons committed to the custody of the Commissioner of the
Division of Corrections for presentence diagnosis and classification and all persons sentenced to the custody of the
Division of Corrections shall, upon transfer to the Division of
Corrections, undergo diagnosis and classification, which may
include assessments of a person's criminogenic risk and need
that are reliable, validated and normed for a specific
population and responsive to cultural and gender-specific needs as
well as individual learning styles and temperament.