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Introduced Version Senate Bill 340 History

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sb340 intr
Senate Bill No. 340

(By Senators Kessler, Prezioso, Minard and White)

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[Introduced February 24, 2009; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §49-5-15 of the Code of West Virginia, 1931, as amended, relating to granting juvenile probation officers the power to arrest juveniles under their supervision.

Be it enacted by the Legislature of West Virginia:
That §49-5-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-15. Juvenile probation officers; appointment; salary; facilities; expenses; duties; powers.

(a) (1) Each circuit court, subject to the approval of the Supreme Court of Appeals and in accordance with the rules of the Supreme Court of Appeals, shall appoint one or more juvenile probation officers and clerical assistants for the circuit. A probation officer or clerical assistant may not be related by blood or marriage to the appointing judge.
(2) The salary for juvenile probation officers and clerical assistants shall be determined and fixed by the Supreme Court of Appeals. All expenses and costs incurred by the juvenile probation officers and their staff shall be paid by the Supreme Court of Appeals in accordance with its rules. The county commission of each county shall provide adequate office facilities for juvenile probation officers and their staff. All equipment and supplies required by juvenile probation officers and their staff shall be provided by the Supreme Court of Appeals.
(3) A juvenile probation officer may not be considered a law-enforcement official under any provision of this chapter: Provided, That a juvenile probation officer may, with or without an order or warrant, arrest any juvenile under his or her supervision.
(b) The clerk of a court shall notify, if practicable, the chief probation officer of the county, or his or her designee, when a juvenile is brought before the court or judge for proceedings under this article. When notified, or if the probation officer otherwise obtains knowledge of such fact, he or she or one of his or her assistants shall:
(1) Make investigation of the case; and
(2) Furnish information and assistance that the court or judge may require.

NOTE: The purpose of this bill is to grant juvenile probation officers the power to arrest juveniles under their supervision.

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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