(a) Within three calender days of the arrest and placement of any person in a regional jail, the authority shall conduct a pretrial risk assessment using a standardized risk assessment instrument approved and adopted by the Supreme Court of Appeals of West Virginia. The results of all standardized risk and needs assessments are confidential and shall only be provided to the court, court personnel, the prosecuting attorney, defense counsel and the person who is the subject of the pretrial risk assessment. Upon completion of the assessment, the authority shall provide it to the magistrate and circuit clerks for delivery to the appropriate circuit judge or magistrate.
(b) The pretrial risk assessment and all oral or written
statements made by an individual during risk assessment shall be
inadmissable evidence at any criminal or civil trial.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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