§62-12-7a. Presentence diagnosis and classification; power of
court; custody of convicted person; provision for
presentence reports; penalty for escape.
Notwithstanding any other provision of law, when any person
has been found guilty of, or pleads guilty to, a felony, or any
offense described in article eight-d or eight-b, chapter sixty-one
of this code, against a minor child, the court may, prior to
pronouncing of sentence, direct that the person be delivered into
the custody of the commissioner of corrections, for the purpose of
diagnosis and classification for a period not to exceed sixty days:
That the court shall require that a presentence report be
completed by the probation officer assigned to that person and be
made available to the commissioner of corrections prior to delivery
of the person to a statutorily approved diagnosis and
classification unit of the division of corrections. While at the
diagnosis and classification unit the person shall undergo
examination, diagnosis and classification and shall then be
remanded and delivered to the custody of the sheriff of the county
wherein he or she was found guilty or entered such plea. Within
ten days following the termination of the examination, diagnosis
and classification, the commissioner of corrections shall make or
cause to be made a report to the court wherein the person was found
guilty, or entered a plea of guilty, containing the results,
findings, conclusions and recommendations of the commissioner with
respect to such person.
Whenever a person is remanded into the custody of the
commissioner of corrections pursuant to this section, the person shall be given credit on any sentence subsequently imposed by the
court equal to the time spent in such custody.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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