CHAPTER 62. CRIMINAL PROCEDURE.
WVC 62 - 8 -
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST INMATES.
WVC 62 - 8 - 1
§62-8-1. Offenses by inmates; conspiracy.
A person imprisoned or otherwise in the custody of the
Commissioner of Corrections or the Executive Director of the
Regional Jail and Correctional Facility Authority is guilty of a
felony if he or she kills, wounds or inflicts other bodily injury
upon any person at any correctional facility; or breaks, cuts or
injures, or sets fire to any building, fixture or fastening of any
correctional facility, or jail or any part thereof, for the purpose
of escaping or aiding any other inmate to escape therefrom, or
renders any correctional facility or jail less secure as a place of
confinement; or makes, procures, secretes or has in his or her
possession, any instrument, tool or other thing for such purpose,
or with intent to kill, wound or inflict bodily injury; or resists
the lawful authority of an officer or guard of any correctional
facility or jail for such purpose or with such intent. Any three
or more inmates so confined, or in such custody, who conspire
together to commit any offense mentioned in this section are each
guilty of a felony.
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§62-8-2. Punishment of convicts; no discharge from correctional
institution while prosecution is pending.
(a) Any inmate who violates the provisions of section one of
this article and the violation results in the death of any person
is guilty of a felony and, upon conviction thereof, shall be
confined in a state correctional facility for life, and he or she
shall not be eligible for parole, notwithstanding the provisions of
article twelve, chapter sixty-two of this code.
(b) Any inmate who violates the provisions of section one of
this article and is serving a term of confinement for life, is
guilty of a felony and, upon conviction thereof, he or she may not
be eligible for parole, notwithstanding the provisions of article
twelve, chapter sixty-two of this code.
(c) Any inmate who is not serving a term of confinement for
life and who violates the provisions of section one of this article
and whose violation did not result in the death of any person is
guilty of a felony and, upon conviction thereof, shall be confined
in a state correctional facility not less than one nor more than
five years. Any term of confinement imposed pursuant to this
subsection is to be consecutive to any term of confinement already
(d) An inmate prosecuted for an offense under this article may
not be discharged from a state correctional facility while the
prosecution is pending.
(e) Any person convicted pursuant to the provisions of this section may not be sentenced under sections eighteen or nineteen,
article eleven, chapter sixty-one of this code: Provided, That if
an inmate commits an offense punishable by confinement in a state
correctional facility, other than the offenses defined in section
one of this article, he or she shall be punished as if he or she
had been discharged before committing the offense.
§62-8-3. Venue of trials of convicts.
All criminal proceedings against convicts in the custody of
the commissioner of corrections shall be in the circuit court in
the county where the crime is committed.
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§62-8-4. Procedure in sentencing inmates to further confinement
for second and third offenses.
When a inmate convicted of an offense and sentenced to
confinement therefor in a state correctional facility, is received
therein, if he or she was before convicted in the United States of
a crime punishable by imprisonment in a state correctional
facility, and the record of his or her conviction does not show
that he or she has been sentenced under section eighteen or
nineteen, article eleven, chapter sixty-one of this code, the
warden of a state correctional facility may give information
thereof, to the circuit court of the county in which the facility
is located, whether it be alleged or not in the indictment on which
he or she was convicted that he or she had before been previously
so convicted. If such information is given, the court shall cause
the inmate to be brought before it, and upon an information filed,
setting forth the several records of conviction, and alleging the
identity of the inmate with the person named in each, shall require
the inmate named to say whether he or she is the same person or
not. If he or she say he or she is not, or remain silent, his or
her plea, or the fact of his or her silence, shall be entered of
record, and a jury shall be impaneled to inquire whether the inmate
is the same person mentioned in the several records. If the jury
find that he or she is not the same person, he or she shall be
remanded to a state correctional facility; but if they find that he
or she is the same person, or if he or she acknowledge in open court, after being duly cautioned, that he or she is the same
person, the court shall sentence him or her to such further
confinement as is prescribed by article eleven, chapter sixty-one
of this code, on a second or third conviction, as the case may be.
§62-8-5. Prosecutions for offenses under this article.
Upon complaint in writing, under oath, presented to the
circuit court of Marshall county, or to the judge thereof in
vacation, that any convict in the penitentiary has committed an
offense punishable under sections one and two of this article,
proceedings may be had for such offense, either at a regular term
of the court, or at a special term, to be appointed by its order,
or by the warrant of the judge directed to the clerk of the court,
who shall give notice of such special term to the prosecuting
attorney and other officers of the court. The clerk shall issue
all necessary process; and a grand jury and a venire shall be
summoned to attend at the time appointed in such warrant, or at
such time as the court may direct. The judge of the said court,
when an indictment is found against the accused, shall issue a
warrant to the warden of the penitentiary to bring him before the
court, as well as any other persons confined in the penitentiary
who are required as witnesses on either side.
§62-8-6. Convicts competent as witnesses; proceedings, etc., as in
In any such prosecution of convicts, all other convicts in the
penitentiary shall be competent witnesses for or against the
accused. In all other respects, the proceedings, trial, judgment
and sentence shall be had, pronounced and executed, as in other
cases for prosecutions for offenses punishable with death or
confinement in the penitentiary.
§62-8-7. Court costs incurred in prosecution of convicts.
All taxable court costs incurred in the prosecution of a
convict for any crime committed by such person while confined in
the West Virginia Penitentiary, West Virginia Medium Security
Prison, or the West Virginia State Prison for Women or in any other
penal institution of the state of West Virginia, or in the custody
of an officer thereof, or for the crime of escaping from any of
such institutions, or such custody, or for any crime committed
while at large after escaping from any such institution, or such
custody, shall be paid out of the annual state appropriation for
"criminal charges," after such are certified by the circuit court
of the appropriate county and approved by the state commissioner of
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§62-8-8. Orders and warrants for arrest of inmates; authorization
to obtain arrest warrants.
(a) Notwithstanding any provision of this code to the
contrary, the Commissioner of the Division of Corrections, or his
or her designee, may issue an order of arrest for inmates who have
been released from the custody of the division due to a clerical
error, mistake or due to the failure of a sentencing court to
timely transmit an order of commitment prior to the release of an
inmate from the commissioner's custody or to the commissioner's
custody. All law-enforcement officers shall honor and enforce
orders of arrest in the same manner afforded warrants of arrest
issued by magistrate or circuit courts notwithstanding any
provision of this code to the contrary.
(b) The Commissioner of the Division of Corrections, or his or
her designee, may file criminal complaints and obtain from a court
of competent jurisdiction an arrest warrant for any inmate under
commitment to the commissioner for service of a sentence of
incarceration who has escaped from a facility or otherwise
absconded from a furlough or temporary release.
(c) The Commissioner of the Division of Corrections, or his or
her designee, may enter such orders of arrest or warrants referred
to in this section into all criminal reporting databases and other
computerized systems utilized by law enforcement for the reporting
and apprehension of criminals and fugitives.
Note: WV Code updated with legislation passed through the 2012 1st Special Session