W. Va. Code § 62-15-6
Eligibility
West Virginia · West Virginia Code Chapter 62 — Criminal Procedure · Status: effective
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- Citation
- W. Va. Code § 62-15-6, Eligibility, West Virginia, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2393386
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Full text
(a) A drug offender shall not be eligible for the drug court program if:
(1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;
(2) The underlying offense involves an offense that requires registration as a sex offender pursuant to the article twelve, chapter fifteen of this Code;
(3) The drug offender has a prior felony conviction in this state or another state for a felony crime of violence; or
(4) The drug offender has a prior conviction in this state or another state for a crime that requires registration as a sex offender pursuant to article twelve, chapter fifteen of this Code.
(b) Eligible offenses may be further restricted by the rules of a specific drug court program.
(c) Nothing in this section shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.