West Virginia § 16-47-5 Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought

West Virginia Statutes

§ 16-47-5 — Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought

West Virginia § 16-47-5

Ch. 16PUBLIC HEALTH

Art. 47ALCOHOL AND DRUG OVERDOSE PREVENTION AND CLEMENCY ACT

This text of West Virginia § 16-47-5 (Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 16-47-5 (2026).

Text

(a)The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:

(1)Deferred prosecution under §60-6-26 or §60A-4-407 of this code;

(2)Pretrial diversion under §61-11-22 of this code;

(3)Adjudication in drug court under §62-15-1 et seq. of this code or §49-4-703 of this code; or

(4)Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:

(A)Probation;

(B)Conditional discharge under

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:

(1) Deferred prosecution under §60-6-26 or §60A-4-407 of this code;

(2) Pretrial diversion under §61-11-22 of this code;

(3) Adjudication in drug court under §62-15-1 et seq. of this code or §49-4-703 of this code; or

(4) Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:

(A) Probation;

(B) Conditional discharge under §60-6-26 of this code; or

(C) The weekend jail program, the work program or the community service program under §62-11A-1a of this code.

(b) Notwithstanding any other provision of this section to the contrary, a person who may seek immunity or clemency pursuant to subsection (a) of this section and is charged with an offense not exempted by §16-47-4(a) of this code may enter a plea of guilty to an offense exempted by §16-47-4(a) of this code if the person, after consultation with his or her attorney, so desires.