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·Ch. 16 PUBLIC HEALTH·Art. 47 ALCOHOL AND DRUG OVERDOSE PREVENTION AND CLEMENCY ACT

(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

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(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.

West Virginia § 16-47-5 (Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.