West Virginia § 62-15-6 Eligibility

West Virginia Statutes

§ 62-15-6 — Eligibility

West Virginia § 62-15-6

Ch. 62CRIMINAL PROCEDURE

Art. 15DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT

This text of West Virginia § 62-15-6 (Eligibility) 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 § 62-15-6 (2026).

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)N

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(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.