West Virginia § 62-16-7 Program integrity and offender accountability

West Virginia Statutes

§ 62-16-7 — Program integrity and offender accountability

West Virginia·Ch. 62 CRIMINAL PROCEDURE·Art. 16 THE MILITARY SERVICE MEMBERS COURT ACT

(a)If deemed appropriate by the Supreme Court of Appeals or its administrative office, the courts shall collect and maintain information on participants which may include, but is not limited to, the following:

(1)The participants" prior criminal history;

(2)The participants" prior substance abuse and mental health treatment history;

(3)The participants" employment, education, and income histories;

(4)The participants" gender, race, ethnicity, marital and family status, and any child custody and support obligations;

(5)Instances of participants" recidivism occurring during and after participation in a court program. Recidivism may be measured at intervals of six months, one year, two years, and five years after successful graduation from Military Service Members Court;

(6)The n

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(a) If deemed appropriate by the Supreme Court of Appeals or its administrative office, the courts shall collect and maintain information on participants which may include, but is not limited to, the following:

(1) The participants" prior criminal history;

(2) The participants" prior substance abuse and mental health treatment history;

(3) The participants" employment, education, and income histories;

(4) The participants" gender, race, ethnicity, marital and family status, and any child custody and support obligations;

(5) Instances of participants" recidivism occurring during and after participation in a court program. Recidivism may be measured at intervals of six months, one year, two years, and five years after successful graduation from Military Service Members Court;

(6) The number of offenders screened for eligibility, the number of eligible offenders who were and were not admitted, and their case dispositions; and

(7) The costs of operation and sources of funding.

(b) An offender may be required, as a condition of pretrial diversion, probation, or parole, to provide the information described in this section. The collection and maintenance of information under this section shall be collected in a standardized format according to applicable guidelines set forth by the Supreme Court of Appeals.

(c) To protect an offenders" privacy in accordance with federal and state confidentiality laws, a court shall keep treatment records in a secure environment, separated from the court records to which the public has access.

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