This bill adds $17.6 million in funding to West Virginia's Public Defender Services (fund 0226) for fiscal year 2026. It allocates $2.6 million for "Public Defender Corporations" and $15 million for "Appointed Counsel Fees" using existing unappropriated surplus funds from the State Fund. The funding directly supports public defenders who represent indigent defendants in criminal cases, ensuring legal services for individuals who cannot afford private attorneys. The bill makes no new policy changes but redirects existing surplus state funds to this specific program.
This bill (SB 197) amends West Virginia law to explicitly include "attempt" as a criminal offense under the existing statute for sexual abuse by caregivers. It makes it a felony for parents, guardians, custodians, or others in positions of trust to attempt sexual abuse of a child in their care, with penalties of 10-20 years in prison for attempts involving children under 16. The change aligns penalties for attempted abuse with those for completed abuse, ensuring individuals who try to commit such acts face the same criminal consequences as those who succeed. This directly affects caregivers who attempt sexual misconduct with children under their supervision.
This bill establishes a value-based payment system for West Virginia's Medicaid addiction care services, shifting from fee-for-service to rewarding providers based on patient recovery outcomes. It directly affects Medicaid providers treating substance use disorders by requiring them to use standardized billing codes starting in 2027 and report on five specific outcome metrics: housing stability, sobriety, avoidance of criminal justice involvement, self-sufficiency (employment/education), and provider transition plans. The bill mandates data collection and analysis by the Bureau for Medical Services to develop these metrics, with value-based payments requiring implementation by 2028. The goal is to create a coordinated care system focused on long-term recovery success rather than fragmented service volume.
SB 650 amends West Virginia law to define a psychiatric hospital treating exclusively civil and forensic patients (with over 95% of its inpatient census being court-ordered forensic or civil involuntary commitments from state custody) as a "state-designated facility" for tax purposes. This change excludes such hospitals from the category of "eligible acute care hospitals" subject to a 0.75% tax on gross receipts, exempting them from this tax. The bill directly affects psychiatric hospitals in West Virginia meeting this specific patient mix requirement by altering their tax classification under the Medicaid funding structure.
West Virginia Senate Bill 4 creates a new law requiring people to stay at least 30 feet away from first responders (including police, firefighters, probation officers, and emergency medical personnel) while they are lawfully performing duties. It makes it a misdemeanor to knowingly approach within 30 feet after being verbally warned, if the action impedes their work, threatens them, or harasses them (defined as causing substantial emotional distress without legitimate purpose). Violators face fines of $50-$500, up to one year in jail, or both. The bill directly affects individuals near emergency scenes and aims to protect responders from interference. It amends West Virginia Code §61-5-30.
HB 5286 adds $1.5 million in supplemental funding from West Virginia's unappropriated surplus balance to the Department of Homeland Security's Division of Corrections and Rehabilitation for equipment purchases during fiscal year 2026. This new appropriation, designated as "Equipment - Surplus" under Fund 0450, directly supports correctional facilities by providing resources for equipment needs without increasing overall state spending. The bill uses existing surplus funds identified in the Governor's Executive Budget Document, specifically reallocating unappropriated revenue to address immediate equipment requirements for correctional units. It does not create new policies or change eligibility but adjusts budget allocations for operational support.
HB 4603 creates a new process for resolving certain criminal and juvenile cases without a formal court trial. It establishes a system allowing courts to offer alternatives like community service or counseling instead of a conviction for eligible cases, such as criminal charges that could lead to jail time or juvenile proceedings. The bill amends existing West Virginia law to define and incorporate this "pre-adjudicatory alternative disposition" process, specifying which cases qualify and how they are handled. This change aims to provide non-punitive resolutions for qualifying cases while streamlining court proceedings.
SB 963 requires courts to hold a full adversarial hearing with the respondent present and represented by counsel before issuing a protective order that prohibits firearm possession in domestic violence cases. It mandates that such restrictions can only be imposed if the court finds clear and convincing evidence of an immediate danger (e.g., documented threats or sworn testimony), not as punishment. The bill also requires automatic appeals for respondents within 10 days if firearm restrictions are included in the order. This directly affects individuals facing domestic violence protective orders in West Virginia, changing the process for firearm-related restrictions. The law aims to balance safety concerns with due process by setting higher evidentiary standards before restricting gun access.
HB 5319 amends West Virginia law to prohibit camping or storing personal property (like tents, sleeping gear, or camp equipment) on specific public property without authorization. It directly affects individuals using state capitol grounds, courthouses, municipal offices, parks, streets, or trails without written permission from the relevant government body. Key provisions define "camp" and "personal property," ban unauthorized use in designated areas, and classify violations as misdemeanors punishable by fines ($25-$100), up to 30 days in jail, or both. Each day of violation counts as a separate offense, and unauthorized structures are deemed public nuisances subject to removal.
HB 4656 modifies West Virginia's school attendance laws by ending the compulsory attendance requirement at age 18 (previously 17), meaning 18-year-olds no longer face penalties for chronic absenteeism. It replaces "truancy" with "chronic absenteeism," removes criminal penalties for 18-year-olds, and requires schools to notify them directly about unexcused absences - same as parents. The bill establishes new referral pathways to human services for wrap-around support, shifts handling of chronic absenteeism to juvenile welfare (not criminal) proceedings, and defines key terms like "student support specialist." It directly affects students aged 17-18, school staff, and county human services departments.
