HB 4451, the Veteran Justice Act, creates a program allowing eligible veterans charged with certain offenses to avoid a criminal conviction or have a felony reduced to a misdemeanor. It applies to veterans with military-related conditions like PTSD, TBI, or substance use disorder (SUD) that contributed to their offense, provided the crime is probation-eligible and not excluded (e.g., murder, sexual assault). Eligible veterans enter a court-supervised program involving evidence-based treatment tailored to their military service challenges, a personalized case plan, and probation instead of incarceration. If they successfully complete the plan, they avoid conviction; failure results in standard sentencing. The bill excludes serious crimes like human trafficking and requires verification of veteran status using federal databases like SQUARES.
HB 4898 requires West Virginia's Division of Corrections to provide every person on probation with one physical copy of their birth certificate and one physical copy of their Social Security card upon release from any correctional facility. This applies specifically to individuals being released after serving time under probation supervision. The bill mandates this document handout as a standard procedure, ensuring probationers have essential identification documents immediately after release. It directly affects all probationers exiting West Virginia correctional facilities, helping them access services like employment, housing, or government benefits that require these documents. The requirement is a straightforward administrative change with no additional fees or conditions specified.
HB 4890 would provide a 10% annual pay increase for non-uniformed administrative staff and personnel at West Virginia's Division of Corrections, Division of Juvenile Services, and the West Virginia Regional Jail and Correctional Facility Authority, effective July 1, 2026. This adjustment aims to address staffing challenges by helping retain current workers and attract new employees to these correctional facilities. Funding would come from general revenue for the Division of Corrections and Juvenile Services, and from a special revenue fund for the Regional Jail Authority, avoiding additional general fund appropriations. The bill also requires that the pay increase be applied even if it exceeds the current maximum pay grade for an employee's position.
SB 454, the "Stop Non-Consensual Distribution of Intimate Deep Fake Media Act," makes it illegal to intentionally distribute deep fake media falsely depicting a person engaging in sexual conduct without their consent, specifically when done to harass, coerce, or damage their reputation. The law applies to anyone distributing such content (e.g., through social media or sharing), while excluding constitutionally protected speech like political satire or works with clear disclaimers that the media is manipulated. Violations carry penalties of up to $10,000 fines or five years in prison for repeat offenses, with lesser penalties for other cases, and allow courts to issue restraining orders to stop ongoing distribution. This directly affects individuals whose images are misused without consent and those creating or sharing non-consensual deep fakes.
This bill requires courts to charge defendants convicted of crimes for up to 30 days of incarceration costs (including time before conviction) in regional jails. Before imposing these costs, a court must hold a hearing to assess the defendant's ability to pay and cannot order payment if it would cause financial hardship. Defendants may later petition for relief from unpaid costs if paying would create hardship for them or their dependents. Any money seized as evidence must be used to cover regional jail costs, regardless of the defendant's financial status.
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.
SB 190 strengthens penalties for assaulting specific public safety and service workers in West Virginia. It clarifies that intentionally causing injury to law-enforcement officers, correctional employees, emergency medical personnel, health care workers, or utility workers while they are performing official duties constitutes a felony. The bill establishes three penalty tiers: malicious assault (3-15 years imprisonment), unlawful assault (2-5 years), and battery (misdemeanor with up to 1 year jail or $500 fine). It directly affects anyone who targets these workers during their duties, with the law requiring the perpetrator to know the victim was acting officially. The bill amends existing criminal code sections to define these protections and specify the enhanced penalties.
This bill requires West Virginia correctional facilities to provide free feminine hygiene products (tampons and sanitary napkins) to female inmates and juvenile detainees upon request. Specifically, facilities must supply these products at no cost within eight hours of a request, directly affecting all female prisoners in state jails, regional jails, and correctional facilities, as well as female juveniles in detention centers. The law amends existing statutes to mandate this provision, ensuring access without financial barriers for menstrual care. It does not alter existing fee structures for other medical services but explicitly exempts feminine hygiene products from inmate charges.
SB 527 creates a new process for courts to offer alternatives to formal conviction, such as community service or treatment programs, for individuals facing certain criminal charges that could result in incarceration or in juvenile abuse and neglect cases. The bill establishes a specific procedure for requesting and reviewing these "pre-adjudicatory alternative dispositions," requiring courts to follow defined steps and documentation, including attaching certified copies of underlying court orders. It adds a new section (§49-4-607a) to West Virginia law and amends related sections to integrate this process into existing legal frameworks. This change directly affects defendants in eligible cases by providing an option to resolve their matter without a formal adjudication.
SB 54 amends West Virginia law to establish clear criminal penalties for caregivers who abuse or neglect incapacitated adults. It directly affects caregivers (including facilities and individuals responsible for care) and incapacitated adults aged 18+ who cannot perform daily life activities due to age or disability. The bill creates tiered penalties: misdemeanors for basic neglect/abuse (fines up to $500 or 1 year jail), and felonies for severe harm (fines up to $5,000 and prison terms of 2-15 years), including removing the "malice" requirement for felony charges when death occurs. Key provisions define abuse, neglect, and "incapacitated adult," while explicitly excluding cases involving religious treatment choices or legally authorized medical decisions.
