Criminal Justice (Courts) in West Virginia

in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4049: Relating to the creation of the Criminal Forfeiture Process Act replacing the West Virginia Contraband Forfeiture Act

HB 4049 replaces West Virginia's existing Contraband Forfeiture Act with a new Criminal Forfeiture Process Act specifically for property used in or derived from felony drug crimes (violations of the Controlled Substance Act). It establishes a criminal court process for forfeiture (replacing civil forfeiture), defines key terms like "contraband" (unlawful items such as drugs without prescription) and "innocent owner" (a person unaware of property use in crime), and prohibits offering seized property to federal agencies for federal forfeiture. The bill clarifies that courts handling the underlying criminal case have jurisdiction over forfeiture proceedings, and it explicitly states no property rights exist in contraband. This procedural bill directly affects law enforcement agencies, criminal defendants, and property owners involved in drug-related felony cases.

Topics ✓ Criminal Justice

Sub-Topics Courts Drug Policy Law Enforcement

in committee · West Virginia · Senate Feb 12, 2026

SB 538: Increasing compensation for panel attorneys

This bill increases compensation rates for panel attorneys who provide court-appointed legal services to eligible clients in West Virginia. It directly affects public defense attorneys by requiring updated payment rates and mandating detailed time-tracking records (in tenths of hours) for case work. Key provisions include setting 45-day payment timelines after voucher submission, establishing clear appeal processes for rejected or reduced payments, and requiring Public Defender Services to annually report legal services data to oversight bodies like the Legislative Oversight Commission and Supreme Court. The bill also adds new requirements for electronic voucher processing and court review of payment disputes.

Topics ✓ Criminal Justice

Sub-Topics Courts

in committee · West Virginia · House of Delegates Jan 28, 2026

HB 4886: Relating to guidelines for home confinement

HB 4886 clarifies travel permissions for individuals under home confinement in West Virginia. It specifies that people confined to their homes may travel only for essential purposes: work, medical appointments, religious services at their chosen place of worship, court-ordered activities, and grocery shopping for food and household items. The bill amends existing law to explicitly define these permitted destinations, removing ambiguity about allowable travel. This directly affects individuals sentenced to home confinement by circuit or magistrate courts. The change focuses solely on defining permitted travel, not altering sentencing terms or monitoring requirements.

Topics ✓ Criminal Justice

Sub-Topics Courts Judges Sentencing

in committee · West Virginia · House of Delegates Jan 26, 2026

HB 4826: Relating to petition for involuntary treatment for drug and alcohol abuse

HB 4826 establishes a legal process for involuntary treatment of individuals with substance use disorders in West Virginia. It directly affects people who meet strict criteria (having a substance use disorder, posing an imminent danger to self/others, and likely benefiting from treatment) and their family members or friends who file petitions. Key provisions require verified petitions from petitioners (like spouses or relatives) guaranteeing treatment costs, court hearings within 72 hours, and medical evaluations by qualified professionals before ordering 60-day or 360-day treatment. The bill also creates a 72-hour emergency hospitalization option for immediate danger, requiring court approval based on strong evidence. All procedures must follow specific court oversight to protect patient rights.

Topics ✓ Criminal Justice ✓ Healthcare

Sub-Topics Courts Mental Health Substance Abuse

in committee · West Virginia · House of Delegates Jan 20, 2026

HB 4554: Creating Persons with Disabilities Registry

HB 4554 would establish a voluntary registry for individuals with certain disabilities - such as autism, Alzheimer’s, or Down syndrome - to help law enforcement better interact with them during encounters. People with disabilities, or their parents/guardians for minors or incapacitated adults, could enroll by providing medical certification (e.g., from a doctor or psychologist) or legal documentation (e.g., court orders or guardianship papers). The registry, maintained by local law enforcement, would include personal details and disability information but remain confidential and exempt from public disclosure. Individuals could request removal from the registry at any time, with law enforcement required to comply within five business days.

Topics ✓ Criminal Justice

Sub-Topics Courts Law Enforcement Tags People with Disabilities

signed · West Virginia · Senate Jun 25, 2026

SB 650: Designating psychiatric hospital that treats exclusively civil and forensic patients

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.

Topics ✓ Budget & Taxes ✓ Criminal Justice ✓ Healthcare

Sub-Topics Courts Hospitals Medicaid Mental Health

in committee · West Virginia · House of Delegates Jan 16, 2026

HB 4451: Relating to establishing the Veteran Justice Act allowing conditional opportunity for veterans to avoid a record conviction

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.

Topics ✓ Criminal Justice ✓ Healthcare ✓ Veterans

Sub-Topics Corrections Courts Human Trafficking Substance Abuse Veteran Housing Veteran Mental Health

in committee · West Virginia · House of Delegates Jan 30, 2026

HB 4998: Provide for a raise for private investigators hired by public defender offices or court appointed panel attorneys

HB 4998 increases the hourly pay rate for private investigators working with West Virginia public defender offices or court-appointed panel attorneys, raising it from $30 to $45 per hour. The bill amends existing law to directly affect these investigators by changing their compensation rate without altering application or payment processes. This is a straightforward pay adjustment targeting a specific group of public service workers who support indigent defense cases. The change applies to all such investigators employed under public defender services or court-appointed panels across the state.

Topics ✓ Criminal Justice

Sub-Topics Courts

in committee · West Virginia · House of Delegates Jan 29, 2026

HB 4923: Protecting Due Process in Firearm Confiscation Related to Protective Orders

This bill changes West Virginia law for domestic violence protective orders by requiring a court hearing with the respondent present and represented by counsel before restricting firearms. It mandates that courts must find "clear and convincing evidence" of an immediate danger (via documented threats or sworn testimony), not just general allegations, and prohibits using firearm confiscation as punishment. Respondents would automatically receive a 10-day appeal of any firearm restriction in the protective order. The bill directly affects individuals subject to domestic violence protective orders who might face firearm restrictions.

Topics ✓ Criminal Justice

Sub-Topics Courts Domestic Violence Firearms

in committee · West Virginia · House of Delegates Jan 21, 2026

HB 4699: To create the Substance Abuse Recovery Tax Credit

HB 4699 creates a tax credit for West Virginia employers who hire individuals participating in substance abuse recovery programs. It directly affects employers (with 1-100+ employees) and qualified individuals who are in good standing with a drug court program, working at least 120 hours monthly at minimum wage, and not displacing existing workers. Employers can claim a credit of up to $2,000 per eligible employee annually (capped at $14,000 total per business), based on their employee count (e.g., businesses with 1-10 employees can claim for 1 person). The credit requires annual application, verification of employee eligibility, and confidentiality protections for personal health information, with unused credits not carrying over.

Topics ✓ Budget & Taxes ✓ Criminal Justice ✓ Healthcare

Sub-Topics Tax Credits Courts Substance Abuse

All criminal justice bills