Criminal Justice (Courts)

SB 16, the Child Protection Investigations Reform Act, requires West Virginia's Department of Human Services to provide specific information to parents or custodians accused of child abuse or neglect at the start of an investigation. The bill mandates two key notifications: (1) a plain-language "Parent’s Guide" explaining investigation steps, court processes, and confidentiality, and (2) a verbal/written summary detailing the person’s rights, including the right to legal counsel, refusal of medical exams, and protection under the Fourth Amendment. These requirements apply only to investigations initiated on or after July 1, 2026, and do not change existing investigation procedures. The law aims to ensure individuals understand their rights during child protective services proceedings.

HB 4682, the Fourth Amendment Restoration Act, prohibits West Virginia law enforcement officers and local government officials from using specific surveillance and artificial intelligence technologies without a warrant. It bans real-time security monitoring, facial recognition, license plate readers, surveillance drones, and other listed tools for law enforcement purposes unless a court issues a warrant based on probable cause. Violators face felony charges with penalties including up to one year in prison and $10,000 fines per violation. The bill also allows individuals to sue officials who violate these restrictions and requires immediate discontinuation of existing use of banned technologies by all local governments. The law takes effect immediately upon passage.

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.

HB 4458, known as "Joel’s Law," creates a legal process for involuntary treatment of individuals with substance use disorders who pose an imminent danger to themselves or others. It requires a petition from a family member, friend, or guardian to a West Virginia Circuit Court, accompanied by a guarantee to cover treatment costs, and sets strict criteria: the person must have a substance use disorder, present an immediate danger, and be likely to benefit from treatment. The bill establishes a 72-hour emergency treatment option and a formal court process for 60- to 360-day treatment orders, including medical examinations and a hearing within 14 days. This law directly affects individuals meeting these specific danger criteria and their families, while ensuring procedural safeguards like court oversight and cost accountability.