Criminal Justice

in committee · West Virginia · Senate Feb 20, 2026

SB 1016: Creating Second Look Sentencing Act

SB 1016, the "Second Look Sentencing Act," allows West Virginia judges to reconsider prison sentences of 10+ years for individuals who committed offenses before age 25 and have served at least 10 years. The bill requires courts to evaluate factors like rehabilitation efforts, maturity, victim input, and the defendant's age at the time of the crime before reducing a sentence. If approved, sentences may be reduced to time served or modified with up to five years of supervised release, while ensuring defendants have a right to a hearing with appointed counsel. The law specifically targets young offenders whose circumstances may have changed significantly after a decade in prison, aiming to balance public safety with opportunities for reintegration.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill enables judicial review of long sentences for youthful offenders post-rehabilitation, reducing recidivism and aligning with criminal justice reform goals.95% confidence

Sub-Topics Corrections Probation & Parole Sentencing

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in committee · West Virginia · House of Delegates Feb 3, 2026

HB 5156: Second Look Sentencing Act

HB 5156, the Second Look Sentencing Act, allows West Virginia judges to reconsider prison sentences exceeding 10 years for individuals who have served at least a decade. To qualify, a person must demonstrate they are not a danger, pose no credible risk of reoffending, show readiness for reentry, and meet the interests of justice. The court must consider factors like rehabilitation progress, age at offense and petition, victim input, and completion of correctional programs before modifying the sentence, with a presumption of release for applicants aged 50 or older. Any sentence modification requires up to five years of supervised release post-release, and denied applicants may reapply under specific time limits.

Topics ✓ Criminal JusticeSupports Criminal JusticeAllows judges to reconsider long sentences based on rehabilitation progress and reduced recidivism risk, aligning with criminal justice reform goals.95% confidence

Sub-Topics Corrections Probation & Parole Sentencing

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in committee · West Virginia · House of Delegates Feb 9, 2026

HB 5375: Truancy Reform Act

HB 5375, the Truancy Reform Act, changes West Virginia's truancy laws to prioritize support over punishment. It removes criminal penalties for students aged 18 or older who miss school, replaces fines with school attendance requirements for first offenses, and creates a pretrial diversion program for parents/guardians of children under 18. This allows families to avoid conviction by addressing truancy causes within 60 days, with courts able to delay sentences and refer families to Department of Human Services for home-based support. The bill also modifies penalties for repeat offenses, including conditional school enrollment after a third violation for 18+ students. It directly affects parents, guardians, custodians, and students aged 18+ in truancy cases.

Topics ✓ Criminal JusticeSupports Criminal JusticeRemoves criminal penalties for truancy, replaces fines with support programs, creates pretrial diversion - aligns with reform goals to reduce criminalization and prioritize rehabilitation over punishment.95% confidence ✓ EducationSupports EducationPrioritizes support over punishment for truancy, addresses root causes via diversion programs to improve K-12 attendance and educational access without restrictions.95% confidence

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in committee · West Virginia · House of Delegates Feb 11, 2026

HB 5450: Relating to appeals of certification decisions by the Department of Homeland Security

HB 5450 would transfer responsibility for hearing appeals of certain law enforcement certification decisions from the Deputy Secretary of the Department of Military Affairs and Public Safety to the Office of Administrative Hearings. This applies to appeals concerning denials of entry into law enforcement certification programs, denials of continued training, denials of certification reactivation, and suspensions or decertifications of officers. The bill amends state law to clarify that the Office of Administrative Hearings will handle these appeals instead of the current office, centralizing the process. This is a procedural change affecting law enforcement applicants and officers challenging certification decisions.

Topics ✓ Criminal JusticeSupports Criminal JusticeTransfers law enforcement certification appeal hearings to independent Office of Administrative Hearings, enhancing accountability and due process in officer certification, aligning with criminal justice reform indicators.80% confidence

Sub-Topics Law Enforcement

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in committee · West Virginia · House of Delegates Feb 2, 2026

HB 5016: To clarify those required to register sex offenders, who must register temporary addresses

HB 5016 clarifies West Virginia's sex offender registration rules for individuals without a permanent residence, requiring them to register "transient residences" - defined as any location where they stay for three or more days in a year (including places without a street address, like shelters or temporary housing). The bill ensures these individuals meet legal obligations by reporting their temporary stays, alongside standard registration details like name, address, and employment. It does not change which offenses require registration but makes the process clearer for people without a fixed home, such as the homeless or frequent travelers. This update aims to improve compliance while maintaining existing registration standards.

Topics ✓ Criminal JusticeSupports Criminal JusticeClarifies sex offender registration for transient stays, strengthening enforcement compliance within criminal justice system without reform implications.85% confidence

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in committee · West Virginia · House of Delegates Feb 5, 2026

HB 5247: Establishing a pilot program to develop school-based mental and behavioral health services

HB 5247 establishes a three-year pilot program in West Virginia schools to provide mental and behavioral health services as an alternative to suspending students for disruptive behavior. It directly affects students with disruptive behaviors, their families, and participating schools that already operate school-based health centers or have implemented the state's "expanded school mental health framework." Schools in the pilot must offer mental health services through direct hire or contracts, accept referrals from school discipline or courts, conduct assessments, involve families, and bill insurance or the school for services. The program aims to redirect students toward support instead of punishment while ensuring services are available for all levels of need.

Topics ✓ Criminal JusticeSupports Criminal JusticeRedirects disciplinary actions from suspension to mental health services, reducing school-to-prison pipeline - a criminal justice reform strategy.85% confidence ✓ EducationSupports EducationBill creates a pilot program providing mental health services to replace suspensions for disruptive behavior in K-12 schools, directly enhancing student support and school-based services.95% confidence ✓ HealthcareSupports HealthcareBill establishes school-based mental health services as alternative to suspensions, directly expanding access to mental health care for students per topic description.95% confidence

Sub-Topics School Safety Student Health Mental Health

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

HB 4980: To establish civil liability for judges who knowingly violate the law, conduct unlawful hearings, or abuse litigants in the performance of their duties

HB 4980 would allow civil lawsuits against West Virginia judges who knowingly violate laws, hold unlawful hearings, or abuse litigants in their official duties. It requires victims to first report misconduct to a judicial oversight body, which must confirm "willful misconduct" before a lawsuit can proceed. The bill sets a five-year statute of limitations for claims and specifies remedies like financial compensation, punitive damages for severe cases, and attorney fees for successful plaintiffs. It explicitly excludes good-faith judicial decisions from liability and mandates public reporting of oversight findings.

Topics ✓ Criminal JusticeSupports Criminal JusticeCreates civil liability for judicial misconduct, enhancing court accountability and protecting litigant rights in criminal proceedings.92% confidence

Sub-Topics Judges

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in committee · West Virginia · Senate Jan 27, 2026

SB 634: Legalizing adult consumption of cannabis

SB 634 would legalize cannabis consumption for adults aged 21 and older in West Virginia, allowing possession of up to one ounce. It establishes a regulatory framework including county-option elections to permit cannabis manufacturing and sales, requires age verification for purchases, and maintains prohibitions on sales to minors and driving under the influence. The bill creates a licensing system for cannabis businesses, authorizes excise and local sales taxes, and directs tax revenues to a new Cannabis Transfer Tax Fund. Employers and property owners would retain the right to prohibit cannabis use, and the bill explicitly states it does not affect the existing Medical Cannabis Act.

Topics ✓ Budget & TaxesSupports Budget & TaxesBill authorizes excise and local sales taxes on cannabis, directing revenues to a fund, creating new tax revenue stream for fiscal management.95% confidence ✓ Criminal JusticeSupports Criminal JusticeLegalizes cannabis possession, reducing criminal penalties and aligning with criminal justice reform by decreasing arrests for non-violent offenses.95% confidence

Sub-Topics Drug Policy

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

HB 4414: Require registration of persons convicted of abuse

HB 4414 amends West Virginia's Sex Offender Registration Act to clarify and update registration requirements for individuals convicted of specific sexual offenses. It directly affects people convicted under sections of the state code covering sexual assault, trafficking, and other related crimes, requiring them to register in person with detailed personal information including current address, employment, school details, internet accounts, and vehicle ownership. Key provisions specify that registrants must update information within 10 days of changes and clarify how those without permanent residence can comply by providing transient addresses. The bill removes outdated definitions and ensures consistent registration procedures across all cases, without creating new penalties or changing offense classifications.

Topics ✓ Criminal JusticeSupports Criminal JusticeAmends sex offender registration to require detailed personal information, strengthening public safety oversight in corrections per bill's focus on registration requirements.95% confidence

Sub-Topics Violent Crime

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in committee · West Virginia · Senate Jan 19, 2026

SB 500: Prohibiting of sex offender living within 1000 feet of any school, park, or playground

SB 500 amends West Virginia's sex offender registration law to prohibit individuals convicted of specified sex offenses from residing within 1,000 feet of any school, park, or playground. This applies to all sex offenders required to register under existing law (including those convicted of offenses listed in §15-12-2(b) of the West Virginia Code). The bill adds this spatial restriction to current registration requirements, requiring offenders to maintain this distance from designated locations. It does not change registration procedures but adds a new residency limitation for affected individuals.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill strengthens sex offender registration by adding spatial restrictions near schools/parks, enhancing public safety within criminal justice framework.95% confidence

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