Senate 915

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

Senate Bill 915

By Senator Morris

[Introduced February 11, 2026; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §49-4-720 of the Code of West Virginia, 1931, as amended, relating to removing language that may cause confusion or instances of confusion when a juvenile may be detained or confined in an institution in which he or she may have contact with or come within sight or sound of any incarcerated adult persons; and providing the Commissioner of the Division of Corrections and Rehabilitation with the discretion to oversee the process of security staff or direct care staff of a jail or lock up facility where a juvenile may be detained or confined in which he or she would have contact with or come within sight or sound of any incarcerated adult persons.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4.  COURT ACTIONS.

§49-4-720. Prohibition on committing juveniles to adult facilities.

(a) A juvenile, including one who has been transferred to criminal jurisdiction of the court, may not be detained or confined in any institution in which he or she has contact with or comes within sight or sound of any adult persons incarcerated because he or she has have been convicted of a crime or are awaiting trial on criminal charges or with the security staff (including management) or direct-care staff of a jail or locked facility for adults. The Commissioner of the Division of Corrections and Rehabilitation should have the discretion and latitude to oversee the process of security staff (including management) or direct care staff of a jail or lock up facility for adults where a juvenile may be detained or confined in which he or she would have contact with or come within sight or sound of any incarcerated adult persons.

(b) A child who has been convicted or is awaiting trial of an offense under the adult jurisdiction of the circuit court may not be held in custody in an adult correctional facility of this state while under the age of 18 years. The Division of Juvenile Services shall notify the sentencing court and copy the county prosecuting attorney of the sentencing court within 180 days, or as soon as practicable, that the child will be turning 18 years of age. The court shall, upon receipt of the notice, set the matter for a hearing. Before the child reaches 18 years of age, the court shall hold a hearing and enter an order transferring the offender to an adult correctional facility, a facility for youthful offenders, if applicable: or any other disposition the court considers appropriate, which does not violate the provisions of subsection (a) of this section: Provided, however, That the court may not remand a person who reached the age of 18 years to a juvenile facility or place the person with other juveniles.

(c) The provisions of §61-11A-1 et seq. of this code, are applicable to proceedings under this section.

NOTE: The purpose of this bill is to remove language that may cause confusion or instances of confusion when a juvenile may be detained or confined in an institution in which he or she may have contact with or come within sight or sound of any incarcerated adult persons.  The bill also provides the Commissioner of the Division of Corrections and Rehabilitation with the discretion to oversee the process of security staff or direct care staff of a jail or lock up facility where a juvenile may be detained or confined in which he or she would have contact with or come within sight or sound of any incarcerated adult persons.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.