West Virginia Code 16-47-5 – Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought
(a) The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:
Terms Used In West Virginia Code 16-47-5
- Emergency medical assistance: means medical services provided to a person who may be experiencing an overdose by a health care professional licensed, registered or certified under chapter thirty or chapter sixteen of this code acting within his or her lawful scope of practice. See West Virginia Code 16-47-3
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) Deferred prosecution under §60-6-26 or § 60A-4-407 of this code;
(2) Pretrial diversion under § 61-11-22 of this code;
(3) Adjudication in drug court under § 62-15-1 et seq. of this code or § 49-4-703 of this code; or
(4) Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:
(A) Probation;
(B) Conditional discharge under § 60-6-26 of this code; or
(C) The weekend jail program, the work program or the community service program under § 62-11A-1a of this code.
(b) Notwithstanding any other provision of this section to the contrary, a person who may seek immunity or clemency pursuant to subsection (a) of this section and is charged with an offense not exempted by §16-47-4(a) of this code may enter a plea of guilty to an offense exempted by §16-47-4(a) of this code if the person, after consultation with his or her attorney, so desires.