West Virginia Code 62-16-7 – Program integrity and offender accountability
(a) If deemed appropriate by the Supreme Court of Appeals or its administrative office, the courts shall collect and maintain information on participants which may include, but is not limited to, the following:
Terms Used In West Virginia Code 62-16-7
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) The participants” prior criminal history;
(2) The participants” prior substance abuse and mental health treatment history;
(3) The participants” employment, education, and income histories;
(4) The participants” gender, race, ethnicity, marital and family status, and any child custody and support obligations;
(5) Instances of participants” recidivism occurring during and after participation in a court program. Recidivism may be measured at intervals of six months, one year, two years, and five years after successful graduation from Military Service Members Court;
(6) The number of offenders screened for eligibility, the number of eligible offenders who were and were not admitted, and their case dispositions; and
(7) The costs of operation and sources of funding.
(b) An offender may be required, as a condition of pretrial diversion, probation, or parole, to provide the information described in this section. The collection and maintenance of information under this section shall be collected in a standardized format according to applicable guidelines set forth by the Supreme Court of Appeals.
(c) To protect an offenders” privacy in accordance with federal and state confidentiality laws, a court shall keep treatment records in a secure environment, separated from the court records to which the public has access.