W. Va. Code § 16-47-5

Current through 2024 First Special Session
Section 16-47-5 - Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought
(a) The immunity provisions in subsection (a), section four of this article extend to the person for whom emergency medical assistance was sought if, subsequent to 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:
(1) Deferred prosecution under section twenty-six, article six, chapter sixty of this code or under section four hundred seven, article four, chapter sixty-a of this code;
(2) Pretrial diversion under section twenty-two, article eleven, chapter sixty-one of this code;
(3) Adjudication in drug court under article fifteen, chapter sixty-two of this code or under section two-b, article five, chapter forty-nine 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 section twenty-six, article six, chapter sixty of this code; or
(C) The weekend jail program, the work program or the community service program under section one-a, article eleven-a, chapter sixty-two 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 subsection (a), section four of this article may enter a plea of guilty to an offense exempted by subsection (a), section four of this article if the person, after consultation with his or her attorney, so desires.

W. Va. Code § 16-47-5

Added by 2015 Acts, ch. 128 (SB 523), eff. 6/12/2015.