The clerk of a circuit court in which a person is sentenced to serve a period of incarceration in a state prison shall transmit to the Commissioner of the Division of Corrections and Rehabilitation a certified commitment order in the form provided for in this section. A person may not be committed to a prison unless the commitment order is signed by the circuit judge with jurisdiction over the matter. The amendments to this section enacted during the 2019 regular session of the Legislature are effective July 1, 2019.
IN THE CIRCUIT COURT OF ____________________ COUNTY, WEST VIRGINIA
State of West Virginia v. circuit court Case No. ___________________
Defendant: ______________________________
DOB: ________________ SSN: XXX-XX- ______ Gender: _____ Male/ ______ Female
WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED PRISON COMMITMENT ORDER
On the ______ day of __________________ , 20___, the State of West Virginia, by _____________________________________ , and the defendant appeared in person and with counsel, ________________________________________________.
The defendant has been convicted of the following offense(s):
_____________________________________________________________________
The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of:
___________________________________________________________________________.
Conviction Date: _______________ Sentence Date: __________________
Effective Sentence Date: _____________ Resentence Date: _____________________
Consecutive to: ____ Concurrent with:
______________________________________________________________________
Credit for Jail/Prison Time Served: ______ days Credit for Home Incarceration: ______ days
Credit for Home Incarceration Parole: ______ days Other NonPenal Credit: ________ days
Additionally, the court finds:
______________________________________________________________________
The defendant shall be transported to and held in a facility under the control of the Commissioner of the Division of Corrections and Rehabilitation. The court further orders that the cost of incarceration in the jail pending transfer shall be paid by the Commissioner consistent with the provisions of §15A-3-16 of this code.
Special Instructions:
___________________________________________________________
It is further ordered that the Circuit Clerk shall immediately transmit a certified copy of this commitment order to the Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).
Enter this _____ day of __________ , 2____.
___________________________________
Circuit Judge
W. Va. Code § 62-7-10