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West Virginia Code Chapter 16. Public Health § 16-47-5. Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought

Current as of January 01, 2024 | Updated by Findlaw Staff

(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:

(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.

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Cite this article: FindLaw.com - West Virginia Code Chapter 16. Public Health § 16-47-5. Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-16-public-health/wv-code-sect-16-47-5/

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