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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) To the extent practicable, a court shall conduct pretrial proceedings in any civil action in which an inmate's participation is required or permitted by telephone, video conference or other telecommunications technology without removing the inmate from the facility in which an inmate is confined.
(b) Subject to the agreement of the official with custody over an inmate, the court may conduct hearings at the correctional facility in which an inmate is confined. To the extent practicable, the court shall allow counsel to participate by telephone, video conference or other communications technology in any hearing held at the facility.
(c) No court may compel the commissioner of the Division of Corrections or warden of any correctional facility operated by the Division of Corrections or the executive director of the West Virginia Regional Jail and Correctional Facility Authority or any administrator of any facility operated by the West Virginia Regional Jail and Correctional Facility Authority to transport to court any inmate having a maximum security classification if the warden or administrator of the facility tenders to the court an affidavit attesting to the custody level of the inmate and stating that, in the warden's or administrator's opinion, the inmate possesses a substantial risk of escape if transported. If a warden or administrator files an affidavit, then the warden or administrator shall, upon demand of the court, provide suitable room to conduct any trial or hearings at which an inmate's presence is required. The warden or administrator shall allow the court, counsel and all court personnel access to the correctional facility to conduct the proceedings the court considers necessary.
Cite this article: FindLaw.com - West Virginia Code Chapter 25. Division of Corrections § 25-1A-5. Hearings - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-25-division-of-corrections/wv-code-sect-25-1a-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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