2016 West Virginia Code
CHAPTER 49. CHILD WELFARE
ARTICLE 4. COURT ACTIONS.
§49-4-720. Prohibition on committing juveniles to adult facilities; copy provided to juvenile.

(a) No juvenile, including one who has been transferred to criminal jurisdiction of the court, shall be detained or confined in any institution in which he or she has contact with or comes within sight or sound of any adult persons incarcerated because they have been convicted of a crime or are awaiting trial on criminal charges or with the security staff (including management) or direct-care staff of a jail or locked facility for adults.

(b) No child who has been convicted of an offense under the adult jurisdiction of the circuit court shall be held in custody in a correctional facility of this state. The Division of Juvenile Services shall be responsible for notifying the sentencing court within forty-five days of the child's eighteenth birthday that the child will be turning eighteen years of age. Within ten days of the child's eighteenth birthday, the court shall transfer the offender to an adult correctional facility or to any other disposition the court deems appropriate for adult offenders. Notwithstanding any other provision of this code to the contrary, prior to the transfer the child shall be returned to the sentencing court for the purpose of reconsideration and modification of the imposed sentence, which shall be based upon a review of all records and relevant information relating to the child's rehabilitation since his or her conviction under the adult jurisdiction of the court.