2021 West Virginia Code
Chapter 49. Child Welfare
Article 4. Court Actions
§49-4-725. Restorative Justice Programs
(a) The court or prosecuting attorney may offer a juvenile, against whom a petition has been filed alleging that the juvenile has committed any of the offenses set forth in subsection (b) of this section, the opportunity to participate in a voluntary restorative justice program, where available, at any time prior to disposition of the case.
(b) A juvenile is eligible to participate in a restorative justice program if the offense that the juvenile is alleged to have committed is:
(1) A status offense;
(2) An offense that would constitute a nonviolent offense if committed by an adult;
(3) An offense that would constitute misdemeanor assault pursuant to 61-2-9(b) of this code if committed by an adult; or
(4) An offense that would constitute misdemeanor battery pursuant to 61-2-9(c) of this code if committed by an adult.
(c) The juvenile or the victim or both may decline and shall not be required to participate in a restorative justice program: Provided, That any declination by the juvenile or the victim or both shall not preclude future participation in a restorative justice program during the current proceeding or any subsequent proceeding under this article.
(d) A restorative justice program shall implement measures agreed to by the victim and the juvenile which are designed to provide redress to the victim and community, including, but not limited to, restitution to the victim, restitution to the community, services for the victim, services for the community, or any other reasonable measure intended to provide restitution or services to the victim or the community.
(e) If a juvenile is referred to, and successfully completes, a restorative justice program, including all agreed-to measures pursuant to subsection (d) of this section, the petition against the juvenile shall be dismissed.
(f) No self-incriminating information obtained from the juvenile as the result of a restorative justice program is admissible as evidence against him or her in a subsequent proceeding under this article.
