# W. Va. Code § 62-12-7A: Presentence diagnosis and classification; power of court; custody of convicted person; provision for presentence reports; penalty for escape

> West Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S7A

## Section

- **Citation:** W. Va. Code § 62-12-7A
- **Heading:** Presentence diagnosis and classification; power of court; custody of convicted person; provision for presentence reports; penalty for escape
- **Jurisdiction:** West Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** WV Code / Chapter 62 / Article 12 / Section 7A

## Text

Notwithstanding any other provision of law, when any person has been found guilty of, or pleads guilty to, a felony, or any offense described in article eight-d or eight-b, chapter sixty-one of this code, against a minor child, the court may, prior to pronouncing of sentence, direct that the person be delivered into the custody of the commissioner of corrections, for the purpose of diagnosis and classification for a period not to exceed sixty days: Provided, That the court shall require that a presentence report be completed by the probation officer assigned to that person and be made available to the commissioner of corrections prior to delivery of the person to a statutorily approved diagnosis and classification unit of the Division of Corrections. While at the diagnosis and classification unit the person shall undergo examination, diagnosis and classification and shall then be remanded and delivered to the custody of the sheriff of the county wherein he or she was found guilty or entered such plea. Within ten days following the termination of the examination, diagnosis and classification, the commissioner of corrections shall make or cause to be made a report to the court wherein the person was found guilty, or entered a plea of guilty, containing the results, findings, conclusions and recommendations of the commissioner with respect to such person.

Whenever a person is remanded into the custody of the commissioner of corrections pursuant to this section, the person shall be given credit on any sentence subsequently imposed by the court equal to the time spent in such custody.

## Nearby sections

- [W. Va. Code § 62-12-1 §62-12-1. Courts having authority to place offenders on probation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S1.md)
- [W. Va. Code § 62-12-2 §62-12-2. Eligibility for probation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S2.md)
- [W. Va. Code § 62-12-3 §62-12-3. Suspension of sentence and release on probation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S3.md)
- [W. Va. Code § 62-12-4 §62-12-4. Probation of offenders convicted in courts other than courts of record.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S4.md)
- [W. Va. Code § 62-12-5 §62-12-5. Probation officers and assistants.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S5.md)
- [W. Va. Code § 62-12-6 §62-12-6. Powers and duties of probation officers.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S6.md)
- [W. Va. Code § 62-12-7 §62-12-7. Pretrial and preliminary investigation; report on prospective probationers.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S7.md)
- [W. Va. Code § 62-12-7A §62-12-7a. Presentence diagnosis and classification; power of court; custody of convicted person; provision for presentence reports; penalty for escape.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S7A.md)
- [W. Va. Code § 62-12-8 §62-12-8. Record of order as to release on probation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S8.md)
- [W. Va. Code § 62-12-9 §62-12-9. Conditions of release on probation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S9.md)
- [W. Va. Code § 62-12-10 §62-12-10. Violation of probation.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S10.md)
- [W. Va. Code § 62-12-11 §62-12-11. Probation period.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S11.md)
- [W. Va. Code § 62-12-12 §62-12-12. Parole Board generally.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S12.md)
- [W. Va. Code § 62-12-12A §62-12-12a. Parole board panels.](https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S12A.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WV_C62_A12_S7A. Check the current official text before relying on it. Not legal advice.