The bill amends the West Virginia Domestic Violence Act to strengthen domestic violence intervention and support programs. It introduces a new definition for "abuse intervention program," which is characterized as a licensed educational initiative focused on fostering nonviolent relationships. The Family Protection Services Board is continued with updated membership requirements, including representatives from domestic violence programs and the West Virginia Supreme Court of Appeals. The board is empowered to propose rules, assess program needs, conduct licensure reviews, and ensure compliance with standards. Additionally, the bill establishes licensure requirements for domestic violence programs and introduces provisional and conditional licenses to allow programs to rectify deficiencies while under oversight.

Furthermore, the bill modifies the deferred adjudication process for certain domestic violence-related offenses, permitting defendants to participate in abuse intervention programs as part of their conditions. It outlines procedures for defendants who plead guilty, allowing them to withdraw their plea if they comply with court-imposed terms, which could lead to case dismissal or a plea to a lesser offense. If a defendant violates these terms, the prosecuting attorney may file a motion to accept the original plea, prompting a court hearing to determine if there is reasonable cause for the violation. The bill clarifies that these procedures are distinct from those in Rule 11(a)(2) of the West Virginia Rules of Criminal Procedure and is set to take effect 90 days after passage.

Statutes affected:
Introduced Version: 48-26-203, 48-26-301, 48-26-401, 48-26-402, 48-26-403, 48-26-406, 48-26-701, 61-11-22a
Committee Substitute: 48-26-203, 48-26-301, 48-26-401, 48-26-402, 48-26-403, 48-26-406, 48-26-701, 61-11-22a
Engrossed Committee Substitute: 48-26-203, 48-26-301, 48-26-401, 48-26-402, 48-26-403, 48-26-406, 48-26-701, 61-11-22a
Enrolled Committee Substitute: 48-26-203, 48-26-301, 48-26-401, 48-26-402, 48-26-403, 48-26-406, 48-26-701, 61-11-22a