{"data":{"id":"us-wv/w.-va.-code-16-47-5","jurisdiction":"us-wv","citation":"W. Va. Code § 16-47-5","heading":"Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought.","body":"(a) The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:\n(1) Deferred prosecution under §60-6-26 or §60A-4-407 of this code;\n(2) Pretrial diversion under §61-11-22 of this code;\n(3) Adjudication in drug court under §62-15-1 et seq. of this code or §49-4-703 of this code; or\n(4) Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:\n(A) Probation;\n(B) Conditional discharge under §60-6-26 of this code; or\n(C) The weekend jail program, the work program or the community service program under §62-11A-1a of this code.\n(b) Notwithstanding any other provision of this section to the contrary, a person who may seek immunity or clemency pursuant to subsection (a) of this section and is charged with an offense not exempted by §16-47-4(a) of this code may enter a plea of guilty to an offense exempted by §16-47-4(a) of this code if the person, after consultation with his or her attorney, so desires.","path":["CHAPTER 16. PUBLIC HEALTH.","ARTICLE 47. ALCOHOL AND DRUG OVERDOSE PREVENTION AND CLEMENCY ACT."],"source_url":"https://code.wvlegislature.gov/16-47-5/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:23:42Z","sha256":"4c874c6dfcb83d6ddcfa63e099989db13cfd9811ddd51f695d990f5b9877fc45","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-16-47-4","next":"us-wv/w.-va.-code-16-47-6"},"notice":"GroundRules: Original legal text. Not legal advice."}