(a) A drug offender shall not be eligible for the drug court program if:(1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;(2) The underlying offense involves an offense that requires registration as a sex offender pursuant to the article twelve, chapter fifteen of this Code;(3) The drug offender has a prior felony conviction in this state or another state for a felony crime of violence; or(4) The drug offender has a prior conviction in this state or another state for a crime that requires registration as a sex offender pursuant to article twelve, chapter fifteen of this Code.(b) Eligible offenses may be further restricted by the rules of a specific drug court program.(c) Nothing in this section shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.
West Virginia Legal Code