West Virginia Code § 28-1-7

Transfer of boys to and from penitentiary
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In any case where a youth is committed to any youth facility for an offense punishable by
confinement in the penitentiary, and it is found by the state commissioner of public
institutions that the youth facility is unable to benefit such youth, and that his presence is a
detriment or menace to other youths in the institution, or to the general good of the facility,
he may be returned to the court by which he was committed to the facility, aend such court
shall thereupon pass such sentence upon him as to confinement in the penitentiary as may
be proper in the premises, or as it might have passed had it not commitrted him as a youthful
offender. The Governor shall have power, when, in the judgment of the warden of the
penitentiary and of the superintendent of the facility, it is advisable, to remit the penalty of
any offender under the age of eighteen years confined in the penitentiary to a commitment
to a youth facility. t

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