West Virginia Code § 62-16-3

Definitions
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For the purposes of this article:
"Assessment" means an evaluation to determine whether a criminal defendant is a military
service member as defined by this section, that the offense he or she has been charged with
are attributable to their military service, and if the offender would benefit from the
provisions set forth in this article.
"Court" means a Military Service Members Court.
"Department" means the West Virginia Department of Veterans' Assistance.
"Military Service Members Court program" or "program" is a program that includes pre-
adjudicatory and post-adjudicatory treatment for militaary service members.
"Military service member" means a person who is currently serving in the Army, Air Force,
Marines, Navy, Space Force, or Coast Guard on active duty, reserve status, or in the
National Guard, or a person who served in the active military, or who was discharged or
released under conditions other than dishonorable.
"Offender" means a criminal defendant who qualifies as a military service member under this
article.
"Post-adjudicatory program" means a program in which the offender has admitted guilt or
has been found guilty anLd agrees, with the prosecutor's consent, to enter a court program as
part of his or her sentence.
"Pre-adjudicatory program" means a program that allows the offender, with the consent of
the prosecutor, team, and the court to expedite the offender's criminal case before
conviction or before filing of a criminal case and requires the offender to agree to and
sucWcessfully complete the court program as part of the written agreement.
"VA" means the United States Department of Veterans Affairs.
"VJO" means the Veterans Justice Outreach program of the United States Department of
Veterans Affairs.
"Written agreement" means the agreement executed to allow a military service member to
participate in a court program.

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