Read the full stored bill text
HB 4662 Text
skip navigation
SENATE
PRESIDENT
SENATORS
COMMITTEES
VIDEO/AUDIO
DISTRICT MAPS
SENATE CLERK
SENATE RULES
HOUSE
SPEAKER
DELEGATES
COMMITTEES
VIDEO/AUDIO
DISTRICT MAPS
HOUSE CLERK
HOUSE RULES
HOUSE STAFF
JOINT
INTERIM COMMITTEES
LEGISLATIVE ADMINISTRATOR
LEGISLATIVE SERVICES DIVISION
PUBLIC INFORMATION
LEGISLATIVE AUTOMATED SYSTEMS DIVISION
LEGISLATIVE AUDITOR'S OFFICE
PERFORMANCE EVALUATION & RESEARCH DIVISION
POST AUDIT DIVISION
BUDGET DIVISION
REGULATORY AND FISCAL AFFAIRS DIVISION
CLAIMS COMMISSION
CRIME VICTIMS
RULE-MAKING REVIEW
SPECIAL INVESTIGATIONS
JUDICIAL COMP. COMMISSION
JOINT RULES
STAFF INFO
BILL STATUS
BILL STATUS
BILL TRACKING
STATE LAW
WEST VIRGINIA CODE
ACTS OF THE LEGISLATURE
CODE OF 1931
WV CONSTITUTION
US CONSTITUTION
REPORTS
AGENCY REPORTS
AGENCY GRANT AWARDS
PERFORMANCE EVALUATIONS
POST AUDITS
EDUCATIONAL
CITIZEN’S GUIDE
INTERNSHIP PROGRAM
PAGE PROGRAM
PUBLICATIONS
PHOTO GALLERY
CAPITOL HISTORY
HOW A BILL BECOMES LAW
CONTACT
SENATE ROSTER
HOUSE ROSTER
PUBLIC INFO.
NEWS RELEASES
HELPFUL LINKS
Introduced Version
House Bill 4662 History
|
Email
Key:
Green
= existing Code.
Red
= new code to be enacted
WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
House Bill 4662
By Delegates Brooks, T. Howell, Adkins, and Green
[Introduced January 21, 2026; referred to the Committee on the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §62-8-1a, relating to crimes by and proceedings against inmates; and creating the offense of being in possession of drugs or testing positive for drug use while incarcerated; mandating testing after three months of incarceration; and creating penalties.
Be it enacted by the Legislature of West Virginia:
Article 8. Crimes by and Proceedings Against Inmates.
§62-8-1a. Inmates in possession of illegal drugs or testing positive for illegal drugs while incarcerated; penalties; when testing begins.
(a) While incarcerated, inmates should not be in possession of illegal drugs nor test positive for the use of illegal drugs. If any inmate is found to be in possession of illegal drugs or tests positive for illegal drugs while incarcerated, the following penalties shall apply:
(1) For a first offense, the incarcerated individual shall have six months added to the sentence they are currently serving, with any term of confinement pursuant to this subdivision is to be consecutive to any term of confinement already imposed; and
(2) For a second or subsequent offense, the incarcerated individual shall have one year added to the sentence they are currently serving, which shall be served consecutively in addition to the current sentence, for each instance of possession or a positive drug test; and
(3) If there are multiple instances of possession or positive drug tests, the sentences shall run consecutive following the completion of the sentence the incarcerated individual is currently serving.
(b) Testing for the use of illegal drugs shall begin after three months of incarceration for every incarcerated individual and shall be conducted thereafter in accordance with the availability of testing equipment and staff to conduct said tests or upon suspicion that the incarcerated individual may be in possession of illegal drugs or fail a drug test for illegal drugs.
NOTE: The purpose of this bill is to create the offense of being in possession of drugs or testing positive for drug use while incarcerated, setting penalties for first, second, and subsequent offenses, and mandating testing after three months of incarceration for illegal drugs.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
Bill Status
|
Bill Tracking
|
Legacy WV Code
|
Bulletin Board
|
District Maps
|
Senate Roster
|
House Roster
|
Live
|
Blog
|
Jobs
|
Links
|
Home
This Web site is maintained by the
West Virginia Legislature's Office of Reference & Information.
|
Terms of Use
|
Webmaster
| © 2026 West Virginia Legislature **
Print On Demand
Name:
Email:
Phone: