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Bill

HB 4603

Relating to the creation of the process of obtaining and adjudicating a pre-adjudicatory alternative disposition

2026 Regular Session Introduced by Adam Burkhammer and 8 co-sponsors

West Virginia bill creating formal procedures for pre-adjudicatory case alternatives, allowing resolution outside court before charges are proven to reduce court burden and criminal records.

Senate requests House to concur
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Bill Summary · HB 4603

Legislative bill overview

HB 4603 establishes a formal process in West Virginia for pre-adjudicatory alternative disposition—a mechanism allowing certain cases to be resolved outside traditional court adjudication before formal charges are filed or proven. The bill creates procedures for obtaining and managing these alternative outcomes, which typically involve diversion programs, restitution, or other non-punitive resolutions for eligible cases.

Why is this important

Pre-adjudicatory alternatives can reduce court caseloads, lower incarceration rates, and provide faster resolution for lower-level offenses while allowing individuals to avoid criminal records. However, the effectiveness and fairness of such programs depend heavily on implementation details, funding, oversight mechanisms, and whether safeguards exist to prevent coerced participation or disparate application across demographic groups.

Potential points of contention

  • Prosecutorial discretion: The bill may grant significant power to prosecutors in determining who qualifies for alternatives, raising concerns about inconsistent application and potential bias without clear eligibility standards
  • Due process protections: Unclear whether participants receive adequate legal representation and informed consent procedures, or whether vulnerable populations might be pressured into accepting alternatives they don't fully understand
  • Victim involvement: Limited information on how victim rights and input are incorporated into the alternative disposition process, particularly in cases involving harm or restitution

Compiled from official sources — confirm details with the bill’s official record.

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