COMMITTEE SUBSTITUTE
FOR
H. B. 2315
(By Delegates Perry, Beach, Pino, Stemple and Michael)
(Originating in the Committee on the Judiciary.)
[January 19, 2007]
A BILL to amend and reenact §62-12-23 of the Code of West Virginia,
1931, as amended, relating to notification of parole hearings;
victim's right to be heard; adding to the crimes committed by
an offender for which the preparation of a parole hearing
notification form and notification of release on parole is
required; and establishing specific requirements for the
notice to be provided to the applicable prosecutor, circuit
court and law enforcement agencies.
Be it enacted by the Legislature of West Virginia:
That §62-12-23 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-23. Notification of parole hearing; victim's right to be
heard; notification of release on parole.
(a) Following the sentencing of a person who has been
convicted of murder, aggravated robbery, sexual assault in the first or second degree, kidnaping, child abuse resulting in injury,
child neglect resulting in injury, arson,
bank robbery, voluntary
manslaughter, driving under the influence causing death, fleeing
causing death, malicious wounding, malicious assault, child abuse
resulting in death, child neglect resulting in death or a sexual
offense against a minor, the prosecuting attorney who prosecuted
the offender shall prepare a "Parole Hearing Notification Form."
This form shall contain the following information:
(1) The name of the county in which the offender was
prosecuted and sentenced;
(2) The name of the court in which the offender was prosecuted
and sentenced;
(3) The name of the prosecuting attorney or assistant
prosecuting attorney who prosecuted the offender;
(4) The name of the judge who presided over the criminal case
and who sentenced the offender;
(5) The names of the law-enforcement agencies and officers who
were primarily involved with the investigation of the crime for
which the offender was sentenced; and
(6) The names, addresses and telephone numbers of the victims
of the crime for which the offender was sentenced or the names,
addresses and telephone numbers of the immediate family members of
each victim of the crime, including, but not limited to, each
victim's spouse, father, mother, brothers and sisters.
(b) The prosecuting attorney shall retain the original of the
"Parole Hearing Notification Form," and shall provide copies of it to the circuit court which sentenced the offender, the Parole
Board, the Commissioner of Corrections and to all persons whose
names and addresses are listed on the "Parole Hearing Notification
Form".
(c) At least forty-five days prior to the date of a parole
hearing, the Parole Board shall notify all persons who are listed
on the "Parole Hearing Notification Form" of the date, time and
place at which a parole hearing will be held.
Such The notice
shall be sent
to the victim or victim's family members by certified
mail, return receipt requested. The notice shall state that the
victims of the crime have the right to submit a written statement
to the Parole Board and to attend the parole hearing to be heard
regarding the propriety of granting parole to the prisoner. The
notice shall also state that only the victims may submit written
statements and speak at the parole hearing unless a victim is
deceased, is a minor or is otherwise incapacitated.
(d) At least forty-five days prior to the date of a parole
hearing, the parole board shall notify the prosecuting attorney,
the circuit court and the law enforcement agencies listed on the
"Parole Hearing Notification Form" of the date, time and place at
which a parole hearing will be held. The notice of hearing to such
entities may be provided by telefacsimile or by certified mail,
return receipt requested.
(d)(e) The Parole Board shall inquire during the parole
hearing as to whether the victims of the crime or their
representatives, as provided in this section, are present. If so, the Parole Board shall permit those persons to speak at the hearing
regarding the propriety of granting parole for the prisoner.
(e)(f) If the Parole Board grants parole, it shall immediately
set a date on which the prisoner will be released.
Such The date
shall may be no earlier than thirty days after the date on which
parole is granted. On the date on which parole is granted, the
Parole Board shall notify all persons listed on the "Parole Hearing
Notification Form" that parole has been granted and that the
prisoner will be released on a particular date. A written
statement of reasons for releasing the prisoner, prepared pursuant
to subdivision (4), subsection (d), section thirteen of this
article, shall be provided upon request to all persons listed on
the "Parole Hearing Notification Form."
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.