WEST virginia legislature

2020 regular session

Introduced

House Bill 4509

By Delegates Shott, Steele, N. Brown and Maynard

(By Request of the Department of Military Affairs and Public Safety)

[Introduced January 23, 2020; Referred to the Committee on Government Organization]

A BILL to amend and reenact §62-12-12 of the Code of West Virginia, 1931 as amended, relating to transferring the Parole Board to the Division of Corrections and Rehabilitation for purposes of administrative and other support; removing the residency requirements pertaining to counties; removing the work substitution or qualification to serve on the board; specifying the powers and duties of the chairperson; setting forth the process for selecting a vice chairperson; specifying the powers and duties of the vice chairperson; clarifying how a vacancy occurs on the board; creating a temporary or substitute board member list; clarifying how moneys for the board should be appropriated.

Be it enacted by the Legislature of West Virginia:

ARTICLE 12. PROBATION AND PAROLE.

§62-12-12. Parole Board generally.

(a) The West Virginia Parole Board is continued as part of the Division of Corrections and Rehabilitation. The board shall consist of nine members, each of whom shall have been a resident of this state for at least five consecutive years prior to his or her appointment.  No more than five of the board members may at any one time belong to the same political party, except as provided in subsection (b) of this section. The board shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve at the will and pleasure of the Governor.

(b) Appointments shall be made in such a manner that each congressional district is represented and so that no more than four and no less than two members of the board reside in any one congressional district. No more than two members of the board may reside in any one county

(b) The Governor shall appoint one of the nine members to serve as chairperson at the Governor’s will and pleasure.  Notwithstanding the provisions of subsection (a) of this section, the chairperson appointed may be from any political party. In addition to all other powers, duties and responsibilities granted and assigned to the chairperson in this chapter and elsewhere by law or rule, the chairperson shall exercise the following powers, authorities and duties:

(1) To provide for the management of facilities and personnel of the board;

(2) To supervise the administration and operation of the board;

(3) To delegate the powers and duties of his or her office to the vice chairperson or other members of the board, who shall act under the direction of the chairperson and for whose acts he or she shall be responsible:  Provided, That if the position of chairperson shall become vacant by death, resignation, or otherwise, the vice chairperson shall assume all the powers and duties of the chairperson until such time as a new chairperson is appointed pursuant to the provisions of §62-12-12 of this code; and

(4) To exercise all other powers and perform all other duties necessary and proper in carrying out his or her responsibilities as chairperson.

(5) The chair of the board may employ one full time administrative employee, who shall be a classified exempt employee. 

(c) The board, from its membership, shall elect a vice-chairperson, at least once every year, to serve as chair in the absence of a chairperson.  In the absence or at the direction of the chairperson, the vice chairperson shall exercise the powers and duties of the chairperson. The vice chairperson shall, while performing the duties and responsibilities of the chairperson, have all of the statutorily delegated power and duties of the chairperson, and may carry forth the statutory responsibilities as set forth in this article. A resignation of the chairperson or the vice chairperson shall constitute a vacancy of the respective position until such time as that position are filled by the appointment of a new chairperson pursuant to the provisions of subsection-b of this section or the election of a new vice chairperson pursuant to the provisions of this subsection.     (c)(d) Any person initially appointed to the board on or after July 1, 2012, shall have a degree from an accredited college or university. or at least five years of actual experience in the fields of corrections, law enforcement, sociology, law, education, psychology, social work, medicine or a combination thereof and shall be otherwise competent to perform the duties of his or her office All members currently serving on the board shall continue the term he or she is currently serving, unless otherwise removed. The members shall be appointed for overlapping terms of six years. Members are eligible for reappointment. The members of the board shall devote their full time and attention to their board duties. The Governor shall appoint one of the nine appointed members to serve as chairperson at the Governor's will and pleasure

(e) A vacancy on the board shall occur by reason of death, resignation, change of residence from the state, a member not being confirmed by the Senate, removal, or any other cause, until such time as that position is filled by the appointment of a new member.  The Governor may, if he is informed that a vacancy is imminent, appoint a member to fill the imminent vacancy prior to it becoming vacant:  Provided, That the new member shall be appointed no more than 30 days prior to the vacancy occurring and only for purposes of training, shall not assume the powers and duties of the position until the vacancy has actually occurred, and shall not count for the purposes of establishment of a quorum.

(f) The Governor shall appoint no more than five persons to a list of temporary or acting board members, this list shall be used in a rotating fashion. In the case of a long term illness or incapacity of a member, an appointment not being made to an existing vacancy, or other issue leading to a seat on the board being temporarily being empty, one of the members of this list shall fill the seat. These temporary board members shall have the same powers and duties of the regular board members while filling the empty seat. These members shall be reimbursed for expenses, and paid a per-diem rate, set by the Secretary.   

(g) The Division of Corrections and Rehabilitation shall provide administrative and other services to the board as the board requires. Expenses of the board shall be included within the annual budget of the Division of Corrections and Rehabilitation:  Provided, That the salaries of the members appointed pursuant to subsection (b) of this section are to be included in a separate budget for the Parole Board.

NOTE: The purpose of this bill is to transfer the Parole Board to the Division of Corrections and Rehabilitation for purposes of administrative and other support; remove the residency requirements pertaining to counties; remove the work substitution or qualification to serve on the board; clarify the powers and duties of the chairperson; set forth the process for selecting a vice chairperson; specify the powers and duties of the vice chairperson; clarify how a vacancy occurs on the board; create a temporary or substitute board member list; clarify how moneys for the board should be appropriated.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.