Senate Bill No. 178
(By Senators Ball, Dittmar, Redd, Oliverio,
Love and L. Anderson)
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[Introduced January 21, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend article twelve, chapter sixty-two of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-four, relating to requiring an inmate to make written
motion, upon timely notice, to support a request for a
continuance of any proceeding before the board of probation
and parole.
Be it enacted by the Legislature of West Virginia:
That article twelve, chapter sixty-two of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-four, to read as follows:
ARTICLE 12. PROBATION AND PAROLE
§62-12-24. Motion to continue for good cause and timely notice required.
Unless otherwise promulgated by rule, an inmate, for his or
her motion to continue a previously scheduled proceeding before
the board of probation and parole, must file a written motion
showing good cause for the continuance and he or she must serve
the motion upon an officer of the division of corrections no
later than ten days prior to the hearing sought to be continued.
NOTE: The purpose of this bill is to stop the present
practice of inmates postponing hearings so close to the event as
to cause great inconvenience to the members of the board.
This section is new; therefore, strike-throughs and
underscoring have been omitted.