H. B. 2316
(By Delegates Coleman and Stemple)
[Introduced
February 19, 2001
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section eighteen, article twelve,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to probation
and parole; and removing credit for good conduct when
determining a period of parole.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article twelve, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-18. Period of parole; discharge.
The period of parole shall be the maximum of any sentence, less deductions for
good conduct and work as provided by law, for
which the paroled prisoner, at the time of release, was subject to
imprisonment under his or her definite or indeterminate sentence,
as the case may be:
Provided, That any time after a parolee has
been on parole for a period of one year from the date of his or her
release, the board may, when in its judgment the ends of parole
have been attained and the best interests of the state and the
parolee will be served thereby, release the parolee from further
supervision and discharge him or her from parole:
Provided,
however, That no inmate sentenced to serve a life term of
imprisonment and released on parole
shall may be discharged from
supervision and parole in a period less than five years from the
date of his or her release on parole.
No parolee who has violated the terms of his or her release on
parole by confession to, or being convicted of, in any state of the
United States, the District of Columbia, or the territorial
possessions of the United States, the crime of treason, murder,
aggravated robbery, first degree sexual assault, second degree
sexual assault, a sexual offense against a minor, incest or
offenses with the same essential elements if known by other terms
in other jurisdictions
shall may be discharged from parole. A parolee serving a sentence in any correctional facility of another
state or the United States may, unless incarcerated for one of the
above enumerated crimes, be discharged from parole while so serving
his or her sentence in
said the correctional facility, or be
continued on parole or returned to West Virginia as a parole
violator, in the discretion of the parole board.
NOTE: The purpose of this bill is to remove from a period of
parole any credit for good conduct.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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