H. B. 3196
(By Delegates Amores, Fleischauer, Palumbo
and Guthrie)
[Introduced February 22, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-12-23 of the Code of West Virginia,
1931, as amended, relating to notifying persons of a
defendants parole hearing who lived with the victim at the
time of the crime and for twelve months preceding the crime.
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, kidnapping, child abuse resulting in
injury, child neglect resulting in injury, arson 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.
This shall
also include a person who resided with the victim at the time of
the crime and for at least twelve months preceding the crime.
(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 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) The panel considering the parole 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 panel shall permit those persons to speak at the hearing
regarding the propriety of granting parole for the prisoner.
(e) If the panel grants parole, it shall immediately set a
date on which the prisoner will be released.
Such This date shall
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 (b), section thirteen of this article, shall be provided
upon request to all persons listed on the "Parole Hearing
Notification Form."
NOTE: The purpose of this bill is to notify persons of a
convicted defendants parole hearing who lived with the victim at the time of the crime and for twelve months preceding the crime.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.