WEST virginia legislature

2023 regular session

Committee Substitute

for

House Bill 3445

By Delegates Nestor and Kirby

[Originating in the Committee on the Judiciary; Reported on February 21, 2023]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-30, relating to probation and parole; creating earned compliance credits for individuals on probation and parole for certain behaviors and actions to incentivize rehabilitation efforts; authorizing supervising officers to recommend rescinding of credit to the court in certain circumstances; and requiring the Division of Corrections and Rehabilitation and the Division of Probation Services to provide annual reports to the Legislature.

Be it enacted by the Legislature of West Virginia:

ARTICLE 12. probation and parole.

§62-12-30. Earned compliance credits for probation and parole.

(a) Any period of probation or parole may be reduced by earned compliance credits under the provisions of this section.

(b) An individual shall receive 30 days of earned compliance credits for each 30 day period in which the individual has substantially fulfilled all the conditions of their probation or parole.

(c) In addition to any compliance credits earned pursuant to any other subsection, an individual shall receive 30 days of earned compliance credits for each 90 day period in which they have maintained employment.

(d) In addition to any compliance credits earned pursuant to any other subsection, an individual shall receive any combination of earned compliance credits toward the completion of their period of probation or parole in accordance with the following:

(1) An individual shall receive earned compliance credits toward the completion of their period of probation or parole for the full payment of court costs, fines, supervision fees, and restitution as follows:

(A) Court costs: 30 days;

(B) Fines: 30 days;

(C) Supervision fees: 30 days; and

(D) Restitution: 30 days.

(2) An individual may receive earned compliance credits toward the completion of their period of probation or parole for the successful completion of treatment or rehabilitation programs as follows:

(A) Parenting class or parental responsibility program, as designated or approved by the individual’s supervising officer: 30 days;

(B) Anger management or violence prevention program, as designated or approved by the individual’s supervising officer: 30 days:

(C) Other life skills, training, or development program, as designated or approved by the individual’s supervising officer: 30 days:

(D) Vocational, technical, or career education or training program, as designated or approved by the individual’s supervising officer: 60 days:

(E) Alcohol or substance abuse counseling or treatment, as designated or approved by the individual’s supervising officer: 60 days; and

(F) Any other faith-based, volunteer, or community-based program ordered or approved by the court or the individual’s supervising officer: 60 days.

(3) An individual may receive earned compliance credits toward the completion of their period of probation or parole for earning after sentencing the following diplomas, certificates, or degrees:

(A) A high school diploma or high school equivalency certificate: 90 days; and

(B) An associate’s or bachelor’s degree: 180 days: and

(C) A master’s or professional degree: 180 days.

(e) The earned compliance credit periods set forth in subsections (a) through (d) may not be used to reduce a period of probation or parole in such a manner as to allow a probationer or parolee to be released from supervision prior to completing court or board programming or treatment, including but not limited to treatment courts.

(f) If the supervising probation or parole officer has determined that a person on probation or parole has not been compliant with a condition of his or her probation or parole in a given calendar month, the supervising officer may recommend that the court or parole board rescind up to 30 days of earned compliance credits as an administrative sanction in lieu of bringing the violation pursuant to §62-12-10 or §62-12-19 of this code.

(g) A person who has had his or her probation or parole revoked may not use previously earned compliance credit to reduce a subsequent sentence of incarceration or subsequently imposed period of probation or parole absent an express authorization to do so by the circuit court or parole board.

(h) The Division of Corrections and Rehabilitation shall provide annually to the Speaker of the House of Delegates and the President of the Senate the number and percentage of people under parole supervision who qualify for earned discharge in one or more months of the year and the average amount of credits earned within the year.

(i) The Division of Probation Services shall provide annually to the Speaker of the House of Delegates and the President of the Senate the number and percentage of people under probation supervision who qualify for earned discharge in one or more months of the year and the average amount of credits earned within the year.

NOTE: The purpose of this bill is to create earned compliance credits for individuals on probation and parole for certain behaviors and actions to incentivize rehabilitation efforts. The bill authorizes supervising officers to recommend rescinding of credit to the court in certain circumstances. Finally, the bill requires the Division of Corrections and Rehabilitation and the Division of Probation Services to provide annual reports to the Legislature.

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