H. B. 4469
(By Delegates Manuel, Warner,
Pino, Faircloth and Michael)
[Introduced February 13, 2004; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §62-12-17 of the code of West Virginia,
1931, as amended, relating to allowing the commissioner of the
division of corrections to increase the parolee supervision
fee to forty dollars.
Be it enacted by the Legislature of West Virginia:
That §62-12-17 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-17. Conditions of release on parole.
(a) Release and supervision on parole of any person, including
the supervision by the division of corrections of any person
paroled by any other state or by the federal government, shall be
upon the following conditions:
(1) That the parolee may not, during the period of his or her
parole, violate any criminal law of this or any other state or of the United States;
(2) That he or she may not, during the period of his or her
parole, leave the state without the consent of the division;
(3) That he or she shall comply with the rules
and regulations
prescribed by the division for his or her supervision by the parole
officer;
(4) That in every case
wherein in which the parolee for a
conviction is seeking parole from an offense against a child,
defined in section twelve, article eight, chapter sixty-one of this
code; or article eight-b or eight-d of said chapter, or similar
convictions from other jurisdictions where the parolee is returning
or attempting to return to this state pursuant to the provisions of
article six, chapter twenty-eight of this code, the parolee
shall
may not live in the same residence as any minor child, nor exercise
visitation with any minor child nor
shall may he or she have any
contact with the victim of the offense;
and
(5) That the parolee, and all federal or foreign state
probationers and parolees whose supervision may have been
undertaken by this state,
shall be is required to pay a fee, based
on his or her ability to pay, not to exceed
twenty forty dollars
per month to defray costs of supervision.
(b) The commissioner shall keep a record of all actions taken
and account for moneys received. No provision of this section
shall be construed to prohibit prohibits the division from collecting
such the fees and conducting
such the checks upon the
effective date of this section. All moneys shall be deposited in
a special account in the state treasury to be known as the
"Parolee's Supervision Fee Fund." Expenditures from
said the fund
shall be for the purposes of providing parole supervision required
by the provisions of this code and are not authorized from
collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code.
Provided, That for the fiscal year ending the
thirtieth day of June, one thousand nine hundred ninety-four,
expenditures are authorized from collections rather than pursuant
to an appropriation by the Legislature Amounts collected which are
found from time to time to exceed the funds needed for purposes set
forth in this article may be transferred to other accounts or funds
and redesignated for other purposes by appropriation of the
Legislature.
(c) The division shall consider the following factors in
determining whether a parolee or probationer is financially able to
pay the fee:
(A) (1) Current income prospects for the parolee or
probationer, taking into account seasonal variations in income;
(B) (2) Liquid assets of the parolee or probationer, assets of the parolee or probationer that may provide collateral to obtain
funds and assets of the parolee or probationer that may be
liquidated to provide funds to pay the fee;
(C) (3) Fixed debts and obligations of the parolee or
probationer, including federal, state and local taxes and medical
expenses;
(D) (4) Child care, transportation and other reasonably
necessary expenses of the parolee or probationer related to
employment;
and
(E) (5) The reasonably foreseeable consequences for the
parolee or probationer if a waiver of, or reduction in, the fee is
denied.
(d) In addition, the division may impose, subject to
modification at any time, any other conditions which the division
may deem considers advisable.
NOTE: The purpose of this bill is to allow the Commissioner
of the Division of Corrections to increase the parolee supervision
fee from twenty to forty dollars.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended for introduction and passage during
the 2004 legislative session by the Legislative Oversight Committee
on the Regional Jail and Correctional Facility Authority.
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