Senate Bill No. 187
(By Senators Love, Sharpe, White, Yoder and Hunter)
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[Introduced February 14, 2005; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact §62-12-10 of the Code of West Virginia,
1931, as amended, relating to limiting the eligibility of a
person for parole if the person has violated the terms and
conditions of probation or home incarceration.
Be it enacted by the Legislature of West Virginia:
That §62-12-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-10. Violation of probation.
If at any time during the period of probation there
shall be
is reasonable cause to believe that the probationer has violated
any of the conditions of his
or her probation, the probation
officer may arrest
him the probationer with or without an order or
warrant, or the court which placed
him the probationer on
probation, or the judge
thereof of the court in vacation, may issue
an order for his
or her arrest, whereupon
he the probationer shall
be brought before the court, or the judge
thereof of the court in
vacation, for a prompt and summary hearing. If it
shall then appear appears to the satisfaction of the court or judge that any
condition of probation has been violated, the court or judge may
revoke the suspension of imposition or execution of sentence,
impose sentence if none has been imposed, and order that sentence
be executed. In computing the period for which the offender is to
be imprisoned, the time between his
or her release on probation and
his
or her arrest
shall may not be taken to be any part of the term
of his
or her sentence. If, despite a violation of the conditions
of probation, the court or judge
shall be of the opinion finds that
the interests of justice do not require that the probationer serve
his
or her sentence, the court or judge may, except when the
violation was the commission of a felony, again release
him the
probationer on probation.
Any person having been found to have
violated the terms and conditions of his or her probation or home
incarceration pursuant to section nine, article eleven-b of this
chapter and subsequently imprisoned is not eligible for
consideration for release upon parole until the person has served
a minimum of one full year imprisonment or until they are otherwise
parole eligible, whichever is longer.
NOTE: The purpose of this bill is to limit the eligibility of
a person for parole if the person has violated the terms and
conditions of probation or home incarceration.
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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