ENROLLED
Senate Bill No. 317
(By Senators Love, Hunter, White, McKenzie and Rowe)
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[Passed March 13, 2004; to take effect July 1, 2004.]
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AN ACT 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 prescribed by
the division for his or her supervision by the parole officer;
(4) That in every case 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 may not
live in the same residence as any minor child nor exercise
visitation with any minor child nor 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, is required to pay a fee, based on his or
her ability to pay, not to exceed 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
prohibits the division from collecting the fees and conducting 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 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. 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:
(1) Current income prospects for the parolee or probationer,
taking into account seasonal variations in income;
(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;
(3) Fixed debts and obligations of the parolee or probationer,
including federal, state and local taxes and medical expenses;
(4) Child care, transportation and other reasonably necessary expenses of the parolee or probationer related to employment; and
(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
considers advisable.