Senate Bill No. 614
(By Senators Wooton, Burnette, Caldwell, Fanning, Hunter,
Kessler, Minard, Mitchell, Oliverio, Redd, Rowe,
Facemyer and McKenzie)
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[Originating in the Committee on the Judiciary;
reported February 15, 2002.]
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A BILL to amend and reenact section nineteen, article twelve,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to violation of
parole; and allowing for intermediate sanctions for technical
and nonfelonious parole violations.
Be it enacted by the Legislature of West Virginia:
That section nineteen, article twelve, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-19. Violation of parole.
(a) If at any time during the period of parole there shall be
reasonable cause to believe that the parolee has violated any of the conditions of his or her release on parole, the parole officer
may arrest him or her with or without an order or warrant, or the
commissioner of corrections may issue its written order or warrant
for his or her arrest, which written order or warrant shall be
sufficient for his or her arrest by any officer charged with the
duty of executing an ordinary criminal process. The commissioner's
written order or warrant delivered to the sheriff against the
paroled prisoner shall be a command to keep custody of the parolee
for the jurisdiction of the division of corrections and during the
period of custody, the parolee may be admitted to bail by the court
before which the parolee was sentenced. If the parolee is not
released on a bond, the costs of confining the paroled prisoner
shall be paid out of the funds appropriated for the division of
corrections.
(b) When a parolee is under arrest for violation of the
conditions of his or her parole, he or she shall be given a prompt
and summary hearing, at which the parolee and his or her counsel
shall be given an opportunity to attend. If at the hearing it shall
appear to the satisfaction of the board that the parolee has
violated any condition of his or her release on parole, or any
rules or conditions of his or her supervision, the board may revoke
his or her parole and may require him or her to serve in prison the
remainder or any portion of his or her maximum sentence for which,
at the time of his or her release, he or she was subject to imprisonment: Provided, That if the violation of the conditions of
parole or rules for his or her supervision is not a felony as set
out in section eighteen of this article, the board may, if in its
judgment the best interests of justice do not require revocation,
reinstate him or her on parole. The division of corrections will
effect release from custody upon approval of a home plan.
Notwithstanding any provision of this code to the contrary, when
reasonable cause has been found to believe that a parolee has
violated the conditions of his or her parole but said violation
does not constitute felonious conduct, the commissioner may, in his
or her discretion and with the written consent of the parolee,
allow the parolee to remain on parole with additional conditions or
restrictions. Such additional conditions or restrictions may
include, but shall not be limited to, participation in any program
described in subsection (d), section five, article eleven-c of this
chapter. Compliance by the parolee with such conditions of parole
shall preclude revocation of parole for the conduct which
constituted the violation. Failure of the parolee to comply with
such conditions or restrictions and all other conditions of release
shall constitute an additional violation of parole and the parolee
may be proceeded against under the provisions of this section for
the original violation as well as any subsequent violations.
(c) When a parolee has violated the conditions of his or her
release on parole by confession to, or being convicted of, any of the crimes set forth in section eighteen of this article, he or she
shall be returned to the custody of the division of corrections to
serve the remainder of his or her maximum sentence, during which
remaining part of his or her sentence he or she shall be ineligible
for further parole.
(d) Whenever the parole of a paroled prisoner has been
revoked, the commissioner shall upon receipt of the board's written
order of revocation, convey and transport the paroled prisoner to
a state correctional institution. A paroled prisoner whose parole
has been revoked shall remain in custody of the sheriff until
delivery to a corrections officer sent and duly authorized by the
commissioner for the removal of the paroled prisoner to a state
penal institution; the cost of confining such paroled prisoner
shall be paid out of the funds appropriated for the division of
corrections.
(e) When a paroled prisoner is convicted of, or confesses to,
any one of the crimes enumerated in section eighteen of this
article, it shall be the duty of the board to cause him or her to
be returned to this state for a summary hearing as provided by this
article. Whenever a parolee has absconded supervision, the
commissioner shall issue a warrant for his or her apprehension and
return to this state for the hearing provided for in this article:
Provided, That the board may, if it be of opinion the best
interests of justice do not require revocation, cause the paroled absconder to be reinstated to parole.
(f) A warrant filed by the commissioner shall stay the running
of his or her sentence until the parolee is returned to the custody
of the division of corrections and physically in the state of West
Virginia.
(g) Whenever a parolee who has absconded supervision or has
been transferred out of this state for supervision pursuant to
section one, article six, chapter twenty-eight of this code is
returned to West Virginia due to a violation of parole and costs
are incurred by the division of corrections, the commissioner may
assess reasonable costs from the parolee's inmate funds or the
parolee as reimbursement to the division of corrections for the
costs of returning him or her to the state of West Virginia.
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(NOTE: The purpose of this bill is to authorize intermediate
sanctions for nonfelonious and technical parole violations.
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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