H. B. 2205
(By Delegate Bennett)
[Introduced January 24, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twelve-a, article five,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to preventing
escapees from being eligible for parole or a good time
deduction.
Be it enacted by the Legislature of West Virginia:
That section twelve-a, article five, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-12a. Escape from custody of the commissioner of
corrections.
(a) Any person who escapes from the custody of the
commissioner of corrections, regardless of where such person is
confined or where such escape occurs, is guilty of a felony, and,
upon conviction thereof, shall be imprisoned in the penitentiary
not more than five years. A term of imprisonment imposed
pursuant to the provisions of this section shall be imposed as a
consecutive sentence and shall not be served concurrently with
any imprisonment, confinement or detention imposed under any
prior sentence being served or otherwise being discharged at the
time such person commits an offense under the provisions of this
section. A person charged with an offense under the provisions
of this section shall not be released from the custody of the
commissioner of corrections while the prosecution of the alleged
offense is pending: Provided, That time served by such person
after any other prior sentence has been served or otherwise
discharged shall be applied to any sentence which may ultimately
be imposed for an offense under this section. Venue for the
prosecution of a violation of this section shall be in the county in which the escape occurs.
(b) Notwithstanding any other code provisions, any person
sentenced under this section shall not be eligible for parole or
good time deduction, but shall instead serve the full sentence
imposed.
NOTE: The purpose of this bill is to provide that an
escapee shall not be entitled to parole as is now the case after
serving one-fourth of his sentence, and, in addition, an escapee
shall not receive good time deduction, which if given would
effectively discharge a one year sentence after six months, and
discharge the maximum sentence of five years after two and
one-half years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.