Senate Bill No. 14
(By Senators Love and Hunter)
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[Introduced January 10, 2007; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §62-12-23 of the Code of West Virginia,
1931, as amended, relating to notification of parole hearings;
victim's right to be heard; and adding to the crimes committed
by an offender for which the preparation of a parole hearing
notification form and notification of release on parole is
required.
Be it enacted by the Legislature of West Virginia:
That §62-12-23 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-23. Notification of parole hearing; victim's right to be
heard; notification of release on parole.
(a) Following the sentencing of a person who has been
convicted of murder, aggravated robbery, sexual assault in the
first or second degree, kidnapping, child abuse resulting in
injury, child neglect resulting in injury, arson bank robbery,
voluntary manslaughter, negligent homicide, driving under the influence causing death, fleeing causing death, malicious wounding,
malicious assault, child abuse resulting in death, child neglect
resulting in death or a sexual offense against a minor, the
prosecuting attorney who prosecuted the offender shall prepare a
"Parole Hearing Notification Form". This form shall contain the
following information:
(1) The name of the county in which the offender was
prosecuted and sentenced;
(2) The name of the court in which the offender was prosecuted
and sentenced;
(3) The name of the prosecuting attorney or assistant
prosecuting attorney who prosecuted the offender;
(4) The name of the judge who presided over the criminal case
and who sentenced the offender;
(5) The names of the law-enforcement agencies and officers who
were primarily involved with the investigation of the crime for
which the offender was sentenced; and
(6) The names, addresses and telephone numbers of the victims
of the crime for which the offender was sentenced or the names,
addresses and telephone numbers of the immediate family members of
each victim of the crime, including, but not limited to, each
victim's spouse, father, mother, brothers and sisters.
(b) The prosecuting attorney shall retain the original of the
"Parole Hearing Notification Form" and shall provide copies of it
to the circuit court which sentenced the offender, the parole
board, the Commissioner of Corrections and to all persons whose names and addresses are listed on the "Parole Hearing Notification
Form".
(c) At least forty-five days prior to the date of a parole
hearing, the parole board shall notify all persons who are listed
on the "Parole Hearing Notification Form" of the date, time and
place at which a parole hearing will be held. Such The notice
shall be sent by certified mail, return receipt requested. The
notice shall state that the victims of the crime have the right to
submit a written statement to the parole board and to attend the
parole hearing to be heard regarding the propriety of granting
parole to the prisoner. The notice shall also state that only the
victims may submit written statements and speak at the parole
hearing unless a victim is deceased, is a minor or is otherwise
incapacitated.
(d) The panel considering the parole shall inquire during the
parole hearing as to whether the victims of the crime or their
representatives, as provided in this section, are present. If so,
the panel shall permit those persons to speak at the hearing
regarding the propriety of granting parole for the prisoner.
(e) If the panel grants parole, it shall immediately set a
date on which the prisoner will be released. Such The date shall
may be no earlier than thirty days after the date on which parole
is granted. On the date on which parole is granted, the parole
board shall notify all persons listed on the "Parole Hearing
Notification Form" that parole has been granted and that the
prisoner will be released on a particular date. A written statement of reasons for releasing the prisoner, prepared pursuant
to subdivision (4), subsection (b), section thirteen of this
article, shall be provided upon request to all persons listed on
the "Parole Hearing Notification Form".
NOTE: The purpose of this bill is to add to the crimes
committed by an offender for which the preparation of a parole
hearing notification form and notification of release on parole is
required.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.