ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 3305
(By Delegates Webster, Caputo, Frazier,
Hutchins, Kominar, Miley, Moore and Staggers)
[Passed April 10, 2009; in effect ninety days from passage.]
AN ACT to amend and reenact §62-12-6 of the Code of West Virginia,
1931, as amended, relating to the powers and duties of
probation officers; authorizing probation officers to arrest
persons who violate conditions of probation or supervised
release; eliminating the authority of probation officers to
collect money; eliminating the requirement that probation
officers post bond; and specifying the manner in which
probation officers may exercise the power to arrest
probationers and persons under their supervision.
Be it enacted by the Legislature of West Virginia:
That §62-12-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-6. Powers and duties of probation officers.
(a) Each probation officer shall investigate all cases which
the court refers to the officer for investigation and shall report
in writing on each case. The probation officer shall furnish to
each person released on probation under the officer's supervision
a written statement of the probationer's conditions of probation together with a copy of the rules prescribed by the court for the
supervision of probationers. The probation officer shall stay
informed concerning the conduct and condition of each probationer
under the officer's supervision and shall report on the conduct and
condition of each probationer in writing as often as the court
requires. The probation officer shall use all practicable and
suitable methods to aid and encourage the probationer to improve
his or her conduct and condition. The probation officer shall
maintain detailed work records and shall perform any other duties
the court requires. The probation officer has authority, with or
without an order or warrant, to arrest any probationer as provided
in section ten of this article, and to arrest any person on
supervised release when there is reasonable cause to believe that
the person on supervised release has violated a condition of
release. A person on supervised release so arrested shall be
brought before the court for a prompt and summary hearing.
(b) Notwithstanding any provision of this code to the
contrary:
(1) Any probation officer appointed on or after July 1, 2002,
may carry handguns in the course of the officer's official duties
after meeting specialized qualifications established by the
Governor's Committee on Crime, Delinquency and Correction, which
qualifications shall include the successful completion of handgun
training, including a minimum of four hours' training in handgun
safety and comparable to the handgun training provided to
law-enforcement officers by the West Virginia State Police.
(2) Probation officers may only carry handguns in the course
of their official duties after meeting the specialized qualifications set forth in subdivision (1) of this subsection.
(3) Nothing in this subsection includes probation officers
within the meaning of law-enforcement officers as defined in
section one, article twenty-nine, chapter thirty of this code.
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