H. B. 4065
(By Delegates Perry, Pino, Stemple and Roberts)
[Introduced January 20, 2006; referred to the
Committee on the Judiciary.]
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, kidnaping, 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 Parole Board 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 Parole Board
shall permit those persons to speak at the hearing regarding the
propriety of granting parole for the prisoner.
(e) If the Parole Board 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 (d), 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.
This bill was recommended for introduction and passage during
the 2006 legislative session by the Legislative Oversight Committee
on the Regional Jail and Correctional Facility Authority.