COMMITTEE SUBSTITUTE
FOR
H. B. 2205
(By Delegate Bennett)

(Originating in the House Committee on the Judiciary)

[February 21, 1995]

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 criminal penalties for persons who escape from the custody of the commissioner of corrections; eligibility for reduced amount of "good time" commutation of sentence; and ineligibility for parole.

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 the provisions of section twenty-seven, article five, chapter twenty-eight of this code, or any other provision of this code, to the contrary, a person sentenced pursuant to subsection (a) of this section is not eligible for any "good time" commutation of such sentence that exceeds fifteen percent of said sentence.
(c) Notwithstanding the provisions of section thirteen, article twelve, chapter sixty-two of this code, or any other provision of this code, to the contrary, a person sentenced pursuant to subsection (a) of this section is not eligible for release from such sentence on parole.