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House Bill 2476 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2476
(By Delegates Perry, Beach, Hartman,
Pino and Leach)
[Passed April 9, 2005; in effect ninety days from passage.]
AN ACT to amend and reenact §62-12-19 of the Code of West Virginia,
1931, as amended, relating generally to parole and parole
proceedings; authorizing the Commissioner of the Division of
Corrections to issue subpoenas for persons and records
necessary to prove a violation of the terms and conditions of
a parolee's parole.
Be it enacted by the Legislature of West Virginia:
That §62-12-19 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-19. Violation of parole.
(a) If at any time during the period of parole there is
reasonable cause to believe that the parolee has violated any of
the conditions of his or her release on parole, the parole officer
may arrest him or her with or without an order or warrant, or the
Commissioner of Corrections may issue a written order or warrant for his or her arrest, which written order or warrant is sufficient
for his or her arrest by any officer charged with the duty of
executing an ordinary criminal process. The Commissioner's written
order or warrant delivered to the sheriff against the paroled
prisoner shall be a command to keep custody of the parolee for the
jurisdiction of the Division of Corrections and during the period
of custody, the parolee may be admitted to bail by the court before
which the parolee was sentenced. If the parolee is not released on
a bond, the costs of confining the paroled prisoner shall be paid
out of the funds appropriated for the Division of Corrections.
(b) When a parolee is under arrest for violation of the
conditions of his or her parole, he or she shall be given a prompt
and summary hearing, at which the parolee and his or her counsel
are given an opportunity to attend. If at the hearing it appears
to the satisfaction of the Board that the parolee has violated any
condition of his or her release on parole, or any rules or
conditions of his or her supervision, the Board may revoke his or
her parole and may require him or her to serve in prison the
remainder or any portion of his or her maximum sentence for which,
at the time of his or her release, he or she was subject to
imprisonment: Provided, That if the violation of the conditions of
parole or rules for his or her supervision is not a felony as set
out in section eighteen of this article, the Board may, if in its
judgment the best interests of justice do not require revocation, reinstate him or her on parole. The Division of Corrections shall
effect release from custody upon approval of a home plan.
Notwithstanding any provision of this code to the contrary, when
reasonable cause has been found to believe that a parolee has
violated the conditions of his or her parole but the violation does
not constitute felonious conduct, the Commissioner may, in his or
her discretion and with the written consent of the parolee, allow
the parolee to remain on parole with additional conditions or
restrictions. The additional conditions or restrictions may
include, but are not limited to, participation in any program
described in subsection (d), section five, article eleven-c of this
chapter. Compliance by the parolee with the conditions of parole
precludes revocation of parole for the conduct which constituted
the violation. Failure of the parolee to comply with the
conditions or restrictions and all other conditions of release is
an additional violation of parole and the parolee may be proceeded
against under the provisions of this section for the original
violation as well as any subsequent violations.
(c) When a parolee has violated the conditions of his or her
release on parole by confession to, or being convicted of, any of
the crimes set forth in section eighteen of this article, he or she
shall be returned to the custody of the Division of Corrections to
serve the remainder of his or her maximum sentence, during which
remaining part of his or her sentence he or she is ineligible for further parole.
(d) Whenever the parole of a paroled prisoner has been
revoked, the Commissioner shall upon receipt of the Board's written
order of revocation, convey and transport the paroled prisoner to
a state correctional institution. A paroled prisoner whose parole
has been revoked shall remain in custody of the sheriff until
delivery to a corrections officer sent and duly authorized by the
Commissioner for the removal of the paroled prisoner to a state
penal institution; the cost of confining the paroled prisoner shall
be paid out of the funds appropriated for the Division of
Corrections.
(e) When a paroled prisoner is convicted of, or confesses to,
any one of the crimes enumerated in section eighteen of this
article, it is the duty of the Board to cause him or her to be
returned to this state for a summary hearing as provided by this
article. Whenever a parolee has absconded supervision, the
Commissioner shall issue a warrant for his or her apprehension and
return to this state for the hearing provided for in this article:
Provided, That the Board may, if it determines the best interests
of justice do not require revocation, cause the paroled absconder
to be reinstated to parole.
(f) A warrant filed by the Commissioner shall stay the running
of his or her sentence until the parolee is returned to the custody
of the Division of Corrections and physically in West Virginia.
(g) Whenever a parolee who has absconded supervision or has
been transferred out of this state for supervision pursuant to
section one, article six, chapter twenty-eight of this code is
returned to West Virginia due to a violation of parole and costs
are incurred by the Division of Corrections, the Commissioner may
assess reasonable costs from the parolee's inmate funds or the
parolee as reimbursement to the Division of Corrections for the
costs of returning him or her to West Virginia.
(h) Conviction of a felony for conduct occurring during the
period of parole is proof of violation of the conditions of parole
and the hearing procedures required by the provisions of this
section are inapplicable.
(i) The Commissioner of the Division of Corrections may issue
subpoenas for persons and records necessary to prove a violation of
the terms and conditions of a parolee's parole either at a
preliminary hearing or at a final hearing before the Parole Board.
The subpoenas shall be served in the same manner provided in the
Rules of Criminal Procedure. The subpoenas may be enforced by the
Commissioner through application or petition of the Commissioner to
the circuit court for contempt or other relief.
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