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Engrossed Version Senate Bill 105 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 105


(By Senators Ball, Anderson, Love, Bowman, Schoonover, Ross and Helmick)

____________

[Originating in the Committee on the Judiciary;

reported March 4, 1997.]

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A BILL to amend and reenact section twenty-three, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to notifying victims of parole hearing date; offering certain victims of crimes or certain victims' family members of their right to be present at parole hearings; right to submit questions; ability to have counsel present; and right of certain persons to have notice of inmate release dates.

Be it enacted by the Legislature of West Virginia:
That section twenty-three, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-23. Notification of parole hearing or release date to victim or member of immediate family; statements of victim sentiment; procedures.

(a) At the time of sentencing following a conviction for murder, aggravated robbery, sexual assault in the first degree, kidnapping, arson, incest, child abuse resulting in injury, child neglect resulting in injury or sexual offenses against minors, the prosecuting attorney shall present, in writing, to the victims or immediate family members of deceased victims of murder, a document specifying that the victim or immediate family members has the right to notification prior to the time of a parole hearing and release date if a written request for such notice or notices is made of the board of parole. The notice provided by the prosecutor shall specify the method supply all information necessary to request notification from the board.
(b) At least thirty days prior to the date of release or the date that a parole hearing is to be held for an inmate who is in the custody of the commissioner of corrections, the board of probation and parole shall notify the any victim or victims of the offense for which the inmate is incarcerated who have made written request for such notice of the hearing and or release date. If a victim is a deceased victim of murder or a minor, notification of the date of the hearing and or release shall be made to a member of the victim's immediate family having made a written request for such notice. The notification set forth in this section shall be required to be sent only to victims or family members of deceased victims of the offenses of murder, aggravated robbery, sexual assault in the first degree, kidnapping, arson and sexual offenses against minors, and only if the victim or victim's immediate family member has, in writing to the board, requested that such notice be sent. Notices stating the date, time and location of the parole hearing and the release date required by this section shall be sent by certified mail, return receipt requested.
(c) Any person entitled to notice of a parole hearing pursuant to the provisions of this section shall have the right to attend the parole hearing, address the board regarding the impact of the crime on the victim and his or her immediate family, address the board regarding his or her sentiment regarding the release on parole of the inmate, submit questions of the board and submit suggested questions to the board for its inquiry of the inmate. Any victim or immediate family member of a deceased victim of murder or of a victim who is a minor may be represented by an attorney at his or her expense at the parole hearing.
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(NOTE: The purpose of this bill is to provide for notification of parole hearing dates and an opportunity for victims (or immediate family members) of specified offenses to address the parole board before a parole decision is made and to afford said persons notice of the offending inmate's release date.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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