ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 105
(Senators Ball, Anderson, Love, Bowman, Schoonover, Ross and
Helmick, original sponsors)
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[Passed April 12, 1997; in effect ninety days from passage.]
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AN ACT 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
notification of parole hearings; victims' right to be heard;
and notification of parole 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; 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, kidnapping, child abuse resulting in
injury, child neglect resulting in injury, arson 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 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 date
shall 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".