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Enrolled Version - Final Version Senate Bill 105 History

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

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 105

(Senators Ball, Anderson, Love, Bowman, Schoonover, Ross and

Helmick, original sponsors)

____________

[Passed April 12, 1997; in effect ninety days from passage.]

____________


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".
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