COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 105
(By Senators Ball, Anderson, Love, Bowman, Schoonover, Ross and
Helmick)
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[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. Notice
s 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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