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Introduced Version House Bill 4684 History

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Key: Green = existing Code. Red = new code to be enacted
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H. B. 4684


(By Delegates Stemple and Manuel)

[Introduced February 25, 2000; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact section nineteen, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of corrections to collect certain costs from parolees.

Be it enacted by the Legislature of West Virginia:
That section nineteen, 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.
§62-12-19. Violation of parole.

(a) If at any time during the period of parole, there shall be 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 the parolee with or without an order or warrant, or the commissioner of corrections may issue it's a written order or warrant for his the parolee's arrest, which written order or warrant shall be 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 is 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 such the paroled prisoner shall be paid out of the funds appropriated for the division of corrections. The commissioner of corrections may assess reasonable costs on the parolee as reimbursement to the division of corrections for the confinement costs.
(b) When a parolee is under arrest for violation of the conditions of his or her parole, he the parolee shall be given a prompt and summary hearing, at which the parolee and his the parolee's counsel shall be given an opportunity to attend. If at the hearing, it shall appear appears to the satisfaction of the board that the parolee has violated any condition of his or her release on parole, or any rules and regulations for his or her supervision, the board may revoke his the parolee's parole and may require him the parolee to serve in prison the remainder or any portion of his or her maximum sentence for which, at the time of his the parolee's release, he the parolee was subject to imprisonment: Provided, That if the violation of the conditions of parole or rules and regulations for his the parolee's 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 that the parole be revoked, release him or her from custody and continue him or her on parole.
(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 the parolee 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 the sentence he shall be the parolee 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, and as soon as practicable, convey and transport the paroled prisoner to a state penal correctional institution. from which he was granted a release on parole 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 correctional institution. the cost of confining such paroled prisoner shall be paid out of the funds appropriated for the penitentiary from which he was paroled Postrevocation confinement costs shall be paid out of 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 shall be is the duty of the board commissioner of corrections to cause him or her to be returned to this state for a summary hearing as provided by this article. A warrant filed by the commissioner shall stop stops the running of his or her sentence until the paroled prisoner is returned to the division of corrections' custody within West Virginia. Whenever a paroled prisoner has absconded supervision, the commissioner shall issue a warrant for his the prisoner's apprehension and return to this state for the hearing provided for in this article: Provided, That the board may, if it be is of the opinion the best interests of justice do not require such the hearing, cause the paroled absconder to be released to continue on parole.
(f) 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 from the parolee as reimbursement to the division of corrections for the costs of returning him or her to the state of West Virginia.



NOTE: The purpose of this bill is to update the Code provision relating to parole violators and to provide a mechanism to assess and collect reasonable costs related to parole violations, thereby holding the parolee accountable.

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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