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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