Senate Bill No. 105
(By Senators Ball, Anderson, Love, Bowman, Schoonover, Ross and
Helmick)
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[Introduced February 21, 1997; referred to the Committee
on the Judiciary.]
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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; and opportunity to be heard
by board at parole hearing.
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.
At the time of sentencing following a conviction for murder,
aggravated robbery, sexual assault in the first degree, kidnapping, arson 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. The notice provided by the prosecutor
shall specify the method to request notification from the board.
Upon request to the board by the victims or immediate family
members of deceased victims or victims who are minors, the board
shall provide the requesting party an opportunity to be heard at
the parole hearing regarding the impact of the crime on the
victims and their immediate family and their sentiment regarding
the release on parole of the inmate.
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 victim or victims of the
offense for which the inmate is incarcerated of the hearing and
release date. If a victim is deceased,
or a minor, notification
of the date of the hearing and release shall be made to a member
of the victim's immediate family. The notification set forth in
this section shall be required to be sent only to victims or
family members of
victims who are minors and 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 stating the date, time and location of the
parole hearing and the release date shall be sent by certified
mail, return receipt requested.
NOTE: The purpose of this bill is to provide for
notification of parole hearing dates and an opportunity for
victims (or immediate family members) to address the parole board
before a parole decision is made.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.