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Introduced Version Senate Bill 105 History

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