ENGROSSED
Senate Bill No. 406
(By Senators Love, Dempsey, White, Ross, McKenzie, Sharpe,
Hunter, Jenkins and Rowe)
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[Introduced January 30, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §61-11A-8 of the code of West Virginia,
1931, as amended, relating to allowing victims of crime to be
notified by telephone when a specified defendant is released
from custody.
Be it enacted by the Legislature of West Virginia:
That §61-11A-8 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.
§61-11A-8. Victim notification of defendant's release.
(a) At the time a complaint is sworn out and again at the time
when any person is convicted for a charge of murder, aggravated
robbery, sexual assault in the first degree, kidnapping, arson,
sexual offenses against minors or any violent crime against a
spouse, former spouse, child or stepchild, the prosecuting attorney shall provide written notice to the victim or victim's family
member that he or she may be notified prior to and upon the release
of the defendant from confinement in any correctional facility,
work release, home confinement, probation, parole or upon the
escape of the defendant from any correctional facility. The notice
shall include instructions on how to request the notification.
(b) The commissioner of corrections, regional jail
supervisors, city or sheriff operating a jail which releases any
person shall, from which they have received a written request for
notification, provide written
or telephonic notice to the last
known address or addresses
or telephone number or numbers provided
by the victim, or in the case of a minor child, to the custodial
parent of the child upon release of the defendant. Additionally,
notice provided in the case of escape shall be by telephone.
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