HB 2476 Text

Committee Substitute House Bill 2476 History

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HB2476 SUB COMMITTEE SUBSTITUTE
FOR
H. B. 2476
(By Delegates Perry, Beach, Hartman,
Pino and Leach)

(Originating in the Committee on the Judiciary)
[March 1, 2005]

A BILL to amend and reenact §62-12-19 of the Code of West Virginia, 1931, as amended, relating generally to parole and parole proceedings; providing that certain persons who have been released on parole three times and had their parole revoked are not eligible for further release on parole; and authorizing the Commissioner of the Division of Corrections to issue subpoenas for persons and records necessary to prove a violation of the terms and conditions of a parolee's parole.

Be it enacted by the Legislature of West Virginia:
That §62-12-19 of the Code of West Virginia, 1931, 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 or her with or without an order or warrant, or the Commissioner of Corrections may issue ~~it's~~ a written order or warrant for his or her 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 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 the paroled prisoner shall be paid out of the funds appropriated for the Division of Corrections.
(b) When a parolee is under arrest for violation of the conditions of his or her parole, he or she shall be given a prompt and summary hearing, at which the parolee and his or her counsel ~~shall be~~ are 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 or conditions of his or her supervision, the Board may revoke his or her parole and may require him or her to serve in prison the remainder or any portion of his or her maximum sentence for which, at the time of his or her release, he or she was subject to imprisonment: Provided, That if the violation of the conditions of parole or rules for his or her 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 revocation, reinstate him or her on parole. The Division of Corrections ~~will~~ shall effect release from custody upon approval of a home plan. Notwithstanding any provision of this code to the contrary, when reasonable cause has been found to believe that a parolee has violated the conditions of his or her parole but ~~said~~ the violation does not constitute felonious conduct, the Commissioner may, in his or her discretion and with the written consent of the parolee, allow the parolee to remain on parole with additional conditions or restrictions. ~~Such~~ The additional conditions or restrictions may include, but ~~shall not be~~ are not limited to, participation in any program described in subsection (d), section five, article eleven-c of this chapter. Compliance by the parolee with ~~such~~ the conditions of parole ~~shall preclude~~ precludes revocation of parole for the conduct which constituted the violation. Failure of the parolee to comply with ~~such~~ the conditions or restrictions and all other conditions of release ~~shall constitute~~ is an additional violation of parole and the parolee may be proceeded against under the provisions of this section for the original violation as well as any subsequent violations.
(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 or she 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 or her sentence he or she ~~shall be~~ 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, convey and transport the paroled prisoner to a state correctional institution. 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 institution; the cost of confining ~~such~~ the paroled prisoner shall be paid out of the funds appropriated for the Division of Corrections. Any person having been released on parole three times and subsequently had his or her parole revoked for violations of any term or condition of parole shall serve the remainder of his or her sentence and is not eligible for further release on parole.
(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 to cause him or her to be returned to this state for a summary hearing as provided by this article. Whenever a parolee has absconded supervision, the Commissioner shall issue a warrant for his or her apprehension and return to this state for the hearing provided for in this article: Provided, That the Board may, if it ~~be of opinion~~ determines the best interests of justice do not require revocation, cause the paroled absconder to be reinstated to parole.
(f) A warrant filed by the Commissioner shall stay the running of his or her sentence until the parolee is returned to the custody of the Division of Corrections and physically in ~~the state of~~ West Virginia.
(g) 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 the parolee as reimbursement to the Division of Corrections for the costs of returning him or her to ~~the state of~~ West Virginia.
(h) Conviction of a felony for conduct occurring during the period of parole ~~constitutes~~ is proof of violation of the conditions of parole and the hearing procedures required by the provisions of this section are inapplicable.
(i) The Commissioner of the Division of Corrections may issue subpoenas for persons and records necessary to prove a violation of the terms and conditions of a parolee's parole either at a preliminary hearing or at a final hearing before the Parole Board. The subpoenas shall be served in the same manner provided in the Rules of Criminal Procedure. The subpoenas may be enforced by the Commissioner through application or petition of the Commissioner to the circuit court for contempt or other relief.

NOTE: The purpose of this bill is to revise the parole law to: Keep certain persons who have been released on parole three times and had their parole revoked from being eligible for further release on parole; and authorize the Commissioner of the Division of Corrections to issue subpoenas for persons and records necessary to prove a violation of the terms and conditions of a parolee's parole.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This bill was recommended for introduction and passage during the 2005 legislative session by the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority.