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Introduced Version House Bill 3305 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 3305


(By Delegates Webster, Caputo, Frazier,

Hutchins, Kominar, Miley, Moore and Staggers)

[Introduced March 23, 2009; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact §62-12-6 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of probation officers and parole officers; authorizing probation officers to arrest persons who violate conditions of probation or supervised release; eliminating the authority of probation officers to collect money; eliminating the requirement that probation officers post bond; and specifying the manner in which probation and parole officers may exercise the power to arrest probationers, parolees and persons under their supervision.

Be it enacted by the Legislature of West Virginia:
That §62-12-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-6. Powers and duties of probation officers.
(a) Each probation officer shall investigate all cases referred to him which the court refers the officer for investigation by the court and shall report in writing thereon. He on each case. The probation officer shall furnish to each person released on probation under his the officer's supervision a written statement of the probationer's conditions of his probation together with a copy of the rules and regulations prescribed by the court for the supervision of probationers. He shall keep himself The probation officer shall stay informed concerning the conduct and condition of those under his the probationers under the officer's supervision and shall report thereon on the conduct and condition of each probationer in writing as often as the court may require. He requires. The probation officer shall use all practicable and suitable methods to aid and encourage them and to bring about improvement in their the probationer to improve his or her conduct and condition. He shall keep detailed records of his work, shall keep accurate and complete accounts of and give receipts for all money collected from persons under his supervision and shall pay over the money to such person as the court may designate. He shall give bond with good security, to be approved by the court, in a penalty of not less than one thousand nor more than three thousand dollars, as the court may determine. He The probation officer shall maintain detailed work records and shall also perform such any other duties as the court may require. He shall have requires. The probation officer has authority, with or without an order or warrant, to arrest any probationer or person on supervised release when there is probable cause to believe that the probationer or person on supervised release has violated a condition of probation or release. A person so arrested shall be taken without unreasonable delay before a judicial officer as otherwise provided by law.
(b) Notwithstanding any provision of this code to the contrary:
(1) Any probation officer appointed on or after July 1, 2002, may carry handguns in the course of their the officer's official duties after meeting specialized qualifications established by the Governor's Committee on Crime, Delinquency and Correction, which qualifications shall include the successful completion of handgun training, including a minimum of four hours' training in handgun safety and comparable to the handgun training provided to law-enforcement officers by the West Virginia State Police.
(2) Any person employed as a probation officer on the thirtieth day of June, two thousand two, is exempt from the licensure requirements set forth in article seven, chapter sixty-one of this code until the thirtieth day of June, two thousand four, while employed as a probation officer: Provided, That after the thirtieth day of June, two thousand four, such Probation officers may only carry handguns in the course of their official duties after meeting the specialized qualifications set forth in subdivision (1) of this subsection.
(3) Nothing in this subsection shall be construed to include includes probation officers within the meaning of law-enforcement officers as defined in section one, article twenty-nine, chapter thirty of this code.


NOTE: The purpose of this bill is to modify provisions relating to probation officers by:
(1) Clarifying that probation officers have the authority to arrest both probationers and persons on supervised release;
(2) Eliminating the authority of probation officers to collect money;
(3) Eliminating the requirement that probation officers post bond; and
(4) Clarifying that probation officers and parole officers' arrest powers are subject to good cause and reasonably prompt presentment before a judicial officer.

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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