H. B. 4472
(By Delegates Pino and Michael)
[Introduced February 13, 2004
; referred to the
Committee on the Judiciary.]
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.
NOTE: The purpose of this bill is to allow victims of crime
to be notified by telephone when a specified defendant is released
from custody.
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 2004 legislative session by the Legislative Oversight Committee
on the Regional Jail and Correctional Facility Authority.