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Introduced Version Senate Bill 187 History

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sb187 intr
Senate Bill No. 187

(By Senators Love, Sharpe, White, Yoder and Hunter)

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[Introduced February 14, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend and reenact §62-12-10 of the Code of West Virginia, 1931, as amended, relating to limiting the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration.

Be it enacted by the Legislature of West Virginia:
That §62-12-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-10. Violation of probation.
If at any time during the period of probation there shall be is reasonable cause to believe that the probationer has violated any of the conditions of his or her probation, the probation officer may arrest him the probationer with or without an order or warrant, or the court which placed him the probationer on probation, or the judge thereof of the court in vacation, may issue an order for his or her arrest, whereupon he the probationer shall be brought before the court, or the judge thereof of the court in vacation, for a prompt and summary hearing. If it shall then appear appears to the satisfaction of the court or judge that any condition of probation has been violated, the court or judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed, and order that sentence be executed. In computing the period for which the offender is to be imprisoned, the time between his or her release on probation and his or her arrest shall may not be taken to be any part of the term of his or her sentence. If, despite a violation of the conditions of probation, the court or judge shall be of the opinion finds that the interests of justice do not require that the probationer serve his or her sentence, the court or judge may, except when the violation was the commission of a felony, again release him the probationer on probation. Any person having been found to have violated the terms and conditions of his or her probation or home incarceration pursuant to section nine, article eleven-b of this chapter and subsequently imprisoned is not eligible for consideration for release upon parole until the person has served a minimum of one full year imprisonment or until they are otherwise parole eligible, whichever is longer.



NOTE: The purpose of this bill is to limit the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration.

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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