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Introduced Version - Originating in Committee Senate Bill 205 History

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


Senate Bill No. 205

(By Senators Wooton, Burnette, Caldwell, Hunter, Kessler, Minard, Mitchell, Redd, Ross, Rowe, Snyder, Deem, Facemyer and McKenzie)

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[Originating in the Committee on the Judiciary;

reported February 21, 2001.]

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A BILL to amend article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-five, relating to extended periods of supervision for certain sex offenders; imposition as part of sentence; conditions; supervision; revocation; authority of probation officer and courts; and authorizing the imposition of a fee for supervision.

Be it enacted by the Legislature of West Virginia:
That section twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty- five, to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-25. Extended supervision for certain sex offenders; sentencing; conditions; supervision provisions; supervision fee.

(a) Notwithstanding any provision of this code to the contrary, any defendant convicted after the effective date of this section of a violation of section twelve, article eight, chapter sixty-one of this code or a felony violation of the provisions of article eight-b, eight-c or eight-d of said chapter shall, as part of the sentence imposed at final disposition, be required to serve, in addition to any other penalty or condition imposed by the court, a period of supervised release of up to five years. The period of supervised release imposed by the provisions of this section shall begin upon the expiration of any period of probation, the expiration of any sentence of incarceration or the expiration of any period of parole supervision imposed or required of the person so convicted, whichever expires later: Provided, That a person convicted of a violation of the provisions of section three, four or seven, article eight-b of said chapter where the victim of the offense was twelve years of age or younger shall be subject to a period of fifteen years supervised release.
(b) Any person sentenced to a period of supervised release pursuant to the provisions of this section shall be supervised by the probation office of the sentencing court unless jurisdiction is transferred with the court's consent.
(c) A defendant sentenced to a period of supervised release shall be subject to any or all of the conditions applicable to a person placed upon probation pursuant to the provisions of section nine, article twelve, chapter sixty-one of this code: Provided, That any defendant sentenced to a period of supervised release pursuant to this section shall be required to participate in appropriate offender treatment programs or counseling during the period of supervised release unless the court deems such to no longer be appropriate or necessary and makes express findings in support thereof.
(d) The supervising court may, based upon defendant's ability to pay, impose a supervision fee to offset the cost of supervision. Said fee shall not exceed fifty dollars per month.
(e) Modification of conditions or revocation. -- The court may:
(1) Terminate a term of supervised release and discharge the defendant released at any time after the expiration of two years of supervised release, pursuant to the provisions of the West Virginia rules of criminal procedure relating to the modification of probation, if it is satisfied that such action is warranted by the conduct of the defendant released and the interests of justice;
(2) Extend a term of supervised release if less than the maximum authorized term previously is imposed and may modify, reduce, or enlarge the conditions of supervised release, at any time prior to the expiration or termination of the term of supervised release, pursuant to the provisions of the West Virginia rules of criminal procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and conditions of post-release supervision;
(3) Revoke a term of supervised release and require the defendant to serve in prison all or part of the term of supervised release without credit for time previously served on supervised release or good time if the court, pursuant to the West Virginia rules of criminal procedure applicable to revocation of probation, finds by clear and convincing evidence that the defendant violated a condition of supervised release, except that a defendant whose term is revoked under this subdivision may not be required to serve more than the period of supervised release: Provided, That no person may serve a period of incarceration for a violation of supervised release which exceeds the maximum statutory period of confinement for the offense of conviction underlying the period of supervised release;
(4) Order the defendant to remain at his place of residence during nonworking hours and, if the court so directs, to have compliance monitored by telephone or electronic signaling devices, except that an order under this paragraph may be imposed only as an alternative to incarceration.
(f) Written statement of conditions. -- The court shall direct that the probation officer provide the defendant with a written statement that sets forth all the conditions to which the term of supervised release is subject and that it is sufficiently clear and specific to serve as a guide for the defendant's conduct and for such supervision as is required.
(g) Supervised release following revocation. -- When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of imprisonment authorized under subsection (a) of this section, the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment. The length of such term of supervised release shall not exceed the term of supervised release authorized by this section less any term of imprisonment that was imposed upon revocation of supervised release.
(h) Delayed revocation. -- The power of the court to revoke a term of supervised release for violation of a condition of supervised release and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection (f), a further term of supervised release extends beyond the expiration of the term of adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation.
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(NOTE: The purpose of this bill is to provide an extended period of supervision for certain felony sexual offenders after service of any sentence, expiration of parole or probation.

§62-12-25 is new; therefore, strike-throughs and underscoring have been omitted.)
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