Senate Bill No. 366

(By Senators Wiedebusch, Plymale, Yoder,

Ross and Dittmar)

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[Originating in the Committee on the Judiciary;

reported March 12, 1993.]

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A BILL to amend and reenact section seventeen, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to conditions of release on parole; and board of parole's authority to limit parolee's place of residence.

Be it enacted by the Legislature of West Virginia:
That section seventeen, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-17. Conditions of release on parole.

Release on parole shall be upon the following conditions:
(1) That the parolee shall not, during the period of his parole, violate any criminal law of this or any other state or of the United States.
(2) That he shall not, during the period of his parole, leave the state without the consent of the board.
(3) That he shall comply with the rules and regulationsprescribed by the board for his supervision by the probation and parole officer.
(4) That in every case wherein the parolee for a conviction is seeking parole from an offense defined in section twelve, article eight, chapter sixty-one of this code; or articles eight- b and eight-d of said, chapter, or similar convictions from other jurisdictions where the parolee is returning or attempting to return to this state pursuant to the provisions of article six, chapter twenty-eight of this code, against a child, the parolee shall not live in the same residence as any minor child, nor exercise visitation with any minor child and shall have no contact with the victim of the offense: Provided, That the parolee may petition the board of parole for a modification of this term and condition of his parole and the burden shall rest upon the parolee to demonstrate that a modification is in the best interest of the child.
In addition, the board may impose, subject to modification at any time, any other conditions which the board may deem advisable.
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(NOTE: The purpose of this bill is to transfer authority for allowing parolees convicted of certain offenses to reside in houses containing minor children from the Circuit Court to the Board of Parole.)