ENGROSSED

Senate Bill No. 577

(By Senators Ross, Dittmar and Yoder)

__________

[Originating in the Committee on the Judiciary;

reported March 29, 1993.]

__________




A BILL to amend and reenact section two, article thirteen, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing the commissioner of corrections to charge parolees under the supervision of the division of corrections a fee to help defray the increasing costs of parole supervision.

Be it enacted by the Legislature of West Virginia:
That section two, article thirteen, 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 13. CORRECTIONS MANAGEMENT.

§62-13-2. Supervision of probationers and parolees; final determinations remaining with board of probation and parole.

The commissioner of corrections shall supervise all persons released on parole under any law of this state with the exception of those persons paroled pursuant to section thirteen, article two, chapter forty-nine of this code. The commissioner shall have authority to revoke the parole with appropriate due process. He shall also supervise all probationers and parolees whosesupervision may have been undertaken by this state by reason of any interstate compact entered into pursuant to the uniform act for out-of-state parolee supervision. The commissioner shall prescribe rules and regulations for the supervision of probationers and parolees under his supervision and control and shall succeed to all administrative and supervisory powers of the board of probation and parole and the authority of said board of probation and parole in such matters only. The commissioner of corrections may charge persons under his or her supervision who are on parole a monthly fee to be determined by the commissioner, based upon the parolee's ability to pay, not to exceed twenty dollars per month to defray costs of supervision. All fees collected shall be placed into a special revenue account in the state treasury to be used to defray the expenses incurred.
The commissioner of corrections shall administer all other laws affecting the custody, control, treatment and employment of persons sentenced or committed to institutions under the supervision of the department or affecting the operation and administration of institutions or functions of the department.
The final determination regarding the release of inmates from penal institutions and the final determination regarding revocation of parolees from such institutions pursuant to the provisions of article twelve, chapter sixty-two of this code shall remain within the exclusive jurisdiction of the board of probation and parole.