ENROLLED
Senate Bill No. 577
(By Senators Ross, Dittmar and Yoder)
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[Passed April 10, 1993; in effect from passage.]
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AN ACT 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 whose
supervision may have been undertaken by this state by reason ofany 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 shall consider the following factors in determining
whether the parolee is financially able to pay the fee:
(1) Current income prospects, taking into account seasonal
variations in income;
(2) Liquid assets, assets which may provide collateral to
obtain funds and other assets which may be liquidated to provide
funds to pay the fee;
(3) Fixed debts and obligations, including federal, state
and local taxes and medical expenses;
(4) Child care, transportation and expenses necessary for
employment;
(5) Age or physical infirmity of resident family members;
and
(6) The consequences for the individual if a waiver or
reduced fee is denied.
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.