H. B. 4337


(By Delegates Nicol and Mezzatesta)
[Introduced February 3, 1994; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend and reenact section nine, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to probation and parole; and the disposition of fees for cost of probation to the circuit clerk and county commission, as well as to the state treasurer.
Be it enacted by the Legislature of West Virginia:

That section nine, 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 - 9. Conditions of release on probation.

(a) Release on probation shall be upon the following conditions:

(1) That the probationer shall not, during the term of his probation, violate any criminal law of this or any other state or of the United States.
(2) That he shall not, during the term of his probation, leave the state without the consent of the court which placed him on probation.
(3) That he shall comply with the rules and regulations prescribed by the court or by the board of probation and parole, as the case may be, for his supervision by the probation officer.
(4) That in every case wherein the probationer has been convicted of an offense defined in section thirteen, article eight, chapter sixty-one of this code and articles eight-b and eight-d of said chapter, against a child, the probationer 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 probationer may petition the court of the circuit wherein he was so convicted for a modification of this term and condition of his probation and the burden shall rest upon the probationer to demonstrate that a modification is in the best interest of the child.
(5) That the probationer be required to pay a fee, based upon his or her ability to pay, not to exceed twenty dollars per month to defray costs of supervision. All moneys collected as fees from probationers shall be deposited with the circuit clerk who shall, on a monthly basis, remit said twenty-five percent of the moneys collected to the county commission of that county and twenty-five percent of the moneys collected shall be retained by the circuit clerk, to defray processing costs, and the circuit clerk shall remit the balance of the moneys collected to the state treasurer for deposit in the state general revenue fund.
(b) In addition to the terms of probation set forth in subsection (a) of this section, the court may impose, subject to modification at any time, any other conditions which it may deem advisable, including, but not limited to, any of the following:
(1) That he shall make restitution or reparation, in whole or in part, immediately or within the period of probation, to any party injured by the crime for which he has been convicted.
(2) That he shall pay any fine assessed and the costs of the proceeding in such installments as the court may direct.
(3) That he shall make contribution from his earnings, in such sums as the court may direct, for the support of his dependents.
(4) That he shall, in the discretion of the court, be required to serve a period of confinement in the county jail of the county in which he was convicted for a period not to exceed one third of the minimum sentence established by law or one third of the least possible period of confinement in an indeterminate sentence, but in no case shall such period of confinement exceed six consecutive months. The court shall have authority to sentence the defendant within such six-month period to intermittent periods of confinement including, but not limited to, weekends or holidays and may grant unto the defendant intermittent periods of release in order that he may work at his employment or for such other reasons or purposes as the court may deem appropriate: Provided, That the provisions of article eleven-a of this chapter shall not apply to such intermittent periods of confinement and release except to the extent that the court may direct. If a period of confinement is required as a condition of probation, the court shall make special findings that other conditions of probation are inadequate and that a period of confinement is necessary.



NOTE: The purpose of this bill is to allot 25% of the fees collected from a probationer as costs of supervision to the circuit clerk and the county commission, each, to defray their respective costs of processing that probationer.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.