H. B. 4484


(By Mr. Speaker (Mr. Chambers) and Delegate Burk)
(By Request of the Executive)
[Introduced February 16, 1994; referred to the
Committee on the Judiciary then Finance.]



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 requiring that all parolees pay a proportion of the cost of parole supervision.

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 and supervision on parole of any person, including the supervision by the division of corrections of any person paroled or probated by any other state or by the federal government, 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 regulations prescribed 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 against a child, 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, 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.
(5) That the parolee, or foreign state or federal probationer, be required to pay a fee, based on his or her ability to pay, not to exceed twenty dollars per month to defray costs of supervision. All moneys collected as fees from parolees shall be deposited in a special revenue account in the state treasury to be used by the commissioner of corrections to defray the expenses incurred in operating parole supervision programs. The board shall consider the following factors in determining whether a parolee is financially able to pay the fee:
(A) Current income prospects for the parolee, taking into account seasonal variations in income;
(B) Liquid assets of the parolee, assets of the parolee that may provide collateral to obtain funds, and assets of the parolee that may be liquidated to provide funds to pay the fee;
(C) Fixed debts and obligations of the parolee, including federal, state and local taxes and medical expenses;
(D) Child care, transportation and other reasonably necessary expenses of the parolee related to employment;
(E) The reasonably foreseeable consequences for the parolee if a waiver of, or reduction in, the fee is denied.
In addition, the board may impose, subject to modification at any time, any other conditions which the board may deem advisable.



NOTE: The purpose of this bill is to require all parolees to pay a proportion of the cost of their parole supervision.

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