ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 362
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Originating in the Committee on Finance;
reported March 2, 1994.]
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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 probation; requiring parolees and
probationers to pay fees to defray part of the cost of their
supervision by the division of corrections; specifying the
use of such fees; and establishing guidelines to determine
whether a parolee or probationer is financially able to pay
this fee.
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 or probation 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 or probationer may not, during the
period of his or her parole or probation, violate any criminal
law of this or any other state or of the United States.
(2) That he or she may not, during the period of his or her
parole or probation, leave the state without the consent of the
board.
(3) That he or she shall comply with the rules prescribed by
the board for his or her 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 probationer, 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 thestate treasury to be appropriated by the Legislature for the use
of the commissioner of corrections in defraying the expenses
incurred in operating parole supervision programs. The board
shall consider the following factors in determining whether a
parolee or probationer is financially able to pay the fee:
(A) Current income prospects for the parolee or probationer,
taking into account seasonal variations in income;
(B) Liquid assets of the parolee or probationer, assets of
the parolee or probationer that may provide collateral to obtain
funds and assets of the parolee or probationer that may be
liquidated to provide funds to pay the fee;
(C) Fixed debts and obligations of the parolee or
probationer, including federal, state and local taxes and medical
expenses;
(D) Child care, transportation and other reasonably
necessary expenses of the parolee or probationer related to
employment;
(E) The reasonably foreseeable consequences for the parolee
or probationer 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.