Senate Bill No. 253
(By Senator Kimble)
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[Introduced January 30, 1998; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section sixteen, article eleven,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
that a convicted felon serve at least eighty-five percent of
a sentence of imprisonment.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article eleven, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-16. Term of imprisonment for felony; indeterminate
sentence.
Every sentence to the penitentiary of a person convicted of
a felony for which the maximum penalty prescribed by law is less than life imprisonment, except offenses committed by convicts in
the penitentiary punishable under chapter sixty-two, article
eight, section one of the code, shall be a general sentence of
imprisonment in the penitentiary. In imposing this sentence, the
judge may, however, designate a definite term, which designation
may be considered by the board of probation and parole as the
opinion of the judge under the facts and circumstances then
appearing of the appropriate term recommended by him or her to be
served by the person sentenced. Imprisonment under a general
sentence shall not exceed the maximum term prescribed by law for
the crime for which the prisoner was convicted, less such good
time allowance as is provided by sections twenty-seven and
twenty-seven-a, article five, chapter twenty-eight of this code,
in the case of persons sentenced for a definite term: Provided,
That in no event may the actual time served under any general
sentence for a felony be for less than eighty-five percent of the
minimum end of such prescribed sentence range: Provided,
however, That in the event a judge designates a definite term
under any general sentence which is adopted by the board of
probation and parole as appropriate, the time served under such
sentence shall be for no less than eighty-five percent of the definite term so designated. Every other sentence of
imprisonment in the penitentiary shall be for a definite term or
for life, as the court may determine. The term of imprisonment
in jail, where that punishment is prescribed in the case of
conviction for felony, shall be fixed by the court.
NOTE: The purpose of this bill is to insure that a person
convicted of a felony subject to a general sentence, serves no
less than eighty-five percent of the minimum portion of the range
of such sentence.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.