Senate Bill No. 699

(By Senator Schoonover)

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[Introduced February 23, 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 sections fourteen and fifteen, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to probation and parole; and transferring the administration of probation and parole officers from the department of corrections to the supreme court of appeals.

Be it enacted by the Legislature of West Virginia:
That sections fourteen and fifteen, article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-14. Appointment of probation and parole officers and clerical assistants; qualifications of officers; salaries and expenses.

Effective the first day of July, one thousand nine hundred ninety-eight, the administration of probation and parole officers shall be transferred from the division of corrections to the supreme court of appeals. The director shall have authority to supreme court of appeals shall appoint such state probation and parole officers as may be necessary to the proper administration of this article, and to employ clerical assistants. He The supreme court of appeals shall determine the qualifications of probation and parole officers and may from time to time conduct competitive examinations as a basis for their selection.
The director supreme court of appeals shall fix the salaries of state probation and parole officers and all clerical assistants. All persons appointed or employed by the director supreme court of appeals shall be paid all necessary expenses incurred in the discharge of their duties.
§62-12-15. Powers and duties of state parole officers.

Each state parole officer shall investigate all cases referred to him or her for investigation by the commissioner of corrections supreme court of appeals and shall report in writing thereon. He or she A parole officer shall furnish to each person released on parole under his or her the supervision of the parole officer a written statement of the conditions of his or her parole together with a copy of the rules prescribed by the board supreme court of appeals, as the case may be, for the supervision of parolees. He or she The parole officer shall keep informed concerning the conduct and condition of each person under his or her supervision of the parole officer and shall report thereon in writing as often as the commissioner of corrections supreme court of appeals may require. He or she The parole officer shall use all practicable and suitable methods to aid and encourage persons on parole and to bring about improvement in their conduct and condition. He or she The parole officer shall keep detailed records of his or her the parole officer's work, shall keep accurate and complete accounts of and give receipts for all money collected from persons under his or her supervision and shall pay over the money to those persons a circuit court or the commissioner of corrections may designate. He or she The parole officer shall give bond with good security, to be approved by the commissioner of corrections, in a penalty of not less than one thousand dollars nor more than three thousand dollars, as the commissioner of corrections supreme court of appeals may determine, and also perform any other duties the commissioner supreme court of appeals may require. He or she A parole officer has authority, with or without an order or warrant, to arrest any parolee. He or she A parole officer has all the powers of a notary public, with authority to act anywhere within the state.

NOTE: The purpose of this bill is to transfer the administration of probation and parole officers from the Department of Corrections to the Supreme Court of Appeals.

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