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.