H. B. 2247
(By Delegates Hunt, Amores, Seacrist,
Tillis, Faircloth, Thomas and Givens)
[Introduced January 14, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article six, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
one, article eleven, chapter sixty-one of said code; to
amend and reenact sections one and one-a, article eleven-a,
chapter sixty-two of said code; and to amend and reenact
sections two and thirteen, article twelve of said chapter,
all relating to boot camp eligibility; classification of
offenses; release for work and other purposes by courts of
record with criminal jurisdiction; other sentencing
alternatives; circumstances under which home incarceration
may not be ordered; eligibility for probation; and
eligibility for parole.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter twenty-five of the code of West Virginia, one thousand nine hundred and thirty-one,
as amended, be amended and reenacted; that section one, article
eleven, chapter sixty-one of said code be amended and reenacted;
that sections one and one-a, article eleven-a, chapter sixty-two
of said code be amended and reenacted; and that sections two and
thirteen, article twelve of said chapter be amended and
reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 6. BOOT CAMP.
§25-6-4. Eligibility.
(a) Appropriate Inmates are eligible within the provisions
of this section and may participate in the boot camp program only
in accordance with the following criteria:
(1) One who is not less than eighteen years of age nor more
than twenty-eight years of age;
(2) One who is medically, physically and psychologically fit
to participate in the program;
(3) One who volunteers for the program;
(4) One who has been convicted of a felony and has been
sentenced to the custody of the commissioner of corrections for
a period of incarceration of not less than one year;
(5) One who was not convicted of murder in the first degree
or murder in the second degree;
(6) One who was not convicted of kidnapping;
(7) One who was not convicted of first or second degree
sexual assault;
(8) One who was not convicted of any offense pursuant to
article eight-d, chapter sixty-one of this code;
(9) One who was not convicted of incest;
(10) One who has not been previously convicted of any other
crime of violence against a person, as defined in section one,
article eleven, chapter sixty-one of this code;
(10) (11) One who has not been previously convicted of a
felony; and
(11) (12) Such Other criteria as the commissioner of the
division of corrections may promulgate pursuant to chapter
twenty-nine-a of this code.
(b) Except as specified in subsection (a) of this section,
the circuit court of conviction may direct that a person be
admitted or excluded from participation in the state boot camp
program and the commissioner, pursuant to operational policies
and procedures, may in his or her discretion, direct placement of
an inmate in a boot camp program.
(c) Any placement in the boot camp shall be subject to the
extent funding is available or appropriated and subject to the
availability of space in the boot camp: Provided,
That nothing in this section shall give any court the power to hold the
division of corrections or any officer or employee of the
division in contempt of court for failure to adhere to a circuit
court directive that a person be placed in the state boot camp
program if space or funding is unavailable.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-1. Classification of offenses.
(a) Offenses are either felonies or misdemeanors. Such
Offenses as which are punishable by confinement in the
penitentiary are felonies; all other offenses are misdemeanors.
(b) The word "penitentiary" as used in this section shall
mean and include means any and all institutions institution
provided by the state for the confinement of persons sentenced to
confinement in the penitentiary, notwithstanding that transfers
of such persons from any one of such institutions institution to
another may be authorized.
(c) As used in this section, and in section four, article
six, chapter twenty-five of this code; section one, et seq.,
article five, chapter forty-nine of this code; section ten-a,
article two, chapter sixty-one of this code; section one, article
one-c, chapter sixty-two of this code; sections one and one-a,
article eleven-a, chapter sixty-two of this code; section six, article eleven-b, chapter sixty-two of this code; and sections
two and thirteen, article twelve, chapter sixty-two of this code,
the terms "crime of violence against a person" or "use of
violence against a person" includes, but is not limited to, the
following crimes:
(1) Treason under section one, article one, chapter
sixty-one of this code;
(2) Murder under sections one, two and three, article two,
chapter sixty-one of this code;
(3) Voluntary manslaughter under section four, article two,
chapter sixty-one of this code;
(4) Attempt to kill or injure by poison under section seven,
article two, chapter sixty-one of this code;
(5) Malicious or unlawful assault under section nine,
article two, chapter sixty-one of this code;
(6) Assault during the commission or attempt to commit a
felony under section ten, article two, chapter sixty-one of this
code;
(7) Malicious assault; unlawful assault; battery and
recidivism of battery; assault on police officer, conservation
officers or county or state correctional officers under section
ten-b, article two, chapter sixty-one of this code;
(8) Robbery or attempted robbery under section twelve, article two, chapter sixty-one of this code;
(9) Abduction of a person or kidnapping or concealing a
child under section fourteen, article two, chapter sixty-one of
this code;
(10) Kidnapping under section fourteen-a, article two,
chapter sixty-one of this code;
(11) Arson in the first degree under section one, article
three, chapter sixty-one of this code;
(12) Incest under section twelve, article eight, chapter
sixty-one of this code;
(13) Sexual assault in the first degree under section three,
article eight-b, chapter sixty-one of this code;
(14) Sexual assault in the second degree under section four,
article eight-b, chapter sixty-one of this code;
(15) Sexual abuse in the first degree under section seven,
article eight-b, chapter sixty-one of this code;
(16) Murder of a child by a parent, guardian or custodian or
other person by refusal or failure to supply necessities, or by
delivery, administration or ingestion of a controlled substance
under section two, article eight-d, chapter sixty-one of this
code;
(17) Death of a child by a parent, guardian or custodian or
other person by child abuse under section two-a, article eight-d, chapter sixty-one of this code;
(18) Child abuse resulting in injury under section three,
article eight-d, chapter sixty-one of this code;
(19) Child neglect resulting in injuries under section four,
article eight-d, chapter sixty-one of this code; and
(20) Sexual abuse by a parent, guardian or custodian, or
parent, guardian or custodian allowing sexual abuse to be
inflicted upon a child, or displaying of sex organs by a parent,
guardian or custodian under section five, article eight-d,
chapter sixty-one of this code.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.
§62-11A-1. Release for work and other purposes by courts of
record with criminal jurisdiction.
(1) Except for those defendants who are being sentenced or
committed for a crime of violence to a person, when a defendant
is sentenced or committed for a term of one year or less by a
court of record having criminal jurisdiction, such the court may
in its order grant to such that defendant the privilege of
leaving the jail during necessary and reasonable hours for any of
the following purposes:
(a) To work at his or her employment;
(b) To seek employment;
(c) To conduct his or her own business or to engage in other
self-employment, including, in the case of a woman, housekeeping
and attending to the needs of his or her family;
(d) To attend an educational institution;
(e) To obtain medical treatment;
(f) To devote time to any other purpose approved of or
ordered by the court, including participation in the litter
control program of the county unless the court specifically finds
that this alternative service would be inappropriate.
(2) Whenever an inmate who has been granted the privilege of
leaving the jail under this section is not engaged in the
activity for which such leave is the privilege was granted, he
or she shall be confined in jail.
(3) An inmate sentenced to ordinary confinement may petition
the court at any time after sentence for the privilege of leaving
jail under this section and may renew his or her petition in the
discretion of the court. The court may withdraw the privilege at
any time by order entered with or without notice.
(4) If the inmate has been granted permission to leave the
jail to seek or take employment, the court's probation officers,
or if none, the state's division of corrections shall assist him
or her in obtaining suitable employment and in making certain
that employment already obtained is suitable. Employment shall not be deemed suitable unsuitable if the wages or working
conditions or other circumstances present a danger of
exploitation or of interference in a labor dispute in the
establishment in which the inmate would be employed.
(5) If an inmate is employed for wages or salary, the clerk
of the court shall collect the same or shall require the inmate
to turn over his or her wages or salary in full when received,
and shall deposit the same in a trust account and shall keep a
ledger showing the status of the account of each inmate.
Earnings levied upon pursuant to writ of attachment or execution
or in other lawful manner shall be collected from the employer
and shall may not be collected hereunder, but when the clerk has
requested transmittal of earnings prior to levy, such request
shall have priority. When After an employer transmits such an
inmate's earnings to the clerk pursuant to this subsection, he
shall have no liability that employer is no longer liable to the
inmate for such those earnings. From such those earnings so
collected or transmitted, the clerk shall pay the inmate's board
and personal expenses both inside and outside the jail and shall
deduct installments on fines, if any, and, to the extent directed
by the court, shall pay the support of the inmate's dependents:
Provided,
That at least twenty-five percent of the earnings
collected or received by the clerk on behalf of an inmate shall be paid for the support of such inmate's dependents, if any. If
sufficient funds are available after making the foregoing
payments, the clerk may, with the consent of the inmate, pay, in
whole or in part, any unpaid debts of the inmate. Any balance
then remaining shall be retained by the clerk and shall be paid
to the inmate at the time of his or her discharge.
(6) An inmate who is serving serves his or her sentence
pursuant to this section shall be is eligible for a reduction of
his or her term sentence for good behavior and faithful
performance of duties in the same manner as if he or she had
served his or her term sentence in ordinary confinement.
(7) The court shall may not make an order granting the
privilege of leaving the institution under this section unless it
is satisfied that there are adequate facilities for the
administration of
such the
privilege in the jail or other
institution in which the defendant will be confined.
(8) In every case wherein the defendant has been convicted
of an offense, defined in section twelve, article eight, chapter
sixty-one, or in article eight-b or eight-d of said chapter
against a child, the defendant 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: Provided,
That the defendant may petition the court of the circuit wherein he was so convicted for a modification of
this term and condition of this probation and the burden shall
rest upon the defendant to demonstrate that a modification is in
the best interest of the child.
§62-11A-1a. Other sentencing alternatives.
(a) Except for any person convicted of a crime of violence
against a person, as defined in section one, article eleven,
chapter sixty-one of this code, any person who has been convicted
in a circuit court or in a magistrate court under any criminal
provision of this code of a misdemeanor or felony, which is
punishable by confinement in the county jail, may, in the
discretion of the sentencing judge or magistrate, as an
alternative to the sentence imposed by statute for
such the
crime, be sentenced under one of the following programs:
(1) The weekend jail program under which persons would be
are required to spend weekends or other days normally off from
work in jail;
(2) The work program under which sentenced persons would be
are required to spend the first two or more days of their
sentence in jail and then, in the discretion of the court, would
be are assigned to a county agency to perform labor within the
jail, or in and upon the buildings, grounds, institutions,
bridges, roads, including orphaned roads used by the general public and public works within the county. Eight hours of such
labor shall be credited as one day of served against the sentence
imposed. Persons sentenced under this program may be required to
provide their own transportation to and from the work site, lunch
meals and work clothes; or
(3) The community service program under which persons
sentenced would spend no time in jail but would be are sentenced
to perform a number of hours or days of community service work
with tax supported agencies. Eight hours of the service work
shall be credited as one day of served against the sentence
imposed. Persons sentenced under this program may be required to
provide their own transportation to and from the work site, lunch
meals and work clothes.
(b) In no event may The duration of the alternate sentence
may not exceed the maximum period of incarceration otherwise
allowed.
(c) In imposing a sentence under the provisions of this
section, the court shall first make the following findings of
fact and incorporate them into the court's sentencing order:
(1) The person sentenced was not convicted of an offense for
which a mandatory period of confinement is imposed by statute;
(2) In circuit court cases, that the person sentenced is not
a habitual criminal within the meaning of sections eighteen and nineteen, article eleven, chapter sixty-one of this code;
(3) In circuit court cases, that adequate facilities for the
administration and supervision of alternative sentencing programs
are available through the court's probation officers or the
county sheriff or, in magistrate court cases, that adequate
facilities for the administration and supervision of alternative
sentencing programs are available through the county sheriff; and
(4) That an alternative sentence under provisions of this
article will best serve the interests of justice.
(d) Persons sentenced by the circuit court under the
provisions of this article shall remain under the administrative
custody and supervision of the court's probation officers or the
county sheriff. Persons sentenced by a magistrate shall remain
under the administrative custody and supervision of the county
sheriff.
(e) Persons sentenced under the provisions of this section
may be required to pay the costs of their incarceration,
including meal costs, at the discretion of the court.
(f) Persons sentenced under the provisions of this section
remain under the jurisdiction of the court. The court may
withdraw any alternative sentence at any time by order entered
with or without notice and require that the remainder of the
sentence be served in the county jail: Provided,
That no alternative sentence directed by the sentencing judge or
magistrate or administered under the supervision of the sheriff,
his deputies, a jailer or a guard, shall may require the
convicted person to perform duties which would be considered
detrimental to the convicted person's health as attested by a
physician.
ARTICLE 12. PROBATION AND PAROLE.
§62-12-2. Eligibility for probation.
(a) Except for any person convicted of a crime of violence
against a person, as defined in section one, article eleven,
chapter sixty-one of this code, all persons who are found guilty
of or plead guilty to any felony, the maximum penalty for which
is less than life imprisonment, and all persons who are found
guilty of or plead guilty to any misdemeanor, shall be eligible
for probation, notwithstanding the provisions of sections
eighteen and nineteen, article eleven, chapter sixty-one of this
code.
(b) The provisions of subsection (a) of this section to the
contrary notwithstanding, any person who commits or attempts to
commit a felony with the use, presentment or brandishing of a
firearm shall be is ineligible for probation. Nothing in this
section shall apply applies to an accessory before the fact or a
principal in the second degree who has been convicted as if he or she were a principal in the first degree if, in the commission of
or in the attempted commission of the felony, only the principal
in the first degree used, presented or brandished a firearm.
(c)(1) The existence of any fact which would make any person
ineligible for probation under subsection (b) of this section
because of the commission or attempted commission of a felony
with the use, presentment or brandishing of a firearm shall may
not be applicable considered in determining probation eligibility
unless such that fact is clearly stated and included in the
indictment or presentment by which such that person is charged
and that fact is either: (i) Found by the court upon a plea of
guilty or nolo contendere; or (ii) found by the jury, if the
matter be tried before a jury, upon submitting to such jury
submission to the jury of a special interrogatory for such that
purpose; or (iii) found by the court, if the matter be tried by
the court, without a jury.
(2) The amendments to this subsection adopted in the year
one thousand nine hundred eighty-one:
(A) Shall Apply to all applicable offenses occurring on or
after the first day of August of that year;
(B) Shall Apply with respect to the contents of any
indictment or presentment returned on or after the first day of
August of that year irrespective of when the offense occurred;
(C) Shall Apply with respect to the submission of a special
interrogatory to the jury and the finding to be made thereon in
any case submitted to such a jury on or after the first day of
August of that year or to the requisite findings of the court
upon a plea of guilty or in any case tried without a jury:
Provided, That the state shall give notice in writing of its
intent to seek such a finding by the jury or court, as the case
may be, which notice shall state with particularity the grounds
upon which such the finding shall be is sought as fully as such
those grounds are otherwise required to be stated in an
indictment, unless the grounds therefor are alleged in the
indictment or presentment upon which the matter is being tried;
(D) Shall Do not apply with respect to cases not affected by
such amendment those amendments, and in such those cases, the
prior provisions of this section shall apply and shall be
construed without reference to such amendment those amendments;
and
Insofar as such those amendments relate to mandatory
sentences without probation, all such matters requiring such
sentence shall must be proved beyond a reasonable doubt in all
cases tried by the jury or the court.
(d) For the purpose purposes of this section, the term
"firearm" shall mean means any instrument which will, or is designed to, or may readily be converted to, expel a projectile
by the action of an explosive, gunpowder or any other similar
means.
(e) In the case of Any person who has been found guilty of,
or pleaded guilty to, a felony or misdemeanor under the
provisions of section twelve or twenty-four, article eight of
chapter sixty-one, or under the provisions of article eight-c or
eight-b, both of eight-b or eight-c of chapter sixty-one, all of
this code, such person shall only be is eligible for probation
only after undergoing a physical, mental and psychiatric study
and diagnosis which shall include an on-going treatment plan
requiring active participation in sexual abuse counseling at a
mental health facility or through some other approved program:
Provided, That nothing disclosed by the person during such study
or diagnosis shall may be made available to any law-enforcement
agency, or other party without that person's consent, or nor may
it be made admissible in any court of this state, unless such the
information disclosed shall indicate the indicates a present
intention or plans plan of the probationer or potential
probationer to do harm to any person, animal, institution or
property, in which case such the information may be released only
to such those persons as might be necessary for protection of the
said person, animal, institution or property believed to be in possible danger.
§62-12-13. Powers and duties of board; eligibility for parole;
procedure for granting parole.
(a) The board of parole, whenever it is of the opinion that
the best interests of the state and of the a prisoner will be
subserved thereby, and subject to the limitations hereinafter
provided in this article, shall release any such that prisoner on
parole for such terms and upon such those terms and upon those
conditions as are provided by in this article. Any prisoner of
a penitentiary of this state, to be eligible for parole:
(1)(A) Shall Must have served the minimum term of his or her
indeterminate sentence, or shall have served one fourth of his or
her definite term sentence, as the case may be, except that in no
case shall may any person, who committed or attempted to commit
a crime of violence to a person, be eligible for parole at any
point during his or her incarceration, nor may any person who
committed or attempted to commit a felony with the use,
presentment or brandishing of a firearm, be eligible for parole
prior to serving a minimum of three years of his or her sentence
or the maximum sentence imposed by the court, whichever is less:
Provided,
That any person who committed, or attempted to commit,
any violation of section twelve, article two, chapter sixty-one
of this code, with the use, presentment or brandishing of a firearm, shall not be eligible is ineligible for parole prior to
serving a minimum of until he or she has served at least five
years of his or her sentence, if indeterminate, or one third of
his or her definite term sentence, whichever shall be the is
greater. Nothing in this section shall apply applies to an
accessory before the fact or a principal in the second degree who
has been convicted as if he or she were a principal in the first
degree if, in the commission of or in the attempted commission of
the felony, only the principal in the first degree used,
presented or brandished a firearm. No person is ineligible for
parole under the provisions of this subdivision because of the
commission or attempted commission of a felony with the use,
presentment or brandishing of a firearm unless such that fact is
clearly stated and included in the indictment or presentment by
which such that person was charged and that fact was either: (i)
Found by the court at the time of trial upon a plea of guilty or
nolo contendere; or (ii) found by the jury, upon submitting to
such jury submission to the jury of a special interrogatory for
such this purpose if the matter was tried before a jury; or (iii)
found by the court, if the matter was tried by the court without
a jury.
For the purpose purposes of this section, the term "firearm"
shall mean means any instrument which will, or is designed to, or may readily be converted to, expel a projectile by the action of
an explosive, gunpowder or any other similar means.
(B) The amendments to this subsection adopted in the year
one thousand nine hundred eighty-one:
(i) Shall Apply to all applicable offenses occurring on or
after the first day of August of that year;
(ii) Shall Apply with respect to the contents of any
indictment or presentment returned on or after the first day of
August of that year irrespective of when the offense occurred;
(iii) Shall Apply with respect to the submission of a
special interrogatory to the jury and the finding to be made
thereon in any case submitted to such a jury on or after the
first day of August of that year or to the requisite findings of
the court upon a plea of guilty or in any case tried without a
jury: Provided,
That the state shall give notice in writing of
its intent to seek such a finding by the jury or court, as the
case may be, which notice shall state with particularity the
grounds upon which such that finding shall be is sought as fully
as such those grounds are otherwise required to be stated in an
indictment, unless the grounds therefor are alleged in the
indictment or presentment upon which the matter is being tried;
(iv) Shall Do not apply with respect to cases not affected
by such amendment those amendments and in such those cases, the prior provisions of this section shall apply and shall be
construed without reference to such amendment those amendments.
Insofar as such those amendments relate to mandatory
sentences restricting the eligibility for parole, all such
matters requiring such sentence shall be proved beyond a
reasonable doubt in all cases tried by the jury or the court.
(2) Shall May not be under punishment or in solitary
confinement for any infraction of prison rules;
(3) Shall Must have maintained a record of good conduct in
prison for a period of at least three months immediately
preceding the date of his or her release on parole;
(4) Shall Must have submitted to the board a written parole
release plan setting forth proposed plans for his or her place of
residence, employment and, if appropriate, his or her plans
regarding education and postrelease counseling and treatment,
said parole release plan having first been approved by the
commissioner of corrections or his or her authorized
representative;
(5) Shall Must have satisfied the board that if released on
parole he or she will not constitute a danger to the community.
Except in the case of one serving a life sentence, no person
who has been previously twice convicted of a felony may be
released on parole until he or she has served the minimum term provided by law for the crime for which he or she was convicted.
No person sentenced for life may be paroled until he or she has
served at least ten years, and no person sentenced for life who
has also been previously twice convicted of a felony may be
paroled until he or she has served at least fifteen years. In
the case of a person sentenced to any penal institution of this
state, It shall be is the duty of the board, as soon as such
person any inmate becomes eligible for parole consideration, to
consider the advisability of his or her release on parole. If,
upon such that consideration, parole be is denied, the board
shall at least once a year reconsider and review the case of
every prisoner so eligible denied, which reconsideration and
review shall be by the entire board. If parole be is denied in
any case, the prisoner shall be promptly notified.
(b) In the case of any person sentenced to or confined under
sentence in any city, or county or regional jail in this state,
the board shall may act only upon written application for parole.
If such a jail prisoner is under sentence on a felony conviction,
the provisions hereof relating to penitentiary prisoners shall
apply to and control his or her release on parole. If such a
person is serving time on a misdemeanor conviction, he or she is
eligible for parole consideration, upon receipt of his or her
written parole application and after the time for probation release as established by the sentencing court or judge has
expired.
(c) The board shall, with the approval of the governor,
adopt rules and regulations governing the procedure in the
granting of parole. No provision of this article and none of the
rules and regulations adopted hereunder are is intended or shall
may be construed to contravene, limit or otherwise interfere with
or affect the authority of the governor to grant pardons and
reprieves, commute sentences, remit fines or otherwise exercise
his or her constitutional powers of executive clemency.
The board shall be charged with the duty of supervising
supervise all probationers and parolees whose supervision may
have been undertaken by this state by reason of any interstate
compact entered into pursuant to the uniform act for out-of-state
parolee supervision.
(d) When considering a penitentiary prisoner for release on
parole, the board of parole shall have before it an authentic
copy of or report on of the prisoner's current criminal record as
provided through by the department division of public safety, of
West Virginia the United States department of justice or other
reliable criminal information sources and written reports of the
warden or superintendent of the penitentiary, as the case may be,
to at which such the prisoner is sentenced confined, which shall address:
(1) On The prisoner's conduct record while in prison,
including a detailed statement showing any and all infractions of
prison rules by the prisoner and the nature and extent of
discipline and punishment administered therefor;
(2) On Improvement or other changes noted in the prisoner's
mental and moral condition while in prison, including a statement
expressive of the prisoner's current attitude toward society in
general, toward the judge who sentenced him or her, toward the
prosecuting attorney who prosecuted him or her, toward the
policeman or other officer who arrested the prisoner and toward
the crime for which he or she is under sentence and his or her
previous criminal record;
(3) On The prisoner's industrial record while in prison,
showing the nature of his or her prison work or occupation and
the average number of hours per day he or she has been employed
in prison industry and recommending the nature and kinds of
employment which he or she is best fitted to perform and in which
the prisoner is most likely to succeed when he or she leaves
prison;
(4) On Physical, mental and psychiatric examinations of the
prisoner conducted, insofar as practicable, within the two months
next preceding parole consideration by the board.
The board may waive the requirement of any such report when
not available or not applicable if it is unavailable or
inapplicable as to any prisoner being considered for parole but,
in every such case, the board shall enter in the record thereof
its reason for
such the
waiver: Provided,
That in the case of a
prisoner who is incarcerated because such prisoner he or she has
been found guilty of, or has pleaded guilty to a felony under the
provisions of section twelve, article eight, chapter sixty-one of
this code or under the provisions of article eight-b or eight-c
of chapter sixty-one of this code, the board may not waive the
any report required by this subsection and, in these cases, the
report shall include a study and diagnosis which shall include
requires an on-going treatment plan requiring active
participation in sexual abuse counseling at an approved mental
health facility or through some other approved program:
Provided, however,
That nothing disclosed by the person during
such study or diagnosis shall may be made available to any
law-enforcement agency, or other party without that person's
consent, or nor may it be made admissible in any court of this
state, unless such the information disclosed shall indicate the
indicates a present intention or plans plan of the parolee to do
harm to any person, animal, institution or to property. Progress
reports of outpatient treatment shall be made at least every six months to the parole officer supervising such person a parolee
subject to these provisions. In addition, in
such cases, the
parole board shall inform the prosecuting attorney of the county
in which the person was convicted of the parole hearing and shall
request that the prosecuting attorney inform the parole board of
the circumstances surrounding a conviction or plea of guilty,
plea bargaining and other background information that might be
useful in its deliberations. The board shall also notify the
victim, if living, or the parents or guardian of the victim if
the victim is still a minor, of that the person is being
considered for parole. in such a case
Before releasing any penitentiary prisoner on parole, the
board of parole shall arrange for the prisoner to appear in
person before the board and the board may examine and interrogate
him or her on any matters pertaining to his or her parole,
including reports before the board made pursuant to the
provisions hereof of this section. The board shall reach its own
written conclusions as to the desirability of releasing such any
prisoner on parole. The warden or superintendent shall furnish
all necessary assistance and cooperate to the fullest extent with
the board of parole. All information, records and reports
received by the board shall be kept on permanent file.
The board and its designated agents shall at all times have access at all times to inmates imprisoned in any penal or
correctional institutions institution of this state or in any
city, or county or regional jail in this state, and shall have
the power are authorized to obtain any information or aid
necessary to the performance of their duties from other
departments and agencies of the state or from any political
subdivision thereof.
The board shall, if so requested by the governor,
investigate and consider all applications for pardon, reprieve or
commutation and shall make recommendation thereon to the
governor.
Prior to making such recommendation and prior to releasing
any penitentiary person on parole, the board shall notify the
sentencing judge and prosecuting attorney at least ten days
before such recommendation or parole. The board shall notify the
sentencing judge and prosecuting attorney at least ten days
before making any recommendation concerning applications for
pardon, reprieve or commutation and before releasing any inmate
on parole. Any person released on parole shall participate as a
condition of parole in the litter control program of the county
to the extent directed by the board, unless the board
specifically finds that this alternative service would be
inappropriate.
NOTE: The purpose of this bill is to eliminate violent
offenders from that group of criminal defendants and inmates who
are eligible under existing law for work release; alternative
sentencing; home incarceration; probation; parole; boot camp; and
juvenile jurisdiction treatment; and to identify by statutory
provision those offenses which contain the element of "violence
against a person" necessary to preclude these individuals from
such eligibility.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.