Senate Bill No. 178

(By Senators Ball, Dittmar, Redd, Oliverio,

Love and L. Anderson)

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[Introduced January 21, 1999;

referred to the Committee on the Judiciary.]

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A BILL to amend article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-four, relating to requiring an inmate to make written motion, upon timely notice, to support a request for a continuance of any proceeding before the board of probation and parole.

Be it enacted by the Legislature of West Virginia:
That article twelve, chapter sixty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-four, to read as follows:
ARTICLE 12. PROBATION AND PAROLE
§62-12-24. Motion to continue for good cause and timely notice required.

Unless otherwise promulgated by rule, an inmate, for his or her motion to continue a previously scheduled proceeding before the board of probation and parole, must file a written motion showing good cause for the continuance and he or she must serve the motion upon an officer of the division of corrections no later than ten days prior to the hearing sought to be continued.



NOTE: The purpose of this bill is to stop the present practice of inmates postponing hearings so close to the event as to cause great inconvenience to the members of the board.

This section is new; therefore, strike-throughs and underscoring have been omitted.