COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 105
(By Senators Tomblin (Mr. President) and Sprouse,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported January 20, 2000.]
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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 extended periods of supervision for
certain sex offenders; imposition as part of sentence;
conditions; supervision; revocation; authority of probation
officer and courts; and authorizing the imposition of a fee
for supervision.
Be it enacted by the Legislature of West Virginia:
That section twelve, chapter sixty-one 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. Extended supervision for certain sex offenders;
sentencing; conditions; supervision provisions; supervision
fee.
(a) Notwithstanding any provision of this code to the
contrary, any defendant convicted of a violation of section twelve,
article eight, chapter sixty-one of this code or a felony violation
of the provisions of article eight-b, eight-c or eight-d of said
chapter shall, as part of his or her sentence, be required to
serve, in addition to any other penalty or condition imposed by the
court, a period of supervised release of up to five years. The
period of supervised release imposed by the provisions of this
section shall begin upon the expiration of any period of probation,
the expiration of any sentence of incarceration or the expiration
of any period of parole supervision imposed or required of the
person so convicted, whichever expires later.
(b) Any person sentenced to a period of supervised release
pursuant to the provisions of this section shall be supervised by
the probation office of the sentencing court unless jurisdiction is
transferred with the court's consent.
(c) A defendant sentenced to a period of supervised release
shall be subject to any or all of the conditions applicable to a
person placed upon probation pursuant to the provisions of section
nine, article twelve, chapter sixty-one of this code: Provided, That any defendant sentenced to a period of supervised release
pursuant to this section shall be required to participate in
appropriate offender treatment programs or counseling during the
period of supervised release unless the court deems such to no
longer be appropriate or necessary and makes express findings in
support thereof.
(d) The supervising court may, based upon defendant's ability
to pay, impose a supervision fee to offset the cost of supervision.
Said fee shall not exceed fifty dollars per month.
(e) Modification of conditions or revocation. -- The court
may:
(1) Terminate a term of supervised release and discharge the
defendant released at any time after the expiration of two years of
supervised release, pursuant to the provisions of the West Virginia
rules of criminal procedure relating to the modification of
probation, if it is satisfied that such action is warranted by the
conduct of the defendant released and the interests of justice;
(2) Extend a term of supervised release if less than the
maximum authorized term previously imposed and may modify, reduce,
or enlarge the conditions of supervised release, at any time prior
to the expiration or termination of the term of supervised release,
pursuant to the provisions of the West Virginia rules of criminal
procedure relating to the modification of probation and the provisions applicable to the initial setting of the terms and
conditions of post-release supervision.
(3) Revoke a term of supervised release and require the
defendant to serve in prison all or part of the term of supervised
release without credit for time previously served on supervised
release if the court, pursuant to the West Virginia rules of
criminal procedure applicable to revocation of probation, finds by
a preponderance of the evidence that the defendant violated a
condition of supervised release, except that a defendant whose term
is revoked under this subdivision may not be required to serve more
than the period of supervised release.
(4) Order the defendant to remain at his place of residence
during nonworking hours and, if the court so directs, to have
compliance monitored by telephone or electronic signaling devices,
except that an order under this paragraph may be imposed only as an
alternative to incarceration.
(f) Written statement of conditions. -- The court shall direct
that the probation officer provide the defendant with a written
statement that sets forth all the conditions to which the term of
supervised release is subject and that it is sufficiently clear and
specific to serve as a guide for the defendant's conduct and for
such supervision as is required.
(g) Supervised release following revocation. -- When a term of supervised release is revoked and the defendant is required to
serve a term of imprisonment that is less than the maximum term of
imprisonment authorized under subsection (a) of this section, the
court may include a requirement that the defendant be placed on a
term of supervised release after imprisonment. The length of such
term of supervised release shall not exceed the term of supervised
release authorized by this section less any term of imprisonment
that was imposed upon revocation of supervised release.
(h) Delayed revocation. -- The power of the court to revoke a
term of supervised release for violation of a condition of
supervised release and to order the defendant to serve a term of
imprisonment and, subject to the limitations in subsection (f), a
further term of supervised release, extends beyond the expiration
of the term of adjudication of matters arising before its
expiration if, before its expiration, a warrant or summons has been
issued on the basis of an allegation of such a violation.
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(NOTE: The purpose of this bill is to provide an extended
period of supervision for certain felony sexual offenders after
service of any sentence, expiration of parole or probation.
Strike-throughs indicate language that be stricken from the
present law, and underscoring indicates new language that would be
added.)