Senate Bill No. 534
(By Senator Sprouse)
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[Introduced February 17, 2000; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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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
twelve-a, relating to the creation of the sex offender parole
board; setting forth minimum qualifications and terms of
service; providing members are appointed by the governor with
the advice and consent of the Senate; providing that the board
may detain sex offenders beyond the full term of their
sentences if it finds that the offenders pose likely threat of
committing like offenses upon release; providing that two
psychologists or psychiatrists must concur that the particular
offender poses a danger before he or she can be additionally detained; and giving the offender the right to present
evidence in his or her own behalf, have legal counsel and
appeal any adverse action taken against him or her under this
section.
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
twelve-a, to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-12a. Sex offender parole board.
(a) There shall be a state board of parole exclusively for
determining the parole status of persons convicted of sexual
offenses, known as the "West Virginia sex offense parole board".
The board shall consist of three members, each of whom shall have
been a resident of this state for at least five consecutive years
prior to his or her appointment. No more than two of the board
members may at any one time belong to the same political party.
The board shall be appointed by the governor, by and with the
advice and consent of the Senate. Each member of the board shall
have a degree in psychology or like experience and academic training and shall be otherwise competent to perform the duties of
his or her office. The members shall be appointed for overlapping
terms of six years. Any member qualified under this section is
eligible for reappointment. Each member of the board shall receive
one hundred dollars for each day actually spent attending meetings
of the board. They shall also be entitled to reimbursement for
reasonable and necessary expenses incurred in the fulfillment of
their duties. Any single member of the board is empowered to hold
any hearing provided for in this article, where a transcript of the
hearing, including exhibits and documentary evidence, and the
recommendation of the member holding the hearing is submitted to
the board for decision.
(b) The board shall be subject to all of the powers and duties
prescribed under section thirteen of this article as those powers
and duties relate exclusively to sex offenders.
(c) The board, upon unanimous concurrence, is empowered to
detain any sex offender beyond the maximum period of incarceration
otherwise provided by law: Provided, That, before any offender may
be denied release under this section, it is required that two
competent psychologists or psychiatrists with expertise in
identifying the psychological profiles of particular sex offenders and the likelihood that they will commit future sex offenses,
concur in an informed opinion that a particular sex offender who
has or is about to serve his or her full sentence otherwise
allowable by law, presents a great likelihood that he or she will
commit further sexual offenses upon release from incarceration:
Provided, however, That any offender detained under this section
shall have the right to be represented by legal counsel as well as
the right to present evidence in opposition to an adverse finding
by the board and to appeal the adverse ruling: Provided further,
That in no event may any parolee be detained longer than six months
under this section without further review by the board concerning
the likelihood of recidivism.
NOTE: The purpose of this bill is to create the "sex offender
parole board." The bill sets forth minimum qualifications and terms
of service; it provides members are appointed by the governor with
the advice and consent of the Senate; it provides that the board
may detain sex offenders beyond the full term of their sentences if
they find that the offenders pose likely threats of committing like
offenses upon release; it provides that two psychologists or
psychiatrists must concur that the particular offender poses a
danger before he or she can be additionally detained; and, finally,
it gives the offender the right to present evidence in his or her
own behalf, have legal counsel and appeal any adverse action taken
against him or her under this section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.