Senate Bill No. 182
(By Senator Sprouse)
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[Introduced February 20, 2001; 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.