Senate Bill No. 229
(By Senators Love and White)
____________
[Introduced January 20, 2006; referred to the Committee
on the Judiciary.]
____________
A BILL to amend and reenact §62-12-23 of the Code of West
Virginia, 1931, as amended, relating to notification of
parole hearings; victim's right to be heard; and adding to
the crimes committed by an offender for which the
preparation of a parole hearing notification form and
notification of release on parole is required.
Be it enacted by the Legislature of West Virginia:
That §62-12-23 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-23. Notification of parole hearing; victim's right to be
heard; notification of release on parole.
(a) Following the sentencing of a person who has been
convicted of murder, aggravated robbery, sexual assault in the
first or second degree, kidnaping, child abuse resulting in injury, child neglect resulting in injury, arson, bank robbery,
voluntary manslaughter, negligent homicide, driving under the
influence causing death, fleeing causing death, malicious
wounding, malicious assault, child abuse resulting in death,
child neglect resulting in death or a sexual offense against a
minor, the prosecuting attorney who prosecuted the offender shall
prepare a "Parole Hearing Notification Form." This form shall
contain the following information:
(1) The name of the county in which the offender was
prosecuted and sentenced;
(2) The name of the court in which the offender was
prosecuted and sentenced;
(3) The name of the prosecuting attorney or assistant
prosecuting attorney who prosecuted the offender;
(4) The name of the judge who presided over the criminal
case and who sentenced the offender;
(5) The names of the law-enforcement agencies and officers
who were primarily involved with the investigation of the crime
for which the offender was sentenced; and
(6) The names, addresses and telephone numbers of the
victims of the crime for which the offender was sentenced or the
names, addresses and telephone numbers of the immediate family
members of each victim of the crime, including, but not limited
to, each victim's spouse, father, mother, brothers and sisters.
(b) The prosecuting attorney shall retain the original of
the "Parole Hearing Notification Form," and shall provide copies
of it to the circuit court which sentenced the offender, the
Parole Board, the Commissioner of Corrections and to all persons
whose names and addresses are listed on the "Parole Hearing
Notification Form".
(c) At least forty-five days prior to the date of a parole
hearing, the Parole Board shall notify all persons who are listed
on the "Parole Hearing Notification Form" of the date, time and
place at which a parole hearing will be held. Such The notice
shall be sent by certified mail, return receipt requested. The
notice shall state that the victims of the crime have the right
to submit a written statement to the Parole Board and to attend
the parole hearing to be heard regarding the propriety of
granting parole to the prisoner. The notice shall also state
that only the victims may submit written statements and speak at
the parole hearing unless a victim is deceased, is a minor or is
otherwise incapacitated.
(d) The Parole Board shall inquire during the parole hearing
as to whether the victims of the crime or their representatives,
as provided in this section, are present. If so, the Parole
Board shall permit those persons to speak at the hearing
regarding the propriety of granting parole for the prisoner.
(e) If the Parole Board grants parole, it shall immediately set a date on which the prisoner will be released. Such The date
shall may be no earlier than thirty days after the date on which
parole is granted. On the date on which parole is granted, the
Parole Board shall notify all persons listed on the "Parole
Hearing Notification Form" that parole has been granted and that
the prisoner will be released on a particular date. A written
statement of reasons for releasing the prisoner, prepared
pursuant to subdivision (4), subsection (d), section thirteen of
this article, shall be provided upon request to all persons
listed on the "Parole Hearing Notification Form."
NOTE: The purpose of this bill is to add to the crimes
committed by an offender for which the preparation of a parole
hearing notification form and notification of release on parole
is required.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.