Senate Bill No. 160
(By Senator Barnes)
[Introduced February 14, 2013; referred to the Committee on the
Judiciary; and then to the Committee on Finance
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §62-16-1, §62-16-2,
§62-16-3, §62-16-4, §62-16-5, §62-16-6 and §62-16-7, all
creating the Conditional Early Release Bond Act;
permitting the Board of Parole to release an inmate on parole;
permitting the board to place conditions on the release of a
prisoner including requiring the posting of an early-release
bond by cash or surety and certain other discretionary
conditions; setting forth the terms of a bond; providing for
penalties; providing for the surrender of the parolee;
and providing for severability.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6 and §62-16-7,
all to read as
ARTICLE 16. CONDITIONAL EARLY RELEASE BOND ACT.
§62-16-1. Short title.
This article may be cited as the Conditional Early Release
The following definitions apply in this article
"Board" means the Board of Parole having legal authority
to release a prisoner on parole
"Bond" means the written undertaking delivered by the
surety to the Board of Parole and describing the terms and
conditions of surety's duties
"Breach" means any condition of release violated by the
"Breach penalty" means the amount of money to be paid by
surety to the state upon the surety's failure to meet the
requirements under this article. The breach penalty is equal to the
face amount of the bond. There are two types of breach penalties:
(A) An amount of money paid by the surety upon breach of a
release condition; and
(B) An amount of money paid by the surety if the principal is
not back in custody within a given amount of time following breach of release condition.
"Conditions" means such conditions as the board may impose
as a prerequisite to being on release from custody
"Charge" means the amount of money the surety charges to
write the bond. In no case may the charges be less than ten percent
of the aggregate penalty amounts which charge is fully earned when
the bond is written
"Mandatory conditions" means those nondiscretionary
conditions the board has placed on the principal as a condition to
early release by operation of law
(8) "Principal" means any person to be released on furlough or
parole pursuant to this article.
"Revocation of bond" means the use and effectiveness of
the bond has ceased. The board may revoke the bond upon a breach or
continue the bond by nullifying the breach. The decision of the
board is final. The bond may be revoked at any time the board
determines that the principal has failed to abide by the conditions
of the bond or is no longer capable of abiding by the conditions of
(10) "Surety" means any insurance company licensed under the
laws of the state to execute bonds filed in criminal cases.
§62-16-3. Early release on bond.
Upon the decision of the board to release any person on furlough or parole, the board may condition the release of a
principal by requiring the posting of an early release bond by cash
or surety. The board may set other conditions of release, which
conditions shall be appended to and made a part of the bond. The
conditions are discretionary with the board and shall be
appropriate to the character and circumstances of the principal and
the circumstances of the principal's release. Discretionary
conditions may include:
(1) The principal shall be drug/alcohol tested as specified;
(2) The principal shall take part in specified recovery
(3) The principal may not contact, go about, or communicate
directly with any witness involved in the principal's conviction;
(4) The principal may not contact, go about, or communicate
directly or indirectly with any victim(s) involved in the
(5) The principal shall obtain and keep employment;
(6) The principal shall be on home arrest via global
positioning satellite (GPS) monitoring devices approved by the
(7) The principal shall abide by specified travel
(8) The principal shall make all specified periodic restitution payments;
(9) The principal shall pay specified fines and court costs;
(10) The principal shall perform specified community services;
(11) The principal shall pursue specified education courses;
(12) The principal shall obtain such education as specified;
(13) The principal shall participate in such family or third
party involvement as specified;
(14) The principal shall have, as a mandatory condition, that
he or she pay the surety's charge; and
(15) The principal shall have, as a mandatory condition, that
he or she personally report to the surety at such time and in such
manner as directed by the board and the surety.
§62-16-4. Terms of the bond.
The early release bond put up by the surety shall:
(1) Be for a term of one year, and may be renewed annually;
(2) Be in favor of and payable to the state; and
(3) Be conditioned that the board shall:
(A) Give the surety written notice of any breach of condition
within five calendar days of the breach.
(B) If within one hundred eighty calendar days from date of
receipt of written notice by board that the principal has failed to
meet one or more of the conditions of principal's early release,
the principal shall have been placed back into custody, whether by surety or another, then the bond shall be exonerated.
. Penalties paid by surety.
The surety shall pay a breach penalty upon breach of a
condition by the principal and upon the principal not being back in
custody within the prescribed one hundred eighty days.
§62-16-6. Surrender of principal.
At any time after receiving a notice of breach by the
principal, the surety may arrest the principal and surrender him or
her to the nearest jail or correctional facility. If the principal
is surrendered within one hundred eighty calendar days of receipt
of the notice of breach, the bond shall be exonerated.
If any provision of this article or its application to any
person or circumstance is held invalid, that invalidity shall not
affect other provisions or applications of the article which can be
given effect without the invalid provision or its application, and
to this end, the provisions of this article are declared to be
NOTE: The purpose of this bill is to
create the Conditional
Early Release Bond Act. The bill permitting the Board of Parole to
release any person on parole. The bill permits the board to place
conditions on the release of a prisoner including requiring the
posting of an early release bond by cash or surety. The bill sets
forth the terms of a bond. The bill provides for penalties. The bill provides for the surrender of the parolee. The bill defines
terms and provides for severability.
This article is new; therefore, strike-throughs and
underscoring have been omitted.