Senate Bill No. 165
Senators Kessler (Mr. President) and Unger
[Introduced February 15, 2013; referred to the Committee on the
A BILL to amend and reenact §62-12-7 of the Code of West Virginia,
1931, as amended, relating to requiring probation officers in
preparing a presentence report to calculate and identify the
financial costs to the county and the state of the different
forms of sentencing available to the court.
Be it enacted by the Legislature of West Virginia:
That §62-12-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-7. Preliminary investigation; report on prospective
When directed by the court, the probation officer shall make
a careful investigation of, and a written report with recommendations concerning, any prospective probationer. Insofar
as practicable this report shall include information concerning the
offender's court and criminal record, occupation, family
background, education, habits and associations, mental and physical
condition, the names, relationship, ages and condition of those
dependent upon him or her for support and shall contain a list
showing the costs to the county and the state of the different
forms of sentencing available to the court and such other facts as
may aid the court in determining the propriety and conditions of
his or her release on probation. No person convicted of a felony
or of any offense described in article eight-b or eight-d, chapter
sixty-one of this code against a minor child may be released on
probation until this report shall have been presented to and
considered by the court. The court may in its discretion request
such a report concerning any person convicted of a misdemeanor.
The presentence report of any person convicted of an offense,
described in said articles or section twelve, article eight of said
chapter, may include a statement from a therapist, psychologist or
physician who is providing treatment to the child. A copy of all
reports shall be filed with the board of probation and parole.
NOTE: The purpose of this bill is to require the probation
officer in preparing a presentence report to calculate the costs associated with the potential different forms of sentencing that
may be imposed by the court.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would