COMMITTEE SUBSTITUTE
FOR
H. B. 3305
(By Delegates Webster, Caputo, Frazier,
Hutchins, Kominar, Miley, Moore and Staggers)
(Originating in the House Committee on the Judiciary)
[March 27, 2009]
A BILL to amend and reenact §62-12-6 of the Code of West Virginia,
1931, as amended, relating to the powers and duties of
probation officers and parole officers; authorizing probation
officers to arrest persons who violate conditions of probation
or supervised release; eliminating the authority of probation
officers to collect money; eliminating the requirement that
probation officers post bond; and specifying the manner in
which probation and parole officers may exercise the power to
arrest probationers, parolees and persons under their
supervision.
Be it enacted by the Legislature of West Virginia:
That §62-12-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-6. Powers and duties of probation officers.
(a) Each probation officer shall investigate all cases
referred to him which the court refers to the officer for
investigation
by the court and shall report in writing
thereon. He
on each case. The probation officer shall furnish to each person
released on probation under
his the officer's supervision a written statement of the
probationer's conditions of
his probation together
with a copy of the rules
and regulations prescribed by the court
for the supervision of probationers.
He shall keep himself The
probation officer shall stay informed concerning the conduct and
condition of
those under his each probationer under the officer's
supervision and shall report
thereon on the conduct and condition
of each probationer in writing as often as the court
may require.
He requires. The probation officer shall use all practicable and
suitable methods to aid and encourage
them and to bring about
improvement in their the probationer to improve his or her conduct
and condition.
He shall keep detailed records of his work, shall
keep accurate and complete accounts of and give receipts for all
money collected from persons under his supervision and shall pay
over the money to such person as the court may designate. He shall
give bond with good security, to be approved by the court, in a
penalty of not less than one thousand nor more than three thousand
dollars, as the court may determine. He The probation officer
shall maintain detailed work records and shall
also perform
such
any other duties
as the court
may require. He shall have requires.
The probation officer has authority, with or without an order or
warrant, to arrest any probationer
as provided in section ten of
this article, and to arrest any person on supervised release when
there is reasonable cause to believe that the person on supervised
release has violated a condition of release. A person on
supervised release so arrested shall be taken without unreasonable
delay before a judge for proceedings pursuant to section twenty-six
of this article.
(b) Notwithstanding any provision of this code to the contrary:
(1) Any probation officer appointed on or after July 1, 2002,
may carry handguns in the course of
their the officer's official
duties after meeting specialized qualifications established by the
Governor's Committee on Crime, Delinquency and Correction, which
qualifications shall include the successful completion of handgun
training, including a minimum of four hours' training in handgun
safety and comparable to the handgun training provided to
law-enforcement officers by the West Virginia State Police.
(2)
Any person employed as a probation officer on the
thirtieth day of June, two thousand two, is exempt from the
licensure requirements set forth in article seven, chapter
sixty-one of this code until the thirtieth day of June, two
thousand four, while employed as a probation officer: Provided,
That after the thirtieth day of June, two thousand four, such
Probation officers may only carry handguns in the course of their
official duties after meeting the specialized qualifications set
forth in subdivision (1) of this subsection.
(3) Nothing in this subsection
shall be construed to include
includes probation officers within the meaning of law-enforcement
officers as defined in section one, article twenty-nine, chapter
thirty of this code.