Senate Bill No. 231
(By Senators Love and White)
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[Introduced January 20, 2006; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact §62-12-10 of the Code of West
Virginia, 1931, as amended, relating to limiting the
eligibility of a person for parole if the person has
violated the terms and conditions of probation or home
incarceration.
Be it enacted by the Legislature of West Virginia:
That §62-12-10 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-10. Violation of probation.
If at any time during the period of probation there
shall be
is reasonable cause to believe that the probationer has violated
any of the conditions of his
or her probation, the probation
officer may arrest
him the probationer with or without an order or warrant, or the court which placed
him the probationer on
probation, or the judge
thereof of the court in vacation, may
issue an order for his
or her arrest, whereupon
he the
probationer shall be brought before the court, or the judge
thereof of the court in vacation, for a prompt and summary
hearing. If it
shall then appear appears to the satisfaction of
the court or judge that any condition of probation has been
violated, the court or judge may revoke the suspension of
imposition or execution of sentence, impose sentence if none has
been imposed, and order that sentence be executed. In computing
the period for which the offender is to be imprisoned, the time
between his
or her release on probation and his
or her arrest
shall may not be taken to be any part of the term of his
or her
sentence. If, despite a violation of the conditions of
probation, the court or judge
shall be of the opinion finds that
the interests of justice do not require that the probationer
serve his
or her sentence, the court or judge may, except when
the violation was the commission of a felony, again release
him
the probationer on probation.
Any person having been found to
have violated the terms and conditions of his or her probation or
home incarceration pursuant to section nine, article eleven-b of
this chapter and subsequently imprisoned is not eligible for
consideration for release upon parole until the person has served
a minimum of one full year imprisonment or until they are otherwise parole eligible, whichever is longer.
NOTE: The purpose of this bill is to limit the eligibility
of a person for parole if the person has violated the terms and
conditions of probation or home incarceration.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.