§62-12-1. Courts Having Authority to Place Offenders on Probation
Any circuit court of this state shall have authority as provided in this article to place on probation any person convicted of a crime.
§62-12-10. Violation of Probation
(a) If at any time during the period of probation there shall be reasonable cause to believe that the probationer has violated any of the conditions of his or her probation, the probation officer may arrest him or her with or without an order or warrant, or the court which placed him or her on […]
§62-12-11. Probation Period
The period of probation together with any extension thereof shall not exceed seven years. Upon the termination of the probation period, the probation officer shall report to the court the conduct of the probationer during the period of his or her probation, and the court may thereupon discharge the probationer or extend the probation period. […]
§62-12-12. Parole Board Generally
(a) The West Virginia Parole Board is continued as part of the Division of Corrections and Rehabilitation. The board shall consist of nine members, each of whom shall have been a resident of this state for at least five consecutive years prior to his or her appointment. No more than five of the board members […]
§62-12-12a. Parole Board Panels
(a) The board shall sit in panels of three members for the purpose of conducting hearings and making determinations concerning the release of any inmate on parole, conducting hearings and making determinations regarding the revocation of parole, considering any eligible parolee for release from further supervision and discharge from parole, conducting parole interviews and conducting […]
§62-12-13. Powers and Duties of Board; Eligibility for Parole; Procedure for Granting Parole
(a) The Parole Board, whenever it is of the opinion that the best interests of the state and of the inmate will be served, and subject to the limitations provided in this section, shall release any inmate on parole for terms and upon conditions provided by this article. (b) Any inmate of a state correctional […]
§62-12-13a. Eligibility Date for Parole
When the prisoner has received an indeterminate sentence, the minimum sentence shall be considered as an eligibility date for parole consideration but does not confer in the prisoner the right to be released as of that date.
§62-12-13b. Special Parole Considerations for Persons Convicted as Juveniles
(a) When a person who is serving a sentence imposed as the result of an offense or offenses committed when he or she was less than eighteen years of age becomes eligible for parole pursuant to applicable provisions of this code, including, but not limited to, section twenty-three, article eleven, chapter sixty-one thereof, the parole […]
§62-12-13c. Authority of Commissioner to Establish a Nonviolent Offense Parole Program
(a) The commissioner may establish a nonviolent offense parole program for any inmate of a state correctional facility in which an inmate may be paroled without action of the Parole Board based upon objective standards as set forth in this section, to commence on July 1, 2021. (b) Notwithstanding any provision of this code to […]
§62-12-17. Conditions of Release on Probation and Parole
(a) Release and supervision on parole of any person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government, shall be upon the following conditions: (1) That the parolee may not, during the period of his or her parole, violate any criminal law of […]
§62-12-18. Period of Parole; Discharge
The period of parole shall be the maximum of any sentence, less deductions for good conduct and work as provided by law, for which the paroled inmate, at the time of release, was subject to imprisonment under his or her definite or indeterminate sentence, as the case may be: Provided, That at any time after […]
§62-12-19. Violation of Parole
(a) If at any time during the period of parole there is reasonable cause to believe that the parolee has violated any of the conditions of his or her release on parole, the parole officer may arrest him or her with or without an order or warrant, or the Commissioner of Corrections may issue a […]
§62-12-2. Eligibility for Probation
(a) All persons who are found guilty of or plead guilty to any felony, the maximum penalty for which is less than life imprisonment, and all persons who are found guilty of or plead guilty to any misdemeanor are eligible for probation, notwithstanding the provisions of §61-11-18 and §61-11-19 of this code. (b) The provisions […]
§62-12-20. To Whom Article Applies
The provisions of this article shall be applied to all persons who shall be convicted of a crime committed after this article takes effect. All persons convicted of a crime committed before this article takes effect, whether convicted before or after that time, shall remain subject to the law in effect when the crime was […]
§62-12-21. Repeal of Inconsistent Laws;"director" Construed to Mean "board."
All other laws or parts of laws inconsistent with this article are hereby repealed: Provided, however, That nothing in this article shall be construed to affect in any way the laws relating to juvenile probation and parole. Wherever in the official Code of West Virginia the words "director of probation and parole" are used they […]
§62-12-22. Appointment of Counsel for Parole Violators; Authority to Appoint; Payment of Counsel
Any person accused of a violation of his parole, as set forth in this article, may be represented by counsel at any hearing held for the purpose of determining whether his parole should be revoked. In the event the person accused of a violation of his parole is unable to pay for counsel and desires […]
§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, kidnapping, child abuse resulting in injury, child neglect resulting in injury, arson or a sexual offense against a minor, the prosecuting attorney who prosecuted the offender shall prepare a parole hearing notification […]
§62-12-24. Request to Continue for Good Cause and Timely Notice Required
(a) Any inmate scheduled for a parole interview shall, if he or she desires to continue the interview, file with the institutional parole officer a written waiver of his or her right to an interview on the date set on a form provided by the commissioner of corrections at least thirty days prior to the […]
§62-12-26. Extended Supervision for Certain Sex Offenders; Sentencing; Conditions; Supervision Provisions; Supervision Fee
(a) Notwithstanding any other provision of this code to the contrary, any defendant convicted after the effective date of this section of a violation of 61-8-12 of this code or a felony violation of the provisions of 61-8B-1 et seq., 61-8C-1 et seq., and 61-8D-1 et seq., of this code shall, as part of the […]
§62-12-27. Mandatory Prerelease Risk Assessment of Certain Sex Offenders
Prior to discharging an inmate convicted of a violation of section twelve, article eight, chapter sixty-one of this code or a felony violation of the provisions of article eight-b or eight-d of said chapter at the expiration of the term of their sentence, the Division of Corrections shall perform an assessment to determine the statistical […]