HB 5452
Relating to the standard of proof required for a final parole or probation revocation hearing.
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- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies that the standard of proof required for a final parole or probation revocation hearing in West Virginia is ‘proof by a preponderance of the evidence.’ It outlines the process for determining reasonable cause for revocation, including violations like absconding, new criminal conduct, or violating specific conditions of probation. The bill also details potential consequences for probation violations, such as periods of confinement up to 120 days for repeat offenses.
Key provisions
- The standard of proof for final parole or probation revocation hearings is ‘proof by a preponderance of the evidence.’
- Reasonable cause for revocation includes absconding, new criminal conduct (excluding minor traffic violations or simple drug possession), or violation of a special condition.
- First violation: Judge may impose a period of confinement up to 60 days.
- Second violation: Judge may impose a period of confinement up to 120 days.
- Third violation: Court may revoke probation and impose sentence.
- Time between release on probation and arrest is not counted toward the sentence.
- Judge may grant a new probation release even after a violation, with specific written findings.
- Costs of confining felony probationers are paid by the Division of Corrections.
Who is affected
- Probationers
- Individuals on parole
- Probation officers
- Judges
- The Department of Corrections
Notable changes
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