SB 883
Relating to standard of proof required for final parole or probation revocation hearing
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- 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 failing to meet special conditions. The bill also specifies potential penalties for probation violations, up to 180 days of confinement, and outlines procedures for notifying the Department of Corrections. Finally, it allows a judge to reconsider probation in certain circumstances, even after a violation.
Key provisions
- Establishes ‘proof by a preponderance of the evidence’ as the standard for final parole or probation revocation hearings.
- Defines specific violations that can trigger a revocation hearing (absconding, new criminal conduct, violation of special conditions).
- Specifies potential penalties for probation violations, ranging from 60 to 180 days of confinement.
- Requires notification to the Commissioner of Corrections upon ordering probationer incarceration.
- Allows a judge to reconsider probation under specific circumstances, even after a violation.
- Addresses the calculation of sentence time, excluding time between release and arrest.
- Outlines procedures for judges to make specific written findings before deviating from sentence limitations.
Who is affected
- Probationers
- Individuals on parole
- Probation officers
- Judges
- The Department of Corrections
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