reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-25 - Special Purpose Vehicles › Section 91-25-7 - Hatfield-McCoy Recreation Area

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				This rule is not intended to add or remove any requirement for the lawful use
				of a vehicle on the trail system of the Hatfield-McCoy Recreation Area as
				described in W.Va. Code § 20-14-let seq.
7.2. Any person operating a type of special
				purpose vehicle or street-legal special purpose vehicle that qualifies for road
				use under W. Va. Code §
									17F-1-1 on any access road to the
				Hatfield-McCoy Recreation Area or upon a road within die corporate limits of
				any municipality or county within the Hatfield-McCoy Recreation Area working in
				cooperation with the Hatfield-McCoy Regional Recreation Authority may operate
				the vehicle without registering it under W. Va. Code § 17A-13-1 as long as
				the person displays a valid Hatfield-McCoy Recreation Area user permit in
				accordance with W. Va. Code §
									20-14-8, wears a helmet that meets
				the standards of W. Va. Code §
									17C-15-44, and maintains
				liability insurance in an amount equal to the minimums provided in W. Va. Code
				§
									17D-4-2.
7.3. A municipality or county containing
				roads within an area described in §7.2 above must display appropriate
				signage describing die rules and regulations herein and any rules and
				regulations required by the Hatfield-McCoy Regional Recreation
				Authority.
West Virginia Code of State Rules › Agency 91 - Motor Vehicles › Title 91 - LEGISLATIVE RULE DIVISION OF MOTOR VEHICLES › Series 91-25 - Special Purpose Vehicles › Section 91-25-8 - Violation of this rule or W. Va. Code Section 7A-13-1

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any operation of a special purpose
				vehicle or street-legal special purpose vehicle in violation of the rule or W.
				Va. Code § 17A-13-1 et seq is a misdemeanor in accordance with the
				provisions of W. Va. Code §
									17A-11-1.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules establish
				procedures and criteria to be employed by the West Virginia Parole Board when
				considering eligible inmates incarcerated by the West Virginia Division of
				Corrections & Rehabilitation for parole; in granting or denying parole;
				establishing conditions therefore; and providing a process for reconsideration
				and extraordinary remedies.
1.2.
				Authority. -- W. Va. Code §
									62-12-13(g).
1.3. Filing Date. -- June 1, 2022.
1.4. Effective Date. -- July 1,
				2022.
1.5. Purpose. -- The general
				purpose of these rules and regulations is to establish procedures and criteria
				whereby the West Virginia Parole Board shall discharge its duties and exercise
				the powers described and reserved to the Board by the W. Va. Code
				§§
									62-12-12; 62-12-12a; 62-12-13; 62-12-13b; 62-12-18; 62-12-23; and
				62-12-24.
1.6. Repeal and Replace.
				-- This rule repeals and replaces W. Va. Code R. § 92-1-1, West Virginia
				Parole Board Procedural Rules, effective October 7, 2014.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Accelerated Parole" shall mean a
				release of an inmate upon parole based upon successful completion of that
				certain program set forth in W. Va. Code §
									62-12-13(b)(1)(B), provided the
				Parole Board does not find that the inmate constitutes a reasonable risk to the
				safety or property of other persons if released, and all other factors in
				subsections (b)(2-4) of the same section are met.
2.2. "Board" or "Parole Board" shall mean the
				West Virginia Parole Board.
2.3.
				"Chairperson" shall mean the Parole Board Member appointed by the Governor to
				govern the West Virginia Parole Board pursuant to W. Va. Code
				§
									62-12-12.
2.4. "Contingent
				Parole" shall mean a release of an inmate to parole based upon successful
				completion of conditions or submission of an approved release plan within a
				time frame specified by the Panel.
2.5. "Division" shall refer to the West
				Virginia Division of Corrections & Rehabilitation.
2.6. "Foreign Detainer" shall mean a detainer
				lodged by a jurisdiction other than West Virginia for service of a sentence of
				incarceration.
2.7. "Institution"
				shall refer to any location designated by the State of West Virginia as a
				correctional facility.
2.8. "Lead
				Interviewer" shall be a Parole Board Member who shall serve as the Presiding
				Member over a specific case.
2.9.
				"Member" shall mean any Member of the West Virginia Parole Board.
2.10. "Ordinary Parole" shall mean a release
				of an inmate to parole based on eligibility relating to service of the minimum
				required sentence set forth in W. Va. Code §
									62-12-13(b)(1)(A) and all
				other factors in subsections (b)(2-4) of the same section.
2.11. "Parole Officer" shall refer to an
				employee of the West Virginia Division of Corrections & Rehabilitation who
				is charged with the supervision of the parolee during his or her release on
				parole and with the enforcement of the terms and conditions of
				parole.
2.12. "Panel" shall refer
				to three Members designated by the Chairperson for the purpose of conducting
				hearings and making determinations pursuant to Section 3.2 below.
2.13. "Victim" means a person who is a victim
				of a felony, or whose death occurs during the commission of a felony or
				misdemeanor, or a member of the deceased victim's immediate family, the
				fiduciary of the deceased victim's estate, or an adult household member
				residing with the victim. For purposes of inmates with aggregate consecutive or
				concurrent sentences, any of the victims of the crimes for which the inmate is
				currently serving a sentence shall be considered victims at any parole hearing
				held during that aggregate term of incarceration.
2.14. "Violation" shall refer to a breach by
				the parolee of any term or condition of release upon
				parole.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-5 - Interviews of Inmates

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Inmates who
				meet the applicable eligibility requirements for parole consideration shall be
				given an interview by a Panel of the Board.
5.2 Pursuant to W. Va. Code
				§
									62-12-13(m), interviews may be conducted by means of video teleconference
				in compliance with statutory requirements.
5.3 No inmate shall have the right to an
				interview on any particular day. However, the inmate shall have the right to an
				interview within a specific month in accordance with the following:
5.3.a. Initial Interview. -- When an inmate
				first becomes eligible for parole, he or she shall be interviewed by a Panel of
				the Board during the month in which he or she becomes eligible.
5.3.b. An inmate who is not granted parole
				following the initial interview, shall be scheduled for an additional interview
				no more than 12 months following the month of initial eligibility except for
				inmates with life sentences who may be subject to extensions of this period.
				Subsequent interviews will be scheduled at 12 month intervals, except as
				otherwise provided for by this Rule.
5.3.c An inmate who is serving a sentence of
				"Life with Mercy" and is not granted parole following the interview, shall be
				scheduled for an additional interview no more than 36 months following the
				month of initial eligibility. Subsequent interviews may be scheduled at up to
				36 month intervals, except as otherwise provided for by this
				Rule.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-6 - Factors in Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Parole
				Board makes its decisions based upon a structured, informed and evidence based
				process using formal parole guidelines. In the consideration of release of an
				inmate on parole, the Panel will consider positive and negative factors in all
				the aforesaid areas and not confine its inquiry to particular areas to the
				exclusion of others. In considering whether parole should or should not be
				granted to any inmate, the Panel shall consider the following factors:
6.1.a. Evidence based factors such as offense
				severity, risk assessment, program participation/completion and misconduct
				history. The Parole Guidelines scoring will inform the Panel in the exercise of
				its discretion;
6.1.b. Whether the
				inmate has satisfactorily participated in institutional education, work,
				therapeutic or treatment programs, and has complied with the recommendations of
				the IRPP;
6.1.c. Whether the inmate
				has previously been on home confinement, parole, probation, community
				corrections, or other supervision, and if so, how the inmate behaved thereon
				and the circumstances of any violations;
6.1.d. The sentiment expressed by members of
				the community, victims of the crime(s) committed by the inmate, and criminal
				justice officials, if any such sentiment be available;
6.1.e. The facts and circumstances of the
				crime;
6.1.f. The demeanor of the
				inmate during the interview and the attitudes expressed with regard to prior
				criminal behavior, to social morals and law;
6.1.g. The inmate's prior criminal record, if
				any;
6.1.h. The results of any
				available physical, mental or psychological/psychiatric examinations.
				Psychological exams must be conducted for sexual offenders. Other inmates'
				crimes may dictate a psychological exam be conducted if directed by the
				Division through their psychological assessment and screening;
6.1.i. Whether the inmate has been convicted
				of a new crime while incarcerated, or has been found guilty of violating any
				Class I or Class II institutional disciplinary rules; and
6.1.j. Any other factor which may tend to
				indicate whether or not the inmate constitutes a reasonable risk to safety or
				property if released on parole.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-7 - Waiver of Interview

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The inmate
				may waive a parole interview for up to one year, either by writing a letter
				setting forth the desire to do so, or by executing such waiver form as provided
				by the Board. Such waiver shall be made no later than 30 days before the
				interview date unless special circumstances exist for a shorter period. The
				Board, in its discretion, may grant or deny a postponement.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-8 - Decisions of the Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Panel
				at the conclusion of an interview may decide to:
8.1.a. Grant parole with or without special
				conditions.
8.1.a.1. If the Panel decides to
				grant parole, it shall issue written notification thereof, specifying the grant
				decision and any Special Conditions for supervision of parole, in addition to
				those conditions specified in W. Va. Code §
											62-12-17, which the Board deems
				necessary. The Parole Board's conditions will be strictly enforced and will not
				be voided or invalidated by any entity other than the Parole Board.
8.1.a.2. An inmate granted parole, who is
				subject to a detainer filed by authorities of any state or of the United
				States, shall be released only to the detainer. The inmate shall not be
				released to parole supervision without the express written consent of the
				authorities who filed the detainer.
8.1.a.3. Any person charged with escape from
				the custody of the Commissioner of Corrections shall not be released from
				custody while the prosecution of the alleged offense is pending.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-9 - Release or Discharge from Parole

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The
				Chairperson shall consider all requests by the Division and by parolees for
				release or discharge from further parole supervision, provided that the parolee
				shall have been released on parole for at least one year if sentenced to less
				than life imprisonment or five years if sentenced to life imprisonment and the
				ends of parole have been attained.
9.1.a. If
				the Chairperson denies discharge, they shall issue a written statement as to
				the reasons for denial and set a date to be reviewed again. The date for the
				next review shall not exceed a year.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-10 - Request for Records

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any
				inmate/parolee or his/her representative may make a request for records
				pertaining to consideration of the inmate for release on parole, rescission or
				revocation of parole, or discharge of a parolee from supervision, provided such
				records are subject to public disclosure under the West Virginia Freedom of
				Information Act, W. Va. Code §
									29B-1-1 et seq., and overriding security
				considerations do not dictate otherwise. Examples of documents not to be
				disclosed include but are not limited to the following: official, judicial,
				victim, or community sentiment of any form; documents in which the identity of
				the victim or victim's address is set forth; treatment records of the offender
				and psychological/psychiatric testing and reports. If a document contains
				non-disclosable information which is easily redacted then the document should
				be disclosed with the non-disclosable information redacted. All requests must
				be in writing and directed to the Commissioner of the Division. For photocopies
				the cost shall be twenty-five cents ($0.25) per page, to be paid in
				advance.
10.2. Recordings of
				hearings may be requested by an inmate/parolee or his/her representative.
				Written transcripts of hearings are not undertaken by the Board. If an
				inmate/parolee or his/her representative desires a copy of an electronic
				recording of the inmate/parolee's parole hearing, he or she must tender a
				written request for such recording to the Board and include payment of $20.00
				per hearing. In the event of a lost or missing electronic recordation of the
				hearing, the requestor shall be notified in writing of the cause of its
				absence.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-11 - Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An aggrieved inmate may request
				reconsideration by the Parole Board within 120 days of the date of the
				Decision. Any request for reconsideration made after the 120-day filing period
				will be rejected absent a showing of good cause. In examining the request for
				reconsideration, the Parole Board will only consider those events which have
				occurred after the decision date or new information that was not available to
				the Panel at the time of the Decision. The Parole Board will not re-examine any
				facts or circumstances available to the Board at the time of the
				Decision.
11.2. A Panel, as set
				forth in Section 3.2, may within its discretion, grant or deny a request for
				reconsideration. In addition to simply granting or denying the request, the
				Board may modify the upcoming interview date, conduct further hearings
				concerning the assertions in the request for reconsideration, or request
				updated information from the Division or staff.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-12 - Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Judicial
				Review. Decisions of the Parole Board are full and final and are not subject to
				direct appeal.
12.2. Extraordinary
				Remedies. An aggrieved inmate may institute a state
habeas corpus
				adsubjiciendum
action (W.Va. Code 53-4A-1
et seq.
) in
				the Circuit Court of Kanawha County, the Circuit Court of the County where the
				Institution is located, or the West Virginia Supreme Court of Appeals,
if
the actions or Decision of the Parole Board is alleged to
				violate rights provided by the West Virginia Constitution. An aggrieved inmate
				may institute an action in the proper federal court (28 U.S. Code §2241)
				if the actions or Decision of the Parole Board is alleged to violate a United
				States Constitutional right.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge › Section 92-1-13 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. These rules are considered to be
				severable. In the event these rules are inconsistent with or contrary to any
				applicable statute, the provisions of the statute shall be applied.
13.2. No error in either the admission or the
				exclusion of evidence; no error or defect in any ruling or order; or in any act
				or omission by the Parole Board, Panel, or by any of the parties; shall be
				grounds for granting a new hearing, for vacating, modifying, or for otherwise
				disturbing a decision or order, unless refusal to take such action is
				inconsistent with the fair administration of justice. Any error, defect,
				irregularity, or variance, which does not affect substantial rights, may be
				disregarded.
13.3. These rules,
				including any time frames herein, are intended to serve only as guidelines for
				procedural functions of the Parole Board and its Panels. Nothing herein is
				intended to vest any person with any right, substantive or otherwise, which is
				greater than otherwise existing in law.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules and regulations establish procedures and criteria to be employed by the Parole Board when sanctioning parolees; revoking the parole of those inmates who violate the conditions of parole; requesting reconsideration of decisions of the Parole Board and in discharging the sentence of those who successfully completed the conditions of parole.
1.2. Authority. -- W. Va. Code §
									62-12-13(g).
1.3. Filing Date. -- August 7, 2014.
1.4. Effective Date. -- October 7, 2014.
1.5. Purpose. -- The general purpose of these rules and regulations is to establish procedures and criteria whereby the West Virginia Parole Board shall discharge its duties and exercise the powers described and reserved to the Board by the W. Va. Code §§
									62-12-13; 62-12-14; & 62-12-19.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-3 - Board Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Parole Board Standards.
3.1.a. The Parole Board is committed to discharging its responsibilities using contemporary, evidence based practices and strategies. It is committed to ongoing professional development and incorporating new evidence based practices in decision-making and in its interactions with offenders. Equally, it recognizes and supports ongoing professional development of Parole Board staff.
3.1.b. The Parole Board shall:
3.1.b.1. Be sensitive to the concerns of crime victims and the public by reducing the potential of future victimization;
3.1.b.2. Enhance public safety by making informed parole decisions by using parole guidelines consistent with evidence based practices, and exercise professional judgment to assess offenders' discrete, individual factors, to assess readiness for transition into the community;
3.1.b.3. Recognize that the Parole Board, while comprised of individual decision makers, is structured to vote as a "panel," and each panel shall act in the same manner and under the same authority, as the full Parole Board; therefore, the established principles should support decisional consistency;
3.1.b.4. Support the use of a transparent and clear decisional process, and are committed to ensuring that decision-making is carried out in a fair and consistent process through the use of parole guidelines;
3.1.b.5. Recognize that offender risk of reoffending can be reduced and that continued risk reduction can occur through imposing conditions of parole and the application of intermediate sanctioning that target the offenders criminogenic needs;
3.1.b.6. Value evidence based research, data and related decisional best practices by applying them to the decisions of parole, setting conditions, supporting intermediate sanctions, and making decisions to revoke parole;
3.1.b.7. Ascribe to the importance of treating correctional staff, offenders, victims, and the public with respect and dignity;
3.1.b.8. Understand the importance of the wise utilization of finite prison and community resources, through fiscal responsibility, by applying the principles of effective intervention and use of evidence based parole strategies for identifying and prioritizing for supervision and treatment those offenders who pose the greatest and most serious risk to the community;
3.1.b.9. Respond to parole violators by supporting compliance with parole conditions through the timely application of an evidence based graduated scale of sanctions, including a return to confinement;
3.1.b.10. Recognize that the Parole Board and the Division are two parts of one larger system; therefore, the Parole Board supports the order and safety within the Division; and
3.1.b.11. Defer to the sentencing court regarding the issue of appropriate punishment by recognizing that the sentencing court is the arbiter of just punishment.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-4 - Rescission of Parole

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Grounds for Rescission. The Board may rescind and issue a Notice of Temporary Rescission of any grant of parole, including grant deferred, made pursuant to these rules:
4.1.a. If the inmate commits any infraction of Class I or Class II institutional disciplinary rules after the interview and before the actual release from the institution;
4.1.b. If any information becomes available to the Board which contravenes the evidence the Panel used to reach the parole decision;
4.1.c. If an inmate paroling to a foreign detainer for service of a sentence has the detainer or sentence voided; or
4.1.d. If an inmate granted Contingent Parole fails to meet the conditions for his or her release on parole in the time specified by the Panel; whereupon the Parole Board shall immediately issue a notice of temporary rescission.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-5 - Parole Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Division shall notify the Parole Board when a parolee begins serving a term of confinement for a parole sanction pursuant to W.Va. Code §
									62-12-19. The Parole Board may deny further confinement, or reduce the required period of confinement.
5.2. Upon written request submitted by the parolee within 10 days from arrest, the parolee shall be afforded the right to a hearing within forty-five (45) days from arrest before a Parole Board panel. The sole issue to be decided by the Panel shall be whether further confinement, or a reduced period of confinement, is appropriate. In no event shall the total confinement in response to sanctions exceed one hundred (100) days.
5.3. In any instance where a Parole Board or Panel decision is required under this section, the Division shall provide to the Parole Board information regarding the parolee's performance on supervision, and risk of reoffending, as determined by a validated risk-needs assessment.
5.4. The Panel decision shall consider the parolee's performance, adjustments during supervision, the length of successful supervision, adherence to the conditions of parole, the assessed risk of reoffending, as well as any other applicable information available to the Panel.
5.5. If a parolee is confined for a violation, and ultimately has his or her parole revoked pursuant to section six of this Rule, good time shall be applied retroactively to all time in which the parolee was confined.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-6 - Revocation of Parole

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Board by a Panel may revoke the parole of any parolee who has previously been granted parole and who has not been discharged from supervision. However, parole shall not be revoked unless a Panel of the Board specifically finds that reasonable cause exists that a parolee has violated a condition of parole which has been imposed either by law, the Board or the Division.
6.2. The Panel shall make a finding that the accused parolee has violated a condition only after it has conducted a prompt and summary hearing, which shall be known as a revocation hearing.
6.3. In addition to determining whether or not the accused parolee has violated condition(s) of parole, the Panel will also consider prior violations, the severity of prior violations, graduated sanctioning responses by the Division, the offender's risk of reoffending, the length of successful supervision, offender adjustment and levels of response to supervision.
6.4. A court order finding a parolee guilty of any offense that occurred while he or she was on parole status is reliable evidence to support a revocation based on a new conviction. A mitigation hearing will be held upon the parolee's request.
6.5. When a parolee has violated the conditions of his or her release on parole by confession to, or being convicted of, in any state of the United States, the District of Columbia or the territorial possessions of the United States, the crime of treason, murder, aggravated robbery, first degree sexual assault, second degree sexual assault, sexual offense against a minor, incest or offenses with the same essential elements if known by other terms in other jurisdictions, he or she shall be returned to the custody of the Division of Corrections to serve the remainder of his or her maximum sentence, during which remaining part of his or her sentence he or she is ineligible for further parole.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-7 - Prerequisites to Revocation Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Report of Charge.
7.1.a. A Panel of the Board shall convene a revocation hearing only if it receives from the Division:
7.1.a.1. A written report, which lists the specific conditions the parolee is charged with violating, together with the date of each alleged violation.
7.1.a.2. A written violation report detailing how each alleged violation occurred.
7.1.a.3. The date on which the parolee was served with written notice of the charges.
7.1.a.4. The date, if any, on which the parolee was placed in jail pursuant to the charge.
7.1.a.5. The date, if any, the parolee was released from jail on bond.
7.1.a.6. A written summary of the accused parolee's history of violations, risk assessment, graduated sanction attempts, length of successful supervision, the parolee's adjustment and the appropriate level of response.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-8 - Representation by Counsel

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. At the final revocation hearing the accused parolee may be represented by counsel.
8.2. If the accused parolee is indigent, he or she has the right to apply to have an attorney appointed to them by the Circuit Court, as provided for W. Va. Code §
									62-12-22.
8.3. A continuance may be granted to allow the accused parolee to obtain counsel if he or she does not have counsel and desires the services of counsel.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-9 - Procedure at Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Panel Decision. All revocation hearings shall be heard by a Panel, as set forth in Section 3.2. At least two Members of the Panel shall be present in order for the Panel to hear and rule upon any manner. No accused parolee may have his or her parole revoked without the vote of at least two Members. In the event that a hearing is conducted by two Members and the two Members are unable to agree upon a ruling, the electronic recording and record of the proceedings shall be reviewed by the third Member of the Panel. At a later time, the third Member shall cast the deciding vote after a review of the electronic recording and records. The Panel may also entertain dispositive motions based upon the documentation and/or evidence presented. If the Panel sustains a motion to dismiss, the proceeding shall be at an end, and the Panel shall issue an order reflecting the motion and the ruling.
9.2. Parties at Hearing. The accused parolee and his counsel shall be present at all stages of the hearing. Either the parole officer who charged the parolee, or another representative designated by the Division, shall be present to submit evidence and proof of the charge(s).
9.3. Attendance of Witnesses. Both the parole officer and the accused parolee shall be permitted to have witnesses. Witnesses may be excluded from the hearing except for giving testimony in compliance with Section 9.8 of these Rules. Any civilian or public attendees to any form of Parole Board hearing shall only be permitted to bring with them a photo identification.
9.4. Continuances.
9.4.a. Continuances may be granted by the Panel or the Board for good cause. The hearing may be continued past the 30th day, excluding weekends and holidays, upon which either the preliminary hearing is held in this State, the parolee is returned to the custody of the Division of Corrections within this State, or a written waiver of the preliminary hearing is executed.
9.4.b. A motion for a continuance shall be made in writing at least two (2) working days prior to the hearing date to prevent inconvenience to victims or others and unnecessary use of resources expended for travel and attendance by Members and others. At no time, except in extreme emergency, will a continuance be granted that is made less than 24 hours before any hearing.
9.4.c. The Board may refuse to grant a continuance if it determines there is not good cause to grant the motion.
9.4.d. Good cause shall include, but not be limited to: the accused parolee's attorney's conflict with a scheduled court appearance; the inability of a desired witness to appear at the originally schedule hearing; illness; inadequate time to prepare a defense; or similar reasons applicable to Board Members or staff.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-11 - Waiver of Revocation Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The parolee may waive the final revocation hearing. He or she may also waive the five-day notice of the hearing. A waiver of the final revocation hearing shall be construed as a plea of guilty to the charge(s) and may result in revocation of parole.
11.2. The procedure for waiver of the final revocation hearing is as follows:
11.2.a. If the parolee desires to waive the final hearing, and is not represented by legal counsel, he shall inform the parole officer of his desire to waive; this must be done in writing via an executed waiver of the final hearing on the charge of parole violation.
11.2.b. If the parolee waives the final hearing, the parolee shall sign a waiver form. The parolee's signature on the waiver must be witnessed by two individuals, one of whom may be the parole officer.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-12 - Decision by the Panel

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Panel may decide the case by:
12.1.a. Finding the accused parolee not guilty of the charges and reinstating the parole; or
12.1.b. Finding the parolee guilty of one or more charges and reinstating the parole with or without additional special conditions; or
12.1.c. Finding the parolee guilty of one or more charges and revoking the parole.
12.1.d. At any time prior to a ruling on a revocation proceeding, the Panel may decide to hold the proceedings in abeyance and release the parolee back to parole supervision for a specified period of time. If in the specified period of time, the parolee abides by his or her terms and conditions of parole, including any additional terms in which the Panel may impose when holding the revocation proceeding abeyance, the revocation proceedings will be dismissed and the parolee shall be allowed to remain on parole. If the parolee should violate further conditions of parole during the abeyance period, the revocation proceeding shall be reconvened and further violation proceedings may be instituted.
12.1.e. Finding the parolee not guilty of the charges or guilty of one or more of the charges and discharge them from supervision;
Provided
, that all other requirements have been met for the parolee to be eligible for discharge.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-13 - Order of Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. If the Panel decides to revoke the parole, it will issue a formal Order of Revocation advising of the Decision. Copies of this Order shall be forwarded to the Division of Corrections, the Records Clerk at the parent institution, the administrator of the facility holding the parolee, the parolee's attorney, and the parole officer. It shall be the responsibility of the Division to supply the parolee with a copy of the Order of Revocation of Parole.
13.2. The formal Order of Revocation issued by the Panel shall state:
13.2.a. The parolee's name and DOC number.
13.2.b. The effective sentence date(s), offense(s), county or counties of conviction and sentence(s) for which the parolee was incarcerated at the time he or she was granted parole.
13.2.c. The date the parolee was granted parole.
13.2.d. The charges of parole violation and the evidence relied on for each of the charges where a finding of guilt was made.
13.2.e. Aggravating and mitigating circumstances, if any, considered in the decision.
13.2.f. The new parole eligibility date.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-14 - Request for Records

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Any inmate or interested party may make a request for records of the Parole Board pertaining to consideration of an offender for release on parole; rescission or revocation of parole or discharge of a parolee from supervision provided such records are subject to disclosure under the West Virginia Freedom of Information Act, W. Va. Code §
									29B-1-1 et seq. Examples of documents not to be disclosed include but are not limited to the following: official, judicial, or community sentiment of any form; documents in which the identity of the victim or victim's address is set forth; and treatment records of the offender and psychological reports. If a document contains non-disclosable information which is easily redacted then the document should be disclosed with the non-disclosable information redacted. All requests must be in writing and directed to the Chairperson of the West Virginia Parole Board.
14.2. Recordings of hearings may be requested. Written transcripts of hearings are not undertaken by the Board. If any person desires a copy of an electronic recording of any hearing, he or she must also tender a written request for such recording to the Chairperson of the Board. . In the event of a lost or missing electronic recordation of the hearing, the requestor shall be notified in writing of the cause of its absence.
14.3. Persons desiring to review public records of the Board may do so without charge at the Board's Office during normal business hours, provided that advance arrangements are made. Persons appearing without making such arrangements shall be given an appointment to review such records at a future date and time.
14.4. Inmates making a request for such records shall first be given the option of undertaking a personal inspection or if their incarceration will not permit their personal inspection by inspecting through a representative.
14.5. If a personal or representative inspection is not desired, copies may be provided, provided that the person making the request tenders all costs associated with the production of the records in advance. Costs for the production of the records shall be as follows:
14.5.a. For recordings of hearings twenty dollars ($20.00) per disc plus postage.
14.5.b. For photocopies the cost shall be twenty-five cents ($0.25) each plus postage with a minimum fee of twenty dollars ($20.00).
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-15 - Reconsideration

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. An aggrieved inmate may request reconsideration by the Parole Board within 120 days of the date of the Decision. Any request for reconsideration made after the 120 days filing period will be rejected absent a showing of good cause. In examining the request for reconsideration, the Parole Board will only consider those events which have occurred after the Decision date or new information that was not available to the Panel at the time of the Decision. The Parole Board will not re-examine any facts or circumstances available to the Board at the time of the Decision.
15.2. The Parole Board, may within its discretion, grant or deny a request for reconsideration. In addition to simply granting or denying the request, the Board may modify the upcoming interview date, conduct further hearings concerning the assertions in the request for reconsideration, or request updated information from the Division or staff. The Parole Board shall determine the motion within a reasonable time. Changing a sentence by the granting of parole shall constitute a permissible action under this Rule.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-16 - Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Judicial Review. -- Decisions of the Parole Board are full and final and are not subject to direct appeal.
16.2. Extraordinary Remedies. -- An aggrieved inmate may institute a state
habeas corpus
ad subjiciendum
action (W.Va. Code 53-4A-1
et seq.
) in the Circuit Court of Kanawha County, the Circuit Court of the County where the Institution is located, or the West Virginia Supreme Court of Appeals,
if
the actions or Decision of the Parole Board is alleged to violate rights provided by the West Virginia Constitution. An aggrieved inmate may institute an action in the proper federal court (28 U.S. Code § 2241) if the actions or Decision of the Parole Board is alleged to violate a United States Constitutional right.
West Virginia Code of State Rules › Agency 92 - Parole Board › Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD › Series 92-02 - Sanction, Recission and Revocation › Section 92-2-17 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. These rules are considered to be severable. In the event these rules are inconsistent with or contrary to any statute, the provisions of the statute shall be applied.
17.1.a. No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the Panel or by any of the parties shall be grounds for granting a new hearing or for vacating, modifying or otherwise disturbing a decision or order, unless refusal to take such action is inconsistent with substantial justice. Any error, defect or irregularity, or variance, which does not affect substantial rights, may be disregarded.
17.1.b. These rules, including any time frames herein, are intended to serve only as guidelines for procedural functions of the Board and its Panels. Nothing herein is intended to vest any person with any right, substantive or otherwise which is greater than otherwise exists in law.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These procedural rules shall
				govern the initiation and conduct of litigation in contested Workers'
				Compensation claims before the Workers' Compensation Office of
				Judges.
1.2. Authority. -- W. Va.
				Code §
									23-5-8(e).
1.3. Filing
				Date. -- May 30, 2008.
1.4.
				Effective Date. -- July 1, 2008.
1.5. These rules supersede those promulgated
				with an effective date of September 1, 2005.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-2 - Index

Current through Register Vol. XLI, No. 28, July 12, 2024
93-1-1 General
93-1-2 Index
93-1-3 Definitions
93-1-4 Purpose
93-1-5 Representation of Parties
93-1-6 Litigation Process
93-1-7 Evidence; Exchange and Filing
93-1-8 Administrative Hearings Procedures, Generally
93-1-9 Expedited Adjudication Process
93-1-10 Failure to Prosecute Protest
93-1-11 Occupational Pneumoconiosis
93-1-12 Motions, Objections and Communications
93-1-13 Depositions
93-1-14 Dismissals of Claims and Protests
93-1-15 Adding or Dismissing Chargeable Employers and Carriers
93-1-16 Decisions; Other Resolutions; and Motions to Reconsider
93-1-17 Mediation
93-1-18 Failure of Administrator to Timely Rule on Application, Petition, or Motion
93-1-19 Unreasonable Denials and Attorney Fees
93-1-20 Disputes Between Claim Administrators: Reopening Versus New Injury Issues
93-1-21 Severability
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-4 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
The purpose of the litigation process before the Office of Judges is to receive and consider, as expeditiously and as fairly as possible, evidence and information relevant to the determination of the rights of the parties and to provide a review of claims management rulings made by the claim administrator with regard to the grant or denial of any award, or the entry of any order, or the grant or denial of any modification or change with respect to former findings, orders or awards made pursuant to the West Virginia Workers' Compensation Law, W. Va. Code §
									23-1-1 et seq., as amended.
West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-5 - Representation of Parties

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Individuals
Any claimant or employer who is a natural person, may appear
				  at and represent himself or herself in any matter before the Office of Judges.
				  At a hearing, the Administrative Law Judge or Hearing Examiner shall explain to
				  any party appearing without counsel the right to employ counsel, and shall
				  inquire as to the desire of such persons to obtain counsel. In appropriate
				  cases the hearing may be continued to permit a party to obtain counsel;
				  however, absent a showing of good cause, a hearing shall be continued only one
				  time for a party to obtain counsel.
5.2. Corporations; Offices of the Insurance
				Commissioner
A corporate employer, or any other employer who is not a
				  natural person
,
and the Offices of the Insurance Commissioner,
				  must be represented by an attorney duly licensed or authorized to practice law
				  in the State of West Virginia. However, an employee of a corporation may
				  testify at a hearing without the presence of counsel.
5.3. Counsel
Only an attorney duly
				  licensed or authorized to practice law in the State of West Virginia may
				  represent a claimant or employer in a matter before the Office of
				  Judges.
5.4. Lay
				Representative
A party may not be represented in a matter before the
				  Office of Judges by a spokesperson, lay representative or anyone else not
				  admitted to practice law in the State of West Virginia.