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 92-1-4 - Eligibility for Parole Consideration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Eligibility
				Based on Incarceration Period.
4.1.a. Any
				inmate, in order to be eligible for consideration for ordinary parole, must
				meet the following prerequisites:
4.1.a.1. If
				the inmate is serving an indeterminate sentence, he or she must have served the
				minimum term of the sentence.
4.1.a.2. If the inmate is serving a
				determinate sentence, he or she must have served one-fourth of the
				sentence.
4.1.a.3. If the inmate is
				serving a sentence designated in the committing court's sentencing/commitment
				order as "Life with Mercy," and the crime is not First Degree Murder, he or she
				must have served 10 years of the sentence.
4.1.a.4. If the inmate is serving a sentence
				designated in the committing court's sentencing/commitment order as "Life with
				Mercy" for First Degree Murder, and the crime occurred prior to June 10, 1994,
				he or she must have served 10 years of the sentence. If the crime occurred on
				or after June 10, 1994, he or she must have served 15 years.
4.1.a.5. If the inmate is serving a sentence
				designated in the committing court's sentencing/commitment order as "Life with
				Mercy", and he or she has been convicted of felony crimes twice before, he or
				she must serve 15 years of the life sentence.
4.1.a.5.A. This provision shall apply
				regardless of the crime for which the life sentence was imposed, unless the
				crime is first degree murder or second degree murder or a violation of W. Va.
				Code §
												61-8B-3, and it is determined, as provided in W. Va. Code
				§
												61-11-19 that such person had been before convicted in this state of
				first degree murder, second degree murder, or a violation of W. Va. Code
				§
												61-8B-3, or has been so convicted under any law of the United States or
				any other state for an offense which has the same elements as any offenses
				described in this subsection, in which case the inmate is not eligible for
				parole.
4.1.a.6. If the
				inmate is serving a sentence for a drug offense and the committing court's
				order designated that the crime occurred within 1000 feet of a school or school
				property, he or she must have served three years if the drug was a narcotic
				controlled substance and two years if it was non-narcotic. (W. Va. Code
				§
											60A-4-406).
4.1.a.7.
				Notwithstanding any other provisions herein, if an inmate is sentenced under a
				court order showing that he or she committed or attempted to commit a felony
				with the use, presentment or brandishing of a firearm, the inmate shall be
				eligible for parole consideration in accordance with the following:
4.1.a.7.A. If the inmate so committed or
				attempted to commit the crime of robbery as defined in W. Va. Code
				§
												61-2-12, he or she shall be eligible for parole either when he or she has
				served five years of the sentence or when he or she has served one-third of his
				or her determinate sentence, whichever is greater.
4.1.a.7.B. If the inmate so committed or
				attempted to commit any other act, and was convicted of a felony under any
				section of the Code, other than W. Va. Code §
												61-2-12, then he or she shall
				be eligible for parole after he or she has served a minimum of three years of
				the sentence or the maximum of the sentence, whichever is less.
4.1.a.7.C. The provisions of this subsection
				will apply only to those inmates who were convicted of their felonies after
				August 1, 1981. Inmates convicted of their offenses before that date shall have
				their eligibility determined by subsections (1), (2), (3) and (4). Resolution
				of any dispute over the applicability of this subsection shall be made by
				reference to W. Va. Code §
												62-12-13(a)(1)(B).
4.1.a.8. If an inmate is serving two or more
				sentences concurrently, he or she shall be eligible for parole consideration
				after he or she has served the longest of the minimum terms. If one of the
				sentences is a determinate sentence, then he or she shall serve one-fourth, (5
				years or one-third of a definite sentence if the firearm statute is
				applicable), of that sentence in order to be eligible for parole consideration,
				providing that such is longer than the minimum sentence for any concurrent
				indeterminate sentence.
4.1.a.9. If
				an inmate is serving consecutive sentences, the time of parole eligibility
				shall be computed by adding together the minimum terms of the sentences. If one
				of the sentences is a determinate sentence, then parole eligibility shall be
				computed by adding a number equal to one-fourth of the determinate term, (or
				one-third if the firearm statute is applicable), to the minimum term of the
				other sentences.
4.1.a.9.A. If the inmate is
				serving two determinate sentences consecutively, then parole eligibility shall
				be computed by adding a number equal to one-fourth, (or one-third if the
				firearm enhancement is applied), of one determinate term to a number equal to
				one-fourth, (or one-third if the firearm enhancement is applied), of the second
				term.
4.1.a.10. When a
				parolee has violated the conditions of the release on parole by confessing to,
				or being convicted of treason, first or second degree murder, armed/aggravated
				robbery, rape, first or second degree sexual assault, any sexual offense
				against a minor, incest, or an offense with the same essential elements if
				known by other terms in other jurisdictions, he or she shall be returned to an
				Institution of this State to serve the remainder of the maximum sentence,
				during which remaining part of the sentence he or she shall be ineligible for
				further parole.