West Virginia 2022 Regular Session Status: To Executive 1 D cosponsors

SB 449 — Relating to Nonviolent Offense Parole Program

Last action — Chapter 85, Acts, Regular Session, 2022

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

29 added · 30 removed

Plain-language change summary

The recent amendments to Bill SB 449 clarify the establishment of a nonviolent offense parole program, allowing eligible inmates to be paroled without needing approval from the Parole Board. Changes include specific eligibility requirements, such as disqualifying factors related to previous serious offenses. This adjustment is significant because it simplifies the parole process for nonviolent offenders, potentially reducing prison populations and allowing for a more efficient use of resources within the correctional system.

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NEWS RELEASES HELPFUL LINKS SB449 SUB1 « Senate Bill 449 History OTHER VERSIONS  —  Enrolled Version - Final Version  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 449 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 449 By Senators Trump and Woelfel [Originating in the Committee on the Judiciary;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 449 By Senators Trump and Woelfel [Passed February 07, 2022;
reported on January 25, 2022]     A BILL to amend and reenact §62-12-13c of the Code of West Virginia, 1931, as amended, relating to clarifying that the Nonviolent Offense Parole Program is not available to offenders who are serving a sentence aggregated either consecutively or concurrently with an offense that is a crime of violence against a person or animal, as well as a felony controlled substance offense, a felony firearm offense, nor a felony where the victim was a minor child;
in effect from passage]     AN ACT to amend and reenact §62-12-13c of the Code of West Virginia, 1931, as amended, relating to clarifying that the Nonviolent Offense Parole Program is not available to offenders who are serving a sentence aggregated either consecutively or concurrently with an offense that is a crime of violence against a person or animal, as well as a felony controlled substance offense, a felony firearm offense, nor a felony where the victim was a minor child;
(a) The commissioner is authorized to  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.
(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.
and  (3) Has not previously been released on parole pursuant to this section from the same sentence;
 (3) Has not previously been released on parole pursuant to this section from the same sentence;
and  (3) (4) Has otherwise satisfied the requirements for parole eligibility set forth in §62-12-13 of this code.
and  (4) Has otherwise satisfied the requirements for parole eligibility set forth in §62-12-13 of this code.
(d) Any person released under the nonviolent offense parole program shall be is subject to all conditions of release and sanctions for violations applicable to persons released on parole by the Parole Board, and all parole revocations of persons granted parole pursuant to this section shall be heard in accordance with the provisions of §62-12-19 of this code.
(d) Any person released under the nonviolent offense parole program is subject to all conditions of release and sanctions for violations applicable to persons released on parole by the Parole Board, and all parole revocations of persons granted parole pursuant to this section shall be heard in accordance with the provisions of §62-12-19 of this code.
An inmate who has been denied parole pursuant to the provisions of §62-12-13 of this code and who thereafter successfully completes his or her rehabilitation treatment program prior to his or her next parole review shall be is eligible for release under the nonviolent offense parole program within a reasonable time after he or she may successfully complete such has successfully completed the program as determined by the commissioner, provided the inmate remains qualified for release under the nonviolent offense parole program.
An inmate who has been denied parole pursuant to the provisions of §62-12-13 of this code and who thereafter successfully completes his or her rehabilitation treatment program prior to his or her next parole review is eligible for release under the nonviolent offense parole program within a reasonable time after he or she has successfully completed the program as determined by the commissioner, provided the inmate remains qualified for release under the nonviolent offense parole program.
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Action History

  1. Chapter 85, Acts, Regular Session, 2022

  2. Approved by Governor 2/16/22 - House Journal

  3. Approved by Governor 2/16/2022

  4. To Governor 2/10/22 - House Journal

  5. To Governor 2/10/2022

  6. House Message received

  7. Completed legislative action

  8. Communicated to Senate

  9. Effective from passage (Roll No. 81)

  10. Passed House (Roll No. 80)

  11. Read 3rd time

  12. On 3rd reading, Special Calendar

  13. Read 2nd time

  14. On 2nd reading, Special Calendar

  15. Read 1st time

  16. On 1st reading, Special Calendar

  17. Do pass

  18. To House Judiciary

  19. To Judiciary

  20. Introduced in House

  21. Ordered to House

  22. Effective from passage (Roll No. 57)

  23. Passed Senate (Roll No. 57)

  24. Read 3rd time

  25. On 3rd reading

  26. Read 2nd time

  27. On 2nd reading

  28. Read 1st time

  29. On 1st reading

  30. Committee substitute reported

  31. To Judiciary

  32. Introduced in Senate

  33. To Judiciary

  34. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

  • Trump

Co-sponsors (1)

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 29 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 20003
Republican 9001
Democrat 0001
Total 29005
% of votes cast 85%0%0%15%
How each member voted (34)
Member Party Vote
SYPOLT — Yea
BROWN — Yea
LINDSAY — Yea
STOLLINGS — Yea
BALDWIN — Yea
MARONEY — Yea
STOVER — Not Voting
BEACH — Not Voting
MARTIN — Yea
SWOPE — Yea
BOLEY — Yea
MAYNARD — Yea
NELSON — Yea
CAPUTO — Yea
PHILLIPS — Yea
PLYMALE — Yea
TRUMP — Yea
GEFFERT — Yea
ROMANO — Yea
JEFFRIES — Yea
SMITH — Not Voting
MR PRESIDENT — Yea
KARNES — Yea
Mike Woelfel Democrat Not Voting
Amy Grady Republican Yea
Bill Hamilton Republican Yea
Charles H. Clements Republican Yea
Eric Tarr Republican Yea
Jack Woodrum Republican Yea
Mike Azinger Republican Yea
Patricia Rucker Republican Not Voting
Rollan A. Roberts Republican Yea
Ryan Weld Republican Yea
Tom Takubo Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 449?
SB 449 is sponsored by Mike Woelfel (Democrat) and Trump.
What is the current status of SB 449?
This bill died with 2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 449?
Track SB 449 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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