SB 562 — Allowing courts discretion to impose period of supervised release of defendant

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 562 By Senators Trump and Romano [Introduced[Originating Februaryin 15,the 2018;Committee on the Judiciary;

Referredreported toon theFebruary Committee21, on2018] the  Judiciary]  A BILL to amend and reenact §62-12-26 of the Code of West Virginia, 1931, as amended, relating to givingcertain felonies for which a court discretionmay to impose a period of supervised release onof aup defendantto when50 theyears; defendant is convicted of certain felonies;

and makingproviding thefor changesupervised retroactivepersons on release to Junebe 6,supervised 2003.by the probation office of the sentencing court or the circuit in which he or she resides.

(a) Notwithstanding any other provision of this code to the contrary, any defendant convicted after the effective date of this section of a violation of §61-8-12 of this code or a felony violation of the provisions of §61-8B-1 et seq., §61-8C-1 et seq., or eight-d §61-8D-5 or §61-8D-6 of this code,code shall, as part of the sentence imposed at final disposition, be required to serve, in addition to any other penalty or condition imposed by the court, a period of supervised release of up to 50 years:

Provided, That the court,court inmay, its discretion may as part of the sentence imposed at final dispositiondisposition, require a defendant convicted of a felony violation of the provisions of §61-8D-2, §61-8D-2a, §61-8D-3, §61-8D-3a, §61-8D-4, or §61-8D-4a of this code to serve, in addition to any other penalty or condition imposed by the court, a period of supervised release of up to 50 years:

And provided further, That pursuant to the provisions of subsection§62-12-26(g) (g) of this section,code, a court may modify, terminateterminate, or revoke any term of supervised release imposed pursuant to subsection§62-12-26(a) (a) of this section.code.

(b) Any person required to be on supervised release between the minimum term of 10 years and life pursuant to the provisos of subsection§62-12-26(a) (a) of this sectioncode also shall be further prohibited from:

Provided, however, That as used herein "loitering"“loitering” means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose:

Provided further, That nothing in this subdivision shall be construed to does not prohibit or limit a person'sperson’s presence within 1,000 feet of a location or facility referenced in this subdivision if the person is present for the purposes of supervision, counselingcounseling, or other activity in which the person is directed to participate as a condition of supervision or where the person has the express permission of his supervising officer to be present;

and (3) Establishing a residence or any other living accommodation in a household in which a child under 16 resides if the person has been convicted of a sexually violent offense against a child, unless the person is one of the following:

(i) The child'schild’s parent;

(ii) The child'schild’s grandparent;

or (iii) The child'schild’s stepparent and the person was the stepparent of the child prior to being convicted of a sexually violent offense, the person'sperson’s parental rights to any children in the home have not been terminated, the child is not a victim of a sexually violent offense perpetrated by the person, and the court determines that the person is not likely to cause harm to the child or children with whom such the person will reside:

(c) The period of supervised release imposed by the provisions of this section shall begin upon the expiration of any period of probation, the expiration of any sentence of incarcerationincarceration, or the expiration of any period of parole supervision imposed or required of the person so convicted, whichever expires later.

(f) The sentencing court may, based upon defendant'sdefendant’s ability to pay, impose a supervision fee to offset the cost of supervision.

Said The fee may be modified periodically based upon the defendant'sdefendant’s ability to pay.

--– The court may:

--– The court shall direct that the probation officer provide the defendant with a written statement at the defendant'sdefendant’s sentencing hearing that sets forth all the conditions to which the term of supervised release is subject and that it is sufficiently clear and specific to serve as a guide for the defendant'sdefendant’s conduct and for such the supervision as is required.

--– When a term of supervised release is revoked and the defendant is required to serve a term of imprisonment that is less than the maximum term of supervised release authorized under subsection§62-12-26(a) (a) of this section,code, the court may include a requirement that the defendant be placed on a term of supervised release after imprisonment.

--– The power of the court to revoke a term of supervised release for violation of a condition of supervised release and to order the defendant to serve a term of imprisonment and, subject to the limitations in subsection§62-12-26(i) (i) of this section,code, a further term of supervised release extends beyond the expiration of the term of supervised release for any period necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a the violation.

(k) Notwithstanding any provision of this code to the contrary, the amendments made to this section during the 2018 regular session of the Legislature are effective upon passage and are retroactive to June 6, 2003.

  NOTE:

The purpose of this bill is to give courts discretion to impose period of supervised release on a defendant when the defendant is convicted of certain felonies.

It makes the change retroactive to June 6, 2003.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.