HB 3133 — Relating to requiring a parolee or probationer found to have suffered with addiction to participate in a support service

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Red = new code to be enacted WEST virginia legislature regular session CommitteeOriginating Substitute for House Bill 3133 By Rohrbach, Pushkin and Robinson [Originating inon the Committee on Prevention and Treatment of Substance AbuseAbuse; then the Judiciary] A BILL to amend and reenact §62-12-6 and §62-12-9 of the Code of West Virginia, 1931, as amended, relating to requiring a probationer found to have suffered with addiction to participate in a support service upon release for a certain period of time.

Reported on February 14, 2019] A BILL to amend and reenact §62-12-6 and §62-12-17 of the Code of West Virginia, 1931, relating to requiring a parolee or probationer found to have suffered with addiction to participate in a support service upon release for a certain period of time.

 §62-12-17. §62-12-9.

Conditions of release on probation.probation and parole.

(a) Release and supervision on probationparole isof conditionedany person, including the supervision by the Division of Corrections of any person paroled by any other state or by the federal government, shall be upon the following:following conditions:

(1) That the probationerparolee may not, during the termperiod of his or her probation,parole, violate any criminal law of this or any other state or of the United States;

(2) That the probationerparolee may not, during the termperiod of his or her probation,parole, leave the state without the consent of the courtDivision whichof placedCorrections; him or her on probation;

(3) That the probationerparolee complies with the conditionsrules prescribed by the courtDivision of Corrections for his or her supervision by the probationparole officer;

(4) That when a probationer or parolee has been determined, by the standardized risk and needs assessment adopted by the Supreme Court of Appeals of West Virginia under §62-12-6(d) to have a history of substance abuse, he or she shall participate in anthe appropriate support service, for a minimum of 60 days on a schedule approved by the probation officer.  (4) (5) That in every case in which the probationer has been convicted of an offense defined in section twelve, article eight, chapter sixty-one of this code or articleparole eight-bofficer. or eight-d of said chapter, against a child, the probationer may not live in the same residence as any minor child, nor exercise visitation with any minor child and may have no contact with the victim of the offense:

Provided, (4) (5) That thein probationerevery maycase petitionin which the courtparolee offor thea circuitconviction inis whichseeking heparole orfrom shean wasoffense convictedagainst for a modificationchild, defined in §61-8-12-one of this termcode, andor condition§61-8b-1 ofet hisseq., §61-8d-1 et seq.,, or hersimilar probationconvictions andfrom other jurisdictions where the burdenparolee restsis uponreturning theor probationerattempting to demonstratereturn thatto athis modificationstate ispursuant to the provisions of §28-6-1 et seq of this code, the parolee may not live in the bestsame interestresidence as any minor child nor exercise visitation with any minor child nor may he or she have any contact with the victim of the child;offense;

and (5) (6) That the probationerparolee, and all federal or foreign state probationers and parolees whose supervision may have been undertaken by this state, pay a fee, based on his or her ability to pay, not to exceed $20$40 per month,month to defray the costs of supervision:supervision.

Provided,(b) ThatThe theCommissioner court conducts a hearing prior to imposition of probationCorrections andshall makeskeep a determination on the record thatof theall offenderactions istaken ableand toaccount payfor themoneys feereceived. without undue hardship.

All moneys collected as fees from probationers pursuant to this subdivision shall be deposited within the circuit clerk who shall, on a monthlyspecial basis,account remitin the moneysState collectedTreasury to thebe Stateknown Treasureras for deposit in the StateParolee's GeneralSupervision RevenueFee Fund;Fund.

andExpenditures (6)from  (7)the Thatfund shall be for the probationerpurposes isof providing the parole supervision required by the provisions of this code and are not authorized from collections, but are to paybe made only in accordance with appropriation by the feeLegislature describedand in sectionaccordance four,with articlethe eleven-cprovisions of this§12-3-1 chapter:et seq.

Provided, That the court conducts a hearing prior to imposition of probationthis code and makesupon a determination on the recordfulfillment thatof the offenderprovisions isset ableforth toin pay§5A-2-1 theet feeseq withoutof unduethis hardship.code.

(b)Amounts Incollected addition,which theare courtfound, mayfrom impose,time subjectto time, to modificationexceed atthe anyfunds time,needed anyfor otherpurposes conditionsset whichforth itin this article may determinebe advisable,transferred including,to butother notaccounts limitedor to,funds anyand redesignated for other purposes by appropriation of the following:Legislature.

(1)(c) ThatThe theDivision probationerof makeCorrections restitutionshall orconsider reparation,the infollowing wholefactors or in part,determining immediatelywhether ora withinparolee theor periodprobationer ofis probation,financially able to anypay party injured by the crimefee: for which he or she has been convicted:

Provided,(1) ThatCurrent theincome courtprospects conductsfor a hearing prior to imposition of probation and makes a determination on the recordparolee thator theprobationer, offendertaking isinto ableaccount toseasonal payvariations restitutionin withoutincome; undue hardship;

(2) ThatLiquid assets of the parolee or probationer, assets of the parolee or probationer paysthat anymay fineprovide assessedcollateral andto theobtain costsfunds and assets of the proceedingparolee inor installmentsprobationer directedthat bymay be liquidated to provide funds to pay the court:fee;

Provided,(3) ThatFixed thedebts courtand conductsobligations a hearing prior to imposition of probation and makes a determination on the recordparolee thator theprobationer, offenderincluding isfederal, ablestate toand paylocal thetaxes costsand withoutmedical undueexpenses; hardship;

(3)(4) ThatChild thecare, probationertransportation makesand contributionsother fromreasonably hisnecessary orexpenses herof earnings, in sums directed by the court,parolee foror theprobationer supportrelated ofto hisemployment; or her dependents;

and (4)(5) ThatThe thereasonably probationer,foreseeable inconsequences thefor discretion of the court,parolee is required to serve a period of confinement in jail of the county in which he or sheprobationer wasif convicted for a periodwaiver notof, to exceed one third of the minimum sentence established by law or onereduction thirdin, of the leastfee possibleis perioddenied. of confinement in an indeterminate sentence, but in no case may the period of confinement exceed six consecutive months.

The(d) courtIn mayaddition, sentence the defendantDivision within the six-month period to intermittent periods of confinementCorrections including, but not limited to, weekends or holidays and may grantimpose, subject to themodification defendant intermittent periods of release in order that he or she may work at hisany ortime, herany employment or for other reasonsconditions orwhich purposes as the courtdivision mayconsiders determineadvisable. appropriate:

Provided,(e) ThatThe theDivision provisions of articleCorrections eleven-amay oforder thissubstance chapterabuse dotreatment notas applya tocondition intermittentor periodsas a modification of confinementparole, only if the standardized risk and releaseneeds exceptassessment toindicates the extentoffender directedhas bya thehigh court.risk for reoffending and a need for substance abuse treatment.

If(f) aThe periodDivision of confinementCorrections ismay requiredimpose, as aan initial condition of probation,parole, thea courtterm shallof makereporting specialto findingsa thatday report center or other conditionscommunity ofcorrections probationprogram areonly inadequateif the standardized risk and thatneeds assessment indicates a periodmoderate to high risk of confinementreoffending isand necessary.moderate to high criminogenic need.

(c)Any Circuitparolee courtsrequired mayto impose,report asto a conditionday report center or other community corrections program is subject to all the rules and regulations of probation,the participationcenter inor aprogram dayand reportmay center.be removed at the discretion of the center's or program's director.

(1)The ToCommissioner beof eligible,Corrections theshall probationerenter mustinto bea identifiedmaster asagreement moderatewith tothe highDivision risk of reoffendingJustice and moderateCommunity Services to highprovide criminogenicreimbursement need,to ascounties determinedfor by the standardizeduse risk and needs assessment adopted by the Supreme Court of Appealscommunity ofcorrections Westprograms Virginia under subsection (d), section six of this article, and applied by aeligible probationparolees. officer or day report staff.

InAny eligibleplacement cases,by circuitthe courtsDivision mayof imposeCorrections of a termparolee ofin upa day report center or other community corrections program may only be done with the center or program director's consent and the parolee is subject to oneall year:of the rules and regulations of the center or program and may be removed by the director.

Provided, That notwithstanding the results of the standardized risk and needs assessment, a judge may impose, as a term of probation, participation in a day report center program upon making specific written findings of fact as to the reason for departing from the requirements of this subdivision.

(2) The day report center staff shall determine which services a person receives based on the results of the standardized risk and needs assessment and taking into consideration the other conditions of probation set by the court.

(d) For the purposes of this article, "day report center" means a court-operated or court-approved facility where persons ordered to serve a sentence in this type of facility are required to report under the terms and conditions set by the court for purposes which include, but are not limited to, counseling, employment training, alcohol or drug testing or other medical testing.

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