West Virginia Code of State Rules Agency 92 - Parole Board
West Virginia Code of State Rules
Agency 92 – Parole Board
Overview
The West Virginia Parole Board is the administrative body empowered to make decisions regarding the granting, denial, and revocation of parole for eligible inmates in the state’s correctional system. Agency 92 codifies the rules governing the Board’s procedures, decision-making criteria, and operations.
The Board operates under the authority granted by West Virginia Code § 62-12-1 et seq., which establishes the Parole Board’s powers, duties, and limits.
Purpose and Functions of the Parole Board
Parole Hearings: Conduct hearings to assess whether inmates are suitable for conditional release.
Parole Decisions: Decide on parole grants, denials, or revocations based on statutory guidelines, risk assessments, and rehabilitation progress.
Supervision of Parolees: Oversee conditions of parole and supervise parolees in the community.
Revocation Proceedings: Hold hearings for parole violations and determine appropriate sanctions.
Record-Keeping: Maintain detailed records of decisions, hearings, and parolee compliance.
Key Provisions of Agency 92
1. Eligibility and Application for Parole
Specifies who is eligible for parole consideration based on the offense, sentence, and time served.
Inmates may apply for parole or be referred automatically at certain intervals.
Certain offenses may disqualify individuals from parole.
2. Parole Hearings and Procedures
Procedures for notice, hearing format, and participation (including victims’ rights).
Evidence and testimony guidelines.
Rights of the inmate during the hearing.
Use of risk assessment tools and reports from correctional staff.
3. Criteria for Granting Parole
Considerations include:
Nature and severity of the offense.
Criminal history.
Institutional behavior and rehabilitation efforts.
Risk of recidivism.
Impact on victims and public safety.
Parole may be granted with conditions to ensure community safety.
4. Conditions of Parole
Standard conditions (e.g., reporting requirements, employment).
Special conditions tailored to the individual’s risks and needs.
Violations of conditions can lead to revocation.
5. Revocation Procedures
Process for hearing allegations of parole violations.
Rights to counsel and to present evidence.
Possible outcomes include continued parole, modification of conditions, or return to incarceration.
6. Victims’ Rights
Victims or their representatives have the right to be notified of parole hearings.
May submit impact statements or attend hearings.
The Board must consider victim input in decisions.
Relevant West Virginia Case Law
Case 1: State ex rel. Epling v. West Virginia Parole Board, 227 W. Va. 503, 711 S.E.2d 520 (2011)
Issue: Due process rights in parole revocation hearings.
Holding: The Court ruled that parolees are entitled to minimal due process protections, including notice of allegations and opportunity to be heard.
Relevance: Confirms procedural safeguards under Agency 92 for parole revocation.
Case 2: State ex rel. Collins v. West Virginia Parole Board, 196 W. Va. 125, 468 S.E.2d 620 (1996)
Issue: Board’s discretion in parole decisions.
Holding: The Court held that parole decisions are discretionary and will not be overturned absent arbitrariness or abuse of discretion.
Relevance: Supports the Board’s broad discretion under Agency 92 in parole determinations.
Case 3: State ex rel. Jordan v. West Virginia Parole Board, 221 W. Va. 694, 657 S.E.2d 291 (2007)
Issue: Victim’s rights and participation.
Holding: The Court upheld statutory provisions ensuring victims’ rights to notice and participation in parole hearings.
Relevance: Reinforces victim involvement procedures codified in Agency 92.
Summary of Legal and Administrative Principles
| Principle | Explanation | Case Example |
|---|---|---|
| Due Process in Revocation | Parolees must receive notice and a hearing before revocation. | State ex rel. Epling |
| Discretion in Parole Decisions | Board’s decisions are discretionary and reviewed for abuse only. | State ex rel. Collins |
| Victims’ Participation | Victims have rights to notice and to submit statements. | State ex rel. Jordan |
Practical Impact of Agency 92 Rules
Ensures fair and transparent parole hearings respecting the rights of inmates, victims, and the public.
Balances rehabilitation opportunities with public safety concerns.
Provides clear procedures for revocation of parole based on violations.
Incorporates victim impact in parole decisions, enhancing community trust.
Conclusion
The West Virginia Parole Board under Agency 92 plays a critical role in the criminal justice system by managing parole decisions and supervision. The Board’s rules provide a framework to ensure due process, public safety, and fairness. West Virginia courts consistently recognize the Board’s broad discretion while ensuring minimum procedural protections for parolees and respecting victims’ rights.
RELATED Blog
0 comments