West Virginia 2023 Regular Session

West Virginia Senate Bill SB136

Introduced
1/11/23  
Engrossed
1/11/23  
Refer
1/16/23  
Refer
1/16/23  
Enrolled
3/2/23  
Passed
3/11/23  

Caption

Requiring persons convicted of certain offenses to undergo psychological or psychiatric testing and have treatment plan to be eligible for probation

Impact

This legislation significantly impacts state law by clarifying the conditions under which probation can be granted for sex offenders. It reinforces the requirement for psychological evaluations and monitoring, aimed at ensuring that offenders are receiving adequate treatment before they can be considered for probation. The intentions behind these measures are to enhance community safety and rehabilitation for individuals who pose a risk to minors and victims of sexual offenses.

Summary

Senate Bill 136, introduced in West Virginia, aims to amend existing laws regarding the probation eligibility of individuals convicted of certain sex offenses. The bill mandates that offenders undergo psychological or psychiatric testing as well as have a comprehensive treatment plan in place to qualify for probation. It also expands the list of offenses that disqualify an individual from residing with minors or having contact with victims, thereby increasing protective measures for vulnerable populations.

Sentiment

The sentiment surrounding SB 136 appears to be largely supportive, particularly among advocates for victims' rights and community safety, who view the bill as a necessary step to provide more rigorous oversight of sex offenders. However, there may be points of contention with some legal experts and civil rights advocates who express concerns about the implications for individual rights and the effectiveness of mandated treatment within the probation system. The overall tone of the discussion indicates a complex balancing act between public safety and rehabilitative justice.

Contention

A noteworthy point of contention emerging from the discussions around SB 136 involves the balance between societal protection and the rights of offenders to seek rehabilitation. Critics argue that while the requirements for psychological testing and treatment are beneficial, they must be accompanied by appropriate resources and support systems to ensure successful outcomes. Without proper infrastructure, there are fears that the bill could unintentionally disenfranchise individuals seeking rehabilitation, particularly those from disadvantaged backgrounds.

Companion Bills

No companion bills found.

Previously Filed As

WV SB668

Clarifying eligibility for probation and parole conditions for sex offenses

WV HB5538

To modify the parole eligibility for a person serving a sentence for first degree murder

WV HB2359

To modify the parole eligibility for a person serving a sentence for first degree murder

WV SB799

Modifying parole eligibility for person serving sentence of first degree murder

WV HB4791

Eliminating parole eligibility for the crimes of 1st degree murder and child abuse

WV SB136

Increasing penalties and parole eligibility requirements for homicide

WV HB5285

PROBATION-CONVICTION-JUDGMENT

WV AB607

Probation: eligibility: crimes relating to controlled substances.

WV A3674

Establishes special probation drug court eligibility for persons with certain previous criminal convictions.

WV A2863

Establishes special probation drug court eligibility for persons with certain previous criminal convictions.

Similar Bills

WV SB92

Requiring probationers who served 10 or more years to participate in work release program

DE SB4

An Act To Amend Title 11, Title 13, And Title 29 Of The Delaware Code Relating To The Criminal Justice System, Including Probation.

MT SB70

Generally revise laws related to supervision on probation

WV HB2086

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

MT SB552

Generally revise criminal justice laws

WV HB2490

Requiring the West Virginia Department of Corrections and Rehabilitation to provide an inmate with one physical copy of their birth certificate and social security card upon release

WV HB3320

Requiring the West Virginia Department of Corrections and Rehabilitation to provide an inmate with one physical copy of their birth certificate and social security card upon release

WV HB4223

Requiring the West Virginia Department of Corrections and Rehabilitation to provide an inmate with one physical copy of their birth certificate and social security card upon release