West Virginia 2022 Regular Session

West Virginia Senate Bill SB449

Introduced
1/20/22  
Refer
1/20/22  
Engrossed
1/28/22  
Refer
1/31/22  
Refer
1/31/22  
Enrolled
2/7/22  
Passed
2/16/22  

Caption

Relating to Nonviolent Offense Parole Program

Impact

The passage of SB449 is anticipated to have significant implications for the state’s approach to parole and criminal justice reform. It narrows the pool of inmates who may qualify for the Nonviolent Offense Parole Program, which may result in a slower overall rate of parole releases for inmates with more serious offenses on their records. Supporters argue that limiting access to this program enhances public safety by ensuring that only nonviolent offenders can take advantage of expedited parole processes. However, critics may voice concern that it could overlook the potential for rehabilitation among some offenders who have committed less serious crimes but still have a history of violence.

Summary

SB449 amends the Code of West Virginia to clarify the eligibility criteria for the Nonviolent Offense Parole Program. This legislation specifies that inmates convicted of violent crimes, certain felony drug offenses, and other disqualifying felonies are not eligible to participate in this program. By excluding offenders who are serving sentences associated with violence against persons or animals, as well as specific felony offenses, the bill aims to ensure that the parole program is reserved for those deemed less likely to pose a risk to public safety upon release. The law will be effective immediately upon passage, allowing offenders meeting the new criteria to access parole more efficiently.

Sentiment

The sentiment surrounding SB449 appears generally supportive among those who prioritize public safety and believe that violent offenders should face stricter consequences. Proponents of the bill argue that it will help maintain community safety while still allowing for the rehabilitation of nonviolent offenders. Conversely, some advocacy groups may express apprehension about the implications of the bill on incarceration rates and the overall philosophy of rehabilitation in the state's penal system. The debate likely touches on broader themes of justice reform and the balance between punishment and rehabilitation.

Contention

Notable points of contention include the potential exclusion of offenders who committed nonviolent offenses but still have a history of violence. Critics might argue that the inability to consider individual circumstances is unjust and could lead to a lack of pathways for reform for certain inmates. Furthermore, the bill may provoke discussions about the efficacy of rehabilitation programs as it emphasizes an exclusionary approach rather than one that embraces rehabilitation for more offenders. The legislative context indicates a focus on strict measures against crime while still engaging with emerging discussions on criminal justice reform in West Virginia.

Companion Bills

WV HB4506

Similar To To clarify that the nonviolent offense parole program is not available to offenders who are serving a sentence that runs concurrently or consecutively with an excludable offense and to further clarify that the program is not available to an offender who has been released under the program on a previous occasion.

Similar Bills

WV HB4506

To clarify that the nonviolent offense parole program is not available to offenders who are serving a sentence that runs concurrently or consecutively with an excludable offense and to further clarify that the program is not available to an offender who has been released under the program on a previous occasion.

WV SB35

Adding grievance and appellate procedures for individuals participating in DMV Safety and Treatment Program

WV SB178

Adding grievance and appellate procedures for individuals participating in DMV safety and treatment program

WV SB98

Adding grievance and appellate procedures for individuals participating in DMV safety and treatment program

WV SB267

Adding grievance and appellate procedures for individuals participating in DMV safety and treatment program

NJ A831

Provides for reciprocity of certain out-of-State EMT certification; establishes criminal history record background check process.

NJ S461

Provides for reciprocity of certain out-of-State EMT certification; establishes criminal history record background check process.

WV SB136

Increasing penalties and parole eligibility requirements for homicide