SB 883 West Virginia Senate · 2026 Regular Session

Relating to standard of proof required for final parole or probation revocation hearing

SB 883 clarifies that West Virginia courts must use a "preponderance of the evidence" standard (meaning it is more likely than not true) for final hearings that could revoke probation or parole. It directly affects individuals on probation or parole who face revocation hearings for violating conditions. The bill specifies that for serious violations like absconding, new crimes, or violating protective conditions, courts may revoke probation and impose sentence, while minor violations may result in short confinement (up to 60 or 120 days) for first or second offenses. This change formally codifies the existing standard for these hearings without altering penalties or procedures.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 9, 2026 Last action Feb 9, 2026
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3
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Committee
1
Feb 9, 2026
Introduced
Introduced in Senate
upper
Feb 9, 2026
Committee
To Judiciary
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Robbie Morris
Robbie Morris
RRepublican
WV
11