Criminal Justice (Probation & Parole)

HB 4758 modifies parole eligibility for individuals convicted of first-degree murder or attempted first-degree murder in West Virginia. It increases the minimum prison term for attempted first-degree murder from 3 to 10 years and requires inmates convicted of these offenses to serve a longer portion of their sentence before becoming parole-eligible. Specifically, these individuals must serve at least three years or the maximum sentence imposed (whichever is less) before parole consideration, rather than the previous standard terms. The bill directly affects inmates serving sentences for murder or attempted murder of the first degree.

Senate Bill 140 would increase penalties for voluntary manslaughter in West Virginia by raising the minimum prison sentence from 3 years to 5 years and the maximum from 15 years to 25 years. It also changes parole eligibility requirements, requiring convicted individuals to serve at least 5 years before becoming eligible for parole (previously 3 years). This bill directly affects people convicted of voluntary manslaughter under West Virginia law, altering their sentencing range and parole timelines. The change applies to all future convictions under this statute.

HB 4997 prohibits individuals convicted of terroristic threats involving schools or children (under §61-6-24(b)) from residing within 1,000 feet of any educational facility, including public/private schools, preschools, or daycares where children are regularly present. This residency restriction applies automatically during probation or parole, or as a sentencing condition if no supervision is ordered. Violations are classified as felonies punishable by 1-5 years in prison, up to $10,000 in fines, or both, and may lead to revocation of probation. The bill uses GIS or property records to measure proximity and aligns with existing sex offender residency rules under §62-12-26.

SB 55 creates a new felony offense for knowingly, willfully, and forcibly obstructing or hindering a home incarceration supervisor or social services worker while they are lawfully performing their duties, if the obstruction causes the death of that professional. It directly affects individuals who obstruct these workers and the workers themselves, who are protected under this law. The key provision sets a mandatory minimum 20-year prison sentence (with no parole eligibility before 20 years) for this offense, replacing a prior 15-year term. This law expands existing protections for public safety personnel to include home incarceration supervisors and social services workers handling cases like abuse investigations or home-based supervision.

HB 4787, the Anti-Terrorism Act, creates new felony charges for terrorism in West Virginia, directly affecting individuals or groups committing acts defined as terrorism (including violent protests, riots, or attacks on critical infrastructure). Key provisions include mandatory consecutive prison sentences with no probation, restitution payments to victims up to three times their economic harm (such as lost wages or business shutdown costs), and requiring the Attorney General to designate terroristic entities. The bill also explicitly defines fentanyl as a weapon of mass destruction and prohibits "terrorist swatting" (false emergency reports to harass targets). It applies to anyone committing terrorism within West Virginia, regardless of where the act occurred.