HB 5322 prohibits sexual abuse of animals, defined as touching an animal's mouth, anus, or sex organs for sexual gratification, and bans related activities like selling animals for this purpose or allowing it on one's property. It imposes penalties ranging from up to 12 months in jail or a $2,000 fine for basic violations to up to 10 years in prison and a $10,000 fine for aggravated cases involving children or animal harm. Convicted individuals must surrender all animals, cover their care costs, and face a 5-year ban on owning animals for misdemeanors or a 15-year ban for felonies. Additionally, courts must require a psychiatric evaluation (paid by the defendant unless indigent) before granting probation for these offenses.
West Virginia's SB 863 increases the maximum monthly fee parolees must pay for supervision from $40 to $50, based on their ability to pay. The bill requires the Division of Corrections and Rehabilitation to assess factors like income, assets, debts, and essential expenses when determining individual fees. This change directly affects parolees in West Virginia by raising the upper limit for supervision fees while maintaining the requirement that fees remain affordable based on each person's financial situation.
HB 5117 would restore voting rights for West Virginia residents who have completed their prison sentence for a felony. Currently, individuals convicted of felonies are barred from voting until they finish all aspects of their sentence, including probation or parole. This bill removes that barrier by making them eligible to register as soon as they are released from prison, without waiting for probation or parole to end. It also requires the state's Division of Corrections to notify people of their voting rights upon release and the Division of Probation to do the same upon discharge.
HB 5267 requires West Virginia correctional facilities to assist both juvenile and adult offenders in obtaining three essential identity documents - Social Security number/card, birth certificate, and driver's license - before their release. This applies to all inmates except those convicted of unlawful vehicle operation offenses. The bill amends §15A-3-4 of the state code to mandate this assistance as part of the commissioner’s duties, ensuring these documents are provided prior to release. The policy directly affects individuals transitioning from incarceration back into communities by addressing a common barrier to employment and housing. It focuses on concrete administrative changes within correctional facilities, without specifying outcomes or broader program impacts.
HB 5413 creates a Central Abuse Registry managed by the West Virginia State Police to track individuals convicted of abuse, neglect, or misappropriation of property involving children, incapacitated adults, or adults receiving behavioral health services in specific settings like residential care facilities, day care centers, or home care. It requires registrants to provide personal details (name, DOB, SSN) and pay an annual $125 fee to the circuit clerk, with fees funding mental health services for State Police employees. The registry combines existing requirements, so those already registering as sex offenders only pay one $125 fee instead of separate fees. Failure to pay the fee does not violate supervised release, but unpaid fees may result in a recorded judgment lien.
HB 5104 requires parolees or probationers identified through a standardized risk assessment as having a history of substance abuse to participate in approved support services for a minimum of 60 days. This applies specifically to individuals under supervision whose assessment (mandated under §62-12-6) confirms substance abuse history. The bill adds this as a mandatory condition of release under §62-12-17(a)(4), with participation schedules approved by probation or parole officers. It directly affects individuals on parole or probation in West Virginia whose substance abuse history is documented via the court-mandated assessment process.
SB 1016, the "Second Look Sentencing Act," allows West Virginia judges to reconsider prison sentences of 10+ years for individuals who committed offenses before age 25 and have served at least 10 years. The bill requires courts to evaluate factors like rehabilitation efforts, maturity, victim input, and the defendant's age at the time of the crime before reducing a sentence. If approved, sentences may be reduced to time served or modified with up to five years of supervised release, while ensuring defendants have a right to a hearing with appointed counsel. The law specifically targets young offenders whose circumstances may have changed significantly after a decade in prison, aiming to balance public safety with opportunities for reintegration.
HB 5156, the Second Look Sentencing Act, allows West Virginia judges to reconsider prison sentences exceeding 10 years for individuals who have served at least a decade. To qualify, a person must demonstrate they are not a danger, pose no credible risk of reoffending, show readiness for reentry, and meet the interests of justice. The court must consider factors like rehabilitation progress, age at offense and petition, victim input, and completion of correctional programs before modifying the sentence, with a presumption of release for applicants aged 50 or older. Any sentence modification requires up to five years of supervised release post-release, and denied applicants may reapply under specific time limits.
Senate Bill 601 authorizes medical parole for West Virginia inmates with terminal illnesses, medical incapacity, or geriatric conditions (defined as age 55+ with chronic health issues requiring daily assistance). It creates a formal process where inmates or their representatives can submit a petition including a detailed medical parole plan outlining diagnosis, treatment, care location, and financial coverage. Correctional superintendents must review petitions within 72 hours of a terminal illness diagnosis and develop a plan if missing, with the commissioner making the final decision. This policy directly affects eligible incarcerated individuals meeting the defined medical criteria, offering a structured pathway for release based on health needs rather than traditional parole.
HB 4543 requires individuals convicted of stalking or harassing minors to live at least 5,000 feet away from schools or daycares. This applies specifically to those with prior convictions under West Virginia's stalking and harassment laws (§61-2-9a), including those violating protective orders involving minors. The bill amends existing criminal penalties by adding this residency restriction as a condition of probation or post-release supervision. It directly affects individuals convicted of these offenses, imposing a geographic limitation on their housing options near educational facilities.
