Relating to increasing the amount of fees to be paid by parolees for supervision., the official text

WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                   ENROLLED

            Committee Substitute
                         for

           House Bill 5444

                 BY DELEGATES AKERS AND FLANIGAN
  (BY REQUEST OF THE DEPARTMENT OF HOMELAND SECURITY –

          DIVISION OF CORRECTIONS AND REHABILITATION)
         [Passed March 10, 2026; in effect 90 days from

                         passage (June 8, 2026)]
    Enr CS for HB 5444

1 AN ACT to amend and reenact §62-12-17 of the Code of West Virginia, 1931, as amended,

2   relating to conditions of release on probation or parole; increasing monthly parole

3   supervision fees; and making technical corrections.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 12. PROBATION AND PAROLE.

    §62-12-17. Conditions of release on probation and parole.

1   (a) Release and supervision on parole of any person, including the supervision by the

2 Division of Corrections and Rehabilitation of any person paroled by any other state or by the

3 federal government, shall be upon the following conditions:

4   (1) That the parolee may not, during the period of his or her parole, violate any criminal

5 law of this or any other state or of the United States;

6   (2) That the parolee may not, during the period of his or her parole, leave the state without

7 the consent of the Division of Corrections and Rehabilitation;

8   (3) That the parolee complies with the rules prescribed by the Division of Corrections and

9 Rehabilitation for his or her supervision by the parole officer;

10  (4) That in every case in which the parolee for a conviction is seeking parole from an

11 offense against a child, defined in §61-8-12 of this code, §61-8B-1 et seq. or §61-8D-1 et seq. of

12 this code, or similar convictions from other jurisdictions where the parolee is returning or

13 attempting to return to this state pursuant to the provisions of §15A-7-4 of this code, the parolee

14 may not live in the same residence as any minor child nor exercise visitation with any minor child

15 nor may he or she have any contact with the victim of the offense; and

16  (5) That the parolee, and all federal or foreign state probationers and parolees whose

17 supervision may have been undertaken by this state, pay a fee, based on his or her ability to pay,

18 not to exceed $50 per month to defray the costs of supervision.

19  (b) The Commissioner of the Division of Corrections and Rehabilitation shall keep a record

20 of all actions taken and account for moneys received. All moneys shall be deposited in a special

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21 account in the State Treasury to be known as the Parolee's Supervision Fee Fund. Expenditures

22 from the fund shall be for the purposes of providing the parole supervision required by the

23 provisions of this code and are not authorized from collections, but are to be made only in

24 accordance with appropriation by the Legislature and in accordance with the provisions of article

25 three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two,

26 chapter five-a of this code. Amounts collected which are found, from time to time, to exceed the

27 funds needed for purposes set forth in this article may be transferred to other accounts or funds

28 and redesignated for other purposes by appropriation of the Legislature.

29  (c) The Division of Corrections and Rehabilitation shall consider the following factors in

30 determining whether a parolee or probationer is financially able to pay the fee:

31  (1) Current income prospects for the parolee or probationer, taking into account seasonal

32 variations in income;

33  (2) Liquid assets of the parolee or probationer, assets of the parolee or probationer that

34 may provide collateral to obtain funds and assets of the parolee or probationer that may be

35 liquidated to provide funds to pay the fee;

36  (3) Fixed debts and obligations of the parolee or probationer, including federal, state and

37 local taxes and medical expenses;

38  (4) Child care, transportation and other reasonably necessary expenses of the parolee or

39 probationer related to employment; and

40  (5) The reasonably foreseeable consequences for the parolee or probationer if a waiver

41 of, or reduction in, the fee is denied.

42  (d) In addition, the Division of Corrections and Rehabilitation may impose, subject to

43 modification at any time, any other conditions which the division considers advisable.

44  (e) The Division of Corrections and Rehabilitation may order substance abuse treatment

45 as a condition or as a modification of parole, only if the standardized risk and needs assessment

46 indicates the offender has a high risk for reoffending and a need for substance abuse treatment.

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47  (f) The Division of Corrections and Rehabilitation may impose, as an initial condition of

48 parole, a term of reporting to a day report center or other community corrections program only if

49 the standardized risk and needs assessment indicates a moderate to high risk of reoffending and

50 moderate to high criminogenic need. Any parolee required to report to a day report center or other

51 community corrections program is subject to all the rules and regulations of the center or program

52 and may be removed at the discretion of the center's or program's director. The Commissioner of

53 the Division of Corrections and Rehabilitation shall enter into a master agreement with the Division

54 of Administrative Services, Justice and Community Services section to provide reimbursement to

55 counties for the use of community corrections programs by eligible parolees. Any placement by

56 the Division of Corrections and Rehabilitation of a parolee in a day report center or other

57 community corrections program may only be done with the center or program director's consent

58 and the parolee is subject to all of the rules and regulations of the center or program and may be

59 removed by the director.

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Enr CS for HB 5444
              The Clerk of the House of Delegates and the Clerk of the Senate hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

              Clerk of the House of Delegates
                           ...............................................................
                                        Clerk of the Senate

         Originated in the House of Delegates.
         In effect 90 days from passage.

                                       ...............................................................
                                          Speaker of the House of Delegates
                                                           ...............................................................
                                                                     President of the Senate
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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