Current through Register Vol. XLI, No. 45, November 8, 2024
Section 92-1-4 - Eligibility for Parole Consideration4.1. Eligibility Based on Incarceration Period.4.1.a. Any inmate, in order to be eligible for consideration for ordinary parole, must meet the following prerequisites:4.1.a.1. If the inmate is serving an indeterminate sentence, he or she must have served the minimum term of the sentence.4.1.a.2. If the inmate is serving a determinate sentence, he or she must have served one-fourth of the sentence.4.1.a.3. If the inmate is serving a sentence designated in the committing court's sentencing/commitment order as "Life with Mercy," and the crime is not First Degree Murder, he or she must have served 10 years of the sentence.4.1.a.4. If the inmate is serving a sentence designated in the committing court's sentencing/commitment order as "Life with Mercy" for First Degree Murder, and the crime occurred prior to June 10, 1994, he or she must have served 10 years of the sentence. If the crime occurred on or after June 10, 1994, he or she must have served 15 years.4.1.a.5. If the inmate is serving a sentence designated in the committing court's sentencing/commitment order as "Life with Mercy", and he or she has been convicted of felony crimes twice before, he or she must serve 15 years of the life sentence. 4.1.a.5.A. This provision shall apply regardless of the crime for which the life sentence was imposed, unless the crime is first degree murder or second degree murder or a violation of W. Va. Code § 61-8B-3, and it is determined, as provided in W. Va. Code § 61-11-19 that such person had been before convicted in this state of first degree murder, second degree murder, or a violation of W. Va. Code § 61-8B-3, or has been so convicted under any law of the United States or any other state for an offense which has the same elements as any offenses described in this subsection, in which case the inmate is not eligible for parole.4.1.a.6. If the inmate is serving a sentence for a drug offense and the committing court's order designated that the crime occurred within 1000 feet of a school or school property, he or she must have served three years if the drug was a narcotic controlled substance and two years if it was non-narcotic. (W. Va. Code § 60A-4-406).4.1.a.7. Notwithstanding any other provisions herein, if an inmate is sentenced under a court order showing that he or she committed or attempted to commit a felony with the use, presentment or brandishing of a firearm, the inmate shall be eligible for parole consideration in accordance with the following: 4.1.a.7.A. If the inmate so committed or attempted to commit the crime of robbery as defined in W. Va. Code § 61-2-12, he or she shall be eligible for parole either when he or she has served five years of the sentence or when he or she has served one-third of his or her determinate sentence, whichever is greater.4.1.a.7.B. If the inmate so committed or attempted to commit any other act, and was convicted of a felony under any section of the Code, other than W. Va. Code § 61-2-12, then he or she shall be eligible for parole after he or she has served a minimum of three years of the sentence or the maximum of the sentence, whichever is less.4.1.a.7.C. The provisions of this subsection will apply only to those inmates who were convicted of their felonies after August 1, 1981. Inmates convicted of their offenses before that date shall have their eligibility determined by subsections (1), (2), (3) and (4). Resolution of any dispute over the applicability of this subsection shall be made by reference to W. Va. Code § 62-12-13(a)(1)(B).4.1.a.8. If an inmate is serving two or more sentences concurrently, he or she shall be eligible for parole consideration after he or she has served the longest of the minimum terms. If one of the sentences is a determinate sentence, then he or she shall serve one-fourth, (5 years or one-third of a definite sentence if the firearm statute is applicable), of that sentence in order to be eligible for parole consideration, providing that such is longer than the minimum sentence for any concurrent indeterminate sentence.4.1.a.9. If an inmate is serving consecutive sentences, the time of parole eligibility shall be computed by adding together the minimum terms of the sentences. If one of the sentences is a determinate sentence, then parole eligibility shall be computed by adding a number equal to one-fourth of the determinate term, (or one-third if the firearm statute is applicable), to the minimum term of the other sentences.4.1.a.9.A. If the inmate is serving two determinate sentences consecutively, then parole eligibility shall be computed by adding a number equal to one-fourth, (or one-third if the firearm enhancement is applied), of one determinate term to a number equal to one-fourth, (or one-third if the firearm enhancement is applied), of the second term.4.1.a.10. When a parolee has violated the conditions of the release on parole by confessing to, or being convicted of treason, first or second degree murder, armed/aggravated robbery, rape, first or second degree sexual assault, any sexual offense against a minor, incest, or an offense with the same essential elements if known by other terms in other jurisdictions, he or she shall be returned to an Institution of this State to serve the remainder of the maximum sentence, during which remaining part of the sentence he or she shall be ineligible for further parole.4.1.b. Rules concerning parole eligibility shall not be interpreted to delay the actual discharge of sentence and release from the institution. If an inmate has reached his or her discharge date by benefit of Good Time awarded, but has not reached parole eligibility, then he or she shall be discharged.4.1.c. An inmate who is serving a sentence designated in the committing court's sentencing/commitment order as "Life" or "Life without Mercy" shall not be eligible for parole.4.1.d. Parole Eligibility Dates shall be calculated by the Division and provided to the inmate within 30 days of the receipt of a valid Sentencing/Commitment Order from the Circuit Court or within 30 days of the receipt of a Revocation of Parole Order from the Board.4.2. Eligibility Based upon Successful Completion of Accelerated Parole Program. An inmate shall only be eligible for accelerated parole consideration if approved and referred to the Parole Board by the Division. The minimum time served requirements of section 4.1.a do not apply if all of the following are met:
4.2.a. The inmate has applied and been accepted into the Division's "Accelerated Parole Program."4.2.b. The inmate has met the requirements of the Division's current Policy Directive(s) for the Accelerated Parole Program.4.3. Detainers. 4.3.a. Notwithstanding the minimum time served requirements of section 4.1.a, the Parole Board may grant or deny parole to an inmate against whom a detainer is lodged by a jurisdiction other than West Virginia for service of a sentence of incarceration, upon a written request for parole from the inmate.4.3.b. All applications to parole to a detainer for serving a sentence in another jurisdiction shall be considered by the Board and may be summarily denied without hearing. For applicants not summarily denied, a hearing shall be scheduled at the discretion of the Board at the inmate's institution with all required notices being provided to all individuals entitled to such notice.4.3.c. If parole is granted, the inmate shall be released only to the detainer. If the detainer is voided by the authorities who filed it, the Parole Board will be notified and parole will be denied. The inmate will be notified of this decision in writing by the Parole Board.4.3.d. A denial of parole under this section precludes consideration for parole for a period of one year or until the requirements of section 4.1.a are met.4.4. Eligibility Based on Institutional Conduct.4.4.a. No inmate who is incarcerated in administrative or punitive segregation for disciplinary conduct shall be considered for parole. Such inmate shall become eligible in the first full month following the month in which he or she is released from punitive segregation.4.5. Eligibility Relating to Submission of a Release Plan. 4.5.a. All inmates seeking parole must have a written parole release plan, approved by DCR Parole Services, setting forth his or her proposed plans for place of residence and employment. A release plan may be substituted by detainer to serve a sentence of incarceration in another jurisdiction for a year or longer.4.5.b. In the case of inmates subject to mandatory 30-day notification periods, being offenses of murder, aggravated robbery, sexual assault in the first or second degree, kidnapping, child abuse resulting in injury, child neglect resulting in injury, arson, or a sexual offense against a minor, the board may conduct an initial interview without a release plan. If the Panel does not deny parole, the decision will be a contingent decision pursuant to section 8.1.b.2 below.