Current through Register Vol. XLI, No. 45, November 8, 2024
Section 92-1-5 - Interviews of Inmates5.1. Inmates who meet the applicable eligibility requirements for parole consideration shall be given an interview by a Panel of the Board.5.2 Pursuant to W. Va. Code § 62-12-13(m), interviews may be conducted by means of video teleconference in compliance with statutory requirements.5.3 No inmate shall have the right to an interview on any particular day. However, the inmate shall have the right to an interview within a specific month in accordance with the following: 5.3.a. Initial Interview. -- When an inmate first becomes eligible for parole, he or she shall be interviewed by a Panel of the Board during the month in which he or she becomes eligible.5.3.b. An inmate who is not granted parole following the initial interview, shall be scheduled for an additional interview no more than 12 months following the month of initial eligibility except for inmates with life sentences who may be subject to extensions of this period. Subsequent interviews will be scheduled at 12 month intervals, except as otherwise provided for by this Rule.5.3.c An inmate who is serving a sentence of "Life with Mercy" and is not granted parole following the interview, shall be scheduled for an additional interview no more than 36 months following the month of initial eligibility. Subsequent interviews may be scheduled at up to 36 month intervals, except as otherwise provided for by this Rule.5.4. Notice to Inmate. 5.4.a. The Division shall notify inmates of the date of their individual interviews by issuance of a monthly list. The list shall give the name of each inmate, by institution, who is to receive an interview in a given month, together with the date of such interview. The list shall be issued by the Division on or before the first day of the month prior thereto. The list shall be sent to each institution, and all inmates whose names appear on it shall be notified of the date of their individual interview by employees of the institution.5.5. Notice to Victims in Crimes Not Subject to W.Va. Code § 62-12-23.5.5.a. Notwithstanding the provisions of section 5.6 of this Rule, written notice of each interview shall be sent to the victim(s) who have registered to receive such notice through technology made available by the Division, so that they may comment on the appropriateness of the granting of parole. The notice shall occur at least 10 days prior to the interview.5.5.b. The Division shall notify the victim(s) of the decision of the Panel. This notice may be made by regular mail, facsimile or electronic mail.5.6. Notice to Officials; Notice to Victims; Victims' Right to be Heard pursuant to W.Va. Code § 62-12-23. 5.6.a. Following the sentencing of a person who has been convicted 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 prosecuting attorney shall prepare a "Parole Hearing Notification Form" containing the information required by W. Va. Code § 62-12-23.5.6.b. At least 45 days prior to the date of a parole hearing, the Division shall notify those persons listed on the "Parole Hearing Notification Form" of the date and place at which such parole hearing will be held. Such notice sent to victims shall be sent by certified mail, return receipt requested. Such notice sent to officials shall be sent by regular mail, electronic mail, or facsimile.5.6.c. The notice to the victim(s) shall state that the victim(s) have the right to submit a written statement to the Board and to attend the parole hearing to be heard, with or without the inmate present, regarding granting parole to the inmate. The notice shall also state that only the victim(s) may submit written statements and speak at the parole hearing unless a victim is deceased, is a minor, or is otherwise incapacitated. This testimony may be given by phone or in person at the Board's discretion.5.6.d. If the Panel grants parole, it shall immediately set a date for the inmate's release and shall notify those persons listed on the "Parole Hearing Notification Form" that parole has been granted and indicate the date on which the inmate is to be released. Such notice sent to victims shall be sent by certified mail, return receipt requested. Such notice sent to officials shall be sent by regular mail, electronic mail, or facsimile.5.7. Date and Place of Interview. 5.7.a. Inmates will participate in parole interviews at the Institution where confined. If deemed in the interest of economy and expedience or for any other special circumstance, the Board may designate another secure location. Interviews may, in special circumstances, be held at a hospital or at the discretion of the Board. Individual inmates shall not be scheduled in advance for specific times, unless the Victim, as mentioned in Section 5.6 of this Rule, has requested to attend the hearing. The Panel of the Board on a given day shall commence with interviews at a prearranged time. Thereafter, the Panel shall interview each inmate scheduled for that day in turn. The Parole Board reserves the right to change the order of the schedule. If necessary, interviews may be continued to succeeding days. Parole interviews are open to the public, except as restrictions on attendance may be required at the Board's discretion.5.8. Consideration of Documents at Interviews.5.8.a. At the interview the Panel will consider any of the following documents, which it has obtained from appropriate sources:5.8.a.1. The Regular Case Parole Guidelines and a LS/CMI report prepared by the Division.5.8.a.2. An authentic copy of the inmate's current criminal record, as provided through the West Virginia State Police, the United States Department of Justice or any other reliable criminal information source.5.8.a.3. Reports from the Institution concerning the inmate's work record, participation in therapeutic, treatment and educational programs, and overall conduct.5.8.a.4. Reports of the inmate's discipline while incarcerated, to include the record of any and all violations of Class I or Class II institutional disciplinary rules, proved and disposed of, and the sanctions imposed therefor.5.8.a.5. Reports submitted to the Panel by institutional authorities concerning physical, mental or psychiatric examinations of the inmate conducted by either the Division or other appropriate agencies or professionals.5.8.a.6. Written sentiment submitted by victims, law enforcement officers, prosecuting attorneys, judges, or other public officials and citizens from the county where the inmate was sentenced or from the community in which the inmate resided.5.8.a.7. A written description of the facts and circumstances of the crime(s) for which the inmate has been convicted and is currently incarcerated.5.8.a.8. Records pertaining to any previous release of the inmate on home confinement, probation or parole.5.8.a.9. A home plan that has been approved by the Division's Parole Services unit.5.8.b. The Panel may conduct the interview without any of the aforementioned documents and reports, provided that a written statement indicating the reason for the Panel deciding to proceed without them is prepared, signed by all interviewing Members, and placed in the inmate's file. Further provided that, if an inmate appears at the parole hearing and no Regular Case Parole Guidelines have been completed, the Board shall delay the hearing until the same has made available.5.8.c. In the case of a prisoner who is incarcerated because such prisoner has been found guilty of, or has pleaded guilty to a felony under the provisions of W. Va. Code § 61-8-12 or under the provisions of W. Va. Code § 61-8B-1 et seq. or 61-8C-1 et seq. (sex crimes), the Board may not waive the report required by subsection (5) and the report shall include a study and diagnosis which shall include an on-going treatment plan requiring active participation in sexual abuse counseling at an approved mental health facility or through some other approved program.5.9. Conduct of the Interview. 5.9.a. The interview will be conducted in an informal manner. The purpose of the interview is to consider the facts and matters contained in the documents and reports described in Section 5.8, to allow the inmate to proffer reasons why he or she should be granted parole, and to give the Panel an opportunity to pose questions and observe the demeanor of the inmate. All hearings shall be fair and appropriate and the decision based on the totality of the findings. The proceedings in the interview shall be recorded by electronic, stenographic, or other means of equivalent competence. An interview by video teleconference may be utilized in compliance with the requirements of W. Va. Code § 62-12-13(m).5.9.b. During the course of the interview, the Panel shall:5.9.b.1. Allow the inmate an opportunity to comment upon information contained in the documents or reports which the Panel shall consider, and rebut any information which the inmate believes is false or inaccurate. In order to rebut the information, or to present additional information which the inmate believes is relevant, the inmate may present to the Panel documents, affidavits or letters. The inmate may also ask that the Panel delay consideration of the case pending receipt of such documents, affidavits or letters if they are not available at the time of the interview. The Board or its Panel has no responsibility for obtaining such information on the inmate's behalf.5.9.b.2 Any civilian or public attendees to any form of Parole Board hearing shall only be permitted to bring with them a photo identification.5.9.c. Allow the inmate an opportunity to make a statement as to why he or she should be granted parole. Specifically, addressing as to why the Panel should believe that if he or she were released on parole, he or she could conduct themselves in a lawful manner. Further, that release would not be incompatible with the best interests and welfare of society generally.5.9.d. Members may ask the inmate any question bearing on the factors considered for a grant or denial of parole. All interviews or questioning shall be conducted in a professional, fair and impartial manner.5.9.e. Any person, including the inmate himself or herself, who speaks without permission, or who disrupts the interview may be ordered to leave the room by the Panel. Further, the person may be subject to sanction and/or criminal prosecution.5.10. Open Meetings Act. Because the Parole Board exercises quasi-judicial functions, the formal requirements of the Open Governmental Proceedings Act (W.Va. Code § 6-9A-1et seq.) do not apply.