West Virginia Code of State Rules
Agency 92 - Parole Board
Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD
Series 92-01 - Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge
Section 92-1-8 - Decisions of the Panel

8.1.a.1. If the Panel decides to grant parole, it shall issue written notification thereof, specifying the grant decision and any Special Conditions for supervision of parole, in addition to those conditions specified in W. Va. Code § 62-12-17, which the Board deems necessary. The Parole Board's conditions will be strictly enforced and will not be voided or invalidated by any entity other than the Parole Board.

8.1.a.2. An inmate granted parole, who is subject to a detainer filed by authorities of any state or of the United States, shall be released only to the detainer. The inmate shall not be released to parole supervision without the express written consent of the authorities who filed the detainer.

8.1.a.3. Any person charged with escape from the custody of the Commissioner of Corrections shall not be released from custody while the prosecution of the alleged offense is pending.

8.1.b.1. If the Panel should decide that parole should be granted, contingent upon additional conditions being met by the inmate prior to his or her release on parole, the Panel may make a contingent grant to parole. All conditions for the release of a prisoner to parole must be clearly set forth by the Panel together with a time frame by which the conditions are to be met. Upon completion of stated conditions, the Chairman of the Board will be notified to grant and issue parole release. Failure of an individual to meet such conditions as specified by the order of the Panel shall constitute grounds for rescission of parole.

8.1.b.2. If the parole release plan is unavailable at the time of the interview, and the Panel determines that the inmate could be a suitable candidate for parole, the Panel shall grant parole contingent upon the receipt of an approved release plan. The inmate will then have no more than 120 days to tender an approved release plan. If the approved release plan is received, the Parole Board will grant parole and authorize release onto parole. Failure to submit an approved release plan within the 120-day time frame may result in denial of parole. Provided, That the Board may extend the period up to 120 days upon a showing of good cause.

8.1.c.1. If a majority of the Panel denies parole and determines that the inmate should have an additional interview prior to the expiration of 12 months, then the Panel shall proceed to deliberate the length of time which shall elapse before the next interview. If a majority of the Panel agrees on a specific period of time, then that period of time shall be the period for the next interview. If the Panel is unable to agree upon a period of time which is less than 12 months to schedule another interview, then the Lead Interviewer, after causing the same to be duly noted in writing, may poll each Member of the Panel who shall recommend a period of time between 0 and 12 months, and reach the average of the same by adding all recommendations and dividing by the number of Members making recommendations. Once this average is reached, the Panel shall again deliberate to determine if this average can be agreed upon. If the Panel cannot thereafter agree on a date for a new interview, the matter shall be referred to the Chairperson who, in his or her sound judgment, shall schedule another interview prior to the expiration of 12 months. The Panel will inform the inmate in the Decision Summary of the specific reasons for denial and requirements for the next parole review.

8.1.c.2. In the case of an inmate serving a sentence designated in the committing court's sentencing/commitment order as "Life with Mercy," subsequent interviews may be scheduled at up to 36 month intervals following a denial of parole. (W. Va. Code § 62-12-13(e))

8.1.c.3. In the case where an inmate was not provided a parole interview in the initial month of eligibility, the Panel will adjust his or her next parole eligibility date to account for time the inmate was not interviewed. This adjustment will not be made if the inmate is 9 months or further past due for their interview.