West Virginia Code of State Rules
Agency 92 - Parole Board
Title 92 - PROCEDURAL RULE WEST VIRGINIA PAROLE BOARD
Series 92-02 - Sanction, Recission and Revocation
Section 92-2-6 - Revocation of Parole
Current through Register Vol. XLI, No. 38, September 20, 2024
6.1. The Board by a Panel may revoke the parole of any parolee who has previously been granted parole and who has not been discharged from supervision. However, parole shall not be revoked unless a Panel of the Board specifically finds that reasonable cause exists that a parolee has violated a condition of parole which has been imposed either by law, the Board or the Division.
6.2. The Panel shall make a finding that the accused parolee has violated a condition only after it has conducted a prompt and summary hearing, which shall be known as a revocation hearing.
6.3. In addition to determining whether or not the accused parolee has violated condition(s) of parole, the Panel will also consider prior violations, the severity of prior violations, graduated sanctioning responses by the Division, the offender's risk of reoffending, the length of successful supervision, offender adjustment and levels of response to supervision.
6.4. A court order finding a parolee guilty of any offense that occurred while he or she was on parole status is reliable evidence to support a revocation based on a new conviction. A mitigation hearing will be held upon the parolee's request.
6.5. When a parolee has violated the conditions of his or her release on parole by confession to, or being convicted of, in any state of the United States, the District of Columbia or the territorial possessions of the United States, the crime of treason, murder, aggravated robbery, first degree sexual assault, second degree sexual assault, sexual offense against a minor, incest or offenses with the same essential elements if known by other terms in other jurisdictions, he or she shall be returned to the custody of the Division of Corrections to serve the remainder of his or her maximum sentence, during which remaining part of his or her sentence he or she is ineligible for further parole.
