Current through Register Vol. XLI, No. 45, November 8, 2024
Section 92-2-5 - Parole Sanctions5.1. The Division shall notify the Parole Board when a parolee begins serving a term of confinement for a parole sanction pursuant to W.Va. Code § 62-12-19. The Parole Board may deny further confinement, or reduce the required period of confinement.5.2. Upon written request submitted by the parolee within 10 days from arrest, the parolee shall be afforded the right to a hearing within forty-five (45) days from arrest before a Parole Board panel. The sole issue to be decided by the Panel shall be whether further confinement, or a reduced period of confinement, is appropriate. In no event shall the total confinement in response to sanctions exceed one hundred (100) days.5.3. In any instance where a Parole Board or Panel decision is required under this section, the Division shall provide to the Parole Board information regarding the parolee's performance on supervision, and risk of reoffending, as determined by a validated risk-needs assessment.5.4. The Panel decision shall consider the parolee's performance, adjustments during supervision, the length of successful supervision, adherence to the conditions of parole, the assessed risk of reoffending, as well as any other applicable information available to the Panel.5.5. If a parolee is confined for a violation, and ultimately has his or her parole revoked pursuant to section six of this Rule, good time shall be applied retroactively to all time in which the parolee was confined.