Relating to standard of proof required for final parole or probation revocation hearing

SB 883 Text

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Senate Bill 883 History

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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
Introduced
Senate Bill 883
By Senator Morris
[Introduced February 9, 2026; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §62-12-10 of the Code of West Virginia, 1931, as amended,
relating to the standard of proof required for a final parole or probation revocation hearing is proof by a preponderance of the evidence.
Be it enacted by the Legislature of West Virginia:
ARTICLE 12. PROBATION AND PAROLE.

§62-12-10. Violation of probation.
(a) If at any time during the period of probation there shall be reasonable cause to believe that the probationer has violated any of the conditions of his or her probation, the probation officer may arrest him or her with or without an order or warrant, or the court which placed him or her on probation, or the judge thereof in vacation, may issue an order for his or her arrest, whereupon he or she shall be brought before the court, or the judge thereof in vacation, for a prompt and summary hearing.
The standard of proof required for a final parole or probation revocation hearing is proof by a preponderance of the evidence.
(1) If the court or judge finds reasonable cause exists to believe that the probationer:
(A) Absconded supervision;
(B) Engaged in new criminal conduct other than a minor traffic violation or simple possession of a controlled substance; or
(C) Violated a special condition of probation designed either to protect the public or a victim; the court or judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed.
(2) If the judge finds that reasonable cause exists to believe that the probationer violated any condition of supervision other than the conditions of probation set forth in subdivision (1) of this subsection then, for the first violation, the judge shall impose a period of confinement up to sixty days or, for the second violation, a period of confinement up to one hundred twenty days. For the third violation, the judge may revoke the suspension of imposition or execution of sentence, impose sentence if none has been imposed and order that sentence be executed, with credit for time spent in confinement under this section.
(3) In computing the period for which the offender is to be confined, the time between his or her release on probation and his or her arrest may not be taken to be any part of the term of his or her sentence.
(b) A probationer confined for a first or second violation pursuant to subdivision (2), subsection (a) of this section may be confined in jail, and the costs of confining felony probationers shall be paid out of funds appropriated for the Division of Corrections. Whenever the court orders the incarceration of a probationer pursuant to the provisions of subdivision (2), subsection (a) of this section, a circuit clerk shall provide a copy of the order of confinement within five days to the Commissioner of Corrections.
(c) If, despite a violation of the conditions of probation, the court or judge is of the opinion that the interests of justice do not require that the probationer serve his or her sentence or a period of confinement, the judge may, except when the violation was the commission of a felony, again release him or her on probation: Provided, That a judge may otherwise depart from the sentence limitations set forth in subdivision (2), subsection (a) of this section upon making specific written findings of fact supporting the basis for the departure.

NOTE: The purpose of this bill is to clarify the standard of proof required for a final parole or probation revocation hearing is proof by a preponderance of the evidence
.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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