STATE OF WEST VIRGINIA DIVISION OF CORRECTIONS POLICY DIRECTIVE NUMBER: 454.07 DATE: SUBJECT: Accelerated Parole Program AUTHORITY: WV Code 25-1-5 & 62-12-13 I. POLICY: It is the policy of the West Virginia Division of Corrections (WVDOC) to maintain a mechanism that ensures that appropriate institution/facility/center written policy, procedure, and practice provide eligible inmates the opportunity to participate in the Accelerated Parole Program as outlined and described within the contents of this policy. II. CANCELLATION: Policy Directive 454.07, dated 01 November 2013 III. DEFINITIONS: Accelerated Parole Program: As used within this Policy Directive, that process by which a statutorily eligible inmate having completed the necessary rehabilitation and programming may be presented to the Parole Board for parole consideration aside from their ordinary parole hearing date and, if granted, supervision on parole. Felony Crime of Violence Against a Person: As used within this Policy Directive, felony offenses set forth in Article 2, 3E, 8B or 8D of Chapter 61 of the West Virginia Code. Felony Offense Where the Victim was a Minor Child: As used within this Policy Directive, any felony crime of violence against the person and any felony violation set forth in Articles 8A, 8C, or 8D of Chapter 61of the West Virginia Code wherein the victim was a minor child. A minor child is someone who is under 18 years of age at the time of the crime. Inmate Release Programs: As used within this Policy Directive, those programs provided by the Division of Corrections and the Department of Education which are designated to enable inmates to re-enter society as productive citizens. Standardized Risk Assessment: As used within this Policy Directive, a battery of assessments used to develop an inmate s program plan. Incarceration: As used within this Policy Directive, incarceration is used according to the IMIS (Inmate Management Information System) definition. For example, if an inmate has a -01 suffix to his/her DOC# that is considered his/her first incarceration. Original Parole Eligibility Date: Inmate s first parole hearing date during a specific incarceration as set by the West Virginia Parole Board.
Next Parole Hearing Date: Inmate s subsequent hearing dates as set by the West Virginia Parole Board after having been considered for parole at least once during a specific incarceration. Institutional Parole Officer (IPO): As used within this Policy Directive, the abbreviation IPO should be used interchangeably with Case Supervisor if the institution/facility/center in question uses those employees to perform parole hearing related functions. Pre-Sentence Investigation (Pre-SI): Investigation completed by WV Supreme Court Probation Officers (Shared with the WVDOC via the file server). Post-Sentence Investigation (Post-SI): Investigation completed by WVDOC Parole Officers (Shared via the file server). Case Supervisor: The DOC staff member assigned to manage the case load of a particular offender or group of offenders (i.e. Corrections Case Manager, Parole Officer, Corrections Program Specialist and Correctional Counselor). IV. APPLICABILITY: All institutions/facilities/centers that house inmates sentenced to the WVDOC, excluding Youthful Offenders insofar as it houses non-parole eligible inmates. V. PROCEDURE: A. Process: 1. Determination of Eligibility: Case Supervisors, who have been assigned to address the program needs of inmates in RJA facilities, shall determine, based on available information, whether the inmate: a) Has a parole eligibility date. This excludes any inmate serving a Life with Mercy sentence or a Habitual Offender Life sentence. b) Additionally, this program shall not be available to any inmate who: 1. Is serving a sentence for, or has a criminal conviction for, a felony crime of violence against a person. 2. Is serving a sentence for, or has a felony conviction, involving the use, presentment, or brandishing of a firearm. 3. Is serving a sentence, or has a felony conviction, for a crime where the victim was a minor child. 4. Is serving a sentence, or has a felony conviction, for a crime where the crime resulted in the victim s death. 5. Is serving a sentence for more than one (1) felony conviction for a controlled substance offense on which the inmate is serving a consecutive sentence. Page 2 of 5
6. Is serving a sentence on an offense for which there is a mandatory notification period under W.Va. Code Section 62-12-23. 7. Is presently incarcerated due to a parole revocation for a new felony conviction, to WV Code 62-12-19(h). 8. Is presently incarcerated in another jurisdiction, with a consecutive/concurrent WVDOC sentence. 2. Case Supervisors, shall gather Pre-Sentence Investigations (Pre-SI) and LS/CMI results within 10 working days of the inmate s commitment (Order Received Date) to WVDOC legal custody for those inmates who are eligible for Accelerated Parole. a. LS/CMI: If the most recently conducted LS/CMI is older than six months, the assigned staff will conduct a new LS/CMI. b. Pre-SI or Post-SI: If no Pre-SI is available staff will request a Post-Sentence Investigation (Post-SI) by the appropriate Parole Services staff. 3. Application Process: Upon the determination that an offender is eligible for Accelerated Parole, the Case Supervisor shall make arrangements to meet with the offender within 30 working days of the Order Received Date. The Case Supervisor will explain the Accelerated Parole process to the offender and strongly encourage them to participate. The offender should indicate on Attachment #1 that he or she agrees to, or declines to participate. If the offender declines participation, the process ends. If the offender later requests to participate, that application shall be completed during the next scheduled site visit by the Case Supervisor. 4. Notification of Application: a. The Case Supervisor will indicate in OIS/IMIS that the offender has applied for Accelerated Parole and notify Central Office Movement via an email. b. Attachment #1 will be scanned and supplied by the Institutional Parole Officer to the Programs, Movement, Records, and Research & Technology units at the Central Office, as well as the WV Parole Board. i. If the offender s Original Parole Eligibility Date is between 7 to 12 months from the date of Application, the Case Supervisor will arrange for the required programming to take place in the Regional Jails. ii. If the offender s Original Parole Eligibility Date is less than 7 months from the date of Application, the Central Office Movement Coordinator shall prioritize movement of these individuals into WVDOC operated facilities. Intake staff in those facilities will expedite the completion of the intake process and will complete all necessary steps within 2 weeks of intake. Staff in those facilities will prioritize access to program slots. Page 3 of 5
c. Case Supervisors in the Regional Jails can request expedited movement into WVDOC operated facilities if the situation warrants. 5. Accelerated Parole Programs: The Case Supervisor will develop a Case Management Plan based on the offender s LS/CMI, available programs in the facility, and other available information. Programs on the Case Management Plan that are based on criminogenic needs, such as substance abuse and cognitive behavioral programs, must be completed prior to release on Accelerated Parole. 6. Parole Hearing Scheduling: (IPO s, either in WVDOC facilities or Regional Jails, will work with the WV Parole Board (WVPB) to schedule Accelerated Parole offenders for parole hearings up to 3 months prior to their Original Parole Eligibility Date (OPED). If an offender has completed the Accelerated Parole Program successfully, the IPO will provide the WVPB the updated Attachment #1. If the offender is still in the process of completing a required class or classes, the interview will proceed as scheduled but the IPO will indicate on Attachment #1, the status of the offender s progress and when the offender can be expected to complete the program barring any delays. 7. Revocation of Accelerated Parole Status: If an offender becomes ineligible for Accelerated Parole, or willfully drops out of or is removed due to conduct, from classes indicated as required for Accelerated Parole, he or she will be removed from the program and their parole hearing will be reset to the OPED. The Institutional Parole Officer, who is assigned to that facility, will communicate this information with the WV Parole Board. 8. Offenders who have previously been denied Regular Parole: Eligible offenders can apply for and participate in this process. 9. An offender can only have one Accelerated Parole Hearing per incarceration unless the Parole Board makes a special finding that specifically permits it. 10. Once an offender is received into a DOC facility, and has been determined to be eligible for Accelerated Parole, the IMC will notify the Intake Unit and the IPO of his/her arrival. a. The intake process will be completed, including Classification, within two (2) weeks of intake. b. The Case Supervisor of the Intake Unit will notify the appropriate facilitators to move the inmate to the top of the class list. Expedited movement to other facilities may need to be coordinated with the Central Office Movement Coordinator. c. Once the inmate is enrolled, the facilitator will notify the IPO of the inmates enrollment and expected completion date. d. The IPO will follow the procedure, as listed in #6 above. Page 4 of 5
B. Inmates who become eligible for Accelerated Parole after placement in a DOC facility will follow the below procedure: 1. Upon the determination that an offender is eligible for Accelerated Parole, the Case Supervisor shall make arrangements to meet with the offender within 30 working days of the Order Received Date. The Case Supervisor will explain the Accelerated Parole process to the offender and strongly encourage them to participate. The offender should indicate on Attachment #1 that he or she agrees to, or declines to participate. If the offender declines participation, the process ends. If the offender later requests to participate, that application shall be completed during the next scheduled site visit by the Case Supervisor. 2. Attachment # 1 will be completed and forwarded, by the IPO, to Programs, Records, and Research and Planning of Central Office, as well as the WV Parole Board. OIS/IMIS will also be updated to show the offenders application. 3. If the inmate has not completed all required criminogenic programming at the time of application, the IPO will be responsible for providing the WV Parole Board with an estimated completion date. Should the inmate not be enrolled at the time of application, the IPO will notify the appropriate facilitator to move the inmate to the top of the class list and will update Attachment #1. Once the inmate is actively participating in the class, Attachment #1 should be updated and forwarded to Programs, Records, and Research and Planning of Central Office, as wells as the WV Parole Board. 4. The IPO will work with the WV Parole Board to schedule a hearing for all Accelerated Parole Inmates, up to three (3) months prior to their OPED and will provide the WV Parole Board an updated Attachment #1, if necessary, prior to their scheduled hearing. 5. Revocation of Accelerated Parole Status: If an offender becomes ineligible for Accelerated Parole, or willfully drops out of, or is removed due to conduct from, classes indicated as required for Accelerated Parole, he or she will be removed from the program and their parole hearing will be reset to the OPED. The Case Supervisor will communicate this information with the WV Parole Board. 6. Offenders who have previously been denied Regular Parole: Eligible offenders can apply for and participate in this process. 7. An offender can only have one Accelerated Parole Hearing per incarceration unless the Parole Board makes a special finding that specifically permits it. APPROVED SIGNATURE: Jim Rubenstein, Commissioner Date Page 5 of 5