STATE OF WEST VIRGINIA DIVISION OF CORRECTIONS POLICY DIRECTIVE NUMBER: 454.07 DATE: SUBJECT: Accelerated Parole Program AUTHORITY: WV Code 62-13-4; 25-1-5 and 62-12-13 I. POLICY: It is the policy of the West Virginia Division of Corrections (WVDOC) to establish and 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. III. CANCELLATION: None, as this is a new policy. 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 Articles 2, 3-e, 8-b or 8-d 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 8-a, 8-c or 8-d of Chapter 61of the West Virginia Code wherein the victim was a minor child. Inmate Release Programs: As used within this Policy Directive, those programs provided by the Division of Corrections 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. IV. APPLICABILITY: All units within the Division of Corrections, excluding the Anthony Correctional Center, insofar as it houses non-parole eligible inmates.
Page 2 of 5 V. PROCEDURE: A. Each institution/facility/center shall implement the Accelerated Parole Program into the institution/facility/center s respective inmate release programs. This program shall be administered by the institution/facility/ center Institutional Parole Officer (IPO). B. Institution/Facility/Center Responsibilities: Each institution/facility/ center shall ensure that their respective inmate programs include all components necessary to provide inmates the opportunity to successfully complete his/her program plan. 1. The inmate s Case Supervisor shall ensure that a program plan for an inmate is constructed in which the primary focus is one that focuses on weak areas identified by a standardized risk assessment. Specific time frames within the program plan shall also be established during this assessment and as guided by the WVDOC Case Management Manual. 2. The only exception to this requirement shall be in regards to a Residential Substance Abuse Treatment (RSAT) Program. In the event an inmate s successful completion of an RSAT program is recommended, that inmate shall be transferred to an institution/ facility/center appropriate to his/her custody level that is operating an RSAT program if the inmate desires to participate in such a program. C. Eligibility: The Accelerated Parole Program shall be made available to all inmates with a classification level of Minimum or Community having a parole eligibility date, excluding inmates serving sentences of Life with Mercy and Habitual Life. Additionally, this program shall not be available to any inmate to which one (1) or more of the following may apply: 1. Is serving a sentence for, or has a prior criminal conviction for, a felony crime of violence against a person. 2. Is serving a sentence for, or has a prior felony offense, involving the use, presentment, or brandishing of a firearm. 3. Is serving a sentence for, or has a prior felony offense, where the victim was a minor child. 4. Is serving a sentence for more than one (1) felony for a controlled substance offense for which the inmate is serving a consecutive sentence.
Page 3 of 5 5. Is currently assigned to Punitive Segregation or Administrative Segregation as a result of disciplinary action. D. Application Process: Inmates who wish to participate in the Accelerated Parole Program must meet all eligibility requirements as described in Section V-C and shall be required to submit an Application for Accelerated Parole (Attachment #1) a minimum of one hundred fifty (150) days prior to his/her parole hearing date. Applications are to be submitted to the institution/facility/center IPO. The IPO should review all applications within fifteen (15) days of receipt. 1. Once the application is reviewed and it is determined that the applying inmate has met the criteria for participation, the IPO shall forward the application to the Warden/Administrator. The Warden/ Administrator shall review the history of all applicants, review standardized risk assessment results, review eligibility criteria and any and all other reports and/or assessments that may be pertinent. The Warden/Administrator shall make a recommendation for or against accelerated parole, attach any supporting documentation and forward the application to the Commissioner of the Division of Corrections. 2. The Commissioner shall uphold or deny the recommendation of the Warden/Administrator. 3. Based on the Commissioner s decision, one (1) of the following two sets of sequences shall then occur as described in Sections V-E and V-F (as applicable) of this Policy Directive. E. Application Denied by the Commissioner 1. Notice of the denial shall be forwarded to the inmate applicant and the Warden/Administrator for the institution/facility/center in which he/she is incarcerated. 2. The Warden/Administrator receiving the notice of denial shall ensure that the decision is then forwarded to the IPO and the inmate s assigned Case Supervisor. 3. The inmate s Case Supervisor shall ensure that the inmate s programming, in accordance with his/her program plan, continues as previously established.
Page 4 of 5 4. The inmate will become eligible to reapply for the Accelerated Parole Program in six (6) months after the date of the Commissioner s decision, provided he/she continues to meet the eligibility requirements as outlined in Section V-C of this Policy Directive. F. Application Approved by the Commissioner 1. Notice of the approval shall be forwarded to the inmate applicant and the Warden/Administrator for the facility/institution/center in which he/she is incarcerated. 2. The Warden/Administrator receiving the notice of approval shall ensure that the decision is then forwarded to the IPO and the inmate s assigned Case Manager. 3. Provided that the inmate remains write-up free, the inmate s Case Supervisor or the institution/facility/center s IPO shall complete and submit the inmate s Pre-Parole Report in accordance with the procedures outlined within WVDOC Policy Directive 454.01 Parole Release Plan. a. In the event the inmate receives a guilty finding from a Correctional Hearing Officer for a Class 1 or Class 2 rule violation within one hundred and twenty (120) days of his/her potential release date, the inmate will be disqualified from accelerated parole. b. The aforementioned requirement may be waived by the Commissioner. 4. The IPO shall forward to the West Virginia Parole Board a report (Attachment #2) evidencing the inmate s approval for the Accelerated Parole Program for review and scheduling of the inmate s parole review hearing no earlier than ninety (90) days from his/her next parole hearing date. G. Should the West Virginia Parole Board grant an inmate accelerated parole, the inmate must have successfully completed his/her program plan prior to release. 1. For the purpose of this policy, successful completion shall be considered as maintaining one hundred percent (100%) adherence, compliance and completion with all recommended programs.
Page 5 of 5 2. Inmates enrolled in a recommended program, but on a waiting list, shall be considered as non-compliant. APPROVED SIGNATURE: Jim Rubenstein, Commissioner Date
West Virginia Division of Corrections Application for Accelerated Parole Policy Directive 454.07 Attachment #1 Inmate s Full Name: Last First Middle Inmate s WVDOC Number: Current Institution/Facility/Center: Application Date: I (Print Full Name) am hereby submitting this request to the Commissioner of the Division of Corrections for consideration for my acceptance into the Accelerated Parole Program. By virtue of this application I acknowledge that I will successfully complete my program plan prior to my release if accepted into this program and granted accelerated parole. I also understand and agree to abide by any stipulations assigned by the Commissioner that may be required for my acceptance into this program. Signature of Inmate and WVDOC# Witness Signature of Case Supervisor Printed Name Case Supervisor This section to be completed by the Institutional Parole Officer (IPO) Inmate s PED: Inmate s MDD: Inmate s Current Offense & Sentence: 1. Has the inmate received any Class 1 or Class 2 rule violations in the past one-hundred and twenty (120) days prior to this application? Yes No 2. Does the inmate meet the minimum eligibility standards for this program as set forth in Section V-C of WVDOC Policy Directive 454.07? Yes No NOTE TO IPO: ATTACH A COPY OF THE INMATE S CURRENT PROGRAM PLAN TO THIS APPLICATION. Signature of IPO Date Printed Name of IPO This section to be completed by the Warden/Administrator Recommend Approval (attach justification) Signature of Warden/Administrator Recommend Denial (attach justification) Date: This section to be completed by the Commissioner of Corrections Approved Denied Comments: Signature of Commissioner Date: Original: Central Office File Copy: Institutional Parole Officer Inmate s Classification File Inmate
Policy Directive #454.07 Attachment #2 West Virginia Division of Corrections Report of Acceptance into the Accelerated Parole Program To: West Virginia Parole Board From:, Institutional Parole Officer Date: Re: Acceptance into the Accelerated Parole Program This is to certify that, having successfully met all requirements of Policy Directive 454.07, the Commissioner of the Division of Corrections has approved the below-listed inmate into the Accelerated Parole Program. Inmate s Full Name: Inmate s WVDOC Number: Current Institution/Facility/Center: Last First Middle Attached are the following reports/documents for your review: Inmate s Application for Accelerated Parole Inmate s Program Plan Inmate hearing in 20. will be scheduled for a parole If you have any questions, contact me at. Copy: Inmate s Classification File Inmate File