This bill amends West Virginia Code §61-11-16 to require the board of probation and parole to consider the sentencing judge's recommendations for individuals convicted of specific qualifying offenses. The bill introduces a new section that allows circuit judges, at their discretion, to impose a definite term of imprisonment for qualifying offenses, which include serious crimes such as DUI with death, first and second-degree murder, various forms of assault, and sexual offenses, among others. The judge's recommendation will be based on the facts and circumstances of each case, and the imposed term cannot exceed the maximum penalty prescribed by law for the crime.

Additionally, the bill defines "qualifying offenses" in detail, listing a total of 44 specific crimes that fall under this category. This change aims to ensure that the board of probation and parole takes into account the judge's perspective on the appropriate term of imprisonment, thereby enhancing the judicial process and potentially leading to more tailored sentencing outcomes for serious offenses. The bill emphasizes the importance of the judge's opinion in the context of parole considerations, reflecting a shift towards a more collaborative approach between the judiciary and the parole board.

Statutes affected:
Introduced Version: 61-11-16