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 new provisions that allow circuit judges to impose a definite term of imprisonment for these 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. The changes aim to provide judges with more discretion in sentencing while ensuring that the board of probation and parole takes the judge's opinion into account when determining parole eligibility. This legislative change seeks to enhance the justice system's responsiveness to the severity of certain crimes while maintaining a structured approach to sentencing and parole considerations.

Statutes affected:
Introduced Version: 61-11-16