This bill amends the Code of West Virginia, specifically section 62-12-10, to clarify the standard of proof required for final parole or probation revocation hearings. The new legal language states that the standard of proof is "proof by a preponderance of the evidence." This change aims to provide a clearer guideline for courts and judges when determining whether a probationer has violated the conditions of their probation.

In addition to establishing the standard of proof, the bill outlines the procedures and consequences for probation violations, including the potential for arrest and confinement based on the severity and frequency of the violations. It specifies that for certain violations, judges may impose confinement periods and outlines the process for handling the costs associated with confining felony probationers. The bill also allows judges discretion to release probationers again on probation if they believe that the interests of justice do not require confinement, provided the violation was not a felony.

Statutes affected:
Introduced Version: 62-12-10