This bill amends West Virginia Code §62-12-10, which pertains to the violation of probation. The primary focus of the amendment is to establish that the standard of proof required for a final parole or probation revocation hearing is "proof by a preponderance of the evidence." This insertion aims to clarify the evidentiary standard that must be met during such hearings, ensuring that the process is more transparent and consistent.

In addition to the new standard of proof, the bill outlines the procedures and consequences for probation violations, including the conditions under which a probationer may be arrested and brought before the court, as well as the potential penalties for various types of violations. The bill retains existing provisions regarding the confinement of probationers and the discretion of judges in determining appropriate sentences, while emphasizing the importance of the newly defined standard of proof in the revocation process.

Statutes affected:
Introduced Version: 62-12-10