(a) When a person who is serving a sentence imposed as the result of an offense or offenses committed when he or she was less than eighteen years of age becomes eligible for parole pursuant to applicable provisions of this code, including, but not limited to, section twenty-three, article eleven, chapter sixty-one thereof, the parole board shall ensure that the procedures governing its consideration of the person's application for parole ensure that he or she is provided a meaningful opportunity to obtain release and shall adopt rules and guidelines to do so that are consistent with existing case law.
(b) During a parole hearing involving a person described in subsection (a) of this section, in addition to other factors required by law to be considered by the parole board, the parole board shall take into consideration the diminished culpability of juveniles as compared to that of adults, the hallmark features of youth, and any subsequent growth and increased maturity of the prisoner during incarceration. The board shall also consider the following:
(1) A review of educational and court documents;
(2) Participation in available rehabilitative and educational programs while in prison;
(3) Age at the time of the offense;
(4) Immaturity at the time of the offense;
(5) Home and community environment at the time of the offense;
(6) Efforts made toward rehabilitation;
(7) Evidence of remorse; and
(8) Any other factors or circumstances the board considers relevant.
Structure West Virginia Code
Chapter 62. Criminal Procedure
Article 12. Probation and Parole
§62-12-1. Courts Having Authority to Place Offenders on Probation
§62-12-2. Eligibility for Probation
§62-12-3. Suspension of Sentence and Release on Probation
§62-12-4. Probation of Offenders Convicted in Courts Other Than Courts of Record
§62-12-5. Probation Officers and Assistants
§62-12-6. Powers and Duties of Probation Officers
§62-12-7. Pretrial and Preliminary Investigation; Report on Prospective Probationers
§62-12-8. Record of Order as to Release on Probation
§62-12-9. Conditions of Release on Probation
§62-12-10. Violation of Probation
§62-12-12. Parole Board Generally
§62-12-12a. Parole Board Panels
§62-12-13. Powers and Duties of Board; Eligibility for Parole; Procedure for Granting Parole
§62-12-13a. Eligibility Date for Parole
§62-12-13b. Special Parole Considerations for Persons Convicted as Juveniles
§62-12-13c. Authority of Commissioner to Establish a Nonviolent Offense Parole Program
§62-12-17. Conditions of Release on Probation and Parole
§62-12-18. Period of Parole; Discharge
§62-12-19. Violation of Parole
§62-12-20. To Whom Article Applies
§62-12-21. Repeal of Inconsistent Laws;"director" Construed to Mean "board."
§62-12-22. Appointment of Counsel for Parole Violators; Authority to Appoint; Payment of Counsel
§62-12-24. Request to Continue for Good Cause and Timely Notice Required
§62-12-27. Mandatory Prerelease Risk Assessment of Certain Sex Offenders
§62-12-28. Authorizing Supreme Court to Develop Pilot Pretrial Release Programs