(a) Any inmate scheduled for a parole interview shall, if he or she desires to continue the interview, file with the institutional parole officer a written waiver of his or her right to an interview on the date set on a form provided by the commissioner of corrections at least thirty days prior to the interview date. A copy of the waiver shall be supplied to the board of parole.
(b) The board shall propose for promulgation a legislative rule pursuant to article three, chapter twenty-nine-a of this code setting forth criteria constituting emergency circumstances where a waiver of interview filed less than thirty days prior to the scheduled interview shall constitute good cause for a continuance.
(c) Any inmate failing to appear for his or her scheduled parole interview who has not waived his or her interview pursuant to subsection (a) or (b) of this section shall be deemed to have waived his or her right to a parole interview for a period of twelve months from the date of the interview at which he or she failed to appear. The panel conducting the interview shall have discretion to reset the interview with notice to the inmate and any other person or persons entitled by law to notice, prior to the expiration of the twelve-month waiver period.
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