W. Va. Code R. § 90-2-3

Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-2-3 - Exemptions or Reductions of Supervision Fees
3.1. The Division of Corrections may approve individual requests for exemption from or reduction of monthly supervision fees.
3.2. The parolee or probationer desiring an exemption from or reduction of the monthly supervision fee must submit a written request to his or her parole officer. The parole officer will forward the request along with his or her comments, personal knowledge of the individual's circumstances, and recommendation to Director of Parole Services within five (5) working days of receipt of the request. The parolee or probationer's request must state whether he or she is applying for an exemption or a reduction and the amount of the reduction requested. The request must outline the parolee or probationer's current income or income prospects, liquid assets in his or her possession, fixed debts and obligations, including federal, state, and local taxes, medical expense, child care, transportation and expenses necessary for employment, age or physical infirmity of resident family members, and the consequences for the individual if the exemption or the reduction of the fee is denied. All exemptions or reductions are prospective unless otherwise specified.
3.3. The parolee or probationer's request will be evaluated and approved, or denied, by the Director of Parole Services or his or her designee. If denied, the parolee or probationer may submit an appeal of the decision to the Commissioner for final decision.
3.4. If the request for exemption or reduction is approved, the deciding official will notify the parolee or probationer that the exemption or reduction is only valid as long as the circumstances under which it was granted remain the same. The parolee or probationer must advise his or her parole officer when these circumstances change. In any event, the reduction or exemption expires four (4) months after approval and the parolee or probationer must reapply if another exemption or reduction is needed.
3.5. Parolees or probationers approved for an exemption may be required to perform twenty (20) hours of community service work per month by his or her parole officer in lieu of paying the monthly supervision fee.

W. Va. Code R. § 90-2-3