W. Va. Code R. § 92-2-12

Current through Register Vol. XLI, No. 44, November 1, 2024
Section 92-2-12 - Decision by the Panel
12.1. The Panel may decide the case by:
12.1.a. Finding the accused parolee not guilty of the charges and reinstating the parole; or
12.1.b. Finding the parolee guilty of one or more charges and reinstating the parole with or without additional special conditions; or
12.1.c. Finding the parolee guilty of one or more charges and revoking the parole.
12.1.d. At any time prior to a ruling on a revocation proceeding, the Panel may decide to hold the proceedings in abeyance and release the parolee back to parole supervision for a specified period of time. If in the specified period of time, the parolee abides by his or her terms and conditions of parole, including any additional terms in which the Panel may impose when holding the revocation proceeding abeyance, the revocation proceedings will be dismissed and the parolee shall be allowed to remain on parole. If the parolee should violate further conditions of parole during the abeyance period, the revocation proceeding shall be reconvened and further violation proceedings may be instituted.
12.1.e. Finding the parolee not guilty of the charges or guilty of one or more of the charges and discharge them from supervision; Provided, that all other requirements have been met for the parolee to be eligible for discharge.
12.2. The Panel shall prepare a notice in which it shall state its decision with respect to each charge.
12.2.a. If the Panel finds the parolee guilty of any charge it shall set forth in the notice a description of the evidence it considered in arriving at the finding of guilt.
12.2.b. The Panel need not describe the evidence for those charges of which the parolee was found not guilty.
12.3. If the Panel decides not to revoke parole, it shall send a notice to the parolee, his attorney, the parole officer and the supervisor of parole services, advising of the decision.
12.4. Any person receiving notice of a revocation proceeding pursuant to Section 7.3 shall be given notice of the Panel's decision.

W. Va. Code R. § 92-2-12