A parole release hearing is held by members of the state Parole Board to decide if a parole-eligible person should be released from prison and placed under parole supervision. This hearing is sometimes called a “parole interview” or “parole eligibility hearing.”

This hearing is different from a parole revocation hearing, which is a hearing to determine if a person has violated the terms of their parole supervision.  

One main difference between the two types of hearings is that a person has a right to a lawyer in the revocation hearing, which means that a lawyer is automatically assigned to represent a person facing a revocation hearing.

But people are not entitled to a lawyer in parole release hearings, and most hearings take place without a lawyer present.

The contents of this guide address parole release hearings but do not address parole revocation hearings.

The West Virginia Parole Board is an agency of the Department of Homeland Security, which also oversees the Division of Corrections and Rehabilitation (DCR), the West Virginia State Police, and other state agencies.

The Parole Board has nine full-time members who are appointed by the Governor and serve six-year terms.

West Virginia law requires Parole Board members to have a college degree or five years of work experience in one of the following fields: corrections, law enforcement, sociology, law, education, psychology, social work, medicine, mental health, or reentry services for people leaving jail or prison.

As of September 2024, the Parole Board members and substitute members were:

1. Benita F. Murphy, Chairperson
2. Edward E. Wooton, Vice-chairperson
3. Ralph D. Miller
4. Cedric R. Robertson
5. David P. Reider
6. Jack G. Roop
7. Harold L. Hughes
8. Travis W. Foreman
9. Elizabeth K. Brown

Substitutes:

1. Mary Downey
2. Leighann Davidson
3. Gary Gaskins
4. John Sines

Parole release hearings are not held in front of the entire Parole Board. Instead, these hearings are conducted by a “panel” of three Parole Board members. The decisions of the panel are considered the decisions of the Parole Board.

The panel changes regularly, so a person who is eligible for parole will not know which Board members will be on the panel assigned to their hearing. Each panel has a designated Lead Interviewer who leads the hearing process and makes decisions about hearing motions, procedure, and evidence.  

While a typical panel has three Parole Board members, the Parole Board rules state that two members is enough for official business to move forward.

General rules for the Parole Board are found in the West Virginia Code, which is a compilation of our state’s laws. The code is organized into different “chapters” (think: categories) and “articles” (think: sub-categories). You can find the Parole Board laws in Chapter 62 (Criminal Procedure), Article 12 (Probation and Parole).

Starting with West Virginia Code 62-12-12, the code lays out a series of general rules about who can be on the Parole Board, how parole eligibility is determined, hearing procedures, and more.

The code also gives the Parole Board the power to make more specific rules, which are called “administrative rules” and found in the West Virginia Code of State Rules (CSR). You can find these administrative rules in Procedural Rules of the West Virginia Parole Board Eligibility, Decisions and Discharge, 92 CSR 1.

These administrative rules will be the best guide to understanding what the Board is required to do in parole eligibility hearings. 

Parole release hearings are open to the public, but the rules allow “restrictions on attendance…at the Board’s discretion.”

A person who is eligible for release has a right to have witnesses testify on their behalf. Also, loved ones and friends may “attend” the hearing by telephone. It is important to note that witnesses and supporters must coordinate with the prison beforethe hearing if they want to testify or listen to the hearing. To learn more, register above to receive a copy of the CCC Guide, How Do I Help My Loved One Prepare for Their Parole Release Hearing?.

For certain convictions, DCR must notify victims of the hearing and their right to give testimony at least 45 days prior to the hearing. Convictions that require a 45-day notice of parole release hearing are:

• Aggravated robbery
• Arson
• Child neglect resulting in injury
• Child abuse resulting in injury
• Kidnapping
• Murder
• Sexual assault in the first or second degree
• Sexual offense against a minor

For all convictions, any victim who is registered with DCR to receive parole hearing notifications will be given notice of a parole release hearing at least 10 days prior to the hearing.

According to West Virginia State Code of Rules 92-1-2, a victim is any of the following:

• “A victim of a felony”
• One “whose death occurs during the commission of a felony or misdemeanor”
• “A member of the deceased victim’s immediate family”
• “The fiduciary of the deceased victim’s estate”
• “An adult household member residing with the victim”

Note: Victims and supporters do not access the parole release hearing through the videoconference link used by the Parole Board members and person who is incarcerated. Instead, victims and supporters join the hearing via a separate telephone line. Learn more by contacting DCR’s Victim Services Manager at 304-558-2036, Ext. 24733.

The Parole Board has stopped holding in-person release hearings. Instead, the person eligible for parole will be brought into a “hearing room” at their facility where they will videoconference with the panel of Parole Board members.

Parole Board hearings are audio recorded, so the lead interviewer will begin by stating information for the record: the date, time, prison facility, and the names of the Parole Board members on the panel.

The lead interviewer may ask the eligible person to confirm their name, date of birth, and offender identification (OID) number. The lead interviewer may also verify that the eligible person received a copy of the Presentence Investigation Report.

Sometimes the lead interviewer on the panel will ask who else is present to give testimony. These folks, who are only allowed to appear by telephone, may include victims, supporters of the eligible person, or other community members.

The heart of the parole release hearing is a series of questions directed to the eligible person. These questions will vary based on the questioner, but some common themes are:

• Specific details of the crime of conviction. For these questions, the panel relies on the State’s version of events, contained in the PSI (presentence investigation report);
• A person’s criminal system record prior to the crime of conviction, as well as any previous criminal system supervision (e.g., parole, probation, home confinement, etc.);
• Whether a person feels remorse for their actions;
• The details of a release plan, including the home plan and the eligible person’s plans for employment, education, or training programs;
• The classes and programs completed in prison, as well as any work assignments or special responsibilities held; and
• The details of any “write-ups” or violations of prison rules.

The lead interviewer will invite the person to give a statement about why they should be released. This is another chance to address a person’s remorse, their growth and development in prison, and how their release plans will help them adjust well after release.

It is important to know that there is no set procedure for the hearing and so these parts of the hearing can happen in any order decided by the panel.

After the panel has asked all their questions, the eligible person has made their statement, and the witnesses/victims have testified, the panel may ask the eligible person if they feel everything has been covered. If the answer is yes, the panel will go off the line to discuss the hearing and vote on their decision. When the panel returns to the hearing, they will announce their decision regarding release and may (or may not) state reasons supporting their decision.

Parole release hearings vary in length. Some may last 10 minutes; others may last 20-30 minutes.

According to West Virginia State Code of Rules 92-1-5, the panel may consider any of the following documents:

1. The Regular Case Parole Guidelines form, which creates a guideline score based on the crime of conviction, a person’s risk and case management assessment, whether a person has completed mandatory programs, and recent disciplinary violations;
2. A risk and case management assessment called the LS/CMI, usually completed by DCR staff when a person enters a prison;
3. A criminal history report provided by the West Virginia State Police or U.S. Department of Justice;
4. DCR reports about work record; participation in therapeutic, treatment, and educational programs; and overall conduct;
5. DCR discipline reports, including all Class I or Class II violations and the sanctions imposed;
6. Reports of physical, mental, or psychiatric examinations conducted by DCR or other appropriate experts;
7. Written sentiment submitted by victims, law enforcement officers, prosecuting attorneys, judges, or other public officials and citizens from the county where the individual was sentenced or from the community in which the individual resided;
8. A written description of the facts and circumstances of the crime(s) for which the individual has been convicted and is currently incarcerated;
9. Previous supervision history and violations while under probation, parole, or home confinement supervision; and
10. A home plan approved by Parole Services.

The panel may not hold a hearing until the Regular Case Parole Guidelines form (No. 1) is available.

The panel may hold a release hearing without the remaining documents (Nos. 2-9), so long as all panel members sign a written statement with the reasons they decided to hold the hearing without the document(s).

West Virginia Code of State Rules 92-1-6 requires the panel to consider the following factors:

• The “evidence-based” factors covered in the Regular Case Parole Guidelines form;
• Whether the eligible person “has satisfactorily participated in institutional education, work, therapeutic or treatment programs, and has complied with the recommendations of the IRPP;”
• Whether a person had been on supervision in the past (home confinement, day report, parole, probation), and if so, how they did under supervision and the circumstances of any violations;
• Sentiment by community members, victim(s), and people who work in the criminal legal system (sentencing judge, prosecutor, DCR official reports);
• The facts and circumstances of the crime of conviction;
• A person’s “demeanor” and “the attitudes expressed with regard to prior criminal behavior, to social morals and law;”
• The results of any available physical, mental, or psychological/psychiatric examinations;
  • Note: psychological exams must be completed for people convicted of sexual offenses.
• Prior criminal record;
• Any new criminal convictions or Class I or Class II disciplinary violations while incarcerated; and
• Any other factor that indicates whether the person “constitutes a reasonable risk to safety or property if released on parole.”

The Parole Board is supposed to consider both positive and negative factors in the above areas and “not confine its inquiry to particular areas to the exclusions of others.” 

According to Parole Board rules, the panel must evaluate all of these factors to determine whether the eligible person can act in a lawful manner if released and “whether release is in the best interests of society considering public safety and rehabilitation goals.”

According to West Virginia Code of State Rules § 92-1-6, when interviewing people convicted of crimes committed while they were children, the Parole Board must consider additional factors:

1. Educational and court documents;
2. Participation in rehabilitative and educational programming during incarceration;
3. At the time of the offense, the person’s age, immaturity, and their home and community environments;
4. Efforts made toward rehabilitation;
5. Evidence of remorse; and
6. Any other factors or circumstances the Board considers relevant.

If a person is denied release, they are entitled to another release hearing no more than 12 months after the first hearing. However, if a person is serving a “Life with Mercy” sentence, the Board may schedule the next parole hearing up to 36 months after the denial.

Sign up above to receive our guides about parole release hearings!

 We will email you a copy of How Do I Help My Loved One Prepare for Their Parole Release Hearing?. This guide contains specific information about helping your loved one create a release plan and how to demonstrate your loved one’s community support to the Parole Board.

If you check the box, the CCC will mail your loved one a copy of Preparing for Parole Release Hearings: A Guide for People in West Virginia Prisons. This guide has information about parole release hearings, copies of Parole Board rules and forms, suggestions for creating an individualized release plan, and tips on how to prepare for the hearing itself.

Packets will go out within five days of your sign-up, excluding weekends and holidays.