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HB 5444

Relating to increasing the amount of fees to be paid by parolees for supervision.

2026 Regular Session Introduced by J.B. Akers and 1 co-sponsor

West Virginia increases parolee supervision fees to up to $50/month based on ability to pay, with funds deposited into a new Parolee’s Supervision Fee Fund for supervision costs.

Chapter 80, Acts, Regular Session, 2026
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Bill Summary · HB 5444

Bill Summary: HB 5444 (2026) – West Virginia

Relating to increasing the amount of fees to be paid by parolees for supervision

Status: Enacted into law in 2026 (Governor signed March 11–14, 2026; effective and implemented per statute and fiscal notes)

Jurisdiction: West Virginia
Committee: Judiciary (introduced by Delegates Akers and Flanigan)

Primary Sponsor(s): Delegates J.B. Akers and Bill Flanigan

1) Purpose and Intent

  • The bill increases the monthly supervision fee required from parolees (and other supervised individuals under parole or probation supervision in this state).
  • Goal: raise the maximum fee amount to better defray the costs associated with parole supervision, with the fee set on the parolee’s ability to pay.

Key note: The bill modifies only the permissible monthly fee amount and creates a framework for calculating, collecting, and depositing these fees into a dedicated fund used for supervision costs.

2) Key Provisions and Changes

  • Section amended: §62-12-17 (Conditions of release on probation and parole)
  • New monthly cap for fees: The fee payable by the parolee is based on ability to pay and shall not exceed:
    • Up to $50 per month (previous cap was up to $40 per month)
  • Basis for determining ability to pay (factors): The Division of Corrections and Rehabilitation (DCR) must consider:
    • Current income prospects (including seasonal variations)
    • Parolee’s liquid assets and potential collateral
    • Fixed debts, including taxes and medical expenses
    • Reasonably necessary expenses (child care, transportation, etc.) related to employment
    • Consequences if a waiver or reduction of the fee is denied
  • Administrative and fund management (new fund):
    • All collected fees are recorded and deposited into the Parolee’s Supervision Fee Fund, a special account in the State Treasury.
    • Expenditures from this fund are for parole supervision costs and must follow legislative appropriation processes (not automatically drawn from collections).
    • Excess amounts beyond the fund’s needs may be transferred to other accounts or funds by legislative appropriation.
  • Other capacity and conditions:
    • DCR may impose additional conditions as advisable.
    • DCR may order substance abuse treatment if a standardized risk/needs assessment shows high risk of reoffending and need for treatment.
    • DCR may require reporting to a day report center or community corrections program under certain risk/need conditions, with master agreements for county reimbursement and program-specific rules.

3) Who and What is Affected

  • Parolees and probationers under West Virginia supervision: Those subject to supervision fees as a condition of release or ongoing supervision.
  • Division of Corrections and Rehabilitation (DCR): Responsible for determining ability to pay, collecting fees, maintaining the Parolee’s Supervision Fee Fund, and applying funds to supervision costs.
  • State Treasury/Parolee's Supervision Fee Fund: New dedicated fund to receive all supervision fees.
  • Day report centers and community corrections programs: Potential involvement if mandated as part of supervision; subject to reimbursement arrangements with counties as per the bill.

4) Procedural and Timeline Aspects

  • Effective date and implementation: The bill becomes law following standard legislative signing and publication timelines. (Action history shows swift passage in both chambers prior to the March 2026 signing.)
  • Administrative process:
    • The DCR maintains records of actions and moneys received.
    • Fees are determined using the specified financial factors and updated as needed.
  • Funding and appropriations: Expenditures from the Parolee’s Supervision Fee Fund require appropriation by the Legislature; funds are not automatically expended from collections.
  • Determinants for additional conditions and programs: The DCR may impose substance abuse treatment or day report center requirements based on risk/needs assessments, with corresponding programmatic and reimbursement considerations.

5) Potential Impacts and Implications

  • Financial impact on parolees: Increases the monthly cap from $40 to $50, with payments scaled to ability to pay; affects budgeting for individuals with variable income and living expenses.
  • Budgetary impact for state supervision: Potentially greater revenue to offset costs of parole supervision, enabling expanded or enhanced supervision services within the constrained state budget.
  • Programmatic implications: Possibility of expanded use of day reporting centers or community corrections programs as part of supervision, contingent on risk assessments and appropriations.
  • Accountability and transparency: Creation of a dedicated fund with record-keeping and oversight provisions to ensure proper use of collected fees.

If you’d like, I can provide a plain-language comparison of the new $50 cap versus the prior $40 cap, or a side-by-side section-by-section outline highlighting exact language changes.

Compiled from official sources — confirm details with the bill’s official record.

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