Probation Rules in West Virginia
In West Virginia, felony probation can last up to 5 years (extended up to 7 years total) and misdemeanor probation up to 2 years. Graduated sanctions limit jail time for supervision violations: 60 days for a first violation, 120 days for a second. Revocation for non-criminal violations requires at least a third violation. Early termination is available when you have satisfactorily complied and supervision is no longer necessary. Standard conditions include reporting, drug testing, employment, and paying restitution.
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Overview
West Virginia uses an indeterminate sentencing system for probation, governed primarily by WV Code 62-12. The West Virginia Division of Corrections and Rehabilitation (DCR) supervises probation through its Community Supervision section. West Virginia implements a graduated sanctions framework that distinguishes between new criminal conduct, special condition violations designed to protect the public or victim, and other supervision condition violations. The state caps incarceration for supervision condition violations at 60 days for a first violation and 120 days for a second, with revocation possible only after a third violation for non-criminal conduct. The total probation period including extensions cannot exceed 7 years.
Quick Answer
In West Virginia, felony probation can last up to 5 years (extended up to 7 years total) and misdemeanor probation up to 2 years. Graduated sanctions limit jail time for supervision violations: 60 days for a first violation, 120 days for a second. Revocation for non-criminal violations requires at least a third violation. Early termination is available when you have satisfactorily complied and supervision is no longer necessary. Standard conditions include reporting, drug testing, employment, and paying restitution.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Felony Probation | Court-ordered supervision for felony convictions, managed by the Division of Corrections and Rehabilitation Community Supervision section. Conditions are set by the sentencing judge under WV Code 62-12-9. | 5 years (may be extended up to 7 years total) |
| Misdemeanor Probation | Supervision for misdemeanor convictions, managed at the county or magistrate court level. Less intensive with conditions appropriate to the offense. | 2 years |
| Home Incarceration (Home Confinement) | Under WV Code 62-11B, eligible offenders may serve their sentence on home confinement with electronic monitoring as an alternative to incarceration. Often combined with probation conditions. | Varies based on sentence |
Probation Conditions
- ✓No Criminal Violations
Do not violate any criminal law during the probation period. This is a mandatory condition under WV Code 62-12-9.
- ✓Report to Probation Officer
Report to your assigned probation officer at scheduled times and locations as directed. Frequency depends on risk level.
- ✓Drug and Alcohol Testing
Submit to random or scheduled drug and alcohol testing. Positive results or refusal constitutes a violation.
- ✓Maintain Employment
Obtain and maintain lawful employment, attend school, or participate in vocational training as directed.
- ✓Do Not Leave the State
Do not leave West Virginia without court consent. Travel within your judicial circuit is generally permitted with officer notification.
- ✓Pay Fines and Restitution
Pay all court-ordered fines, restitution, and supervision fees according to the schedule set by the court.
- ✓No Firearms Possession
Do not possess firearms or dangerous weapons during probation. Mandatory for felony probationers.
- ○Community Service
Complete court-ordered community service hours at approved organizations.
- ○Substance Abuse Treatment
Complete substance abuse evaluation and all recommended treatment programs as directed by the court or probation officer.
- ○No Contact with Minors (If Applicable)
For individuals convicted of certain offenses involving minors, special conditions restricting contact with minors may be imposed under WV Code 62-12-9.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| New Criminal Conduct | Being arrested for or convicted of any new criminal offense (other than minor traffic violations or simple possession). | Under WV Code 62-12-10, if the court finds reasonable cause that the probationer engaged in new criminal conduct, the court may revoke probation and order the sentence to be executed. No graduated sanction limits apply to new criminal conduct. |
| Special Condition Violation | Violating a special condition designed to protect the public or victim, such as a no-contact order, stay-away order, or sex offender registration requirement. | The court may revoke probation and order the sentence to be executed. Like new criminal conduct, special condition violations are not subject to the graduated sanction caps. |
| Supervision Condition Violation (First) | Missing appointments, failing a drug test, violating curfew, failing to maintain employment, or other non-criminal supervision rule violations. | For a first supervision condition violation, the court may impose up to 60 days of confinement. The court may also modify conditions, increase supervision, or order treatment. |
| Supervision Condition Violation (Second and Third) | Repeated technical violations after prior sanctions, continued noncompliance with conditions. | A second violation may result in up to 120 days of confinement. For a third violation of supervision conditions, the judge may revoke probation and execute the original sentence. |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
In West Virginia, probation is a court-ordered sentence served in the community as an alternative to incarceration, supervised by the Division of Corrections and Rehabilitation. Parole is early release from prison granted by the West Virginia Parole Board after serving a portion of a prison sentence. Both are supervised by the same division. Probation conditions are set by the sentencing judge, while parole conditions are set by the Parole Board. West Virginia's graduated sanctions framework applies to both probation and parole violations.
Frequently Asked Questions
- How long can probation last in West Virginia?
- Felony probation can last up to 5 years, with extensions possible up to a total of 7 years. Misdemeanor probation can last up to 2 years.
- Can I get off probation early in West Virginia?
- Yes. Under WV Code 62-12-11, the court may discharge you early if you have satisfactorily complied with all conditions and supervision is no longer necessary.
- What happens if I violate probation in West Virginia?
- For new criminal conduct or special condition violations, the court may revoke probation. For other supervision violations, consequences are graduated: up to 60 days for a first violation, 120 days for a second. Revocation for non-criminal violations requires at least a third violation.
- How many violations before probation is revoked in West Virginia?
- For supervision condition violations (non-criminal), the court cannot revoke probation until at least a third violation. First violations are capped at 60 days confinement, second at 120 days. New criminal conduct or special condition violations can result in revocation at any time.
- Can I travel out of state on probation in West Virginia?
- Only with written permission from your probation officer. Submit a travel request in advance. Permanent relocation requires Interstate Compact processing.
- Do I have to pay supervision fees in West Virginia?
- Yes. Probationers typically pay supervision fees along with court-ordered fines, restitution, and court costs. Financial compliance is considered in early termination decisions.
- Can I possess a firearm on probation in West Virginia?
- No. Felony probationers are prohibited from possessing firearms under state and federal law. Any firearm possession is a serious violation.
- What is home confinement in West Virginia?
- Under WV Code 62-11B, eligible offenders may serve their sentence on home confinement with electronic monitoring. This may be combined with probation conditions and provides an alternative to institutional incarceration.
Take Action — Direct Links
- West Virginia Division of Corrections and Rehabilitation
Official state agency responsible for community supervision, including probation, with office locations and program information.
- WV Code 62-12 - Probation and Parole
Full text of West Virginia's probation and parole statutes, including conditions, violations, and termination.
- WV Code 62-12-9 - Conditions of Probation
Statute detailing mandatory and discretionary conditions of probation release.
- WV Code 62-12-10 - Violation Procedures
Statute governing arrest, hearing, and disposition procedures for probation violations.
- Legal Aid of West Virginia
Free legal assistance for low-income West Virginians with probation-related legal issues.