THE WEST VIRGINIA SURVIVOR PROTECTION & OFFENDER ACCOUNTABILITY ACT


THE WEST VIRGINIA SURVIVOR PROTECTION & OFFENDER ACCOUNTABILITY ACT
The Issue
STATEMENT OF URGENCY: BEYOND THE VERDICT
We, the survivors of West Virginia, bring this petition to your attention not as statistics, but as citizens who have been failed by the “revolving door” of our justice system. For those of us in communities like Fairmont, and across our 55 counties, the discharge of a repeat offender is not the end of a sentence—it is the beginning of a second one for the survivor.[code.wvlegislature]
I. THE “PROTECT OUR CHILDREN” MANDATE
• Life Without Exception: Mandatory sentence of life imprisonment without the possibility of parole for any felony-level physical or sexual crime committed against a minor.
• Elimination of Plea Deals: Prohibit the reduction of charges for child predators; the charge must match the severity of the crime.
II. REPEAT OFFENDER HARD-LINE REFORM
• Consecutive Sentencing: A ban on “concurrent” sentencing. Every crime must carry its own separate time served.
• Zero Parole for Repeat Felons: Any individual convicted of a third violent felony shall be permanently ineligible for parole or “good time” credits.
• Registry Labeling for Accountability: Amend §15-12-2 of the Sex Offender Registration Act to mandate clear public labeling of offenders as “First-Time,” “Repeat” (2+ sex convictions), or “Habitual” (3+ or aggravated), with conviction summaries and federal SORNA tier displayed prominently on the State Police registry. Repeat/habitual offenders require annual risk recertification, ensuring communities know the full threat level.[smart.ojp +1]
III. THE SURVIVOR’S RIGHT TO BE HEARD & NOTIFIED
The state must treat the survivor as a primary stakeholder in the justice process, even years after the trial.
• Mandatory Annual Updates: The Department of Corrections must be legislatively required to contact survivors annually to update their contact information, ensuring no notification is ever missed due to a change in address or phone number.
• Enforced Notification of Release: Survivors must be notified via certified mail and direct contact at least 90 days prior to any scheduled parole hearing or mandatory discharge.
• The “Right to Impact” Mandate: In the event of a parole hearing or a scheduled discharge, survivors must be granted the legal right to submit a written or oral Impact Statement. This statement must be a formal part of the record and considered by the board or the court before release is finalized.
IV. SMALL-TOWN SURVIVOR SAFEGUARDS
• Mandatory Exclusion Zones: Discharged violent offenders must be legally barred from residing in the same county as the survivor, or within a 50-mile radius.
• The “Survivor Resource Fund”: State-funded relocation assistance and mental health services for survivors whose offenders are being released back into the community.
• Permanent Lifetime Protection: Protection orders for violent offenses must be lifetime mandates, removing the burden of periodic renewal.
V. SYSTEMIC TRANSPARENCY
• No-Bail for High-Risk Charges: Mandatory pre-trial detention for any individual charged with a crime against a minor or a third violent felony.
• Legal Advocacy: Guarantee survivors access to a state-funded advocate to help them prepare their impact statements and navigate the notification system.
CLOSING STATEMENT
Justice is not served if the survivor is left in the dark. We demand a system that remembers the victim long after the cameras leave the courtroom. We call upon the West Virginia Legislature to ensure that survivors are notified, heard, and protected for as long as the threat exists.

303
The Issue
STATEMENT OF URGENCY: BEYOND THE VERDICT
We, the survivors of West Virginia, bring this petition to your attention not as statistics, but as citizens who have been failed by the “revolving door” of our justice system. For those of us in communities like Fairmont, and across our 55 counties, the discharge of a repeat offender is not the end of a sentence—it is the beginning of a second one for the survivor.[code.wvlegislature]
I. THE “PROTECT OUR CHILDREN” MANDATE
• Life Without Exception: Mandatory sentence of life imprisonment without the possibility of parole for any felony-level physical or sexual crime committed against a minor.
• Elimination of Plea Deals: Prohibit the reduction of charges for child predators; the charge must match the severity of the crime.
II. REPEAT OFFENDER HARD-LINE REFORM
• Consecutive Sentencing: A ban on “concurrent” sentencing. Every crime must carry its own separate time served.
• Zero Parole for Repeat Felons: Any individual convicted of a third violent felony shall be permanently ineligible for parole or “good time” credits.
• Registry Labeling for Accountability: Amend §15-12-2 of the Sex Offender Registration Act to mandate clear public labeling of offenders as “First-Time,” “Repeat” (2+ sex convictions), or “Habitual” (3+ or aggravated), with conviction summaries and federal SORNA tier displayed prominently on the State Police registry. Repeat/habitual offenders require annual risk recertification, ensuring communities know the full threat level.[smart.ojp +1]
III. THE SURVIVOR’S RIGHT TO BE HEARD & NOTIFIED
The state must treat the survivor as a primary stakeholder in the justice process, even years after the trial.
• Mandatory Annual Updates: The Department of Corrections must be legislatively required to contact survivors annually to update their contact information, ensuring no notification is ever missed due to a change in address or phone number.
• Enforced Notification of Release: Survivors must be notified via certified mail and direct contact at least 90 days prior to any scheduled parole hearing or mandatory discharge.
• The “Right to Impact” Mandate: In the event of a parole hearing or a scheduled discharge, survivors must be granted the legal right to submit a written or oral Impact Statement. This statement must be a formal part of the record and considered by the board or the court before release is finalized.
IV. SMALL-TOWN SURVIVOR SAFEGUARDS
• Mandatory Exclusion Zones: Discharged violent offenders must be legally barred from residing in the same county as the survivor, or within a 50-mile radius.
• The “Survivor Resource Fund”: State-funded relocation assistance and mental health services for survivors whose offenders are being released back into the community.
• Permanent Lifetime Protection: Protection orders for violent offenses must be lifetime mandates, removing the burden of periodic renewal.
V. SYSTEMIC TRANSPARENCY
• No-Bail for High-Risk Charges: Mandatory pre-trial detention for any individual charged with a crime against a minor or a third violent felony.
• Legal Advocacy: Guarantee survivors access to a state-funded advocate to help them prepare their impact statements and navigate the notification system.
CLOSING STATEMENT
Justice is not served if the survivor is left in the dark. We demand a system that remembers the victim long after the cameras leave the courtroom. We call upon the West Virginia Legislature to ensure that survivors are notified, heard, and protected for as long as the threat exists.

303
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Petition created on April 1, 2026