West VirginiaWest Virginia sets prison terms and parole waits for homicide
West Virginia law sets prison terms for second-degree murder and voluntary manslaughter, plus minimum waits before supervised release for people whose life sentences allow parole.
What it does
People convicted of second-degree murder face 15–60 years in prison. They must serve at least 15 years before parole, and other parole rules may require a longer wait.
People convicted of voluntary manslaughter face 5–25 years in prison. They must serve at least five years before parole, and other parole rules may require a longer wait.
For life sentences that allow parole, offenses committed on or after July 1, 2026, require a 20-year wait, or 25 years for first-degree murder or two prior felony convictions.
Argument forMinimum prison terms could protect communities by keeping people convicted of homicide in custody during the required waiting periods.
Argument againstRequired parole waits could keep rehabilitated people in prison even when the Parole Board believes they could safely return home.
More detail
Courts must sentence people convicted of second-degree murder to 15–60 years in prison. These rules cover people convicted of second-degree murder in West Virginia. Other parole rules apply if they require more than 15 years in prison. Meeting the waiting period does not guarantee release. The law took effect June 9, 2026.
Courts must sentence people convicted of voluntary manslaughter to 5–25 years in prison. These rules cover people convicted of voluntary manslaughter in West Virginia. Other parole rules apply if they require more than five years in prison. Meeting the waiting period does not guarantee release. The law took effect June 9, 2026.
People serving life sentences that allow parole must serve the required minimum time before release. The 20-year wait covers life sentences that allow parole. The 25-year wait applies to first-degree murder or people previously convicted twice of a felony. First-degree murder allows parole only if the jury recommends mercy or the judge allows parole after a guilty plea. Reaching the minimum time does not guarantee release. These waiting periods apply to offenses committed on or after July 1, 2026.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 25Chapter 98, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 12To Governor 3/12/2026To Governor
- Mar 11Completed legislative action
- Vote recorded Senate concurred in House amendments and passed bill. Result: pass.Upper
- Mar 11Communicated to House
- Mar 11Senate concurred in House amendments and passed bill (Roll No. 420)
- Mar 11House Message received
- Mar 9Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Mar 9Title amendment adopted (Voice vote)
- Mar 9Passed House (Roll No. 361)Passed House
- Mar 9Read 3rd timeMinor
- Mar 9On 3rd reading, Special Calendar
- Mar 6Committee amendment adopted (Voice vote)
- Vote recorded HFA FLANIGAN & MASTERS 3-5 #1. Result: fail.Lower
- Mar 6Amendment rejected (Roll No. 360)Minor
- Mar 6Amendment reported by the Clerk
- Mar 6Read 2nd timeMinor
- Mar 6On 2nd reading, Special Calendar
- Mar 5Read 1st timeMinor
- Mar 5On 1st reading, Special Calendar
- Mar 4With amendment, do passMinor
- Mar 2Markup Discussion
- Jan 27To House JudiciaryMinor
- Jan 27To JudiciaryMinor
- Jan 27Introduced in HouseMinor
- Jan 27House received Senate message
- Jan 23Ordered to House
- Vote recorded Passage. Result: pass.Upper
- Jan 23Passed Senate (Roll No. 7)Passed Senate
- Jan 23Read 3rd timeMinor
- Jan 23On 3rd reading
- Jan 22Read 2nd timeMinor
- Jan 22On 2nd reading
- Jan 21Read 1st timeMinor
- Jan 21On 1st reading
- Jan 20Committee substitute reported
- Jan 14To JudiciaryMinor
- Jan 14Introduced in SenateMinor
- Jan 14To JudiciaryMinor
- Jan 14Filed for introductionIntroduced
Criminal Justice