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2009 SESSION
090289201Be it enacted by the General Assembly of Virginia:
1. That § 53.1-40.01 of the Code of Virginia is amended and reenacted as follows:
§ 53.1-40.01. Conditional release of geriatric, terminally ill, or totally disabled prisoners.
Any person serving a sentence imposed upon a conviction for a
felony offense, other than a Class 1 felony, (i) who has reached the age of
sixty-five or older and who has served at least five years of the sentence
imposed or; (ii) who has reached the age of sixty or older and
who has served at least ten years of the sentence imposed; (iii) who is
terminally ill; or (iv) who is permanently and totally disabled may
petition the Parole Board for conditional release. The Parole Board shall
promulgate regulations to implement the provisions of this section. [ Any
person who is designated terminally ill and granted conditional release shall
be remanded upon a determination that such person has recovered from the
terminal illness or is issued a prognosis which does not estimate death within
six months or less. ]
For purposes of this section:
"Permanently and totally disabled" means unable to engage in any substantial gainful activity by reason of any medically determinable physical impairment or deformity that can be expected to result in death or can be expected to last for the duration of such person's life.
"Terminally ill" means having an illness or sickness where the medical prognosis is the person's death within six months or less.