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2019 SESSION
19100876DBe 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 prisoners; exceptions.
Any person serving a sentence imposed upon a conviction for a
felony offense, other than a Class 1 felony,
murder in the first degree in violation of §
18.2-32, or a
violation of clause (ii), (iii), or
(v) of § 18.2-48, §
18.2-61, 18.2-67.1, 18.2-67.2, or
18.2-67.3, subsection B of §
18.2-361, subsection B of § 18.2-366, or § 18.2-370, 18.2-370.1, or 18.2-374.1, (i) who has reached the age of
sixty-five 65 or
older and who has served at least five years of the sentence imposed or (ii)
who has reached the age of sixty 60 or older and who has served
at least ten 10
years of the sentence imposed may petition the Parole Board for conditional
release. The Parole Board shall promulgate regulations to implement the
provisions of this section.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and $0 for periods of commitment to the custody of the Department of Juvenile Justice.