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2019 SESSION
19104125DBe 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 permanently physically disabled prisoners.
A. As used in this section:
"Permanently physically disabled" means having a chronic or progressive medical condition caused by injury, disease, or illness that renders a person permanently and irreversibly physically disabled.
"Terminally ill" means having a chronic or progressive medical condition caused by injury, disease, or illness where the medical prognosis is the person's death within 12 months.
B. 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 is 65 years
of age or older and who has served at least five years of
the sentence imposed or, (ii) who has
reached the age of sixty is 60 years
of age or older and who has served at least ten 10
years of the sentence imposed may petition, (iii) who is terminally
ill, or (iv) who is
permanently physically disabled is eligible for consideration by
the Parole Board for conditional release. The Parole Board shall promulgate
regulations to implement the provisions of this section.