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1995 SESSION

LD2024112
HOUSE BILL NO. 2151
Offered January 23, 1995
A BILL to amend and reenact §§ 53.1-161 and 53.1-162 of the Code of Virginia, relating to the arrest and return of a parolee to detention.
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Patrons--Darner and Almand
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Referred to Committee on Health, Welfare and Institutions
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Be it enacted by the General Assembly of Virginia:

1. That §§ 53.1-161 and 53.1-162 of the Code of Virginia are amended and reenacted as follows:

§ 53.1-161. Arrest and return of parolee; warrant; release pending adjudication of violation.

The Chairman or any member of the Board may at any time upon information or a showing of a violation or a probable violation by any parolee of any of the terms or conditions upon which he was released on parole, issue or cause to be issued, a warrant for the arrest and return of the parolee to the institution from which he was paroled, or to any other correctional facility which may be designated by the Chairman or member. However, a determination of whether a parolee returned to a correctional facility pursuant to this section shall be returned to a state or local correctional facility shall be made based on the length of the parolee's original sentence as set forth in § 53.1-20 and whether the parolee has been charged with a new offense. Each such warrant shall authorize all officers named therein to arrest and return the parolee to actual custody in the facility from which he was paroled, or to any other facility designated by the Chairman or member. Any parolee with a sentence of more than two years who has no new additional charges shall be received by the Director of the Department of Corrections into the state corrections system within thirty days of his arrival at a local facility.

In any case in which the parolee is charged with the violation of any law a new offense, the violation of which caused the issuance of such warrant, upon request of the parolee or his attorney, the Chairman or member shall as soon as practicable consider all the circumstances surrounding the allegations of such violation, including the probability of conviction thereof, and may, after such consideration, release the parolee, pending adjudication of the violation charged.

§ 53.1-162. Arrest of parolee without warrant; written statement.

Any probation and parole officer may arrest a parolee without a warrant or may deputize any other officer with power of arrest to do so by a written statement setting forth that the parolee has, in the judgment of the probation and parole officer, violated one or more of the terms or conditions of his parole. Such a written statement by a probation and parole officer delivered to the officer in charge of any state or local correctional facility shall be sufficient warrant for the detention of the parolee in accordance with the provisions of § 53.1-161.

2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $ 809,100.