VIRGINIA LAW PORTAL

• Code of Virginia
• Virginia Administrative Code
• Constitution of Virginia
• Charters
• Authorities
• Compacts
• Uncodified Acts
• RIS Users (account required)

SEARCHABLE DATABASES

• Bills & Resolutions
  session legislation
• Bill Summaries
  session summaries
• Reports to the General Assembly
  House and Senate documents
• Legislative Liaisons
  State agency contacts

ACROSS SESSIONS

• Subject Index: Since 1995
• Bills & Resolutions: Since 1994
• Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

1995 SESSION

• history | hilite | pdf | print version

LD1534825
SENATE BILL NO. 417 Offered January 25, 1994 A BILL to amend and reenact § 53.1-161 of the Code of Virginia, relating to parole revocation. ----------
Patrons--Goode, Cross and Robb; Delegates: Almand, Armstrong, Ball, Copeland, Cunningham, Reynolds and Woodrum
---------- Referred to the Committee on Rehabilitation and Social Services ----------

Be it enacted by the General Assembly of Virginia:

1. That § 53.1-161 of the Code of Virginia is 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 ultimately returned to a state or local correctional facility shall be made based on (i) the length of the parolee's original sentence as set forth in § 53.1-20 and (ii) the reason for parole revocation. 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. In any event, a parolee with a sentence of more than two years who has not been charged with a new crime must be received by the Director within sixty days following the hearing resulting in parole revocation.

In any case in which the parolee is charged with the violation of any law, 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.

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 $796,220.