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2020 SESSION
20104264DBe 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.
Any person serving a sentence imposed upon a conviction for a
felony offense, other than (i)
a Class 1 felony, (ii) if the offense
was committed on or after July 1, 2020, murder in the first degree in violation
of § 18.2-32, or (iii) if the offense was committed on or after July 1, 2020, a
sexually violent offense as defined in § 37.2-900, (i) (a)
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) (b) 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 exclusion set forth in clause (iii) shall not
apply to any person who is serving a life sentence for any crime other than
homicide and who was under the age of
18 at the time of the commission of the offense. 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.