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2020 SPECIAL SESSION I
20200044DBe it enacted by the General Assembly of Virginia:
1. That § 53.1-165.1 of the Code of Virginia is amended as follows:
§ 53.1-165.1. Application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995.
A. The provisions of this article, except §§ 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated
upon a conviction for a felony offense committed on or after January 1, 1995, unless as
otherwise provided in this section. Any
person sentenced to a term of incarceration for a felony offense committed on
or after January 1, 1995, shall not be eligible for parole upon that offense.
B. The provisions of
this article shall apply to any person who was sentenced by a jury prior to
June 9, 2000, for any felony offense committed on or after January 1, 1995, and
who remained incarcerated for such offense on July 1, 2020, other than (i) a
Class 1 felony or (ii) any of the following felony offenses where the victim
was a minor: (a) rape in violation of § 18.2-61; (b) forcible sodomy in
violation of § 18.2-67.1; (c) object sexual penetration in violation of §
18.2-67.2; (d) aggravated sexual battery in violation of § 18.2-67.3; (e) an
attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal
knowledge in violation of § 18.2-63, 18.2-64.1, or 18.2-64.2.
C. Unless as otherwise provided for in this section,The
the Parole Board shall establish procedures for
consideration of parole of persons entitled under
subsection B who were
sentenced to a term of incarceration for a felony
offense committed on or after January 1, 1995,
consistent with the provisions of § 53.1-154.
D. C. Any person who meets
eligibility criteria for parole under subsection
B and pursuant to § 53.1-151 as of
and was sentenced by a jury prior to June 9, 2000, for any felony offense
committed on or after January 1, 1995, and who remained incarcerated for such
offense on July 1, 2020, shall
be scheduled for a parole interview no later than July 1, 2021, allowing for
extension of time for reasonable cause.
E. D. Notwithstanding the provisions of subsection A or
any other provision of this article to the contrary, any person sentenced to a
term of life imprisonment for a single felony or multiple felonies committed
while the person was a juvenile and who has served at least 20 years of such
sentence who is not otherwise
eligible for parole shall be eligible for parole and any
person who has active sentences that total more than 20 years for a single
felony or multiple felonies committed while the person was a juvenile and who
has served at least 20 years of such sentences
who is not otherwise eligible for parole shall be eligible
for parole. The Board shall review and decide the case of each prisoner who is
eligible for parole in accordance with § 53.1-154 and rules adopted pursuant to
subdivision 2 of § 53.1-136.