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2020 SPECIAL SESSION I
20200163DBe 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 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 and such condition renders the person no longer a threat to society.
"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.