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2021 SESSION
21101354DBe 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. The Unless as otherwise provided in this section,
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.