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2023 SESSION
23101466DBe it enacted by the General Assembly of Virginia:
1. That §§ 53.1-136, 53.1-154, and 53.1-155 of the Code of Virginia are amended and reenacted as follows:
§ 53.1-136. Powers and duties of Board; notice of release of certain inmates.
In addition to the other powers and duties imposed upon the Board by this article, the Board shall:
1. Adopt, subject to approval by the Governor, general rules governing the granting of parole and eligibility requirements, which shall be published and posted for public review;
2. Adopt, subject to approval by the Governor, rules providing for the granting of parole to those prisoners who are eligible for parole pursuant to § 53.1-165.1 on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders;
3. a. Release on parole for such time and upon such terms and
conditions as the Board shall prescribe,
persons convicted of felonies and confined under the laws of the Commonwealth
in any correctional facility in Virginia when those persons become eligible and
are found suitable for parole, according to those rules adopted pursuant to
subdivisions 1 and 2. No
decision to grant discretionary parole shall be made by the Board unless such decision
was discussed and debated at a meeting at which all Board
members were present. If the Board grants
discretionary parole to an inmate, each Board member shall identify his
reasoning for such decision at the time such
member's vote is cast;
b. Establish the conditions of postrelease supervision authorized pursuant to § 18.2-10 and subsection A of § 19.2-295.2;
c. Notify the Department of Corrections of its decision to grant discretionary parole or conditional release to an inmate. The Department of Corrections shall set the release date for such inmate no sooner than 30 business days from the date that the Department of Corrections receives such notification from the Chairman of the Board, except that the Department of Corrections may set an earlier release date in the case of an inmate granted conditional release pursuant to § 53.1-40.02. In the case of an inmate granted parole who was convicted of a felony and sentenced to a term of 10 or more years, or an inmate granted conditional release, the Board shall notify the attorney for the Commonwealth in the jurisdiction where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate's release that such inmate has been granted discretionary parole or conditional release pursuant to § 53.1-40.01 or 53.1-40.02 or (ii) by telephone or other electronic means prior to such inmate's release that such inmate has been granted conditional release pursuant to § 53.1-40.02 where death is imminent. Nothing in this section shall be construed to alter the obligations of the Board under § 53.1-155 for investigation prior to release on discretionary parole;
d. Provide that in any case where a person who is released on parole or postrelease supervision has been committed to the Department of Behavioral Health and Developmental Services under the provisions of Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 the conditions of his parole or postrelease supervision shall include the requirement that the person comply with all conditions given him by the Department of Behavioral Health and Developmental Services and that he follow all of the terms of his treatment plan;
4. Revoke parole and any period of postrelease and order the reincarceration of any parolee or felon serving a period of postrelease supervision or impose a condition of participation in any component of the Statewide Community-Based Corrections System for State-Responsible Offenders (§ 53.1-67.2 et seq.) on any eligible parolee, when, in the judgment of the Board, he has violated the conditions of his parole or postrelease supervision or is otherwise unfit to be on parole or on postrelease supervision;
5. Issue final discharges to persons released by the Board on parole when the Board is of the opinion that the discharge of the parolee will not be incompatible with the welfare of such person or of society. Final discharges shall be granted only upon approval by a majority of Board members. The Board shall publish an annual report regarding final discharges issued by the Board during the previous 12 months. The report shall include (i) the name of each prisoner granted final discharge, (ii) the offense of which the prisoner was convicted; (iii) the jurisdiction in which such offense was committed, (iv) the length of the prisoner's sentence and the date such sentence was imposed, (v) the amount of time the prisoner has been on parole or postrelease supervision in the community, (vi) the basis for the final discharge, and (vii) the vote of each Board member;
6. Make investigations and reports with respect to any commutation of sentence, pardon, reprieve or remission of fine, or penalty when requested by the Governor;
7. Publish a statement regarding the action taken by the Board on the parole of prisoners within 30 days of such action. The statement shall list (i) the name of each prisoner considered for parole, (ii) the offense of which the prisoner was convicted, (iii) the jurisdiction in which such offense was committed, (iv) the length of the prisoner's sentence and the date such sentence was imposed, (v) the amount of time the prisoner has served, (vi) whether the prisoner was granted or denied parole, and (vii) the basis for the grant or denial of parole. However, in the case of a prisoner granted parole, the information set forth in clauses (i) through (vii) regarding such prisoner shall be included in the statement published in the month immediately succeeding the month in which notification of the decision to grant parole was given to the attorney for the Commonwealth and any victims; and
8. Ensure that each person eligible for parole receives a timely and thorough review of his suitability for release on parole, including a review of any relevant post-sentencing information. If parole is denied, the basis for the denial of parole shall be in writing and shall give specific reasons for such denial to such inmate.
§ 53.1-154. Times at which Virginia Parole Board to review cases.
The Virginia Parole Board shall by regulation divide each
calendar year into such equal parts as it may deem appropriate to the efficient
administration of the parole system. Unless there be is reasonable cause for
extension of the time within which to review and decide a case, the Board shall
review and decide the case of each prisoner no later than that part of the
calendar year in which he becomes eligible for parole, and at least annually
thereafter, until he is released on parole or discharged, except that upon any
such review the Board may schedule the next review as much as three years
thereafter, provided there are ten 10 years or more or life
imprisonment remaining on the sentence in such case. Such reviews shall
include a live interview of the prisoner by a
Board member or a staff member designated by the Board.
Such interviews may be conducted in person or by videoconference or
telephone at the discretion of the Board. Absent imminent
death of the prisoner or other extraordinary
circumstances, which shall be documented by the Board in the prisoner's file,
the Board shall not grant parole to any prisoner
who has not received a live interview within the
prior calendar year. Notwithstanding any other provision of
this article, in the case of a parole revocation, if such person is otherwise
eligible for parole, the Board shall review and decide his case no later than
that part of the calendar year one year subsequent to the part of the calendar
year in which he was returned to a facility as provided in § 53.1-161.
Thereafter, his case shall be reviewed as specified in this section. The Board,
in addition, may review the case of any prisoner eligible for parole at any
other time and may review the case of any prisoner prior to that part of the
year otherwise specified. In the discretion of the Board, interviews may be
conducted by the Board or its representatives and may be either public or
private.
§ 53.1-155. Investigation prior to release; transition assistance.
A. No person shall be released on parole by the Board until a thorough investigation has been made into the prisoner's history, physical and mental condition, and character and his conduct, employment, and attitude while in prison. The Board shall also determine that his release on parole will not be incompatible with the interests of society or of the prisoner. The provisions of this section shall not be applicable to persons released on parole pursuant to § 53.1-159.
B. An investigation conducted pursuant to this section shall
include notification that a victim may submit to the Virginia Parole Board
evidence concerning the impact that the release of the prisoner will have on
such victim. This notification shall be sent to the last address provided to the
Board by any victim of a crime for which the prisoner was incarcerated. If
additional victim research is necessary, electronic notification shall be sent
to the attorney for the Commonwealth and the director of the victim/witness
program, if one exists, of the jurisdiction in which the offense occurred. The
Board shall endeavor diligently to contact
the victim prior to making any decision to release any inmate on discretionary
parole. The victim of a crime for which the prisoner is incarcerated may
present to the Board oral, including by virtual
means, or written testimony concerning the impact that the
release of the prisoner will have on the victim, and the Board shall consider
such testimony in its review. Once testimony is submitted by a victim, such testimony
shall remain in the prisoner's parole file and shall be considered by the Board
at every parole review. The victim of a crime for which the prisoner is
incarcerated may submit a request in writing or by electronic means to the
Board to be notified of (i) the prisoner's parole eligibility date and
mandatory release date as determined by the Department of Corrections, (ii) any
parole-related interview dates, and (iii) the Board's decision regarding parole
for the prisoner. The victim may request that the Board only notify the victim
if, following its review, the Board is inclined to grant parole to the
prisoner, in which case the victim shall have
forty-five 45
days to present written or oral testimony for the Board's consideration. If the
victim has requested to be notified only if the Board is inclined to grant
parole and no testimony, either written or oral, is received from the victim
within at least forty-five 45 days of the date of the
Board's notification, the Board shall render its decision based on information
available to it in accordance with subsection A. The definition of victim in §
19.2-11.01 shall apply to this section.
Although any information presented by the victim of a crime for which the prisoner is incarcerated shall be retained in the prisoner's parole file and considered by the Board, such information shall not infringe on the Board's authority to exercise its decision-making authority.
C. Notwithstanding the provisions of subsection A, if a
physical or mental examination of a prisoner eligible for parole has been
conducted within the last twelve 12 months, and the prisoner
has not required medical or psychiatric treatment within a like period while
incarcerated, the prisoner may be released on parole by the Parole Board
directly from a local correctional facility.
The Department shall offer each prisoner to be released on parole or under mandatory release who has been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a transition program within six months of such prisoner's projected or mandatory release date. The program shall include advice for job training opportunities, recommendations for living a law-abiding life, and financial literacy information. The Secretary of Public Safety and Homeland Security shall prescribe guidelines to govern these programs.