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2023 SESSION
23103530DBe it enacted by the General Assembly of Virginia:
1. That § 53.1-161 of the Code of Virginia is amended and reenacted as follows:
§ 53.1-161. Arrest and return of parolee or felon serving a period of postrelease supervision; warrant; release pending adjudication of violation.
A. The
Chairman or any member of the Board may at any time upon information or a
showing of a violation or a probable violation by any parolee or felon serving a period of postrelease
supervision of any of the terms or conditions upon which he
was released on parole or postrelease period
of supervision, issue,
or cause to be issued, a warrant for the arrest and return of the parolee or felon serving a period of postrelease
supervision to the institution from which he was paroled,
or to any other correctional facility which that may be designated by the
Chairman or member. However, a determination of whether a parolee or felon serving a period of postrelease
supervision returned to a correctional facility pursuant to
this section subsection
shall be returned to a state or local correctional facility shall be made based
on the length of the parolee's original sentence as set forth in § 53.1-20 or the period of postrelease supervision as set at
sentencing. Each such warrant shall authorize all officers
named therein to arrest and return the parolee to actual custody in the
facility from which he was paroled, or to any other facility designated by the
Chairman or member.
In any case in which the parolee or
felon serving a period of postrelease supervision is
charged with the violation of any law, the violation of which caused the
issuance of such warrant, upon request of the parolee or his attorney, the
Chairman or member shall as soon as practicable consider all the circumstances
surrounding the allegations of such violation, including the probability of
conviction thereof, and may, after such consideration, release the parolee,
pending adjudication of the violation charged.
B. Upon information or a showing of a violation or a probable violation by any felon serving a period of postrelease supervision of any of the terms or conditions upon which he was released on a postrelease period of supervision, the circuit court of the sentencing jurisdiction may issue, or cause to be issued, a warrant for the arrest and return of the felon serving a period of postrelease supervision to the institution from which he was released, or to any other correctional facility that may be designated by the circuit court. However, a determination of whether a felon serving a period of postrelease supervision returned to a correctional facility pursuant to this subsection shall be returned to a state or local correctional facility shall be made based on the length of the period of postrelease supervision as set at sentencing. Each such warrant shall authorize all officers named therein to arrest and return the felon to actual custody in the facility from which he was released, or to any other facility designated by the circuit court.
In any case in which the felon serving a period of postrelease supervision is charged with the violation of any law, the violation of which caused the issuance of such warrant, upon request of the felon or his attorney, the circuit court of the sentencing jurisdiction shall as soon as practicable consider all the circumstances surrounding the allegations of such violation, including the probability of conviction thereof, and may, after such consideration, release the felon, pending adjudication of the violation charged.