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1994 SPECIAL SESSION II

  • | print version

HB 5001 Abolition of parole.

Introduced by: J. Randy Forbes | all patrons    ...    notes | add to my profiles

SUMMARY:

Abolition of parole. Abolishes parole and good conduct allowance and replaces those systems with post-release supervision and earned sentence credits. The bill also creates the Virginia Criminal Sentencing Commission. The Commission, an advisory executive branch agency under the Secretary of Public Safety, is composed of 21 members: four from the House; three from the Senate; one appellate court judge; two circuit court judges; two Commonwealth's attorneys; a sheriff and a police chief; four citizens, including three of whom will be victims of violent crime; the Attorney General; the Secretary of Public Safety; and the Chairman of the Commission (appointed as Chairman by the Governor). The Commission, in its advisory capacity, will develop, maintain, and modify, as necessary, discretionary sentencing guidelines for use in all felony cases and report its work annually to the Governor and the General Assembly. These guidelines will be based on percentage increases of actual time served historical data from the time period 1988 through 1992. After the initial adoption of the sentencing guidelines, the Commission will recommend, in its report, changes in the form of bills introduced for passage to the General Assembly.

The bill authorizes the court to impose additional terms of between six months and three years for felony offenses committed on and after January 1, 1995. These additional terms will be used for periods of post-release supervision. The post-release supervision is much like supervised probation including the use of court-imposed terms and conditions. Violations will subject the supervisee to termination and recommitment procedures as are currently done in revocation of probation and imposition of a suspended sentence. The entire restructuring of sentencing, parole and good time applies to persons who commit crimes on and after January 1, 1995. The former procedures will stay in place for those persons already in the system.


FULL TEXT

AMENDMENTS

HISTORY

  • 09/19/94  House: Presented & ordered printed, prefiled 09/07/94
  • 09/19/94  House: Referred to Committee for Courts of Justice
  • 09/29/94  House: Reported from C. J. with substitute (19-Y 2-N)
  • 09/29/94  House: Constitutional readings dispensed (98-Y 0-N)
  • 09/29/94  House: VOTE: (98-Y 0-N)
  • 09/29/94  House: Committee substitute agreed to
  • 09/29/94  House: Committee substitute printed LD4454112 (HB5001H1)
  • 09/29/94  House: Amendments by Del. Cranwell agreed to
  • 09/29/94  House: Amendments by Del. Mims agreed to
  • 09/29/94  House: Amendment by Del. Scott agreed to
  • 09/29/94  House: Amendment by Del. Wilkins rejected (6-Y 91-N)
  • 09/29/94  House: VOTE: REJECTED (6-Y 91-N)
  • 09/29/94  House: Amendment by Del. Wilkins withdrawn
  • 09/29/94  House: Amendment by Del. Marshall rejected
  • 09/29/94  House: Amendment by Del. Marshall rejected
  • 09/29/94  House: Amendment by Del. Hall rejected
  • 09/29/94  House: Amendments by Del. Robinson agreed to
  • 09/29/94  House: Amendment by Del. Cooper rejected
  • 09/29/94  House: Amendments by Dels. Jackson, Forbes, Croshaw agreed to
  • 09/29/94  House: Amendments by Del. Scott rejected
  • 09/29/94  House: Amendment by Del. Almand agreed to
  • 09/29/94  House: Engrossed by House-committee substitute with amds
  • 09/29/94  House: Printed as engrossed LD4454112 (HB5001E)
  • 09/29/94  House: Motion for pending question agreed to
  • 09/29/94  House: Passed House (88-Y 10-N)
  • 09/29/94  House: VOTE: PASSAGE (88-Y 10-N)
  • 09/29/94  House: Communicated to Senate
  • 09/29/94  Senate: Read first time
  • 09/29/94  Senate: Referred to Committee for Courts of Justice
  • 09/29/94  Senate: Rules suspended (39-Y 0-N)
  • 09/29/94  Senate: VOTE: SUSPEND THE RULES (39-Y 0-N)
  • 09/29/94  Senate: Discharged from Courts of Justice
  • 09/29/94  Senate: Taken up for immediate consideration
  • 09/29/94  Senate: Constitutional readings dispensed
  • 09/29/94  Senate: Reading of substitute waived
  • 09/29/94  Senate: Substitute by Sen. E. M. Holland agreed to
  • 09/29/94  Senate: Floor substitute printed LD3605605 (HB5001S1)
  • 09/29/94  Senate: Engrossed by Senate - floor substitute
  • 09/29/94  Senate: Passed Senate with substitute (34-Y 6-N)
  • 09/29/94  Senate: VOTE: PASSAGE (34-Y 6-N)
  • 09/29/94  House: Senate substitute rejected by House (1-Y 96-N)
  • 09/29/94  House: VOTE: REJECTED (1-Y 96-N)
  • 09/29/94  Senate: Senate insisted on substitute (40-Y 0-N)
  • 09/29/94  Senate: VOTE: INSIST & REQUEST (40-Y 0-N)
  • 09/29/94  Senate: Senate requested conference committee
  • 09/29/94  House: House acceded to request
  • 09/29/94  Senate: Conferees appointed by Senate
  • 09/29/94  Senate: Senators: E. M. Holland, Gartlan, Stolle
  • 09/29/94  House: Conferees appointed by House
  • 09/29/94  House: Delegates: Croshaw, Forbes, Almand
  • 09/30/94  Senate: Reading of conference report waived
  • 09/30/94  Senate: Conference report agreed to by Senate (34-Y 4-N)
  • 09/30/94  Senate: VOTE: ADOPT CONFERENCE REPORT (34-Y 4-N)
  • 09/30/94  House: Conference report agreed to by House (89-Y 7-N)
  • 09/30/94  House: VOTE: ADOPTION (89-Y 7-N)
  • 09/30/94  Conference: Senate substitute rejected by conference committee
  • 09/30/94  Conference: Substitute recommended by conference committee
  • 09/30/94  Conference: Emergency clause added by conference committee
  • 09/30/94  House: Bill text as passed House and Senate (HB5001ER)
  • 09/30/94  House: Conference substitute printed LD6018180 (HB5001H2)
  • 09/30/94  House: Enrolled
  • 09/30/94  House: Signed by Speaker
  • 09/30/94  Senate: Signed by President
  • 10/13/94  Governor: Approved by Governor-Chapter 2 (effective- see bill)
  • 10/13/94  Governor: Acts of Assembly Chapter text (CHAP0002)