Every person who is sentenced and committed under the laws of the Commonwealth to the Department of Corrections or as provided for in §§ 19.2-308.1, 53.1-152 or § 53.1-153 shall be released on parole by the Virginia Parole Board six months prior to his date of final release. Each person so sentenced or committed, however, shall serve a minimum of three months of his sentence prior to such a release. Persons who are so released on parole shall be subject to a minimum of six months' supervision and an additional period of parole ending on the date upon which the parolee would have served the maximum term of confinement, or any period the Board otherwise deems appropriate in accordance with § 53.1-156. Such persons shall also be subject, for the entire period of parole fixed by the Board, to such terms and conditions prescribed by the Board in accordance with § 53.1-157.
Notwithstanding the provisions of the preceding paragraph, if within thirty days of a release scheduled pursuant to this section, new information is presented to the Board which gives the Board reasonable cause to believe that the release poses a clear and present danger to the life or physical safety of any person, the Board may delay the release for up to six months to investigate the matter and to refer it to law-enforcement, mental health or other appropriate authorities for investigation and any other appropriate action by such authorities.
No person released on parole pursuant to § 53.1-136, and whose parole is subsequently revoked, shall be released on parole pursuant to this section until at least six months have elapsed from the date of the decision revoking his parole. No person released on parole pursuant to this section, whose parole is subsequently revoked, shall thereafter be released on parole pursuant to this section. Final discharge may be extended to require the prisoner to serve the full portion of the term imposed by the sentencing court which was unexpired when the prisoner was released on parole.
For purposes of this section, (i) "maximum term of confinement" means the maximum term of incarceration established by law as punishment for the offense, (ii) "mandatory release date" means that date which is six months prior to the scheduled date of release and takes into consideration good conduct credits, and (iii) "final discharge" and "discharge from parole" mean that a prisoner is released from confinement having satisfied the full term imposed by the sentencing court without regard to good conduct credit. Nothing contained herein shall be construed to create a right or entitlement to parole.
Code 1950, § 53-251.3; 1979, c. 415; 1981, cc. 20, 392; 1982, c. 636; 1985, c. 175; 1987, c. 668; 1991, c. 410; 1994, c. 894.
Structure Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction
Chapter 4 - Probation and Parole
§ 53.1-134. Creation of Parole Board; appointment of members
§ 53.1-135. Chairman; Vice-Chairman of Board
§ 53.1-136. Powers and duties of Board; notice of release of certain inmates
§ 53.1-137. Revocation hearings and subpoenas; penalty for disobeying subpoena or hindering hearing
§ 53.1-138. Access to prisoners; reports of prison officials
§ 53.1-139. Powers and duties of Chairman
§ 53.1-140. Powers and duties of Director of Department
§ 53.1-140.1. Department to provide services
§ 53.1-141. Division into probation and parole districts
§ 53.1-142. Assignments of officers to districts
§ 53.1-143. How officers authorized
§ 53.1-145. Powers and duties of probation and parole officers
§ 53.1-146. Use of officers as to persons convicted of local violations; payment of expenses
§ 53.1-147. Compensation; expenses
§ 53.1-148. Transfer of supervision from one probation officer to another
§ 53.1-149. Arrest of probationer without warrant; written statement
§ 53.1-150. Contributions by persons on parole, probation, and work release
§ 53.1-150.1. Contribution by persons on parole
§ 53.1-151. Eligibility for parole
§ 53.1-152. Eligibility of persons sentenced for combinations of felony and misdemeanor offenses
§ 53.1-153. Eligibility of persons sentenced to jails for more than twelve months
§ 53.1-154. Times at which Virginia Parole Board to review cases
§ 53.1-154.1. Authority of Director to recommend parole review; release upon review
§ 53.1-155. Investigation prior to release; transition assistance
§ 53.1-155.1. Participation in residential community program prior to final release
§ 53.1-156. Period of parole; not counted as part of term
§ 53.1-158. Release of prisoner subject to parole
§ 53.1-159. Mandatory release on parole
§ 53.1-160. Notice to be given upon prisoner release, escape, etc.
§ 53.1-163. Parolee considered as escapee after issuance of warrant
§ 53.1-164. Procedure for return of parolee or felon serving a period of postrelease supervision
§ 53.1-165.1. Limitation on the application of parole statutes
§ 53.1-166. Governor to execute compact
§ 53.1-169. Who may hold hearings; procedures therefor
§ 53.1-170. Rights of parolee or probationer at hearing
§ 53.1-173. Preliminary hearings for out-of-state parolees in Virginia
§ 53.1-174. Preliminary hearings by other states
§ 53.1-175. Revocation of parole by Virginia
§ 53.1-176. Revocation of parole by other states
§ 53.1-176.1. Enactment of the Interstate Compact for the Supervision of Adult Offenders
§ 53.1-176.2. Short title; Governor to execute; form of compact
§ 53.1-176.3. Virginia State Council for Interstate Adult Offender Supervision