A. Whenever any parolee or felon serving a period of postrelease supervision is arrested and recommitted as provided herein, a preliminary hearing to determine probable cause that such parolee has violated one or more of the terms or conditions upon which he was released on parole or postrelease period of supervision shall be held by any hearing officer who has been designated as such by the Director of the Department to conduct such hearings. However, if a nolle prosequi is to be entered in a case where a parole violation is alleged, no preliminary hearing shall be required.
Upon request of the hearing officer, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of such jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in any proceedings held before him. Each attorney so appointed shall be available to serve upon request of the hearing officer. The term of each attorney's appointment shall continue until such time as a successor may be appointed. A hearing officer shall be authorized to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before him and to administer oaths and to take testimony thereunder.
Upon a finding of probable cause by the hearing officer, the Board or its authorized representative shall conduct a hearing, consider the case and act with reference thereto within a reasonable time thereafter. Upon request of the Board, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of that jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in proceedings held or to be held before the Board. Each attorney shall be available to serve upon request of the Board. The term of each attorney's appointment shall continue until such time as a successor may be appointed. The Board, in its discretion, may revoke the parole and order the reincarceration of the prisoner for the unserved portion of the term of imprisonment originally imposed upon him, or it may reinstate the parole either upon such terms and conditions as were originally prescribed, or as may be prescribed in addition thereto or in lieu thereof. When a parole violation is based on a new felony conviction for which the individual has been sentenced to two or more years, excluding any time of said sentence which has been suspended, any individual Board member, so authorized by the Board, may after such hearing revoke the individual's parole as otherwise provided herein.
Upon revocation of parole for any felony offense, the Board or its authorized representative shall order that the Department of Corrections take fingerprints and a photograph of the person for each offense and transmit such information to the Central Criminal Records Exchange pursuant to subsection D of § 19.2-390.
B. In cases in which a parolee or felon serving a period of postrelease supervision is in another state, any hearing officer who has been designated as such by the Director of the Department may be sent to that state to conduct a preliminary hearing to determine probable cause that the parolee has violated one or more of the terms and conditions upon which he was released upon parole.
C. Any attorney-at-law appointed pursuant to this section shall be paid as directed by the court making the appointment, from funds appropriated for court costs and expenses, reasonable compensation on an hourly basis and necessary expenses, based upon a report to be furnished to it by such attorney. In the event an attorney-at-law is appointed in another state, he shall be paid out of funds appropriated to the Department.
Code 1950, § 53-262; 1970, c. 648; 1975, c. 292; 1979, cc. 700, 703; 1982, c. 636; 1985, c. 174; 1986, c. 433; 2000, c. 767; 2019, cc. 782, 783.
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