A. The provisions of this article, except §§ 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.
B. The provisions of this article shall apply to any person who was sentenced by a jury prior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, other than (i) a Class 1 felony or (ii) any of the following felony offenses where the victim was a minor: (a) rape in violation of § 18.2-61; (b) forcible sodomy in violation of § 18.2-67.1; (c) object sexual penetration in violation of § 18.2-67.2; (d) aggravated sexual battery in violation of § 18.2-67.3; (e) an attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal knowledge in violation of § 18.2-63, 18.2-64.1, or 18.2-64.2.
C. The Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B consistent with the provisions of § 53.1-154.
D. Any person who meets eligibility criteria for parole under subsection B and pursuant to § 53.1-151 as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.
E. Notwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence shall be eligible for parole and any person who has active sentences that total more than 20 years for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentences shall be eligible for parole. The Board shall review and decide the case of each prisoner who is eligible for parole in accordance with § 53.1-154 and rules adopted pursuant to subdivision 2 of § 53.1-136.
1994, 2nd Sp. Sess., cc. 1, 2; 2020, cc. 2, 529, 1200, 1272.
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