Bill Text: VA HB392 | 2012 | Regular Session | Prefiled
Bill Title: Parole; eligibilty for certain inmates otherwise ineligible.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-14 - House: Left in Militia, Police and Public Safety [HB392 Detail]
Download: Virginia-2012-HB392-Prefiled.html
12100294D Be it enacted by the General Assembly of Virginia: 1. That §53.1-151 of the Code of Virginia is amended and reenacted as follows: §53.1-151. Eligibility for parole. A. Except as herein otherwise provided, every person convicted of a felony and sentenced and committed by a court under the laws of this Commonwealth to the Department of Corrections, whether or not such person is physically received at a Department of Corrections facility, or as provided for in §19.2-308.1: 1. For the first time, shall be eligible for parole after
serving one-fourth of the term of imprisonment imposed, or after serving 2. For the second time, shall be eligible for parole after
serving one-third of the term of imprisonment imposed, or after serving 3. For the third time, shall be eligible for parole after
serving one-half of the term of imprisonment imposed, or after serving 4. For the fourth or subsequent time, shall be eligible for
parole after serving three-fourths of the term of imprisonment imposed, or
after serving For the purposes of subdivisions 2, 3 and 4 The Department of Corrections shall make all reasonable efforts to determine prior convictions and commitments of each inmate for the enumerated offenses. B. Persons sentenced to die shall not be eligible for parole. Any person sentenced to life imprisonment who escapes from a correctional facility or from any person in charge of his custody shall not be eligible for parole. B1. Any person convicted of three separate felony offenses of
(i) murder, (ii) rape or (iii) robbery by the presenting of firearms or other
deadly weapon, or any combination of the offenses specified in The Parole Board shall consider a petition for reconsideration of ineligibility for parole in the case of a person whose parole eligibility is determined under this subsection and who (a) was convicted only of robbery, (b) did not injure or attempt to injure any person, (c) did not have assistance of counsel in preparing a petition for review of ineligibility previously considered on the merits under this provision, (d) has been continuously confined for at least 15 years, and (e) has a record of good conduct during confinement. For purposes of application of this subsection only, the Parole Board, in its discretion, may determine that multiple offenses constitute parts of a common scheme or plan if those offenses occurred within a period of 12 weeks or less. The Parole Board shall promulgate regulations to implement the provisions of this subsection. B2. Any person convicted of three separate felony offenses of manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a controlled substance, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in this section between each conviction, shall not be eligible for parole. C. Any person sentenced to life imprisonment for the first
time shall be eligible for parole after serving D. A person who has been sentenced to two or more life sentences,
except a person to whom the provisions of subsection B1, B2, or E of this
section are applicable, shall be eligible for parole after serving E. A person convicted of an offense and sentenced to life imprisonment after being paroled from a previous life sentence shall not be eligible for parole. E1. Any person who has been convicted of murder in the first
degree, rape in violation of §18.2-61, forcible sodomy, animate or inanimate
object sexual penetration or aggravated sexual battery and who has been
sentenced to a term of years shall, upon a first commitment to the Department
of Corrections, be eligible for parole after serving two-thirds of the term of
imprisonment imposed or after serving F. If the sentence of a person convicted of a felony and sentenced to the Department is partially suspended, he shall be eligible for parole based on the portion of such sentence execution which was not suspended. G. The eligibility time for parole as specified in subsections A, C and D of this section may be modified as provided in §§53.1-191, 53.1-197 and 53.1-198. H. The time for eligibility for parole as specified in subsection D of this section shall apply only to those criminal acts committed on or after July 1, 1976. I. The provisions of subdivisions 2, 3 and 4 of subsection A shall apply only to persons committed to the Department of Corrections on or after July 1, 1979, but such persons' convictions and commitments shall include all felony convictions and commitments without regard to the date of such convictions and commitments. |