Bill Text: VA HB435 | 2022 | Regular Session | Engrossed
Bill Title: Parole Board; powers and duties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2022-02-18 - Passed by indefinitely in Rehabilitation and Social Services (8-Y 7-N) [HB435 Detail]
Download: Virginia-2022-HB435-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That §§53.1-154 and 53.1-155 of the Code of Virginia are amended and reenacted as follows:
§53.1-154. Times at which Virginia Parole Board to review cases.
The Virginia Parole Board shall by regulation divide each
calendar year into such equal parts as it may deem appropriate to the efficient
administration of the parole system. Unless there be reasonable cause for
extension of the time within which to review and decide a case, the Board shall
review and decide the case of each prisoner no later than that part of the
calendar year in which he becomes eligible for parole, and at least annually
[ (i) ] every three years thereafter, until he is released on
parole or discharged, except that upon any such review the Board may schedule
the next review as much as three years thereafter, provided that
there are ten 10 years or more or life imprisonment remaining on
the sentence in such case [ , or (ii) annually thereafter, until he is
released on parole or discharged, if there are fewer than 10 years remaining on
the sentence in such case ] . Notwithstanding any other provision of this
article, in the case of a parole revocation, if such person is otherwise
eligible for parole, the Board shall review and decide his case no later than
that part of the calendar year one year subsequent to the part of the calendar
year in which he was returned to a facility as provided in §53.1-161.
Thereafter, his case shall be reviewed as specified in this section. The Board,
in addition, may review the case of any prisoner eligible for parole at any
other time and may review the case of any prisoner prior to that part of the
year otherwise specified. In the discretion of the Board, interviews may be
conducted by the Board or its representatives and may be either public or
private.
§53.1-155. Investigation prior to release; transition assistance.
A. No person shall be released on parole by the Board until a thorough investigation has been made into the prisoner's history, physical and mental condition, and character and his conduct, employment, and attitude while in prison. If applicable, the Board shall review in its entirety the transcript from the trial that resulted in the conviction or convictions for which the prisoner is currently serving a term of imprisonment. The Board shall also determine that his release on parole will not be incompatible with the interests of society or of the prisoner. The provisions of this section shall not be applicable to persons released on parole pursuant to §53.1-159.
B. An investigation conducted pursuant to this section shall
include notification that a victim may submit to the Virginia Parole Board
evidence concerning the impact that the release of the prisoner will have on
such victim. This notification shall be sent to the last address provided to
the Board by any victim of a crime for which the prisoner was incarcerated. If
additional victim research is necessary, electronic notification shall be sent
to the attorney for the Commonwealth and the director of the victim/witness
program, if one exists, of the jurisdiction in which the offense occurred. The
Board shall endeavor diligently to contact the victim prior to making any
decision to release any inmate on discretionary parole. The victim of a crime
for which the prisoner is incarcerated may present to the Board oral or written
testimony concerning the impact that the release of the prisoner will have on
the victim, and the Board shall consider such testimony in its review. Once
testimony is submitted by a victim, such testimony shall remain in the
prisoner's parole file and shall be considered by the Board at every parole
review. The victim of a crime for which the prisoner is incarcerated may submit
a request in writing or by electronic means to the Board to be notified of (i)
the prisoner's parole eligibility date and mandatory release date as determined
by the Department of Corrections, (ii) any parole-related interview dates, and
(iii) the Board's decision regarding parole for the prisoner. The victim may request
that the Board only notify the victim if, following its review, the Board is
inclined to grant parole to the prisoner, in which case the victim shall have
forty-five 45 days to present written or oral testimony for the
Board's consideration. If the victim has requested to be notified only if the
Board is inclined to grant parole and no testimony, either written or oral, is
received from the victim within at least forty-five 45 days of
the date of the Board's notification, the Board shall render its decision based
on information available to it in accordance with subsection A. The definition
of victim in §19.2-11.01 shall apply to this section.
Although any information presented by the victim of a crime for which the prisoner is incarcerated shall be retained in the prisoner's parole file and considered by the Board, such information shall not infringe on the Board's authority to exercise its decision-making authority.
C. Notwithstanding the provisions of subsection A, if a
physical or mental examination of a prisoner eligible for parole has been
conducted within the last twelve 12 months, and the prisoner has
not required medical or psychiatric treatment within a like period while
incarcerated, the prisoner may be released on parole by the Parole Board
directly from a local correctional facility.
The Department shall offer each prisoner to be released on parole or under mandatory release who has been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a transition program within six months of such prisoner's projected or mandatory release date. The program shall include advice for job training opportunities, recommendations for living a law-abiding life, and financial literacy information. The Secretary of Public Safety and Homeland Security shall prescribe guidelines to govern these programs.
