Bill Text: VA SB112 | 2023 | Regular Session | Prefiled
Bill Title: Parole statutes; application for juveniles and persons committed upon certain felony offenses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-11-21 - Left in Judiciary [SB112 Detail]
Download: Virginia-2023-SB112-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §53.1-165.1 of the Code of Virginia is amended and reenacted as follows:
§53.1-165.1. Application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995.
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, unless as
otherwise provided in this section. 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 Unless as otherwise provided in this section, the
Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B who were sentenced to a term of incarceration for
a felony offense committed on or after January 1, 1995,
consistent with the provisions of §53.1-154.
D. C. Any person who meets
eligibility criteria for parole under subsection
B and pursuant to §53.1-151 as of
and 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, shall be scheduled for a parole
interview no later than July 1, 2021, allowing for extension of time for
reasonable cause.
E. D. 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 who is not
otherwise eligible for parole 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 who is not
otherwise eligible for parole 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.