Bill Text: VA SB263 | 2024 | Regular Session | Prefiled
Bill Title: Investigation prior to release; input from the attorney for the Commonwealth.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-19 - Passed by indefinitely in Rehabilitation and Social Services (8-Y 7-N) [SB263 Detail]
Download: Virginia-2024-SB263-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §53.1-155, as it is currently effective and as it shall become effective, of the Code of Virginia is amended and reenacted as follows:
§53.1-155. (Effective until July 1, 2024) Investigation prior to release; transition assistance.
A. No person shall be released on parole by the Parole Board (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. 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.
An investigation conducted pursuant to this section shall also include notification to the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which the prisoner is incarcerated. The attorney for the Commonwealth may submit input to the Board regarding the impact the release of the prisoner will have on public safety. Once input has been received from an attorney for the Commonwealth, such input shall remain in the prisoner's parole file and shall be considered by the Board at every parole review, but such input 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.
§53.1-155. (Effective July 1, 2024) Investigation prior to release; transition assistance.
A. No person shall be released on parole by the Parole Board (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. All information collected through such investigation shall be made available to the prisoner or his attorney, provided that (i) neither the prisoner nor his attorney shall further disclose, reproduce, copy, or disseminate such information in any way and (ii) the Board shall redact all personal information of the victim. 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, including by virtual means, 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 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
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.
An investigation conducted pursuant to this section shall also include notification to the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which the prisoner is incarcerated. The attorney for the Commonwealth may submit input to the Board regarding the impact the release of the prisoner will have on public safety. Once input has been received from an attorney for the Commonwealth, such input shall remain in the prisoner's parole file and shall be considered by the Board at every parole review, but such input 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 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.
