SB91: Parole; application of statutes.


SENATE BILL NO. 91
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on the Judiciary
on February 3, 2020)
(Patrons Prior to Substitute--Senators Edwards and Morrissey [SB 809])
A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to parole; exception to the limitation on the application of parole statutes.

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. Limitation on the application of parole statutes.

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 violent felony offense, as defined by subsection C of § 17.1-805, committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a violent felony offense, as defined by subsection C of § 17.1-805, 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 sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense, other than a violent felony as defined by subsection C of § 17.1-805, committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense, other than a violent felony as defined by subsection C of § 17.1-805, committed on or after January 1, 1995, shall be eligible for parole upon that offense.

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 allowing for extension of time for reasonable cause.

SENATE BILL NO. 91

Offered January 8, 2020
Prefiled November 27, 2019
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 4 of Title 53.1 a section numbered 53.1-165.2 and to repeal § 53.1-165.1 of the Code of Virginia, relating to the application of parole statutes.
Patrons-- Edwards, McClellan and Morrissey; Delegates: Guzman and Kory

Referred to Committee on Rehabilitation and Social Services

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 3 of Chapter 4 of Title 53.1 a section numbered 53.1-165.2 as follows:

§ 53.1-165.2. Procedures for consideration of parole for persons previously ineligible.

The Parole Board shall establish procedures for consideration of parole for persons who were previously ineligible for parole pursuant to the former § 53.1-165.1 in a manner consistent with the provisions of § 53.1-154 to allow for an extension of time for reasonable cause.

2. That § 53.1-165.1 of the Code of Virginia is repealed.