SB135: Virginia Parole Board; increases membership, records, monthly report.
SENATE BILL NO. 135
Be it enacted by the General Assembly of Virginia:
1. That §§ 53.1-134 and 53.1-136 of the Code of Virginia are amended and reenacted as follows:
§ 53.1-134. Creation of Virginia Parole Board; appointment of members.
There shall be a Virginia
Parole Board (the Board),
which shall consist of up to five 11 members appointed by the
Governor and subject to confirmation by the General Assembly, if in session
when such appointment is made, and if not in session, then at its next
succeeding session. At least one member of the Parole
Board shall be a representative of a crime victims' organization or a victim of
crime as defined in subsection B of § 19.2-11.01.
The members of the Parole
Board shall serve at the pleasure of the Governor.
§ 53.1-136. Powers and duties of Board; notice of release of certain inmates.
In addition to the other powers and duties imposed upon the Board by this article, the Board shall:
1. Adopt, subject to approval by the Governor, general rules governing the granting of parole and eligibility requirements, which shall be published and posted for public review;
2. Adopt, subject to approval by the Governor, rules providing for the granting of parole to those prisoners who are eligible for parole pursuant to § 53.1-165.1 on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders;
3. a. Release on parole for such time and upon such terms and conditions as the Board shall prescribe, persons convicted of felonies and confined under the laws of the Commonwealth in any correctional facility in Virginia when those persons become eligible and are found suitable for parole, according to those rules adopted pursuant to subdivisions 1 and 2;
b. Establish the conditions of postrelease supervision authorized pursuant to § 18.2-10 and subsection A of § 19.2-295.2;
c. Notify the Department of
Corrections of its decision to grant discretionary parole
or conditional release to an inmate. The Department of
Corrections shall set the release date for such inmate no
sooner than 30 business days from the date that the Department of Corrections receives such
notification from the Chairman of the Board, except that the Department of Corrections may set an
earlier release date in the case of an inmate granted conditional release
pursuant to § 53.1-40.02. In the case of an inmate granted parole who was
convicted of a felony and sentenced to a term of 10 or more years, or an inmate
granted conditional release, the Board shall notify the attorney for the
Commonwealth in the jurisdiction where the inmate was sentenced (i) by
electronic means at least 21 business days prior to such inmate's release that
such inmate has been granted discretionary parole or conditional release
pursuant to § 53.1-40.01 or 53.1-40.02 or (ii) by telephone or other electronic
means prior to such inmate's release that such inmate has been granted
conditional release pursuant to § 53.1-40.02 where death is imminent. Nothing
in this section shall be construed to alter the obligations of the Board under
§ 53.1-155 for investigation prior to release on discretionary parole;
d. Provide that in any case where a person who is released on parole or postrelease supervision has been committed to the Department of Behavioral Health and Developmental Services under the provisions of Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 the conditions of his parole or postrelease supervision shall include the requirement that the person comply with all conditions given him by the Department of Behavioral Health and Developmental Services and that he follow all of the terms of his treatment plan;
4. Revoke parole and any period of postrelease and order the reincarceration of any parolee or felon serving a period of postrelease supervision or impose a condition of participation in any component of the Statewide Community-Based Corrections System for State-Responsible Offenders (§ 53.1-67.2 et seq.) on any eligible parolee, when, in the judgment of the Board, he has violated the conditions of his parole or postrelease supervision or is otherwise unfit to be on parole or on postrelease supervision;
5. Issue final discharges to persons released by the Board on parole when the Board is of the opinion that the discharge of the parolee will not be incompatible with the welfare of such person or of society;
6. Make investigations and reports with respect to any commutation of sentence, pardon, reprieve or remission of fine, or penalty when requested by the Governor;
7. Publish by the fifteenth day of each month a statement
regarding the action taken by the Board on the parole of prisoners during the
prior month. The statement shall list (i) the name of each prisoner considered
for parole, (ii) the offense of which the prisoner was convicted, (iii) the
jurisdiction in which such offense was committed, (iv) the amount of time the
prisoner has served, (v) whether the prisoner was granted or denied parole, and (vi) the
number of Board members who voted to
grant parole and the number of members who voted to
deny parole, and (vii) the basis for the grant or denial
of parole. However, in the case of a prisoner granted parole, the information
set forth in clauses (i) through (vi) (vii) regarding such prisoner
shall be included in the statement published in the month immediately
succeeding the month in which notification of the decision to grant parole was
given to the attorney for the Commonwealth and any victims; and
8. Ensure that each person eligible for parole receives a timely and thorough review of his suitability for release on parole, including a review of any relevant post-sentencing information. Any records, reports, or other documents used to determine a person's suitability for parole shall be made available for review by such person or his counsel pursuant to Board regulations. If parole is denied, the basis for the denial of parole shall be in writing and shall give specific reasons for such denial to such inmate.