{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-136.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-136.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-136.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-136.html"}],"law_id":80848,"edition_id":1,"section_id":80848,"structure_id":15118,"section_number":"53.1-136","catch_line":"Powers and duties of Board; notice of release of certain inmates; report","history":"Code 1950, \u00a7\u00a7 53-238, 53-265; 1966, c. 638; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1979, c. 625; 1982, c. 636; 1990, c. 538; 2000, cc. 338, 767; 2002, c. 569; 2003, c. 132; 2005, c. 657; 2006, cc. 863, 914; 2009, cc. 813, 840; 2013, c. 708; 2020, cc. 2, 529; 2021, Sp. Sess. I, cc. 287, 545; 2022, c. 141; 2023, cc. 805, 806; 2025, c. 716.","full_text":"In addition to the other powers and duties imposed upon the Board by this article, the Board shall:\n\n1\n\nAdopt, 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. Such eligibility rules shall require consideration of the prisoner&#8217;s demonstrated rehabilitation, economic and educational development, commitment to prosocial behavior, and community and family supports;2\n\nAdopt, subject to approval by the Governor, rules providing for the granting of parole to those prisoners who are eligible for parole pursuant to &#xA7; 53.1-165.1 on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders;3\n\na. 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;\n\t\t\tb. 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 &#xA7; 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&#8217;s release that such inmate has been granted discretionary parole or conditional release pursuant to &#xA7; 53.1-40.01 or 53.1-40.02 or (ii) by telephone or other electronic means prior to such inmate&#8217;s release that such inmate has been granted conditional release pursuant to &#xA7; 53.1-40.02 where death is imminent. Nothing in this section shall be construed to alter the obligations of the Board under &#xA7; 53.1-155 for investigation prior to release on discretionary parole;\n\t\t\tc. Provide that in any case where a person who is released on parole has been committed to the Department of Behavioral Health and Developmental Services under the provisions of Chapter 9 (&#xA7; 37.2-900 et seq.) of Title 37.2 the conditions of his parole 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\n\nRevoke parole and order the reincarceration of any parolee or impose a condition of participation in any component of the Statewide Community-Based Corrections System for State-Responsible Offenders (&#xA7; 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 is otherwise unfit to be on parole;5\n\nIssue 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. Final discharges granted prior to the expiration of a period of parole shall be granted only upon approval by a majority of Board members. The Board shall publish an annual report regarding final discharges issued by the Board during the previous 12 months. The report shall include (i) the name of each prisoner granted final discharge, (ii) the offense of which the prisoner was convicted, (iii) the jurisdiction in which such offense was committed, (iv) the length of the prisoner&#8217;s sentence and the date such sentence was imposed, (v) the amount of time the prisoner has been on parole in the community, (vi) the basis for the final discharge, and (vii) the vote of each Board member;6\n\nMake investigations and reports with respect to any commutation of sentence, pardon, reprieve or remission of fine, or penalty when requested by the Governor;7\n\nPublish a statement by the fifteenth day of each month regarding the actions 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 length of the prisoner&#8217;s sentence and the date such sentence was imposed, (v) the amount of time the prisoner has served, (vi) whether the prisoner was granted or denied parole, (vii) individualized reasons for the grant or denial of parole, and (viii) the final vote and the names of the Board members who voted in favor of granting parole and those who voted against. However, in the case of a prisoner granted parole, the information set forth in clauses (i) through (viii) 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;8\n\nPublish an annual report regarding actions taken by the Board on the parole of prisoners during the prior year. Such report shall contain each monthly statement published by the Board pursuant to subdivision 7 and a summary that identifies (i) the total number of prisoners considered for parole, (ii) the number of persons granted parole, (iii) the number of persons denied parole, and (iv) the most common reasons for which parole was granted or denied;9\n\nEnsure 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. If parole is denied, the basis for the denial of parole shall be in writing and shall give specific, individualized reasons for such denial to such inmate; and10\n\nConvene a public meeting, either in person or via video conference, when conducting the final deliberation and vote regarding whether the Board will grant parole to a prisoner. The prisoner being considered for parole or his attorney shall be permitted to attend such meeting either, in the Board&#8217;s discretion, in person or via video conference. The victim shall be permitted to attend and participate in such meeting either, in the Board&#8217;s discretion, in person or via video or phone conference or to provide written or recorded testimony. No decision to grant discretionary parole shall be made by the Board unless such decision was discussed and debated at a meeting at which no fewer than three of the Board members were present. Whether the Board grants or denies discretionary parole to an inmate, each Board member shall identify his reasoning for such decision at the time such member&#8217;s vote is cast.","order_by":null,"text":{"0":{"id":289793,"text":"In addition to the other powers and duties imposed upon the Board by this article, the Board shall:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":289794,"text":"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. Such eligibility rules shall require consideration of the prisoner&#8217;s demonstrated rehabilitation, economic and educational development, commitment to prosocial behavior, and community and family supports;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":289795,"text":"Adopt, subject to approval by the Governor, rules providing for the granting of parole to those prisoners who are eligible for parole pursuant to &#xA7; 53.1-165.1 on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":289796,"text":"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;\n\t\t\tb. 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 &#xA7; 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&#8217;s release that such inmate has been granted discretionary parole or conditional release pursuant to &#xA7; 53.1-40.01 or 53.1-40.02 or (ii) by telephone or other electronic means prior to such inmate&#8217;s release that such inmate has been granted conditional release pursuant to &#xA7; 53.1-40.02 where death is imminent. Nothing in this section shall be construed to alter the obligations of the Board under &#xA7; 53.1-155 for investigation prior to release on discretionary parole;\n\t\t\tc. Provide that in any case where a person who is released on parole has been committed to the Department of Behavioral Health and Developmental Services under the provisions of Chapter 9 (&#xA7; 37.2-900 et seq.) of Title 37.2 the conditions of his parole 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;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":289797,"text":"Revoke parole and order the reincarceration of any parolee or impose a condition of participation in any component of the Statewide Community-Based Corrections System for State-Responsible Offenders (&#xA7; 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 is otherwise unfit to be on parole;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":289798,"text":"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. Final discharges granted prior to the expiration of a period of parole shall be granted only upon approval by a majority of Board members. The Board shall publish an annual report regarding final discharges issued by the Board during the previous 12 months. The report shall include (i) the name of each prisoner granted final discharge, (ii) the offense of which the prisoner was convicted, (iii) the jurisdiction in which such offense was committed, (iv) the length of the prisoner&#8217;s sentence and the date such sentence was imposed, (v) the amount of time the prisoner has been on parole in the community, (vi) the basis for the final discharge, and (vii) the vote of each Board member;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":289799,"text":"Make investigations and reports with respect to any commutation of sentence, pardon, reprieve or remission of fine, or penalty when requested by the Governor;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":289800,"text":"Publish a statement by the fifteenth day of each month regarding the actions 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 length of the prisoner&#8217;s sentence and the date such sentence was imposed, (v) the amount of time the prisoner has served, (vi) whether the prisoner was granted or denied parole, (vii) individualized reasons for the grant or denial of parole, and (viii) the final vote and the names of the Board members who voted in favor of granting parole and those who voted against. However, in the case of a prisoner granted parole, the information set forth in clauses (i) through (viii) 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;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":289801,"text":"Publish an annual report regarding actions taken by the Board on the parole of prisoners during the prior year. Such report shall contain each monthly statement published by the Board pursuant to subdivision 7 and a summary that identifies (i) the total number of prisoners considered for parole, (ii) the number of persons granted parole, (iii) the number of persons denied parole, and (iv) the most common reasons for which parole was granted or denied;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":289802,"text":"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. If parole is denied, the basis for the denial of parole shall be in writing and shall give specific, individualized reasons for such denial to such inmate; and","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":289803,"text":"Convene a public meeting, either in person or via video conference, when conducting the final deliberation and vote regarding whether the Board will grant parole to a prisoner. The prisoner being considered for parole or his attorney shall be permitted to attend such meeting either, in the Board&#8217;s discretion, in person or via video conference. The victim shall be permitted to attend and participate in such meeting either, in the Board&#8217;s discretion, in person or via video or phone conference or to provide written or recorded testimony. No decision to grant discretionary parole shall be made by the Board unless such decision was discussed and debated at a meeting at which no fewer than three of the Board members were present. Whether the Board grants or denies discretionary parole to an inmate, each Board member shall identify his reasoning for such decision at the time such member&#8217;s vote is cast.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9"}},"ancestry":[{"id":15118,"edition_id":1,"name":"Administration Generally","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12764,"metadata":{},"date_created":"2026-06-26 03:52:16","date_modified":"2026-06-26 03:52:16","permalink":{"id":238891,"object_type":"structure","relational_id":15118,"identifier":"1","token":"53.1\/4\/1","url":"\/53.1\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12764,"edition_id":1,"name":"Probation and Parole","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":238889,"object_type":"structure","relational_id":12764,"identifier":"4","token":"53.1\/4","url":"\/53.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65510,"structure_id":15118,"section_number":"53.1-134","catch_line":"Virginia Parole Board; appointment of members","url":"\/53.1-134\/","token":"53.1\/4\/1\/53.1-134","metadata":false},{"id":57599,"structure_id":15118,"section_number":"53.1-134.1","catch_line":"Board decisions; voting requirements","url":"\/53.1-134.1\/","token":"53.1\/4\/1\/53.1-134.1","metadata":false},{"id":65519,"structure_id":15118,"section_number":"53.1-135","catch_line":"Chairman; Vice-Chairman of Board","url":"\/53.1-135\/","token":"53.1\/4\/1\/53.1-135","metadata":false},{"id":80848,"structure_id":15118,"section_number":"53.1-136","catch_line":"Powers and duties of Board; notice of release of certain inmates; report","url":"\/53.1-136\/","token":"53.1\/4\/1\/53.1-136","metadata":false},{"id":62737,"structure_id":15118,"section_number":"53.1-137","catch_line":"Revocation hearings and subpoenas; penalty for disobeying subpoena or hindering hearing","url":"\/53.1-137\/","token":"53.1\/4\/1\/53.1-137","metadata":false},{"id":83000,"structure_id":15118,"section_number":"53.1-138","catch_line":"Access to prisoners; reports of prison officials","url":"\/53.1-138\/","token":"53.1\/4\/1\/53.1-138","metadata":false},{"id":64646,"structure_id":15118,"section_number":"53.1-139","catch_line":"Powers and duties of Chairman","url":"\/53.1-139\/","token":"53.1\/4\/1\/53.1-139","metadata":false},{"id":68480,"structure_id":15118,"section_number":"53.1-139.1","catch_line":"Repealed","url":"\/53.1-139.1\/","token":"53.1\/4\/1\/53.1-139.1","metadata":false},{"id":60739,"structure_id":15118,"section_number":"53.1-140","catch_line":"Powers and duties of Director of Department","url":"\/53.1-140\/","token":"53.1\/4\/1\/53.1-140","metadata":false},{"id":76414,"structure_id":15118,"section_number":"53.1-140.1","catch_line":"Department to provide services","url":"\/53.1-140.1\/","token":"53.1\/4\/1\/53.1-140.1","metadata":false}],"previous_section":{"id":65519,"structure_id":15118,"section_number":"53.1-135","catch_line":"Chairman; Vice-Chairman of Board","url":"\/53.1-135\/","token":"53.1\/4\/1\/53.1-135","metadata":false},"next_section":{"id":62737,"structure_id":15118,"section_number":"53.1-137","catch_line":"Revocation hearings and subpoenas; penalty for disobeying subpoena or hindering hearing","url":"\/53.1-137\/","token":"53.1\/4\/1\/53.1-137","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-136\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 638; in 1970, chapter 648; in 1973, chapter 253; in 1974, chapters 44 and 45; in 1979, chapter 625; in 1982, chapter 636; in 1990, chapter 538; in 2000, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0338\">338<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0767\">767<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0569\">569<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0132\">132<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0657\">657<\/a>; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0863\">863<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0914\">914<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0813\">813<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0840\">840<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0708\">708<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0002\">2<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0529\">529<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0141\">141<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0805\">805<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0806\">806<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0716\">716<\/a>.<\/p>","references":[{"id":60081,"section_number":"19.2-387","catch_line":"Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police","order_by":null,"url":"\/19.2-387\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":57371,"section_number":"19.2-391","catch_line":"Records to be made available to Exchange by state officials and agencies; duplication of records","order_by":null,"url":"\/19.2-391\/"},{"id":79260,"section_number":"2.2-3707.02","catch_line":"Meetings of Virginia Parole Board","order_by":null,"url":"\/2.2-3707.02\/"},{"id":86338,"section_number":"53.1-153","catch_line":"Eligibility of persons sentenced to jails for more than twelve months","order_by":null,"url":"\/53.1-153\/"},{"id":56156,"section_number":"53.1-159","catch_line":"Mandatory release on parole","order_by":null,"url":"\/53.1-159\/"},{"id":77539,"section_number":"53.1-165.1","catch_line":"Limitation on the application of parole statutes","order_by":null,"url":"\/53.1-165.1\/"}],"refers_to":[{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":83495,"section_number":"53.1-155","catch_line":"Investigation prior to release; transition assistance","order_by":null,"url":"\/53.1-155\/"},{"id":77539,"section_number":"53.1-165.1","catch_line":"Limitation on the application of parole statutes","order_by":null,"url":"\/53.1-165.1\/"},{"id":72579,"section_number":"53.1-40.01","catch_line":"Conditional release of geriatric prisoners","order_by":null,"url":"\/53.1-40.01\/"},{"id":58640,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","order_by":null,"url":"\/53.1-40.02\/"},{"id":69591,"section_number":"53.1-67.2","catch_line":"Purpose","order_by":null,"url":"\/53.1-67.2\/"}],"permalink":{"id":238905,"object_type":"law","relational_id":80848,"identifier":"53.1-136","token":"53.1\/4\/1\/53.1-136","url":"\/53.1-136\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-136\/","token":"53.1\/4\/1\/53.1-136","dublin_core":{"Title":"Powers and duties of Board; notice of release of certain inmates; report","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-136","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In addition to the other powers and duties imposed upon the <span class=\"dictionary\">Board<\/span> by this article, the <span class=\"dictionary\">Board<\/span> shall:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> Adopt, subject to approval by the Governor, general rules governing the granting of <span class=\"dictionary\">parole<\/span> and eligibility requirements, which shall be published and posted for public review. Such eligibility rules shall require consideration of the prisoner&#8217;s demonstrated rehabilitation, economic and educational development, commitment to prosocial behavior, and community and family supports; <a id=\"paragraph-289794\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> Adopt, subject to approval by the Governor, rules providing for the granting of <span class=\"dictionary\">parole<\/span> to those prisoners who are eligible for <span class=\"dictionary\">parole<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Limitation on the application of parole statutes\" href=\"\/53.1-165.1\/\">53.1-165.1<\/a> on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders; <a id=\"paragraph-289795\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> a. Release on <span class=\"dictionary\">parole<\/span> for such time and upon such terms and conditions as the <span class=\"dictionary\">Board<\/span> shall prescribe, persons convicted of felonies and confined under the <span class=\"dictionary\">laws<\/span> of the Commonwealth in any correctional facility in Virginia when those persons become eligible and are found suitable for <span class=\"dictionary\">parole<\/span>, according to those rules adopted pursuant to subdivisions 1 and 2;\n\t\t\tb. Notify the <span class=\"dictionary\">Department<\/span> of Corrections of its decision to grant discretionary <span class=\"dictionary\">parole<\/span> or conditional release to an inmate. The <span class=\"dictionary\">Department<\/span> of Corrections shall set the release date for such inmate no sooner than 30 business days from the date that the <span class=\"dictionary\">Department<\/span> of Corrections receives such notification from the Chairman of the <span class=\"dictionary\">Board<\/span>, except that the <span class=\"dictionary\">Department<\/span> of Corrections may set an earlier release date in the case of an inmate granted conditional release pursuant to &#xA7; <a class=\"law\" title=\"Conditional release of terminally ill prisoners\" href=\"\/53.1-40.02\/\">53.1-40.02<\/a>. In the case of an inmate granted <span class=\"dictionary\">parole<\/span> who was convicted of a <span class=\"dictionary\">felony<\/span> and sentenced to a term of 10 or more years, or an inmate granted conditional release, the <span class=\"dictionary\">Board<\/span> shall notify the attorney for the Commonwealth in the <span class=\"dictionary\">jurisdiction<\/span> where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate&#8217;s release that such inmate has been granted discretionary <span class=\"dictionary\">parole<\/span> or conditional release pursuant to &#xA7; <a class=\"law\" title=\"Conditional release of geriatric prisoners\" href=\"\/53.1-40.01\/\">53.1-40.01<\/a> or <a class=\"law\" title=\"Conditional release of terminally ill prisoners\" href=\"\/53.1-40.02\/\">53.1-40.02<\/a> or (ii) by telephone or other electronic means prior to such inmate&#8217;s release that such inmate has been granted conditional release pursuant to &#xA7; <a class=\"law\" title=\"Conditional release of terminally ill prisoners\" href=\"\/53.1-40.02\/\">53.1-40.02<\/a> where death is imminent. Nothing in this section shall be construed to alter the obligations of the <span class=\"dictionary\">Board<\/span> under &#xA7; <a class=\"law\" title=\"Investigation prior to release; transition assistance\" href=\"\/53.1-155\/\">53.1-155<\/a> for investigation prior to release on discretionary <span class=\"dictionary\">parole<\/span>;\n\t\t\tc. Provide that in any case where a person who is released on <span class=\"dictionary\">parole<\/span> has been committed to the <span class=\"dictionary\">Department<\/span> of Behavioral Health and Developmental Services under the provisions of Chapter 9 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/37.2-900\/\">37.2-900<\/a> et seq.) of Title 37.2 the conditions of his <span class=\"dictionary\">parole<\/span> shall include the requirement that the person comply with all conditions given him by the <span class=\"dictionary\">Department<\/span> of Behavioral Health and Developmental Services and that he follow all of the terms of his treatment plan; <a id=\"paragraph-289796\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> Revoke <span class=\"dictionary\">parole<\/span> and <span class=\"dictionary\">order<\/span> the reincarceration of any parolee or impose a condition of participation in any component of the Statewide Community-Based Corrections System for State-Responsible Offenders (&#xA7; <a class=\"law\" title=\"Purpose\" href=\"\/53.1-67.2\/\">53.1-67.2<\/a> et seq.) on any eligible parolee, when, in the <span class=\"dictionary\">judgment<\/span> of the <span class=\"dictionary\">Board<\/span>, he has violated the conditions of his <span class=\"dictionary\">parole<\/span> or is otherwise unfit to be on <span class=\"dictionary\">parole<\/span>; <a id=\"paragraph-289797\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> <span class=\"dictionary\">Issue<\/span> final discharges to persons released by the <span class=\"dictionary\">Board<\/span> on <span class=\"dictionary\">parole<\/span> when the <span class=\"dictionary\">Board<\/span> is of the <span class=\"dictionary\">opinion<\/span> that the discharge of the parolee will not be incompatible with the welfare of such person or of society. Final discharges granted prior to the expiration of a period of <span class=\"dictionary\">parole<\/span> shall be granted only upon approval by a majority of <span class=\"dictionary\">Board<\/span> members. The <span class=\"dictionary\">Board<\/span> shall publish an annual report regarding final discharges issued by the <span class=\"dictionary\">Board<\/span> during the previous 12 months. The report shall include (i) the name of each prisoner granted final discharge, (ii) the <span class=\"dictionary\">offense<\/span> of which the prisoner was convicted, (iii) the <span class=\"dictionary\">jurisdiction<\/span> in which such <span class=\"dictionary\">offense<\/span> was committed, (iv) the length of the prisoner&#8217;s sentence and the date such sentence was imposed, (v) the amount of time the prisoner has been on <span class=\"dictionary\">parole<\/span> in the community, (vi) the basis for the final discharge, and (vii) the vote of each <span class=\"dictionary\">Board<\/span> member; <a id=\"paragraph-289798\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> Make investigations and reports with respect to any commutation of sentence, <span class=\"dictionary\">pardon<\/span>, reprieve or remission of fine, or <span class=\"dictionary\">penalty<\/span> when requested by the Governor; <a id=\"paragraph-289799\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> Publish a statement by the fifteenth day of each month regarding the actions taken by the <span class=\"dictionary\">Board<\/span> on the <span class=\"dictionary\">parole<\/span> of prisoners during the prior month. The statement shall list (i) the name of each prisoner considered for <span class=\"dictionary\">parole<\/span>, (ii) the <span class=\"dictionary\">offense<\/span> of which the prisoner was convicted, (iii) the <span class=\"dictionary\">jurisdiction<\/span> in which such <span class=\"dictionary\">offense<\/span> was committed, (iv) the length of the prisoner&#8217;s sentence and the date such sentence was imposed, (v) the amount of time the prisoner has served, (vi) whether the prisoner was granted or denied <span class=\"dictionary\">parole<\/span>, (vii) individualized reasons for the grant or denial of <span class=\"dictionary\">parole<\/span>, and (viii) the final vote and the names of the <span class=\"dictionary\">Board<\/span> members who voted in favor of granting <span class=\"dictionary\">parole<\/span> and those who voted against. However, in the case of a prisoner granted <span class=\"dictionary\">parole<\/span>, the information set forth in clauses (i) through (viii) 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 <span class=\"dictionary\">parole<\/span> was given to the attorney for the Commonwealth and any victims; <a id=\"paragraph-289800\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> Publish an annual report regarding actions taken by the <span class=\"dictionary\">Board<\/span> on the <span class=\"dictionary\">parole<\/span> of prisoners during the prior year. Such report shall contain each monthly statement published by the <span class=\"dictionary\">Board<\/span> pursuant to subdivision 7 and a summary that identifies (i) the total number of prisoners considered for <span class=\"dictionary\">parole<\/span>, (ii) the number of persons granted <span class=\"dictionary\">parole<\/span>, (iii) the number of persons denied <span class=\"dictionary\">parole<\/span>, and (iv) the most common reasons for which <span class=\"dictionary\">parole<\/span> was granted or denied; <a id=\"paragraph-289801\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"9\"><p><span class=\"prefix-number\">9.<\/span> Ensure that each person eligible for <span class=\"dictionary\">parole<\/span> receives a timely and thorough review of his suitability for release on <span class=\"dictionary\">parole<\/span>, including a review of any relevant post-sentencing information. If <span class=\"dictionary\">parole<\/span> is denied, the basis for the denial of <span class=\"dictionary\">parole<\/span> shall be in writing and shall give specific, individualized reasons for such denial to such inmate; and <a id=\"paragraph-289802\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"10\"><p><span class=\"prefix-number\">10.<\/span> Convene a public meeting, either in person or via video conference, when conducting the final deliberation and vote regarding whether the <span class=\"dictionary\">Board<\/span> will grant <span class=\"dictionary\">parole<\/span> to a prisoner. The prisoner being considered for <span class=\"dictionary\">parole<\/span> or his attorney shall be permitted to attend such meeting either, in the <span class=\"dictionary\">Board<\/span>&#8217;s discretion, in person or via video conference. The victim shall be permitted to attend and participate in such meeting either, in the <span class=\"dictionary\">Board<\/span>&#8217;s discretion, in person or via video or phone conference or to provide written or recorded <span class=\"dictionary\">testimony<\/span>. No decision to grant discretionary <span class=\"dictionary\">parole<\/span> shall be made by the <span class=\"dictionary\">Board<\/span> unless such decision was discussed and debated at a meeting at which no fewer than three of the <span class=\"dictionary\">Board<\/span> members were present. Whether the <span class=\"dictionary\">Board<\/span> grants or denies discretionary <span class=\"dictionary\">parole<\/span> to an inmate, each <span class=\"dictionary\">Board<\/span> member shall identify his reasoning for such decision at the time such member&#8217;s vote is cast. <a id=\"paragraph-289803\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-136\/#10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF BOARD; NOTICE OF RELEASE OF CERTAIN INMATES; REPORT (\u00a7\n53.1-136)\n\nIn addition to the other powers and duties imposed upon the Board by this\narticle, the Board shall:\n\n1. Adopt, subject to approval by the Governor, general rules governing the\ngranting of parole and eligibility requirements, which shall be published and\nposted for public review. Such eligibility rules shall require consideration of\nthe prisoner&#8217;s demonstrated rehabilitation, economic and educational\ndevelopment, commitment to prosocial behavior, and community and family\nsupports;\n\n2. Adopt, subject to approval by the Governor, rules providing for the granting\nof parole to those prisoners who are eligible for parole pursuant to &#xA7;\n53.1-165.1 on the basis of demonstrated maturity and rehabilitation and the\nlesser culpability of juvenile offenders;\n\n3. a. Release on parole for such time and upon such terms and conditions as the\nBoard shall prescribe, persons convicted of felonies and confined under the laws\nof the Commonwealth in any correctional facility in Virginia when those persons\nbecome eligible and are found suitable for parole, according to those rules\nadopted pursuant to subdivisions 1 and 2;\n\t\t\tb. Notify the Department of Corrections of its decision to grant\ndiscretionary parole or conditional release to an inmate. The Department of\nCorrections shall set the release date for such inmate no sooner than 30\nbusiness days from the date that the Department of Corrections receives such\nnotification from the Chairman of the Board, except that the Department of\nCorrections may set an earlier release date in the case of an inmate granted\nconditional release pursuant to &#xA7; 53.1-40.02. In the case of an inmate\ngranted parole who was convicted of a felony and sentenced to a term of 10 or\nmore years, or an inmate granted conditional release, the Board shall notify the\nattorney for the Commonwealth in the jurisdiction where the inmate was sentenced\n(i) by electronic means at least 21 business days prior to such inmate&#8217;s\nrelease that such inmate has been granted discretionary parole or conditional\nrelease pursuant to &#xA7; 53.1-40.01 or 53.1-40.02 or (ii) by telephone or\nother electronic means prior to such inmate&#8217;s release that such inmate has\nbeen granted conditional release pursuant to &#xA7; 53.1-40.02 where death is\nimminent. Nothing in this section shall be construed to alter the obligations of\nthe Board under &#xA7; 53.1-155 for investigation prior to release on\ndiscretionary parole;\n\t\t\tc. Provide that in any case where a person who is released on parole has been\ncommitted to the Department of Behavioral Health and Developmental Services\nunder the provisions of Chapter 9 (&#xA7; 37.2-900 et seq.) of Title 37.2 the\nconditions of his parole shall include the requirement that the person comply\nwith all conditions given him by the Department of Behavioral Health and\nDevelopmental Services and that he follow all of the terms of his treatment\nplan;\n\n4. Revoke parole and order the reincarceration of any parolee or impose a\ncondition of participation in any component of the Statewide Community-Based\nCorrections System for State-Responsible Offenders (&#xA7; 53.1-67.2 et seq.) on\nany eligible parolee, when, in the judgment of the Board, he has violated the\nconditions of his parole or is otherwise unfit to be on parole;\n\n5. Issue final discharges to persons released by the Board on parole when the\nBoard is of the opinion that the discharge of the parolee will not be\nincompatible with the welfare of such person or of society. Final discharges\ngranted prior to the expiration of a period of parole shall be granted only upon\napproval by a majority of Board members. The Board shall publish an annual\nreport regarding final discharges issued by the Board during the previous 12\nmonths. The report shall include (i) the name of each prisoner granted final\ndischarge, (ii) the offense of which the prisoner was convicted, (iii) the\njurisdiction in which such offense was committed, (iv) the length of the\nprisoner&#8217;s sentence and the date such sentence was imposed, (v) the amount\nof time the prisoner has been on parole in the community, (vi) the basis for the\nfinal discharge, and (vii) the vote of each Board member;\n\n6. Make investigations and reports with respect to any commutation of sentence,\npardon, reprieve or remission of fine, or penalty when requested by the\nGovernor;\n\n7. Publish a statement by the fifteenth day of each month regarding the actions\ntaken by the Board on the parole of prisoners during the prior month. The\nstatement shall list (i) the name of each prisoner considered for parole, (ii)\nthe offense of which the prisoner was convicted, (iii) the jurisdiction in which\nsuch offense was committed, (iv) the length of the prisoner&#8217;s sentence and\nthe date such sentence was imposed, (v) the amount of time the prisoner has\nserved, (vi) whether the prisoner was granted or denied parole, (vii)\nindividualized reasons for the grant or denial of parole, and (viii) the final\nvote and the names of the Board members who voted in favor of granting parole\nand those who voted against. However, in the case of a prisoner granted parole,\nthe information set forth in clauses (i) through (viii) regarding such prisoner\nshall be included in the statement published in the month immediately succeeding\nthe month in which notification of the decision to grant parole was given to the\nattorney for the Commonwealth and any victims;\n\n8. Publish an annual report regarding actions taken by the Board on the parole\nof prisoners during the prior year. Such report shall contain each monthly\nstatement published by the Board pursuant to subdivision 7 and a summary that\nidentifies (i) the total number of prisoners considered for parole, (ii) the\nnumber of persons granted parole, (iii) the number of persons denied parole, and\n(iv) the most common reasons for which parole was granted or denied;\n\n9. Ensure that each person eligible for parole receives a timely and thorough\nreview of his suitability for release on parole, including a review of any\nrelevant post-sentencing information. If parole is denied, the basis for the\ndenial of parole shall be in writing and shall give specific, individualized\nreasons for such denial to such inmate; and\n\n10. Convene a public meeting, either in person or via video conference, when\nconducting the final deliberation and vote regarding whether the Board will\ngrant parole to a prisoner. The prisoner being considered for parole or his\nattorney shall be permitted to attend such meeting either, in the Board&#8217;s\ndiscretion, in person or via video conference. The victim shall be permitted to\nattend and participate in such meeting either, in the Board&#8217;s discretion,\nin person or via video or phone conference or to provide written or recorded\ntestimony. No decision to grant discretionary parole shall be made by the Board\nunless such decision was discussed and debated at a meeting at which no fewer\nthan three of the Board members were present. Whether the Board grants or denies\ndiscretionary parole to an inmate, each Board member shall identify his\nreasoning for such decision at the time such member&#8217;s vote is cast.\n\nHISTORY: Code 1950, \u00a7\u00a7 53-238, 53-265; 1966, c. 638; 1970, c. 648; 1973, c.\n253; 1974, cc. 44, 45; 1979, c. 625; 1982, c. 636; 1990, c. 538; 2000, cc. 338,\n767; 2002, c. 569; 2003, c. 132; 2005, c. 657; 2006, cc. 863, 914; 2009, cc.\n813, 840; 2013, c. 708; 2020, cc. 2, 529; 2021, Sp. Sess. I, cc. 287, 545; 2022,\nc. 141; 2023, cc. 805, 806; 2025, c. 716.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}