{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-151.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-151.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-151.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-151.html"}],"law_id":81762,"edition_id":1,"section_id":81762,"structure_id":12913,"section_number":"53.1-151","catch_line":"Eligibility for parole","history":"Code 1950, \u00a7\u00a7 53-251, 53-272; 1954, c. 141; 1956, c. 342; 1958, cc. 249, 468; 1962, c. 327; 1970, c. 648; 1975, c. 244; 1976, cc. 145, 209, 425; 1977, cc. 344, 546, 570; 1979, c. 411; 1981, c. 392; 1982, cc. 270, 636; 1985, c. 555; 1987, c. 668; 1988, c. 872; 1990, cc. 220, 684; 1991, c. 423; 1993, cc. 485, 491, 907.","full_text":"A\n\nExcept as herein otherwise provided, every person convicted of a felony and sentenced and committed by a court under the laws of this Commonwealth to the Department of Corrections, whether or not such person is physically received at a Department of Corrections facility, or as provided for in \u00a7 19.2-308.1:1\n\nFor the first time, shall be eligible for parole after serving one-fourth of the term of imprisonment imposed, or after serving twelve years of the term of imprisonment imposed if one-fourth of the term of imprisonment imposed is more than twelve years;2\n\nFor the second time, shall be eligible for parole after serving one-third of the term of imprisonment imposed, or after serving thirteen years of the term of imprisonment imposed if one-third of the term of imprisonment imposed is more than thirteen years;3\n\nFor the third time, shall be eligible for parole after serving one-half of the term of imprisonment imposed, or after serving fourteen years of the term of imprisonment imposed if one-half of the term of imprisonment imposed is more than fourteen years;4\n\nFor the fourth or subsequent time, shall be eligible for parole after serving three-fourths of the term of imprisonment imposed, or after serving fifteen years of the term of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen years.\n\t\t\t\tFor the purposes of subdivisions 2, 3 and 4 of subsection A and for the purposes of subsections B1 and B2, prior commitments shall include commitments to any correctional facility under the laws of any state, the District of Columbia, the United States or its territories for murder, rape, robbery, forcible sodomy, animate or inanimate object sexual penetration, aggravated sexual battery, abduction, kidnapping, burglary, felonious assault or wounding, or manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a controlled substance, if such would be a felony if committed in the Commonwealth. Only prior commitments interrupted by a person’s being at liberty, or resulting from the commission of a felony while in a correctional facility of the Commonwealth, of any other state or of the United States, shall be included in determining the number of times such person has been convicted, sentenced and committed for the purposes of subdivisions 2, 3 and 4 of subsection A. “At liberty” as used herein shall include not only freedom without any legal restraints, but shall also include release pending trial, sentencing or appeal, or release on probation or parole or escape. In the case of terms of imprisonment to be served consecutively, the total time imposed shall constitute the term of the imprisonment; in the case of terms of imprisonment to be served concurrently, the longest term imposed shall be the term of imprisonment. In any case in which a parolee commits an offense while on parole, only the sentence imposed for such offense and not the sentence or sentences or any part thereof from which he was paroled shall constitute the term of imprisonment.\n\t\t\t\tThe Department of Corrections shall make all reasonable efforts to determine prior convictions and commitments of each inmate for the enumerated offenses.B\n\nPersons sentenced to die shall not be eligible for parole. Any person sentenced to life imprisonment who escapes from a correctional facility or from any person in charge of his custody shall not be eligible for parole.B1\n\nAny person convicted of three separate felony offenses of (i) murder, (ii) rape or (iii) robbery by the presenting of firearms or other deadly weapon, or any combination of the offenses specified in subdivisions (i), (ii) or (iii) when such offenses were not part of a common act, transaction or scheme shall not be eligible for parole. In the event of a determination by the Department of Corrections that an individual is not eligible for parole under this subsection, the Parole Board may in its discretion, review that determination, and make a determination for parole eligibility pursuant to regulations promulgated by it for that purpose. Any determination of the Parole Board of parole eligibility thereby shall supersede any prior determination of parole ineligibility by the Department of Corrections under this subsection.B2\n\nAny person convicted of three separate felony offenses of manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a controlled substance, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in this section between each conviction, shall not be eligible for parole.C\n\nAny person sentenced to life imprisonment for the first time shall be eligible for parole after serving fifteen years, except that if such sentence was for a Class 1 felony violation or the first degree murder of a child under the age of eight in violation of § 18.2-32, he shall be eligible for parole after serving twenty-five years, unless he is ineligible for parole pursuant to subsection B1 or B2.D\n\nA person who has been sentenced to two or more life sentences, except a person to whom the provisions of subsection B1, B2, or E of this section are applicable, shall be eligible for parole after serving twenty years of imprisonment, except that if either such sentence, or both, was or were for a Class 1 felony violation, and he is not otherwise ineligible for parole pursuant to subsection B1, B2, or E of this section, he shall be eligible for parole only after serving thirty years.E\n\nA person convicted of an offense and sentenced to life imprisonment after being paroled from a previous life sentence shall not be eligible for parole.E1\n\nAny person who has been convicted of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and who has been sentenced to a term of years shall, upon a first commitment to the Department of Corrections, be eligible for parole after serving two-thirds of the term of imprisonment imposed or after serving fourteen years of the term of imprisonment imposed if two-thirds of the term of imprisonment imposed is more than fourteen years. If such person has been previously committed to the Department of Corrections, such person shall be eligible for parole after serving three-fourths of the term of imprisonment imposed or after serving fifteen years of the terms of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen years.F\n\nIf the sentence of a person convicted of a felony and sentenced to the Department is partially suspended, he shall be eligible for parole based on the portion of such sentence execution which was not suspended.G\n\nThe eligibility time for parole as specified in subsections A, C and D of this section may be modified as provided in §§ 53.1-191, 53.1-197 and 53.1-198.H\n\nThe time for eligibility for parole as specified in subsection D of this section shall apply only to those criminal acts committed on or after July 1, 1976.I\n\nThe provisions of subdivisions 2, 3 and 4 of subsection A shall apply only to persons committed to the Department of Corrections on or after July 1, 1979, but such persons’ convictions and commitments shall include all felony convictions and commitments without regard to the date of such convictions and commitments.","order_by":null,"text":{"0":{"id":292893,"text":"Except as herein otherwise provided, every person convicted of a felony and sentenced and committed by a court under the laws of this Commonwealth to the Department of Corrections, whether or not such person is physically received at a Department of Corrections facility, or as provided for in \u00a7 19.2-308.1:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":292894,"text":"For the first time, shall be eligible for parole after serving one-fourth of the term of imprisonment imposed, or after serving twelve years of the term of imprisonment imposed if one-fourth of the term of imprisonment imposed is more than twelve years;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":292895,"text":"For the second time, shall be eligible for parole after serving one-third of the term of imprisonment imposed, or after serving thirteen years of the term of imprisonment imposed if one-third of the term of imprisonment imposed is more than thirteen years;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":292896,"text":"For the third time, shall be eligible for parole after serving one-half of the term of imprisonment imposed, or after serving fourteen years of the term of imprisonment imposed if one-half of the term of imprisonment imposed is more than fourteen years;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":292897,"text":"For the fourth or subsequent time, shall be eligible for parole after serving three-fourths of the term of imprisonment imposed, or after serving fifteen years of the term of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen years.\n\t\t\t\tFor the purposes of subdivisions 2, 3 and 4 of subsection A and for the purposes of subsections B1 and B2, prior commitments shall include commitments to any correctional facility under the laws of any state, the District of Columbia, the United States or its territories for murder, rape, robbery, forcible sodomy, animate or inanimate object sexual penetration, aggravated sexual battery, abduction, kidnapping, burglary, felonious assault or wounding, or manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a controlled substance, if such would be a felony if committed in the Commonwealth. Only prior commitments interrupted by a person’s being at liberty, or resulting from the commission of a felony while in a correctional facility of the Commonwealth, of any other state or of the United States, shall be included in determining the number of times such person has been convicted, sentenced and committed for the purposes of subdivisions 2, 3 and 4 of subsection A. “At liberty” as used herein shall include not only freedom without any legal restraints, but shall also include release pending trial, sentencing or appeal, or release on probation or parole or escape. In the case of terms of imprisonment to be served consecutively, the total time imposed shall constitute the term of the imprisonment; in the case of terms of imprisonment to be served concurrently, the longest term imposed shall be the term of imprisonment. In any case in which a parolee commits an offense while on parole, only the sentence imposed for such offense and not the sentence or sentences or any part thereof from which he was paroled shall constitute the term of imprisonment.\n\t\t\t\tThe Department of Corrections shall make all reasonable efforts to determine prior convictions and commitments of each inmate for the enumerated offenses.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":292898,"text":"Persons sentenced to die shall not be eligible for parole. Any person sentenced to life imprisonment who escapes from a correctional facility or from any person in charge of his custody shall not be eligible for parole.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"B1"},"6":{"id":292899,"text":"Any person convicted of three separate felony offenses of (i) murder, (ii) rape or (iii) robbery by the presenting of firearms or other deadly weapon, or any combination of the offenses specified in subdivisions (i), (ii) or (iii) when such offenses were not part of a common act, transaction or scheme shall not be eligible for parole. In the event of a determination by the Department of Corrections that an individual is not eligible for parole under this subsection, the Parole Board may in its discretion, review that determination, and make a determination for parole eligibility pursuant to regulations promulgated by it for that purpose. Any determination of the Parole Board of parole eligibility thereby shall supersede any prior determination of parole ineligibility by the Department of Corrections under this subsection.","type":"section","prefixes":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"B","next_prefix":"B2"},"7":{"id":292900,"text":"Any person convicted of three separate felony offenses of manufacturing, selling, giving, distributing or possessing with the intent to manufacture, sell, give or distribute a controlled substance, when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in this section between each conviction, shall not be eligible for parole.","type":"section","prefixes":["B2"],"prefix":"B2","entire_prefix":"B2","prefix_anchor":"B2","level":1,"prior_prefix":"B1","next_prefix":"C"},"8":{"id":292901,"text":"Any person sentenced to life imprisonment for the first time shall be eligible for parole after serving fifteen years, except that if such sentence was for a Class 1 felony violation or the first degree murder of a child under the age of eight in violation of § 18.2-32, he shall be eligible for parole after serving twenty-five years, unless he is ineligible for parole pursuant to subsection B1 or B2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"9":{"id":292902,"text":"A person who has been sentenced to two or more life sentences, except a person to whom the provisions of subsection B1, B2, or E of this section are applicable, shall be eligible for parole after serving twenty years of imprisonment, except that if either such sentence, or both, was or were for a Class 1 felony violation, and he is not otherwise ineligible for parole pursuant to subsection B1, B2, or E of this section, he shall be eligible for parole only after serving thirty years.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":292903,"text":"A person convicted of an offense and sentenced to life imprisonment after being paroled from a previous life sentence shall not be eligible for parole.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"11":{"id":292904,"text":"Any person who has been convicted of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery and who has been sentenced to a term of years shall, upon a first commitment to the Department of Corrections, be eligible for parole after serving two-thirds of the term of imprisonment imposed or after serving fourteen years of the term of imprisonment imposed if two-thirds of the term of imprisonment imposed is more than fourteen years. If such person has been previously committed to the Department of Corrections, such person shall be eligible for parole after serving three-fourths of the term of imprisonment imposed or after serving fifteen years of the terms of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen years.","type":"section","prefixes":["E1"],"prefix":"E1","entire_prefix":"E1","prefix_anchor":"E1","level":1,"prior_prefix":"E","next_prefix":"F"},"12":{"id":292905,"text":"If the sentence of a person convicted of a felony and sentenced to the Department is partially suspended, he shall be eligible for parole based on the portion of such sentence execution which was not suspended.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E1","next_prefix":"G"},"13":{"id":292906,"text":"The eligibility time for parole as specified in subsections A, C and D of this section may be modified as provided in §§ 53.1-191, 53.1-197 and 53.1-198.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":292907,"text":"The time for eligibility for parole as specified in subsection D of this section shall apply only to those criminal acts committed on or after July 1, 1976.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"15":{"id":292908,"text":"The provisions of subdivisions 2, 3 and 4 of subsection A shall apply only to persons committed to the Department of Corrections on or after July 1, 1979, but such persons’ convictions and commitments shall include all felony convictions and commitments without regard to the date of such convictions and commitments.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12913,"edition_id":1,"name":"Procedures Governing Parole","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12764,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":238979,"object_type":"structure","relational_id":12913,"identifier":"3","token":"53.1\/4\/3","url":"\/53.1\/4\/3\/","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":81762,"structure_id":12913,"section_number":"53.1-151","catch_line":"Eligibility for parole","url":"\/53.1-151\/","token":"53.1\/4\/3\/53.1-151","metadata":false},{"id":69796,"structure_id":12913,"section_number":"53.1-152","catch_line":"Eligibility of persons sentenced for combinations of felony and misdemeanor offenses","url":"\/53.1-152\/","token":"53.1\/4\/3\/53.1-152","metadata":false},{"id":86338,"structure_id":12913,"section_number":"53.1-153","catch_line":"Eligibility of persons sentenced to jails for more than twelve months","url":"\/53.1-153\/","token":"53.1\/4\/3\/53.1-153","metadata":false},{"id":67055,"structure_id":12913,"section_number":"53.1-154","catch_line":"Times at which Virginia Parole Board to review cases","url":"\/53.1-154\/","token":"53.1\/4\/3\/53.1-154","metadata":false},{"id":59216,"structure_id":12913,"section_number":"53.1-154.1","catch_line":"Authority of Director to recommend parole review; release upon review","url":"\/53.1-154.1\/","token":"53.1\/4\/3\/53.1-154.1","metadata":false},{"id":83495,"structure_id":12913,"section_number":"53.1-155","catch_line":"Investigation prior to release; transition assistance","url":"\/53.1-155\/","token":"53.1\/4\/3\/53.1-155","metadata":false},{"id":75651,"structure_id":12913,"section_number":"53.1-155.1","catch_line":"Participation in residential community program prior to final release","url":"\/53.1-155.1\/","token":"53.1\/4\/3\/53.1-155.1","metadata":false},{"id":72544,"structure_id":12913,"section_number":"53.1-156","catch_line":"Period of parole; not counted as part of term","url":"\/53.1-156\/","token":"53.1\/4\/3\/53.1-156","metadata":false},{"id":70398,"structure_id":12913,"section_number":"53.1-157","catch_line":"Parolees to comply with terms; furnishing copies","url":"\/53.1-157\/","token":"53.1\/4\/3\/53.1-157","metadata":false},{"id":61822,"structure_id":12913,"section_number":"53.1-158","catch_line":"Release of prisoner subject to parole","url":"\/53.1-158\/","token":"53.1\/4\/3\/53.1-158","metadata":false},{"id":56156,"structure_id":12913,"section_number":"53.1-159","catch_line":"Mandatory release on parole","url":"\/53.1-159\/","token":"53.1\/4\/3\/53.1-159","metadata":false},{"id":85833,"structure_id":12913,"section_number":"53.1-160","catch_line":"Notice to be given upon prisoner release, escape, etc","url":"\/53.1-160\/","token":"53.1\/4\/3\/53.1-160","metadata":false},{"id":54025,"structure_id":12913,"section_number":"53.1-160.1","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain prisoners","url":"\/53.1-160.1\/","token":"53.1\/4\/3\/53.1-160.1","metadata":false},{"id":81252,"structure_id":12913,"section_number":"53.1-161","catch_line":"Arrest and return of parolee; warrant; release pending adjudication of violation","url":"\/53.1-161\/","token":"53.1\/4\/3\/53.1-161","metadata":false},{"id":71659,"structure_id":12913,"section_number":"53.1-162","catch_line":"Arrest of parolee without warrant; written statement","url":"\/53.1-162\/","token":"53.1\/4\/3\/53.1-162","metadata":false},{"id":73932,"structure_id":12913,"section_number":"53.1-163","catch_line":"Parolee considered as escapee after issuance of warrant","url":"\/53.1-163\/","token":"53.1\/4\/3\/53.1-163","metadata":false},{"id":60291,"structure_id":12913,"section_number":"53.1-164","catch_line":"Procedure for return of parolee","url":"\/53.1-164\/","token":"53.1\/4\/3\/53.1-164","metadata":false},{"id":66066,"structure_id":12913,"section_number":"53.1-165","catch_line":"Revocation of parole; hearing; procedure for parolee in another state; appointment of attorney","url":"\/53.1-165\/","token":"53.1\/4\/3\/53.1-165","metadata":false},{"id":77539,"structure_id":12913,"section_number":"53.1-165.1","catch_line":"Limitation on the application of parole statutes","url":"\/53.1-165.1\/","token":"53.1\/4\/3\/53.1-165.1","metadata":false}],"next_section":{"id":69796,"structure_id":12913,"section_number":"53.1-152","catch_line":"Eligibility of persons sentenced for combinations of felony and misdemeanor offenses","url":"\/53.1-152\/","token":"53.1\/4\/3\/53.1-152","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-151\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 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 1954, chapter 141; in 1956, chapter 342; in 1958, chapters 249 and 468; in 1962, chapter 327; in 1970, chapter 648; in 1975, chapter 244; in 1976, chapters 145, 209, and 425; in 1977, chapters 344, 546, and 570; in 1979, chapter 411; in 1981, chapter 392; in 1982, chapters 270 and 636; in 1985, chapter 555; in 1987, chapter 668; in 1988, chapter 872; in 1990, chapters 220 and 684; in 1991, chapter 423; in 1993, chapters 485, 491, and 907.<\/p>","references":[{"id":66398,"section_number":"18.2-246.14","catch_line":"Counterfeit cigarettes; penalty; civil penalty","order_by":null,"url":"\/18.2-246.14\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":79274,"section_number":"18.2-386.1","catch_line":"Unlawful creation of image of another; penalty","order_by":null,"url":"\/18.2-386.1\/"},{"id":54441,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","order_by":null,"url":"\/18.2-67.5_2\/"},{"id":68571,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","order_by":null,"url":"\/18.2-67.5_3\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":66213,"section_number":"53.1-116","catch_line":"What records and policy jailer shall keep; how time deducted or added for felons and misdemeanants; payment of fine and costs by person committed to jail until he pays","order_by":null,"url":"\/53.1-116\/"},{"id":69796,"section_number":"53.1-152","catch_line":"Eligibility of persons sentenced for combinations of felony and misdemeanor offenses","order_by":null,"url":"\/53.1-152\/"},{"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":59216,"section_number":"53.1-154.1","catch_line":"Authority of Director to recommend parole review; release upon review","order_by":null,"url":"\/53.1-154.1\/"},{"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":74944,"section_number":"53.1-198","catch_line":"Certain persons to choose good conduct system","order_by":null,"url":"\/53.1-198\/"},{"id":56427,"section_number":"53.1-199","catch_line":"Eligibility for good conduct allowance; application","order_by":null,"url":"\/53.1-199\/"},{"id":63586,"section_number":"53.1-202.3","catch_line":"Rate at which sentence credits may be earned; prerequisites","order_by":null,"url":"\/53.1-202.3\/"},{"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":61506,"section_number":"58.1-1017","catch_line":"Sale, purchase, possession, etc., of cigarettes for purpose of evading tax; penalties","order_by":null,"url":"\/58.1-1017\/"}],"refers_to":[{"id":57602,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","order_by":null,"url":"\/18.2-32\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":72423,"section_number":"53.1-191","catch_line":"Credits allowed in cases of injuries to or extraordinary services performed by prisoners; nonforfeiture of credits hereunder","order_by":null,"url":"\/53.1-191\/"},{"id":83331,"section_number":"53.1-197","catch_line":"Credit allowed for career and technical educational or other educational training","order_by":null,"url":"\/53.1-197\/"}],"permalink":{"id":238981,"object_type":"law","relational_id":81762,"identifier":"53.1-151","token":"53.1\/4\/3\/53.1-151","url":"\/53.1-151\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-151\/","token":"53.1\/4\/3\/53.1-151","dublin_core":{"Title":"Eligibility for parole","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-151","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as herein otherwise provided, every person convicted of a felony<\/span> and sentenced and committed by a court<\/span> under the laws<\/span> of this Commonwealth to the Department<\/span> of Corrections, whether or not such person is physically received at a Department<\/span> of Corrections facility, or as provided for in \u00a7 19.2-308.1<\/a>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For the first time, shall be eligible for parole<\/span> after serving one-fourth of the term of imprisonment imposed, or after serving twelve years of the term of imprisonment imposed if one-fourth of the term of imprisonment imposed is more than twelve years; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For the second time, shall be eligible for parole<\/span> after serving one-third of the term of imprisonment imposed, or after serving thirteen years of the term of imprisonment imposed if one-third of the term of imprisonment imposed is more than thirteen years; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> For the third time, shall be eligible for parole<\/span> after serving one-half of the term of imprisonment imposed, or after serving fourteen years of the term of imprisonment imposed if one-half of the term of imprisonment imposed is more than fourteen years; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> For the fourth or subsequent time, shall be eligible for parole<\/span> after serving three-fourths of the term of imprisonment imposed, or after serving fifteen years of the term of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen years.\n\t\t\t\tFor the purposes of subdivisions 2, 3 and 4 of subsection A and for the purposes of subsections B1 and B2, prior commitments shall include commitments to any correctional facility under the laws<\/span> of any state, the District of Columbia, the United States or its territories for murder<\/span>, rape<\/span>, robbery<\/span>, forcible sodomy, animate or inanimate object<\/span> sexual penetration, aggravated sexual battery<\/span>, abduction, kidnapping, burglary<\/span>, felonious assault<\/span> or wounding, or manufacturing, selling, giving, distributing or possessing with the intent<\/span> to manufacture, sell, give or distribute a controlled substance, if such would be a felony<\/span> if committed in the Commonwealth. Only prior commitments interrupted by a person’s being at liberty<\/span>, or resulting from the commission of a felony<\/span> while in a correctional facility of the Commonwealth, of any other state or of the United States, shall be included in determining the number of times such person has been convicted, sentenced and committed for the purposes of subdivisions 2, 3 and 4 of subsection A. “At liberty<\/span>” as used herein shall include not only freedom without any legal restraints, but shall also include release pending trial<\/span>, sentencing or appeal<\/span>, or release on probation<\/span> or parole<\/span> or escape. In the case of terms of imprisonment to be served consecutively, the total time imposed shall constitute the term of the imprisonment; in the case of terms of imprisonment to be served concurrently, the longest term imposed shall be the term of imprisonment. In any case in which a parolee commits an offense<\/span> while on parole<\/span>, only the sentence imposed for such offense<\/span> and not the sentence or sentences or any part thereof from which he was paroled shall constitute the term of imprisonment.\n\t\t\t\tThe Department<\/span> of Corrections shall make all reasonable efforts to determine prior convictions<\/span> and commitments of each inmate for the enumerated offenses<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Persons sentenced to die shall not be eligible for parole<\/span>. Any person sentenced to life imprisonment who escapes from a correctional facility or from any person in charge of his custody<\/span> shall not be eligible for parole<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> Any person convicted of three separate felony<\/span> offenses<\/span> of (i) murder<\/span>, (ii) rape<\/span> or (iii) robbery<\/span> by the presenting of firearms or other deadly weapon, or any combination of the offenses<\/span> specified in subdivisions (i), (ii) or (iii) when such offenses<\/span> were not part of a common act, transaction or scheme shall not be eligible for parole<\/span>. In the event of a determination by the Department<\/span> of Corrections that an individual is not eligible for parole<\/span> under this subsection, the Parole<\/span> Board<\/span> may in its discretion, review that determination, and make a determination for parole<\/span> eligibility pursuant to regulations promulgated by it for that purpose. Any determination of the Parole<\/span> Board<\/span> of parole<\/span> eligibility thereby shall supersede any prior determination of parole<\/span> ineligibility by the Department<\/span> of Corrections under this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B2.<\/span> Any person convicted of three separate felony<\/span> offenses<\/span> of manufacturing, selling, giving, distributing or possessing with the intent<\/span> to manufacture, sell, give or distribute a controlled substance, when such offenses<\/span> were not part of a common act, transaction or scheme, and who has been at liberty<\/span> as defined in this section between each conviction<\/span>, shall not be eligible for parole<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person sentenced to life imprisonment for the first time shall be eligible for parole<\/span> after serving fifteen years, except that if such sentence was for a Class 1 felony<\/span> violation or the first degree murder<\/span> of a child under the age of eight in violation of § 18.2-32<\/a>, he shall be eligible for parole<\/span> after serving twenty-five years, unless he is ineligible for parole<\/span> pursuant to subsection B1 or B2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person who has been sentenced to two or more life sentences, except a person to whom the provisions of subsection B1, B2, or E of this section are applicable, shall be eligible for parole<\/span> after serving twenty years of imprisonment, except that if either such sentence, or both, was or were for a Class 1 felony<\/span> violation, and he is not otherwise ineligible for parole<\/span> pursuant to subsection B1, B2, or E of this section, he shall be eligible for parole<\/span> only after serving thirty years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A person convicted of an offense<\/span> and sentenced to life imprisonment after being paroled from a previous life sentence shall not be eligible for parole<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E1.<\/span> Any person who has been convicted of murder<\/span> in the first degree, rape<\/span> in violation of § 18.2-61<\/a>, forcible sodomy, animate or inanimate object<\/span> sexual penetration or aggravated sexual battery<\/span> and who has been sentenced to a term of years shall, upon a first commitment to the Department<\/span> of Corrections, be eligible for parole<\/span> after serving two-thirds of the term of imprisonment imposed or after serving fourteen years of the term of imprisonment imposed if two-thirds of the term of imprisonment imposed is more than fourteen years. If such person has been previously committed to the Department<\/span> of Corrections, such person shall be eligible for parole<\/span> after serving three-fourths of the term of imprisonment imposed or after serving fifteen years of the terms of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the sentence of a person convicted of a felony<\/span> and sentenced to the Department<\/span> is partially suspended, he shall be eligible for parole<\/span> based on the portion of such sentence execution which was not suspended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The eligibility time for parole<\/span> as specified in subsections A, C and D of this section may be modified as provided in §§ 53.1-191<\/a>, 53.1-197<\/a> and 53.1-198<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The time for eligibility for parole<\/span> as specified in subsection D of this section shall apply only to those criminal acts committed on or after July 1, 1976. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The provisions of subdivisions 2, 3 and 4 of subsection A shall apply only to persons committed to the Department<\/span> of Corrections on or after July 1, 1979, but such persons’ convictions<\/span> and commitments shall include all felony<\/span> convictions<\/span> and commitments without regard to the date of such convictions<\/span> and commitments. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nELIGIBILITY FOR PAROLE (\u00a7 53.1-151)\n\nA. Except as herein otherwise provided, every person convicted of a felony and\nsentenced and committed by a court under the laws of this Commonwealth to the\nDepartment of Corrections, whether or not such person is physically received at\na Department of Corrections facility, or as provided for in \u00a7 19.2-308.1:\n\n 1. For the first time, shall be eligible for parole after serving one-fourth\n of the term of imprisonment imposed, or after serving twelve years of the term\n of imprisonment imposed if one-fourth of the term of imprisonment imposed is\n more than twelve years;\n\n 2. For the second time, shall be eligible for parole after serving one-third\n of the term of imprisonment imposed, or after serving thirteen years of the\n term of imprisonment imposed if one-third of the term of imprisonment imposed\n is more than thirteen years;\n\n 3. For the third time, shall be eligible for parole after serving one-half of\n the term of imprisonment imposed, or after serving fourteen years of the term\n of imprisonment imposed if one-half of the term of imprisonment imposed is\n more than fourteen years;\n\n 4. For the fourth or subsequent time, shall be eligible for parole after\n serving three-fourths of the term of imprisonment imposed, or after serving\n fifteen years of the term of imprisonment imposed if three-fourths of the term\n of imprisonment imposed is more than fifteen years.\n \t\t\t\tFor the purposes of subdivisions 2, 3 and 4 of subsection A and for the\n purposes of subsections B1 and B2, prior commitments shall include commitments\n to any correctional facility under the laws of any state, the District of\n Columbia, the United States or its territories for murder, rape, robbery,\n forcible sodomy, animate or inanimate object sexual penetration, aggravated\n sexual battery, abduction, kidnapping, burglary, felonious assault or\n wounding, or manufacturing, selling, giving, distributing or possessing with\n the intent to manufacture, sell, give or distribute a controlled substance, if\n such would be a felony if committed in the Commonwealth. Only prior\n commitments interrupted by a person’s being at liberty, or resulting\n from the commission of a felony while in a correctional facility of the\n Commonwealth, of any other state or of the United States, shall be included in\n determining the number of times such person has been convicted, sentenced and\n committed for the purposes of subdivisions 2, 3 and 4 of subsection A.\n “At liberty” as used herein shall include not only freedom without\n any legal restraints, but shall also include release pending trial, sentencing\n or appeal, or release on probation or parole or escape. In the case of terms\n of imprisonment to be served consecutively, the total time imposed shall\n constitute the term of the imprisonment; in the case of terms of imprisonment\n to be served concurrently, the longest term imposed shall be the term of\n imprisonment. In any case in which a parolee commits an offense while on\n parole, only the sentence imposed for such offense and not the sentence or\n sentences or any part thereof from which he was paroled shall constitute the\n term of imprisonment.\n \t\t\t\tThe Department of Corrections shall make all reasonable efforts to\n determine prior convictions and commitments of each inmate for the enumerated\n offenses.\n\nB. Persons sentenced to die shall not be eligible for parole. Any person\nsentenced to life imprisonment who escapes from a correctional facility or from\nany person in charge of his custody shall not be eligible for parole.\n\nB1. Any person convicted of three separate felony offenses of (i) murder, (ii)\nrape or (iii) robbery by the presenting of firearms or other deadly weapon, or\nany combination of the offenses specified in subdivisions (i), (ii) or (iii)\nwhen such offenses were not part of a common act, transaction or scheme shall\nnot be eligible for parole. In the event of a determination by the Department of\nCorrections that an individual is not eligible for parole under this subsection,\nthe Parole Board may in its discretion, review that determination, and make a\ndetermination for parole eligibility pursuant to regulations promulgated by it\nfor that purpose. Any determination of the Parole Board of parole eligibility\nthereby shall supersede any prior determination of parole ineligibility by the\nDepartment of Corrections under this subsection.\n\nB2. Any person convicted of three separate felony offenses of manufacturing,\nselling, giving, distributing or possessing with the intent to manufacture,\nsell, give or distribute a controlled substance, when such offenses were not\npart of a common act, transaction or scheme, and who has been at liberty as\ndefined in this section between each conviction, shall not be eligible for\nparole.\n\nC. Any person sentenced to life imprisonment for the first time shall be\neligible for parole after serving fifteen years, except that if such sentence\nwas for a Class 1 felony violation or the first degree murder of a child under\nthe age of eight in violation of § 18.2-32, he shall be eligible for parole\nafter serving twenty-five years, unless he is ineligible for parole pursuant to\nsubsection B1 or B2.\n\nD. A person who has been sentenced to two or more life sentences, except a\nperson to whom the provisions of subsection B1, B2, or E of this section are\napplicable, shall be eligible for parole after serving twenty years of\nimprisonment, except that if either such sentence, or both, was or were for a\nClass 1 felony violation, and he is not otherwise ineligible for parole pursuant\nto subsection B1, B2, or E of this section, he shall be eligible for parole only\nafter serving thirty years.\n\nE. A person convicted of an offense and sentenced to life imprisonment after\nbeing paroled from a previous life sentence shall not be eligible for parole.\n\nE1. Any person who has been convicted of murder in the first degree, rape in\nviolation of § 18.2-61, forcible sodomy, animate or inanimate object sexual\npenetration or aggravated sexual battery and who has been sentenced to a term of\nyears shall, upon a first commitment to the Department of Corrections, be\neligible for parole after serving two-thirds of the term of imprisonment imposed\nor after serving fourteen years of the term of imprisonment imposed if\ntwo-thirds of the term of imprisonment imposed is more than fourteen years. If\nsuch person has been previously committed to the Department of Corrections, such\nperson shall be eligible for parole after serving three-fourths of the term of\nimprisonment imposed or after serving fifteen years of the terms of imprisonment\nimposed if three-fourths of the term of imprisonment imposed is more than\nfifteen years.\n\nF. If the sentence of a person convicted of a felony and sentenced to the\nDepartment is partially suspended, he shall be eligible for parole based on the\nportion of such sentence execution which was not suspended.\n\nG. The eligibility time for parole as specified in subsections A, C and D of\nthis section may be modified as provided in §§ 53.1-191, 53.1-197 and\n53.1-198.\n\nH. The time for eligibility for parole as specified in subsection D of this\nsection shall apply only to those criminal acts committed on or after July 1,\n1976.\n\nI. The provisions of subdivisions 2, 3 and 4 of subsection A shall apply only to\npersons committed to the Department of Corrections on or after July 1, 1979, but\nsuch persons’ convictions and commitments shall include all felony\nconvictions and commitments without regard to the date of such convictions and\ncommitments.\n\nHISTORY: Code 1950, \u00a7\u00a7 53-251, 53-272; 1954, c. 141; 1956, c. 342; 1958, cc.\n249, 468; 1962, c. 327; 1970, c. 648; 1975, c. 244; 1976, cc. 145, 209, 425;\n1977, cc. 344, 546, 570; 1979, c. 411; 1981, c. 392; 1982, cc. 270, 636; 1985,\nc. 555; 1987, c. 668; 1988, c. 872; 1990, cc. 220, 684; 1991, c. 423; 1993, cc.\n485, 491, 907.","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}}