{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-165.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-165.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-165.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-165.1.html"}],"law_id":77539,"edition_id":1,"section_id":77539,"structure_id":12913,"section_number":"53.1-165.1","catch_line":"Limitation on the application of parole statutes","history":"1994, 2nd Sp. Sess., cc. 1, 2; 2020, cc. 2, 529, 1200, 1272.","full_text":"A\n\nThe provisions of this article, except &#xA7;&#xA7; 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.B\n\nThe provisions of this article shall apply to any person who was sentenced by a jury prior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, other than (i) a Class 1 felony or (ii) any of the following felony offenses where the victim was a minor: (a) rape in violation of &#xA7; 18.2-61; (b) forcible sodomy in violation of &#xA7; 18.2-67.1; (c) object sexual penetration in violation of &#xA7; 18.2-67.2; (d) aggravated sexual battery in violation of &#xA7; 18.2-67.3; (e) an attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal knowledge in violation of &#xA7; 18.2-63, 18.2-64.1, or 18.2-64.2.C\n\nThe Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B consistent with the provisions of &#xA7; 53.1-154.D\n\nAny person who meets eligibility criteria for parole under subsection B and pursuant to &#xA7; 53.1-151 as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.E\n\nNotwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence shall be eligible for parole and any person who has active sentences that total more than 20 years for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentences shall be eligible for parole. The Board shall review and decide the case of each prisoner who is eligible for parole in accordance with &#xA7; 53.1-154 and rules adopted pursuant to subdivision 2 of &#xA7; 53.1-136.","order_by":null,"text":{"0":{"id":278133,"text":"The provisions of this article, except &#xA7;&#xA7; 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278134,"text":"The provisions of this article shall apply to any person who was sentenced by a jury prior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, other than (i) a Class 1 felony or (ii) any of the following felony offenses where the victim was a minor: (a) rape in violation of &#xA7; 18.2-61; (b) forcible sodomy in violation of &#xA7; 18.2-67.1; (c) object sexual penetration in violation of &#xA7; 18.2-67.2; (d) aggravated sexual battery in violation of &#xA7; 18.2-67.3; (e) an attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal knowledge in violation of &#xA7; 18.2-63, 18.2-64.1, or 18.2-64.2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278135,"text":"The Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B consistent with the provisions of &#xA7; 53.1-154.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278136,"text":"Any person who meets eligibility criteria for parole under subsection B and pursuant to &#xA7; 53.1-151 as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":278137,"text":"Notwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence shall be eligible for parole and any person who has active sentences that total more than 20 years for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentences shall be eligible for parole. The Board shall review and decide the case of each prisoner who is eligible for parole in accordance with &#xA7; 53.1-154 and rules adopted pursuant to subdivision 2 of &#xA7; 53.1-136.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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}],"previous_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-165.1\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0002\">2<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0529\">529<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1200\">1200<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1272\">1272<\/a>.<\/p>","references":[{"id":80848,"section_number":"53.1-136","catch_line":"Powers and duties of Board; notice of release of certain inmates; report","order_by":null,"url":"\/53.1-136\/"}],"refers_to":[{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":76651,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":67558,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":85126,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":80848,"section_number":"53.1-136","catch_line":"Powers and duties of Board; notice of release of certain inmates; report","order_by":null,"url":"\/53.1-136\/"},{"id":81762,"section_number":"53.1-151","catch_line":"Eligibility for parole","order_by":null,"url":"\/53.1-151\/"},{"id":67055,"section_number":"53.1-154","catch_line":"Times at which Virginia Parole Board to review cases","order_by":null,"url":"\/53.1-154\/"},{"id":85833,"section_number":"53.1-160","catch_line":"Notice to be given upon prisoner release, escape, etc","order_by":null,"url":"\/53.1-160\/"},{"id":54025,"section_number":"53.1-160.1","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain prisoners","order_by":null,"url":"\/53.1-160.1\/"}],"permalink":{"id":239053,"object_type":"law","relational_id":77539,"identifier":"53.1-165.1","token":"53.1\/4\/3\/53.1-165.1","url":"\/53.1-165.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-165.1\/","token":"53.1\/4\/3\/53.1-165.1","dublin_core":{"Title":"Limitation on the application of parole statutes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-165.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The provisions of this article, except &#xA7;&#xA7; <a class=\"law\" title=\"Notice to be given upon prisoner release, escape, etc\" href=\"\/53.1-160\/\">53.1-160<\/a> and <a class=\"law\" title=\"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain prisoners\" href=\"\/53.1-160.1\/\">53.1-160.1<\/a>, shall not apply to any sentence imposed or to any prisoner incarcerated upon a <span class=\"dictionary\">conviction<\/span> for a <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span> committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span> committed on or after January 1, 1995, shall not be eligible for <span class=\"dictionary\">parole<\/span> upon that <span class=\"dictionary\">offense<\/span>. <a id=\"paragraph-278133\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-165.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The provisions of this article shall apply to any person who was sentenced by a <span class=\"dictionary\">jury<\/span> prior to June 9, 2000, for any <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span> committed on or after January 1, 1995, and who remained incarcerated for such <span class=\"dictionary\">offense<\/span> on July 1, 2020, other than (i) a Class 1 <span class=\"dictionary\">felony<\/span> or (ii) any of the following <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offenses<\/span> where the victim was a <span class=\"dictionary\">minor<\/span>: (a) <span class=\"dictionary\">rape<\/span> in violation of &#xA7; <a class=\"law\" title=\"Rape\" href=\"\/18.2-61\/\">18.2-61<\/a>; (b) forcible sodomy in violation of &#xA7; <a class=\"law\" title=\"Forcible sodomy\" href=\"\/18.2-67.1\/\">18.2-67.1<\/a>; (c) <span class=\"dictionary\">object<\/span> sexual penetration in violation of &#xA7; <a class=\"law\" title=\"Object sexual penetration; penalty\" href=\"\/18.2-67.2\/\">18.2-67.2<\/a>; (d) aggravated sexual <span class=\"dictionary\">battery<\/span> in violation of &#xA7; <a class=\"law\" title=\"Aggravated sexual battery; penalty\" href=\"\/18.2-67.3\/\">18.2-67.3<\/a>; (e) an attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal knowledge in violation of &#xA7; <a class=\"law\" title=\"Carnal knowledge of child between thirteen and fifteen years of age\" href=\"\/18.2-63\/\">18.2-63<\/a>, <a class=\"law\" title=\"Carnal knowledge of certain minors\" href=\"\/18.2-64.1\/\">18.2-64.1<\/a>, or <a class=\"law\" title=\"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty\" href=\"\/18.2-64.2\/\">18.2-64.2<\/a>. <a id=\"paragraph-278134\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-165.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">Parole<\/span> <span class=\"dictionary\">Board<\/span> shall establish procedures for consideration of <span class=\"dictionary\">parole<\/span> of persons entitled under subsection B consistent with the provisions of &#xA7; <a class=\"law\" title=\"Times at which Virginia Parole Board to review cases\" href=\"\/53.1-154\/\">53.1-154<\/a>. <a id=\"paragraph-278135\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-165.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Any person who meets eligibility criteria for <span class=\"dictionary\">parole<\/span> under subsection B and pursuant to &#xA7; <a class=\"law\" title=\"Eligibility for parole\" href=\"\/53.1-151\/\">53.1-151<\/a> as of July 1, 2020, shall be scheduled for a <span class=\"dictionary\">parole<\/span> interview no later than July 1, 2021, allowing for extension of time for reasonable cause. <a id=\"paragraph-278136\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-165.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Notwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single <span class=\"dictionary\">felony<\/span> or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence shall be eligible for <span class=\"dictionary\">parole<\/span> and any person who has active sentences that total more than 20 years for a single <span class=\"dictionary\">felony<\/span> or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentences shall be eligible for <span class=\"dictionary\">parole<\/span>. The <span class=\"dictionary\">Board<\/span> shall review and decide the case of each prisoner who is eligible for <span class=\"dictionary\">parole<\/span> in accordance with &#xA7; <a class=\"law\" title=\"Times at which Virginia Parole Board to review cases\" href=\"\/53.1-154\/\">53.1-154<\/a> and rules adopted pursuant to subdivision 2 of &#xA7; <a class=\"law\" title=\"Powers and duties of Board; notice of release of certain inmates; report\" href=\"\/53.1-136\/\">53.1-136<\/a>. <a id=\"paragraph-278137\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-165.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLIMITATION ON THE APPLICATION OF PAROLE STATUTES (\u00a7 53.1-165.1)\n\nA. The provisions of this article, except &#xA7;&#xA7; 53.1-160 and 53.1-160.1,\nshall not apply to any sentence imposed or to any prisoner incarcerated upon a\nconviction for a felony offense committed on or after January 1, 1995. Any\nperson sentenced to a term of incarceration for a felony offense committed on or\nafter January 1, 1995, shall not be eligible for parole upon that offense.\n\nB. The provisions of this article shall apply to any person who was sentenced by\na jury prior to June 9, 2000, for any felony offense committed on or after\nJanuary 1, 1995, and who remained incarcerated for such offense on July 1, 2020,\nother than (i) a Class 1 felony or (ii) any of the following felony offenses\nwhere the victim was a minor: (a) rape in violation of &#xA7; 18.2-61; (b)\nforcible sodomy in violation of &#xA7; 18.2-67.1; (c) object sexual penetration\nin violation of &#xA7; 18.2-67.2; (d) aggravated sexual battery in violation of\n&#xA7; 18.2-67.3; (e) an attempt to commit a violation of clause (a), (b), (c),\nor (d); or (f) carnal knowledge in violation of &#xA7; 18.2-63, 18.2-64.1, or\n18.2-64.2.\n\nC. The Parole Board shall establish procedures for consideration of parole of\npersons entitled under subsection B consistent with the provisions of &#xA7;\n53.1-154.\n\nD. Any person who meets eligibility criteria for parole under subsection B and\npursuant to &#xA7; 53.1-151 as of July 1, 2020, shall be scheduled for a parole\ninterview no later than July 1, 2021, allowing for extension of time for\nreasonable cause.\n\nE. Notwithstanding the provisions of subsection A or any other provision of this\narticle to the contrary, any person sentenced to a term of life imprisonment for\na single felony or multiple felonies committed while the person was a juvenile\nand who has served at least 20 years of such sentence shall be eligible for\nparole and any person who has active sentences that total more than 20 years for\na single felony or multiple felonies committed while the person was a juvenile\nand who has served at least 20 years of such sentences shall be eligible for\nparole. The Board shall review and decide the case of each prisoner who is\neligible for parole in accordance with &#xA7; 53.1-154 and rules adopted\npursuant to subdivision 2 of &#xA7; 53.1-136.\n\nHISTORY: 1994, 2nd Sp. Sess., cc. 1, 2; 2020, cc. 2, 529, 1200, 1272.","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}}