{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-165.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-165.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-165.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-165.html"}],"law_id":66066,"edition_id":1,"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","history":"Code 1950, \u00a7 53-262; 1970, c. 648; 1975, c. 292; 1979, cc. 700, 703; 1982, c. 636; 1985, c. 174; 1986, c. 433; 2000, c. 767; 2019, cc. 782, 783; 2025, c. 716.","full_text":"A\n\nWhenever any parolee is arrested and recommitted as provided herein, a preliminary hearing to determine probable cause that such parolee has violated one or more of the terms or conditions upon which he was released on parole shall be held by any hearing officer who has been designated as such by the Director of the Department to conduct such hearings. However, if a nolle prosequi is to be entered in a case where a parole violation is alleged, no preliminary hearing shall be required.\n\t\t\tUpon request of the hearing officer, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of such jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in any proceedings held before him. Each attorney so appointed shall be available to serve upon request of the hearing officer. The term of each attorney’s appointment shall continue until such time as a successor may be appointed. A hearing officer shall be authorized to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before him and to administer oaths and to take testimony thereunder.\n\t\t\tUpon a finding of probable cause by the hearing officer, the Board or its authorized representative shall conduct a hearing, consider the case and act with reference thereto within a reasonable time thereafter. Upon request of the Board, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of that jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in proceedings held or to be held before the Board. Each attorney shall be available to serve upon request of the Board. The term of each attorney’s appointment shall continue until such time as a successor may be appointed. The Board, in its discretion, may revoke the parole and order the reincarceration of the prisoner for the unserved portion of the term of imprisonment originally imposed upon him, or it may reinstate the parole either upon such terms and conditions as were originally prescribed, or as may be prescribed in addition thereto or in lieu thereof. When a parole violation is based on a new felony conviction for which the individual has been sentenced to two or more years, excluding any time of said sentence which has been suspended, any individual Board member, so authorized by the Board, may after such hearing revoke the individual’s parole as otherwise provided herein.\n\t\t\tUpon revocation of parole for any felony offense, the Board or its authorized representative shall order that the Department of Corrections take fingerprints and a photograph of the person for each offense and transmit such information to the Central Criminal Records Exchange pursuant to subsection D of § 19.2-390.B\n\nIn cases in which a parolee is in another state, any hearing officer who has been designated as such by the Director of the Department may be sent to that state to conduct a preliminary hearing to determine probable cause that the parolee has violated one or more of the terms and conditions upon which he was released upon parole.C\n\nAny attorney-at-law appointed pursuant to this section shall be paid as directed by the court making the appointment, from funds appropriated for court costs and expenses, reasonable compensation on an hourly basis and necessary expenses, based upon a report to be furnished to it by such attorney. In the event an attorney-at-law is appointed in another state, he shall be paid out of funds appropriated to the Department.","order_by":null,"text":{"0":{"id":240044,"text":"Whenever any parolee is arrested and recommitted as provided herein, a preliminary hearing to determine probable cause that such parolee has violated one or more of the terms or conditions upon which he was released on parole shall be held by any hearing officer who has been designated as such by the Director of the Department to conduct such hearings. However, if a nolle prosequi is to be entered in a case where a parole violation is alleged, no preliminary hearing shall be required.\n\t\t\tUpon request of the hearing officer, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of such jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in any proceedings held before him. Each attorney so appointed shall be available to serve upon request of the hearing officer. The term of each attorney’s appointment shall continue until such time as a successor may be appointed. A hearing officer shall be authorized to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before him and to administer oaths and to take testimony thereunder.\n\t\t\tUpon a finding of probable cause by the hearing officer, the Board or its authorized representative shall conduct a hearing, consider the case and act with reference thereto within a reasonable time thereafter. Upon request of the Board, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of that jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in proceedings held or to be held before the Board. Each attorney shall be available to serve upon request of the Board. The term of each attorney’s appointment shall continue until such time as a successor may be appointed. The Board, in its discretion, may revoke the parole and order the reincarceration of the prisoner for the unserved portion of the term of imprisonment originally imposed upon him, or it may reinstate the parole either upon such terms and conditions as were originally prescribed, or as may be prescribed in addition thereto or in lieu thereof. When a parole violation is based on a new felony conviction for which the individual has been sentenced to two or more years, excluding any time of said sentence which has been suspended, any individual Board member, so authorized by the Board, may after such hearing revoke the individual’s parole as otherwise provided herein.\n\t\t\tUpon revocation of parole for any felony offense, the Board or its authorized representative shall order that the Department of Corrections take fingerprints and a photograph of the person for each offense and transmit such information to the Central Criminal Records Exchange pursuant to subsection D of § 19.2-390.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240045,"text":"In cases in which a parolee is in another state, any hearing officer who has been designated as such by the Director of the Department may be sent to that state to conduct a preliminary hearing to determine probable cause that the parolee has violated one or more of the terms and conditions upon which he was released upon parole.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240046,"text":"Any attorney-at-law appointed pursuant to this section shall be paid as directed by the court making the appointment, from funds appropriated for court costs and expenses, reasonable compensation on an hourly basis and necessary expenses, based upon a report to be furnished to it by such attorney. In the event an attorney-at-law is appointed in another state, he shall be paid out of funds appropriated to the Department.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-165\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1970, chapter 648; in 1975, chapter 292; in 1979, chapters 700 and 703; in 1982, chapter 636; in 1985, chapter 174; in 1986, chapter 433; in 2000, chapter 767<\/a>; in 2019, chapters 782<\/a> and 783<\/a>; in 2025, chapter 716<\/a>.<\/p>","references":[{"id":76761,"section_number":"19.2-316.4","catch_line":"Eligibility for participation in community corrections alternative program; evaluation; sentencing; withdrawal or removal from program; payment of costs","order_by":null,"url":"\/19.2-316.4\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":80211,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","order_by":null,"url":"\/19.2-392\/"}],"refers_to":false,"permalink":{"id":239049,"object_type":"law","relational_id":66066,"identifier":"53.1-165","token":"53.1\/4\/3\/53.1-165","url":"\/53.1-165\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-165\/","token":"53.1\/4\/3\/53.1-165","dublin_core":{"Title":"Revocation of parole; hearing; procedure for parolee in another state; appointment of attorney","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-165","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any parolee is arrested and recommitted as provided herein, a preliminary hearing<\/span> to determine probable cause<\/span> that such parolee has violated one or more of the terms or conditions upon which he was released on parole<\/span> shall be held by any hearing officer who has been designated as such by the Director<\/span> of the Department<\/span> to conduct such hearings<\/span>. However, if a nolle prosequi<\/span> is to be entered in a case where a parole<\/span> violation is alleged, no preliminary hearing<\/span> shall be required.\n\t\t\tUpon request of the hearing officer, the attorney for the Commonwealth of the jurisdiction<\/span> within which such hearings<\/span> are to be held shall request the circuit<\/span> court<\/span> of such jurisdiction<\/span> to appoint one or more discreet attorneys-at-law<\/span> to represent parolees in any proceedings held before him. Each attorney so appointed shall be available to serve upon request of the hearing officer. The term of each attorney’s appointment shall continue until such time as a successor may be appointed. A hearing officer shall be authorized to issue<\/span> subpoenas<\/span> requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before him and to administer oaths<\/span> and to take testimony<\/span> thereunder.\n\t\t\tUpon a finding<\/span> of probable cause<\/span> by the hearing officer, the Board<\/span> or its authorized representative shall conduct a hearing, consider the case and act with reference thereto within a reasonable time thereafter. Upon request of the Board<\/span>, the attorney for the Commonwealth of the jurisdiction<\/span> within which such hearings<\/span> are to be held shall request the circuit<\/span> court<\/span> of that jurisdiction<\/span> to appoint one or more discreet attorneys-at-law<\/span> to represent parolees in proceedings held or to be held before the Board<\/span>. Each attorney shall be available to serve upon request of the Board<\/span>. The term of each attorney’s appointment shall continue until such time as a successor may be appointed. The Board<\/span>, in its discretion, may revoke the parole<\/span> and order<\/span> the reincarceration of the prisoner for the unserved portion of the term of imprisonment originally imposed upon him, or it may reinstate the parole<\/span> either upon such terms and conditions as were originally prescribed, or as may be prescribed in addition thereto or in lieu thereof. When a parole<\/span> violation is based on a new felony<\/span> conviction<\/span> for which the individual has been sentenced to two or more years, excluding any time of said sentence which has been suspended, any individual Board<\/span> member, so authorized by the Board<\/span>, may after such hearing revoke the individual’s parole<\/span> as otherwise provided herein.\n\t\t\tUpon revocation<\/span> of parole<\/span> for any felony<\/span> offense<\/span>, the Board<\/span> or its authorized representative shall order<\/span> that the Department<\/span> of Corrections take fingerprints and a photograph of the person for each offense<\/span> and transmit such information to the Central Criminal Records Exchange pursuant to subsection D of § 19.2-390<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In cases in which a parolee is in another state, any hearing officer who has been designated as such by the Director<\/span> of the Department<\/span> may be sent to that state to conduct a preliminary hearing<\/span> to determine probable cause<\/span> that the parolee has violated one or more of the terms and conditions upon which he was released upon parole<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any attorney-at-law<\/span> appointed pursuant to this section shall be paid as directed by the court<\/span> making the appointment, from funds appropriated for court<\/span> costs and expenses, reasonable compensation on an hourly basis and necessary expenses, based upon a report to be furnished to it by such attorney. In the event an attorney-at-law<\/span> is appointed in another state, he shall be paid out of funds appropriated to the Department<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OF PAROLE; HEARING; PROCEDURE FOR PAROLEE IN ANOTHER STATE;\nAPPOINTMENT OF ATTORNEY (\u00a7 53.1-165)\n\nA. Whenever any parolee is arrested and recommitted as provided herein, a\npreliminary hearing to determine probable cause that such parolee has violated\none or more of the terms or conditions upon which he was released on parole\nshall be held by any hearing officer who has been designated as such by the\nDirector of the Department to conduct such hearings. However, if a nolle\nprosequi is to be entered in a case where a parole violation is alleged, no\npreliminary hearing shall be required.\n\t\t\tUpon request of the hearing officer, the attorney for the Commonwealth of the\njurisdiction within which such hearings are to be held shall request the circuit\ncourt of such jurisdiction to appoint one or more discreet attorneys-at-law to\nrepresent parolees in any proceedings held before him. Each attorney so\nappointed shall be available to serve upon request of the hearing officer. The\nterm of each attorney’s appointment shall continue until such time as a\nsuccessor may be appointed. A hearing officer shall be authorized to issue\nsubpoenas requiring the attendance of witnesses and the production of records,\nmemoranda, papers and other documents before him and to administer oaths and to\ntake testimony thereunder.\n\t\t\tUpon a finding of probable cause by the hearing officer, the Board or its\nauthorized representative shall conduct a hearing, consider the case and act\nwith reference thereto within a reasonable time thereafter. Upon request of the\nBoard, the attorney for the Commonwealth of the jurisdiction within which such\nhearings are to be held shall request the circuit court of that jurisdiction to\nappoint one or more discreet attorneys-at-law to represent parolees in\nproceedings held or to be held before the Board. Each attorney shall be\navailable to serve upon request of the Board. The term of each attorney’s\nappointment shall continue until such time as a successor may be appointed. The\nBoard, in its discretion, may revoke the parole and order the reincarceration of\nthe prisoner for the unserved portion of the term of imprisonment originally\nimposed upon him, or it may reinstate the parole either upon such terms and\nconditions as were originally prescribed, or as may be prescribed in addition\nthereto or in lieu thereof. When a parole violation is based on a new felony\nconviction for which the individual has been sentenced to two or more years,\nexcluding any time of said sentence which has been suspended, any individual\nBoard member, so authorized by the Board, may after such hearing revoke the\nindividual’s parole as otherwise provided herein.\n\t\t\tUpon revocation of parole for any felony offense, the Board or its authorized\nrepresentative shall order that the Department of Corrections take fingerprints\nand a photograph of the person for each offense and transmit such information to\nthe Central Criminal Records Exchange pursuant to subsection D of §\n19.2-390.\n\nB. In cases in which a parolee is in another state, any hearing officer who has\nbeen designated as such by the Director of the Department may be sent to that\nstate to conduct a preliminary hearing to determine probable cause that the\nparolee has violated one or more of the terms and conditions upon which he was\nreleased upon parole.\n\nC. Any attorney-at-law appointed pursuant to this section shall be paid as\ndirected by the court making the appointment, from funds appropriated for court\ncosts and expenses, reasonable compensation on an hourly basis and necessary\nexpenses, based upon a report to be furnished to it by such attorney. In the\nevent an attorney-at-law is appointed in another state, he shall be paid out of\nfunds appropriated to the Department.\n\nHISTORY: Code 1950, \u00a7 53-262; 1970, c. 648; 1975, c. 292; 1979, cc. 700, 703;\n1982, c. 636; 1985, c. 174; 1986, c. 433; 2000, c. 767; 2019, cc. 782, 783;\n2025, 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}}