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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>80848</law_id><section_number>53.1-136</section_number><catch_line>Powers and duties of Board; notice of release of certain inmates; report</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-387</reference><reference>19.2-389</reference><reference>19.2-391</reference><reference>2.2-3707.02</reference><reference>53.1-153</reference><reference>53.1-159</reference><reference>53.1-165.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="53.1">Prisons and Other Methods of Correction</unit><unit label="chapter" level="2" order_by="1" identifier="4">Probation and Parole</unit><unit label="article" level="3" order_by="1" identifier="1">Administration Generally</unit></structure><text>
						<section><p>In addition to the other powers and duties imposed upon the <span class="dictionary">Board</span> by this article, the <span class="dictionary">Board</span> shall:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> Adopt, subject to approval by the Governor, general rules governing the granting of <span class="dictionary">parole</span> and eligibility requirements, which shall be published and posted for public review. Such eligibility rules shall require consideration of the prisoner&#x2019;s demonstrated rehabilitation, economic and educational development, commitment to prosocial behavior, and community and family supports; <a id="paragraph-289794" class="section-permalink" href="https://vacode.org/53.1-136/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> Adopt, subject to approval by the Governor, rules providing for the granting of <span class="dictionary">parole</span> to those prisoners who are eligible for <span class="dictionary">parole</span> pursuant to &#xA7; <a class="law" title="Limitation on the application of parole statutes" href="/53.1-165.1/">53.1-165.1</a> on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders; <a id="paragraph-289795" class="section-permalink" href="https://vacode.org/53.1-136/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> a. Release on <span class="dictionary">parole</span> for such time and upon such terms and conditions as the <span class="dictionary">Board</span> shall prescribe, persons convicted of felonies and confined under the <span class="dictionary">laws</span> of the Commonwealth in any correctional facility in Virginia when those persons become eligible and are found suitable for <span class="dictionary">parole</span>, according to those rules adopted pursuant to subdivisions 1 and 2;
			b. Notify the <span class="dictionary">Department</span> of Corrections of its decision to grant discretionary <span class="dictionary">parole</span> or conditional release to an inmate. The <span class="dictionary">Department</span> of Corrections shall set the release date for such inmate no sooner than 30 business days from the date that the <span class="dictionary">Department</span> of Corrections receives such notification from the Chairman of the <span class="dictionary">Board</span>, except that the <span class="dictionary">Department</span> of Corrections may set an earlier release date in the case of an inmate granted conditional release pursuant to &#xA7; <a class="law" title="Conditional release of terminally ill prisoners" href="/53.1-40.02/">53.1-40.02</a>. In the case of an inmate granted <span class="dictionary">parole</span> who was convicted of a <span class="dictionary">felony</span> and sentenced to a term of 10 or more years, or an inmate granted conditional release, the <span class="dictionary">Board</span> shall notify the attorney for the Commonwealth in the <span class="dictionary">jurisdiction</span> where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate&#x2019;s release that such inmate has been granted discretionary <span class="dictionary">parole</span> or conditional release pursuant to &#xA7; <a class="law" title="Conditional release of geriatric prisoners" href="/53.1-40.01/">53.1-40.01</a> or <a class="law" title="Conditional release of terminally ill prisoners" href="/53.1-40.02/">53.1-40.02</a> or (ii) by telephone or other electronic means prior to such inmate&#x2019;s release that such inmate has been granted conditional release pursuant to &#xA7; <a class="law" title="Conditional release of terminally ill prisoners" href="/53.1-40.02/">53.1-40.02</a> where death is imminent. Nothing in this section shall be construed to alter the obligations of the <span class="dictionary">Board</span> under &#xA7; <a class="law" title="Investigation prior to release; transition assistance" href="/53.1-155/">53.1-155</a> for investigation prior to release on discretionary <span class="dictionary">parole</span>;
			c. Provide that in any case where a person who is released on <span class="dictionary">parole</span> has been committed to the <span class="dictionary">Department</span> of Behavioral Health and Developmental Services under the provisions of Chapter 9 (&#xA7; <a class="law" title="Definitions" href="/37.2-900/">37.2-900</a> et seq.) of Title 37.2 the conditions of his <span class="dictionary">parole</span> shall include the requirement that the person comply with all conditions given him by the <span class="dictionary">Department</span> of Behavioral Health and Developmental Services and that he follow all of the terms of his treatment plan; <a id="paragraph-289796" class="section-permalink" href="https://vacode.org/53.1-136/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> Revoke <span class="dictionary">parole</span> and <span class="dictionary">order</span> the reincarceration of any parolee or impose a condition of participation in any component of the Statewide Community-Based Corrections System for State-Responsible Offenders (&#xA7; <a class="law" title="Purpose" href="/53.1-67.2/">53.1-67.2</a> et seq.) on any eligible parolee, when, in the <span class="dictionary">judgment</span> of the <span class="dictionary">Board</span>, he has violated the conditions of his <span class="dictionary">parole</span> or is otherwise unfit to be on <span class="dictionary">parole</span>; <a id="paragraph-289797" class="section-permalink" href="https://vacode.org/53.1-136/#4"><i class="fa fa-link"/></a></p></section>
						<section id="5"><p><span class="prefix-number">5.</span> <span class="dictionary">Issue</span> final discharges to persons released by the <span class="dictionary">Board</span> on <span class="dictionary">parole</span> when the <span class="dictionary">Board</span> is of the <span class="dictionary">opinion</span> that the discharge of the parolee will not be incompatible with the welfare of such person or of society. Final discharges granted prior to the expiration of a period of <span class="dictionary">parole</span> shall be granted only upon approval by a majority of <span class="dictionary">Board</span> members. The <span class="dictionary">Board</span> shall publish an annual report regarding final discharges issued by the <span class="dictionary">Board</span> during the previous 12 months. The report shall include (i) the name of each prisoner granted final discharge, (ii) the <span class="dictionary">offense</span> of which the prisoner was convicted, (iii) the <span class="dictionary">jurisdiction</span> in which such <span class="dictionary">offense</span> was committed, (iv) the length of the prisoner&#x2019;s sentence and the date such sentence was imposed, (v) the amount of time the prisoner has been on <span class="dictionary">parole</span> in the community, (vi) the basis for the final discharge, and (vii) the vote of each <span class="dictionary">Board</span> member; <a id="paragraph-289798" class="section-permalink" href="https://vacode.org/53.1-136/#5"><i class="fa fa-link"/></a></p></section>
						<section id="6"><p><span class="prefix-number">6.</span> Make investigations and reports with respect to any commutation of sentence, <span class="dictionary">pardon</span>, reprieve or remission of fine, or <span class="dictionary">penalty</span> when requested by the Governor; <a id="paragraph-289799" class="section-permalink" href="https://vacode.org/53.1-136/#6"><i class="fa fa-link"/></a></p></section>
						<section id="7"><p><span class="prefix-number">7.</span> Publish a statement by the fifteenth day of each month regarding the actions taken by the <span class="dictionary">Board</span> on the <span class="dictionary">parole</span> of prisoners during the prior month. The statement shall list (i) the name of each prisoner considered for <span class="dictionary">parole</span>, (ii) the <span class="dictionary">offense</span> of which the prisoner was convicted, (iii) the <span class="dictionary">jurisdiction</span> in which such <span class="dictionary">offense</span> was committed, (iv) the length of the prisoner&#x2019;s sentence and the date such sentence was imposed, (v) the amount of time the prisoner has served, (vi) whether the prisoner was granted or denied <span class="dictionary">parole</span>, (vii) individualized reasons for the grant or denial of <span class="dictionary">parole</span>, and (viii) the final vote and the names of the <span class="dictionary">Board</span> members who voted in favor of granting <span class="dictionary">parole</span> and those who voted against. However, in the case of a prisoner granted <span class="dictionary">parole</span>, the information set forth in clauses (i) through (viii) regarding such prisoner shall be included in the statement published in the month immediately succeeding the month in which notification of the decision to grant <span class="dictionary">parole</span> was given to the attorney for the Commonwealth and any victims; <a id="paragraph-289800" class="section-permalink" href="https://vacode.org/53.1-136/#7"><i class="fa fa-link"/></a></p></section>
						<section id="8"><p><span class="prefix-number">8.</span> Publish an annual report regarding actions taken by the <span class="dictionary">Board</span> on the <span class="dictionary">parole</span> of prisoners during the prior year. Such report shall contain each monthly statement published by the <span class="dictionary">Board</span> pursuant to subdivision 7 and a summary that identifies (i) the total number of prisoners considered for <span class="dictionary">parole</span>, (ii) the number of persons granted <span class="dictionary">parole</span>, (iii) the number of persons denied <span class="dictionary">parole</span>, and (iv) the most common reasons for which <span class="dictionary">parole</span> was granted or denied; <a id="paragraph-289801" class="section-permalink" href="https://vacode.org/53.1-136/#8"><i class="fa fa-link"/></a></p></section>
						<section id="9"><p><span class="prefix-number">9.</span> Ensure that each person eligible for <span class="dictionary">parole</span> receives a timely and thorough review of his suitability for release on <span class="dictionary">parole</span>, including a review of any relevant post-sentencing information. If <span class="dictionary">parole</span> is denied, the basis for the denial of <span class="dictionary">parole</span> shall be in writing and shall give specific, individualized reasons for such denial to such inmate; and <a id="paragraph-289802" class="section-permalink" href="https://vacode.org/53.1-136/#9"><i class="fa fa-link"/></a></p></section>
						<section id="10"><p><span class="prefix-number">10.</span> Convene a public meeting, either in person or via video conference, when conducting the final deliberation and vote regarding whether the <span class="dictionary">Board</span> will grant <span class="dictionary">parole</span> to a prisoner. The prisoner being considered for <span class="dictionary">parole</span> or his attorney shall be permitted to attend such meeting either, in the <span class="dictionary">Board</span>&#x2019;s discretion, in person or via video conference. The victim shall be permitted to attend and participate in such meeting either, in the <span class="dictionary">Board</span>&#x2019;s discretion, in person or via video or phone conference or to provide written or recorded <span class="dictionary">testimony</span>. No decision to grant discretionary <span class="dictionary">parole</span> shall be made by the <span class="dictionary">Board</span> unless such decision was discussed and debated at a meeting at which no fewer than three of the <span class="dictionary">Board</span> members were present. Whether the <span class="dictionary">Board</span> grants or denies discretionary <span class="dictionary">parole</span> to an inmate, each <span class="dictionary">Board</span> member shall identify his reasoning for such decision at the time such member&#x2019;s vote is cast. <a id="paragraph-289803" class="section-permalink" href="https://vacode.org/53.1-136/#10"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7;&#xA7; 53-238, 53-265; 1966, c. 638; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1979, c. 625; 1982, c. 636; 1990, c. 538; 2000, cc. 338, 767; 2002, c. 569; 2003, c. 132; 2005, c. 657; 2006, cc. 863, 914; 2009, cc. 813, 840; 2013, c. 708; 2020, cc. 2, 529; 2021, Sp. Sess. I, cc. 287, 545; 2022, c. 141; 2023, cc. 805, 806; 2025, c. 716.</history><metadata></metadata></law>
