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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83495</law_id><section_number>53.1-155</section_number><catch_line>Investigation prior to release; transition assistance</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-11.01</reference><reference>19.2-316.4</reference><reference>53.1-136</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="3">Procedures Governing Parole</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> No person shall be released on <span class="dictionary">parole</span> by the <span class="dictionary">Board</span> until a thorough investigation has been made into the prisoner&#x2019;s history, physical and mental condition and character, and his conduct, employment, and attitude while in prison. All information collected through such investigation shall be made available to the prisoner or his attorney, provided that (i) neither the prisoner nor his attorney shall further disclose, reproduce, copy, or disseminate such information in any way and (ii) the <span class="dictionary">Board</span> shall redact all personal information of the victim. The <span class="dictionary">Board</span> shall also determine that his release on <span class="dictionary">parole</span> will not be incompatible with the interests of society or of the prisoner. The provisions of this section shall not be applicable to persons released on <span class="dictionary">parole</span> pursuant to &#xA7; <a class="law" title="Mandatory release on parole" href="/53.1-159/">53.1-159</a>. <a id="paragraph-299209" class="section-permalink" href="https://vacode.org/53.1-155/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> An investigation conducted pursuant to this section shall include notification that a victim may submit to the Virginia <span class="dictionary">Parole</span> <span class="dictionary">Board</span> <span class="dictionary">evidence</span> concerning the impact that the release of the prisoner will have on such victim. This notification shall be sent to the last address provided to the <span class="dictionary">Board</span> by any victim of a <span class="dictionary">crime</span> for which the prisoner was incarcerated. If additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the <span class="dictionary">director</span> of the victim/<span class="dictionary">witness</span> program, if one exists, of the <span class="dictionary">jurisdiction</span> in which the <span class="dictionary">offense</span> occurred. The <span class="dictionary">Board</span> shall endeavor diligently to contact the victim prior to making any decision to release any inmate on discretionary <span class="dictionary">parole</span>. The victim of a <span class="dictionary">crime</span> for which the prisoner is incarcerated may present to the <span class="dictionary">Board</span> oral, including by virtual means, or written <span class="dictionary">testimony</span> concerning the impact that the release of the prisoner will have on the victim, and the <span class="dictionary">Board</span> shall consider such <span class="dictionary">testimony</span> in its review. Once <span class="dictionary">testimony</span> is submitted by a victim, such <span class="dictionary">testimony</span> shall remain in the prisoner&#x2019;s <span class="dictionary">parole</span> file and shall be considered by the <span class="dictionary">Board</span> at every <span class="dictionary">parole</span> review. The victim of a <span class="dictionary">crime</span> for which the prisoner is incarcerated may submit a request in writing or by electronic means to the <span class="dictionary">Board</span> to be notified of (i) the prisoner&#x2019;s <span class="dictionary">parole</span> eligibility date and mandatory release date as determined by the <span class="dictionary">Department</span> of Corrections, (ii) any <span class="dictionary">parole</span>-related interview dates, and (iii) the <span class="dictionary">Board</span>&#x2019;s decision regarding <span class="dictionary">parole</span> for the prisoner. The victim may request that the <span class="dictionary">Board</span> only notify the victim if, following its review, the <span class="dictionary">Board</span> is inclined to grant <span class="dictionary">parole</span> to the prisoner, in which case the victim shall have 45 days to present written or oral <span class="dictionary">testimony</span> for the <span class="dictionary">Board</span>&#x2019;s consideration. If the victim has requested to be notified only if the <span class="dictionary">Board</span> is inclined to grant <span class="dictionary">parole</span> and no <span class="dictionary">testimony</span>, either written or oral, is received from the victim within at least 45 days of the date of the <span class="dictionary">Board</span>&#x2019;s notification, the <span class="dictionary">Board</span> shall render its decision based on information available to it in accordance with subsection A. The definition of victim in &#xA7; <a class="law" title="Crime victim and witness rights" href="/19.2-11.01/">19.2-11.01</a> shall apply to this section.
			Although any information presented by the victim of a <span class="dictionary">crime</span> for which the prisoner is incarcerated shall be retained in the prisoner&#x2019;s <span class="dictionary">parole</span> file and considered by the <span class="dictionary">Board</span>, such information shall not infringe on the <span class="dictionary">Board</span>&#x2019;s authority to exercise its decision-making authority. <a id="paragraph-299210" class="section-permalink" href="https://vacode.org/53.1-155/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Notwithstanding the provisions of subsection A, if a physical or mental examination of a prisoner eligible for <span class="dictionary">parole</span> has been conducted within the last 12 months, and the prisoner has not required medical or psychiatric treatment within a like period while incarcerated, the prisoner may be released on <span class="dictionary">parole</span> by the <span class="dictionary">Parole</span> <span class="dictionary">Board</span> directly from a <span class="dictionary">local correctional facility</span>.
			The <span class="dictionary">Department</span> shall offer each prisoner to be released on <span class="dictionary">parole</span> or under mandatory release who has been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a transition program within six months of such prisoner&#x2019;s projected or mandatory release date. The program shall include advice for job training opportunities, recommendations for living a <span class="dictionary">law</span>-abiding life, and financial literacy information. The Secretary of Public Safety and Homeland Security shall prescribe guidelines to govern these programs. <a id="paragraph-299211" class="section-permalink" href="https://vacode.org/53.1-155/#C"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 53-253; 1970, c. 648; 1982, c. 636; 1987, c. 668; 1992, c. 222; 1995, cc. 687, 778; 2002, c. 569; 2016, c. 208; 2021, Sp. Sess. I, c. 545; 2023, cc. 805, 806.</history><metadata></metadata></law>
