                                 CODE OF VIRGINIA

POWERS AND DUTIES OF BOARD; NOTICE OF RELEASE OF CERTAIN INMATES; REPORT (§
53.1-136)

In addition to the other powers and duties imposed upon the Board by this
article, the Board shall:

1. Adopt, subject to approval by the Governor, general rules governing the
granting of parole and eligibility requirements, which shall be published and
posted for public review. Such eligibility rules shall require consideration of
the prisoner&#8217;s demonstrated rehabilitation, economic and educational
development, commitment to prosocial behavior, and community and family
supports;

2. Adopt, subject to approval by the Governor, rules providing for the granting
of parole to those prisoners who are eligible for parole pursuant to &#xA7;
53.1-165.1 on the basis of demonstrated maturity and rehabilitation and the
lesser culpability of juvenile offenders;

3. a. Release on parole for such time and upon such terms and conditions as the
Board shall prescribe, persons convicted of felonies and confined under the laws
of the Commonwealth in any correctional facility in Virginia when those persons
become eligible and are found suitable for parole, according to those rules
adopted pursuant to subdivisions 1 and 2;
			b. Notify the Department of Corrections of its decision to grant
discretionary parole or conditional release to an inmate. The Department of
Corrections shall set the release date for such inmate no sooner than 30
business days from the date that the Department of Corrections receives such
notification from the Chairman of the Board, except that the Department of
Corrections may set an earlier release date in the case of an inmate granted
conditional release pursuant to &#xA7; 53.1-40.02. In the case of an inmate
granted parole who was convicted of a felony and sentenced to a term of 10 or
more years, or an inmate granted conditional release, the Board shall notify the
attorney for the Commonwealth in the jurisdiction where the inmate was sentenced
(i) by electronic means at least 21 business days prior to such inmate&#8217;s
release that such inmate has been granted discretionary parole or conditional
release pursuant to &#xA7; 53.1-40.01 or 53.1-40.02 or (ii) by telephone or
other electronic means prior to such inmate&#8217;s release that such inmate has
been granted conditional release pursuant to &#xA7; 53.1-40.02 where death is
imminent. Nothing in this section shall be construed to alter the obligations of
the Board under &#xA7; 53.1-155 for investigation prior to release on
discretionary parole;
			c. Provide that in any case where a person who is released on parole has been
committed to the Department of Behavioral Health and Developmental Services
under the provisions of Chapter 9 (&#xA7; 37.2-900 et seq.) of Title 37.2 the
conditions of his parole shall include the requirement that the person comply
with all conditions given him by the Department of Behavioral Health and
Developmental Services and that he follow all of the terms of his treatment
plan;

4. Revoke parole and order 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; 53.1-67.2 et seq.) on
any eligible parolee, when, in the judgment of the Board, he has violated the
conditions of his parole or is otherwise unfit to be on parole;

5. Issue final discharges to persons released by the Board on parole when the
Board is of the opinion 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 parole shall be granted only upon
approval by a majority of Board members. The Board shall publish an annual
report regarding final discharges issued by the Board during the previous 12
months. The report shall include (i) the name of each prisoner granted final
discharge, (ii) the offense of which the prisoner was convicted, (iii) the
jurisdiction in which such offense was committed, (iv) the length of the
prisoner&#8217;s sentence and the date such sentence was imposed, (v) the amount
of time the prisoner has been on parole in the community, (vi) the basis for the
final discharge, and (vii) the vote of each Board member;

6. Make investigations and reports with respect to any commutation of sentence,
pardon, reprieve or remission of fine, or penalty when requested by the
Governor;

7. Publish a statement by the fifteenth day of each month regarding the actions
taken by the Board on the parole of prisoners during the prior month. The
statement shall list (i) the name of each prisoner considered for parole, (ii)
the offense of which the prisoner was convicted, (iii) the jurisdiction in which
such offense was committed, (iv) the length of the prisoner&#8217;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 parole, (vii)
individualized reasons for the grant or denial of parole, and (viii) the final
vote and the names of the Board members who voted in favor of granting parole
and those who voted against. However, in the case of a prisoner granted parole,
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 parole was given to the
attorney for the Commonwealth and any victims;

8. Publish an annual report regarding actions taken by the Board on the parole
of prisoners during the prior year. Such report shall contain each monthly
statement published by the Board pursuant to subdivision 7 and a summary that
identifies (i) the total number of prisoners considered for parole, (ii) the
number of persons granted parole, (iii) the number of persons denied parole, and
(iv) the most common reasons for which parole was granted or denied;

9. Ensure that each person eligible for parole receives a timely and thorough
review of his suitability for release on parole, including a review of any
relevant post-sentencing information. If parole is denied, the basis for the
denial of parole shall be in writing and shall give specific, individualized
reasons for such denial to such inmate; and

10. Convene a public meeting, either in person or via video conference, when
conducting the final deliberation and vote regarding whether the Board will
grant parole to a prisoner. The prisoner being considered for parole or his
attorney shall be permitted to attend such meeting either, in the Board&#8217;s
discretion, in person or via video conference. The victim shall be permitted to
attend and participate in such meeting either, in the Board&#8217;s discretion,
in person or via video or phone conference or to provide written or recorded
testimony. No decision to grant discretionary parole shall be made by the Board
unless such decision was discussed and debated at a meeting at which no fewer
than three of the Board members were present. Whether the Board grants or denies
discretionary parole to an inmate, each Board member shall identify his
reasoning for such decision at the time such member&#8217;s vote is cast.

HISTORY: Code 1950, §§ 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.