                                 CODE OF VIRGINIA

INVESTIGATION PRIOR TO RELEASE; TRANSITION ASSISTANCE (§ 53.1-155)

A. No person shall be released on parole by the Board until a thorough
investigation has been made into the prisoner&#8217;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 Board shall redact all
personal information of the victim. The Board shall also determine that his
release on parole 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 parole pursuant to &#xA7; 53.1-159.

B. An investigation conducted pursuant to this section shall include
notification that a victim may submit to the Virginia Parole Board evidence
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 Board by any
victim of a crime 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 director of the victim/witness program, if one exists,
of the jurisdiction in which the offense occurred. The Board shall endeavor
diligently to contact the victim prior to making any decision to release any
inmate on discretionary parole. The victim of a crime for which the prisoner is
incarcerated may present to the Board oral, including by virtual means, or
written testimony concerning the impact that the release of the prisoner will
have on the victim, and the Board shall consider such testimony in its review.
Once testimony is submitted by a victim, such testimony shall remain in the
prisoner&#8217;s parole file and shall be considered by the Board at every
parole review. The victim of a crime for which the prisoner is incarcerated may
submit a request in writing or by electronic means to the Board to be notified
of (i) the prisoner&#8217;s parole eligibility date and mandatory release date
as determined by the Department of Corrections, (ii) any parole-related
interview dates, and (iii) the Board&#8217;s decision regarding parole for the
prisoner. The victim may request that the Board only notify the victim if,
following its review, the Board is inclined to grant parole to the prisoner, in
which case the victim shall have 45 days to present written or oral testimony
for the Board&#8217;s consideration. If the victim has requested to be notified
only if the Board is inclined to grant parole and no testimony, either written
or oral, is received from the victim within at least 45 days of the date of the
Board&#8217;s notification, the Board shall render its decision based on
information available to it in accordance with subsection A. The definition of
victim in &#xA7; 19.2-11.01 shall apply to this section.
			Although any information presented by the victim of a crime for which the
prisoner is incarcerated shall be retained in the prisoner&#8217;s parole file
and considered by the Board, such information shall not infringe on the
Board&#8217;s authority to exercise its decision-making authority.

C. Notwithstanding the provisions of subsection A, if a physical or mental
examination of a prisoner eligible for parole 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 parole
by the Parole Board directly from a local correctional facility.
			The Department shall offer each prisoner to be released on parole 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&#8217;s projected or mandatory release date. The
program shall include advice for job training opportunities, recommendations for
living a law-abiding life, and financial literacy information. The Secretary of
Public Safety and Homeland Security shall prescribe guidelines to govern these
programs.

HISTORY: Code 1950, § 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.