                                 CODE OF VIRGINIA

MANDATORY RELEASE ON PAROLE (§ 53.1-159)

Every person who is sentenced and committed under the laws of the Commonwealth
to the Department of Corrections or as provided for in §§ 19.2-308.1, 53.1-152
or § 53.1-153 shall be released on parole by the Virginia Parole Board six
months prior to his date of final release. Each person so sentenced or
committed, however, shall serve a minimum of three months of his sentence prior
to such a release. Persons who are so released on parole shall be subject to a
minimum of six months&#8217; supervision and an additional period of parole
ending on the date upon which the parolee would have served the maximum term of
confinement, or any period the Board otherwise deems appropriate in accordance
with § 53.1-156. Such persons shall also be subject, for the entire period of
parole fixed by the Board, to such terms and conditions prescribed by the Board
in accordance with § 53.1-157.
		Notwithstanding the provisions of the preceding paragraph, if within thirty
days of a release scheduled pursuant to this section, new information is
presented to the Board which gives the Board reasonable cause to believe that
the release poses a clear and present danger to the life or physical safety of
any person, the Board may delay the release for up to six months to investigate
the matter and to refer it to law-enforcement, mental health or other
appropriate authorities for investigation and any other appropriate action by
such authorities.
		No person released on parole pursuant to § 53.1-136, and whose parole is
subsequently revoked, shall be released on parole pursuant to this section until
at least six months have elapsed from the date of the decision revoking his
parole. No person released on parole pursuant to this section, whose parole is
subsequently revoked, shall thereafter be released on parole pursuant to this
section. Final discharge may be extended to require the prisoner to serve the
full portion of the term imposed by the sentencing court which was unexpired
when the prisoner was released on parole.
		For purposes of this section, (i) &#8220;maximum term of confinement&#8221;
means the maximum term of incarceration established by law as punishment for the
offense, (ii) &#8220;mandatory release date&#8221; means that date which is six
months prior to the scheduled date of release and takes into consideration good
conduct credits, and (iii) &#8220;final discharge&#8221; and &#8220;discharge
from parole&#8221; mean that a prisoner is released from confinement having
satisfied the full term imposed by the sentencing court without regard to good
conduct credit. Nothing contained herein shall be construed to create a right or
entitlement to parole.

HISTORY: Code 1950, § 53-251.3; 1979, c. 415; 1981, cc. 20, 392; 1982, c. 636;
1985, c. 175; 1987, c. 668; 1991, c. 410; 1994, c. 894.