                                 CODE OF VIRGINIA

REVOCATION OF PAROLE; HEARING; PROCEDURE FOR PAROLEE IN ANOTHER STATE;
APPOINTMENT OF ATTORNEY (§ 53.1-165)

A. Whenever any parolee is arrested and recommitted as provided herein, a
preliminary hearing to determine probable cause that such parolee has violated
one or more of the terms or conditions upon which he was released on parole
shall be held by any hearing officer who has been designated as such by the
Director of the Department to conduct such hearings. However, if a nolle
prosequi is to be entered in a case where a parole violation is alleged, no
preliminary hearing shall be required.
			Upon request of the hearing officer, the attorney for the Commonwealth of the
jurisdiction within which such hearings are to be held shall request the circuit
court of such jurisdiction to appoint one or more discreet attorneys-at-law to
represent parolees in any proceedings held before him. Each attorney so
appointed shall be available to serve upon request of the hearing officer. The
term of each attorney&#8217;s appointment shall continue until such time as a
successor may be appointed. A hearing officer shall be authorized to issue
subpoenas requiring the attendance of witnesses and the production of records,
memoranda, papers and other documents before him and to administer oaths and to
take testimony thereunder.
			Upon a finding of probable cause by the hearing officer, the Board or its
authorized representative shall conduct a hearing, consider the case and act
with reference thereto within a reasonable time thereafter. Upon request of the
Board, the attorney for the Commonwealth of the jurisdiction within which such
hearings are to be held shall request the circuit court of that jurisdiction to
appoint one or more discreet attorneys-at-law to represent parolees in
proceedings held or to be held before the Board. Each attorney shall be
available to serve upon request of the Board. The term of each attorney&#8217;s
appointment shall continue until such time as a successor may be appointed. The
Board, in its discretion, may revoke the parole and order the reincarceration of
the prisoner for the unserved portion of the term of imprisonment originally
imposed upon him, or it may reinstate the parole either upon such terms and
conditions as were originally prescribed, or as may be prescribed in addition
thereto or in lieu thereof. When a parole violation is based on a new felony
conviction for which the individual has been sentenced to two or more years,
excluding any time of said sentence which has been suspended, any individual
Board member, so authorized by the Board, may after such hearing revoke the
individual&#8217;s parole as otherwise provided herein.
			Upon revocation of parole for any felony offense, the Board or its authorized
representative shall order that the Department of Corrections take fingerprints
and a photograph of the person for each offense and transmit such information to
the Central Criminal Records Exchange pursuant to subsection D of &#xA7;
19.2-390.

B. In cases in which a parolee is in another state, any hearing officer who has
been designated as such by the Director of the Department may be sent to that
state to conduct a preliminary hearing to determine probable cause that the
parolee has violated one or more of the terms and conditions upon which he was
released upon parole.

C. Any attorney-at-law appointed pursuant to this section shall be paid as
directed by the court making the appointment, from funds appropriated for court
costs and expenses, reasonable compensation on an hourly basis and necessary
expenses, based upon a report to be furnished to it by such attorney. In the
event an attorney-at-law is appointed in another state, he shall be paid out of
funds appropriated to the Department.

HISTORY: Code 1950, § 53-262; 1970, c. 648; 1975, c. 292; 1979, cc. 700, 703;
1982, c. 636; 1985, c. 174; 1986, c. 433; 2000, c. 767; 2019, cc. 782, 783;
2025, c. 716.