                                 CODE OF VIRGINIA

INVESTIGATION OF CASES FOR EXECUTIVE CLEMENCY BY PAROLE BOARD (§ 53.1-231)

A. The Virginia Parole Board shall, at the request of the Governor, investigate
and report to the Governor on cases in which executive clemency is sought. In
any other case in which it believes action on the part of the Governor is proper
or in the best interest of the Commonwealth, the Board may investigate and
report to the Governor with its recommendations.

B. Upon request by the Virginia Parole Board related to an investigation and
report conducted pursuant to this section and except to the extent otherwise
permitted by law, all public bodies engaged in criminal law-enforcement
activities shall provide copies of the following records:

   1. Unredacted criminal investigative files, defined as any documents and
   information including complaints, court orders, memoranda, notes, incident
   reports, officers&#8217; field summary reports, diagrams, maps, photographs,
   video recordings, audio recordings, correspondence, narrative reports, witness
   statements, victim statements, the identification of witnesses and victims and
   their personal identifying information, prosecution files, photo lineups, and
   evidence relating to a criminal investigation or prosecution regardless of the
   juvenile status of the victim, witness, or suspect;

   2. An attorney for the Commonwealth&#8217;s prosecution files;

   3. Records of any call for service or other communication to an emergency 911
   system or communication with any other equivalent reporting system;

   4. Adult and juvenile arrestee photographs taken during the initial intake
   following the arrest and as part of the routine booking procedure;

   5. Information relative to the identity of any individual, to include a
   juvenile and his personal identifying information, who is arrested and
   charged, and the status of the charge or arrest; and

   6. Sealed presentence investigation reports.

C. Notwithstanding any other provision of law, records of any general district
court, juvenile and domestic relations district court, or circuit court and the
Department of Forensic Science shall be subject to the provisions of this
section.

D. Records requested from any public body engaged in criminal law-enforcement
activities, including any court or state or local government agency, pursuant to
this section shall be provided to the Virginia Parole Board at no cost.

E. The public body must respond to a request for records made pursuant to this
section within 30 working days of receiving the request. If it is not
practically possible to provide the requested records or to determine whether
they are available within 30 days, such response shall specify the conditions
that make a response impossible and the amount of additional time needed to
satisfy the request.

F. Records obtained pursuant to the provisions of this section shall be excluded
from mandatory public disclosure under the Virginia Freedom of Information Act
(&#xA7; 2.2-3700 et seq.) as working papers and correspondence of the Office of
the Governor pursuant to subdivision 2 of &#xA7; 2.2-3705.7.

HISTORY: Code 1950, § 53-229; 1970, c. 648; 1982, c. 636; 2025, c. 12.