HB 435 — Parole Board; powers and duties.

SESSION HOUSEENGROSSED SUBSTITUTE 22105381D HOUSE BILL NO.

435 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Public SafetySafety) on January 28, 2022) (Patron Prior to Substitute––Delegate Wright) AHouse BILLAmendments toin amend[ and] reenact–– §§February 53.1-1543, and2022 53.1-155A ofBduties the Code of Virginia, relating to powers and Be it enacted by the GeneralParole AssemblyBoard. of Virginia:

53.1-154 and 53.1-155 of the Code of Virginia, relating to powers and Be it enacted by the General Assembly of Virginia:

E § 53.1-154.

N The Virginia Parole Board shall by regulation divide each calendar year into such equal parts as it may deem appropriate to the efficient administration of the parole system.

Unless there be reasonable cause for extension of the time within which to review and decide a case, the Board shall revieR and decide the case of each prisoner no later than that part of the calendar year in which he becomesandbecomes eligible for parole, and at least annually [ (i) ] every three years thereafter, until he is released on parole orthree discharged,years exceptthereafter, provided that uponthere anyare suchten review10 theyears Boardor maymore scheduleor life imprisonment remaining on the nextsentence reviewin assuch muchcase as[ three, yearsor thereafter,(ii) providedannually thatthereafter, thereuntil arehe tenis 10released yearson parole or morediScharged, orif lifethere imprisonmentare fewer than 10 years remaining on the sentence in such case.case ] .

Notwithstanding any other provision of this article, in the case of a parole revocation, if such person is otherwise eligible for parole, the Board shall review and decide his case no later than that part of the calendar yearDone year subsequent to the part of the calendar year in which he was returned to a facility as provided in § 53.1-161.

Thereafter, his case shall be reviewed as specifiedespecified in this section.

The Board, in addition, may review the case of any prisoner eligible for parolEparole at any other time and may review the case of any prisoner prior to that part of the year otherwise specified.

§A. 53.1-155.

InvestigationNo priorperson toshall release;be released on parole by the Board until a thorough investigation has been made into the prisoner's history, physical and mental condition, and character and his conduct, emplHyment, and attitude while in prison.

transitionIf assistance.applicable, the Board shall review in its entirety the transcript from the trial that resulted in the conviction or convictions for which the prisoner is currently servin3 a term of imprisonment.

SThe intoBoard theshall prisoner'salso history,determine physicalthat andhis mentalrelease condition,on andparole characterwill andnot hisbe conduct,incompatiblE employment,with andthe attitudeinterests whileof insociety prison.or of the prisoner.

IfThe applicable,provisions theof Boardthis section shall reviewnot inbe itsapplicHble entiretyto thepersons transcriptreleased fromon theparole trialpursuant thatto resulted§ in53.1-159. the conviction or convictions for which the prisoner is currently serving a term of imprisonment.

The1 BoardB. shall also determine that his release on parole will not be incompatiblS with the interests of society or of the prisoner.

TheAn provisionsinvestigation ofconducted pursuant to this section shall notinclude benotification applicTblethat toa perB.victim may :

An36 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 3638 havevictim onof sucha victim.crime for which the prisoner was incarcerated.

ThisIf additional victim research is necessary, 39 electronic notification shall be sent to the lastattorney addressfor providedthe toCommonwealth and the Boarddirector Tyof anythe 3740 victimvictim/witness program, if one exists, of athe crimejurisdiction forin which the prisoneroffense wasoccurred. incarcerated.

IfThe additionalBoard victim research is necessary, 38 electronic notification shall beendeavor sentdiligently to thecontact attorney for the Commonwealthvictim andprior theto directormaking ofany thedecision 39to victim/witnessrelease program,any ifinmate oneon exists,discretionary ofparole. the jurisdiction in which the offense occurred.

The BTardvictim of a crime for which the prisoner is incarcerated may present to the Board oral or written testimony concerning the impact that the release of the prisoner will have on the victim, and the Board shall discretionaryconsider parole.such testimony in its review.

The victim of a crime for which the prisoner is incarcerated may present Eo the Board oral 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.

The victim may request that the Board only notify the victim if, following its review, the Board is inclined to grant Haroleparole to the prisoner, in which case the victim shall have forty-five 45 days to present written or oral tesBimonytestimony for the Board's consideration.

If the victim has requested to be notified only if the Board is incl3nedinclined to grant parole and no testimony, either written or oral, is received from the victim within at least foHty-fiveforty-five 45 days of the date of the Board's notification, the Board shall render its decision based on information available to it in accordance with subsection A.

Although any information presented by the victim of a crime for which the prisoner is incarcerated shall be retained in the prisoner's parole file and considered by the Board, such information shall not infringe on the Board's authority to exercise its decision-making authority.

HB435EH1 2 of 2 C.

Notwithstanding the provisions of subsection A, if a physical or mental examination of a prisoner HB435H1 2 of 2 eligible for parole has been conducted within the last twelve 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.