SB 1245 — Parolee or felon; arrest & return when serving a period of postrelease supervision.

Adopt, subject to approval by the Governor, rules providing for the granting of parole to those prisoners who are eligible for parole pursuant to § 53.1-165.1 on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders;

3.

a.

Release on parole for such time and upon such terms and conditions as the Board shall prescribe, persons convicted of felonies and confined under the laws of the Commonwealth in any correctional facility in Virginia when those persons become eligible and are found suitable for parole, according to those rules adopted pursuant to subdivisions 1 and 2;

b.

Establish the conditions of postrelease supervision authorized pursuant to § 18.2-10 and subsection A of § 19.2-295.2;

c.

Notify the Department of Corrections of its decision to grant discretionary parole or conditional release to an inmate.

The Department of Corrections shall set the release date for such inmate no sooner than 30 business days from the date that the Department of Corrections receives such notification from the Chairman of the Board, except that the Department of Corrections may set an earlier release date in the case of an inmate granted conditional release pursuant to § 53.1-40.02.

In the case of an inmate granted parole who was convicted of a felony and sentenced to a term of 10 or more years, or an inmate granted conditional release, the Board shall notify the attorney for the Commonwealth in the jurisdiction where the inmate was sentenced (i) by electronic means at least 21 business days prior to such inmate's release that such inmate has been granted discretionary parole or conditional release pursuant to § 53.1-40.01 or 53.1-40.02 or (ii) by telephone or other electronic means prior to such inmate's release that such inmate has been granted conditional release pursuant to § 53.1-40.02 where death is imminent.

Nothing in this section shall be construed to alter the obligations of the Board under § 53.1-155 for investigation prior to release on discretionary parole;

d.

c.

Provide that in any case where a person who is released on parole or postrelease supervision has been committed to the Department of Behavioral Health and Developmental Services under the provisions of Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 the conditions of his parole or postrelease supervision shall include the requirement that the person comply with all conditions given him by the Department of Behavioral Health and Developmental Services and that he follow all of the terms of his treatment plan;

4.

Revoke parole and any period of postrelease and order the reincarceration of any parolee or felon serving a period of postrelease supervision or impose a condition of participation in any component of the Statewide Community-Based Corrections System for State-Responsible Offenders (§ 53.1-67.2 et seq.) on any eligible parolee, when, in the judgment of the Board, he has violated the conditions of his parole or postrelease supervision or is otherwise unfit to be on parole or on postrelease supervision;

5.

Issue final discharges to persons released by the Board on parole when the Board is of the opinion that the discharge of the parolee will not be incompatible with the welfare of such person or of society;

6.

Make investigations and reports with respect to any commutation of sentence, pardon, reprieve or remission of fine, or penalty when requested by the Governor;

7.

Publish a statement regarding the action taken by the Board on the parole of prisoners within 30 days of such action.

The statement shall list (i) the name of each prisoner considered for parole, (ii) the offense of which the prisoner was convicted, (iii) the jurisdiction in which such offense was committed, (iv) the length of the prisoner's sentence and the date such sentence was imposed, (v) the amount of time the prisoner has served, (vi) whether the prisoner was granted or denied parole, and (vii) the basis for the grant or denial of parole.

However, in the case of a prisoner granted parole, the information set forth in clauses (i) through (vii) regarding such prisoner shall be included in the statement published in the month immediately succeeding the month in which notification of the decision to grant parole was given to the attorney for the Commonwealth and any victims;

and 8.

Ensure that each person eligible for parole receives a timely and thorough review of his suitability for release on parole, including a review of any relevant post-sentencing information.

If parole is denied, of 5 such inmate.r the denial of parole shall be in writing and shall give specific reasons for such denial to § 53.1-145.

Powers and duties of probation and parole officers.

In addition to other powers and duties prescribed by this article, each probation and parole officer shall:

1.

Investigate and report on any case pending in any court or before any judge in his jurisdiction ref2.

Supervise and assist all persons within his territory placed on probation, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and furnish every such person with a written statement of the conditions of his probation and instruct him therein;

if any such person has been committed to the Department of Behavioral Health and Developmental Services under the requirement that the person comply with all conditions given him by the Department of Behavioralclude Health and Developmental Services, and that he follow all of the terms of his treatment plan;

3.

Supervise and assist all persons within his territory released on parole or postrelease supervision, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, supervision, or has been mandatorily released from any correctional facility in the CommonwealtU andease requests assistance in finding a place to live, finding employment, or in otherwise becoming adjusted to the community;

S 4.

Arrest and recommit to the place of confinement from which he was released, or in which he would have been confined but for the suspension of his sentence or of its imposition, for violaEion of person subject to post-release supervision or parolee under his supervision, or as directed by theer, Chairman, Board member or the court, pending a hearing by the Board or the court, as the case may be;

5.

Keep such records, make such reports, and perform other duties as may be required of him Sy the Director and the court or judge by whom he was authorized;

6.

Order and conduct, in his discretion, drug and alcohol screening tests of any probationerU person officer has reason to believe is engaged in the illegal use of controlled substances or marijuana, or the abuse of alcohol.

The cost of the test may be charged to the person under supervision.

RegulatiSns governing the officer's exercise of this authority shall be promulgated by the Director;

7.

Have the power to carry a concealed weapon in accordance with regulations promulgated by the Director and upon the certification of appropriate training and specific authorization by a judIe of a cir8.

Provide services in accordance with any contract entered into between the Department of Corrections and the Department of Behavioral Health and Developmental Services pursuant to T § 37.2-912;

U 9.

Pursuant to any contract entered into between the Department of Corrections and the DeparTment of Behavioral Health and Developmental Services, probation and parole officers shall have the power to person has any time remaining to serve on any criminal sentence, pursuant to Chapter 9 (§ 37.2-900 etr the seq.);

10.

Determine by reviewing the Department of Forensic Science DNA data bank sample tracking system upon intake and again prior to release whether a blood, saliva, or tissue sample is stored in the data bank for each person placed on probation or parole required to submit a sample pursuant to Article bank, require the person placed on probation or parole to submit a sample for DNA analysis;red in the data 11.

For every offender accepted pursuant to the Interstate Compact for the Supervision of Adult Offenders (§ 53.1-176.1 et seq.) who has been convicted of an offense that, if committed in Virginia, would require the offender to submit a sample pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of2Chapter 18 of Title 19.2, take a sample or verify that a sample has been taken and accepted into the daHa bank for12.

Monitor the collection and payment of restitution to the victims of crime for offenders placed on supervised probation;

13.

Prior to the release from supervision of any offender on probation as of July 1, 2019, review the criminal history record of the offender at least 60 days prior to release from supervision, or immediately if the offender is scheduled to be released from supervision within less than 60 days, to determine whether all offenses for which the offender is being supervised appear on such record and, if any such SB1245H1 4 of 5 offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390 does not appear, (i) take and provide fingerprints and a photograph of the offender to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information pursuant to subsection D of § 19.2-390 and (ii) provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that such offense does not appear on the offender's criminal history record;

and 14.

Upon intake of any offender on or after July 1, 2019, (i) take and provide fingerprints and a photograph of the offender to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information pursuant to subsection D of § 19.2-390, (ii) review the criminal history record of the offender to determine whether all offenses for which the offender is being supervised appear on such record, and (iii) if any such offense that is required to be reported to the Central Criminal Records Exchange pursuant to § 19.2-390 does not appear, provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that such offense does not appear on the offender's criminal history record.

Nothing in this article shall require probation and parole officers to investigate or supervise cases before general district or juvenile and domestic relations district courts.

§ 53.1-157.

Parolees to comply with terms;

furnishing copies.

Each parolee or felon serving a period of postrelease supervision while on parole or period of postrelease supervision shall comply with such terms and conditions as may be prescribed by the Board.

When any prisoner is released on parole or postrelease period of supervision, the Board shall furnish the parolee and the probation and parole officer having supervision of the parolee or felon serving a period of postrelease supervision a copy of the terms and conditions of the parole or postrelease period of supervision and any changes which may from time to time be made therein.

§ 53.1-161.

Arrest and return of parolee;

The Chairman or any member of the Board may at any time upon information or a showing of a violation or a probable violation by any parolee or felon serving a period of postrelease supervision of any of the terms or conditions upon which he was released on parole or postrelease period of supervision, issue or cause to be issued, a warrant for the arrest and return of the parolee or felon serving a period of postrelease supervision to the institution from which he was paroled, or to any other correctional facility which may be designated by the Chairman or member.

However, a determination of whether a parolee or felon serving a period of postrelease supervision returned to a correctional facility pursuant to this section shall be returned to a state or local correctional facility shall be made based on the length of the parolee's original sentence as set forth in § 53.1-20 or the period of postrelease supervision as set at sentencing.

Each such warrant shall authorize all officers named therein to arrest and return the parolee to actual custody in the facility from which he was paroled, or to any other facility designated by the Chairman or member.

In any case in which the parolee or felon serving a period of postrelease supervision is charged with the violation of any law, the violation of which caused the issuance of such warrant, upon request of the parolee or his attorney, the Chairman or member shall as soon as practicable consider all the circumstances surrounding the allegations of such violation, including the probability of conviction thereof, and may, after such consideration, release the parolee, pending adjudication of the violation charged.

§ 53.1-162.

Arrest of parolee without warrant;

written statement.

Any probation and parole officer may arrest a parolee or felon serving a period of postrelease supervision without a warrant or may deputize any other officer with power of arrest to do so by a written statement setting forth that the parolee or felon serving a period of postrelease supervision has, in the judgment of the probation and parole officer, violated one or more of the terms or conditions of his parole or postrelease period of supervision.

Such a written statement by a probation and parole officer delivered to the officer in charge of any state or local correctional facility shall be sufficient warrant for the detention of the parolee or felon serving a period of postrelease supervision.

Any officer deputized upon receipt of the written statement shall, in accordance with § 19.2-390, enter, or cause to be entered, the person's name and other appropriate information required by the Department of State Police into the "information systems" known as the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (§ 52-12 et seq.) of Title 52.

Such information shall be deemed a warrant authorizing the arrest of the person anywhere in the Commonwealth.

§ 53.1-164.

Procedure for return of parolee.

When any parolee or felon serving a period of postrelease supervision is returned to any facility in accordance with the provisions of § 53.1-161, he shall be held in accordance with rules of the Director and subject to further action of the Parole Board.

The officer in charge of the facility shall see that the Parole Board is notified promptly of each such parolee's or felon's return.

§ 53.1-165.

Revocation of parole;

hearing;

procedure for parolee supervised in another state;

of 5 appointment of attorney.

TheWhenever Chairmanany parolee or anyfelon memberserving ofa theperiod Boardof maypostrelease atsupervision anyis timearrested uponand informationrecommitted oras aprovided showingherein, of a violationpreliminary orhearing ato determine probable violationcause bythat anysuch parolee orhas felonviolated servingone aor periodmore of postrelease supervision of any of the terms or conditions upon which he was released on parole or postrelease periodDirector of supervision,the issue,Department or cause to beconduct issued,such ahearings. warrant for the arrest and return of the parolee or felon correctional facility which that may be designated by the Chairman or member.

However, a,if ora tonolle anyprosequi otheris determinationto ofbe whetherentered ain parolee or felon serving a periodcase ofwhere postrelease supervision returned to a correctionalparole facilityviolation pursuantis toalleged, thisno sectionpreliminary subsectionhearing shall be returnedrequired. to a state or local correctional facility shall be made based on the length of the parolee's original sentence as set forth in §S53.1-20 or the period of postrelease supervision as set at sentencing.

EachUpon suchrequest warrantof shallthe authorizehearing a1lofficer, officersthe namedattorney thereinfor tothe arrestCommonwealth andof return the paroleejurisdiction within which such hearings are to actualbe custodyheld inshall request the facilitycircuit fromcourt whichof hesuch 4asjurisdiction paroled,to appoint one or toso anyappointed othershall facilitybe designatedavailable byto theserve Chairmanupon orrequest member.of the hearing officer.

5The theterm violation of anyeach law,attorney's theappointment violationshall ofcontinue whichuntil caused the issuance of such warrant,time upon request of the parolee or his attorney, the Chairman or member shall as soona assuccessor practicablemay considerbe allappointed. the circumstances surrounding the allegations of such violation, including the probability of conviction thereof, and may, after such consideration, release the parolee, pending adjudication of the violation charged.

B.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 theUpon 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 informationrequest orof athe showingBoard, the attorney for the Commonwealth of athe violationjurisdiction orwithin awhich probablesuch violationhearings byare anyto felonbe servingheld ashall periodrequest ofthe postreleasecircuit supervisioncourt of anythat ofjurisdiction theto termsappoint one or conditionsEach uponattorney whichshall hebe wasavailable releasedto onserve aupon :request of the Board.

35The beterm issued, a warrant for the arrest and return of theeach felonattorney'se servingBoard. a period of postrelease supervision to 36 the institution from which he was released, or to any other correctional facility that may be designated / 37 by the circuit court.

However,appointment ashall determinationcontinue ofuntil whethersuch atime felonas serving a periodsuccessor ofmay postrelease / 38 supervision returned to a correctional facility pursuant to this subsection shall be returnedappointed. to a state or 39 local correctional facility shall be made based on the length of the period of postrelease supervision as set at sentencing.

EachThe suchBoard, warrantin shallits authorizeS alldiscretion, officersmay namedrevoke thereinthe toparole arrest and returnorder the felonreincarceration toof actualthe custodyprisoner infor the facilityunserved fromportion whichof hethe wasterm released,of orimprisonment tooriginally anyimposed otherupon facilityhim, designatedor byit theInmay anyreinstate case in which the felonparole servingeither aEpon periodsuch ofterms postreleaseand supervisionconditions isas chargedwere withoriginally theprescribed, violationor ofas anymay law,be theprescribed violationin ofaddition whichthereto causedor thehas issuancebeen ofsentenced suchto warrant,two upon request of the felon or hismore attorney,years, theexcluding circuitany courttime of thesaid sentencingsentence jurisdictionwhich shallhas asbeenindividual soonsuspended, asany practicableindividual considerBoard allmember, theso circumstancesauthorized surroundingby the allegationsBoard, ofmay such violation, including the probability of conviction thereof, and may, after such consideration,hearing releaserevoSe the felon,individual's pendingparole adjudicationas ofotherwise theprovided violationherein. charged.

Upon revocation of parole for any felony offense, the Board or its authorized representativeUshall offense and transmit such information to the Central Criminal Records Exchange pursuant to subsection D of § 19.2-390.

S B.

In cases in which a parolee or felon serving a period of postrelease supervision is in another state, any hearing officer who has been designated as such by the Director of the Department may be sent to or more of the terms and conditions upon which he was released upon parole.t the parolee has viIlated one C.

Any attorney-at-law appointed pursuant to this section shall be paid as directed by the cTurt 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.

to the Department.torney-at-law is appointed in another state, he shall be paid out of funds apTropriated 2.

That the provisions of this act shall become effective on July 1, 2024.

E 3.

That the provisions of this act shall apply to an offense that occurs on or after July 1, 2024.

B 5 1