reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-142. Assignments of officers to districts

There shall be at least one probation and parole officer for each probation and parole district. The Director of the Department may assign officers authorized in one district to duties in another district. However, no such transfer shall be effected without the concurrence of the affected officer. Any officer so assigned shall have the same power and authority as an officer authorized by the judge or judges of the court or courts of such other district. The Director, in consultation with the court, shall designate all supervisory staff.
Code 1950, § 53-243; 1966, c. 638; 1973, c. 253; 1974, cc. 44, 45; 1979, c. 700; 1982, c. 636; 1984, c. 514; 2003, c. 944.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-143. How officers authorized

The Director shall employ officers to carry out the powers and duties prescribed in § 53.1-145 and elsewhere in this article. The Director shall submit the names of eligible officers to the judge or judges of the judicial circuit where the officer is initially assigned to be authorized to act as an officer of the court.
The judge or judges of the judicial circuit to which an officer is assigned shall authorize the officer to serve as an officer of the court to carry out the power and duties prescribed in § 53.1-145 and elsewhere in this article. When the area of a probation and parole district lies in two or more judicial circuits, the probation and parole officers shall be authorized by joint action of the judges of the several circuits. If there are more than two such judges, a majority vote shall control the authorization.
Whenever the authorization is to be made by two judges and they fail to agree within 60 days of the Director's assignment of such officer, the Director shall authorize the officer to serve the judicial circuits of the Commonwealth.
The authorization of an officer by the judicial circuit to which the officer is initially assigned shall be valid in all judicial circuits in the Commonwealth regardless of subsequent assignments.
Code 1950, § 53-244; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1979, c. 700; 1982, c. 636; 1984, c. 514; 2003, c. 944.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-144. Term of officers

Each probation and parole officer shall be authorized initially for a term of one year. Subsequent authorizations shall be for indefinite periods.
Code 1950, § 53-245; 1966, c. 638; 1974, cc. 44, 45; 1978, c. 595; 1979, c. 700; 1982, c. 636; 2003, c. 944.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-146. Use of officers as to persons convicted of local violations; payment of expenses

Upon request of the governing body of a county, city or town, the probation and parole officer shall perform the same duties and have the same powers as to persons convicted for violations of ordinances of the county, city or town as he has as to persons violating laws of the Commonwealth. The county, city or town so using the services of a probation and parole officer shall pay a pro rata part of his expenses to be arrived at by mutual agreement between the local governing body and the Department.
Code 1950, § 53-249; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-147. Compensation; expenses

Each probation and parole officer shall receive as compensation for his services a salary to be fixed in accordance with the standards of classification of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2. Each officer shall also be paid necessary traveling and other expenses incurred by him in the discharge of his duties. The salary and expenses herein provided for shall be paid by the Commonwealth and no part shall be paid by or chargeable to any county or city, except as hereinafter provided.
The governing body of any county or city may add to the fixed compensation of probation and parole officers such amount as the governing body may appropriate with the total amount not to exceed fifty percent of the amount paid by the Commonwealth to probation and parole officers. No additional amount paid by a local governing body shall be chargeable to the Department of Corrections or the Parole Board, nor shall it remove or supersede any authority, control or supervision of the Department or Board.
Code 1950, §§ 53-246, 53-247; 1956, c. 316; 1966, c. 483; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-148. Transfer of supervision from one probation officer to another

The court placing any person on probation may transfer such person from the supervision of one probation officer to that of another probation officer. Such transfer shall be reported by the court to both probation officers and to the person on probation. A record of the transfer shall be filed with the records of the case or entered upon the records of the court.
Whenever a person placed on probation resides in a locality removed from that in which the court which placed such person on probation is situated, or whenever a person on probation desires to remove to a locality other than that in which the court is situated, the court placing such person on probation may transfer him to a probation officer regularly appointed and authorized to serve for the locality in which the probationer resides or to which he is to move. In such cases the probation officer shall send to the court desiring to make the transfer a written statement that he will exercise supervision over such person. The statement shall be approved in writing by the judge of the court to which the probation officer is attached. The probation officer shall report concerning the conduct and condition of the probationer at regular intervals to the judge of the court who placed the defendant on probation.
Code 1950, § 53-277; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-149. Arrest of probationer without warrant; written statement

Any probation officer appointed pursuant to this chapter may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so, by a written statement setting forth that the probationer has, in the judgment of the probation officer, violated one or more of the terms or conditions upon which the probationer was released on probation. Such a written statement by a probation officer delivered to the officer in charge of any local jail or lockup shall be sufficient warrant for the detention of the probationer. 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.
Code 1950, § 53-278.5; 1962, c. 327; 1982, c. 636; 2010, c. 273.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-150. Contributions by persons on parole, probation, and work release

A. Any person who has costs assessed against him pursuant to §§ 17.1-275.1, 17.1-275.2, 17.1-275.7, or § 17.1-275.8, or subsection B or C of § 16.1-69.48:1 shall be required to pay, as specified in those sections, a sentencing/supervision fee to be deposited in the general fund of the state treasury.
All fees assessed pursuant to this section shall be paid to the clerk of the sentencing court.
B. Except when the fee referenced in subsection A has been previously assessed, any person (i) who is granted parole or (ii) who participates in a work release program pursuant to the provisions of §§ 53.1-60 and 53.1-131 shall be required to pay a fee of fifty dollars as a condition of parole or work release.
Code 1950, § 53-19.40; 1981, c. 634; 1982, cc. 492, 636; 1984, c. 668; 1988, c. 824; 1990, cc. 511, 816; 1992, c. 529; 1993, c. 195; 1994, cc. 613, 638; 1994, 2nd Sp. Sess., cc. 1, 2; 1999, c. 9; 2000, c. 1040; 2002, c. 831.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-150.1. Contribution by persons on parole

Any person who is granted parole and who is required to receive substance abuse treatment as a condition of parole shall contribute towards the cost of such treatment based upon his ability to pay, as established pursuant to regulations promulgated by the Director. The regulations shall provide that (i) any fees collected for such treatment shall be paid directly to the service provider and (ii) any person may be exempt from the payment of such fees on the grounds of unreasonable hardship.
1996, c. 807; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-152. Eligibility of persons sentenced for combinations of felony and misdemeanor offenses

Every person who is convicted of a felony and also convicted of a misdemeanor and sentenced and committed for the same under the laws of this Commonwealth or of its political subdivisions shall be eligible for parole on the combination of said sentences in the same manner as provided in § 53.1-151.
Code 1950, § 53-252.1; 1954, c. 597; 1966, c. 638; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-153. Eligibility of persons sentenced to jails for more than twelve months

Persons convicted of felonies or misdemeanors who are sentenced to jails and not eligible for parole under § 53.1-152, shall be eligible for parole in the same manner as provided in § 53.1-151 when the total sentences to be served, exclusive of fines, are more than twelve months. However, a person convicted of misdemeanors and sentenced to serve a total active sentence of more than 12 months in jail shall not be eligible for parole nor subject to the provisions of § 53.1-159 upon conviction of any offenses committed on or after July 1, 2008.
The Virginia Parole Board shall have the same powers and duties to carry out the provisions of this section as are set forth in § 53.1-136.
Code 1950, § 53-251.2; 1962, c. 326; 1970, c. 648; 1981, c. 392; 1982, c. 636; 1983, c. 509; 2008, c. 846.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-154. (Effective until July 1, 2024) Times at which Virginia Parole Board to review cases

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 review and decide the case of each prisoner no later than that part of the calendar year in which he becomes eligible for parole, and at least annually thereafter, until he is released on parole or discharged, except that upon any such review the Board may schedule the next review as much as three years thereafter, provided there are ten years or more or life imprisonment remaining on the sentence in such 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 year one 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 specified in this section. The Board, in addition, may review the case of any prisoner eligible for parole at any other time and may review the case of any prisoner prior to that part of the year otherwise specified. In the discretion of the Board, interviews may be conducted by the Board or its representatives and may be either public or private.
Code 1950, §§ 53-252, 53-254; 1966, c. 638; 1970, c. 648; 1977, c. 34; 1982, c. 636; 1984, c. 655.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-154. (Effective July 1, 2024) Times at which Virginia Parole Board to review cases

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 review and decide the case of each prisoner no later than that part of the calendar year in which he becomes eligible for parole, and at least annually thereafter, until he is released on parole or discharged, except that upon any such review the Board may schedule the next review as much as three years thereafter, provided there are ten years or more or life imprisonment remaining on the sentence in such 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 year one 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 specified in this section. The Board, in addition, may review the case of any prisoner eligible for parole at any other time and may review the case of any prisoner prior to that part of the year otherwise specified. In the discretion of the Board, interviews may be conducted by the Board or its representatives and may be either public or private.
Code 1950, §§ 53-252, 53-254; 1966, c. 638; 1970, c. 648; 1977, c. 34; 1982, c. 636; 1984, c. 655.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-154.1. Authority of Director to recommend parole review; release upon review

The Director is authorized to determine those prisoners who may be suitable parole risks and whose interests and those of society will be served by their early parole release and to recommend such prisoners to the Parole Board for early parole consideration. In making such recommendation, the Director shall take into account the prisoner's criminal history record, mental and physical condition, employability, institutional adjustment and such other factors as may be appropriate, including the risk of violence to others. The case of any such prisoner so recommended may be reviewed by the Parole Board prior to such prisoner's date of eligibility for parole. Upon appropriate review the Parole Board may release on parole prior to the date of eligibility for parole any prisoner so recommended by the Director. However, no prisoner shall be released until he has served at least one-fourth of the term of imprisonment imposed, or until he has served twelve years of the term of imprisonment imposed if one-fourth of the term of imprisonment imposed is more than twelve years, except as such time is reduced by any other provision of law.
This section shall have no application to persons not eligible for parole pursuant to subsections B, B1 and E of § 53.1-151.
1983, c. 378; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-155.1. Participation in residential community program prior to final release

The Department may give nonviolent prisoners who have not been convicted of a violent crime and who have been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a residential community program, work release, or a community-based program approved by the Secretary of Public Safety and Homeland Security within six months of such prisoner's projected or mandatory release date. The Secretary shall prescribe guidelines to govern the residential community programs, work release, or community-based programs.
Any wages earned pursuant to this section by a prisoner may be paid to the director or administrator of the program after standard payroll deductions required by law. Distribution of such wages shall be made for the following purposes:
1. To pay an amount to defray the cost of his keep;
2. To pay travel and other such expenses made necessary by his work release, employment, or participation in a residential community program or a community-based program;
3. To provide support and maintenance for his dependents or to make payments to the local department of social services or the Commissioner of Social Services, as appropriate, on behalf of dependents who are receiving public assistance as defined in § 63.2-100; or
4. To pay any fines, restitution, or costs as ordered by the court.
Any balance at the end of his sentence shall be paid to the prisoner upon his release.
2003, c. 850; 2014, cc. 115, 490.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-156. Period of parole; not counted as part of term

The period of parole which shall be fixed by the Board may be greater than the unserved portion of the sentence actually imposed upon the paroled prisoner by the court or jury which fixed his sentence. It shall not exceed, however, the difference between the time actually served in confinement by the paroled prisoner, without regard to good conduct credit, and the maximum term established by law as punishment for the offense or offenses of which the prisoner was convicted. The time during which a parolee is at large on parole shall not be counted as service of any part of the term of imprisonment for which he was sentenced upon his conviction.
Code 1950, §§ 53-255, 53-256; 1982, c. 636; 1987, c. 668.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-157. Parolees or felons serving a period of postrelease supervision 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.
Code 1950, § 53-257; 1970, c. 648; 1973, c. 253; 1982, c. 636; 2000, c. 767.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-158. Release of prisoner subject to parole

The Director of the Department shall release into the custody of the Parole Board, any of its probation and parole officers or the Chairman, any prisoner subject to parole under the laws of this Commonwealth whenever directed so to do by the Parole Board or by the Chairman.
Code 1950, § 53-264; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-159. Mandatory release on parole

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' 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) "maximum term of confinement" means the maximum term of incarceration established by law as punishment for the offense, (ii) "mandatory release date" means that date which is six months prior to the scheduled date of release and takes into consideration good conduct credits, and (iii) "final discharge" and "discharge from parole" 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.
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.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-160.1. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain prisoners

A. Prior to the release or discharge of any prisoner for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, the Department shall give notice to the prisoner of his duty to register with the State Police. A person required to register shall register, submit to be photographed as part of the registration, and provide information regarding place of employment, if available, to the Department. The Department shall also obtain from that person all necessary registration information, including fingerprints and photographs of a type and kind approved by the Department of State Police, inform the person of his duties regarding reregistration and change of address, and inform the person of his duty to register. The Department shall forward the registration information to the Department of State Police on the date of the prisoner's release or discharge.
B. Whenever a person required to register has failed to comply with the provisions of subsection A, the Department shall promptly investigate or request the State Police promptly investigate and, if there is probable cause to believe a violation has occurred, obtain a warrant or assist in obtaining an indictment charging a violation of § 18.2-472.1 in the jurisdiction in which the person was released or discharged. The Department shall notify the State Police forthwith of such actions taken pursuant to this section.
C. The Department shall notify the State Police immediately upon discovering the escape of any prisoner for whom registration with the Sex Offender and Crimes Against Minors Registry is required pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1.
1994, c. 362; 1997, c. 747; 2003, c. 584; 2006, cc. 857, 914; 2010, c. 858.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-162. Arrest of parolee or felon serving a period of postrelease supervision 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.
Code 1950, § 53-259; 1982, c. 636; 2000, c. 767; 2010, c. 273.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-163. Parolee considered as escapee after issuance of warrant

Any parolee for whose arrest a warrant has been issued by the Board or by the Chairman shall after the issuance of the warrant be treated as an escaped prisoner. The time from the issuing of such warrant to the date of his arrest shall not be counted as any part of the time to be served under his sentence.
Code 1950, § 53-260; 1970, c. 648; 1973, c. 253; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-164. Procedure for return of parolee or felon serving a period of postrelease supervision

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.
Code 1950, § 53-261; 1970, c. 648; 1974, cc. 44, 45; 1982, c. 636; 2000, c. 767; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-165.1. Limitation on the application of parole statutes

A. The provisions of this article, except §§ 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.
B. The provisions of this article shall apply to any person who was sentenced by a jury prior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, other than (i) a Class 1 felony or (ii) any of the following felony offenses where the victim was a minor: (a) rape in violation of § 18.2-61; (b) forcible sodomy in violation of § 18.2-67.1; (c) object sexual penetration in violation of § 18.2-67.2; (d) aggravated sexual battery in violation of § 18.2-67.3; (e) an attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal knowledge in violation of § 18.2-63, 18.2-64.1, or 18.2-64.2.
C. The Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B consistent with the provisions of § 53.1-154.
D. Any person who meets eligibility criteria for parole under subsection B and pursuant to § 53.1-151 as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.
E. Notwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence shall be eligible for parole and any person who has active sentences that total more than 20 years for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentences shall be eligible for parole. The Board shall review and decide the case of each prisoner who is eligible for parole in accordance with § 53.1-154 and rules adopted pursuant to subdivision 2 of § 53.1-136.
1994, 2nd Sp. Sess., cc. 1, 2; 2020, cc. 2, 529, 1200, 1272.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-166. Governor to execute compact

The Governor is authorized and directed to execute a compact governing the out-of-state supervision of parolees on behalf of the Commonwealth of Virginia with any state or states of the United States legally joining therein.
Code 1950, § 53-288; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-168. Procedure when reincarceration of out-of-state parolee or probationer should be considered

When supervision of a parolee or probationer is being administered by this Commonwealth pursuant to Article 4 (§ 53.1-166 et seq.) of this chapter and such parolee or probationer is arrested pursuant to the provisions of § 53.1-162 or upon a warrant issued by the state where he was paroled or placed on probation and charged with violation of the terms or conditions of parole or probation, a preliminary hearing at or near the site of the alleged violation may be held in accordance with this article. The purpose of such hearing shall be to determine whether there is probable cause to believe that the parolee or probationer has committed a violation of a condition of parole or probation.
Code 1950, § 53-290.1; 1975, c. 39; 1977, c. 106; 1978, c. 341; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-169. Who may hold hearings; procedures therefor

A. Any hearing held pursuant to this article may be before the person or persons designated by the compact administrator of this Commonwealth or his designee to hold preliminary hearings involving alleged parole or probation violations. No hearing officer, however, shall be the person or the direct supervisor of the person making the allegation of violation.
B. The compact administrator of this Commonwealth or his designee shall establish a procedure for the administrative hearings held pursuant to this article.
Code 1950, § 53-290.2; 1975, c. 39; 1977, c. 106; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-170. Rights of parolee or probationer at hearing

With respect to any hearing held pursuant to this article, the parolee or probationer:
1. Shall have reasonable notice in writing of the nature and content of the allegations made, including notice that its purpose is to determine whether there is probable cause to believe that he has committed a violation of a condition of parole or probation;
2. Shall be permitted to consult with any persons whose assistance he reasonably desires, prior to the hearing;
3. Shall have the right to confront and examine any person who has made allegations or given evidence against him, unless the hearing officer determines that such confrontation would present a substantial present or subsequent danger of harm to such person;
4. May admit, deny or explain the violation alleged and may present proof, including affidavits and other evidence, in support of his contentions.
Code 1950, § 53-290.3; 1975, c. 39; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-172. Hearings for parolees, probationers or felons serving a period of postrelease supervision being supervised in another state

In any case of alleged parole, postrelease period of supervision, or probation violation by a person being supervised in another state pursuant to the Interstate Compact for the Supervision of Adult Offenders, any appropriate judicial or administrative authority in another state, upon request by the compact administrator of this Commonwealth or his designee, is authorized to hold a hearing on the alleged violation, which hearing shall be substantially similar to the hearing required by this article. Upon receipt of the record of a parole, postrelease period of supervision, or probation violation hearing held in another state pursuant to a statute substantially similar to this article, such record shall be conclusive and shall not be reviewable within or by this Commonwealth.
Code 1950, § 53-290.5; 1975, c. 39; 1977, c. 106; 1982, c. 636; 2000, c. 767; 2004, c. 407.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-173. Preliminary hearings for out-of-state parolees in Virginia

In any case in which any person released on parole from another state is present in Virginia, if such person is not present in Virginia pursuant to the provisions of Article 4 (§ 53.1-166 et seq.), upon request by the duly constituted judicial or administrative authorities of such other state, the compact administrator of Virginia or his designee shall cause to be conducted a preliminary hearing to determine probable cause for violation of conditions of parole. Such preliminary hearing shall be substantially similar to the hearing provided for in §§ 53.1-168 through 53.1-172.
Code 1950, § 53-290.7; 1975, c. 39; 1977, c. 106; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-174. Preliminary hearings by other states

In any case in which any person placed on parole or postrelease period of supervision by Virginia is present in another state, if such person is not present in such other state pursuant to the provisions of Article 6 (§ 53.1-176.1 et seq.) of Chapter 4 of this title, upon request by the compact administrator of Virginia or his designee, the appropriate judicial or administrative authorities of such other state in which such person is present, having jurisdiction to conduct preliminary hearings to determine probable cause for violation of conditions of parole or postrelease period of supervision, shall cause to be conducted a preliminary hearing to determine probable cause for violation of conditions of parole. Such preliminary hearing shall be substantially similar to the hearing provided for in §§ 53.1-168 through 53.1-172. A decision thereon shall be conclusive and shall not be reviewable within or by Virginia.
Code 1950, § 53-290.8; 1975, c. 39; 1977, c. 106; 1982, c. 636; 2000, c. 767; 2004, c. 407.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-175. Revocation of parole by Virginia

If probable cause be found that a parolee present in Virginia has violated one or more of the terms and conditions of parole, upon request from the appropriate judicial or administrative authorities of the state from which he was paroled, the Virginia Parole Board is hereby authorized to determine whether there has been a violation of the terms and conditions of parole, and if so, whether such parole should be revoked. The decision thereon of Virginia shall be conclusive and shall not be reviewable within or by such other state.
Code 1950, § 53-290.9; 1975, c. 39; 1977, c. 106; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-176. Revocation of parole by other states

If probable cause be found that a parolee from Virginia has violated one or more of the terms and conditions of his parole, upon request by the Virginia Parole Board, the appropriate judicial or administrative authority of another state in which a parolee is present having the authority to revoke a parole is hereby authorized to determine whether there has been a violation of the terms and conditions of parole and, if so, whether such parole should be revoked. The decision thereon of such authorities of such other state shall be conclusive and shall not be reviewable within or by Virginia.
Code 1950, § 53-290.10; 1975, c. 39; 1977, c. 106; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-176.1. Enactment of the Interstate Compact for the Supervision of Adult Offenders

WHEREAS, the Interstate Compact for the Supervision of Parolees and Probationers was established in 1937 and is the earliest corrections "compact" established among the states and has not been amended since its adoption more than 65 years ago; and
WHEREAS, that Compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders; and
WHEREAS, the complexities of that Compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements and sex offender registration; and
WHEREAS, after hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about an effective management capacity that addresses public safety concerns and offender accountability; and
WHEREAS, upon the adoption of this Interstate Compact for Adult Offender Supervision, it is the intention of the General Assembly to repeal the previous interstate compact for the supervision of parolees and probationers on the effective date of this Compact; now, therefore,
The General Assembly enacts the Interstate Compact for the Supervision of Adult Offenders as set out in § 53.1-176.2.
2004, c. 407.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 4 - Probation and Parole › § 53.1-176.3. Virginia State Council for Interstate Adult Offender Supervision

A. The Virginia State Council for Interstate Adult Offender Supervision (the Council) is created as a policy council, within the meaning of § 2.2-2100, in the executive branch of state government. The Council shall consist of five members:
1. One representative of legislative branch appointed by the Joint Rules Committee;
2. One representative of the judicial branch appointed by the Chief Justice of the Supreme Court;
3. One representative of the executive branch appointed by the Governor;
4. One nonlegislative citizen member, representing a victims' group appointed by the Governor; and
5. One nonlegislative citizen member who in addition to serving as a member of the Council shall serve as the Compact administrator for Virginia, appointed by the Governor.
The appointments shall be subject to confirmation by the General Assembly. The legislative members and other state officials appointed to the Council shall serve terms coincident with their terms of office. Members who are not state officials shall be appointed for four-year terms. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
B. The Council shall appoint the compact administrator as the Virginia commissioner to the Interstate Commission. The Virginia commissioner shall serve on the Interstate Commission in such capacity under or pursuant to applicable law of this Commonwealth.
C. The Council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by the Council, including development of policies concerning operations and procedures of the Compact within Virginia.
D. The Council shall elect a chairman and vice-chairman annually. A majority of the members of the Council shall constitute a quorum. Meetings of the Council shall be held at the call of the chairman or whenever the majority of the members so request.
E. Legislative members of the Council shall receive such compensation as provided in § 30-19.12 and nonlegislative citizen members shall receive such compensation as provided in § 2.2-2813 for their services. All members shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Funding for the costs of compensation and expenses of the members shall be provided by the Department of Corrections.
F. The Department of Corrections shall provide staff support to the Council.
2004, c. 407; 2005, c. 758.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 5 - Community Correctional Facilities and Programs › § 53.1-177. Authority of Director; establishment of halfway houses; employment of personnel

The Director is authorized to establish and maintain a system of halfway houses for the temporary care of adults who are placed on probation or released on parole and are determined to be eligible for this service. Such community facility may, in the discretion of the Director, be purchased, constructed or leased. The Director is further authorized to employ necessary personnel for these facilities.
Code 1950, § 53-128.6; 1968, c. 298; 1974, cc. 44, 45; 1978, c. 492; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 5 - Community Correctional Facilities and Programs › § 53.1-178. Director to establish standards

The Director shall establish minimum standards for the operation of the facilities authorized by § 53.1-177. The Director shall maintain a list of approved halfway houses.
Code 1950, § 53-128.5; 1968, c. 298; 1974, cc. 44, 45; 1978, c. 492; 1982, c. 636; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 5 - Community Correctional Facilities and Programs › § 53.1-179. Purchase of services authorized

The Director may purchase temporary room and board and training, counseling and rehabilitation services for probationers and parolees whom the Director deems to be in need of and eligible for such benefits and services. Implementation of this provision shall conform with the requirements of all locally-adopted zoning regulations.
Code 1950, § 53-128.6; 1968, c. 298; 1974, cc. 44, 45; 1978, c. 492; 1982, c. 636; 2020, c. 759.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-186. Term commences from date of final judgment; exceptions

The term of confinement in a local or state correctional facility for the commission of a crime shall commence and be computed from the date of the final judgment, which, in case of an appeal, shall be that of the refusal of a writ of error or the affirmance of the judgment. When it is ordered that two or more terms of confinement run concurrently, then such terms of confinement shall commence and be computed from the time the first of such terms of confinement commenced.
For the purpose of determining allowances for good conduct, the term of confinement of a person convicted of a felony and sentenced to the Department whose sentence is partially suspended shall be that portion of the sentence which was not suspended.
Code 1950, §§ 53-207, 53-272; 1954, c. 141; 1956, c. 342; 1958, c. 468; 1962, c. 327; 1976, c. 145; 1982, c. 636.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-187. Credit for time spent in confinement while awaiting trial

Any person who is sentenced to a term of confinement in a correctional facility shall have deducted from any such term all time actually spent by the person in a state hospital for examination purposes or treatment prior to trial, in a state or local correctional facility awaiting trial or pending an appeal, or in a juvenile detention facility awaiting trial for an offense for which, upon conviction, such juvenile is sentenced to an adult correctional facility. Such credit for time shall include any time spent in pretrial confinement or detention on separate, dismissed, or nolle prosequi charges that are from the same act as the violation for which the person is convicted and sentenced to a term of confinement. When entering the final order in any such case, the court shall provide that the person so convicted be given credit for the time so spent.
In no case shall a person be allowed credit for time not actually spent in confinement or in detention. In no case is a person on bail to be regarded as in confinement for the purposes of this statute. No such credit shall be given to any person who escapes from a state or local correctional facility or is absent without leave from a juvenile detention facility.
Any person sentenced to confinement in a correctional facility, in whose case the final order entered by the court in which he was convicted fails to provide for the credit authorized by this section, shall nevertheless receive credit for the time so spent in a correctional facility. Such allowance of credit shall be in addition to the good conduct allowance provided for in §§ 53.1-116 and 53.1-129, Articles 2 (§ 53.1-192 et seq.) and 3 (§ 53.1-198 et seq.) or the earned sentence credits provided for in Article 4 (§ 53.1-202.2 et seq.).
Code 1950, § 53-208; 1968, c. 105; 1970, c. 648; 1982, c. 636; 1984, c. 313; 1994, 2nd Sp. Sess., cc. 1, 2; 2022, c. 399.
2023 Code of Virginia › Title 53.1 - Prisons and Other Methods of Correction › Chapter 6 - Commencement of Terms; Credits and Allowances › § 53.1-188. Conduct records to be kept

The Director shall keep a record of the conduct of each person confined in a state correctional facility. Each time any prisoner in a state correctional facility is punished, the name of the offender, the offense, the time when the offense was committed, and when and what disciplinary action was taken or sentence was imposed, shall be recorded in a register.
Code 1950, §§ 53-209, 53-215; 1982, c. 636.