2026 SESSION
INTRODUCED
26104807D
HOUSE BILL NO. 1030
Offered January 14, 2026
Prefiled January 14, 2026
A BILL to amend and reenact §§ 53.1-136, 53.1-151, 53.1-154, 53.1-154.1, and 53.1-155 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 53.1-151.1, relating to discretionary parole eligibility guidelines.
—————
Patron—Wilt
—————
Referred to Committee on Public Safety
—————
Be it enacted by the General Assembly of Virginia:
1. That §§ 53.1-136, 53.1-151, 53.1-154, 53.1-154.1, and 53.1-155 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 53.1-151.1 as follows:
§ 53.1-136. Powers and duties of Board; notice of release of certain inmates; report.
In addition to the other powers and duties imposed upon the Board by this article, the Board shall:
1. Adopt, subject to approval by the Governor, general rules governing the granting of parole and eligibility requirements, which shall be published and posted for public review. Such eligibility rules shall require consideration of the prisoner's demonstrated rehabilitation, economic and educational development, commitment to prosocial behavior, and community and family supports;
2. 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. 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;
c. Provide that in any case where a person who is released on parole 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 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 order the reincarceration of any parolee 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 is otherwise unfit to be on parole;
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. Final discharges granted prior to the expiration of a period of parole shall be granted only upon approval by a majority of Board members. The Board shall publish an annual report regarding final discharges issued by the Board during the previous 12 months. The report shall include (i) the name of each prisoner granted final discharge, (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 been on parole in the community, (vi) the basis for the final discharge, and (vii) the vote of each Board member;
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 by the fifteenth day of each month regarding the actions taken by the Board on the parole of prisoners during the prior month. 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, (vii) individualized reasons for the grant or denial of parole, and (viii) the final vote and the names of the Board members who voted in favor of granting parole and those who voted against. However, in the case of a prisoner granted parole, the information set forth in clauses (i) through (viii) 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;
8. Publish an annual report regarding actions taken by the Board on the parole of prisoners during the prior year. Such report shall contain each monthly statement published by the Board pursuant to subdivision 7 and a summary that identifies (i) the total number of prisoners considered for parole, (ii) the number of persons granted parole, (iii) the number of persons denied parole, and (iv) the most common reasons for which parole was granted or denied;
9. 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, through use of discretionary parole criteria guidelines pursuant to § 53.1-151.1. If parole is denied, the basis for the denial of parole shall be in writing and shall give specific, individualized reasons for such denial to such inmate; and
10. Convene a public meeting, either in person or via video conference, when conducting the final deliberation and vote regarding whether the Board will grant parole to a prisoner. The prisoner being considered for parole or his attorney shall be permitted to attend such meeting either, in the Board's discretion, in person or via video conference. The victim shall be permitted to attend and participate in such meeting either, in the Board's discretion, in person or via video or phone conference or to provide written or recorded testimony. No decision to grant discretionary parole shall be made by the Board unless such decision was discussed and debated at a meeting at which no fewer than three of the Board members were present. Whether the Board grants or denies discretionary parole to an inmate, each Board member shall identify his reasoning for such decision at the time such member's vote is cast.
§ 53.1-151. Eligibility for parole.
A. Except as herein otherwise provided, every person convicted of a felony and sentenced and committed by a court under the laws of this Commonwealth to the Department of Corrections, whether or not such person is physically received at a Department of Corrections facility, or as provided for in § 19.2-308.1:
1. For the first time, shall be eligible for parole after serving one-fourth of the term of imprisonment imposed, or after serving twelve 12 years of the term of imprisonment imposed if one-fourth of the term of imprisonment imposed is more than twelve 12 years;
2. For the second time, shall be eligible for parole after serving one-third of the term of imprisonment imposed, or after serving thirteen 13 years of the term of imprisonment imposed if one-third of the term of imprisonment imposed is more than thirteen 13 years;
3. For the third time, shall be eligible for parole after serving one-half of the term of imprisonment imposed, or after serving fourteen 14 years of the term of imprisonment imposed if one-half of the term of imprisonment imposed is more than fourteen 14 years;
4. For the fourth or subsequent time, shall be eligible for parole after serving three-fourths of the term of imprisonment imposed, or after serving fifteen 15 years of the term of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen 15 years.
For the purposes of subdivisions 2, 3, and 4 of subsection A and for the purposes of subsections B1 and B2, prior commitments shall include commitments to any correctional facility under the laws of any state, the District of Columbia, the United States or its territories for murder, rape, robbery, forcible sodomy, animate or inanimate object sexual penetration, aggravated sexual battery, abduction, kidnapping, burglary, felonious assault or wounding, or manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a controlled substance, if such would be a felony if committed in the Commonwealth. Only prior commitments interrupted by a person's being at liberty, or resulting from the commission of a felony while in a correctional facility of the Commonwealth, of any other state or of the United States, shall be included in determining the number of times such person has been convicted, sentenced and committed for the purposes of subdivisions 2, 3, and 4 of subsection A. "At For purposes of this section, "at liberty" as used herein shall include not only includes freedom without any legal restraints, but shall also include release pending trial, sentencing, or appeal, or release on probation or parole, or escape. In the case of terms of imprisonment to be served consecutively, the total time imposed shall constitute the term of the imprisonment; in the case of terms of imprisonment to be served concurrently, the longest term imposed shall be the term of imprisonment. In any case in which a parolee commits an offense while on parole, only the sentence imposed for such offense and not the sentence or sentences or any part thereof from which he was paroled shall constitute the term of imprisonment.
The Department of Corrections shall make all reasonable efforts to determine prior convictions and commitments of each inmate for the enumerated offenses.
B. Persons sentenced to die shall not be eligible for parole. Any person sentenced to life imprisonment who escapes from a correctional facility or from any person in charge of his custody shall not be eligible for parole.
B1. Any person convicted of three separate felony offenses of (i) murder, (ii) rape, or (iii) robbery by the presenting of firearms or other deadly weapon, or any combination of the offenses specified in subdivisions (i), (ii), or (iii) when such offenses were not part of a common act, transaction, or scheme shall not be eligible for parole. In the event of a determination by the Department of Corrections that an individual is not eligible for parole under this subsection, the Parole Board may in its discretion, review that determination, and make a determination for parole eligibility pursuant to the discretionary parole criteria guidelines in § 53.1-151.1 and regulations promulgated by it the Board for that purpose. Any determination of the Parole Board of parole eligibility thereby shall supersede any prior determination of parole ineligibility by the Department of Corrections under this subsection.
B2. Any person convicted of three separate felony offenses of manufacturing, selling, giving, distributing, or possessing with the intent to manufacture, sell, give, or distribute a controlled substance, when such offenses were not part of a common act, transaction, or scheme, and who has been at liberty as defined in this section between each conviction, shall not be eligible for parole.
C. Any person sentenced to life imprisonment for the first time shall be eligible for parole after serving fifteen 15 years, except that if such sentence was for a Class 1 felony violation or the first degree murder of a child under the age of eight in violation of § 18.2-32, he shall be eligible for parole after serving twenty-five 25 years, unless he is ineligible for parole pursuant to subsection B1 or B2.
D. A person who has been sentenced to two or more life sentences, except a person to whom the provisions of subsection B1, B2, or E of this section are applicable, shall be eligible for parole after serving twenty 20 years of imprisonment, except that if either such sentence, or both, was or were for a Class 1 felony violation, and he is not otherwise ineligible for parole pursuant to subsection B1, B2, or E of this section, he shall be eligible for parole only after serving thirty 30 years.
E. A person convicted of an offense and sentenced to life imprisonment after being paroled from a previous life sentence shall not be eligible for parole.
E1. Any person who has been convicted of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration, or aggravated sexual battery and who has been sentenced to a term of years shall, upon a first commitment to the Department of Corrections, be eligible for parole after serving two-thirds of the term of imprisonment imposed or after serving fourteen 14 years of the term of imprisonment imposed if two-thirds of the term of imprisonment imposed is more than fourteen 14 years. If such person has been previously committed to the Department of Corrections, such person shall be eligible for parole after serving three-fourths of the term of imprisonment imposed or after serving fifteen 15 years of the terms of imprisonment imposed if three-fourths of the term of imprisonment imposed is more than fifteen 15 years.
F. If the sentence of a person convicted of a felony and sentenced to the Department is partially suspended, he shall be eligible for parole based on the portion of such sentence execution which was not suspended.
G. The eligibility time for parole as specified in subsections A, C, and D of this section may be modified as provided in §§ 53.1-191, 53.1-197 and 53.1-198.
H. The time for eligibility for parole as specified in subsection D of this section shall apply only to those criminal acts committed on or after July 1, 1976.
I. The provisions of subdivisions 2, 3, and 4 of subsection A shall apply only to persons committed to the Department of Corrections on or after July 1, 1979, but such persons' convictions and commitments shall include all felony convictions and commitments without regard to the date of such convictions and commitments.
§ 53.1-151.1. Eligibility for parole; discretionary parole criteria guidelines.
A. The Parole Board or staff designated by the Board shall use the information collected through the investigation required by § 53.1-155 to determine discretionary parole criteria guidelines when evaluating a prisoner eligible for parole. The Department of Corrections shall assist to the fullest extent possible with requests for records.
B. A completed discretionary parole criteria worksheet shall be provided to the prisoner in advance of the parole hearing. If an eligible prisoner believes that his worksheet score is inaccurate, the prisoner shall be permitted to contest the worksheet score and to provide records necessary to correct such score prior to the Board's vote on the decision to grant parole. If the Parole Board finds the prisoner's contest is well-founded, the worksheet score shall be updated accordingly. Eligibility for parole shall be computed using the schedule set out below:
SCHEDULE OF DISCRETIONARY PAROLE CRITERIA
1. Prior offense history in Department of Corrections
None: 2
1 prior: -1
2-3 priors: -3
4 or more priors: -4
2. History of institutional violence within past five years
None: 0
Assault, no weapon: -5
Assault with weapon: -10
3. Positive drug test within past five years
None: 0
One: -2
Two or more: -4
4. Positive alcohol test within past five years
None: 0
One: -2
Two or more: -4
5. Length of time served
Five years: 3
10 years: 4
15 years: 5
20 years: 8
25 years: 11
30 years or more: 14
6. Admits to their action in the crime for which they are serving time
No: 0
Yes: 10
7. Completed the required amount of time to qualify for discretionary parole
Discretionary: 10
Geriatric: 5
Dual: 15
8. Verified educational and vocational accomplishments in VACORIS file
Doctorate: 15
Master's degree: 12
Bachelor's degree: 10
Associate's degree: 8
High school degree or GED: 5
Journeyman trade skill: 5
Vocational trade: 5
9. Current or prior participant in mental health or therapeutic program
No: 0
Yes: 10
10. Participant in all work programming or applied for a job within past five years
No: 0
Yes: 10
11. Adherence to any therapy requirement within past five years by enrolling on a waiting list
No: 0
Yes: 10
12. a. Completion of COMPAS assessment
Low-risk for recidivism: 10
High-risk for recidivism: -10
b. High-risk for recidivism, but agreed to ankle monitoring as a condition of parole
No: -5
Yes: 5
13. Age of offender at time of offense
25 years of age or older: 0
20-24 years of age: 5
17-19 years of age: 10
16 years of age or younger: 15
TOTAL OF SCORES
Level 1: 90-114 points
Level 2: 75-89 points
Level 3: 0-74 points
C. A maximum of 20 points may be earned by a prisoner for satisfying the criteria listed in subdivision B 8, verified educational and vocational accomplishments in VACORIS file. A prisoner shall only be awarded points for the highest level of education attained and not a score for each individual level of education unless such prisoner earns a degree or credential in distinct fields.
D. If a prisoner's score is within the Level 1 range, such prisoner shall receive favorable consideration for parole. If a prisoner's score is within the Level 2 range, such prisoner may or may not be considered a suitable candidate for parole; however, the Parole Board shall make its final determination based on the individual facts and circumstances of the prisoner. If a prisoner's score is within the Level 3 range, such prisoner is presumed to be unsuitable for parole at the time of the hearing.
If the Parole Board deviates from the recommendation based on the worksheet score for a prisoner scored at Level 1 or Level 3, the Board shall provide a written explanation for such deviation.
§ 53.1-154. Times at which 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 is 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 10 years or more or life imprisonment remaining on the sentence in such case. Such reviews shall include a live interview of the prisoner and completion of the discretionary parole criteria guidelines by a Board member or a staff member designated by the Board. Such interviews may be conducted in person or by videoconference or telephone at the discretion of the Board. Absent imminent death of the prisoner or other extraordinary circumstances, which shall be documented by the Board in the prisoner's file, the Board shall not grant parole to any prisoner who has not received a live interview within the prior calendar year. 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.
§ 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, including completion of the discretionary parole criteria guidelines by the Parole Board or a staff member designated by the Parole Board, 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 12 years of the term of imprisonment imposed if one-fourth of the term of imprisonment imposed is more than twelve 12 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.
§ 53.1-155. Investigation prior to release; transition assistance.
A. No person shall 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, employment, and attitude while in prison. All information collected through such investigation shall be made available to the prisoner or his attorney, provided that (i) neither the prisoner nor his attorney shall further disclose, reproduce, copy, or disseminate such information in any way and (ii) the Board shall redact all personal information of the victim. Such information shall also be used by the Board, or staff designated by the Board, to complete the discretionary parole eligibility guidelines. The Board shall also determine that his release on parole will not be incompatible with the interests of society or of the prisoner. The provisions of this section shall not be applicable to persons released on parole pursuant to § 53.1-159.
B. An 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 have on such victim. This notification shall be sent to the last address provided to the Board by any victim of a crime for which the prisoner was incarcerated. If additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the director of the victim/witness program, if one exists, of the jurisdiction in which the offense occurred. The Board shall endeavor diligently to contact the victim prior to making any decision to release any inmate on discretionary parole. The victim of a crime for which the prisoner is incarcerated may present to the Board oral, including by virtual means, 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. Once testimony is submitted by a victim, such testimony shall remain in the prisoner's parole file and shall be considered by the Board at every parole review. The victim of a crime for which the prisoner is incarcerated may submit a request in writing or by electronic means to the Board to be notified of (i) the prisoner's parole eligibility date and mandatory release date as determined by the Department of Corrections, (ii) any parole-related interview dates, and (iii) the Board's decision regarding parole for the prisoner. The victim may request that the Board only notify the victim if, following its review, the Board is inclined to grant parole to the prisoner, in which case the victim shall have 45 days to present written or oral testimony for the Board's consideration. If the victim has requested to be notified only if the Board is inclined to grant parole and no testimony, either written or oral, is received from the victim within at least 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. The definition of victim in § 19.2-11.01 shall apply to this section.
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.
C. Notwithstanding the provisions of subsection A, if a physical or mental examination of a prisoner eligible for parole has been conducted within the last 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.
The Department shall offer each prisoner to be released on parole or under mandatory release who has been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a transition program within six months of such prisoner's projected or mandatory release date. The program shall include advice for job training opportunities, recommendations for living a law-abiding life, and financial literacy information. The Secretary of Public Safety and Homeland Security shall prescribe guidelines to govern these programs.