Geriatric Release (language only)

Item 416 #1s

Language
Page 276, at the beginning of line 23, insert "A.".
Page 276, following line 25, insert:
"B.1. Absent compelling reasons to the contrary, the Virginia Parole Board shall grant a petition for geriatric release filed in accordance with Section 53.1-40.01 of the Code of Virginia, and shall grant discretionary parole to any inmate eligible therefore, with respect to any inmate who is terminally ill or permanently and totally disabled.
2. Compelling reasons may include reliance on any evidence-based risk assessment tool developed by the Virginia Criminal Sentencing Commission for consideration of candidates for parole or geriatric release that is consistent with best practices.
3. Any decision to deny geriatric release or discretionary parole in the foregoing cases shall be accompanied by fact-specific individualized reasons for such denial, which weighs any material post-sentencing factors against the nature and circumstances of the offense.  Nothing in this provision is intended to deprive any other inmate of the right established in Title 53.1 to fair and meaningful consideration for parole and geriatric release.
4. For purposes of this provision, "permanently and totally disabled" means unable to engage in any substantial gainful activity by reason of any medically determinable physical impairment or deformity that can be expected to result in death or can be expected to last for the duration of such person's life, and "terminally ill" means having an illness or sickness where the medical prognosis is the person's death within six months or less.  The burden of demonstrating that an inmate is permanently and totally disabled or terminally ill shall be on the inmate and may not be satisfied without competent medical evidence."

Explanation
(This amendment establishes a standard by which the Parole Board is required to grant petitions for geriatric release and petitions for discretionary parole in cases involving the terminal illness or permanent and total disability of a geriatric inmate, regardless of whether or not the inmate has reached the current required age standards. This amendment would continue to permit the Board to deny parole where there are good reasons for doing so. This is one of a series of amendments to enable the criminal justice system to manage its workload effectively during a period of severe budget reductions.)