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2020 Special Session I

Budget Amendments - HB5005 (Member Request)

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Chief Patron: Rush
Limitation on Parole Eligibility (language only)

Item 429 #1h

Item 429 #1h

Public Safety and Homeland Security
Virginia Parole Board

Language

Page 191, line 10, strike "Not set out." and insert:

"Probation and Parole Determination (35200)

$2,330,525

$2,330,525

Adult Probation and Parole Services (35201)

$2,330,525

$2,330,525

Fund Sources:

General

$2,280,525

$2,280,525

Federal Trust

$50,000

$50,000

Authority: Title 53.1, Chapter 4, Code of Virginia.

A. Notwithstanding the provisions of § 53.1-40.01, Code of Virginia, the Parole Board shall annually consider for conditional release those inmates who meet the criteria for conditional geriatric release set out in § 53.1-40.01, Code of Virginia, except that upon any such review the Board may schedule the next review as many as three years thereafter.  If any such inmate is also eligible for discretionary parole under the provisions of § 53.1-151 et seq., Code of Virginia, the board shall not be required to consider that inmate for conditional geriatric release unless the inmate petitions the board for conditional geriatric release.

B. Nothwithstanding the provisions of § 53.1-40.01, Code of Virginia, parole shall not be granted to persons convicted of murder as defined in § 18.2-32, Code of Virginia, in cases in which the person was convicted without the body of the victim being found."



Explanation

(This amendment proposes to make ineligible for parole any individual convicted of murder in cases in which the individual was convicted of murder without the body of the victim being found.)