53.1-155 - Investigation prior to release.
§ 53.1-155. Investigation prior to release.
A. No person shall be released on parole by the Board until a thoroughinvestigation has been made into the prisoner's history, physical and mentalcondition and character and his conduct, employment and attitude while inprison. The Board shall also determine that his release on parole will not beincompatible with the interests of society or of the prisoner. The provisionsof this section shall not be applicable to persons released on parolepursuant to § 53.1-159.
B. An investigation conducted pursuant to this section shall includenotification that a victim may submit to the Virginia Parole Board evidenceconcerning the impact that the release of the prisoner will have on suchvictim. This notification shall be sent to the last address provided to theBoard by any victim of a crime for which the prisoner was incarcerated. TheBoard shall endeavor diligently to contact the victim prior to making anydecision to release any inmate on discretionary parole. The victim of a crimefor which the prisoner is incarcerated may present to the Board oral orwritten testimony concerning the impact that the release of the prisoner willhave on the victim, and the Board shall consider such testimony in itsreview. Once testimony is submitted by a victim, such testimony shall remainin the prisoner's parole file and shall be considered by the Board at everyparole review. The victim of a crime for which the prisoner is incarceratedmay submit a written request to the Board to be notified of (i) theprisoner's parole eligibility date and mandatory release date as determinedby the Department of Corrections, (ii) any parole-related interview dates,and (iii) the Board's decision regarding parole for the prisoner. The victimmay 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 thevictim shall have forty-five days to present written or oral testimony forthe Board's consideration. If the victim has requested to be notified only ifthe Board is inclined to grant parole and no testimony, either written ororal, is received from the victim within at least forty-five days of the dateof the Board's notification, the Board shall render its decision based oninformation available to it in accordance with subsection A. The definitionof victim in § 19.2-11.01 shall apply to this section.
Although any information presented by the victim of a crime for which theprisoner is incarcerated shall be retained in the prisoner's parole file andconsidered by the Board, such information shall not infringe on the Board'sauthority to exercise its decision-making authority.
C. Notwithstanding the provisions of subsection A, if a physical or mentalexamination of a prisoner eligible for parole has been conducted within thelast twelve months, and the prisoner has not required medical or psychiatrictreatment within a like period while incarcerated, the prisoner may bereleased on parole by the Parole Board directly from a local correctionalfacility.
(Code 1950, § 53-253; 1970, c. 648; 1982, c. 636; 1987, c. 668; 1992, c. 222;1995, cc. 687, 778; 2002, c. 569.)