53.1-165 - Revocation of parole or postrelease supervision; hearing; procedure for parolee or felon serving period of postrelease supervision in another state; appointment of attorney.
§ 53.1-165. Revocation of parole or postrelease supervision; hearing;procedure for parolee or felon serving period of postrelease supervision inanother state; appointment of attorney.
A. Whenever any parolee or felon serving a period of postrelease supervisionis arrested and recommitted as provided herein, a preliminary hearing todetermine probable cause that such parolee has violated one or more of theterms or conditions upon which he was released on parole or postreleaseperiod of supervision shall be held by any hearing officer who has beendesignated as such by the Director of the Department to conduct suchhearings. However, if a nolle prosequi is to be entered in a case where aparole violation is alleged, no preliminary hearing shall be required.
Upon request of the hearing officer, the attorney for the Commonwealth of thejurisdiction within which such hearings are to be held shall request thecircuit court of such jurisdiction to appoint one or more discreetattorneys-at-law to represent parolees in any proceedings held before him.Each attorney so appointed shall be available to serve upon request of thehearing officer. The term of each attorney's appointment shall continue untilsuch time as a successor may be appointed. A hearing officer shall beauthorized to issue subpoenas requiring the attendance of witnesses and theproduction of records, memoranda, papers and other documents before him andto administer oaths and to take testimony thereunder.
Upon a finding of probable cause by the hearing officer, the Board or itsauthorized representative shall conduct a hearing, consider the case and actwith reference thereto within a reasonable time thereafter. Upon request ofthe Board, the attorney for the Commonwealth of the jurisdiction within whichsuch hearings are to be held shall request the circuit court of thatjurisdiction to appoint one or more discreet attorneys-at-law to representparolees in proceedings held or to be held before the Board. Each attorneyshall be available to serve upon request of the Board. The term of eachattorney's appointment shall continue until such time as a successor may beappointed. The Board, in its discretion, may revoke the parole and order thereincarceration of the prisoner for the unserved portion of the term ofimprisonment originally imposed upon him, or it may reinstate the paroleeither upon such terms and conditions as were originally prescribed, or asmay be prescribed in addition thereto or in lieu thereof. When a paroleviolation is based on a new felony conviction for which the individual hasbeen sentenced to two or more years, excluding any time of said sentencewhich has been suspended, any individual Board member, so authorized by theBoard, may after such hearing revoke the individual's parole as otherwiseprovided herein.
B. In cases in which a parolee or felon serving a period of postreleasesupervision is in another state, any hearing officer who has been designatedas such by the Director of the Department may be sent to that state toconduct a preliminary hearing to determine probable cause that the paroleehas violated one or more of the terms and conditions upon which he wasreleased upon parole.
C. Any attorney-at-law appointed pursuant to this section shall be paid asdirected by the court making the appointment, from funds appropriated forcourt costs and expenses, reasonable compensation on an hourly basis andnecessary expenses, based upon a report to be furnished to it by suchattorney. In the event an attorney-at-law is appointed in another state, heshall be paid out of funds appropriated to the Department.
(Code 1950, § 53-262; 1970, c. 648; 1975, c. 292; 1979, cc. 700, 703; 1982,c. 636; 1985, c. 174; 1986, c. 433; 2000, c. 767.)