2006 Code of Virginia § 53.1-136 - Powers and duties of Board; notice of release of certain inmates

53.1-136. Powers and duties of Board; notice of release of certain inmates.

In addition to the other powers and duties imposed upon the Board by thisarticle, the Board shall:

1. Adopt, subject to approval by the Governor, general rules governing thegranting of parole and eligibility requirements, which shall be published andposted for public review;

2. (a) Release on parole for such time and upon such terms and conditions asthe Board shall prescribe, persons convicted of felonies and confined underthe laws of the Commonwealth in any correctional facility in Virginia whenthose persons become eligible and are found suitable for parole, according tothose rules adopted pursuant to subdivision 1;

(b) Establish the conditions of postrelease supervision authorized pursuantto 18.2-10 and 19.2-295.2 A;

(c) Notify by certified mail at least 21 business days prior to release ondiscretionary parole of any inmate convicted of a felony and sentenced to aterm of 10 or more years, the attorney for the Commonwealth in thejurisdiction where the inmate was sentenced. In the case of parole grantedfor medical reasons, where death is imminent, the Commonwealth's Attorney maybe notified by telephone or other electronic means prior to release. Nothingin this subsection shall be construed to alter the obligations of the Boardunder 53.1-155 for investigation prior to release;

(d) In any case where a person who is released on parole or postreleasesupervision has been committed to the Department of Mental Health, MentalRetardation and Substance Abuse Services under the provisions of Chapter 9 (37.2-900 et seq.) of Title 37.2, the conditions of his parole or postreleasesupervision shall include the requirement that the person comply with allconditions given him by the Department of Mental Health, Mental Retardation,and Substance Abuse Services, and that he follow all of the terms of histreatment plan;

3. Revoke parole and any period of postrelease and order the reincarcerationof any parolee or felon serving a period of postrelease supervision or imposea condition of participation in any component of the StatewideCommunity-Based Corrections System for State-Responsible Offenders (53.1-67.2 et seq.) on any eligible parolee, when, in the judgment of theBoard, he has violated the conditions of his parole, postrelease supervisionor is otherwise unfit to be on parole or on postrelease supervision;

4. Issue final discharges to persons released by the Board on parole when theBoard is of the opinion that the discharge of the parolee will not beincompatible with the welfare of such person or of society;

5. Make investigations and reports with respect to any commutation ofsentence, pardon, reprieve or remission of fine or penalty when requested bythe Governor; and

6. Publish monthly a statement regarding the action taken by the Board on theparole of prisoners. The statement shall list the name of each prisonerconsidered for parole and indicate whether parole was granted or denied, aswell as the basis for denial of parole as described in subdivision 2 (a).

(Code 1950, 53-238, 53-265; 1966, c. 638; 1970, c. 648; 1973, c. 253;1974, cc. 44, 45; 1979, c. 625; 1982, c. 636; 1990, c. 538; 2000, cc. 338,767; 2002, c. 569; 2003, c. 132; 2005, c. 657; 2006, cc. 863, 914.)