2006 Code of Virginia § 53.1-159 - Mandatory release on parole

53.1-159. Mandatory release on parole.

Every person who is sentenced and committed under the laws of theCommonwealth to the Department of Corrections or as provided for in 19.2-308.1, 53.1-152 or 53.1-153 shall be released on parole by theVirginia Parole Board six months prior to his date of final release. Eachperson so sentenced or committed, however, shall serve a minimum of threemonths of his sentence prior to such a release. Persons who are so releasedon parole shall be subject to a minimum of six months' supervision and anadditional period of parole ending on the date upon which the parolee wouldhave served the maximum term of confinement, or any period the Boardotherwise deems appropriate in accordance with 53.1-156. Such persons shallalso be subject, for the entire period of parole fixed by the Board, to suchterms and conditions prescribed by the Board in accordance with 53.1-157.

Notwithstanding the provisions of the preceding paragraph, if within thirtydays of a release scheduled pursuant to this section, new information ispresented to the Board which gives the Board reasonable cause to believe thatthe release poses a clear and present danger to the life or physical safetyof any person, the Board may delay the release for up to six months toinvestigate the matter and to refer it to law-enforcement, mental health orother appropriate authorities for investigation and any other appropriateaction by such authorities.

No person released on parole pursuant to 53.1-136, and whose parole issubsequently revoked, shall be released on parole pursuant to this sectionuntil at least six months have elapsed from the date of the decision revokinghis parole. No person released on parole pursuant to this section, whoseparole is subsequently revoked, shall thereafter be released on parolepursuant to this section. Final discharge may be extended to require theprisoner to serve the full portion of the term imposed by the sentencingcourt which was unexpired when the prisoner was released on parole.

For purposes of this section, (i) "maximum term of confinement" means themaximum term of incarceration established by law as punishment for theoffense, (ii) "mandatory release date" means that date which is six monthsprior to the scheduled date of release and takes into consideration goodconduct credits, and (iii) "final discharge" and "discharge from parole"mean that a prisoner is released from confinement having satisfied the fullterm imposed by the sentencing court without regard to good conduct credit.Nothing contained herein shall be construed to create a right or entitlementto parole.

(Code 1950, 53-251.3; 1979, c. 415; 1981, cc. 20, 392; 1982, c. 636; 1985,c. 175; 1987, c. 668; 1991, c. 410; 1994, c. 894.)