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An Act to amend and reenact §
53.1-165.1
of the Code of Virginia, relating to parole; exception to limitation on the application of parole statutes.
Be it enacted by the General Assembly of Virginia:
1. That §
53.1-165.1
of the Code of Virginia is amended and reenacted as follows:
§
53.1-165.1
. Limitation on the application of parole statutes.
A. The provisions of this article, except §§
53.1-160
and
53.1-160.1
, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.
B. The provisions of this article shall apply to any person who was sentenced by a jury prior to June 9, 2000, for any felony offense committed on or after January 1, 1995, and who remained incarcerated for such offense on July 1, 2020, other than (i) a Class 1 felony or (ii) any of the following felony offenses where the victim was a minor: (a) rape in violation of §
18.2-61
; (b) forcible sodomy in violation of §
18.2-67.1
; (c) object sexual penetration in violation of §
18.2-67.2
; (d) aggravated sexual battery in violation of §
18.2-67.3
; (e) an attempt to commit a violation of clause (a), (b), (c), or (d); or (f) carnal knowledge in violation of §
18.2-63
,
18.2-64.1
, or
18.2-64.2
.
C.
The provisions of this article shall also apply to any person who (i) was sentenced by a jury
between
June 9, 2000
and January 1, 2005
, for any felony offense committed on or after January 1, 1995; (ii) can prove, by a preponderance of the evidence, that the jury in his case was not instructed on the fact that parole has been abolished; and (iii) remained incarcerated for such offense on July 1, 2026, other than (a) a Class 1 felony or (b) any of the following felony offenses where the victim was a minor: (1) rape in violation of §
18.2-61
; (2) forcible sodomy in violation of §
18.2-67.1
; (3) object sexual penetration in violation of §
18.2-67.2
; (4) aggravated sexual battery in violation of §
18.2-67.3
; (5) an attempt to commit a violation of clause (1), (2), (3), or (4); or (6) carnal knowledge in violation of §
18.2-63
,
18.2-64.1
, or
18.2-64.2
.
D.
The Parole Board shall establish procedures for consideration of parole of persons entitled under subsection B
or C
consistent with the provisions of §
53.1-154
.
D.
E.
Any person who meets eligibility criteria for parole under subsection B and pursuant to §
53.1-151
as of July 1, 2020, shall be scheduled for a parole interview no later than July 1, 2021, allowing for extension of time for reasonable cause.
Any person who meets eligibility criteria for parole under subsection C and pursuant to §
53.1-151
as of July 1, 2026, shall be scheduled for a parole interview no later than July 1, 2027, allowing for extension of time for reasonable cause.
E.
F.
Notwithstanding the provisions of subsection A or any other provision of this article to the contrary, any person sentenced to a term of life imprisonment for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentence shall be eligible for parole and any person who has active sentences that total more than 20 years for a single felony or multiple felonies committed while the person was a juvenile and who has served at least 20 years of such sentences shall be eligible for parole. The Board shall review and decide the case of each prisoner who is eligible for parole in accordance with §
53.1-154
and rules adopted pursuant to subdivision 2 of §
53.1-136
.