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SENATE BILL NO. 209
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Senator DeSteph
on February 16, 2026)
(Patron Prior to Substitute--Senator DeSteph)
A BILL to amend and reenact §
53.1-40.01
of the Code of Virginia, relating to conditional release of geriatric prisoners.
Be it enacted by the General Assembly of Virginia:
1. That §
53.1-40.01
of the Code of Virginia is amended and reenacted as follows:
§
53.1-40.01
. Conditional release of geriatric prisoners.
A.
Any person serving a sentence imposed upon a conviction for a felony offense, other than a
Class 1
felony
listed in subsection B
, (i) who has reached the age of
sixty-five
65
or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of
sixty
60
or older and who has served at least
ten
10
years of the sentence imposed may petition the Parole Board for conditional release.
B. Any person serving a sentence imposed upon a conviction for the following felony offenses shall not be eligible to petition the Parole Board for conditional release pursuant to subsection A:
1. Any Class 1 felony; or
2. Any of the following offenses, provided that such offense was committed on or after July 1, 2026:
a. Any violation of §
18.2-32
,
18.2-32.1
,
18.2-32.2
, or
18.2-33
;
b. Any violation of §
18.2-40
or
18.2-45
;
c. Criminal sexual assault punishable as a felony under Article 7 (§
18.2-61
et seq.) of Chapter 4 of Title 18.2, except, when not committed against a minor, a violation of subdivision A 5 of §
18.2-67.3
, §
18.2-67.4:1
, subsection B of §
18.2-67.5
, or §
18.2-67.5:1
;
d. Any violation of §
40.1-100.2
or
40.1-103
; or
e. A second or subsequent felony violation of the following offenses when such offenses were not part of a common act, transaction, or scheme and such person has been at liberty as defined in §
53.1-151
between each conviction and the second or subsequent offense was committed on or after July 1, 2026:
(1) Voluntary or involuntary manslaughter under Article 1 (§
18.2-30
et seq.) of Chapter 4 of Title 18.2 or any crime punishable as such;
(2) Any violation of §
18.2-41
or
18.2-42.1
;
(3) Arson in violation of §
18.2-77
when the structure burned was occupied or a Class 3 felony violation of §
18.2-79
;
(4) Any violation of §
18.2-92
;
(5) Any violation of subsection A of §
18.2-374.1:1
; or
(6) Any violation of §
18.2-423
,
18.2-423.01
,
18.2-423.1
, or
18.2-423.2
.
C.
The Parole Board shall promulgate
regulations
rules
to implement the provisions of this section.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §
30-19.1:4
of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and $0 for periods of commitment to the custody of the Department of Juvenile Justice.