SB538 • 2026

Parole; investigation prior to release, input from the attorney for the Commonwealth.

A BILL to amend and reenact § 53.1-155 of the Code of Virginia, relating to parole; investigation prior to release; input from the attorney for the Commonwealth.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Suetterlein
Last action: 2026-02-27
Official status: Continued
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Parole Investigation; Input from Commonwealth Attorney

This bill requires the Parole Board to notify the attorney for the Commonwealth in each jurisdiction where an offense occurred before releasing a prisoner on parole, and allows the attorney to provide input about the impact of the release.

What This Bill Does

Requires the Parole Board to inform the attorney for the Commonwealth when investigating if a prisoner will be released on parole.
Allows the attorney for the Commonwealth to give their opinion on how releasing a prisoner might affect the community.
States that the Parole Board must consider any input from the attorney but can still make its own decision about releasing prisoners.

Who It Names or Affects

The Parole Board
Attorneys for the Commonwealth in each jurisdiction where an offense occurred
Prisoners who are up for parole

Terms To Know

Parole: A system that allows prisoners to be released before their full sentence is served, under certain conditions.
Attorney for the Commonwealth: A lawyer who represents the government in criminal cases and provides legal advice to local governments.

Limits and Unknowns

The bill does not specify what happens if an attorney for the Commonwealth does not respond or provide input.
It is unclear how often this new requirement will be used or its impact on parole decisions.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB538AS1

2026-01-26 • Committee

Rehabilitation and Social Services Amendment

Plain English: The amendment removes certain language from the parole process regarding input from the attorney for the Commonwealth and the review by the Parole Board.

Removes the requirement that specific information 'shall remain in the prisoner's parole file'.
Eliminates a part of the text related to the Parole Board's review.

The exact nature and impact of the removed language is not fully explained, making it hard to understand all implications.

Bill History

2026-02-27 Public Safety
Continued to 2027 in Public Safety (Voice Vote)
2026-02-26 Subcommittee #2
Subcommittee recommends continuing to 2027 (Voice Vote)
2026-02-17 Subcommittee #2
Assigned HMPPS sub: Subcommittee #2
2026-02-04 House
Placed on Calendar
2026-02-04 House
Read first time
2026-02-04 Public Safety
Referred to Committee on Public Safety
2026-01-29 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB538)
2026-01-28 Senate
Read third time and passed Senate (30-Y 10-N 0-A)
2026-01-27 Senate
Read second time
2026-01-27 Senate
Engrossed by Senate as amended
2026-01-27 Rehabilitation and Social Services
Rehabilitation and Social Services Amendments agreed to
2026-01-27 Senate
Engrossed by Senate as amended (Voice Vote)
2026-01-26 Senate
Read first time
2026-01-26 Senate
Constitutional reading dispensed (on 1st reading)
2026-01-26 Senate
Passed by for the day
2026-01-26 Senate
Passed by for the day
2026-01-26 Senate
Constitutional reading dispensed Block Vote (on 1st reading) (38-Y 0-N 0-A)
2026-01-26 Senate
Passed by for the day Block Vote (Voice Vote)
2026-01-23 Rehabilitation and Social Services
Passed by indefinitely in Rehabilitation and Social Services
2026-01-23 Rehabilitation and Social Services
Reported from Rehabilitation and Social Services with amendments (10-Y 4-N 1-A)
2026-01-13 Senate
Prefiled and ordered printed; Offered 01-14-2026 26100681D
2026-01-13 Rehabilitation and Social Services
Referred to Committee on Rehabilitation and Social Services

Official Summary Text

Parole; investigation prior to release; input from the attorney for the Commonwealth.
Requires the Parole Board to notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which a prisoner is incarcerated as part of the required investigation to determine if such prisoner will be released on parole. The bill further provides that the attorney for the Commonwealth may submit his input to the Board regarding the impact the release of the prisoner will have on the jurisdiction. The bill requires that any such input received shall be considered by the Board but shall not infringe on the Board's authority to exercise its decision-making authority.

Current Bill Text

Read the full stored bill text

A BILL to amend and reenact §
53.1-155
of the Code of Virginia, relating to parole; investigation prior to release; input from the attorney for the Commonwealth.
Be it enacted by the General Assembly of Virginia:
1. That §
53.1-155
of the Code of Virginia is amended and reenacted as follows:
§
53.1-155
. Investigation prior to release; transition assistance.
A. No person shall be released on parole by the
Parole
Board
(the Board)
until a thorough investigation has been made into the prisoner's history, physical and mental condition and character, and his conduct, employment, and attitude while in prison. All information collected through such investigation shall be made available to the prisoner or his attorney, provided that (i) neither the prisoner nor his attorney shall further disclose, reproduce, copy, or disseminate such information in any way and (ii) the Board shall redact all personal information of the victim. The Board shall also determine that his release on parole will not be incompatible with the interests of society or of the prisoner. The provisions of this section shall not be applicable to persons released on parole pursuant to §
53.1-159
.
B. An investigation conducted pursuant to this section shall include notification that a victim may submit to the
Virginia Parole
Board evidence concerning the impact that the release of the prisoner will have on such victim. This notification shall be sent to the last address provided to the Board by any victim of a crime for which the prisoner was incarcerated. If additional victim research is necessary, electronic notification shall be sent to the attorney for the Commonwealth and the director of the victim/witness program, if one exists, of the jurisdiction in which the offense occurred. The Board shall endeavor diligently to contact the victim prior to making any decision to release any inmate on discretionary parole. The victim of a crime for which the prisoner is incarcerated may present to the Board oral, including by virtual means, or written testimony concerning the impact that the release of the prisoner will have on the victim, and the Board shall consider such testimony in its review. Once testimony is submitted by a victim, such testimony shall remain in the prisoner's parole file and shall be considered by the Board at every parole review. The victim of a crime for which the prisoner is incarcerated may submit a request in writing or by electronic means to the Board to be notified of (i) the prisoner's parole eligibility date and mandatory release date as determined by the Department of Corrections, (ii) any parole-related interview dates, and (iii) the Board's decision regarding parole for the prisoner. The victim may request that the Board only notify the victim if, following its review, the Board is inclined to grant parole to the prisoner, in which case the victim shall have 45 days to present written or oral testimony for the Board's consideration. If the victim has requested to be notified only if the Board is inclined to grant parole and no testimony, either written or oral, is received from the victim within at least 45 days of the date of the Board's notification, the Board shall render its decision based on information available to it in accordance with subsection A. The definition of victim in §
19.2-11.01
shall apply to this section.
Although any information presented by the victim of a crime for which the prisoner is incarcerated shall be retained in the prisoner's parole file and considered by the Board, such information shall not infringe on the Board's authority to exercise its decision-making authority.
An investigation conducted pursuant to this section shall include notification to the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which the prisoner is incarcerated. The attorney for the Commonwealth may submit input to the Board regarding the impact the release of the prisoner will have on the jurisdiction. Once input has been received from an attorney for the Commonwealth, such input
[

shall remain in the prisoner's parole file and

]
shall be considered by the Board
[

at every parole review

]

; however, such input shall not infringe on the Board's authority to exercise its decision-making authority.
C. Notwithstanding the provisions of subsection A, if a physical or mental examination of a prisoner eligible for parole has been conducted within the last 12 months, and the prisoner has not required medical or psychiatric treatment within a like period while incarcerated, the prisoner may be released on parole by the
Parole
Board directly from a local correctional facility.
The Department shall offer each prisoner to be released on parole or under mandatory release who has been sentenced to serve a term of imprisonment of at least three years the opportunity to participate in a transition program within six months of such prisoner's projected or mandatory release date. The program shall include advice for job training opportunities, recommendations for living a law-abiding life, and financial literacy information. The Secretary of Public Safety and Homeland Security shall prescribe guidelines to govern these programs.