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Parole; exception to limitation on the application of parole statutes. Provides that a person is eligible to be considered for parole if such person (i) was sentenced by a jury after the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (2000), in which the Supreme Court held that a jury should be instructed on the fact that parole has been abolished, for a felony committed on or after the abolition of parole going into effect on January 1, 1995; (ii) can prove by the 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 the offense on July 1, 2025, and the offense was not one of the following: (a) a Class 1 felony; (b) if the victim was a minor, rape, forcible sodomy, object sexual penetration, or aggravated sexual battery or an attempt to commit any such act; or (c) carnal knowledge. The bill also requires the Parole Board to establish procedures for consideration of parole of persons entitled to it and also provides that any person who is eligible for parole as of July 1, 2025, shall be scheduled for a parole interview no later than July 1, 2026, allowing for extension of time for reasonable cause.
Introduced
Jan 7, 2025
Last Action
Feb 4, 2025
Session
VA 2025
Sponsors
1 primary · 0 co
Left in Courts of Justice
Subcommittee recommends striking from the docket (8-Y 0-N)
Assigned Courts sub: Criminal
Prefiled and ordered printed; Offered 01-08-2025 25102291D
Referred to Committee for Courts of Justice
Get a plain-English explanation of what this bill does, who it affects, and why it matters.
Left in Courts of Justice
Delores L. McQuinn