21100257D
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.
Any person serving a sentence imposed upon a conviction for a
felony offense, other than (i)
a Class 1 felony,
(i);
(ii) if the offense was committed on or after July
1, 2021, murder in the first degree or second degree
in violation of 18.2-32; or (iii) if the offense was committed on or after July
1, 2021, murder of a pregnant woman in
violation of 18.2-32.1,
who has reached the age of sixty-five 70 or older and who has served
at least five years 65 percent of the sentence
imposed or (ii)
who has reached the age of sixty or older and who has served at least ten years
of the sentence imposed may petition the Parole Board for
conditional release. The Parole Board shall promulgate regulations 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 cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 1289 of the Acts of Assembly of 2020 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.