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Code of Virginia

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Code of Virginia
Title 53.1. Prisons and Other Methods of Correction
Chapter 4. Probation and Parole
7/2/2025

§ 53.1-161. Arrest and return of parolee; warrant; release pending adjudication of violation.

The Chairman or any member of the Board may at any time upon information or a showing of a violation or a probable violation by any parolee of any of the terms or conditions upon which he was released on parole issue, or cause to be issued, a warrant for the arrest and return of the parolee to the institution from which he was paroled, or to any other correctional facility that may be designated by the Chairman or member. However, a determination of whether a parolee returned to a correctional facility pursuant to this subsection shall be returned to a state or local correctional facility shall be made based on the length of the parolee's original sentence as set forth in § 53.1-20. Each such warrant shall authorize all officers named therein to arrest and return the parolee to actual custody in the facility from which he was paroled, or to any other facility designated by the Chairman or member.

In any case in which the parolee is charged with the violation of any law, the violation of which caused the issuance of such warrant, upon request of the parolee or his attorney, the Chairman or member shall as soon as practicable consider all the circumstances surrounding the allegations of such violation, including the probability of conviction thereof, and may, after such consideration, release the parolee, pending adjudication of the violation charged.

Code 1950, § 53-258; 1970, c. 648; 1973, c. 253; 1976, c. 45; 1978, c. 227; 1982, c. 636; 1990, cc. 676, 768; 2000, c. 767; 2023, c. 618; 2025, c. 716.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.