Title 53.1. Prisons and Other Methods of Correction
Chapter 4. Probation and Parole
§ 53.1-151.1. (Effective July 1, 2027) Suitability for release on parole; discretionary parole criteria guidelines.
A. The Parole Board or staff designated by the Board shall use the information collected through the investigation required by § 53.1-155 to determine discretionary parole criteria guidelines when evaluating a prisoner's suitability for release on parole. The Department of Corrections shall assist to the fullest extent possible with requests for records.
B. A completed discretionary parole criteria worksheet shall be provided to the prisoner in advance of the parole hearing. If an eligible prisoner believes that his worksheet score is inaccurate, the prisoner shall be permitted to contest the worksheet score and to provide records necessary to correct such score prior to the Board's vote on the decision to grant parole. If the Parole Board finds the prisoner's contest is well-founded, the worksheet score shall be updated accordingly. Suitability for release on parole shall be computed using the schedule of discretionary parole criteria set out below:
SCHEDULE OF DISCRETIONARY PAROLE CRITERIA
1. Compliant with case plan
No: 0
Yes: 10
2. Major infraction within past five years
None: 0
Per major infraction: -10
3. Minor infraction within past five years
None: 0
Per minor infraction: -2
4. Applied for or enrolled in educational, vocational, or therapeutic program
No: 0
Yes: 5
5. Completed educational and vocational programs
Associate's degree or above: 5
High school degree or GED: 5
Journeyman trade skill: 5
Vocational trade: 3
6. Verified residential plan
No: 0
Yes: 15
7. Previous state responsible incarceration
None: 0
Per previous state responsible incarceration: -5
8. Length of time served
Per 10 years: 5
9. Age of offender at time of offense
26 years of age or older: 0
21-25 years of age: 5
18-20 years of age: 10
18 years of age or younger: 15
10. Verified employment plan
No: 0
Yes: 15
TOTAL OF SCORES
Tier 1: 50 or more points
Tier 2: 25-49 points
Tier 3: 0-25 points
C. A maximum of 10 points may be earned by a prisoner for satisfying the criteria listed in subdivision B 5, related to verified educational and vocational programs.
D. A maximum of 15 points may be earned by a prisoner for satisfying the criteria listed in subdivision B 6, related to a verified residential plan. Satisfaction of such criteria listed in subdivision B 6 requires the prisoner to provide a letter of verification.
E. A prisoner shall earn five points for every 10 years served, and there shall be no limit to the amount of points a prisoner may earn for satisfying the criteria listed in subdivision B 8, related to length of time served.
F. A prisoner shall earn 15 points for satisfying the criteria listed in subdivision B 10, related to a verified employment plan. Satisfaction of such criteria listed in subdivision B 10 requires the prisoner to provide a letter of verification. Any prisoner who is (i) permanently disabled or (ii) 65 years of age or older and retired shall receive the full amount of points under subdivision B 10.
G. If a prisoner's score is within the Tier 1 range, such prisoner shall receive favorable consideration for parole. If a prisoner's score is within the Tier 2 range, such prisoner may be considered a suitable candidate for parole. If a prisoner's score is within the Tier 3 range, such prisoner is presumed to be unsuitable for parole at the time of the hearing.
If the Parole Board deviates from the recommendation based on the discretionary parole criteria worksheet score for a prisoner scored at Tier 1 or Tier 3, the Board shall provide a written explanation for such deviation.
Nothing in this section shall prohibit the Board from making its final determination on whether or not to grant discretionary parole based on the individual facts and circumstances of the prisoner.
2026, c. 1085.
