Title 53.1. Prisons and Other Methods of Correction
Chapter 4. Probation and Parole
§ 53.1-154.2. Parole procedures and considerations for certain juvenile offenders; appeal.
A. For the purpose of this section, "juvenile offender" means a prisoner eligible for parole pursuant to subsection E of § 53.1-165.1.
B. The Board shall provide a meaningful opportunity to obtain release for juvenile offenders on the basis of demonstrated maturity and rehabilitation and the lesser culpability of juvenile offenders.
C. In providing such meaningful opportunity to obtain release, the Board shall give substantial weight to the following when making a determination on whether to grant parole to any juvenile offender: (i) such juvenile offender's demonstrated emotional maturity and reflection, including reflection on his past conduct; (ii) such juvenile offender's maturity of judgment, including improved impulse control, development of prosocial relationships, and independence from negative influences; (iii) such juvenile offender's participation in rehabilitative, treatment, and educational programs while incarcerated, if such programs were available to him; (iv) such juvenile offender's employment history while incarcerated, if employment opportunities were available to him; (v) any obstacles such juvenile offender may have faced as a juvenile entering an adult correctional facility; (vi) such juvenile offender's institutional conduct while incarcerated, with greater weight given to more recent conduct occurring after he has had time to mature and adjust to prison; (vii) such juvenile offender's occupational skills and employment potential, including his ability and readiness to assume employment-related obligations and responsibilities; (viii) such juvenile offender's reentry plan; and (ix) any other information relevant to such juvenile offender's maturity and rehabilitation.
D. The Board shall give substantial mitigating weight to the following factors when making a determination on whether to grant parole to any juvenile offender: (i) the diminished culpability and heightened capacity for change for juveniles as compared to adults; (ii) the hallmark features of juveniles, including immaturity, impetuosity, and limited ability to assess or appreciate risks and consequences; (iii) the age of such juvenile offender at the time of the offense; (iv) whether and to what extent peer or adult pressure influenced such juvenile offender to commit the offense; (v) such juvenile offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, poverty, and involvement in the child welfare system; and (vi) the lack of ability of such juvenile offender to extricate himself from criminogenic circumstances.
E. Under no circumstance shall the Board consider a juvenile offender's age at the time of the offense as an aggravating factor to deny parole. The Board shall give significant consideration to the juvenile offender's ability to change when making a parole consideration.
F. A juvenile offender may request for reconsideration or appeal of a decision by the Board not to grant parole based on (i) the Board's failure to give substantial weight to such juvenile offender's age and its related mitigating circumstances as required by this section or (ii) the Board's overreliance on static factors such as the nature and circumstances of the offense and failure to ground its decision in evidence of maturity, rehabilitation, and a lack of present danger to public safety. The Board shall provide individualized reasons for the grant or denial of parole upon reconsideration or appeal.
