§ 53.1-165.1

Limitation on the application of parole statutes

The provisions of this article, except §§ 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of incarceration for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.

History

1994, 2nd Sp. Sess., cc. 1, 2.

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Court Decisions

Fishback v. Com. (SCV, 06/09/00)
. . . the jury instructed that, pursuant to Code § 53.1-165.1, parole has been abolished in Virginia. . . .
Yarbrough v. Com. (SCV, 09/17/99)
. . . parole in Virginia through the enactment of Code § 53.1-165.1, a jury has imposed the death . . .
Atkins v. Com. (SCV, 09/15/00)
. . . the possibility of parole. Code §§ 17.1-313 and 53.1-165.1. . . .
Mosby v. Com. (COA, 03/04/97)
. . . murder on January 2, 1995. Pursuant to Code § 53.1-165.1, an accused convicted of a felony . . .
Hartigan v. Com. (COA, 12/28/99)
. . . eligible for parole upon that offense." Code § 53.1-165.1. Additionally, in 1994, the General . . .
Walker v. Com. (COA, 06/17/97)
. . . Virginia for all felony offenses, under Code § 53.1-165.1, is "relevant... evidence related to . . .
David Edward Hartigan, III v. Commonwealth of VA (COA, 07/18/00)
. . . holding that, as to those offenses to which Code § 53.1- . . .
Bell v. Com. (SCV, 06/07/02)
. . . eligible for parole in accordance with Code § 53.1-165.1. In those cases where geriatric release is . . .
Michael Ryan Bruton v. Commonwealth of Virginia (COA, 04/01/14)
. . . particularly in view of the enactment of Code § 53.1-165.1, which abolished parole . . .
Jerman v. Com. (COA, 02/13/01)
. . . on or after January 1, 1995 pursuant to Code § 53.1-165.1." Fishback, 260 Va. at 115-16, 532 S.E.2d . . .

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Amendment Attempts

HB436: Juveniles; certain persons imprisoned for life eligible for parole. (failed)
SB661: Parole; hearing for nonviolent offenders whose crime was committed on or after January 1, 1995. (failed)
HB390: Parole; limitation on the application of parole statutes. (failed)
SB216: Parole; limitation on the application of parole statutes. (failed)
SB1152: Juvenile offenders; parole eligibility. (failed)
HB1314: Parole; exception to limitation on the application of parole statutes. (failed)
SB239: Juvenile offenders; eligibility for parole.
SB890: Juvenile offenders; eligibility for parole. (failed)
HB1689: Parole; exception to limitation on the application of parole statutes. (failed)
HB1745: Juvenile offenders; eligibility for parole. (failed)
SB1053: Juvenile offenders; eligibility for parole. (failed)
SB1391: Juvenile offenders; eligibility for parole.
SB1437: Parole; exception to limitation on the application of parole statutes, investigations and reports. (failed)
HB250: Juvenile offenders; eligibility for parole. (failed)
HB33: Parole; exception to limitation on the application of parole statutes. (passed)
HB35: Juvenile offenders; eligibility for parole. (passed)
HB996: Parole; exception to limitation on the application of parole statutes. (failed)
SB103: Juvenile offenders; eligibility for parole. (passed)
SB5016: Parole statutes; application for juveniles and persons committed upon certain felony offenses. (failed)
SB793: Parole; exception to limitation on the application of parole statutes. (passed)
SB821: Parole; exception to limitation on the application of parole statutes.
HB250: Juvenile offenders; eligibility for parole.
HB996: Parole; exception to limitation on the application of parole statutes.
SB1370: Parole statutes; application for juveniles and persons committed upon certain felony offenses. (failed)
SB91: Parole; application of statutes.
HB345: Robbery; conforms certain provisions of the Code of Virginia to the degrees of robbery offenses. (failed)
SB109: Offenders under 21 years of age; parole. (failed)
SB110: Juvenile offenders; parole eligibility. (failed)
SB112: Parole statutes; application for juveniles and persons committed upon certain felony offenses.
SB745: Marijuana-related offenses; modification of sentence. (failed)
SB112: Parole statutes; application for juveniles and persons committed upon certain felony offenses. (failed)
SB391: Cannabis control; retail market. (failed)
SB391: Cannabis control; retail market. (failed)
SB917: Parole statutes; application for juveniles and persons committed upon certain felony offenses. (failed)
HB77: Robbery; conforms certain provisions of the Code of VA to the degrees of robbery offenses, etc. (failed)
SB449: Juveniles; juvenile correctional centers, eligibility for parole. (failed)