HB 1589: Virginia Parole Board; powers and duties, membership, voting requirements, etc. - Virginia

Governor Substitute Rejected → Chaptered · 6 edits

MODERATE

The bill was approved as Chapter 716 of the 2025 Reconvened Session, incorporating amendments to the Virginia Code related to the Parole Board and post-release supervision. Key substantive changes include adding a new section on Parole Board meeting transparency, modifying voting requirements for parole decisions, and updating provisions related to post-release supervision and parole revocation procedures.

Scope change

The bill's scope expanded to include amendments to § 18.2-10 (felony punishment) and § 19.2-390 (law enforcement reporting), which were not part of the original House Substitute version.

REQUIREMENT

Added new § 2.2-3707.02 clarifying that Parole Board meetings are not subject to open meeting laws, except for public meetings held for final parole deliberations and votes.

Modified § 53.1-134.1 to require a majority of members present for parole decisions, with specific voting thresholds for life imprisonment cases involving first-degree murder.

Revised § 53.1-136 to update notification procedures for parole grants, including requirements to notify attorneys and victims, and added provisions for coordinating with mental health services.

Amended § 19.2-295.2 to clarify termination and recommitment procedures for post-release supervision violations, aligning them with parole revocation processes.

SCOPE

Added § 18.2-10 to establish felony punishment standards, including provisions for suspended additional terms of incarceration and post-release supervision.

ENFORCEMENT

Updated § 19.2-390 to expand reporting requirements for law enforcement agencies regarding arrests and charges to the Central Criminal Records Exchange.

Conference Substitute → Governor Substitute Rejected · 6 edits

MODERATE

The bill was amended from a House Substitute version to a Governor Substitute Rejected version, removing several sections that amended felony sentencing and probation laws while retaining the core parole board meeting provisions. The Governor's version eliminated amendments to §§ 18.2-10, 19.2-390, and 53.1-145, which previously modified felony punishment penalties, criminal reporting requirements, and probation officer duties. The Governor also removed the provision transferring postrelease supervision from the Parole Board to probation officers effective July 1, 2025, and deleted the requirement for Governor approval of Parole Board rules by that date.

Scope change

The bill's scope was significantly reduced by removing amendments to felony sentencing penalties, criminal record reporting procedures, and probation officer responsibilities, while keeping the Parole Board meeting exemption from open meeting laws.

REQUIREMENT

Removed amendments to § 18.2-10 that would have modified felony punishment penalties and sentencing guidelines.

Removed amendments to § 53.1-145 that would have added new duties for probation and parole officers regarding DNA sampling and criminal history record reviews.

Removed the requirement that the Governor approve Parole Board rules by July 1, 2025.

ENFORCEMENT

Removed amendments to § 19.2-390 that would have changed how law enforcement agencies report arrests and criminal records to the Central Criminal Records Exchange.

Modified § 19.2-295.2 to change postrelease supervision oversight from the Parole Board to the circuit court that imposed the sentence, with new reporting requirements for felons.

TIMELINE

Removed the provision requiring the Parole Board to transfer postrelease supervision cases to probation officers by July 1, 2025.

Courts of Justice Substitute → Conference Substitute · 6 edits

MODERATE

The bill was revised from a Senate version to a Conference version, incorporating changes to the sections of law being amended and adding a new section about Parole Board meeting requirements. The Senate version amended 11 sections including 17.1-803 (sentencing guidelines), while the Conference version amended 12 sections and added a new section 2.2-3707.02 specifically addressing Parole Board meeting procedures and voting requirements.

Scope change

The bill's scope expanded to include § 18.2-10 (punishment for felony convictions) and § 19.2-390 (criminal records exchange) in the Conference version, while removing § 17.1-803 (sentencing guidelines) from the amended sections list.

SCOPE

Added § 18.2-10 to the list of sections being amended, expanding the bill's scope to include felony punishment provisions.

Added § 19.2-390 to the list of sections being amended, expanding the bill's scope to include criminal records exchange provisions.

Removed § 17.1-803 (sentencing guidelines) from the list of sections being amended, narrowing the bill's scope compared to the Senate version.

Added § 53.1-134 and § 53.1-134.1 to the list of sections being amended, expanding the bill's scope to include additional Parole Board sections.

Added § 53.1-161 to the list of sections being amended, expanding the bill's scope to include parole return procedures.

REQUIREMENT

Added new section 2.2-3707.02 establishing that Virginia Parole Board meetings (except public parole deliberation meetings) are not subject to open meeting law requirements.

Public Safety Substitute → Courts of Justice Substitute · 6 edits

MODERATE

The bill was amended from a House Public Safety Substitute to a Senate Courts of Justice Substitute, shifting the bill's focus from parole board meeting procedures to revocation of postrelease supervision. The Senate version adds new sections related to sentencing guidelines and risk assessment instruments, while removing the original House provisions about Parole Board meetings and expanding the scope to include probation revocation procedures.

Scope change

The bill's scope expanded from primarily addressing Virginia Parole Board meeting procedures to include broader sentencing guidelines, risk assessment requirements, and postrelease supervision revocation procedures under the Courts of Justice jurisdiction.

REQUIREMENT

Added requirements for developing statewide discretionary sentencing guidelines and risk assessment instruments for felony cases

Added provisions for preparing sentencing worksheets and forms for recording revocation hearing outcomes

Removed original House provisions regarding Virginia Parole Board meeting procedures and public meeting requirements

SCOPE

Changed jurisdiction from Public Safety to Courts of Justice committee oversight

TIMELINE

Added specific timeline for implementing sentencing guidelines and risk assessment systems

ELIGIBILITY

Expanded applicability to include probation and postrelease supervision revocation hearings in addition to parole

Enrolled → Public Safety Substitute · 4 edits

MODERATE

This bill amends the Virginia Code to clarify that Virginia Parole Board meetings are not subject to public meeting requirements, except for final parole deliberations. It also adds a new section requiring the Parole Board to notify post-release supervision individuals by July 1, 2025, that their supervision will transfer to probation officers, and requires Board rules to be approved by the Governor by the same deadline. The bill maintains existing felony sentencing structures and parole procedures while updating administrative oversight requirements.

Scope change

The bill's scope remains focused on Virginia Parole Board operations and post-release supervision procedures, with no change to the underlying criminal penalties or eligibility criteria for parole.

TIMELINE

Added July 1, 2025 deadline for Parole Board to notify individuals on post-release supervision that their supervision will transfer to probation officers

REQUIREMENT

Added requirement that Parole Board rules must be approved by the Governor by July 1, 2025

ENFORCEMENT

Clarified that Parole Board meetings are exempt from public meeting provisions except for final parole deliberation votes

TECHNICAL

Minor formatting and spacing changes to the bill text and header information

Engrossed → Enrolled · 4 edits · May 2, 2025

MODERATE

This bill transitioned from an Engrossed version to an Enrolled version, which is the final version approved by the Governor and ready for signing into law. The substantive policy content remains unchanged between the two versions, with the primary differences being formatting adjustments, spacing corrections, and the removal of bracketed placeholder dates that were used during the legislative process. The bill itself amends Virginia's Code to modify parole board meeting procedures, update felony sentencing guidelines, and revise reporting requirements for law enforcement and corrections officials.

Scope change

No substantive change in scope or applicability; this is a procedural transition from legislative draft to final enrolled version.

TECHNICAL

Removed bracketed placeholder dates (e.g., [2025 2026], [2026 2027]) that were used during legislative deliberation to indicate potential effective dates or approval deadlines.

Adjusted formatting, spacing, and line breaks throughout the document to match official enrolled bill standards.

Added official enrolled bill headers, chapter designations, and approval stamps that are standard for final legislative enactments.

POLICY

All substantive policy provisions regarding parole board meetings, felony sentencing, probation requirements, and reporting obligations remain identical to the Engrossed version.

Introduced → Engrossed · 4 edits · Mar 7, 2025

MODERATE

The bill was amended to expand its scope from only parole-related sections to include additional sections covering felony sentencing and related penalties. The substantive policy changes include clarifying parole eligibility for life sentences, adjusting voting requirements for parole decisions, and adding new requirements for victim notification and participation in parole proceedings.

Scope change

The bill's scope was expanded to include amendments to sections 18.2-10, 19.2-295.2, 19.2-390, 53.1-145, 53.1-157, 53.1-161, 53.1-162, 53.1-164, and 53.1-165, which were not included in the original version.

ELIGIBILITY

Added restrictions on parole eligibility for Class 1 and Class 2 felony convictions for persons 18 or older at the time of the offense, preventing them from receiving parole, good conduct allowances, or earned sentence credits.

REQUIREMENT

Modified voting requirements for parole decisions to require a panel of at least four members for life imprisonment cases and three members for other cases, with unanimous voting required when fewer than the minimum number of members are available.

Added new requirements for victim notification and participation, including the ability for victims to submit written or oral testimony and receive notifications about parole eligibility dates and decisions.

TECHNICAL

Changed the bill title from 'Introduced' to 'Engrossed' and updated the bill number from 25103424D to 25105084D, reflecting the amendment process.

Virginia Parole Board; powers and duties, membership, voting requirements, etc.

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