HB 318

Virginia Parole Board; powers and duties; juvenile offenders; parole procedures and considerations. Increases the members of the Virginia Parole Board (the Board) from up to five to at least 10 members, five of whom shall be appointed by the Governor within 60 days of inauguration, three of whom shall be appointed by the Speaker of the House of Delegates within 60 days after a new House is sworn in after an election, and two of whom shall be appointed by the Chair of the Senate Committee on Rules within 60 days after a new Senate is sworn in after an election, and all of whom shall be subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. The bill specifies that all members of the Board shall have significant professional experience working in criminal law, corrections, reentry and community services, or victim services and that the Board members appointed by the Governor shall include (i) an attorney with significant experience in criminal prosecution; (ii) an attorney with significant experience in criminal defense; (iii) a qualified mental health professional with relevant background in adolescent development, trauma responses, psychology, and decision-making; and (iv) a representative of a crime victims organization or a victim of crime. These provisions of the bill have a delayed effective date of July 1, 2028. The bill requires that at least 30 days prior to the Board's final deliberation and vote regarding whether or not to grant a prisoner parole, the Board provide a true copy of all information collected through the investigation conducted into the prisoner's history, physical and mental condition and character, and his conduct, employment, and attitude while in prison to the prisoner or his attorney either electronically or in paper form, provided neither the prisoner nor his attorney willfully or intentionally further disclose, reproduce, copy, or disseminate such information. If parole is denied, the bill requires the Board provide steps the inmate may take to demonstrate commitment to rehabilitation. The bill also requires the Board to provide a meaningful opportunity for release to certain juvenile offenders eligible for parole and specifies various factors the Board shall consider when making a determination on whether to grant parole to such juvenile offender. The bill allows a juvenile offender to request for reconsideration or appeal of a decision by the Board not to grant parole based on (a) the Board's failure to consider such juvenile offender's age and its related mitigating circumstances as required by the bill or (b) the Board's consideration of the circumstances of the offense outweighing evidence of rehabilitation and a lack of present danger to public safety. The bill requires the Board to provide individualized reasons for the grant or denial of parole upon reconsideration or appeal. The bill also requires that if parole is denied for any such juvenile offender, each Board member shall identify his reasoning for such decision at the time such member's vote is cast, including any youth-related factor and evidence of maturity and rehabilitation that was considered. The bill requires that the Board provide to such inmate steps the inmate may take to demonstrate commitment to rehabilitation and requires the Board to consider whether the inmate has taken such steps at the next hearing. The bill requires the Board to annually review the cases of such juvenile offenders eligible for parole.