VIRGINIA PAROLE BOARD

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VIRGINIA PAROLE BOARD

6900 Atmore Drive

Richmond, VA 23225

(804)674-8031


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VIRGINIA PAROLE BOARD

THE GOAL OF THE PAROLE BOARD IS TO RELEASE ON PAROLE, THOSE ELIGIBLE

OFFENDERS DEEMED SUITABLE FOR RELEASE AND WHOSE RELEASE WILL BE

COMPATIBLE WITH THE WELFARE OF SOCIETY AND THE OFFENDER.


Agency LogoVIRGINIA PAROLE BOARD

http://www.youtube.com/watch?v=KtwXlIwozog


Agency LogoPRIMARY DUTIES

Discretionary Parole Geriatric Release Pardons/Clemencies Revocations Three-time Loser Appeals


Agency LogoDISCRETIONARY PAROLE

Offenders eligible for parole consideration:– Those who committed crimes before January 1,

1995– Those with multiple misdemeanors committed

before July 1, 2008– Those sentenced to indeterminate sentences

under the Youthful Offender Act.



There are approximately 4,309 inmates eligible for discretionary parole consideration at this time. More inmates will reach their eligibility dates over the next several years, and we have projected the eligible population to steadily increase to a peak of around 6,800 in 2016.


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Parole Eligibility of SR Confined Population

as of June 30, 2011

Currently Eligible for Discretionary Parole

Eligible for Discretionary Parole Now or in the Future

Most Serious Offense Number Percent Number PercentCapital Murder 107 3% 203 3%First Degree Homicide 1,113 29% 1,241 21%Second Degree Homicide 61 2% 105 2%Manslaughter 19 <1% 50 <1%Abduction 604 16% 800 13%Rape/Sexual Assault 708 18% 980 16%Robbery 591 15% 1,101 18%Assault 248 6% 537 9%Weapons 6 <1% 14 <1%Arson 10 <1% 19 <1%Burglary/B&E 157 4% 419 7%Larceny/Fraud 101 3% 290 5%Conspiracy 4 <1% 5 <1%Sex Offense 8 <1% 18 <1%DUI 0 <1% 12 <1%Habitual Offender 2 <1% 5 <1%Other Property 3 <1% 9 <1%Drug Sales 62 2% 140 2%Drug Possession 29 <1% 86 1%Not Reported 3 <1% 3 <1%Total 3,836 6,037

Violent by §17.1-805 Yes 3,582 93% 5,474 91%No 254 7% 563 9%Source: State Responsible Offender Profile: Parole Eligibility & Geriatric Release Eligibility FY2011 and Beyond , VADOC Research & Forecast Unit, April 2012 http://www.vadoc.virginia.gov/about/facts/research/profile/ParoleEligibleProfileFY07-FY11.pdf



The Parole Process:– Interview in person or by video by a Parole Examiner

• Examiner prepares summary for the Board– Board Appointments

• Victims• Inmate families/advocates• Other interested parties

– Letters, phone calls, documents received and recorded



The Parole Process – continued– Case sent to Board for review and voting

• By individual Board members• Discussion by Board

– Decision to grant or not grant parole• Generally requires concurrence of three members• In cases of life sentences for 1st degree murder, requires

concurrence of four members



The Parole Process – continued– Factors considered

• Compatibility with Public Safety• Offender’s History, Conduct, Education and Training• Sentence and Criminal History• Circumstances of the Offense• Prior Record and Adjustment on Previous Parole• Personal, Social and Family History• Offender’s Institutional Experience • Offender’s Attitude Toward Self and Others



– Factors Considered – Continued• Release Plans and Employment Opportunities• Community Resources• Impressions Gained from Parole Interview• Information from Interested Parties



The Parole Process – continued

– If granted, determination of special conditions• Development of parole plan• Notification of offender

– In not granted, reasons given for decision• Consideration of deferral• Notification of offender


Agency LogoGERIATRIC RELEASE

Inmates who reach age 60 and have served at least 10 years, or reach age 65 and have served at least 5 years are eligible for parole consideration regardless of the date of their offense. However, a qualified inmate must request consideration by the Board as it is not automatic.


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Geriatric Release Eligibility of SR Confined Population

as of June 30, 2011

Source: State Responsible Offender Profile: Parole Eligibility & Geriatric Release Eligibility FY2011 and Beyond , VADOC Research & Forecast Unit, April 2012 http://www.vadoc.virginia.gov/about/facts/research/profile/ParoleEligibleProfileFY07-FY11.pdf

Currently Parole EligibleParole Eligible in the

Future NOT Parole Eligible

Geriatric Release Eligibility Date Cumulative #% of

Total SR Cumulative #% of Total

SR Cumulative #% of

Total SRThrough FY2011 441 1% 68 <1% 196 <1%

FY2012 512 1% 92 <1% 278 <1%

FY2013 584 2% 109 <1% 361 <1%

FY2014 660 2% 135 <1% 485 1%

FY2015 756 2% 156 <1% 591 2%

FY2016 851 2% 179 <1% 711 2%

FY2017 932 2% 211 <1% 800 2%

After FY2017 2,461 7% 1,044 3% 3,643 10%

Scheduled to be Released Prior to Geriatric Eligibility Date

1,336 4% 1,135 3% 27,615 74%

Not Eligible for Geriatric Release 39 <1% 22 <1% 208 <1%


Agency LogoPARDONS/CLEMENCIES

The Board investigates and makes recommendation to Governor– Simple Pardons ---- Official Forgiveness– Absolute Pardons ---- Innocent– Conditional Pardons ---- Equivalent to Parole– Medical Clemencies ---- Within 90 Days of

Death Approximately 700 per year, but rapidly

increasing


Agency LogoREVOCATIONS

Parole/Post release supervision violations– Offender violates conditions of supervision– Board reviews case– Board vote taken– Recommendation of continue on parole or

revocation of parole– Approximately 300 such cases each year


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THREE-TIME LOSER APPEALS

VDOC determines offenders ineligibility for parole– Most involve convictions of robbery accomplished

by the presentation of firearms– Ineligibility may be appealed to the Board– Presently approximately 12 such cases per year


Agency LogoWhat the Courts Think

Burnette v. Fahey, 687 F. 3d 171 (4th Circuit decided July 9, 2012)– Parole Board has broad discretion

• In developing policies and procedures• In deciding its cases

Swarthout v. Cooke (562 US ___, Jan. 24, 2011)– No constitutional right to be conditionally released before

expiration of sentence– Minimal due process required in parole process


Agency LogoGOVERNOR’S INITIATIVES

Board’s Public Perception– Meeting with stakeholders (VaCURE, Muslim Chaplin

Services, Victims’ groups, etc.)– Holding Board appointments in other geographical areas– Allowing inmate families to attend Board appointments

annually Re-entry

– Paroling offenders into re-entry program– Working with VDOC re-entry coordinator to develop

programs for employing parolees



Policy and Procedures– Reviewing and revising all policies and procedures– Changed “not grant” letter to provide more information– Revised “not grant” reasons

Cost Savings– Actively seeking good candidates for parole

• Developing relationships with institutional staffs and wardens to identify candidates

• Personal meetings with offenders



– Special emphasis on geriatrics• Most expensive to house• Propose review of all geriatrics, not just those who petition

Documents

VIRGINIA PAROLE BOARD