A. Except as herein otherwise provided, every person convicted of a felonyand sentenced and committed by a court under the laws of this Commonwealth tothe Department of Corrections, whether or not such person is physicallyreceived at a Department of Corrections facility, or as provided for in §19.2-308.1:
1. For the first time, shall be eligible for parole after serving one-fourthof the term of imprisonment imposed, or after serving twelve years of theterm of imprisonment imposed if one-fourth of the term of imprisonmentimposed is more than twelve years;
2. For the second time, shall be eligible for parole after serving one-thirdof the term of imprisonment imposed, or after serving thirteen years of theterm of imprisonment imposed if one-third of the term of imprisonment imposedis more than thirteen years;
3. For the third time, shall be eligible for parole after serving one-half ofthe term of imprisonment imposed, or after serving fourteen years of the termof imprisonment imposed if one-half of the term of imprisonment imposed ismore than fourteen years;
4. For the fourth or subsequent time, shall be eligible for parole afterserving three-fourths of the term of imprisonment imposed, or after servingfifteen years of the term of imprisonment imposed if three-fourths of theterm of imprisonment imposed is more than fifteen years.
For the purposes of subdivisions 2, 3 and 4 of subsection A and for thepurposes of subsections B1 and B2, prior commitments shall includecommitments to any correctional facility under the laws of any state, theDistrict of Columbia, the United States or its territories for murder, rape,robbery, forcible sodomy, animate or inanimate object sexual penetration,aggravated sexual battery, abduction, kidnapping, burglary, felonious assaultor wounding, or manufacturing, selling, giving, distributing or possessingwith the intent to manufacture, sell, give or distribute a controlledsubstance, if such would be a felony if committed in the Commonwealth. Onlyprior commitments interrupted by a person's being at liberty, or resultingfrom the commission of a felony while in a correctional facility of theCommonwealth, of any other state or of the United States, shall be includedin determining the number of times such person has been convicted, sentencedand committed for the purposes of subdivisions 2, 3 and 4 of subsection A."At liberty" as used herein shall include not only freedom without anylegal restraints, but shall also include release pending trial, sentencing orappeal, or release on probation or parole or escape. In the case of terms ofimprisonment to be served consecutively, the total time imposed shallconstitute the term of the imprisonment; in the case of terms of imprisonmentto be served concurrently, the longest term imposed shall be the term ofimprisonment. In any case in which a parolee commits an offense while onparole, only the sentence imposed for such offense and not the sentence orsentences or any part thereof from which he was paroled shall constitute theterm of imprisonment.
The Department of Corrections shall make all reasonable efforts to determineprior convictions and commitments of each inmate for the enumerated offenses.
B. Persons sentenced to die shall not be eligible for parole. Any personsentenced to life imprisonment who escapes from a correctional facility orfrom any person in charge of his custody shall not be eligible for parole.
B1. Any person convicted of three separate felony offenses of (i) murder,(ii) rape or (iii) robbery by the presenting of firearms or other deadlyweapon, or any combination of the offenses specified in subdivisions (i),(ii) or (iii) when such offenses were not part of a common act, transactionor scheme shall not be eligible for parole. In the event of a determinationby the Department of Corrections that an individual is not eligible forparole under this subsection, the Parole Board may in its discretion, reviewthat determination, and make a determination for parole eligibility pursuantto regulations promulgated by it for that purpose. Any determination of theParole Board of parole eligibility thereby shall supersede any priordetermination of parole ineligibility by the Department of Corrections underthis subsection.
B2. Any person convicted of three separate felony offenses of manufacturing,selling, giving, distributing or possessing with the intent to manufacture,sell, give or distribute a controlled substance, when such offenses were notpart of a common act, transaction or scheme, and who has been at liberty asdefined in this section between each conviction, shall not be eligible forparole.
C. Any person sentenced to life imprisonment for the first time shall beeligible for parole after serving fifteen years, except that if such sentencewas for a Class 1 felony violation or the first degree murder of a childunder the age of eight in violation of § 18.2-32, he shall be eligible forparole after serving twenty-five years, unless he is ineligible for parolepursuant to subsection B1 or B2.
D. A person who has been sentenced to two or more life sentences, except aperson to whom the provisions of subsection B1, B2, or E of this section areapplicable, shall be eligible for parole after serving twenty years ofimprisonment, except that if either such sentence, or both, was or were for aClass 1 felony violation, and he is not otherwise ineligible for parolepursuant to subsection B1, B2, or E of this section, he shall be eligible forparole only after serving thirty years.
E. A person convicted of an offense and sentenced to life imprisonment afterbeing paroled from a previous life sentence shall not be eligible for parole.
E1. Any person who has been convicted of murder in the first degree, rape inviolation of § 18.2-61, forcible sodomy, animate or inanimate object sexualpenetration or aggravated sexual battery and who has been sentenced to a termof years shall, upon a first commitment to the Department of Corrections, beeligible for parole after serving two-thirds of the term of imprisonmentimposed or after serving fourteen years of the term of imprisonment imposedif two-thirds of the term of imprisonment imposed is more than fourteenyears. If such person has been previously committed to the Department ofCorrections, such person shall be eligible for parole after servingthree-fourths of the term of imprisonment imposed or after serving fifteenyears of the terms of imprisonment imposed if three-fourths of the term ofimprisonment imposed is more than fifteen years.
F. If the sentence of a person convicted of a felony and sentenced to theDepartment is partially suspended, he shall be eligible for parole based onthe portion of such sentence execution which was not suspended.
G. The eligibility time for parole as specified in subsections A, C and D ofthis section may be modified as provided in §§ 53.1-191, 53.1-197 and53.1-198.
H. The time for eligibility for parole as specified in subsection D of thissection shall apply only to those criminal acts committed on or after July 1,1976.
I. The provisions of subdivisions 2, 3 and 4 of subsection A shall apply onlyto persons committed to the Department of Corrections on or after July 1,1979, but such persons' convictions and commitments shall include all felonyconvictions and commitments without regard to the date of such convictionsand commitments.
(Code 1950, §§ 53-251, 53-272; 1954, c. 141; 1956, c. 342; 1958, cc. 249,468; 1962, c. 327; 1970, c. 648; 1975, c. 244; 1976, cc. 145, 209, 425; 1977,cc. 344, 546, 570; 1979, c. 411; 1981, c. 392; 1982, cc. 270, 636; 1985, c.555; 1987, c. 668; 1988, c. 872; 1990, cc. 220, 684; 1991, c. 423; 1993, cc.485, 491, 907.)
A. Except as herein otherwise provided, every person convicted of a felonyand sentenced and committed by a court under the laws of this Commonwealth tothe Department of Corrections, whether or not such person is physicallyreceived at a Department of Corrections facility, or as provided for in §19.2-308.1:
1. For the first time, shall be eligible for parole after serving one-fourthof the term of imprisonment imposed, or after serving twelve years of theterm of imprisonment imposed if one-fourth of the term of imprisonmentimposed is more than twelve years;
2. For the second time, shall be eligible for parole after serving one-thirdof the term of imprisonment imposed, or after serving thirteen years of theterm of imprisonment imposed if one-third of the term of imprisonment imposedis more than thirteen years;
3. For the third time, shall be eligible for parole after serving one-half ofthe term of imprisonment imposed, or after serving fourteen years of the termof imprisonment imposed if one-half of the term of imprisonment imposed ismore than fourteen years;
4. For the fourth or subsequent time, shall be eligible for parole afterserving three-fourths of the term of imprisonment imposed, or after servingfifteen years of the term of imprisonment imposed if three-fourths of theterm of imprisonment imposed is more than fifteen years.
For the purposes of subdivisions 2, 3 and 4 of subsection A and for thepurposes of subsections B1 and B2, prior commitments shall includecommitments to any correctional facility under the laws of any state, theDistrict of Columbia, the United States or its territories for murder, rape,robbery, forcible sodomy, animate or inanimate object sexual penetration,aggravated sexual battery, abduction, kidnapping, burglary, felonious assaultor wounding, or manufacturing, selling, giving, distributing or possessingwith the intent to manufacture, sell, give or distribute a controlledsubstance, if such would be a felony if committed in the Commonwealth. Onlyprior commitments interrupted by a person's being at liberty, or resultingfrom the commission of a felony while in a correctional facility of theCommonwealth, of any other state or of the United States, shall be includedin determining the number of times such person has been convicted, sentencedand committed for the purposes of subdivisions 2, 3 and 4 of subsection A."At liberty" as used herein shall include not only freedom without anylegal restraints, but shall also include release pending trial, sentencing orappeal, or release on probation or parole or escape. In the case of terms ofimprisonment to be served consecutively, the total time imposed shallconstitute the term of the imprisonment; in the case of terms of imprisonmentto be served concurrently, the longest term imposed shall be the term ofimprisonment. In any case in which a parolee commits an offense while onparole, only the sentence imposed for such offense and not the sentence orsentences or any part thereof from which he was paroled shall constitute theterm of imprisonment.
The Department of Corrections shall make all reasonable efforts to determineprior convictions and commitments of each inmate for the enumerated offenses.
B. Persons sentenced to die shall not be eligible for parole. Any personsentenced to life imprisonment who escapes from a correctional facility orfrom any person in charge of his custody shall not be eligible for parole.
B1. Any person convicted of three separate felony offenses of (i) murder,(ii) rape or (iii) robbery by the presenting of firearms or other deadlyweapon, or any combination of the offenses specified in subdivisions (i),(ii) or (iii) when such offenses were not part of a common act, transactionor scheme shall not be eligible for parole. In the event of a determinationby the Department of Corrections that an individual is not eligible forparole under this subsection, the Parole Board may in its discretion, reviewthat determination, and make a determination for parole eligibility pursuantto regulations promulgated by it for that purpose. Any determination of theParole Board of parole eligibility thereby shall supersede any priordetermination of parole ineligibility by the Department of Corrections underthis subsection.
B2. Any person convicted of three separate felony offenses of manufacturing,selling, giving, distributing or possessing with the intent to manufacture,sell, give or distribute a controlled substance, when such offenses were notpart of a common act, transaction or scheme, and who has been at liberty asdefined in this section between each conviction, shall not be eligible forparole.
C. Any person sentenced to life imprisonment for the first time shall beeligible for parole after serving fifteen years, except that if such sentencewas for a Class 1 felony violation or the first degree murder of a childunder the age of eight in violation of § 18.2-32, he shall be eligible forparole after serving twenty-five years, unless he is ineligible for parolepursuant to subsection B1 or B2.
D. A person who has been sentenced to two or more life sentences, except aperson to whom the provisions of subsection B1, B2, or E of this section areapplicable, shall be eligible for parole after serving twenty years ofimprisonment, except that if either such sentence, or both, was or were for aClass 1 felony violation, and he is not otherwise ineligible for parolepursuant to subsection B1, B2, or E of this section, he shall be eligible forparole only after serving thirty years.
E. A person convicted of an offense and sentenced to life imprisonment afterbeing paroled from a previous life sentence shall not be eligible for parole.
E1. Any person who has been convicted of murder in the first degree, rape inviolation of § 18.2-61, forcible sodomy, animate or inanimate object sexualpenetration or aggravated sexual battery and who has been sentenced to a termof years shall, upon a first commitment to the Department of Corrections, beeligible for parole after serving two-thirds of the term of imprisonmentimposed or after serving fourteen years of the term of imprisonment imposedif two-thirds of the term of imprisonment imposed is more than fourteenyears. If such person has been previously committed to the Department ofCorrections, such person shall be eligible for parole after servingthree-fourths of the term of imprisonment imposed or after serving fifteenyears of the terms of imprisonment imposed if three-fourths of the term ofimprisonment imposed is more than fifteen years.
F. If the sentence of a person convicted of a felony and sentenced to theDepartment is partially suspended, he shall be eligible for parole based onthe portion of such sentence execution which was not suspended.
G. The eligibility time for parole as specified in subsections A, C and D ofthis section may be modified as provided in §§ 53.1-191, 53.1-197 and53.1-198.
H. The time for eligibility for parole as specified in subsection D of thissection shall apply only to those criminal acts committed on or after July 1,1976.
I. The provisions of subdivisions 2, 3 and 4 of subsection A shall apply onlyto persons committed to the Department of Corrections on or after July 1,1979, but such persons' convictions and commitments shall include all felonyconvictions and commitments without regard to the date of such convictionsand commitments.
(Code 1950, §§ 53-251, 53-272; 1954, c. 141; 1956, c. 342; 1958, cc. 249,468; 1962, c. 327; 1970, c. 648; 1975, c. 244; 1976, cc. 145, 209, 425; 1977,cc. 344, 546, 570; 1979, c. 411; 1981, c. 392; 1982, cc. 270, 636; 1985, c.555; 1987, c. 668; 1988, c. 872; 1990, cc. 220, 684; 1991, c. 423; 1993, cc.485, 491, 907.)
A. Except as herein otherwise provided, every person convicted of a felonyand sentenced and committed by a court under the laws of this Commonwealth tothe Department of Corrections, whether or not such person is physicallyreceived at a Department of Corrections facility, or as provided for in §19.2-308.1:
1. For the first time, shall be eligible for parole after serving one-fourthof the term of imprisonment imposed, or after serving twelve years of theterm of imprisonment imposed if one-fourth of the term of imprisonmentimposed is more than twelve years;
2. For the second time, shall be eligible for parole after serving one-thirdof the term of imprisonment imposed, or after serving thirteen years of theterm of imprisonment imposed if one-third of the term of imprisonment imposedis more than thirteen years;
3. For the third time, shall be eligible for parole after serving one-half ofthe term of imprisonment imposed, or after serving fourteen years of the termof imprisonment imposed if one-half of the term of imprisonment imposed ismore than fourteen years;
4. For the fourth or subsequent time, shall be eligible for parole afterserving three-fourths of the term of imprisonment imposed, or after servingfifteen years of the term of imprisonment imposed if three-fourths of theterm of imprisonment imposed is more than fifteen years.
For the purposes of subdivisions 2, 3 and 4 of subsection A and for thepurposes of subsections B1 and B2, prior commitments shall includecommitments to any correctional facility under the laws of any state, theDistrict of Columbia, the United States or its territories for murder, rape,robbery, forcible sodomy, animate or inanimate object sexual penetration,aggravated sexual battery, abduction, kidnapping, burglary, felonious assaultor wounding, or manufacturing, selling, giving, distributing or possessingwith the intent to manufacture, sell, give or distribute a controlledsubstance, if such would be a felony if committed in the Commonwealth. Onlyprior commitments interrupted by a person's being at liberty, or resultingfrom the commission of a felony while in a correctional facility of theCommonwealth, of any other state or of the United States, shall be includedin determining the number of times such person has been convicted, sentencedand committed for the purposes of subdivisions 2, 3 and 4 of subsection A."At liberty" as used herein shall include not only freedom without anylegal restraints, but shall also include release pending trial, sentencing orappeal, or release on probation or parole or escape. In the case of terms ofimprisonment to be served consecutively, the total time imposed shallconstitute the term of the imprisonment; in the case of terms of imprisonmentto be served concurrently, the longest term imposed shall be the term ofimprisonment. In any case in which a parolee commits an offense while onparole, only the sentence imposed for such offense and not the sentence orsentences or any part thereof from which he was paroled shall constitute theterm of imprisonment.
The Department of Corrections shall make all reasonable efforts to determineprior convictions and commitments of each inmate for the enumerated offenses.
B. Persons sentenced to die shall not be eligible for parole. Any personsentenced to life imprisonment who escapes from a correctional facility orfrom any person in charge of his custody shall not be eligible for parole.
B1. Any person convicted of three separate felony offenses of (i) murder,(ii) rape or (iii) robbery by the presenting of firearms or other deadlyweapon, or any combination of the offenses specified in subdivisions (i),(ii) or (iii) when such offenses were not part of a common act, transactionor scheme shall not be eligible for parole. In the event of a determinationby the Department of Corrections that an individual is not eligible forparole under this subsection, the Parole Board may in its discretion, reviewthat determination, and make a determination for parole eligibility pursuantto regulations promulgated by it for that purpose. Any determination of theParole Board of parole eligibility thereby shall supersede any priordetermination of parole ineligibility by the Department of Corrections underthis subsection.
B2. Any person convicted of three separate felony offenses of manufacturing,selling, giving, distributing or possessing with the intent to manufacture,sell, give or distribute a controlled substance, when such offenses were notpart of a common act, transaction or scheme, and who has been at liberty asdefined in this section between each conviction, shall not be eligible forparole.
C. Any person sentenced to life imprisonment for the first time shall beeligible for parole after serving fifteen years, except that if such sentencewas for a Class 1 felony violation or the first degree murder of a childunder the age of eight in violation of § 18.2-32, he shall be eligible forparole after serving twenty-five years, unless he is ineligible for parolepursuant to subsection B1 or B2.
D. A person who has been sentenced to two or more life sentences, except aperson to whom the provisions of subsection B1, B2, or E of this section areapplicable, shall be eligible for parole after serving twenty years ofimprisonment, except that if either such sentence, or both, was or were for aClass 1 felony violation, and he is not otherwise ineligible for parolepursuant to subsection B1, B2, or E of this section, he shall be eligible forparole only after serving thirty years.
E. A person convicted of an offense and sentenced to life imprisonment afterbeing paroled from a previous life sentence shall not be eligible for parole.
E1. Any person who has been convicted of murder in the first degree, rape inviolation of § 18.2-61, forcible sodomy, animate or inanimate object sexualpenetration or aggravated sexual battery and who has been sentenced to a termof years shall, upon a first commitment to the Department of Corrections, beeligible for parole after serving two-thirds of the term of imprisonmentimposed or after serving fourteen years of the term of imprisonment imposedif two-thirds of the term of imprisonment imposed is more than fourteenyears. If such person has been previously committed to the Department ofCorrections, such person shall be eligible for parole after servingthree-fourths of the term of imprisonment imposed or after serving fifteenyears of the terms of imprisonment imposed if three-fourths of the term ofimprisonment imposed is more than fifteen years.
F. If the sentence of a person convicted of a felony and sentenced to theDepartment is partially suspended, he shall be eligible for parole based onthe portion of such sentence execution which was not suspended.
G. The eligibility time for parole as specified in subsections A, C and D ofthis section may be modified as provided in §§ 53.1-191, 53.1-197 and53.1-198.
H. The time for eligibility for parole as specified in subsection D of thissection shall apply only to those criminal acts committed on or after July 1,1976.
I. The provisions of subdivisions 2, 3 and 4 of subsection A shall apply onlyto persons committed to the Department of Corrections on or after July 1,1979, but such persons' convictions and commitments shall include all felonyconvictions and commitments without regard to the date of such convictionsand commitments.
(Code 1950, §§ 53-251, 53-272; 1954, c. 141; 1956, c. 342; 1958, cc. 249,468; 1962, c. 327; 1970, c. 648; 1975, c. 244; 1976, cc. 145, 209, 425; 1977,cc. 344, 546, 570; 1979, c. 411; 1981, c. 392; 1982, cc. 270, 636; 1985, c.555; 1987, c. 668; 1988, c. 872; 1990, cc. 220, 684; 1991, c. 423; 1993, cc.485, 491, 907.)
