Replace this with your Agency Logo VIRGINIA PAROLE BOARD 6900 Atmore Drive Richmond, VA (804)

Replace this with your Agency Logo 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.

Replace this with your Agency Logo VIRGINIA PAROLE BOARD zog

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

Replace this with your Agency Logo DISCRETIONARY PAROLE OOffenders eligible for parole consideration : –T–Those who committed crimes before January 1, 1995 –T–Those with multiple misdemeanors committed before July 1, 2008 –T–Those sentenced to indeterminate sentences under the Youthful Offender Act.

DISCRETIONARY PAROLE T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.

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 OffenseNumberPercentNumberPercent Capital Murder1073%2033% First Degree Homicide1,11329%1,24121% Second Degree Homicide612%1052% Manslaughter19<1%50<1% Abduction60416%80013% Rape/Sexual Assault70818%98016% Robbery59115%1,10118% Assault2486%5379% Weapons6<1%14<1% Arson10<1%19<1% Burglary/B&E1574%4197% Larceny/Fraud1013%2905% Conspiracy4<1%5 Sex Offense8<1%18<1% DUI0<1%12<1% Habitual Offender2<1%5 Other Property3<1%9 Drug Sales622%1402% Drug Possession29<1%861% Not Reported3<1%3 Total3,836 6,037 Violent by § Yes3,58293%5,47491% No2547%5639% Source: State Responsible Offender Profile: Parole Eligibility & Geriatric Release Eligibility FY2011 and Beyond, VADOC Research & Forecast Unit, April

Replace this with your Agency Logo DISCRETIONARY PAROLE TThe Parole Process: –I–Interview in person or by video by a Parole Examiner Examiner prepares summary for the Board –B–Board Appointments Victims Inmate families/advocates Other interested parties –L–Letters, phone calls, documents received and recorded

DISCRETIONARY PAROLE TThe Parole Process – continued –C–Case sent to Board for review and voting By individual Board members Discussion by Board –D–Decision to grant or not grant parole Generally requires concurrence of three members In cases of life sentences for 1 st degree murder, requires concurrence of four members

DISCRETIONARY PAROLE TThe Parole Process – continued –F–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

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

DISCRETIONARY PAROLE TThe Parole Process – continued –I–If granted, determination of special conditions Development of parole plan Notification of offender –I–In not granted, reasons given for decision Consideration of deferral Notification of offender

GERIATRIC RELEASE I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.

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 Currently Parole Eligible Parole Eligible in the FutureNOT Parole Eligible Geriatric Release Eligibility DateCumulative # % of Total SRCumulative # % of Total SRCumulative # % of Total SR Through FY % 68 <1% 196 <1% FY % 92 <1% 278 <1% FY % 109 <1% 361 <1% FY % 135 <1% 485 1% FY % 156 <1% 591 2% FY % 179 <1% 711 2% FY % 211 <1% 800 2% After FY20172,461 7% 1,044 3% 3,643 10% Scheduled to be Released Prior to Geriatric Eligibility Date 1,3364%1,1353%27,61574% Not Eligible for Geriatric Release39 <1% 22 <1% 208 <1%

Replace this with your Agency Logo PARDONS/CLEMENCIES TThe Board investigates and makes recommendation to Governor –S–Simple Pardons ---- Official Forgiveness –A–Absolute Pardons ---- Innocent –C–Conditional Pardons ---- Equivalent to Parole –M–Medical Clemencies ---- Within 90 Days of Death AApproximately 700 per year, but rapidly increasing

REVOCATIONS PParole/Post release supervision violations –O–Offender violates conditions of supervision –B–Board reviews case –B–Board vote taken –R–Recommendation of continue on parole or revocation of parole –A–Approximately 300 such cases each year

THREE-TIME LOSER APPEALS VVDOC determines offenders ineligibility for parole –M–Most involve convictions of robbery accomplished by the presentation of firearms –I–Ineligibility may be appealed to the Board –P–Presently approximately 12 such cases per year

What the Courts Think  Burnette v. Fahey, 687 F. 3d 171 (4 th 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

Replace this with your Agency Logo GOVERNOR’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

Replace this with your Agency Logo GOVERNOR’S INITIATIVES  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

Replace this with your Agency Logo GOVERNOR’S INITIATIVES –Special emphasis on geriatrics Most expensive to house Propose review of all geriatrics, not just those who petition