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Virginia s Geriatric Release Provision

2. Geriatric Release Provision

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Virginia s Geriatric Release Provision

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    1. Virginia’s Geriatric Release Provision

    2. 2 Geriatric Release Provision & Truth-in-Sentencing The Geriatric Release Provision was adopted as part of the truth-in-sentencing reform package enacted by the General Assembly during a 1994 Special Session. It is an aspect of the truth-in-sentencing system that heretofore the Commission has never examined.

    3. 3 Code of Virginia § 53.1-40.01. Conditional release of geriatric prisoners Any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, (i) who has reached the age of sixty-five or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of sixty or older and who has served at least ten years of the sentence imposed may petition the Parole Board for conditional release. The Parole Board shall promulgate regulations to implement the provisions of this section.

    4. 4 Rationale for Geriatric Release Provision With violent offenders targeted for very lengthy terms of incapacitation under truth-in-sentencing and no discretionary parole release, some prisoners may remain incarcerated into old age. Research shows that, as offenders age, they are less likely to recidivate. Exception: certain sex offenders Some inmates, by virtue of their age and physical condition, are unlikely to pose a threat to public safety. Cost to the Department of Corrections, particularly in medical expenses, is significantly higher for older inmates.

    5. 5 Parole Board Procedures An inmate must apply to the Parole Board to be considered for release under the geriatric provision. Inmates eligible for discretionary parole release Once an inmate reaches his parole eligibility date, he is considered for parole annually. Consideration is automatic. If a parole-eligible inmate chooses to apply for geriatric release, he loses his discretionary parole hearing for that year. Geriatric consideration OR parole consideration (not both)

    6. 6 Inmates Eligible for Geriatric Release

    7. 7 Inmates Eligible for Geriatric Release by Type

    8. 8 Inmates Eligible for Geriatric Release by Age

    9. 9 Inmates Eligible for Geriatric Release by Most Serious Offense - December 31, 2007

    10. 10 Inmates Considered for Geriatric Release

    11. 11 Projected Number of Geriatric-Eligible Inmates, 2008 through 2010

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