2023 Regular SessionVirginia Legislature

SB1361: Parole Board; eligibility determinations, reports.

Legislative Summary

Parole Board; eligibility determinations; reports. Removes provisions that exempted from the mandatory disclosure provisions of the Virginia Freedom of Information Act the records of the Parole Board. The bill requires the Board to (i) adopt rules regarding parole eligibility as set forth in the bill; (ii) publish the statement of actions taken by the Board by the fifteenth day of each month; (iii) include in such statement individualized reasons for the granting or denial of parole and the vote of each member; (iv) conduct final deliberations and votes on parole decisions at public meetings; (v) publish an annual report that summarizes actions taken by the Board during the prior year; and (vi) provide a prisoner or his attorney with all information, other than the personal information of the victim, gathered by the Board during an investigation, provided that such information shall not be further disclosed, reproduced, copied, or disseminated. Parole Board; eligibility determinations; reports. Removes provisions that exempted from the mandatory disclosure provisions of the Virginia Freedom of Information Act the records of the Parole Board. The bill requires the Board to (i) adopt rules regarding parole eligibility as set forth in the bill; (ii) publish the statement of actions taken by the Board by the fifteenth day of each month; (iii) include in such statement individualized reasons for the granting or denial of parole and the vote of each member; (iv) conduct final deliberations and votes on parole decisions at public meetings; (v) publish an annual report that summarizes actions taken by the Board during the prior year; and (vi) provide a prisoner or his attorney with all information, other than the personal information of the victim, gathered by the Board during an investigation, provided that such information shall not be further disclosed, reproduced, copied, or disseminated. The bill provides that final discharges may be issued by the Board only upon approval by a majority of Board members and requires the Board to publish an annual report regarding such final discharges, with items specified in the bill. The bill also requires the Board, prior to making any decision to grant discretionary parole to an inmate, to have discussed and debated such decision at a meeting at which a majority of the Board members were present. The bill requires, in cases in which the Board grants discretionary parole to an inmate, each Board member to identify his reasoning for such decision at the time such member's vote is cast. The bill requires that parole review hearings include a live interview of the prisoner, which may be conducted in person or by videoconference or telephone, and, absent imminent death or other extraordinary circumstances, prohibits the Board from granting parole to any prisoner who has not received a live interview within the prior calendar year. The bill also allows the victim of the crime for which the prisoner is incarcerated to present testimony to the Board by virtual means. The bill has a delayed effective date of July 1, 2024.

Bill History

1/11/2023
Prefiled and ordered printed; offered 01/11/23 23101701D
Senate
1/11/2023
Referred to Committee on Rules
Senate
1/27/2023
Reported from Rules with substitute (13-Y 4-N)
Senate
1/27/2023
Committee substitute printed 23104980D-S1
Senate
1/27/2023
Rereferred to Finance and Appropriations
Senate
2/1/2023
Committee substitute printed 23105791D-S2
Senate
2/1/2023
Reported from Finance and Appropriations with substitute (12-Y 2-N 2-A)
Senate
2/2/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/3/2023
Passed by temporarily
Senate
2/3/2023
Read second time
Senate
2/3/2023
Rules Committee substitute rejected 23104980D-S1
Senate
2/3/2023
Reading of substitute waived
Senate
2/3/2023
Finance and Appropriations Committee substitute agreed to 23105791D-S2
Senate
2/3/2023
Engrossed by Senate - committee substitute SB1361S2
Senate
2/6/2023
Read third time and passed Senate (27-Y 12-N)
Senate
2/10/2023
Placed on Calendar
House of Delegates
2/10/2023
Read first time
House of Delegates
2/10/2023
Referred to Committee for Courts of Justice
House of Delegates
2/14/2023
Assigned Courts sub: Subcommittee #1
House of Delegates
2/15/2023
Subcommittee recommends reporting with substitute (5-Y 3-N)
House of Delegates
2/20/2023
Reported from Courts of Justice with substitute (13-Y 7-N)
House of Delegates
2/20/2023
Committee substitute printed 23107021D-H1
House of Delegates
2/22/2023
Read second time
House of Delegates
2/23/2023
Read third time
House of Delegates
2/23/2023
Passed by temporarily
House of Delegates
2/23/2023
Committee substitute agreed to 23107021D-H1
House of Delegates
2/23/2023
Engrossed by House - committee substitute SB1361H1
House of Delegates
2/23/2023
Passed House with substitute (53-Y 41-N)
House of Delegates
2/23/2023
VOTE: Passage (53-Y 41-N)
House of Delegates
2/23/2023
House substitute rejected by Senate (2-Y 38-N)
Senate
2/23/2023
House insisted on substitute
House of Delegates
2/23/2023
House requested conference committee
House of Delegates
2/23/2023
Senate acceded to request (38-Y 0-N)
Senate
2/23/2023
Conferees appointed by Senate
Senate
2/23/2023
Senators: Morrissey, Favola, Norment
Senate
2/23/2023
Conferees appointed by House
House of Delegates
2/23/2023
Delegates: Williams, Bell, Hope
House of Delegates
2/25/2023
Conference: Amended by conference committee
2/25/2023
Conference report agreed to by Senate (38-Y 2-N)
Senate
2/25/2023
Conference report agreed to by House (66-Y 23-N)
House of Delegates
2/25/2023
VOTE: Adoption (66-Y 23-N)
House of Delegates
2/25/2023
Conference substitute printed 23107600D-S3
Senate
2/25/2023
Substitute bill reprinted 23107600D-S3
Senate
3/7/2023
Enrolled
Senate
3/7/2023
Bill text as passed Senate and House (SB1361ER)
Senate
3/8/2023
Signed by President
Senate
3/8/2023
Signed by Speaker
House of Delegates
3/13/2023
Enrolled Bill Communicated to Governor on March 13, 2023
Senate
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/27/2023
Governor's recommendation received by Senate
Senate
4/12/2023
Senate rejected Governor's recommendation (18-Y 22-N)
Senate
4/12/2023
Communicated to Governor
Senate
5/12/2023
Governor: Approved by Governor-Chapter 806 (effective 7/1/24)
5/12/2023
Governor: Acts of Assembly Chapter text (CHAP0806)

Amendments

Conference amendments

Conference amendments

2/25/2023Not Adopted

Substitute for SB1361 Courts of Justice, Subcommittee #1

Substitute for SB1361 Courts of Justice, Subcommittee #1

2/15/2023Adopted

Substitute for SB1361 for S-Rules

Substitute for SB1361 for S-Rules

1/20/2023Not Adopted

Governor's recommendation

Governor's recommendation

12/17/2017Not Adopted

Roll Call Votes

Senate: Senate rejected Governor's recommendation (18-Y 22-N)
4/12/2023
18
Yea
22
Nay
0
Not Voting
0
Absent
Result: FAILED
Senate: Conference report agreed to by Senate (38-Y 2-N)
2/25/2023
38
Yea
2
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Adoption (66-Y 23-N)
2/25/2023
66
Yea
23
Nay
0
Not Voting
11
Absent
Result: PASSED
Senate: House substitute rejected by Senate (2-Y 38-N)
2/23/2023
2
Yea
38
Nay
0
Not Voting
0
Absent
Result: FAILED
Senate: Senate acceded to request (38-Y 0-N)
2/23/2023
38
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
House: VOTE: Passage (53-Y 41-N)
2/23/2023
53
Yea
41
Nay
0
Not Voting
6
Absent
Result: PASSED
House: Reported from Courts of Justice with substitute (13-Y 7-N)
2/20/2023
13
Yea
7
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with substitute (5-Y 3-N)
2/15/2023
5
Yea
3
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Read third time and passed Senate (27-Y 12-N)
2/6/2023
27
Yea
12
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/2/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations with substitute (12-Y 2-N 2-A)
2/1/2023
12
Yea
2
Nay
2
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Rules with substitute (13-Y 4-N)
1/27/2023
13
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(5/12/2023)
Chamber
Senate
Sine DiePrior Session

Sponsors

Democrat: 1
Republican: 1

Co-Sponsors (1)

Documents

Chaptered
Bill Text5/12/202321.5 KB
Enrolled
Bill Text3/7/202321.5 KB
Conference Sub
Bill Text2/25/202321.7 KB
Comm Sub
Bill Text2/20/202314.3 KB
Comm Sub
Bill Text2/1/202318.5 KB
Comm Sub
Bill Text1/27/202318.5 KB
Prefiled
Bill Text1/11/202321.0 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/9/202381.9 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/28/202381.5 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/23/202363.2 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/2/202379.7 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/30/202380.6 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/17/202384.1 KB