VIRGINIA PAROLE BOARD

1. VIRGINIA PAROLE BOARD 6900 Atmore Drive Richmond, VA 23225 (804)674-8031

2. 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.

3. VIRGINIA PAROLE BOARD http://www.youtube.com/watch?v=KtwXlIwozog

4. PRIMARY DUTIES • Discretionary Parole • Geriatric Release • Pardons/Clemencies • Revocations • Three-time Loser Appeals

5. DISCRETIONARY 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.

6. DISCRETIONARY PAROLE 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.

7. Parole 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

8. DISCRETIONARY PAROLE 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

9. DISCRETIONARY PAROLE 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

10. DISCRETIONARY PAROLE 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

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

12. DISCRETIONARY PAROLE 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

13. GERIATRIC 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.

14. 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

15. PARDONS/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

16. REVOCATIONS 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

17. 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

18. What 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

19. 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

20. 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

21. GOVERNOR’S INITIATIVES Special emphasis on geriatrics Most expensive to house Propose review of all geriatrics, not just those who petition