Virginia HB 782: Geriatric, terminally ill, etc., prisoners; conditional release.

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2020 SESSION

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20102901D

HOUSE BILL NO. 782 

Offered January 8, 2020 

Prefiled January 7, 2020 

A BILL to amend and reenact � 53.1-40.01 of the Code of 
 Virginia, relating to conditional release of geriatric, terminally ill, or 
 permanently physically disabled prisoners. 
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Patron-- Mullin 

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Referred to Committee on Public Safety 

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Be it enacted by the General Assembly of Virginia:

1. That � 53.1-40.01 of the Code of Virginia is amended and 
 reenacted as follows:

� 53.1-40.01. Conditional release of geriatric, terminally 
 ill, or disabled prisoners.

A. As used in this section:

"Permanently physically 
 disabled" means having a chronic or progressive medical condition caused 
 by injury, disease, or illness that renders a person permanently and 
 irreversibly physically disabled.

"Terminally ill" 
 means having a chronic or progressive medical condition caused by injury, 
 disease, or illness where the medical prognosis is the person's death within 12 
 months.

B. 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 is 65 years of age or older 
 and who has served at least five years of the sentence imposed or, 
 (ii) who has reached the age of sixty is 60 years of age or older 
 and who has served at least ten 10 years of the sentence 
 imposed may petition, (iii) who is terminally ill, or (iv) who is 
 permanently physically disabled is eligible for consideration by 
 the Parole Board for conditional release. The Parole Board shall promulgate 
 regulations to implement the provisions of this section.