53.1-161 - Arrest and return of parolee or felon serving a period of postrelease supervision; warrant; release pending adjudication of violation. - Virginia Statutes

§ 53.1-161. Arrest and return of parolee or felon serving a period ofpostrelease supervision; warrant; release pending adjudication of violation.

The Chairman or any member of the Board may at any time upon information or ashowing of a violation or a probable violation by any parolee or felonserving a period of postrelease supervision of any of the terms or conditionsupon which he was released on parole or postrelease period of supervision,issue or cause to be issued, a warrant for the arrest and return of theparolee or felon serving a period of postrelease supervision to theinstitution from which he was paroled, or to any other correctional facilitywhich may be designated by the Chairman or member. However, a determinationof whether a parolee or felon serving a period of postrelease supervisionreturned to a correctional facility pursuant to this section shall bereturned to a state or local correctional facility shall be made based on thelength of the parolee's original sentence as set forth in § 53.1-20 or theperiod of postrelease supervision as set at sentencing. Each such warrantshall authorize all officers named therein to arrest and return the paroleeto actual custody in the facility from which he was paroled, or to any otherfacility designated by the Chairman or member.

In any case in which the parolee or felon serving a period of postreleasesupervision is charged with the violation of any law, the violation of whichcaused the issuance of such warrant, upon request of the parolee or hisattorney, the Chairman or member shall as soon as practicable consider allthe circumstances surrounding the allegations of such violation, includingthe probability of conviction thereof, and may, after such consideration,release the parolee, pending adjudication of the violation charged.

(Code 1950, § 53-258; 1970, c. 648; 1973, c. 253; 1976, c. 45; 1978, c. 227;1982, c. 636; 1990, cc. 676, 768; 2000, c. 767.)