Virginia Code

Va. Code Ann. § 53.1-165 (2026)

Revocation of parole; hearing; procedure for parolee in another state; appointment of attorney

✓ current as of May 2026

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A. Whenever any parolee is arrested and recommitted as provided herein, a preliminary hearing to determine probable cause that such parolee has violated one or more of the terms or conditions upon which he was released on parole shall be held by any hearing officer who has been designated as such by the Director of the Department to conduct such hearings. However, if a nolle prosequi is to be entered in a case where a parole violation is alleged, no preliminary hearing shall be required.

Upon request of the hearing officer, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of such jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in any proceedings held before him. Each attorney so appointed shall be available to serve upon request of the hearing officer. The term of each attorney's appointment shall continue until such time as a successor may be appointed. A hearing officer shall be authorized to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers and other documents before him and to administer oaths and to take testimony thereunder.

Upon a finding of probable cause by the hearing officer, the Board or its authorized representative shall conduct a hearing, consider the case and act with reference thereto within a reasonable time thereafter. Upon request of the Board, the attorney for the Commonwealth of the jurisdiction within which such hearings are to be held shall request the circuit court of that jurisdiction to appoint one or more discreet attorneys-at-law to represent parolees in proceedings held or to be held before the Board. Each attorney shall be available to serve upon request of the Board. The term of each attorney's appointment shall continue until such time as a successor may be appointed. The Board, in its discretion, may revoke the parole and order the reincarceration of the prisoner for the unserved portion of the term of imprisonment originally imposed upon him, or it may reinstate the parole either upon such terms and conditions as were originally prescribed, or as may be prescribed in addition thereto or in lieu thereof. When a parole violation is based on a new felony conviction for which the individual has been sentenced to two or more years, excluding any time of said sentence which has been suspended, any individual Board member, so authorized by the Board, may after such hearing revoke the individual's parole as otherwise provided herein.

Upon revocation of parole for any felony offense, the Board or its authorized representative shall order that the Department of Corrections take fingerprints and a photograph of the person for each offense and transmit such information to the Central Criminal Records Exchange pursuant to subsection D of § 19.2-390.

B. In cases in which a parolee is in another state, any hearing officer who has been designated as such by the Director of the Department may be sent to that state to conduct a preliminary hearing to determine probable cause that the parolee has violated one or more of the terms and conditions upon which he was released upon parole.

C. Any attorney-at-law appointed pursuant to this section shall be paid as directed by the court making the appointment, from funds appropriated for court costs and expenses, reasonable compensation on an hourly basis and necessary expenses, based upon a report to be furnished to it by such attorney. In the event an attorney-at-law is appointed in another state, he shall be paid out of funds appropriated to the Department.

Code 1950, § 53-262; 1970, c. 648; 1975, c. 292; 1979, cc. 700, 703; 1982, c. 636; 1985, c. 174; 1986, c. 433; 2000, c. 767; 2019, cc. 782, 783; 2025, c. 716.

Notes of Decisions

Cited in 13 cases (6 in the last 5 years), 1996–2026 · leading case: Woodley v. Departmentt of Corr., 74 F. Supp. 2d 623 (E.D. Va. 1999).

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Woodley v. Departmentt of Corr., 74 F. Supp. 2d 623 (E.D. Va. 1999). · cites it 5× “” Va Code § 53.1-165. Petitioner’s liberty interest in remaining free from serving the unserved portion of this term of confinement is certainly no greater than his liberty interest in retaining GCA while in prison or his liberty interest in remaining on parole.”

Douglas Warren v. Alton Baskerville, 233 F.3d 204 (4th Cir. 2000). · cites it 2× “” Va. Code Ann. § 53.1-165 (Michie Supp.2000).”

Malvo v. State, 481 Md. 72 (Md. 2022). · cites it 2× “See Va. Code Ann. § 53.1-165 .1E (2020). As the twenty-year anniversary of the Beltway Sniper attacks approaches, Petitioner has chosen to challenge the validity of his Maryland sentences.”

Brown-El v. Virginia Parole Bd., 948 F. Supp. 558 (E.D. Va. 1996). · cites it 4× “Later, when petitioner violated Ms parole, the VPB, pursuant to Virgina Code § 53.1-165, exercised its discretion to revoke petitioner’s parole and order him incarcerated for the unserved portion of the original term of imprisonment.”

Brown v. Brown (E.D. Va. 2020). · cites it 7× “The Fourth Circuit has explicitly rejected the ex post facto challenge petitioner presents, holding that the VPB possessed the authority to revoke good-time credits under Virginia Code § 53.1-165 before the 1994 amendments to Virginia Code § 53.”

Kevin Jeron Bland v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 6× “2 and § 53.1-165.” The court also directed Bland to comply with the Parole Board’s rules and requirements.”

White v. Dir., Virginia Dep't of Corr., 105 F. Supp. 2d 515 (W.D. Va. 2000). · cites it 10× “Va.Code Ann. § 53.1-165, subd. A provides that for persons violating parole The Board, in its discretion, may revoke the parole and order the reincarceration of the prisoner for the unserved portion of the term of imprisonment originally imposed upon him, or it may reinstate the…”

Kevin Jeron Bland v. Commonwealth of Virginia (Va. Ct. App. 2026). · cites it 3× “2 and § 53.1-165.” The court also directed Bland to comply with the Parole Board’s rules and requirements.”

Malvo v. State (Md. 2022). · cites it 2× “See Va. Code Ann. § 53.1-165 .1E (2020). As the twenty-year anniversary of the Beltway Sniper attacks approaches, Petitioner has chosen to challenge the validity of his Maryland sentences.”

Schoonover v. Clarke (W.D. Va. 2019). · cites it 2× “Va. Code Ann. § 53.1-165 (allowing for discretionary appointment of counsel in revocation proceedings); 18 U.”

Mills v. U.S. Dep't Of Just. (E.D. Va. 2025). · cites it 2× “See Va. Code Ann. § 53.1-165 .1” but that “legislation did not disrupt the availability of discretionary parole for persons who committed crimes prior to 1995.”

Show all 13 citing cases →

— Va. Code Ann. § 53.1-165(A) — 1 case

Brown v. Brown (E.D. Va. 2020). “The Fourth Circuit has explicitly rejected the ex post facto challenge petitioner presents, holding that the VPB possessed the authority to revoke good-time credits under Virginia Code § 53.1-165 before the 1994 amendments to Virginia Code § 53.”

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