Va. Code » Title 53.1. Prisons and Other Methods of Correction » Chapter 4. Probation and Parole » Article 5. Virginia Model Interstate Parole and Probation Hearings Act
Virginia Code

Va. Code Ann. § 53.1-168 (2026)

Procedure when reincarceration of out-of-state parolee or probationer should be considered

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When supervision of a parolee or probationer is being administered by this Commonwealth pursuant to Article 4 (§ 53.1-166 et seq.) of this chapter and such parolee or probationer is arrested pursuant to the provisions of § 53.1-162 or upon a warrant issued by the state where he was paroled or placed on probation and charged with violation of the terms or conditions of parole or probation, a preliminary hearing at or near the site of the alleged violation may be held in accordance with this article. The purpose of such hearing shall be to determine whether there is probable cause to believe that the parolee or probationer has committed a violation of a condition of parole or probation.

Code 1950, § 53-290.1; 1975, c. 39; 1977, c. 106; 1978, c. 341; 1982, c. 636.

Notes of Decisions
Cited in 2 cases, 1988–2009 · leading case: Scott v. Commonwealth, 676 S.E.2d 343 (Va. Ct. App. 2009).
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Scott v. Commonwealth, 676 S.E.2d 343 (Va. Ct. App. 2009). · cites it 7× “Virginia Code § 53.1-168 provides that when an out-of-state offender is being supervised in Virginia and is charged with violation of the terms or conditions of probation, *151 “a preliminary hearing at or near the site of the alleged violation may be held in accordance with…”
Emineth v. Johnson, 13 Va. Cir. 340 (Va. Cir. Ct. 1988). · cites it 3× “" Section 53.1-168. Given the precatory nature of this language and the holding of Howie v.”
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