Va. Code » Title 53.1. Prisons and Other Methods of Correction » Chapter 2. State Correctional Facilities » Article 2. Treatment and Privileges of Prisoners
Virginia Code

Va. Code Ann. § 53.1-40.01 (2026)

Conditional release of geriatric prisoners

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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 or older and who has served at least five years of the sentence imposed or (ii) who has reached the age of sixty or older and who has served at least ten years of the sentence imposed may petition the Parole Board for conditional release. The Parole Board shall promulgate regulations to implement the provisions of this section.

1994, 2nd Sp. Sess., cc. 1, 2; 2001, cc. 446, 487.

Notes of Decisions
Cited in 49 cases (17 in the last 5 years), 1997–2025 · leading case: Fishback v. Commonwealth, 532 S.E.2d 629 (Va. 2000).
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Fishback v. Commonwealth, 532 S.E.2d 629 (Va. 2000). · cites it 60× “1 and the exclusion of prisoners serving life sentences for class one felonies from being eligible for geriatric release pursuant to Code § 53.1-40.01 rendered a defendant convicted of capital murder parole-ineligible.”
Vasquez v. Commonwealth, 781 S.E.2d 920 (Va. 2016). · cites it 8× “3 The statute provides an age-based review according to normal parole considerations including the individual's personal, social and criminal history, his conduct in prison including engagement in rehabilitative and vocational programs, the sentence and type of offense, changes…”
Johnson, Raheem v. Commonwealth, 793 S.E.2d 326 (Va. 2016). · cites it 28× “01 when he turns 60 in 2053, in which case the possibility exists that Johnson’s sentence of life imprisonment will convert into a sentence of approximately forty years.”
Bell v. Commonwealth, 563 S.E.2d 695 (Va. 2002). · cites it 10× “Bell, nevertheless, argues that the circuit court had a duty to fashion an appropriate response to the jury’s question and suggests that such a response would have been that “a life sentence for Bell would permit no parole, no community supervision, no early release program, or…”
Yarbrough v. Commonwealth, 519 S.E.2d 602 (Va. 1999). · cites it 8× “Accordingly, while we recognize that the limitations placed upon the availability of parole by Code §§ 53.1-40.01 and 53.1-165.1 may call into question the continued viability of the Coward rule in a non-capital felony case, as where, for example, a defendant subject to a…”
Angel v. Com., 704 S.E.2d 386 (Va. 2011). · cites it 4× “The Commonwealth replies that Graham does not require the result advanced by Angel because Code § 53.1-40.01 provides for the conditional release of prisoners who have reached a certain age and served a certain length of imprisonment, thus complying with the Supreme Court's…”
Blount v. Clarke, 782 S.E.2d 152 (Va. 2016). · cites it 4× “2d 386 , 401-02 (2011), in holding that Code § 53.1-40.01, which permits inmates to apply for conditional release at age sixty, provides "an appropriate mechanism" for compliance with Graham .”
Virginia v. LeBlanc, 582 U.S. 91 (2017). “4 2016) (citing Va. Code Ann. § 53.1-40.01 ). Seven years after respondent was sentenced, this Court decided Graham v.”
Raheem Chabezz Johnson v. Commonwealth of Virginia, 755 S.E.2d 468 (Va. Ct. App. 2014). · cites it 6× “For defendants, such as appellant, who were under eighteen years of age at the time of the offense, Code § 18.”
Jordan v. Commonwealth, 809 S.E.2d 622 (Va. 2018). · cites it 2× “See Code § 53.1-40.01. We, therefore, find no abuse of discretion under these circumstances.”
State v. Shaffer, 77 So. 3d 939 (La. 2011). · cites it 2× “01, which state that any person sentenced for a felony offense, other than a Class 1 felony, who has served at least five years of his sentence and reached the age of 65 years, or has served at least 10 years of his sentence and reached the age of 60 years, may apply to the…”
Walker v. Commonwealth, 486 S.E.2d 126 (Va. Ct. App. 1997). · cites it 4× “2-311 (granting a discretionary exception for persons between the age of eighteen and twenty-one convicted of a felony not punishable as a Class 1 felony); Code § 53.1-40.01 (allowing petitions for parole from older prisoners convicted of a felony other than a Class 1 felony).”
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