{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/53.1-40.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/53.1-40.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/53.1-40.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/53.1-40.02.html"}],"law_id":367750,"edition_id":2,"section_id":367750,"structure_id":52421,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","history":"2020, Sp. Sess. I, cc. 33, 52.","full_text":"A\n\nAs used in this section, “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.\n\nB\n\nAny person serving a sentence imposed upon a conviction for a felony offense, except as provided in subsection C, who is terminally ill may petition the Parole Board for conditional release.\n\nC\n\nA person who is terminally ill and is serving a sentence imposed upon a conviction for one of the following offenses shall not be eligible to petition the Parole Board for conditional release:\n\n1\n\nA Class 1 felony;\n\n2\n\nAny violation of § 18.2-32, 18.2-32.1, 18.2-32.2, or 18.2-33;\n\n3\n\nAny violation of § 18.2-40 or 18.2-45;\n\n4\n\nAny violation of § 18.2-46.5, subsection A or B of § 18.2-46.6, or § 18.2-46.7;\n\n5\n\nAny kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2, except for a violation of § 18.2-49.1;\n\n6\n\nAny malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2, any violation of § 18.2-51.7, 18.2-54.1, or 18.2-54.2, or any felony violation of § 18.2-57.2;\n\n7\n\nAny felony violation of § 18.2-60.3;\n\n8\n\nAny felony violation of § 16.1-253.2 or 18.2-60.4;\n\n9\n\nRobbery under § 18.2-58 or carjacking under § 18.2-58.1;\n\n10\n\nCriminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, except, when not committed against a minor, a violation of subdivision A 5 of § 18.2-67.3, § 18.2-67.4:1, subsection B of § 18.2-67.5, or § 18.2-67.5:1;\n\n11\n\nAny violation of § 18.2-90 or 18.2-93;\n\n12\n\nAny violation of § 18.2-289 or subsection A of § 18.2-300;\n\n13\n\nAny felony offense in Article 3 (§ 18.2-346 et seq.) of Chapter 8 of Title 18.2 involving a minor victim;\n\n14\n\nAny felony offense in Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2 involving a minor victim, except for a violation of § 18.2-362 or 18.2-370.5 or subsection B of § 18.2-371.1;\n\n15\n\nAny felony offense in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2 involving a minor victim, except for a violation of subsection A of § 18.2-374.1:1;\n\n16\n\nAny violation of § 18.2-481, 40.1-100.2, or 40.1-103; or\n\n17\n\nA second or subsequent felony violation of the following offenses when such offenses were not part of a common act, transaction, or scheme and such person has been at liberty as defined in § 53.1-151 between each conviction:\n\t\t\t\ta. Voluntary or involuntary manslaughter under Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2 or any crime punishable as such;\n\n\t\t\t\tb. Any violation of § 18.2-41 or 18.2-42.1;\n\n\t\t\t\tc. Any violation of subsection C of § 18.2-46.6;\n\n\t\t\t\td. Any violation when done unlawfully but not maliciously of § 18.2-51 or 18.2-51.1;\n\n\t\t\t\te. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony violation of § 18.2-79;\n\n\t\t\t\tf. Any violation of § 18.2-89 with the intent to commit any larceny or § 18.2-92;\n\n\t\t\t\tg. Any violation of subsection A of § 18.2-374.1:1;\n\n\t\t\t\th. Any violation of § 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; or\n\n\t\t\t\ti. Any violation of subdivision E 2 of § 40.1-29.\n\nD\n\nThe Parole Board shall promulgate regulations to implement the provisions of this section.\n\n","order_by":null,"text":{"0":{"id":1368912,"text":"As used in this section, “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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1368913,"text":"Any person serving a sentence imposed upon a conviction for a felony offense, except as provided in subsection C, who is terminally ill may petition the Parole Board for conditional release.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1368914,"text":"A person who is terminally ill and is serving a sentence imposed upon a conviction for one of the following offenses shall not be eligible to petition the Parole Board for conditional release:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":1368915,"text":"A Class 1 felony;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":1368916,"text":"Any violation of § 18.2-32, 18.2-32.1, 18.2-32.2, or 18.2-33;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":1368917,"text":"Any violation of § 18.2-40 or 18.2-45;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":1368918,"text":"Any violation of § 18.2-46.5, subsection A or B of § 18.2-46.6, or § 18.2-46.7;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":1368919,"text":"Any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2, except for a violation of § 18.2-49.1;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":1368920,"text":"Any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2, any violation of § 18.2-51.7, 18.2-54.1, or 18.2-54.2, or any felony violation of § 18.2-57.2;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":1368921,"text":"Any felony violation of § 18.2-60.3;","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"10":{"id":1368922,"text":"Any felony violation of § 16.1-253.2 or 18.2-60.4;","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"11":{"id":1368923,"text":"Robbery under § 18.2-58 or carjacking under § 18.2-58.1;","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8","next_prefix":"C10"},"12":{"id":1368924,"text":"Criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, except, when not committed against a minor, a violation of subdivision A 5 of § 18.2-67.3, § 18.2-67.4:1, subsection B of § 18.2-67.5, or § 18.2-67.5:1;","type":"section","prefixes":["C","10"],"prefix":"10","entire_prefix":"C10","prefix_anchor":"C10","level":2,"prior_prefix":"C9","next_prefix":"C11"},"13":{"id":1368925,"text":"Any violation of § 18.2-90 or 18.2-93;","type":"section","prefixes":["C","11"],"prefix":"11","entire_prefix":"C11","prefix_anchor":"C11","level":2,"prior_prefix":"C10","next_prefix":"C12"},"14":{"id":1368926,"text":"Any violation of § 18.2-289 or subsection A of § 18.2-300;","type":"section","prefixes":["C","12"],"prefix":"12","entire_prefix":"C12","prefix_anchor":"C12","level":2,"prior_prefix":"C11","next_prefix":"C13"},"15":{"id":1368927,"text":"Any felony offense in Article 3 (§ 18.2-346 et seq.) of Chapter 8 of Title 18.2 involving a minor victim;","type":"section","prefixes":["C","13"],"prefix":"13","entire_prefix":"C13","prefix_anchor":"C13","level":2,"prior_prefix":"C12","next_prefix":"C14"},"16":{"id":1368928,"text":"Any felony offense in Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2 involving a minor victim, except for a violation of § 18.2-362 or 18.2-370.5 or subsection B of § 18.2-371.1;","type":"section","prefixes":["C","14"],"prefix":"14","entire_prefix":"C14","prefix_anchor":"C14","level":2,"prior_prefix":"C13","next_prefix":"C15"},"17":{"id":1368929,"text":"Any felony offense in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2 involving a minor victim, except for a violation of subsection A of § 18.2-374.1:1;","type":"section","prefixes":["C","15"],"prefix":"15","entire_prefix":"C15","prefix_anchor":"C15","level":2,"prior_prefix":"C14","next_prefix":"C16"},"18":{"id":1368930,"text":"Any violation of § 18.2-481, 40.1-100.2, or 40.1-103; or","type":"section","prefixes":["C","16"],"prefix":"16","entire_prefix":"C16","prefix_anchor":"C16","level":2,"prior_prefix":"C15","next_prefix":"C17"},"19":{"id":1368931,"text":"A second or subsequent felony violation of the following offenses when such offenses were not part of a common act, transaction, or scheme and such person has been at liberty as defined in § 53.1-151 between each conviction:\n\t\t\t\ta. Voluntary or involuntary manslaughter under Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2 or any crime punishable as such;\t\t\t\tb. Any violation of § 18.2-41 or 18.2-42.1;\t\t\t\tc. Any violation of subsection C of § 18.2-46.6;\t\t\t\td. Any violation when done unlawfully but not maliciously of § 18.2-51 or 18.2-51.1;\t\t\t\te. Arson in violation of § 18.2-77 when the structure burned was occupied or a Class 3 felony violation of § 18.2-79;\t\t\t\tf. Any violation of § 18.2-89 with the intent to commit any larceny or § 18.2-92;\t\t\t\tg. Any violation of subsection A of § 18.2-374.1:1;\t\t\t\th. Any violation of § 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; or\t\t\t\ti. Any violation of subdivision E 2 of § 40.1-29.","type":"section","prefixes":["C","17"],"prefix":"17","entire_prefix":"C17","prefix_anchor":"C17","level":2,"prior_prefix":"C16","next_prefix":"D"},"20":{"id":1368932,"text":"The Parole Board shall promulgate regulations to implement the provisions of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C17"}},"ancestry":[{"id":52421,"edition_id":2,"name":"Treatment and Privileges of Prisoners","identifier":"2","label":"article","depth":3,"order_by":2,"parent_id":52400,"metadata":{"child_laws":20,"child_structures":0},"date_created":"2026-08-02 02:58:35","date_modified":"2026-08-02 12:34:45","permalink":{"id":1464955,"object_type":"structure","relational_id":52421,"identifier":"2","token":"53.1\/2\/2","url":"\/53.1\/2\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52400,"edition_id":2,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":2,"parent_id":52379,"metadata":{"child_laws":99,"child_structures":11},"date_created":"2026-08-02 02:58:25","date_modified":"2026-08-02 12:34:45","permalink":{"id":1464863,"object_type":"structure","relational_id":52400,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52379,"edition_id":2,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":117,"parent_id":null,"metadata":{"child_laws":402,"child_structures":56},"date_created":"2026-08-02 02:58:08","date_modified":"2026-08-02 12:34:44","permalink":{"id":1464593,"object_type":"structure","relational_id":52379,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":367734,"structure_id":52421,"section_number":"53.1-32","catch_line":"Treatment and control of prisoners; recreation; religious services","url":"\/53.1-32\/","token":"53.1\/2\/2\/53.1-32","metadata":false},{"id":367731,"structure_id":52421,"section_number":"53.1-32.01","catch_line":"Payment for bodily injury","url":"\/53.1-32.01\/","token":"53.1\/2\/2\/53.1-32.01","metadata":false},{"id":367732,"structure_id":52421,"section_number":"53.1-32.1","catch_line":"Classification system; program assignments; mandatory participation","url":"\/53.1-32.1\/","token":"53.1\/2\/2\/53.1-32.1","metadata":false},{"id":367733,"structure_id":52421,"section_number":"53.1-32.2","catch_line":"Reentry planning","url":"\/53.1-32.2\/","token":"53.1\/2\/2\/53.1-32.2","metadata":false},{"id":367736,"structure_id":52421,"section_number":"53.1-33","catch_line":"Physical examination of prisoner; ability to work","url":"\/53.1-33\/","token":"53.1\/2\/2\/53.1-33","metadata":false},{"id":367735,"structure_id":52421,"section_number":"53.1-33.1","catch_line":"Mandatory testing for human immunodeficiency virus","url":"\/53.1-33.1\/","token":"53.1\/2\/2\/53.1-33.1","metadata":false},{"id":367737,"structure_id":52421,"section_number":"53.1-34","catch_line":"Treatment of prisoner with contagious disease","url":"\/53.1-34\/","token":"53.1\/2\/2\/53.1-34","metadata":false},{"id":367740,"structure_id":52421,"section_number":"53.1-35","catch_line":"Correspondence privileges; receipt of publications","url":"\/53.1-35\/","token":"53.1\/2\/2\/53.1-35","metadata":false},{"id":367738,"structure_id":52421,"section_number":"53.1-35.1","catch_line":"Electronic visitation and messaging with inmates","url":"\/53.1-35.1\/","token":"53.1\/2\/2\/53.1-35.1","metadata":false},{"id":367739,"structure_id":52421,"section_number":"53.1-35.2","catch_line":"Visitation of certain prisoners by minor dependents","url":"\/53.1-35.2\/","token":"53.1\/2\/2\/53.1-35.2","metadata":false},{"id":367741,"structure_id":52421,"section_number":"53.1-36","catch_line":"Prisoners may assist in medical research programs","url":"\/53.1-36\/","token":"53.1\/2\/2\/53.1-36","metadata":false},{"id":367742,"structure_id":52421,"section_number":"53.1-37","catch_line":"Furloughs generally; travel expenses; penalties for violations","url":"\/53.1-37\/","token":"53.1\/2\/2\/53.1-37","metadata":false},{"id":367743,"structure_id":52421,"section_number":"53.1-38","catch_line":"When ineligible for furloughs","url":"\/53.1-38\/","token":"53.1\/2\/2\/53.1-38","metadata":false},{"id":367747,"structure_id":52421,"section_number":"53.1-39","catch_line":"Certain punishment of prisoners prohibited","url":"\/53.1-39\/","token":"53.1\/2\/2\/53.1-39","metadata":false},{"id":367744,"structure_id":52421,"section_number":"53.1-39.1","catch_line":"Restrictive housing; data collection and reporting; report","url":"\/53.1-39.1\/","token":"53.1\/2\/2\/53.1-39.1","metadata":false},{"id":367745,"structure_id":52421,"section_number":"53.1-39.2","catch_line":"Restorative housing; restrictions on use","url":"\/53.1-39.2\/","token":"53.1\/2\/2\/53.1-39.2","metadata":false},{"id":367746,"structure_id":52421,"section_number":"53.1-39.3","catch_line":"Use of canines in state correctional facilities; prohibited acts; policies and regulations made public; incidents of use of canines reported; exception","url":"\/53.1-39.3\/","token":"53.1\/2\/2\/53.1-39.3","metadata":false},{"id":367767,"structure_id":52421,"section_number":"53.1-40","catch_line":"Appointment of counsel for indigent prisoners","url":"\/53.1-40\/","token":"53.1\/2\/2\/53.1-40","metadata":false},{"id":367749,"structure_id":52421,"section_number":"53.1-40.01","catch_line":"Conditional release of geriatric prisoners","url":"\/53.1-40.01\/","token":"53.1\/2\/2\/53.1-40.01","metadata":false},{"id":367750,"structure_id":52421,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","url":"\/53.1-40.02\/","token":"53.1\/2\/2\/53.1-40.02","metadata":false}],"previous_section":{"id":367749,"structure_id":52421,"section_number":"53.1-40.01","catch_line":"Conditional release of geriatric prisoners","url":"\/53.1-40.01\/","token":"53.1\/2\/2\/53.1-40.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.02\/","history_text":false,"references":[{"id":350248,"section_number":"18.2-10","catch_line":"Punishment for conviction of felony; 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penalty; prima facie evidence of intent","order_by":null,"url":"\/18.2-423.1\/"},{"id":350940,"section_number":"18.2-423.2","catch_line":"Displaying noose on property of another or a highway or other public place with intent to intimidate; penalty","order_by":null,"url":"\/18.2-423.2\/"},{"id":350955,"section_number":"18.2-433.2","catch_line":"Paramilitary activity prohibited; penalty","order_by":null,"url":"\/18.2-433.2\/"},{"id":350977,"section_number":"18.2-45","catch_line":"Persons suffering death from mob attempting to lynch another person","order_by":null,"url":"\/18.2-45\/"},{"id":350996,"section_number":"18.2-46.5","catch_line":"Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty","order_by":null,"url":"\/18.2-46.5\/"},{"id":350997,"section_number":"18.2-46.6","catch_line":"Possession, manufacture, distribution, etc., of weapon of terrorism or hoax device prohibited; penalty","order_by":null,"url":"\/18.2-46.6\/"},{"id":350998,"section_number":"18.2-46.7","catch_line":"Act of bioterrorism against agricultural crops or animals; penalty","order_by":null,"url":"\/18.2-46.7\/"},{"id":351017,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":351041,"section_number":"18.2-481","catch_line":"Treason defined; how proved and punished","order_by":null,"url":"\/18.2-481\/"},{"id":351051,"section_number":"18.2-49.1","catch_line":"Violation of court order regarding custody and visitation; penalty","order_by":null,"url":"\/18.2-49.1\/"},{"id":351093,"section_number":"18.2-51","catch_line":"Shooting, stabbing, etc., with intent to maim, kill, etc","order_by":null,"url":"\/18.2-51\/"},{"id":351086,"section_number":"18.2-51.1","catch_line":"Malicious bodily injury to law-enforcement officers, firefighters, search and rescue personnel, or emergency medical services personnel; penalty; lesser-included offense","order_by":null,"url":"\/18.2-51.1\/"},{"id":351092,"section_number":"18.2-51.7","catch_line":"Female genital mutilation; penalty","order_by":null,"url":"\/18.2-51.7\/"},{"id":351108,"section_number":"18.2-54.1","catch_line":"Attempts to poison","order_by":null,"url":"\/18.2-54.1\/"},{"id":351109,"section_number":"18.2-54.2","catch_line":"Adulteration of food, drink, drugs, cosmetics, etc.; penalty","order_by":null,"url":"\/18.2-54.2\/"},{"id":351119,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":351125,"section_number":"18.2-58","catch_line":"Robbery; penalties","order_by":null,"url":"\/18.2-58\/"},{"id":351124,"section_number":"18.2-58.1","catch_line":"Carjacking; penalty","order_by":null,"url":"\/18.2-58.1\/"},{"id":351131,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":351132,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":351136,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":351150,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":351152,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","order_by":null,"url":"\/18.2-67.4_1\/"},{"id":351154,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":351155,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","order_by":null,"url":"\/18.2-67.5_1\/"},{"id":351178,"section_number":"18.2-77","catch_line":"Burning or destroying dwelling house, etc","order_by":null,"url":"\/18.2-77\/"},{"id":351180,"section_number":"18.2-79","catch_line":"Burning or destroying meeting house, etc","order_by":null,"url":"\/18.2-79\/"},{"id":351192,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":351194,"section_number":"18.2-90","catch_line":"Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty","order_by":null,"url":"\/18.2-90\/"},{"id":351196,"section_number":"18.2-92","catch_line":"Breaking and entering dwelling house with intent to commit other misdemeanor","order_by":null,"url":"\/18.2-92\/"},{"id":351197,"section_number":"18.2-93","catch_line":"Entering bank, armed, with intent to commit larceny","order_by":null,"url":"\/18.2-93\/"},{"id":363290,"section_number":"40.1-100.2","catch_line":"Employment involving sexually explicit visual material prohibited","order_by":null,"url":"\/40.1-100.2\/"},{"id":363294,"section_number":"40.1-103","catch_line":"Cruelty and injuries to children; penalty; abandoned infant","order_by":null,"url":"\/40.1-103\/"},{"id":363358,"section_number":"40.1-29","catch_line":"Time and medium of payment; withholding wages; written statement of earnings; agreement for forfeiture of wages; proceedings to enforce compliance; penalties","order_by":null,"url":"\/40.1-29\/"},{"id":367592,"section_number":"53.1-151","catch_line":"Eligibility for parole","order_by":null,"url":"\/53.1-151\/"}],"permalink":{"id":1465033,"object_type":"law","relational_id":367750,"identifier":"53.1-40.02","token":"53.1\/2\/2\/53.1-40.02","url":"\/53.1-40.02\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/53.1-40.02\/","token":"53.1\/2\/2\/53.1-40.02","dublin_core":{"Title":"Conditional release of terminally ill prisoners","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “terminally ill<\/span>” 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person serving a sentence imposed upon a conviction<\/span> for a felony<\/span> offense<\/span>, except as provided in subsection C, who is terminally ill<\/span> may petition<\/span> the Parole<\/span> Board<\/span> for conditional release. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person who is terminally ill<\/span> and is serving a sentence imposed upon a conviction<\/span> for one of the following offenses<\/span> shall not be eligible to petition<\/span> the Parole<\/span> Board<\/span> for conditional release: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A Class 1 felony<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any violation of § 18.2-32<\/a>, 18.2-32.1<\/a>, 18.2-32.2<\/a>, or 18.2-33<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any violation of § 18.2-40<\/a> or 18.2-45<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any violation of § 18.2-46.5<\/a>, subsection A or B of § 18.2-46.6<\/a>, or § 18.2-46.7<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any kidnapping or abduction felony<\/span> under Article 3 (§ 18.2-47<\/a> et seq.) of Chapter 4 of Title 18.2, except for a violation of § 18.2-49.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any malicious<\/span> felonious assault<\/span> or malicious<\/span> bodily wounding under Article 4 (§ 18.2-51<\/a> et seq.) of Chapter 4 of Title 18.2, any violation of § 18.2-51.7<\/a>, 18.2-54.1<\/a>, or 18.2-54.2<\/a>, or any felony<\/span> violation of § 18.2-57.2<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any felony<\/span> violation of § 18.2-60.3<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any felony<\/span> violation of § 16.1-253.2<\/a> or 18.2-60.4<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Robbery<\/span> under § 18.2-58<\/a> or carjacking under § 18.2-58.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Criminal sexual assault<\/span> punishable as a felony<\/span> under Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2, except, when not committed against a minor<\/span>, a violation of subdivision A 5 of § 18.2-67.3<\/a>, § 18.2-67.4:1<\/a>, subsection B of § 18.2-67.5<\/a>, or § 18.2-67.5:1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Any violation of § 18.2-90<\/a> or 18.2-93<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Any violation of § 18.2-289<\/a> or subsection A of § 18.2-300<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Any felony<\/span> offense<\/span> in Article 3 (§ 18.2-346<\/a> et seq.) of Chapter 8 of Title 18.2 involving a minor<\/span> victim; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Any felony<\/span> offense<\/span> in Article 4 (§ 18.2-362<\/a> et seq.) of Chapter 8 of Title 18.2 involving a minor<\/span> victim, except for a violation of § 18.2-362<\/a> or 18.2-370.5<\/a> or subsection B of § 18.2-371.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Any felony<\/span> offense<\/span> in Article 5 (§ 18.2-372<\/a> et seq.) of Chapter 8 of Title 18.2 involving a minor<\/span> victim, except for a violation of subsection A of § 18.2-374.1:1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Any violation of § 18.2-481<\/a>, 40.1-100.2<\/a>, or 40.1-103<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> A second or subsequent felony<\/span> violation of the following offenses<\/span> when such offenses<\/span> were not part of a common act, transaction, or scheme and such person has been at liberty as defined in § 53.1-151<\/a> between each conviction<\/span>:\n\t\t\t\ta. Voluntary or involuntary manslaughter<\/span> under Article 1 (§ 18.2-30<\/a> et seq.) of Chapter 4 of Title 18.2 or any crime<\/span> punishable as such;

\t\t\t\tb. Any violation of § 18.2-41<\/a> or 18.2-42.1<\/a>;

\t\t\t\tc. Any violation of subsection C of § 18.2-46.6<\/a>;

\t\t\t\td. Any violation when done unlawfully but not maliciously of § 18.2-51<\/a> or 18.2-51.1<\/a>;

\t\t\t\te. Arson<\/span> in violation of § 18.2-77<\/a> when the structure burned was occupied or a Class 3 felony<\/span> violation of § 18.2-79<\/a>;

\t\t\t\tf. Any violation of § 18.2-89<\/a> with the intent<\/span> to commit any larceny<\/span> or § 18.2-92<\/a>;

\t\t\t\tg. Any violation of subsection A of § 18.2-374.1:1<\/a>;

\t\t\t\th. Any violation of § 18.2-423<\/a>, 18.2-423.01<\/a>, 18.2-423.1<\/a>, 18.2-423.2<\/a>, or 18.2-433.2<\/a>; or

\t\t\t\ti. Any violation of subdivision E 2 of § 40.1-29<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Parole<\/span> Board<\/span> shall promulgate regulations to implement the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDITIONAL RELEASE OF TERMINALLY ILL PRISONERS (\u00a7 53.1-40.02)\n\nA. As used in this section, “terminally ill” means having a chronic\nor progressive medical condition caused by injury, disease, or illness where the\nmedical prognosis is the person’s death within 12 months.\n\nB. Any person serving a sentence imposed upon a conviction for a felony offense,\nexcept as provided in subsection C, who is terminally ill may petition the\nParole Board for conditional release.\n\nC. A person who is terminally ill and is serving a sentence imposed upon a\nconviction for one of the following offenses shall not be eligible to petition\nthe Parole Board for conditional release:\n\n 1. A Class 1 felony;\n\n 2. Any violation of § 18.2-32, 18.2-32.1, 18.2-32.2, or 18.2-33;\n\n 3. Any violation of § 18.2-40 or 18.2-45;\n\n 4. Any violation of § 18.2-46.5, subsection A or B of § 18.2-46.6,\n or § 18.2-46.7;\n\n 5. Any kidnapping or abduction felony under Article 3 (§ 18.2-47 et seq.)\n of Chapter 4 of Title 18.2, except for a violation of § 18.2-49.1;\n\n 6. Any malicious felonious assault or malicious bodily wounding under Article\n 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2, any violation of §\n 18.2-51.7, 18.2-54.1, or 18.2-54.2, or any felony violation of §\n 18.2-57.2;\n\n 7. Any felony violation of § 18.2-60.3;\n\n 8. Any felony violation of § 16.1-253.2 or 18.2-60.4;\n\n 9. Robbery under § 18.2-58 or carjacking under § 18.2-58.1;\n\n 10. Criminal sexual assault punishable as a felony under Article 7 (§\n 18.2-61 et seq.) of Chapter 4 of Title 18.2, except, when not committed\n against a minor, a violation of subdivision A 5 of § 18.2-67.3, §\n 18.2-67.4:1, subsection B of § 18.2-67.5, or § 18.2-67.5:1;\n\n 11. Any violation of § 18.2-90 or 18.2-93;\n\n 12. Any violation of § 18.2-289 or subsection A of § 18.2-300;\n\n 13. Any felony offense in Article 3 (§ 18.2-346 et seq.) of Chapter 8 of\n Title 18.2 involving a minor victim;\n\n 14. Any felony offense in Article 4 (§ 18.2-362 et seq.) of Chapter 8 of\n Title 18.2 involving a minor victim, except for a violation of § 18.2-362\n or 18.2-370.5 or subsection B of § 18.2-371.1;\n\n 15. Any felony offense in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of\n Title 18.2 involving a minor victim, except for a violation of subsection A of\n § 18.2-374.1:1;\n\n 16. Any violation of § 18.2-481, 40.1-100.2, or 40.1-103; or\n\n 17. A second or subsequent felony violation of the following offenses when\n such offenses were not part of a common act, transaction, or scheme and such\n person has been at liberty as defined in § 53.1-151 between each\n conviction:\n \t\t\t\ta. Voluntary or involuntary manslaughter under Article 1 (§ 18.2-30\n et seq.) of Chapter 4 of Title 18.2 or any crime punishable as such;\t\t\t\tb. Any\n violation of § 18.2-41 or 18.2-42.1;\t\t\t\tc. Any violation of subsection C\n of § 18.2-46.6;\t\t\t\td. Any violation when done unlawfully but not\n maliciously of § 18.2-51 or 18.2-51.1;\t\t\t\te. Arson in violation of §\n 18.2-77 when the structure burned was occupied or a Class 3 felony violation\n of § 18.2-79;\t\t\t\tf. Any violation of § 18.2-89 with the intent to\n commit any larceny or § 18.2-92;\t\t\t\tg. Any violation of subsection A of\n § 18.2-374.1:1;\t\t\t\th. Any violation of § 18.2-423, 18.2-423.01,\n 18.2-423.1, 18.2-423.2, or 18.2-433.2; or\t\t\t\ti. Any violation of subdivision E\n 2 of § 40.1-29.\n\nD. The Parole Board shall promulgate regulations to implement the provisions of\nthis section.\n\nHISTORY: 2020, Sp. Sess. I, cc. 33, 52.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}