Virginia
Probation and Parole in Virginia
Structured overview of Virginia probation, discretionary sentencing guidelines, limited parole, postrelease supervision, technical violations, restoration of rights, and interstate movement.
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Virginia at a glance
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1. Overview
Probation and parole are distinct forms of community supervision in Virginia. Virginia Department of Corrections community supervision includes probation, parole, and postrelease supervision.
Probation is imposed by the court. Parole remains available only in qualifying categories because Virginia generally abolished parole for felony offenses committed on or after January 1, 1995.
2. Sentencing Structure and Guidelines
Virginia uses discretionary sentencing guidelines in qualifying felony cases rather than a mandatory Florida-style punishment scoresheet.
The sentencing court remains responsible for the sentence imposed. Probation and suspended sentences are governed principally by Title 19.2, while parole and postrelease-supervision provisions appear in Title 53.1.
3. Supervised Probation Length
Under current Va. Code § 19.2-303, any period of supervised probation generally may not exceed 5 years from the defendant’s release from any active period of incarceration.
The five-year limit does not apply to the extent additional probation is necessary for participation in a court-ordered program or while the defendant remains subject to restitution-compliance review under the statute.
This is the general supervised-probation rule. Other Virginia statutes can use different periods for specific suspended-sentence or postrelease-supervision contexts.
4. Who Imposes and Supervises Probation?
Probation is imposed and legally controlled by the sentencing court. Virginia DOC probation and parole officers provide community supervision and reentry-related field services.
The court retains authority over probation conditions, modification, revocation, and lawful discharge.
5. Technical Probation Violations
Virginia law distinguishes specified technical violations from new convictions and other nontechnical violations.
Under § 19.2-306.1, the court may not impose active incarceration for a first technical violation. For a second technical violation, there is a presumption against active incarceration; if the court finds the person cannot safely be diverted through less restrictive means, it may impose no more than 14 days.
For a third or subsequent technical violation, the court may impose whatever sentence could otherwise be imposed under the revocation framework. Certain firearm and absconding-type technical violations are counted more severely under the statute.
6. Does Virginia Use Parole?
Yes, but parole is limited.
Under Va. Code § 53.1-165.1, a person incarcerated for a felony committed on or after January 1, 1995 generally is not eligible for parole on that offense.
Important statutory exceptions remain. They include certain jury-sentenced prisoners covered by the 2020 reforms, people serving qualifying juvenile-offense sentences after 20 years, and other categories specifically preserved by law.
7. 2026 Expansion for Certain Jury-Sentenced Prisoners
Virginia amended § 53.1-165.1 in 2026 to create another limited parole-eligibility category.
The new provision applies to certain people who were sentenced by a jury between June 9, 2000 and January 1, 2005 for a felony committed on or after January 1, 1995, remained incarcerated on July 1, 2026, and can prove that the jury was not instructed that parole had been abolished.
The statute excludes Class 1 felonies and specified sexual offenses against minors. Qualifying people who are otherwise parole-eligible are to receive parole consideration under the statutory process, with interviews scheduled by the applicable deadline.
8. Postrelease Supervision
Modern Virginia felony sentencing frequently involves postrelease supervision rather than traditional discretionary parole.
Postrelease supervision is distinct from ordinary court probation and from legacy or exception-based parole. Virginia DOC includes it within community supervision, and violation procedures depend on the governing sentence and statutory authority.
9. Who Administers Parole?
Virginia parole decisions are handled through the Virginia Parole Board under Title 53.1. DOC provides field supervision for people released to parole and other qualifying community-supervision statuses.
Parole conditions, arrest, revocation, and release procedures are governed by the applicable parole statutes and Board process.
10. Interstate Movement: ICAOS and ICOTS
Virginia participates in the Interstate Compact for Adult Offender Supervision (ICAOS). When the compact applies, qualifying probationers, parolees, and other covered supervisees generally may not simply relocate to another state without completing the transfer process.
Under ICAOS Rule 3.101, mandatory transfer generally requires more than 90 days or an indefinite supervision period remaining, substantial compliance, a valid supervision plan, and the applicable residency or resident-family/support criteria. Transfers are processed through ICOTS.
11. Completion and Early Termination of Probation
Probation ends when the lawful term expires or when the court lawfully modifies or terminates supervision earlier.
Because the general five-year limit contains statutory exceptions for certain programs and restitution-compliance review, the operative end date should be confirmed from the judgment and any subsequent court orders.
12. Restoration of Voting and Civil Rights
As of August 21, 2026, Virginia’s current restoration process remains Governor-controlled. A person convicted of a felony loses civil rights and may apply to the Governor for restoration through the Secretary of the Commonwealth after release from incarceration.
Virginia enacted legislation in 2026 that would automatically restore political rights upon release from incarceration, but that legislation is contingent on voter approval of a constitutional amendment at the November 3, 2026 election. If approved, the constitutional change is scheduled to take effect January 1, 2027.
Until that contingency is satisfied, the current Governor/Secretary of the Commonwealth restoration process remains the operative process.
13. Pardons and Clemency
Virginia’s Governor holds executive clemency authority. Pardons and restoration of civil rights are separate processes, and restoration of civil rights does not itself restore firearm rights.
14. Key Points in Virginia
15. Find Services in Virginia
Use OACRA's Virginia directories to find community resources relevant to supervision, reentry, and stability. Directory inclusion does not mean a provider is court-approved or accepted for a particular supervision condition.
Serve Virginia communities through OACRA
OACRA works with service providers and institutional partners that want to improve access to probation, reentry, and community-resource information while preserving the public, educational purpose of this guide.
Organizations offering housing, employment, treatment, community service, or financial-support resources can request inclusion in the appropriate Virginia directory.
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