CHAPTER 579

An Act to amend the Code of Virginia by adding sections numbered
19.1-295.1 through 19.1-295.6, to authorize commitment for a four-
year period, indeterminate in character, in certain cases; to provide
for commitment to the Department of Welfare and Institutions and
for release and parole in such cases; and to authorize commitment for
presentence diagnosis in certain cases. rH 99]

Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding sections numbered
19.1-295.1 through 19.1-295.6 as follows:

§ 19.1-295.1. (a) The judge or jury, as the case may be, when fixing
punishment in those cases specifically enumerated in subsection (b) of this
section, may, in their discretion, in lieu of imposing any other penalty
provided by law, commit persons convicted in such cases for a period of
four years, which commitment shall be indeterminate in character. Such
persons shall be committed to the Department of Welfare and Institutions
for initial confinement for a period not to exceed three years, when funds
and facilities are provided by the Genera] Assembly. Such confinement
shall be followed by at least one year of supervisory parole, conditioned on
good behavior, but such parole period shall not, in any case, continue
beyond the four-year period.

(b) The provisions of subsection (a) of this section shall be applicable
in those cases in which the person convicted:

(1) committed the offense of which convicted after becoming eighteen
but before becoming twenty-one years of age; or was a juvenile certified
for trial as an adult under the provisions of §§ 16.1-176 or 16.1-177; and

(2) was convicted of an offense which is either (i) a felony not
punishable by the mandatory death penalty, or (ii) a misdemeanor involv-
ing injury to a person or damage to or destruction of property, or (iii) a
misdemeanor involving moral turpitude which constitutes the third or
more numerous conviction for such person (in which case evidence of past
convictions shall be considered by the judge in determining if the provi-
sions of this section are applicable) ; and

(3) is considered by the judge or jury, as the case may be, to be
capable of returning to society as a productive citizen following a reason-
able amount of rehabilitation.

§ 19.1-295.2. Every person committed to the Department under
§ 19.1-295.1 shall be confined first at the institution established under the
provisions of Chapter 5.1 of Title 53 of the Code of Virginia for fully
adequate study, testing and diagnosis prior to a determination by the De-
partment as to where such person shall be confined; provided, however,
that any such person may be committed to a mental hospital or like insti-
tution, as provided by law during such period or transferred thereto; and
provided, further, that females so committed shall be confined at the State
Industria] Farm for Women for purposes of both initial study and ultimate
confinement.

§ 19.1-295.3. Any person committed under the provisions of
§ 19.1-295.1 shall be eligible for release following initia] study, testing and
diagnosis at any time prior to the completion of three years in confinement.
The Virginia Parole Board shall have discretion to release such person
upon a determination that he or she has demonstrated that such release
is compatible with the interests of society and of such person and his
or her successful rehabilitation to that extent. The Department and Parole
Board shall make continuous evaluation of their progress to determine
their readiness for release. All such persons, in any event, shall be released
by the Parole Board after three years’ confinement.

§ 19.1-295.4. The Virginia Parole Board shall supervise every person
released under the preceding section for a period of at least one year and
may continue such supervised parole for a longer period, if it deems such
advisable, provided such initial parole period shall not extend beyond the
termination of the four-year period.

§ 19.1-295.5. Every person on parole under the preceding section
shall comply with such terms and conditions as may be prescribed by the
Board according to § 53-257 and shall be subject to the penalties imposed
by law for a violation of such terms and conditions; provided, however,
such person shall in no case be returned to the institution established under
Chapter 5.1 of Title 53. Time on parole shall not be counted as part of
the four-year period of commitment under this section.

§ 19.1-295.6. The court, in its discretion, may prior to determining
punishment as provided for in § 19.1-295.1 or other applicable provisions
of law, commit, for a period not to exceed sixty days, the person convicted
to the diagnostic facilities of the institution established under Chapter 5.1
of Title 53 for evaluation and report. If additional evaluation is deemed
advisable, the Department of Welfare and Institutions may apply to the
court for an extension of such commitment for a period of up to sixty days.
The court shall not be bound by such report in the matter of determining
punishment.

If any section, subsection, sentence, part or application of this act
be held unconstitutional by a court of last resort, such holding shall not
affect any other section, sentence, part or application which can be given
effect without the part so held invalid.

3. This act shall be in force on and after July one, nineteen hundred
sixty-eight.