§ 19.2-299. Investigations and reports by probation officers in certain cases.
A. When a person is tried in a circuit court (i) upon a charge of assault andbattery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of §18.2-60.3, sexual battery in violation of § 18.2-67.4, attempted sexualbattery in violation of § 18.2-67.5, or driving while intoxicated inviolation of § 18.2-266, and is adjudged guilty of such charge, unless waivedby the court and the defendant and the attorney for the Commonwealth, thecourt may, or on motion of the defendant shall; or (ii) upon a felony chargenot set forth in subdivision (iii) below, the court may when there is a pleaagreement between the defendant and the Commonwealth and shall when thedefendant pleads guilty without a plea agreement or is found guilty by thecourt after a plea of not guilty; or (iii) the court shall when a person ischarged and adjudged guilty of a felony violation, or conspiracy to commit orattempt to commit a felony violation, of § 18.2-46.2, 18.2-46.3, 18.2-48,clause (2) or (3) of § 18.2-49, § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2,18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4:1, 18.2-67.5, 18.2-67.5:1,18.2-355, 18.2-356, 18.2-357, 18.2-361, 18.2-362, 18.2-366, 18.2-368,18.2-370, 18.2-370.1, or 18.2-370.2, or any attempt to commit or conspiracyto commit any felony violation of § 18.2-67.5, 18.2-67.5:2, or 18.2-67.5:3,direct a probation officer of such court to thoroughly investigate and reportupon the history of the accused, including a report of the accused's criminalrecord as an adult and available juvenile court records, any informationregarding the accused's participation or membership in a criminal street gangas defined in § 18.2-46.1, and all other relevant facts, to fully advise thecourt so the court may determine the appropriate sentence to be imposed.Unless the defendant or the attorney for the Commonwealth objects, the courtmay order that the report contain no more than the defendant's criminalhistory, any history of substance abuse, any physical or health-relatedproblems as may be pertinent, and any applicable sentencing guidelineworksheets. This expedited report shall be subject to all the same proceduresas all other sentencing reports and sentencing guidelines worksheets. Theprobation officer, after having furnished a copy of this report at least fivedays prior to sentencing to counsel for the accused and the attorney for theCommonwealth for their permanent use, shall submit his report in advance ofthe sentencing hearing to the judge in chambers, who shall keep such reportconfidential. Counsel for the accused may provide the accused with a copy ofthe presentence report. The probation officer shall be available to testifyfrom this report in open court in the presence of the accused, who shall havebeen provided with a copy of the presentence report by his counsel or advisedof its contents and be given the right to cross-examine the investigatingofficer as to any matter contained therein and to present any additionalfacts bearing upon the matter. The report of the investigating officer shallat all times be kept confidential by each recipient, and shall be filed as apart of the record in the case. Any report so filed shall be made availableonly by court order and shall be sealed upon final order by the court, exceptthat such reports or copies thereof shall be available at any time to anycriminal justice agency, as defined in § 9.1-101, of this or any other stateor of the United States; to any agency where the accused is referred fortreatment by the court or by probation and parole services; and to counselfor any person who has been indicted jointly for the same felony as theperson subject to the report. Subject to the limitations set forth in §37.2-901, any report prepared pursuant to the provisions hereof shall withoutcourt order be made available to counsel for the person who is the subject ofthe report if that person (i) is charged with a felony subsequent to the timeof the preparation of the report or (ii) has been convicted of the crime orcrimes for which the report was prepared and is pursuing a post-convictionremedy. The presentence report shall be in a form prescribed by theDepartment of Corrections. In all cases where such report is not ordered, asimplified report shall be prepared on a form prescribed by the Department ofCorrections. For the purposes of this subsection, information regarding theaccused's participation or membership in a criminal street gang may includethe characteristics, specific rivalries, common practices, social customs andbehavior, terminology, and types of crimes that are likely to be committed bythat criminal street gang.
B. As a part of any presentence investigation conducted pursuant tosubsection A when the offense for which the defendant was convicted was afelony, the court probation officer shall advise any victim of such offensein writing that he may submit to the Virginia Parole Board a written request(i) to be given the opportunity to submit to the Board a written statement inadvance of any parole hearing describing the impact of the offense upon himand his opinion regarding the defendant's release and (ii) to receive copiesof such other notifications pertaining to the defendant as the Board mayprovide pursuant to subsection B of § 53.1-155.
C. As part of any presentence investigation conducted pursuant to subsectionA when the offense for which the defendant was convicted was a felony drugoffense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title18.2, the presentence report shall include any known association of thedefendant with illicit drug operations or markets.
D. As a part of any presentence investigation conducted pursuant tosubsection A, when the offense for which the defendant was convicted was afelony, not a capital offense, committed on or after January 1, 2000, thedefendant shall be required to undergo a substance abuse screening pursuantto § 18.2-251.01.
(Code 1950, § 53-278.1; 1952, c. 233; 1972, c. 516; 1974, c. 121; 1975, cc.371, 495; 1979, c. 286; 1980, c. 733; 1981, c. 263; 1983, c. 541; 1987, c.676; 1989, c. 169; 1991, cc. 43, 229; 1992, c. 77; 1993, cc. 466, 492; 1994,2nd Sp. Sess., cc. 1, 2; 1995, cc. 687, 778; 1997, c. 691; 1998, cc. 783,840; 1999, cc. 891, 903, 913; 2001, c. 647; 2003, cc. 146, 613; 2004, cc.308, 459, 819; 2005, cc. 188, 219, 631; 2006, cc. 99, 863, 914, 916; 2010, c.223.)
§ 19.2-299. Investigations and reports by probation officers in certain cases.
A. When a person is tried in a circuit court (i) upon a charge of assault andbattery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of §18.2-60.3, sexual battery in violation of § 18.2-67.4, attempted sexualbattery in violation of § 18.2-67.5, or driving while intoxicated inviolation of § 18.2-266, and is adjudged guilty of such charge, unless waivedby the court and the defendant and the attorney for the Commonwealth, thecourt may, or on motion of the defendant shall; or (ii) upon a felony chargenot set forth in subdivision (iii) below, the court may when there is a pleaagreement between the defendant and the Commonwealth and shall when thedefendant pleads guilty without a plea agreement or is found guilty by thecourt after a plea of not guilty; or (iii) the court shall when a person ischarged and adjudged guilty of a felony violation, or conspiracy to commit orattempt to commit a felony violation, of § 18.2-46.2, 18.2-46.3, 18.2-48,clause (2) or (3) of § 18.2-49, § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2,18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4:1, 18.2-67.5, 18.2-67.5:1,18.2-355, 18.2-356, 18.2-357, 18.2-361, 18.2-362, 18.2-366, 18.2-368,18.2-370, 18.2-370.1, or 18.2-370.2, or any attempt to commit or conspiracyto commit any felony violation of § 18.2-67.5, 18.2-67.5:2, or 18.2-67.5:3,direct a probation officer of such court to thoroughly investigate and reportupon the history of the accused, including a report of the accused's criminalrecord as an adult and available juvenile court records, any informationregarding the accused's participation or membership in a criminal street gangas defined in § 18.2-46.1, and all other relevant facts, to fully advise thecourt so the court may determine the appropriate sentence to be imposed.Unless the defendant or the attorney for the Commonwealth objects, the courtmay order that the report contain no more than the defendant's criminalhistory, any history of substance abuse, any physical or health-relatedproblems as may be pertinent, and any applicable sentencing guidelineworksheets. This expedited report shall be subject to all the same proceduresas all other sentencing reports and sentencing guidelines worksheets. Theprobation officer, after having furnished a copy of this report at least fivedays prior to sentencing to counsel for the accused and the attorney for theCommonwealth for their permanent use, shall submit his report in advance ofthe sentencing hearing to the judge in chambers, who shall keep such reportconfidential. Counsel for the accused may provide the accused with a copy ofthe presentence report. The probation officer shall be available to testifyfrom this report in open court in the presence of the accused, who shall havebeen provided with a copy of the presentence report by his counsel or advisedof its contents and be given the right to cross-examine the investigatingofficer as to any matter contained therein and to present any additionalfacts bearing upon the matter. The report of the investigating officer shallat all times be kept confidential by each recipient, and shall be filed as apart of the record in the case. Any report so filed shall be made availableonly by court order and shall be sealed upon final order by the court, exceptthat such reports or copies thereof shall be available at any time to anycriminal justice agency, as defined in § 9.1-101, of this or any other stateor of the United States; to any agency where the accused is referred fortreatment by the court or by probation and parole services; and to counselfor any person who has been indicted jointly for the same felony as theperson subject to the report. Subject to the limitations set forth in §37.2-901, any report prepared pursuant to the provisions hereof shall withoutcourt order be made available to counsel for the person who is the subject ofthe report if that person (i) is charged with a felony subsequent to the timeof the preparation of the report or (ii) has been convicted of the crime orcrimes for which the report was prepared and is pursuing a post-convictionremedy. The presentence report shall be in a form prescribed by theDepartment of Corrections. In all cases where such report is not ordered, asimplified report shall be prepared on a form prescribed by the Department ofCorrections. For the purposes of this subsection, information regarding theaccused's participation or membership in a criminal street gang may includethe characteristics, specific rivalries, common practices, social customs andbehavior, terminology, and types of crimes that are likely to be committed bythat criminal street gang.
B. As a part of any presentence investigation conducted pursuant tosubsection A when the offense for which the defendant was convicted was afelony, the court probation officer shall advise any victim of such offensein writing that he may submit to the Virginia Parole Board a written request(i) to be given the opportunity to submit to the Board a written statement inadvance of any parole hearing describing the impact of the offense upon himand his opinion regarding the defendant's release and (ii) to receive copiesof such other notifications pertaining to the defendant as the Board mayprovide pursuant to subsection B of § 53.1-155.
C. As part of any presentence investigation conducted pursuant to subsectionA when the offense for which the defendant was convicted was a felony drugoffense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title18.2, the presentence report shall include any known association of thedefendant with illicit drug operations or markets.
D. As a part of any presentence investigation conducted pursuant tosubsection A, when the offense for which the defendant was convicted was afelony, not a capital offense, committed on or after January 1, 2000, thedefendant shall be required to undergo a substance abuse screening pursuantto § 18.2-251.01.
(Code 1950, § 53-278.1; 1952, c. 233; 1972, c. 516; 1974, c. 121; 1975, cc.371, 495; 1979, c. 286; 1980, c. 733; 1981, c. 263; 1983, c. 541; 1987, c.676; 1989, c. 169; 1991, cc. 43, 229; 1992, c. 77; 1993, cc. 466, 492; 1994,2nd Sp. Sess., cc. 1, 2; 1995, cc. 687, 778; 1997, c. 691; 1998, cc. 783,840; 1999, cc. 891, 903, 913; 2001, c. 647; 2003, cc. 146, 613; 2004, cc.308, 459, 819; 2005, cc. 188, 219, 631; 2006, cc. 99, 863, 914, 916; 2010, c.223.)
§ 19.2-299. Investigations and reports by probation officers in certain cases.
A. When a person is tried in a circuit court (i) upon a charge of assault andbattery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of §18.2-60.3, sexual battery in violation of § 18.2-67.4, attempted sexualbattery in violation of § 18.2-67.5, or driving while intoxicated inviolation of § 18.2-266, and is adjudged guilty of such charge, unless waivedby the court and the defendant and the attorney for the Commonwealth, thecourt may, or on motion of the defendant shall; or (ii) upon a felony chargenot set forth in subdivision (iii) below, the court may when there is a pleaagreement between the defendant and the Commonwealth and shall when thedefendant pleads guilty without a plea agreement or is found guilty by thecourt after a plea of not guilty; or (iii) the court shall when a person ischarged and adjudged guilty of a felony violation, or conspiracy to commit orattempt to commit a felony violation, of § 18.2-46.2, 18.2-46.3, 18.2-48,clause (2) or (3) of § 18.2-49, § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2,18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4:1, 18.2-67.5, 18.2-67.5:1,18.2-355, 18.2-356, 18.2-357, 18.2-361, 18.2-362, 18.2-366, 18.2-368,18.2-370, 18.2-370.1, or 18.2-370.2, or any attempt to commit or conspiracyto commit any felony violation of § 18.2-67.5, 18.2-67.5:2, or 18.2-67.5:3,direct a probation officer of such court to thoroughly investigate and reportupon the history of the accused, including a report of the accused's criminalrecord as an adult and available juvenile court records, any informationregarding the accused's participation or membership in a criminal street gangas defined in § 18.2-46.1, and all other relevant facts, to fully advise thecourt so the court may determine the appropriate sentence to be imposed.Unless the defendant or the attorney for the Commonwealth objects, the courtmay order that the report contain no more than the defendant's criminalhistory, any history of substance abuse, any physical or health-relatedproblems as may be pertinent, and any applicable sentencing guidelineworksheets. This expedited report shall be subject to all the same proceduresas all other sentencing reports and sentencing guidelines worksheets. Theprobation officer, after having furnished a copy of this report at least fivedays prior to sentencing to counsel for the accused and the attorney for theCommonwealth for their permanent use, shall submit his report in advance ofthe sentencing hearing to the judge in chambers, who shall keep such reportconfidential. Counsel for the accused may provide the accused with a copy ofthe presentence report. The probation officer shall be available to testifyfrom this report in open court in the presence of the accused, who shall havebeen provided with a copy of the presentence report by his counsel or advisedof its contents and be given the right to cross-examine the investigatingofficer as to any matter contained therein and to present any additionalfacts bearing upon the matter. The report of the investigating officer shallat all times be kept confidential by each recipient, and shall be filed as apart of the record in the case. Any report so filed shall be made availableonly by court order and shall be sealed upon final order by the court, exceptthat such reports or copies thereof shall be available at any time to anycriminal justice agency, as defined in § 9.1-101, of this or any other stateor of the United States; to any agency where the accused is referred fortreatment by the court or by probation and parole services; and to counselfor any person who has been indicted jointly for the same felony as theperson subject to the report. Subject to the limitations set forth in §37.2-901, any report prepared pursuant to the provisions hereof shall withoutcourt order be made available to counsel for the person who is the subject ofthe report if that person (i) is charged with a felony subsequent to the timeof the preparation of the report or (ii) has been convicted of the crime orcrimes for which the report was prepared and is pursuing a post-convictionremedy. The presentence report shall be in a form prescribed by theDepartment of Corrections. In all cases where such report is not ordered, asimplified report shall be prepared on a form prescribed by the Department ofCorrections. For the purposes of this subsection, information regarding theaccused's participation or membership in a criminal street gang may includethe characteristics, specific rivalries, common practices, social customs andbehavior, terminology, and types of crimes that are likely to be committed bythat criminal street gang.
B. As a part of any presentence investigation conducted pursuant tosubsection A when the offense for which the defendant was convicted was afelony, the court probation officer shall advise any victim of such offensein writing that he may submit to the Virginia Parole Board a written request(i) to be given the opportunity to submit to the Board a written statement inadvance of any parole hearing describing the impact of the offense upon himand his opinion regarding the defendant's release and (ii) to receive copiesof such other notifications pertaining to the defendant as the Board mayprovide pursuant to subsection B of § 53.1-155.
C. As part of any presentence investigation conducted pursuant to subsectionA when the offense for which the defendant was convicted was a felony drugoffense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title18.2, the presentence report shall include any known association of thedefendant with illicit drug operations or markets.
D. As a part of any presentence investigation conducted pursuant tosubsection A, when the offense for which the defendant was convicted was afelony, not a capital offense, committed on or after January 1, 2000, thedefendant shall be required to undergo a substance abuse screening pursuantto § 18.2-251.01.
(Code 1950, § 53-278.1; 1952, c. 233; 1972, c. 516; 1974, c. 121; 1975, cc.371, 495; 1979, c. 286; 1980, c. 733; 1981, c. 263; 1983, c. 541; 1987, c.676; 1989, c. 169; 1991, cc. 43, 229; 1992, c. 77; 1993, cc. 466, 492; 1994,2nd Sp. Sess., cc. 1, 2; 1995, cc. 687, 778; 1997, c. 691; 1998, cc. 783,840; 1999, cc. 891, 903, 913; 2001, c. 647; 2003, cc. 146, 613; 2004, cc.308, 459, 819; 2005, cc. 188, 219, 631; 2006, cc. 99, 863, 914, 916; 2010, c.223.)
