§ 19.2-303.3. Sentence to local community-based probation services; servicesagency; requirements for participation; sentencing; and removal fromprobation; payment of costs towards supervision and services.
A. Any offender who is (i) convicted on or after July 1, 1995, of amisdemeanor or a felony that is not a felony act of violence as defined in §19.2-297.1, and for which the court imposes a total sentence of 12 months orless, and (ii) no younger than 18 years of age or is considered an adult atthe time of conviction may be sentenced to a local community-based probationservices agency established pursuant to § 9.1-174 by the local governingbodies within that judicial district or circuit.
B. In those courts having electronic access to the Local Inmate Data System(LIDS) within the courtroom, at the time of sentencing, the clerk of courtshall determine by reviewing LIDS, in any case where there is a felonyconviction, whether a sample of the offender's blood, saliva, or tissue or ananalysis of the sample is stored in the DNA data bank maintained by theDepartment of Forensic Science pursuant to Article 1.1 (§ 19.2-310.2 et seq.)of Chapter 18 of this title. If the clerk has determined that a DNA sample oranalysis is not stored in the DNA data bank, or in any case in whichelectronic access to LIDS is not available in the courtroom, the court shallorder that the offender appear within 30 days before the sheriff orcommunity-based probation officer and allow the sheriff or community-basedprobation officer to take the required sample. The order shall also requirethat, if the offender has not appeared and allowed the sheriff orcommunity-based probation officer to take the required sample by the datestated in the order, then the sheriff or community-based probation officershall report to the court the offender's failure to appear and provide therequired sample. The court may order the offender placed under localcommunity-based probation services pursuant to § 9.1-174 upon a determinationby the court that the offender may benefit from these services and is capableof returning to society as a productive citizen with a reasonable amount ofsupervision and intervention including services set forth in § 9.1-176. Allor part of any sentence imposed that has been suspended, shall be conditionedupon the offender's successful completion of local community-based probationservices established pursuant to § 9.1-174.
The court may impose terms and conditions of supervision as it deemsappropriate, including that the offender abide by any additional requirementsof supervision imposed or established by the local community-based probationservices agency during the period of probation supervision.
C. Any sworn officer of a local community-based probation services agencyestablished or operated pursuant to the Comprehensive Community CorrectionsAct for Local-Responsible Offenders (§ 9.1-173 et seq.) may seek a capiasfrom any judicial officer for the arrest of any person on localcommunity-based probation and under its supervision for (i) intractablebehavior; (ii) refusal to comply with the terms and conditions imposed by thecourt; (iii) refusal to comply with the requirements of local community-basedprobation supervision established by the agency; or (iv) the commission of anew offense while on local community-based probation and under agencysupervision. Upon arrest, the offender shall be brought for a hearing beforethe court of appropriate jurisdiction. After finding that the offender (a)exhibited intractable behavior as defined herein; (b) refused to comply withterms and conditions imposed by the court; (c) refused to comply with therequirements of local community-based probation supervision established bythe agency; or (d) committed a new offense while on local community-basedprobation and under agency supervision, the court may revoke all or part ofthe suspended sentence and supervision, and commit the offender to servewhatever sentence was originally imposed or impose such other terms andconditions of probation as it deems appropriate or, in a case where theproceeding has been deferred, enter an adjudication of guilt and proceed asotherwise provided by law.
"Intractable behavior" is that behavior that, in the determination of thecourt, indicates an offender's unwillingness or inability to conform hisbehavior to that which is necessary for successful completion of localcommunity-based probation or that the offender's behavior is so disruptive asto threaten the successful completion of the program by other participants.
D. An offender sentenced to or provided a deferred proceeding and placed oncommunity-based probation pursuant to this section may be required to pay anamount towards the costs of his supervision and services received inaccordance with subsection D of § 9.1-182.
(1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1999, c. 372; 2000, c.1040; 2006, c. 883; 2007, cc. 133, 528.)
§ 19.2-303.3. Sentence to local community-based probation services; servicesagency; requirements for participation; sentencing; and removal fromprobation; payment of costs towards supervision and services.
A. Any offender who is (i) convicted on or after July 1, 1995, of amisdemeanor or a felony that is not a felony act of violence as defined in §19.2-297.1, and for which the court imposes a total sentence of 12 months orless, and (ii) no younger than 18 years of age or is considered an adult atthe time of conviction may be sentenced to a local community-based probationservices agency established pursuant to § 9.1-174 by the local governingbodies within that judicial district or circuit.
B. In those courts having electronic access to the Local Inmate Data System(LIDS) within the courtroom, at the time of sentencing, the clerk of courtshall determine by reviewing LIDS, in any case where there is a felonyconviction, whether a sample of the offender's blood, saliva, or tissue or ananalysis of the sample is stored in the DNA data bank maintained by theDepartment of Forensic Science pursuant to Article 1.1 (§ 19.2-310.2 et seq.)of Chapter 18 of this title. If the clerk has determined that a DNA sample oranalysis is not stored in the DNA data bank, or in any case in whichelectronic access to LIDS is not available in the courtroom, the court shallorder that the offender appear within 30 days before the sheriff orcommunity-based probation officer and allow the sheriff or community-basedprobation officer to take the required sample. The order shall also requirethat, if the offender has not appeared and allowed the sheriff orcommunity-based probation officer to take the required sample by the datestated in the order, then the sheriff or community-based probation officershall report to the court the offender's failure to appear and provide therequired sample. The court may order the offender placed under localcommunity-based probation services pursuant to § 9.1-174 upon a determinationby the court that the offender may benefit from these services and is capableof returning to society as a productive citizen with a reasonable amount ofsupervision and intervention including services set forth in § 9.1-176. Allor part of any sentence imposed that has been suspended, shall be conditionedupon the offender's successful completion of local community-based probationservices established pursuant to § 9.1-174.
The court may impose terms and conditions of supervision as it deemsappropriate, including that the offender abide by any additional requirementsof supervision imposed or established by the local community-based probationservices agency during the period of probation supervision.
C. Any sworn officer of a local community-based probation services agencyestablished or operated pursuant to the Comprehensive Community CorrectionsAct for Local-Responsible Offenders (§ 9.1-173 et seq.) may seek a capiasfrom any judicial officer for the arrest of any person on localcommunity-based probation and under its supervision for (i) intractablebehavior; (ii) refusal to comply with the terms and conditions imposed by thecourt; (iii) refusal to comply with the requirements of local community-basedprobation supervision established by the agency; or (iv) the commission of anew offense while on local community-based probation and under agencysupervision. Upon arrest, the offender shall be brought for a hearing beforethe court of appropriate jurisdiction. After finding that the offender (a)exhibited intractable behavior as defined herein; (b) refused to comply withterms and conditions imposed by the court; (c) refused to comply with therequirements of local community-based probation supervision established bythe agency; or (d) committed a new offense while on local community-basedprobation and under agency supervision, the court may revoke all or part ofthe suspended sentence and supervision, and commit the offender to servewhatever sentence was originally imposed or impose such other terms andconditions of probation as it deems appropriate or, in a case where theproceeding has been deferred, enter an adjudication of guilt and proceed asotherwise provided by law.
"Intractable behavior" is that behavior that, in the determination of thecourt, indicates an offender's unwillingness or inability to conform hisbehavior to that which is necessary for successful completion of localcommunity-based probation or that the offender's behavior is so disruptive asto threaten the successful completion of the program by other participants.
D. An offender sentenced to or provided a deferred proceeding and placed oncommunity-based probation pursuant to this section may be required to pay anamount towards the costs of his supervision and services received inaccordance with subsection D of § 9.1-182.
(1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1999, c. 372; 2000, c.1040; 2006, c. 883; 2007, cc. 133, 528.)
§ 19.2-303.3. Sentence to local community-based probation services; servicesagency; requirements for participation; sentencing; and removal fromprobation; payment of costs towards supervision and services.
A. Any offender who is (i) convicted on or after July 1, 1995, of amisdemeanor or a felony that is not a felony act of violence as defined in §19.2-297.1, and for which the court imposes a total sentence of 12 months orless, and (ii) no younger than 18 years of age or is considered an adult atthe time of conviction may be sentenced to a local community-based probationservices agency established pursuant to § 9.1-174 by the local governingbodies within that judicial district or circuit.
B. In those courts having electronic access to the Local Inmate Data System(LIDS) within the courtroom, at the time of sentencing, the clerk of courtshall determine by reviewing LIDS, in any case where there is a felonyconviction, whether a sample of the offender's blood, saliva, or tissue or ananalysis of the sample is stored in the DNA data bank maintained by theDepartment of Forensic Science pursuant to Article 1.1 (§ 19.2-310.2 et seq.)of Chapter 18 of this title. If the clerk has determined that a DNA sample oranalysis is not stored in the DNA data bank, or in any case in whichelectronic access to LIDS is not available in the courtroom, the court shallorder that the offender appear within 30 days before the sheriff orcommunity-based probation officer and allow the sheriff or community-basedprobation officer to take the required sample. The order shall also requirethat, if the offender has not appeared and allowed the sheriff orcommunity-based probation officer to take the required sample by the datestated in the order, then the sheriff or community-based probation officershall report to the court the offender's failure to appear and provide therequired sample. The court may order the offender placed under localcommunity-based probation services pursuant to § 9.1-174 upon a determinationby the court that the offender may benefit from these services and is capableof returning to society as a productive citizen with a reasonable amount ofsupervision and intervention including services set forth in § 9.1-176. Allor part of any sentence imposed that has been suspended, shall be conditionedupon the offender's successful completion of local community-based probationservices established pursuant to § 9.1-174.
The court may impose terms and conditions of supervision as it deemsappropriate, including that the offender abide by any additional requirementsof supervision imposed or established by the local community-based probationservices agency during the period of probation supervision.
C. Any sworn officer of a local community-based probation services agencyestablished or operated pursuant to the Comprehensive Community CorrectionsAct for Local-Responsible Offenders (§ 9.1-173 et seq.) may seek a capiasfrom any judicial officer for the arrest of any person on localcommunity-based probation and under its supervision for (i) intractablebehavior; (ii) refusal to comply with the terms and conditions imposed by thecourt; (iii) refusal to comply with the requirements of local community-basedprobation supervision established by the agency; or (iv) the commission of anew offense while on local community-based probation and under agencysupervision. Upon arrest, the offender shall be brought for a hearing beforethe court of appropriate jurisdiction. After finding that the offender (a)exhibited intractable behavior as defined herein; (b) refused to comply withterms and conditions imposed by the court; (c) refused to comply with therequirements of local community-based probation supervision established bythe agency; or (d) committed a new offense while on local community-basedprobation and under agency supervision, the court may revoke all or part ofthe suspended sentence and supervision, and commit the offender to servewhatever sentence was originally imposed or impose such other terms andconditions of probation as it deems appropriate or, in a case where theproceeding has been deferred, enter an adjudication of guilt and proceed asotherwise provided by law.
"Intractable behavior" is that behavior that, in the determination of thecourt, indicates an offender's unwillingness or inability to conform hisbehavior to that which is necessary for successful completion of localcommunity-based probation or that the offender's behavior is so disruptive asto threaten the successful completion of the program by other participants.
D. An offender sentenced to or provided a deferred proceeding and placed oncommunity-based probation pursuant to this section may be required to pay anamount towards the costs of his supervision and services received inaccordance with subsection D of § 9.1-182.
(1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1999, c. 372; 2000, c.1040; 2006, c. 883; 2007, cc. 133, 528.)
