§ 19.2-311. Indeterminate commitment to Department of Corrections in certaincases; duration and character of commitment; concurrence by Department.
A. The judge, after a finding of guilt, when fixing punishment in those casesspecifically enumerated in subsection B of this section, may, in hisdiscretion, in lieu of imposing any other penalty provided by law and, withconsent of the person convicted, commit such person for a period of fouryears, which commitment shall be indeterminate in character. In addition, thecourt shall impose a period of confinement which shall be suspended. Subjectto the provisions of subsection C hereof, such persons shall be committed tothe Department of Corrections for confinement in a state facility foryouthful offenders established pursuant to § 53.1-63. Such confinement shallbe followed by at least one and one-half years of supervisory parole,conditioned on good behavior. The sentence of indeterminate commitment andeligibility for continuous evaluation and parole under § 19.2-313 shallremain in effect but eligibility for use of programs and facilitiesestablished pursuant to § 53.1-63 shall lapse if such person (i) exhibitsintractable behavior as defined in § 53.1-66 or (ii) is convicted of a secondcriminal offense which is a felony. A sentence imposed for any secondcriminal offense shall run consecutively with the indeterminate sentence.
B. The provisions of subsection A of this section shall be applicable tofirst convictions in which the person convicted:
1. Committed the offense of which convicted before becoming twenty-one yearsof age;
2. Was convicted of a felony offense other than any of the following: capitalmurder, murder in the first degree or murder in the second degree or aviolation of §§ 18.2-61, 18.2-67.1, 18.2-67.2 or subdivision A 1 of §18.2-67.3; and
3. Is considered by the judge to be capable of returning to society as aproductive citizen following a reasonable amount of rehabilitation.
C. Subsequent to a finding of guilt and prior to fixing punishment, theDepartment of Corrections shall, concurrently with the evaluation required by§ 19.2-316, review all aspects of the case to determine whether (i) suchdefendant is physically and emotionally suitable for the program, (ii) suchindeterminate sentence of commitment is in the best interest of theCommonwealth and of the person convicted, and (iii) facilities are availablefor the confinement of such person. After the review such person shall beagain brought before the court, which shall review the findings of theDepartment. The court may impose a sentence as authorized in subsection A, orany other penalty provided by law.
D. Upon the defendant's failure to complete the program established pursuantto § 53.1-63 or to comply with the terms and conditions through no fault ofhis own, the defendant shall be brought before the court for hearing.Notwithstanding the provisions for pronouncement of sentence as set forth in§ 19.2-306, the court, after hearing, may pronounce whatever sentence wasoriginally imposed, pronounce a reduced sentence, or impose such other termsand conditions of probation as it deems appropriate.
(Code 1950, § 19.1-295.1; 1966, c. 579; 1974, cc. 44, 45; 1975, c. 495; 1976,c. 498; 1980, c. 531; 1988, c. 38; 1990, c. 701; 1994, cc. 859, 949; 1996,cc. 755, 914; 1997, c. 387; 2000, cc. 668, 690.)
§ 19.2-311. Indeterminate commitment to Department of Corrections in certaincases; duration and character of commitment; concurrence by Department.
A. The judge, after a finding of guilt, when fixing punishment in those casesspecifically enumerated in subsection B of this section, may, in hisdiscretion, in lieu of imposing any other penalty provided by law and, withconsent of the person convicted, commit such person for a period of fouryears, which commitment shall be indeterminate in character. In addition, thecourt shall impose a period of confinement which shall be suspended. Subjectto the provisions of subsection C hereof, such persons shall be committed tothe Department of Corrections for confinement in a state facility foryouthful offenders established pursuant to § 53.1-63. Such confinement shallbe followed by at least one and one-half years of supervisory parole,conditioned on good behavior. The sentence of indeterminate commitment andeligibility for continuous evaluation and parole under § 19.2-313 shallremain in effect but eligibility for use of programs and facilitiesestablished pursuant to § 53.1-63 shall lapse if such person (i) exhibitsintractable behavior as defined in § 53.1-66 or (ii) is convicted of a secondcriminal offense which is a felony. A sentence imposed for any secondcriminal offense shall run consecutively with the indeterminate sentence.
B. The provisions of subsection A of this section shall be applicable tofirst convictions in which the person convicted:
1. Committed the offense of which convicted before becoming twenty-one yearsof age;
2. Was convicted of a felony offense other than any of the following: capitalmurder, murder in the first degree or murder in the second degree or aviolation of §§ 18.2-61, 18.2-67.1, 18.2-67.2 or subdivision A 1 of §18.2-67.3; and
3. Is considered by the judge to be capable of returning to society as aproductive citizen following a reasonable amount of rehabilitation.
C. Subsequent to a finding of guilt and prior to fixing punishment, theDepartment of Corrections shall, concurrently with the evaluation required by§ 19.2-316, review all aspects of the case to determine whether (i) suchdefendant is physically and emotionally suitable for the program, (ii) suchindeterminate sentence of commitment is in the best interest of theCommonwealth and of the person convicted, and (iii) facilities are availablefor the confinement of such person. After the review such person shall beagain brought before the court, which shall review the findings of theDepartment. The court may impose a sentence as authorized in subsection A, orany other penalty provided by law.
D. Upon the defendant's failure to complete the program established pursuantto § 53.1-63 or to comply with the terms and conditions through no fault ofhis own, the defendant shall be brought before the court for hearing.Notwithstanding the provisions for pronouncement of sentence as set forth in§ 19.2-306, the court, after hearing, may pronounce whatever sentence wasoriginally imposed, pronounce a reduced sentence, or impose such other termsand conditions of probation as it deems appropriate.
(Code 1950, § 19.1-295.1; 1966, c. 579; 1974, cc. 44, 45; 1975, c. 495; 1976,c. 498; 1980, c. 531; 1988, c. 38; 1990, c. 701; 1994, cc. 859, 949; 1996,cc. 755, 914; 1997, c. 387; 2000, cc. 668, 690.)
§ 19.2-311. Indeterminate commitment to Department of Corrections in certaincases; duration and character of commitment; concurrence by Department.
A. The judge, after a finding of guilt, when fixing punishment in those casesspecifically enumerated in subsection B of this section, may, in hisdiscretion, in lieu of imposing any other penalty provided by law and, withconsent of the person convicted, commit such person for a period of fouryears, which commitment shall be indeterminate in character. In addition, thecourt shall impose a period of confinement which shall be suspended. Subjectto the provisions of subsection C hereof, such persons shall be committed tothe Department of Corrections for confinement in a state facility foryouthful offenders established pursuant to § 53.1-63. Such confinement shallbe followed by at least one and one-half years of supervisory parole,conditioned on good behavior. The sentence of indeterminate commitment andeligibility for continuous evaluation and parole under § 19.2-313 shallremain in effect but eligibility for use of programs and facilitiesestablished pursuant to § 53.1-63 shall lapse if such person (i) exhibitsintractable behavior as defined in § 53.1-66 or (ii) is convicted of a secondcriminal offense which is a felony. A sentence imposed for any secondcriminal offense shall run consecutively with the indeterminate sentence.
B. The provisions of subsection A of this section shall be applicable tofirst convictions in which the person convicted:
1. Committed the offense of which convicted before becoming twenty-one yearsof age;
2. Was convicted of a felony offense other than any of the following: capitalmurder, murder in the first degree or murder in the second degree or aviolation of §§ 18.2-61, 18.2-67.1, 18.2-67.2 or subdivision A 1 of §18.2-67.3; and
3. Is considered by the judge to be capable of returning to society as aproductive citizen following a reasonable amount of rehabilitation.
C. Subsequent to a finding of guilt and prior to fixing punishment, theDepartment of Corrections shall, concurrently with the evaluation required by§ 19.2-316, review all aspects of the case to determine whether (i) suchdefendant is physically and emotionally suitable for the program, (ii) suchindeterminate sentence of commitment is in the best interest of theCommonwealth and of the person convicted, and (iii) facilities are availablefor the confinement of such person. After the review such person shall beagain brought before the court, which shall review the findings of theDepartment. The court may impose a sentence as authorized in subsection A, orany other penalty provided by law.
D. Upon the defendant's failure to complete the program established pursuantto § 53.1-63 or to comply with the terms and conditions through no fault ofhis own, the defendant shall be brought before the court for hearing.Notwithstanding the provisions for pronouncement of sentence as set forth in§ 19.2-306, the court, after hearing, may pronounce whatever sentence wasoriginally imposed, pronounce a reduced sentence, or impose such other termsand conditions of probation as it deems appropriate.
(Code 1950, § 19.1-295.1; 1966, c. 579; 1974, cc. 44, 45; 1975, c. 495; 1976,c. 498; 1980, c. 531; 1988, c. 38; 1990, c. 701; 1994, cc. 859, 949; 1996,cc. 755, 914; 1997, c. 387; 2000, cc. 668, 690.)
