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2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-305.1 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-305.1. Restitution for property damage or loss; community service.
A. Notwithstanding any other provision of law, no person convicted of a crime
in violation of any provision in Title 18.2, except the provisions of Article 2
(§ 18.2-266 et seq.) of Chapter 7 of Title 18.2, on or after July 1, 1977,
which resulted in property damage or loss, shall be placed on probation or have
his sentence suspended unless such person shall make at least partial
restitution for such property damage or loss, or shall be compelled to perform
community services, or both, or shall submit a plan for doing that which
appears to the court to be feasible under the circumstances.
A1 B. Notwithstanding any other provision of law, any person who, on or after
July 1, 1995, commits, and is convicted of, a crime in violation of any provision in
Title 18.2 except the provisions of Article 2 (§ 18.2-266 et seq.) of
Chapter 7 of Title 18.2 shall make at least partial restitution for any
property damage or loss caused by the crime or for actual any medical expenses
or expenses directly related to funeral or burial incurred by the victim
or his estate as a result of the crime, may be compelled to perform
community services and, if the court so orders, shall submit a plan for doing that
which appears to be feasible to the court under the circumstances.
B C. At or before the time of sentencing, the court shall receive and consider
any plan for making restitution submitted by the defendant. The plan shall include the defendant's
home address, place of employment and address, social security number and bank information. If the
court finds such plan to be reasonable and practical under the circumstances,
it may consider probation or suspension of whatever portion of the sentence
that it deems appropriate. By order of the court incorporating the defendant's
plan or a reasonable and practical plan devised by the court, the defendant
shall make restitution while he is free on probation or work release or
following his release from confinement. Additionally, the court may order that
the defendant make restitution during his confinement, if feasible, based upon
both his earning capacity and net worth as determined by the court at
sentencing.
C D. At the time of sentencing, the court shall determine the amount to be
repaid by the defendant and the terms and conditions thereof. If community
service work is ordered, the court shall determine the terms and conditions
upon which such work shall be performed. The court shall include such findings
in the judgment order. The order shall specify that sums paid under such order
shall be paid to the clerk, who shall disburse such sums as the court may, by
order, direct. Any court desiring to participate in the Setoff Debt Collection
Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs
or providing restitution shall, at the time of sentencing, obtain the social security
number of each defendant.
D E. Unreasonable failure to execute the plan by the defendant shall result in
revocation of the probation or imposition of the suspended sentence. A hearing shall be held in
accordance with the provisions of this Code relating to revocation of probation
or imposition of a suspended sentence before either such action is taken.
E F. If restitution is ordered to be paid by the defendant to the victim of a
crime and the victim can no longer be located or identified, the clerk shall
deposit any such restitution collected to the Criminal Injuries Compensation
Fund for the benefit of crime victims. The administrator shall reserve a sum
sufficient in the Fund from which he shall make prompt payment to the victim
for any proper claims. Before making the deposit he shall record the name, last
known address and amount of restitution due each victim appearing from the
clerk's report to be entitled to restitution.