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2006 SESSION
066173424Be it enacted by the General Assembly of Virginia:
1. That §§ 9.1-174 and 19.2-303.3 of the Code of Virginia are amended and reenacted as follows:
§ 9.1-174. Establishment of program.
To facilitate local involvement and flexibility in responding
to the problem of crime in their communities and to permit locally designed probation
programs whichthat
will fit its needs, any city, county or combination thereof may, and any city,
county or combination thereof whichthat
is required by § 53.1-82.1 to file a community-based corrections plan shall
establish a system of community-based services pursuant to this article. This
system is to provide alternative programs for defendants and (i) offenders
who,
are convicted and sentenced pursuant
to § 19.2-303.3, are convicted, sentenced
and placed on probation services through a court and who are
considered suitable candidates for programs whichthat
require less than incarceration in a local correctional facility and
(ii) defendants who are provided a deferred proceeding and placed on probation
pursuant to § 19.2-303.2.
Such programs and services may be provided by qualified public agencies or by
qualified private agencies pursuant to appropriate contracts.
§ 19.2-303.3. Sentence to local community-based probation agency; services agency; requirements for participation; sentencing; and removal from probation; payment of costs.
A. Any defendant offender who
is (i) convicted on or after July 1, 1995, of a misdemeanor 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 twelve 12
months or less, and (ii)
no younger than eighteen 18 years
of age or is considered an adult at the time of conviction; and (iii) who
meets other eligibility criteria pursuant to this section and § 9.1-173
may be sentenced to a local community-based probation program services
agency established pursuant to § 9.1-174 by the local governing
bodies within that judicial district or circuit.
B. Prior to or at the time of sentencing, the court
may order the defendant placed in a local community-based probation program
pursuant to § 9.1-174 upon a determination by the court that the defendant may
benefit from the program and is capable of returning to society as a productive
citizen with a reasonable amount of supervision and intervention including
programs and services set forth in § 9.1-176. All or part of any sentence
imposed that has been suspended, shall be conditioned upon the defendant's
successful completion of any program established pursuant to § 9.1-174. The
court may upon determination that the offender is capable of returning to society
as a productive citizen who may benefit from supervision and intervention, including programs and services set forth in § 9.1-176, suspend the sentence
imposed in whole or in part
and order the offender placed on local community-based probation,
conditioned upon the defendant's successful
completion of such probation.
The court may, in accordance with general law, also defer further proceedings and place on local community-based probation, subject to terms and conditions, any person who is:
1. Charged with any Class 1 or 2 misdemeanor offense for which such a proceeding is authorized by statute or
2. Charged with first offense possession of a controlled substance or first offense possession of marijuana for which the court could have imposed a sentence to jail pursuant to § 18.2-251 and who:
a. Has not previously been convicted of any such offense and
b. Has not previously had a proceeding against him for violation of such an offense dismissed, and
3. Pleads guilty to or enters a plea of not guilty, when, upon such plea, the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused.
Notwithstanding any other provision of law, placement on probation pursuant to subsection H of § 18.2-258.1 does not provide for a deferred proceeding.
The court may impose terms and conditions of supervision
supervised probation as it deems
appropriate, including that the defendant offender
abide by any additional requirements of supervision imposed or
established by the program local
community-based probation agency during the period of probation
supervision.
C. Any sworn officer of a local probation program
agency established or operated
pursuant to the Comprehensive Community Corrections Act for Local-Responsible
Offenders (§ 9.1-173 et seq.) may seek a warrant or capias
from any judicial officer for the arrest of any person on probation and under
its supervision for removal from the program for (i)
intractable behavior; (ii) refusal to comply with the terms and conditions
imposed by the court; (iii) refusal to comply with the requirements of local
probation supervision established by the programagency;
or (iv) the commission of a new offense while on local probation and under program
agency supervision. Upon arrest, the defendant
offender shall be brought before
the court for a hearing. Upon
before the court of appropriate jurisdiction. After
finding that the defendant offender
(a)
exhibited intractable behavior as defined herein,herein; or
(b)
refused to comply with terms and conditions imposed by the court; (c) refused to
comply with the requirements of local probation supervision established by the
agency; or (d) committed a new
offense while on local probation and under agency supervision, the
court may revoke all or part of the suspended sentence and supervision, and
commit the defendant offender to
serve whatever sentence was originally imposed or impose such other terms and
conditions of supervision as it deems appropriate or, in a case where the proceeding has been deferred, enter an adjudication of
guilt and proceed as otherwise provided by law.
"Intractable behavior" is that behavior whichthat,
in the determination of the court, indicates a defendant's an
offender's unwillingness or inability to conform his behavior to
that which is necessary for successful completion of the program probation
or that the defendant's offender's behavior
is so disruptive as to threaten the successful completion of the program by
other participants.
D. The court may order a defendant An
offender sentenced to or provided a
deferred proceeding and placed on probation pursuant to this
section may be required to pay an amount to
defray the cost of the towards the costs
of his supervision and services
received in accordance with subsection D of § 9.1-182.