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2006 SESSION
Be 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 which that will fit its needs, any city, county or
combination thereof may, and any city, county or combination thereof which
that 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 which
that require less than incarceration in a local correctional
facility and (ii) defendants who are provided a deferred proceeding and
placed on probation. 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 offender placed in a local community-based
probation program pursuant to § 9.1-174 upon a determination by the court that
the defendant offender 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 impose terms and conditions of supervision as it
deems appropriate, including that the defendant offender abide by
any additional requirements of supervision imposed or established by the
program 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 program agency; 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 which
that, 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.