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2010 SESSION

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HB 927 Immediate sanction probation program; established.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Immediate sanction probation. Allows the establishment of up to two immediate sanction probation programs in the Commonwealth with a two-year sunset.  The bill provides that as a condition of suspension of sentence pursuant to § 19.2-303, a defendant who was not convicted of a violent crime may be ordered to participate in an immediate sanction probation program. An offender arrested for a violation of the conditions of his probation would receive an expedited hearing before the court. An affidavit prepared by his probation and parole officer detailing the offense for which he was arrested may be received into evidence without the officer's testimony. The immediate sanction hearing is not authorized for new criminal offenses or absconding for more than seven days. Such an offender would serve no more than 30 days in jail for a probation offense.  The Virginia Criminal Sentencing Commission will evaluate the program.

SUMMARY AS PASSED:

Immediate sanction probation. Allows the establishment of one immediate sanction probation program in the Commonwealth with a two-year sunset.  The bill provides that as a condition of suspension of sentence pursuant to § 19.2-303, a defendant who was not convicted of a violent crime may be ordered to participate in an immediate sanction probation program. An offender arrested for a violation of the conditions of his probation would receive an expedited hearing before the court. An affidavit prepared by his probation and parole officer detailing the offense for which he was arrested may be received into evidence without the officer's testimony. The immediate sanction hearing is not authorized for new criminal offenses or absconding for more than seven days. Such an offender would serve no more than 30 days in jail for a probation offense.  The Virginia Criminal Sentencing Commission will evaluate the program.

SUMMARY AS PASSED HOUSE:

Immediate sanction probation. Provides that as a condition of suspension of sentence pursuant to § 19.2-303, a defendant may be ordered to participate in an immediate sanction probation program. Any offender who participates in the program shall, in the event he is arrested for a violation of the conditions of his probation, (i) receive an expedited hearing before the court, (ii) not be entitled to counsel in review, and (iii) not be entitled to release on bail pending the hearing. An affidavit prepared by his probation and parole officer detailing the offense for which he was arrested may be received into evidence without the officer's testimony. The immediate sanction hearing is not authorized for new criminal offenses or absconding for more than 30 days. Such an offender would serve no more than 30 days in jail for a probation offense.

SUMMARY AS INTRODUCED:

Expedited review of probation violations. Provides that as a condition of suspension of sentence pursuant to § 19.2-303, a defendant may participate in expedited review of probation violations.  An offender may request expedited review or the court, on its own motion may recommend participation by the offender. Any offender who participates in expedited review shall agree, in the event he is arrested for a violation of the conditions of his probation, (i) to an expedited hearing before the court, (ii) that he shall not be entitled to counsel unless he waives participation in expedited review, (iii) that he shall not be entitled to release on bail pending the hearing, (iv) that an affidavit prepared by his probation and parole officer detailing the offense for which he was arrested may be received into evidence without the officer's testimony, (v) that the expedited review process is not authorized for new criminal offenses, and (vi) that he may be subject to random and more frequent drug testing. Such an offender would serve no more than 30 days in jail for a probation offense and would be eligible for reduced sanctions after demonstration of compliance with terms and conditions of probation.