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2017 SESSION

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HB 1856 Restitution; supervised probation.

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

SUMMARY AS PASSED:

Restitution; probation. Provides that for any offense that occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation until all ordered restitution is paid in full. The bill requires that a probation agency ordered to monitor the restitution payments of a defendant placed on supervised probation notify the court and the attorney for the Commonwealth of the amount of unsatisfied restitution, if any, 30 days prior to the defendant's release from supervision. The bill also requires that a court schedule a hearing if any restitution remains unsatisfied on the date upon which restitution was to be paid in full within 90 days of such date if no probation agency was ordered to monitor the defendant's payments. The bill also establishes a mechanism for releasing a defendant from an indefinite term of probation even though all ordered restitution has not been paid in full. As introduced, this bill was a recommendation of the Virginia State Crime Commission. This bill is identical to SB 1285.

SUMMARY AS PASSED HOUSE:

Restitution; probation. Provides that for any offense that occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation until all ordered restitution is paid in full. The bill requires that a probation agency ordered to monitor the restitution payments of a defendant placed on supervised probation notify the court and the attorney for the Commonwealth of the amount of unsatisfied restitution, if any, 30 days prior to the defendant's release from supervision. The bill also requires that a court schedule a hearing if any restitution remains unsatisfied on the date upon which restitution was to be paid in full within 90 days of such date if no probation agency was ordered to monitor the defendant's payments. The bill also establishes a mechanism for releasing a defendant from an indefinite term of probation even though all ordered restitution has not been paid in full. As introduced, this bill was a recommendation of the Virginia State Crime Commission.

SUMMARY AS INTRODUCED:

Restitution; supervised probation. Provides that for any offense that occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of supervised probation until all ordered restitution is paid in full; however, the term of supervised probation shall not exceed the period of a suspended sentence fixed by the court, or if no period of suspension was fixed, then the term of supervised probation shall not exceed the maximum period for which the defendant might originally have been sentenced. This bill is a recommendation of the Virginia State Crime Commission.