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2022 SESSION

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HB 47 Suspended sentence or probation; violation of the terms and conditions, technical violations.

Introduced by: Timothy V. Anderson | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Violation of the terms and conditions of a suspended sentence or probation; technical violations; penalty. Removes from the definition of technical violation, used for the purposes of limiting the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation, violations based on a probationer's failure to (i) refrain from the use, possession, or distribution of controlled substances or related paraphernalia; (ii) refrain from the use, ownership, possession, or transportation of a firearm; (iii) gain permission to change his residence or remain in the Commonwealth or other designated area without permission of the probation officer; or (iv) maintain contact with the probation officer whereby his whereabouts are no longer known to the probation officer. Accordingly, if a court finds that a violation of the terms and conditions of a suspended sentence or probation is based on such no-longer-technical violations, the court may revoke the suspension and impose or resuspend any or all of the period previously suspended.


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