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1999 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-299 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-299. Investigations and reports by probation officers in certain cases.
A. When a person is tried in a circuit court upon a felony charge or upon a
charge of assault and battery in violation of §§ 18.2-57, 18.2-57.1 or §
18.2-57.2, stalking in violation of § 18.2-60.3, sexual battery in violation of
§ 18.2-67.4, attempted sexual battery in violation of § 18.2-67.5, or maiming
or driving while intoxicated in violation of § 18.2-51.4 or § 18.2-266, and is
adjudged guilty of such charge, the court shall, before imposing sentence, the
court may when there is a plea agreement between the defendant and the Commonwealth and shall when the
defendant pleads guilty without a plea agreement or is found guilty by the
court after a plea of not guilty direct a probation
officer of such court to thoroughly investigate and report upon the history of
the accused, including a report of the accused's criminal record as an adult
and available juvenile court records, and all other relevant facts, to fully
advise the court so the court may determine the appropriate sentence to be
imposed. The probation officer, after having furnished a copy of this report at
least five days prior to sentencing to counsel for the accused and the attorney
for the Commonwealth for their permanent use, shall submit his report in
advance of the sentencing hearing to the judge in chambers, who shall keep such
report confidential. The probation officer shall be available to testify from
this report in open court in the presence of the accused, who shall have been
advised of its contents and be given the right to cross-examine the
investigating officer as to any matter contained therein and to present any
additional facts bearing upon the matter. The report of the investigating
officer shall at all times be kept confidential by each recipient, and shall be
filed as a part of the record in the case. Any report so filed shall be sealed
upon the entry of the sentencing order by the court and made available only by
court order, except that such reports or copies thereof shall be available at
any time to any criminal justice agency, as defined in § 9-169, of this or any
other state or of the United States; and to any agency where the accused is
referred for treatment by the court or by probation and parole services,; and
shall be made available to counsel for any person who has been indicted jointly
for the same felony as the person subject to the report. Any report prepared pursuant
to the provisions hereof shall without court order be made available to counsel for
the person who is the subject of the report if that person is charged with a
felony subsequent to the time of the preparation of the report. The presentence
report shall be in a form prescribed by the Department of Corrections. In all
cases where such report is not ordered, a simplified report shall be prepared
on a form prescribed by the Department of Corrections.
B. As a part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony, the court probation officer shall advise any victim of such offense in writing that he may submit to the Virginia Parole Board a written request (i) to be given the opportunity to submit to the Board a written statement in advance of any parole hearing describing the impact of the offense upon him and his opinion regarding the defendant's release and (ii) to receive copies of such other notifications pertaining to the defendant as the Board may provide pursuant to subsection B of § 53.1-155.
C. As part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony drug offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, the presentence report shall include any known association of the defendant with illicit drug operations or markets.
D. As a part of any presentence investigation conducted pursuant to subsection A, when the offense for which the defendant was convicted was a felony, not a capital offense, committed on or after July 1, 1999, the defendant shall be required to undergo a substance abuse screening and assessment pursuant to § 18.2-251.01.