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Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
995055352Be 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. (Effective July 1, 1999) 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 and shall when there has been a trial
on the merits, 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.