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2020 SESSION
20108238DBe it enacted by the General Assembly of Virginia:
1. That § 19.2-295.2:1 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-295.2:1. Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006.
A. For offenses committed on or after July 1, 2006:
1. At the time the court imposes a sentence upon a conviction
for a first violation of subsection A of § 18.2-472.1 the court shall impose an
added term of postrelease supervision incarceration of six
months.
2. For a second or subsequent violation of subsection A of §
18.2-472.1 when both violations occurred after July 1, 2006, or a first
violation of subsection B of § 18.2-472.1, the court shall impose an added term
of postrelease supervision by the Department of Corrections
incarceration of two years.
3. For a second or subsequent violation of subsection B of §
18.2-472.1 when both violations occurred after July 1, 2006, the court shall
impose an added term of postrelease supervision by the Department of
Corrections incarceration of five years.
Any terms of postrelease supervision incarceration
imposed pursuant to this section shall be in addition to any other punishment
imposed, including any periods of active incarceration or suspended periods of
incarceration, if any.
B. The court shall order that any term of postrelease
supervision incarceration imposed pursuant to this section be
suspended, and the defendant be placed on active supervision under a
postrelease supervision program operated by the Department of Corrections. The
court shall order that the defendant be subject to electronic monitoring by
means of a GPS (Global Positioning System) tracking device, or other similar device
during this period of postrelease supervision. Failure to successfully abide by
the terms and conditions of the postrelease supervision program shall be
grounds to terminate the period of postrelease supervision and recommit the
defendant to the Department of Corrections or to a local correctional facility.
Procedures for any such termination shall be conducted after a hearing in the
court which originally sentenced the defendant, conducted in a manner
consistent with a revocation hearing under § 19.2-306, mutatis mutandis.
C. Nothing in this section shall be construed to prohibit the court from exercising any authority otherwise granted by law.