SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2023 SESSION

  • | print version

HB 1718 Community corrections alternative program; defendants required to enter into and complete program.

Introduced by: Nadarius Clark-Resigned 3/17 | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Community corrections alternative program. Requires defendants to enter into and complete the community corrections alternative program ("CCAP") after (i) a recommendation from the Department of Corrections ("Department"), (ii) a determination by the court that the defendant will benefit from the community corrections alternative program and is capable of returning to society as a productive citizen following successful completion of the program, and (iii) the defendant would otherwise be committed to the Department. The bill provides that if the defendant is removed from the program for intractable behavior or failure to comply with the terms and conditions of probation, the court shall show cause the defendant to show cause why his probation and suspension of sentence should not be revoked.

The bill also directs the Parole Board to require violators to enter into and complete CCAP upon the same above conditions; the Parole Board may revoke parole or mandatory release and recommit the violator upon removal from the program by the Department for intractable behavior or failure to comply with the terms and conditions of parole or mandatory release.

Current law allows defendants/parole violators to be placed on probation conditioned upon entry and successful competition of CCAP and directs the court to require a defendant to show cause why his probation and suspension of sentence should not be revoked on the grounds of his voluntary withdrawal from the program.


FULL TEXT

AMENDMENTS

HISTORY