CODE OF VIRGINIA

SENTENCE TO LOCAL COMMUNITY-BASED PROBATION SERVICES; SERVICES AGENCY;
REQUIREMENTS FOR PARTICIPATION; SENTENCING; AND REMOVAL FROM PROBATION; PAYMENT
OF COSTS TOWARDS SUPERVISION AND SERVICES (§ 19.2-303.3)

A. Any offender who is (i) convicted on or after July 1, 1995, of a misdemeanor
or a felony that is not a felony act of violence as defined in § 19.2-297.1,
and for which the court imposes a total sentence of 12 months or less, and (ii)
no younger than 18 years of age or is considered an adult at the time of
conviction may be sentenced to a local community-based probation services agency
established pursuant to § 9.1-174 by the local governing bodies within that
judicial district or circuit.

B. In those courts having electronic access to the Local Inmate Data System
(LIDS) within the courtroom, at the time of sentencing, the clerk of court shall
determine by reviewing LIDS, in any case where there is a felony conviction,
whether a sample of the offender’s blood, saliva, or tissue or an analysis
of the sample is stored in the DNA data bank maintained by the Department of
Forensic Science pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18
of this title. If the clerk has determined that a DNA sample or analysis is not
stored in the DNA data bank, or in any case in which electronic access to LIDS
is not available in the courtroom, the court shall order that the offender
appear within 30 days before the sheriff or community-based probation officer
and allow the sheriff or community-based probation officer to take the required
sample. The order shall also require that, if the offender has not appeared and
allowed the sheriff or community-based probation officer to take the required
sample by the date stated in the order, then the sheriff or community-based
probation officer shall report to the court the offender’s failure to
appear and provide the required sample. The court may order the offender placed
under local community-based probation services pursuant to § 9.1-174 upon a
determination by the court that the offender may benefit from these services and
is capable of returning to society as a productive citizen with a reasonable
amount of supervision and intervention including services set forth in §
9.1-176. All or part of any sentence imposed that has been suspended, shall be
conditioned upon the offender’s successful completion of local
community-based probation services established pursuant to § 9.1-174.The court
may impose terms and conditions of supervision as it deems appropriate,
including that the offender abide by any additional requirements of supervision
imposed or established by the local community-based probation services agency
during the period of probation supervision.

C. Any sworn officer of a local community-based probation services agency
established or operated pursuant to the Comprehensive Community Corrections Act
for Local-Responsible Offenders (§ 9.1-173 et seq.) may seek a capias from any
judicial officer for the arrest of any person on local community-based probation
and under its supervision for (i) intractable behavior; (ii) refusal to comply
with the terms and conditions imposed by the court; (iii) refusal to comply with
the requirements of local community-based probation supervision established by
the agency; or (iv) the commission of a new offense while on local
community-based probation and under agency supervision. Upon arrest, the
offender shall be brought for a hearing before the court of appropriate
jurisdiction. After finding that the offender (a) exhibited intractable behavior
as defined herein; (b) refused to comply with terms and conditions imposed by
the court; (c) refused to comply with the requirements of local community-based
probation supervision established by the agency; or (d) committed a new offense
while on local community-based probation and under agency supervision, the court
may revoke all or part of the suspended sentence and supervision, and commit the
offender to serve whatever sentence was originally imposed or impose such other
terms and conditions of probation as it deems appropriate or, in a case where
the proceeding has been deferred, enter an adjudication of guilt and proceed as
otherwise provided by law.”Intractable behavior” is that behavior
that, in the determination of the court, indicates an offender’s
unwillingness or inability to conform his behavior to that which is necessary
for successful completion of local community-based probation or that the
offender’s behavior is so disruptive as to threaten the successful
completion of the program by other participants.

D. An offender sentenced to or provided a deferred proceeding and placed on
community-based probation pursuant to this section may be required to pay an
amount towards the costs of his supervision and services received in accordance
with subsection D of § 9.1-182.

HISTORY: 1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1999, c. 372; 2000,
c. 1040; 2006, c. 883; 2007, cc. 133, 528.