Immediate sanction probation program; established. (HB927)
Introduced By
Del. Rob Bell (R-Charlottesville)
Progress
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Introduced |
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Passed Committee |
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Passed House |
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Passed Senate |
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Signed by Governor |
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Became Law |
Description
Expedited review of probation violations. Provides that as a condition of suspension of sentence pursuant to 19.2-303, a defendant may participate in expedited review of probation violations. An offender may request expedited review or the court, on its own motion may recommend participation by the offender. Any offender who participates in expedited review shall agree, in the event he is arrested for a violation of the conditions of his probation, (i) to an expedited hearing before the court, (ii) that he shall not be entitled to counsel unless he waives participation in expedited review, (iii) that he shall not be entitled to release on bail pending the hearing, (iv) that an affidavit prepared by his probation and parole officer detailing the offense for which he was arrested may be received into evidence without the officer's testimony, (v) that the expedited review process is not authorized for new criminal offenses, and (vi) that he may be subject to random and more frequent drug testing. Such an offender would serve no more than 30 days in jail for a probation offense and would be eligible for reduced sanctions after demonstration of compliance with terms and conditions of probation. View Full Text »
Comments
I'm trying to wrap my mind around this. It prevents extended sentences for probation violators (a good thing), saves DOC funds (a good thing), and probably saves money on court-appointed counsel (good) while eliminating the offender's judicial rights (a BAD thing). Is that correct? Am I missing something?
There has been some experience in other places with probation systems that value immediate consequences rather than harsh consequences. They work VERY well, and result in more people successfully completing probation and fewer people in jail.
This is actually very similar to the model used in the Drug Court in Albemarle and Charlottesville that Rob keeps trying to defund, so I am not sure what is going on. Maybe he has seen the light?
So this really does not cover ANY old law Parole violators right?