Probation; Department of Corrections to develop supervision plan when offender placed on probation. (HB2567)

Introduced By

Del. Beverly Sherwood (R-Winchester)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Criminal procedure; probation. Requires the Department of Corrections to develop a supervision plan when an offender is placed on supervised probation, specifically for that offender, taking into account his offense and the results of any assessment conducted by the Department and setting out specific goals for the offender to achieve and credits towards reduction of the period of active supervision that may be earned. The maximum reduction of the period of active supervision is 50 percent. The bill gives the court authority to approve or disapprove the plan and to reduce the period of probation when the offender achieves the goals of the plan. Any offender convicted of abduction, rape, carnal knowledge of a child, forcible sodomy, object sexual penetration, aggravated sexual battery, or taking indecent liberties with children shall not be eligible for such a plan. Read the Bill »


Bill Has Failed


01/21/2009Presented and ordered printed 090538824
01/21/2009Referred to Committee for Courts of Justice
01/22/2009Referred to Committee for Courts of Justice
01/28/2009Assigned Courts sub: Criminal
02/02/2009Subcommittee recommends passing by indefinitely by voice vote
02/03/2009Impact statement from DPB (HB2567)
02/10/2009Left in Courts of Justice


L.L. writes:

This is a good bill that provides incentive for offenders to complete their requirements and behave themselves. However, I have to wonder about the inclusion of "carnal knowledge" among the excluded offenses. The other offenses are all ones deemed "sexually violent". However, only one portion of the "carnal knowledge" statute is considered violent. The other sections relate to young offenders, both juvenile and young adult (18-19), with less than a five year difference with the "victim". Those sections of 18.2-63 are NOT considered violent for registration purposes. I'm curious about why these young people convicted of consensual sex are being lumped in with rapists and other serious offenses.