SB1285: Restitution; supervised probation.
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-303, 19.2-304, 19.2-305, 19.2-305.1, and 19.2-368.15 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation.
A. After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence, require the defendant to make at least partial restitution to the aggrieved party or parties for damages or loss caused by the offense for which convicted, or to perform community service, or both, under terms and conditions which shall be entered in writing by the court. The defendant may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to § 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of § 19.2-298.01.
B. In any case where a defendant is convicted of an offense committed on or after July 1, 2017, and ordered to pay restitution pursuant to the provisions of § 19.2-305.1, the court shall place the defendant on an indefinite term of probation pursuant to subsection E of § 19.2-305.1.
C. The judge, after convicting the defendant of a felony, shall determine whether a copy of the defendant's fingerprints are on file at the Central Criminal Records Exchange. In any case where fingerprints are not on file, the judge shall require that fingerprints be taken as a condition of probation. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of § 19.2-390.
In those courts having electronic access to the Local Inmate
Data System (LIDS) within the courtroom, prior to or upon sentencing, the clerk
of court shall also determine by reviewing LIDS whether a blood, saliva, or
tissue sample has been taken for DNA analysis and submitted to 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. In any case in which
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 defendant appear within 30
days before the sheriff or probation officer and allow the sheriff or probation
officer to take the required sample. The order shall also require that, if the
defendant has not appeared and allowed the sheriff or probation officer to take
the required sample by the date stated in the order, then the sheriff or
probation officer shall report to the court the defendant's failure to appear
and provide the required sample.
D. After conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused on probation, place reasonable restrictions on those persons with whom the accused may have contact. Such restrictions may include prohibiting the accused from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in § 16.1-228, shall be permitted unless expressly prohibited by the court.
E. In any case where a defendant is convicted of a violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction is for a violation of clause (iii) of subsection A of § 18.2-61, subdivision A 1 of § 18.2-67.1, or subdivision A 1 of § 18.2-67.2, the court shall order that at least three years of the probation include active supervision of the defendant under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.
F. If a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation for such time as the court shall determine, or otherwise modify the sentence imposed.
G. If a person has been sentenced for a felony to the Department of Corrections but has not actually been transferred to a receiving unit of the Department, the court which heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation for such time as the court shall determine.
§ 19.2-304. Increasing or decreasing probation period and modification of conditions.
The court may subsequently increase or decrease the probation period and may revoke or modify any condition of probation, but only upon a hearing after reasonable notice to both the defendant and the attorney for the Commonwealth.
At any time during the indefinite term of probation ordered for the payment of restitution pursuant to subsection E of § 19.2-305.1, the defendant may be removed from such probation prior to paying all restitution and interest in full. The court may conduct a hearing on any motion for removing the defendant from probation or may dismiss the motion summarily without any hearing. The defendant and the attorney for the Commonwealth shall be provided reasonable notice of such hearing and the attorney for the Commonwealth shall notify the victim of any hearing. When considering whether to remove a defendant who has not paid restitution in full from probation, the court shall consider the original amount of restitution ordered, the amount of restitution paid, the defendant's payment history, the defendant's future ability to pay, any special circumstances that affect the defendant's ability to pay, the portion of the original sentence served by the defendant, and the portion of the original sentence that remains subject to revocation. At the conclusion of the hearing, the court may release the defendant from the indefinite term of probation if the moving party establishes that it would constitute a manifest injustice not to grant the motion.
§ 19.2-305. Requiring fines, costs, restitution for damages, support or community services from probationer.
A. While on probation the defendant may be required to pay in one or several sums a fine or costs, or both such fine and costs, imposed at the time of being placed on probation as a condition of such probation, and the failure of the defendant to pay such fine or costs, or both such fine and costs, at the prescribed time or times may be deemed a breach of such probation. The provisions of this subsection shall also apply to any person ordered to pay costs pursuant to § 19.2-303.3.
B. A defendant placed on probation following conviction may be required to make at least partial restitution or reparation to the aggrieved party or parties for damages or loss caused by the offense for which conviction was had, or may be required to provide for the support of his wife or others for whose support he may be legally responsible, or may be required to perform community services. The defendant may submit a proposal to the court for making restitution, for providing for support or for performing community services.
C. Where a court has placed a defendant on supervised probation and ordered a probation agency to monitor the defendant's payment of restitution, the probation agency shall notify the court and the attorney for the Commonwealth of the amount of any restitution that remains unsatisfied and the defendant's payment history 30 days prior to the defendant's release from supervision. Such notice shall be in writing, and the attorney for the Commonwealth shall provide a copy of such notice to the victim. In addition, where the agency requests that a defendant be removed from supervision prior to completion of the term ordered by the court, such request shall list the amount of any restitution that remains unsatisfied and include the defendant's payment history.
D. Where a court has ordered the payment of restitution and no probation agency is ordered to monitor the defendant's payment, if any restitution remains unsatisfied on the date upon which restitution is to be paid in full, the court shall schedule a hearing within 90 days of such date for the purpose of reviewing the defendant's noncompliance with the order.
E. No defendant shall be kept under supervised probation solely because of his failure to make full payment of fines, fees, or costs, provided that, following notice by the probation and parole officer to each court and attorney for the Commonwealth in whose jurisdiction any fines, fees, or costs are owed by the defendant, no such court or attorney for the Commonwealth objects to his removal from supervised probation.
§ 19.2-305.1. Restitution for property damage or loss; community service.
A. Notwithstanding any other provision of law, no person convicted of a crime in violation of any provision in Title 18.2, which resulted in property damage or loss, shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or loss, or shall be compelled to perform community services, or both, or shall submit a plan for doing that which appears to the court to be feasible under the circumstances.
B. Notwithstanding any other provision of law, any person who, on or after July 1, 1995, commits, and is convicted of, a crime in violation of any provision in Title 18.2 shall make at least partial restitution for any property damage or loss caused by the crime or for any medical expenses or expenses directly related to funeral or burial incurred by the victim or his estate as a result of the crime, may be compelled to perform community services and, if the court so orders, shall submit a plan for doing that which appears to be feasible to the court under the circumstances.
B1. Notwithstanding any other provision of law, any person, who on or after July 1, 2005 commits and is convicted of a crime in violation of § 18.2-248 involving the manufacture of any controlled substance, may be ordered, upon presentation of suitable evidence of such costs, by the court to reimburse the Commonwealth or the locality for the costs incurred by the jurisdiction, as the case may be, for the removal and remediation associated with the illegal manufacture of any controlled substance by the defendant.
B2. Notwithstanding any other provision of law, any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-138 for damage to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages. Any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-405, 18.2-407, or 18.2-408 in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, to which damage is caused during such riot or unlawful assembly. In any prosecution under § 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of the Division of Engineering and Buildings of the Department of General Services or the Division of Risk Management shall be admissible as evidence of value or extent of damages or cost of repairs to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police. For the purposes of this subsection, "Capitol Square" means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. "Capitol Square" includes the exterior of all state buildings that are at least 50 years old and bordering the boundary streets.
C. At or before the time of sentencing, the court shall receive and consider any plan for making restitution submitted by the defendant. The plan shall include the defendant's home address, place of employment and address, social security number and bank information. If the court finds such plan to be reasonable and practical under the circumstances, it may consider probation or suspension of whatever portion of the sentence that it deems appropriate. By order of the court incorporating the defendant's plan or a reasonable and practical plan devised by the court, the defendant shall make restitution while he is free on probation or work release or following his release from confinement. Additionally, the court may order that the defendant make restitution during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court at sentencing.
D. At the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof. If community service work is ordered, the court shall determine the terms and conditions upon which such work shall be performed. The court shall include such findings in the judgment order. The order shall specify that sums paid under such order shall be paid to the clerk, who shall disburse such sums as the court may, by order, direct. Any court desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs or providing restitution shall, at the time of sentencing, obtain the social security number of each defendant.
E. For any offense which occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation. Except as provided in § 19.2-304, no defendant shall be released from an indefinite term of probation until all ordered restitution and interest has been paid in full.
F. Unreasonable failure to execute the plan by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken.
E1. G. A defendant convicted of an offense under
§ 18.2-374.1, 18.2-374.1:1, or 18.2-374.3 shall be ordered to pay mandatory
restitution to the victim of the offense in an amount as determined by the
court. For purposes of this subsection, "victim" means a person who
is depicted in a still or videographic image involved in an offense under §
18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
The Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
F. H. If restitution is ordered to be paid by
the defendant to the victim of a crime and the victim can no longer be located
or identified, the clerk shall deposit any such restitution collected to the
Criminal Injuries Compensation Fund for the benefit of crime victims. The
administrator shall reserve a sum sufficient in the Fund from which he shall
make prompt payment to the victim for any proper claims. Before making the
deposit he shall record the name, last known address and amount of restitution
due each victim appearing from the clerk's report to be entitled to
restitution.
G. I. If restitution pursuant to § 19.2-305 or
this section is ordered to be paid by the defendant to the victim of a crime or
other entity, and the Criminal Injuries Compensation Fund has made any payments
to or on behalf of the victim for any loss, damage, or expenses included in the
restitution order, then upon presentation by the Fund of a written request that
sets forth the amount of payments made by the Fund to the victim or on the
victim's behalf, the entity collecting restitution shall pay to the Fund as
much of the restitution collected as will reimburse the Fund for its payments
made to the victim or on the victim's behalf.
§ 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected.
Acceptance of an award made pursuant to this chapter shall
subrogate the Commonwealth, to the extent of such award, to any right or right
of action accruing to the claimant or the victim to recover payments on account
of losses resulting from the crime with respect to which the award is made.
However, except as otherwise provided in subsection G I of §
19.2-305.1, the Commonwealth shall not institute any proceedings in connection
with its right of subrogation under this section within one year from the date
of commission of the crime, unless any claimant or victim's right or action
shall have been previously terminated. All funds collected by the Commonwealth
in a proceeding instituted pursuant to this section shall be paid over to the
Comptroller for deposit into the Criminal Injuries Compensation Fund.
Whenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under § 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund's lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by § 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to § 8.01-66.9. The Fund's lien shall become effective when notice is provided pursuant to § 8.01-66.5 and liability shall attach pursuant to § 8.01-66.6.
2. That the provisions of this act shall apply, as a pilot program, only in cases before the courts of the 16th Judicial Circuit.
3. That the provisions of the first and second enactments of this act shall expire on July 1, 2019.
4. That the Virginia State Crime Commission is directed to monitor the effect of this act and report its findings to the General Assembly by January 1, 2020.
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-303, 19.2-304, 19.2-305, 19.2-305.1, and 19.2-368.15 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation.
A. After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence, require the defendant to make at least partial restitution to the aggrieved party or parties for damages or loss caused by the offense for which convicted, or to perform community service, or both, under terms and conditions which shall be entered in writing by the court. The defendant may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to § 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of § 19.2-298.01.
B. In any case where a defendant is convicted of an offense committed on or after July 1, 2017, and ordered to pay restitution pursuant to the provisions of § 19.2-305.1, the court shall place the defendant on an indefinite term of probation pursuant to subsection E of § 19.2-305.1.
C. The judge, after convicting the defendant of a felony, shall determine whether a copy of the defendant's fingerprints are on file at the Central Criminal Records Exchange. In any case where fingerprints are not on file, the judge shall require that fingerprints be taken as a condition of probation. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of § 19.2-390.
In those courts having electronic access to the Local Inmate
Data System (LIDS) within the courtroom, prior to or upon sentencing, the clerk
of court shall also determine by reviewing LIDS whether a blood, saliva, or
tissue sample has been taken for DNA analysis and submitted to 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. In any case in which
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 defendant appear within 30
days before the sheriff or probation officer and allow the sheriff or probation
officer to take the required sample. The order shall also require that, if the
defendant has not appeared and allowed the sheriff or probation officer to take
the required sample by the date stated in the order, then the sheriff or
probation officer shall report to the court the defendant's failure to appear
and provide the required sample.
D. After conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused on probation, place reasonable restrictions on those persons with whom the accused may have contact. Such restrictions may include prohibiting the accused from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in § 16.1-228, shall be permitted unless expressly prohibited by the court.
E. In any case where a defendant is convicted of a violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction is for a violation of clause (iii) of subsection A of § 18.2-61, subdivision A 1 of § 18.2-67.1, or subdivision A 1 of § 18.2-67.2, the court shall order that at least three years of the probation include active supervision of the defendant under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.
F. If a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation for such time as the court shall determine, or otherwise modify the sentence imposed.
G. If a person has been sentenced for a felony to the Department of Corrections but has not actually been transferred to a receiving unit of the Department, the court which heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation for such time as the court shall determine.
§ 19.2-304. Increasing or decreasing probation period and modification of conditions.
The court may subsequently increase or decrease the probation period and may revoke or modify any condition of probation, but only upon a hearing after reasonable notice to both the defendant and the attorney for the Commonwealth.
At any time during the indefinite term of probation ordered for the payment of restitution pursuant to subsection E of § 19.2-305.1, the defendant may be removed from such probation prior to paying all restitution and interest in full. The court may conduct a hearing on any motion for removing the defendant from probation or may dismiss the motion summarily without any hearing. The defendant and the attorney for the Commonwealth shall be provided reasonable notice of such hearing and the attorney for the Commonwealth shall notify the victim of any hearing. When considering whether to remove a defendant who has not paid restitution in full from probation, the court shall consider the original amount of restitution ordered, the amount of restitution paid, the defendant's payment history, the defendant's future ability to pay, any special circumstances that affect the defendant's ability to pay, the portion of the original sentence served by the defendant, and the portion of the original sentence that remains subject to revocation. At the conclusion of the hearing, the court may release the defendant from the indefinite term of probation if the moving party establishes that it would constitute a manifest injustice not to grant the motion.
§ 19.2-305. Requiring fines, costs, restitution for damages, support or community services from probationer.
A. While on probation the defendant may be required to pay in one or several sums a fine or costs, or both such fine and costs, imposed at the time of being placed on probation as a condition of such probation, and the failure of the defendant to pay such fine or costs, or both such fine and costs, at the prescribed time or times may be deemed a breach of such probation. The provisions of this subsection shall also apply to any person ordered to pay costs pursuant to § 19.2-303.3.
B. A defendant placed on probation following conviction may be required to make at least partial restitution or reparation to the aggrieved party or parties for damages or loss caused by the offense for which conviction was had, or may be required to provide for the support of his wife or others for whose support he may be legally responsible, or may be required to perform community services. The defendant may submit a proposal to the court for making restitution, for providing for support or for performing community services.
C. Where a court has placed a defendant on supervised probation and ordered a probation agency to monitor the defendant's payment of restitution, the probation agency shall notify the court and the attorney for the Commonwealth of the amount of any restitution that remains unsatisfied and the defendant's payment history 30 days prior to the defendant's release from supervision. Such notice shall be in writing, and the attorney for the Commonwealth shall provide a copy of such notice to the victim. In addition, where the agency requests that a defendant be removed from supervision prior to completion of the term ordered by the court, such request shall list the amount of any restitution that remains unsatisfied and include the defendant's payment history.
D. Where a court has ordered the payment of restitution and no probation agency is ordered to monitor the defendant's payment, if any restitution remains unsatisfied on the date upon which restitution is to be paid in full, the court shall schedule a hearing within 90 days of such date for the purpose of reviewing the defendant's noncompliance with the order.
E. No defendant shall be kept under supervised probation solely because of his failure to make full payment of fines, fees, or costs, provided that, following notice by the probation and parole officer to each court and attorney for the Commonwealth in whose jurisdiction any fines, fees, or costs are owed by the defendant, no such court or attorney for the Commonwealth objects to his removal from supervised probation.
§ 19.2-305.1. Restitution for property damage or loss; community service.
A. Notwithstanding any other provision of law, no person convicted of a crime in violation of any provision in Title 18.2, which resulted in property damage or loss, shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or loss, or shall be compelled to perform community services, or both, or shall submit a plan for doing that which appears to the court to be feasible under the circumstances.
B. Notwithstanding any other provision of law, any person who, on or after July 1, 1995, commits, and is convicted of, a crime in violation of any provision in Title 18.2 shall make at least partial restitution for any property damage or loss caused by the crime or for any medical expenses or expenses directly related to funeral or burial incurred by the victim or his estate as a result of the crime, may be compelled to perform community services and, if the court so orders, shall submit a plan for doing that which appears to be feasible to the court under the circumstances.
B1. Notwithstanding any other provision of law, any person, who on or after July 1, 2005 commits and is convicted of a crime in violation of § 18.2-248 involving the manufacture of any controlled substance, may be ordered, upon presentation of suitable evidence of such costs, by the court to reimburse the Commonwealth or the locality for the costs incurred by the jurisdiction, as the case may be, for the removal and remediation associated with the illegal manufacture of any controlled substance by the defendant.
B2. Notwithstanding any other provision of law, any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-138 for damage to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages. Any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-405, 18.2-407, or 18.2-408 in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, to which damage is caused during such riot or unlawful assembly. In any prosecution under § 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of the Division of Engineering and Buildings of the Department of General Services or the Division of Risk Management shall be admissible as evidence of value or extent of damages or cost of repairs to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police. For the purposes of this subsection, "Capitol Square" means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. "Capitol Square" includes the exterior of all state buildings that are at least 50 years old and bordering the boundary streets.
C. At or before the time of sentencing, the court shall receive and consider any plan for making restitution submitted by the defendant. The plan shall include the defendant's home address, place of employment and address, social security number and bank information. If the court finds such plan to be reasonable and practical under the circumstances, it may consider probation or suspension of whatever portion of the sentence that it deems appropriate. By order of the court incorporating the defendant's plan or a reasonable and practical plan devised by the court, the defendant shall make restitution while he is free on probation or work release or following his release from confinement. Additionally, the court may order that the defendant make restitution during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court at sentencing.
D. At the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof. If community service work is ordered, the court shall determine the terms and conditions upon which such work shall be performed. The court shall include such findings in the judgment order. The order shall specify that sums paid under such order shall be paid to the clerk, who shall disburse such sums as the court may, by order, direct. Any court desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs or providing restitution shall, at the time of sentencing, obtain the social security number of each defendant.
E. For any offense which occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation. Except as provided in § 19.2-304, no defendant shall be released from an indefinite term of probation until all ordered restitution and interest has been paid in full.
F. Unreasonable failure to execute the plan by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken.
E1. G. A defendant convicted of an offense under
§ 18.2-374.1, 18.2-374.1:1, or 18.2-374.3 shall be ordered to pay mandatory
restitution to the victim of the offense in an amount as determined by the
court. For purposes of this subsection, "victim" means a person who
is depicted in a still or videographic image involved in an offense under §
18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
The Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
F. H. If restitution is ordered to be paid by
the defendant to the victim of a crime and the victim can no longer be located
or identified, the clerk shall deposit any such restitution collected to the
Criminal Injuries Compensation Fund for the benefit of crime victims. The
administrator shall reserve a sum sufficient in the Fund from which he shall
make prompt payment to the victim for any proper claims. Before making the
deposit he shall record the name, last known address and amount of restitution
due each victim appearing from the clerk's report to be entitled to
restitution.
G. I. If restitution pursuant to § 19.2-305 or
this section is ordered to be paid by the defendant to the victim of a crime or
other entity, and the Criminal Injuries Compensation Fund has made any payments
to or on behalf of the victim for any loss, damage, or expenses included in the
restitution order, then upon presentation by the Fund of a written request that
sets forth the amount of payments made by the Fund to the victim or on the
victim's behalf, the entity collecting restitution shall pay to the Fund as
much of the restitution collected as will reimburse the Fund for its payments
made to the victim or on the victim's behalf.
§ 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected.
Acceptance of an award made pursuant to this chapter shall
subrogate the Commonwealth, to the extent of such award, to any right or right
of action accruing to the claimant or the victim to recover payments on account
of losses resulting from the crime with respect to which the award is made.
However, except as otherwise provided in subsection G I of §
19.2-305.1, the Commonwealth shall not institute any proceedings in connection
with its right of subrogation under this section within one year from the date
of commission of the crime, unless any claimant or victim's right or action
shall have been previously terminated. All funds collected by the Commonwealth
in a proceeding instituted pursuant to this section shall be paid over to the
Comptroller for deposit into the Criminal Injuries Compensation Fund.
Whenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under § 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund's lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by § 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to § 8.01-66.9. The Fund's lien shall become effective when notice is provided pursuant to § 8.01-66.5 and liability shall attach pursuant to § 8.01-66.6.
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-303, 19.2-304, 19.2-305, 19.2-305.1, and 19.2-368.15 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation.
A. After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence, require the defendant to make at least partial restitution to the aggrieved party or parties for damages or loss caused by the offense for which convicted, or to perform community service, or both, under terms and conditions which shall be entered in writing by the court. The defendant may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to § 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of § 19.2-298.01.
B. In any case where a defendant is convicted of an offense committed on or after July 1, 2017, and ordered to pay restitution pursuant to the provisions of § 19.2-305.1, the court shall place the defendant on an indefinite term of probation pursuant to subsection E of § 19.2-305.1.
C. The judge, after convicting the defendant of a felony, shall determine whether a copy of the defendant's fingerprints are on file at the Central Criminal Records Exchange. In any case where fingerprints are not on file, the judge shall require that fingerprints be taken as a condition of probation. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of § 19.2-390.
In those courts having electronic access to the Local Inmate
Data System (LIDS) within the courtroom, prior to or upon sentencing, the clerk
of court shall also determine by reviewing LIDS whether a blood, saliva, or
tissue sample has been taken for DNA analysis and submitted to 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. In any case in which
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 defendant appear within 30
days before the sheriff or probation officer and allow the sheriff or probation
officer to take the required sample. The order shall also require that, if the
defendant has not appeared and allowed the sheriff or probation officer to take
the required sample by the date stated in the order, then the sheriff or
probation officer shall report to the court the defendant's failure to appear
and provide the required sample.
D. After conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused on probation, place reasonable restrictions on those persons with whom the accused may have contact. Such restrictions may include prohibiting the accused from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in § 16.1-228, shall be permitted unless expressly prohibited by the court.
E. In any case where a defendant is convicted of a violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction is for a violation of clause (iii) of subsection A of § 18.2-61, subdivision A 1 of § 18.2-67.1, or subdivision A 1 of § 18.2-67.2, the court shall order that at least three years of the probation include active supervision of the defendant under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.
F. If a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation for such time as the court shall determine, or otherwise modify the sentence imposed.
G. If a person has been sentenced for a felony to the Department of Corrections but has not actually been transferred to a receiving unit of the Department, the court which heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation for such time as the court shall determine.
§ 19.2-304. Increasing or decreasing probation period and modification of conditions.
The court may subsequently increase or decrease the probation period and may revoke or modify any condition of probation, but only upon a hearing after reasonable notice to both the defendant and the attorney for the Commonwealth.
At any time during the indefinite term of probation ordered for the payment of restitution pursuant to subsection E of § 19.2-305.1, the defendant may be removed from such probation prior to paying all restitution and interest in full. The court may conduct a hearing on any motion for removing the defendant from probation or may dismiss the motion summarily without any hearing. The defendant and the attorney for the Commonwealth shall be provided reasonable notice of such hearing and the attorney for the Commonwealth shall notify the victim of any hearing. When considering whether to remove a defendant who has not paid restitution in full from probation, the court shall consider the original amount of restitution ordered, the amount of restitution paid, the defendant's payment history, the defendant's future ability to pay, any special circumstances that affect the defendant's ability to pay, the portion of the original sentence served by the defendant, and the portion of the original sentence that remains subject to revocation. At the conclusion of the hearing, the court may release the defendant from the indefinite term of probation if the moving party establishes that it would constitute a manifest injustice not to grant the motion.
§ 19.2-305. Requiring fines, costs, restitution for damages, support or community services from probationer.
A. While on probation the defendant may be required to pay in one or several sums a fine or costs, or both such fine and costs, imposed at the time of being placed on probation as a condition of such probation, and the failure of the defendant to pay such fine or costs, or both such fine and costs, at the prescribed time or times may be deemed a breach of such probation. The provisions of this subsection shall also apply to any person ordered to pay costs pursuant to § 19.2-303.3.
B. A defendant placed on probation following conviction may be required to make at least partial restitution or reparation to the aggrieved party or parties for damages or loss caused by the offense for which conviction was had, or may be required to provide for the support of his wife or others for whose support he may be legally responsible, or may be required to perform community services. The defendant may submit a proposal to the court for making restitution, for providing for support or for performing community services.
C. Where a court has placed a defendant on supervised probation and ordered a probation agency to monitor the defendant's payment of restitution, the probation agency shall notify the court and the attorney for the Commonwealth of the amount of any restitution that remains unsatisfied and the defendant's payment history 30 days prior to the defendant's release from supervision. Such notice shall be in writing, and the attorney for the Commonwealth shall provide a copy of such notice to the victim. In addition, where the agency requests that a defendant be removed from supervision prior to completion of the term ordered by the court, such request shall list the amount of any restitution that remains unsatisfied and include the defendant's payment history.
D. Where a court has ordered the payment of restitution and no probation agency is ordered to monitor the defendant's payment, if any restitution remains unsatisfied on the date upon which restitution is to be paid in full, the court shall schedule a hearing within 90 days of such date for the purpose of reviewing the defendant's noncompliance with the order.
E. No defendant shall be kept under supervised probation solely because of his failure to make full payment of fines, fees, or costs, provided that, following notice by the probation and parole officer to each court and attorney for the Commonwealth in whose jurisdiction any fines, fees, or costs are owed by the defendant, no such court or attorney for the Commonwealth objects to his removal from supervised probation.
§ 19.2-305.1. Restitution for property damage or loss; community service.
A. Notwithstanding any other provision of law, no person convicted of a crime in violation of any provision in Title 18.2, which resulted in property damage or loss, shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or loss, or shall be compelled to perform community services, or both, or shall submit a plan for doing that which appears to the court to be feasible under the circumstances.
B. Notwithstanding any other provision of law, any person who, on or after July 1, 1995, commits, and is convicted of, a crime in violation of any provision in Title 18.2 shall make at least partial restitution for any property damage or loss caused by the crime or for any medical expenses or expenses directly related to funeral or burial incurred by the victim or his estate as a result of the crime, may be compelled to perform community services and, if the court so orders, shall submit a plan for doing that which appears to be feasible to the court under the circumstances.
B1. Notwithstanding any other provision of law, any person, who on or after July 1, 2005 commits and is convicted of a crime in violation of § 18.2-248 involving the manufacture of any controlled substance, may be ordered, upon presentation of suitable evidence of such costs, by the court to reimburse the Commonwealth or the locality for the costs incurred by the jurisdiction, as the case may be, for the removal and remediation associated with the illegal manufacture of any controlled substance by the defendant.
B2. Notwithstanding any other provision of law, any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-138 for damage to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages. Any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-405, 18.2-407, or 18.2-408 in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, to which damage is caused during such riot or unlawful assembly. In any prosecution under § 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of the Division of Engineering and Buildings of the Department of General Services or the Division of Risk Management shall be admissible as evidence of value or extent of damages or cost of repairs to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police. For the purposes of this subsection, "Capitol Square" means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. "Capitol Square" includes the exterior of all state buildings that are at least 50 years old and bordering the boundary streets.
C. At or before the time of sentencing, the court shall receive and consider any plan for making restitution submitted by the defendant. The plan shall include the defendant's home address, place of employment and address, social security number and bank information. If the court finds such plan to be reasonable and practical under the circumstances, it may consider probation or suspension of whatever portion of the sentence that it deems appropriate. By order of the court incorporating the defendant's plan or a reasonable and practical plan devised by the court, the defendant shall make restitution while he is free on probation or work release or following his release from confinement. Additionally, the court may order that the defendant make restitution during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court at sentencing.
D. At the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof. If community service work is ordered, the court shall determine the terms and conditions upon which such work shall be performed. The court shall include such findings in the judgment order. The order shall specify that sums paid under such order shall be paid to the clerk, who shall disburse such sums as the court may, by order, direct. Any court desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs or providing restitution shall, at the time of sentencing, obtain the social security number of each defendant.
E. For any offense which occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation. Except as provided in § 19.2-304, no defendant shall be released from an indefinite term of probation until all ordered restitution and interest has been paid in full.
F. Unreasonable failure to execute the plan by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken.
E1. G. A defendant convicted of an offense under
§ 18.2-374.1, 18.2-374.1:1, or 18.2-374.3 shall be ordered to pay mandatory
restitution to the victim of the offense in an amount as determined by the
court. For purposes of this subsection, "victim" means a person who
is depicted in a still or videographic image involved in an offense under §
18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
The Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
F. H. If restitution is ordered to be paid by
the defendant to the victim of a crime and the victim can no longer be located
or identified, the clerk shall deposit any such restitution collected to the
Criminal Injuries Compensation Fund for the benefit of crime victims. The
administrator shall reserve a sum sufficient in the Fund from which he shall
make prompt payment to the victim for any proper claims. Before making the
deposit he shall record the name, last known address and amount of restitution
due each victim appearing from the clerk's report to be entitled to
restitution.
G. I. If restitution pursuant to § 19.2-305 or
this section is ordered to be paid by the defendant to the victim of a crime or
other entity, and the Criminal Injuries Compensation Fund has made any payments
to or on behalf of the victim for any loss, damage, or expenses included in the
restitution order, then upon presentation by the Fund of a written request that
sets forth the amount of payments made by the Fund to the victim or on the
victim's behalf, the entity collecting restitution shall pay to the Fund as
much of the restitution collected as will reimburse the Fund for its payments
made to the victim or on the victim's behalf.
§ 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected.
Acceptance of an award made pursuant to this chapter shall
subrogate the Commonwealth, to the extent of such award, to any right or right
of action accruing to the claimant or the victim to recover payments on account
of losses resulting from the crime with respect to which the award is made.
However, except as otherwise provided in subsection G I of §
19.2-305.1, the Commonwealth shall not institute any proceedings in connection
with its right of subrogation under this section within one year from the date
of commission of the crime, unless any claimant or victim's right or action
shall have been previously terminated. All funds collected by the Commonwealth
in a proceeding instituted pursuant to this section shall be paid over to the
Comptroller for deposit into the Criminal Injuries Compensation Fund.
Whenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under § 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund's lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by § 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to § 8.01-66.9. The Fund's lien shall become effective when notice is provided pursuant to § 8.01-66.5 and liability shall attach pursuant to § 8.01-66.6.
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-303, 19.2-304, 19.2-305, 19.2-305.1, 19.2-306, and 19.2-368.15 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation.
A. After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence, require the defendant to make at least partial restitution to the aggrieved party or parties for damages or loss caused by the offense for which convicted, or to perform community service, or both, under terms and conditions which shall be entered in writing by the court. The defendant may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to § 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of § 19.2-298.01.
B. In any case where a defendant is convicted of an offense committed on or after July 1, 2017, and ordered to pay restitution pursuant to the provisions of § 19.2-305.1, the court shall place the defendant on an indefinite term of supervised probation pursuant to subsection E of § 19.2-305.1.
C. The judge, after convicting the defendant of a felony, shall determine whether a copy of the defendant's fingerprints are on file at the Central Criminal Records Exchange. In any case where fingerprints are not on file, the judge shall require that fingerprints be taken as a condition of probation. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of § 19.2-390.
In those courts having electronic access to the Local Inmate Data System (LIDS) within the courtroom, prior to or upon sentencing, the clerk of court shall also determine by reviewing LIDS whether a blood, saliva, or tissue sample has been taken for DNA analysis and submitted to 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. In any case in which 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 defendant appear within 30 days before the sheriff or probation officer and allow the sheriff or probation officer to take the required sample. The order shall also require that, if the defendant has not appeared and allowed the sheriff or probation officer to take the required sample by the date stated in the order, then the sheriff or probation officer shall report to the court the defendant's failure to appear and provide the required sample.
D. After conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused on probation, place reasonable restrictions on those persons with whom the accused may have contact. Such restrictions may include prohibiting the accused from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in § 16.1-228, shall be permitted unless expressly prohibited by the court.
E. In any case where a defendant is convicted of a violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction is for a violation of clause (iii) of subsection A of § 18.2-61, subdivision A 1 of § 18.2-67.1, or subdivision A 1 of § 18.2-67.2, the court shall order that at least three years of the probation include active supervision of the defendant under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.
F. If a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation for such time as the court shall determine, or otherwise modify the sentence imposed.
G. If a person has been sentenced for a felony to the Department of Corrections but has not actually been transferred to a receiving unit of the Department, the court which heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation for such time as the court shall determine.
§ 19.2-304. Increasing or decreasing probation period and modification of conditions.
The court may subsequently increase or decrease the probation period and may revoke or modify any condition of probation, but only upon a hearing after reasonable notice to both the defendant and the attorney for the Commonwealth. The court may take such action at any time within the probation period or within the period of suspension fixed by the court. If no period of probation or suspension was fixed by the court, then the court may take such action at any time before the maximum period for which the defendant might originally have been sentenced to be imprisoned has ended.
§ 19.2-305. Requiring fines, costs, restitution for damages, support or community services from probationer.
A. While on probation the defendant may be required to pay in one or several sums a fine or costs, or both such fine and costs, imposed at the time of being placed on probation as a condition of such probation, and the failure of the defendant to pay such fine or costs, or both such fine and costs, at the prescribed time or times may be deemed a breach of such probation. The provisions of this subsection shall also apply to any person ordered to pay costs pursuant to § 19.2-303.3.
B. A defendant placed on probation following conviction may be required to make at least partial restitution or reparation to the aggrieved party or parties for damages or loss caused by the offense for which conviction was had, or may be required to provide for the support of his wife or others for whose support he may be legally responsible, or may be required to perform community services. The defendant may submit a proposal to the court for making restitution, for providing for support or for performing community services.
C. No defendant shall be kept under supervised probation solely because of his failure to make full payment of fines, fees, or costs, provided that, following notice by the probation and parole officer to each court and attorney for the Commonwealth in whose jurisdiction any fines, fees, or costs are owed by the defendant, no such court or attorney for the Commonwealth objects to his removal from supervised probation.
D. At any time during the indefinite term of supervised probation ordered for the payment of restitution pursuant to subsection E of § 19.2-305.1 or subsection D of § 19.2-306, the defendant may file a motion to be removed from such probation prior to paying all restitution and interest in full. The court may conduct a hearing on the motion or may dismiss the motion summarily without any hearing. The defendant, attorney for the Commonwealth, and victim shall be provided reasonable notice of such hearing. The attorney for the Commonwealth shall notify the victim of any proceedings under this subsection. When considering whether to remove a defendant who has not paid restitution in full from supervised probation, the court shall consider the original amount of restitution ordered, the amount of restitution paid, the defendant's future ability to pay, any special circumstances that affect the defendant's ability to pay, the portion of the original sentence served by the defendant, and the portion of the original sentence that remains subject to revocation. At the conclusion of the hearing, and for good cause shown, the court may grant the motion and remove the defendant from the indefinite term of supervised probation.
§ 19.2-305.1. Restitution for property damage or loss; community service.
A. Notwithstanding any other provision of law, no person convicted of a crime in violation of any provision in Title 18.2, which resulted in property damage or loss, shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or loss, or shall be compelled to perform community services, or both, or shall submit a plan for doing that which appears to the court to be feasible under the circumstances.
B. Notwithstanding any other provision of law, any person who, on or after July 1, 1995, commits, and is convicted of, a crime in violation of any provision in Title 18.2 shall make at least partial restitution for any property damage or loss caused by the crime or for any medical expenses or expenses directly related to funeral or burial incurred by the victim or his estate as a result of the crime, may be compelled to perform community services and, if the court so orders, shall submit a plan for doing that which appears to be feasible to the court under the circumstances.
B1. Notwithstanding any other provision of law, any person, who on or after July 1, 2005 commits and is convicted of a crime in violation of § 18.2-248 involving the manufacture of any controlled substance, may be ordered, upon presentation of suitable evidence of such costs, by the court to reimburse the Commonwealth or the locality for the costs incurred by the jurisdiction, as the case may be, for the removal and remediation associated with the illegal manufacture of any controlled substance by the defendant.
B2. Notwithstanding any other provision of law, any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-138 for damage to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages. Any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-405, 18.2-407, or 18.2-408 in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, to which damage is caused during such riot or unlawful assembly. In any prosecution under § 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of the Division of Engineering and Buildings of the Department of General Services or the Division of Risk Management shall be admissible as evidence of value or extent of damages or cost of repairs to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police. For the purposes of this subsection, "Capitol Square" means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. "Capitol Square" includes the exterior of all state buildings that are at least 50 years old and bordering the boundary streets.
C. At or before the time of sentencing, the court shall receive and consider any plan for making restitution submitted by the defendant. The plan shall include the defendant's home address, place of employment and address, social security number and bank information. If the court finds such plan to be reasonable and practical under the circumstances, it may consider probation or suspension of whatever portion of the sentence that it deems appropriate. By order of the court incorporating the defendant's plan or a reasonable and practical plan devised by the court, the defendant shall make restitution while he is free on probation or work release or following his release from confinement. Additionally, the court may order that the defendant make restitution during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court at sentencing.
D. At the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof. If community service work is ordered, the court shall determine the terms and conditions upon which such work shall be performed. The court shall include such findings in the judgment order. The order shall specify that sums paid under such order shall be paid to the clerk, who shall disburse such sums as the court may, by order, direct. Any court desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs or providing restitution shall, at the time of sentencing, obtain the social security number of each defendant.
E. For any offense which occurs on or after July 1, 2017,
if restitution is ordered at the time of sentencing, the court shall place the
defendant on an indefinite term of supervised probation, not to exceed the
period of suspension fixed by the court pursuant to § 19.2-303.1, until all ordered
restitution and interest is paid in full. If no period of suspension was fixed
by the court, then the indefinite term of supervised probation shall not exceed
the maximum period for which the defendant might originally have been sentenced
to be imprisoned. If the offense for which the restitution was ordered is a
misdemeanor, (i) the court shall place the defendant on an indefinite term of
supervised probation or (ii) as an alternative, the court shall schedule a
hearing within 90 days of the date upon which restitution and interest is to be
paid in full for the purpose of reviewing compliance with the restitution
order. If a local probation agency does not serve the locality, then the court
that entered the order for restitution shall schedule a hearing within 90 days
of the date upon which restitution and interest is to be paid in full for the
purpose of reviewing compliance with the restitution order. The probation
agency assigned to the case shall review the case [ not less than
twice each year ] to ensure that restitution is
being paid as ordered. If the probation agency or the attorney for the
Commonwealth requests that a show cause or capias be issued for the defendant
for failure to comply with the restitution order, the court shall conduct a hearing
and promptly take any action necessary to compel compliance.
F. Except as provided in subsection D of § 19.2-305, no defendant shall be released from an indefinite term of supervised probation until all ordered restitution and interest has been paid in full. Prior to releasing the defendant from an indefinite term of supervised probation, the court shall verify with the clerk that all ordered restitution and interest has been paid in full.
G. Unreasonable failure to execute the plan by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken.
E1. H. A defendant convicted of an offense under
§ 18.2-374.1, 18.2-374.1:1, or 18.2-374.3 shall be ordered to pay mandatory
restitution to the victim of the offense in an amount as determined by the
court. For purposes of this subsection, "victim" means a person who
is depicted in a still or videographic image involved in an offense under §
18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
The Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
F. I. If restitution is ordered to be paid by
the defendant to the victim of a crime and the victim can no longer be located
or identified, the clerk shall deposit any such restitution collected to the
Criminal Injuries Compensation Fund for the benefit of crime victims. The
administrator shall reserve a sum sufficient in the Fund from which he shall
make prompt payment to the victim for any proper claims. Before making the
deposit he shall record the name, last known address and amount of restitution
due each victim appearing from the clerk's report to be entitled to
restitution.
G. J. If restitution pursuant to § 19.2-305 or
this section is ordered to be paid by the defendant to the victim of a crime or
other entity, and the Criminal Injuries Compensation Fund has made any payments
to or on behalf of the victim for any loss, damage, or expenses included in the
restitution order, then upon presentation by the Fund of a written request that
sets forth the amount of payments made by the Fund to the victim or on the
victim's behalf, the entity collecting restitution shall pay to the Fund as
much of the restitution collected as will reimburse the Fund for its payments
made to the victim or on the victim's behalf.
§ 19.2-306. Revocation of suspension of sentence and probation.
A. In any case in which the court has suspended the execution or imposition of sentence, the court may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court. If neither a probation period nor a period of suspension was fixed by the court, then the court may revoke the suspension for any cause the court deems sufficient that occurred within the maximum period for which the defendant might originally have been sentenced to be imprisoned.
B. The court may not conduct a hearing to revoke the suspension of sentence unless the court issues process to notify the accused or to compel his appearance before the court within one year after the expiration of the period of probation or the period of suspension or, in the case of a failure to pay restitution, within three years after such expiration. If neither a probation period nor a period of suspension was fixed by the court, then the court shall issue process within one year after the expiration of the maximum period for which the defendant might originally have been sentenced to be incarcerated. Such notice and service of process may be waived by the defendant, in which case the court may proceed to determine whether the defendant has violated the conditions of suspension.
C. If the court, after hearing, finds good cause to believe that the defendant has violated the terms of suspension, then: (i) if the court originally suspended the imposition of sentence, the court shall revoke the suspension, and the court may pronounce whatever sentence might have been originally imposed or (ii) if the court originally suspended the execution of the sentence, the court shall revoke the suspension and the original sentence shall be in full force and effect. The court may again suspend all or any part of this sentence and may place the defendant upon terms and conditions or probation.
D. For any alleged violation in which the original offense occurred on or after July 1, 2017, if the court, after a hearing, finds good cause to believe that the defendant has violated the terms of suspension or probation by failing to pay restitution as ordered pursuant to § 19.2-305.1 and the defendant continues to owe restitution, then, in addition to the actions authorized under subsection C, the court shall place the defendant on an indefinite term of supervised probation pursuant to the provisions of subsection E of § 19.2-305.1, until all ordered restitution and interest is paid in full.
E. If any court has, after hearing, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence or probation, then any further hearing to impose a sentence or revoke a suspended sentence or probation, based solely on the alleged violation for which the hearing was held, shall be barred.
E. F. Nothing contained herein shall be
construed to deprive any person of his right to appeal in the manner provided
by law to the circuit court having criminal jurisdiction from a judgment or
order revoking any suspended sentence.
§ 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected.
Acceptance of an award made pursuant to this chapter shall
subrogate the Commonwealth, to the extent of such award, to any right or right
of action accruing to the claimant or the victim to recover payments on account
of losses resulting from the crime with respect to which the award is made.
However, except as otherwise provided in subsection G J of §
19.2-305.1, the Commonwealth shall not institute any proceedings in connection
with its right of subrogation under this section within one year from the date
of commission of the crime, unless any claimant or victim's right or action
shall have been previously terminated. All funds collected by the Commonwealth
in a proceeding instituted pursuant to this section shall be paid over to the
Comptroller for deposit into the Criminal Injuries Compensation Fund.
Whenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under § 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund's lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by § 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to § 8.01-66.9. The Fund's lien shall become effective when notice is provided pursuant to § 8.01-66.5 and liability shall attach pursuant to § 8.01-66.6.
[ 2. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2017 by the General Assembly that becomes law. ]
SENATE BILL NO. 1285
Be it enacted by the General Assembly of Virginia:
1. That §§ 19.2-303, 19.2-304, 19.2-305, 19.2-305.1, 19.2-306, and 19.2-368.15 of the Code of Virginia are amended and reenacted as follows:
§ 19.2-303. Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation.
A. After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence, require the defendant to make at least partial restitution to the aggrieved party or parties for damages or loss caused by the offense for which convicted, or to perform community service, or both, under terms and conditions which shall be entered in writing by the court. The defendant may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to § 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of § 19.2-298.01.
B. In any case where a defendant is convicted of an offense committed on or after July 1, 2017, and ordered to pay restitution pursuant to the provisions of § 19.2-305.1, the court shall place the defendant on an indefinite term of supervised probation pursuant to subsection E of § 19.2-305.1.
C. The judge, after convicting the defendant of a felony, shall determine whether a copy of the defendant's fingerprints are on file at the Central Criminal Records Exchange. In any case where fingerprints are not on file, the judge shall require that fingerprints be taken as a condition of probation. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of § 19.2-390.
In those courts having electronic access to the Local Inmate Data System (LIDS) within the courtroom, prior to or upon sentencing, the clerk of court shall also determine by reviewing LIDS whether a blood, saliva, or tissue sample has been taken for DNA analysis and submitted to 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. In any case in which 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 defendant appear within 30 days before the sheriff or probation officer and allow the sheriff or probation officer to take the required sample. The order shall also require that, if the defendant has not appeared and allowed the sheriff or probation officer to take the required sample by the date stated in the order, then the sheriff or probation officer shall report to the court the defendant's failure to appear and provide the required sample.
D. After conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused on probation, place reasonable restrictions on those persons with whom the accused may have contact. Such restrictions may include prohibiting the accused from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in § 16.1-228, shall be permitted unless expressly prohibited by the court.
E. In any case where a defendant is convicted of a violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction is for a violation of clause (iii) of subsection A of § 18.2-61, subdivision A 1 of § 18.2-67.1, or subdivision A 1 of § 18.2-67.2, the court shall order that at least three years of the probation include active supervision of the defendant under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.
F. If a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation for such time as the court shall determine, or otherwise modify the sentence imposed.
G. If a person has been sentenced for a felony to the Department of Corrections but has not actually been transferred to a receiving unit of the Department, the court which heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation for such time as the court shall determine.
§ 19.2-304. Increasing or decreasing probation period and modification of conditions.
The court may subsequently increase or decrease the probation period and may revoke or modify any condition of probation, but only upon a hearing after reasonable notice to both the defendant and the attorney for the Commonwealth. The court may take such action at any time within the probation period or within the period of suspension fixed by the court. If no period of probation or suspension was fixed by the court, then the court may take such action at any time before the maximum period for which the defendant might originally have been sentenced to be imprisoned has ended.
§ 19.2-305. Requiring fines, costs, restitution for damages, support or community services from probationer.
A. While on probation the defendant may be required to pay in one or several sums a fine or costs, or both such fine and costs, imposed at the time of being placed on probation as a condition of such probation, and the failure of the defendant to pay such fine or costs, or both such fine and costs, at the prescribed time or times may be deemed a breach of such probation. The provisions of this subsection shall also apply to any person ordered to pay costs pursuant to § 19.2-303.3.
B. A defendant placed on probation following conviction may be required to make at least partial restitution or reparation to the aggrieved party or parties for damages or loss caused by the offense for which conviction was had, or may be required to provide for the support of his wife or others for whose support he may be legally responsible, or may be required to perform community services. The defendant may submit a proposal to the court for making restitution, for providing for support or for performing community services.
C. No defendant shall be kept under supervised probation solely because of his failure to make full payment of fines, fees, or costs, provided that, following notice by the probation and parole officer to each court and attorney for the Commonwealth in whose jurisdiction any fines, fees, or costs are owed by the defendant, no such court or attorney for the Commonwealth objects to his removal from supervised probation.
D. At any time during the indefinite term of supervised probation ordered for the payment of restitution pursuant to subsection E of § 19.2-305.1 or subsection D of § 19.2-306, the defendant may file a motion to be removed from such probation prior to paying all restitution and interest in full. The court may conduct a hearing on the motion or may dismiss the motion summarily without any hearing. The defendant, attorney for the Commonwealth, and victim shall be provided reasonable notice of such hearing. The attorney for the Commonwealth shall notify the victim of any proceedings under this subsection. When considering whether to remove a defendant who has not paid restitution in full from supervised probation, the court shall consider the original amount of restitution ordered, the amount of restitution paid, the defendant's future ability to pay, any special circumstances that affect the defendant's ability to pay, the portion of the original sentence served by the defendant, and the portion of the original sentence that remains subject to revocation. At the conclusion of the hearing, and for good cause shown, the court may grant the motion and remove the defendant from the indefinite term of supervised probation.
§ 19.2-305.1. Restitution for property damage or loss; community service.
A. Notwithstanding any other provision of law, no person convicted of a crime in violation of any provision in Title 18.2, which resulted in property damage or loss, shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or loss, or shall be compelled to perform community services, or both, or shall submit a plan for doing that which appears to the court to be feasible under the circumstances.
B. Notwithstanding any other provision of law, any person who, on or after July 1, 1995, commits, and is convicted of, a crime in violation of any provision in Title 18.2 shall make at least partial restitution for any property damage or loss caused by the crime or for any medical expenses or expenses directly related to funeral or burial incurred by the victim or his estate as a result of the crime, may be compelled to perform community services and, if the court so orders, shall submit a plan for doing that which appears to be feasible to the court under the circumstances.
B1. Notwithstanding any other provision of law, any person, who on or after July 1, 2005 commits and is convicted of a crime in violation of § 18.2-248 involving the manufacture of any controlled substance, may be ordered, upon presentation of suitable evidence of such costs, by the court to reimburse the Commonwealth or the locality for the costs incurred by the jurisdiction, as the case may be, for the removal and remediation associated with the illegal manufacture of any controlled substance by the defendant.
B2. Notwithstanding any other provision of law, any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-138 for damage to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages. Any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-405, 18.2-407, or 18.2-408 in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, to which damage is caused during such riot or unlawful assembly. In any prosecution under § 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of the Division of Engineering and Buildings of the Department of General Services or the Division of Risk Management shall be admissible as evidence of value or extent of damages or cost of repairs to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police. For the purposes of this subsection, "Capitol Square" means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. "Capitol Square" includes the exterior of all state buildings that are at least 50 years old and bordering the boundary streets.
C. At or before the time of sentencing, the court shall receive and consider any plan for making restitution submitted by the defendant. The plan shall include the defendant's home address, place of employment and address, social security number and bank information. If the court finds such plan to be reasonable and practical under the circumstances, it may consider probation or suspension of whatever portion of the sentence that it deems appropriate. By order of the court incorporating the defendant's plan or a reasonable and practical plan devised by the court, the defendant shall make restitution while he is free on probation or work release or following his release from confinement. Additionally, the court may order that the defendant make restitution during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court at sentencing.
D. At the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof. If community service work is ordered, the court shall determine the terms and conditions upon which such work shall be performed. The court shall include such findings in the judgment order. The order shall specify that sums paid under such order shall be paid to the clerk, who shall disburse such sums as the court may, by order, direct. Any court desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs or providing restitution shall, at the time of sentencing, obtain the social security number of each defendant.
E. For any offense which occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of supervised probation, not to exceed the period of suspension fixed by the court pursuant to § 19.2-303.1, until all ordered restitution and interest is paid in full. If no period of suspension was fixed by the court, then the indefinite term of supervised probation shall not exceed the maximum period for which the defendant might originally have been sentenced to be imprisoned. If the offense for which the restitution was ordered is a misdemeanor, (i) the court shall place the defendant on an indefinite term of supervised probation or (ii) as an alternative, the court shall schedule a hearing within 90 days of the date upon which restitution and interest is to be paid in full for the purpose of reviewing compliance with the restitution order. If a local probation agency does not serve the locality, then the court that entered the order for restitution shall schedule a hearing within 90 days of the date upon which restitution and interest is to be paid in full for the purpose of reviewing compliance with the restitution order. The probation agency assigned to the case shall review the case not less than twice each year to ensure that restitution is being paid as ordered. If the probation agency or the attorney for the Commonwealth requests that a show cause or capias be issued for the defendant for failure to comply with the restitution order, the court shall conduct a hearing and promptly take any action necessary to compel compliance.
F. Except as provided in subsection D of § 19.2-305, no defendant shall be released from an indefinite term of supervised probation until all ordered restitution and interest has been paid in full. Prior to releasing the defendant from an indefinite term of supervised probation, the court shall verify with the clerk that all ordered restitution and interest has been paid in full.
G. Unreasonable failure to execute the plan by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken.
E1. H. A
defendant convicted of an offense under § 18.2-374.1, 18.2-374.1:1, or
18.2-374.3 shall be ordered to pay mandatory restitution to the victim of the
offense in an amount as determined by the court. For purposes of this subsection,
"victim" means a person who is depicted in a still or videographic
image involved in an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
The Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.
F. I. If
restitution is ordered to be paid by the defendant to the victim of a crime and
the victim can no longer be located or identified, the clerk shall deposit any
such restitution collected to the Criminal Injuries Compensation Fund for the
benefit of crime victims. The administrator shall reserve a sum sufficient in
the Fund from which he shall make prompt payment to the victim for any proper
claims. Before making the deposit he shall record the name, last known address
and amount of restitution due each victim appearing from the clerk's report to
be entitled to restitution.
G. J. If
restitution pursuant to § 19.2-305 or this section is ordered to be paid by the
defendant to the victim of a crime or other entity, and the Criminal Injuries
Compensation Fund has made any payments to or on behalf of the victim for any
loss, damage, or expenses included in the restitution order, then upon
presentation by the Fund of a written request that sets forth the amount of
payments made by the Fund to the victim or on the victim's behalf, the entity
collecting restitution shall pay to the Fund as much of the restitution
collected as will reimburse the Fund for its payments made to the victim or on
the victim's behalf.
§ 19.2-306. Revocation of suspension of sentence and probation.
A. In any case in which the court has suspended the execution or imposition of sentence, the court may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court. If neither a probation period nor a period of suspension was fixed by the court, then the court may revoke the suspension for any cause the court deems sufficient that occurred within the maximum period for which the defendant might originally have been sentenced to be imprisoned.
B. The court may not conduct a hearing to revoke the suspension of sentence unless the court issues process to notify the accused or to compel his appearance before the court within one year after the expiration of the period of probation or the period of suspension or, in the case of a failure to pay restitution, within three years after such expiration. If neither a probation period nor a period of suspension was fixed by the court, then the court shall issue process within one year after the expiration of the maximum period for which the defendant might originally have been sentenced to be incarcerated. Such notice and service of process may be waived by the defendant, in which case the court may proceed to determine whether the defendant has violated the conditions of suspension.
C. If the court, after hearing, finds good cause to believe that the defendant has violated the terms of suspension, then: (i) if the court originally suspended the imposition of sentence, the court shall revoke the suspension, and the court may pronounce whatever sentence might have been originally imposed or (ii) if the court originally suspended the execution of the sentence, the court shall revoke the suspension and the original sentence shall be in full force and effect. The court may again suspend all or any part of this sentence and may place the defendant upon terms and conditions or probation.
D. For any alleged violation in which the original offense occurred on or after July 1, 2017, if the court, after a hearing, finds good cause to believe that the defendant has violated the terms of suspension or probation by failing to pay restitution as ordered pursuant to § 19.2-305.1 and the defendant continues to owe restitution, then, in addition to the actions authorized under subsection C, the court shall place the defendant on an indefinite term of supervised probation pursuant to the provisions of subsection E of § 19.2-305.1, until all ordered restitution and interest is paid in full.
E. If any court has, after hearing, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence or probation, then any further hearing to impose a sentence or revoke a suspended sentence or probation, based solely on the alleged violation for which the hearing was held, shall be barred.
E. F. Nothing
contained herein shall be construed to deprive any person of his right to
appeal in the manner provided by law to the circuit court having criminal
jurisdiction from a judgment or order revoking any suspended sentence.
§ 19.2-368.15. Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected.
Acceptance of an award made pursuant to this chapter shall
subrogate the Commonwealth, to the extent of such award, to any right or right
of action accruing to the claimant or the victim to recover payments on account
of losses resulting from the crime with respect to which the award is made.
However, except as otherwise provided in subsection G J
of § 19.2-305.1, the Commonwealth shall not institute any proceedings in
connection with its right of subrogation under this section within one year
from the date of commission of the crime, unless any claimant or victim's right
or action shall have been previously terminated. All funds collected by the
Commonwealth in a proceeding instituted pursuant to this section shall be paid
over to the Comptroller for deposit into the Criminal Injuries Compensation
Fund.
Whenever any person receives an award from the Criminal Injuries Compensation Fund, the Commonwealth shall have a lien for the total amount paid by the Fund, or any portion thereof compromised pursuant to the authority granted under § 2.2-514, on the claim of such injured person or his personal representative against the person, firm, or corporation who is alleged to have caused such injuries. The Fund's lien shall be inferior to any lien for payment of reasonable attorney fees and costs, but shall be superior to all other liens created by § 8.01-66.2. The injured person may file a petition or motion to reduce the lien and apportion the recovery pursuant to § 8.01-66.9. The Fund's lien shall become effective when notice is provided pursuant to § 8.01-66.5 and liability shall attach pursuant to § 8.01-66.6.