Probation, revocation, and suspension of sentence; limitations. (HB2038)

Introduced By

Del. Don Scott (D-Portsmouth) with support from co-patrons Del. Lamont Bagby (D-Richmond), Del. Sam Rasoul (D-Roanoke), Del. Shelly Simonds (D-Newport News), Sen. Jennifer Boysko (D-Herndon), and Sen. Louise Lucas (D-Portsmouth)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that a court may not impose a sentence of incarceration for a first technical violation and may impose no more than (i) 14 days for a second violation or (ii) 30 days for a third or subsequent violation. Additionally, for a third or subsequent technical violation, a court may impose any sentencing alternatives that were available at the time of initial sentencing. The bill also provides that a court may place a defendant on probation for a period of not more than the maximum period for which the defendant may have been sentenced, or not more than five years, whichever is less. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original judgment order. Read the Bill »

Status

01/12/2021: Awaiting a Vote in the Courts of Justice Committee

History

DateAction
01/12/2021Prefiled and ordered printed; offered 01/13/21 21102555D
01/12/2021Referred to Committee for Courts of Justice

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