Probation violations; periods of probation and suspension, technical violations. (HB1242)

Introduced By

Del. Don Scott (D-Portsmouth)

Progress

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

Description

Probation violations; periods of probation and suspension; technical violations. Provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any offense; however, the court may fix the period of probation or suspension for up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor if the sentence does not include any active period of incarceration. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense. The bill also specifies that a probationer's failure to maintain contact with the probation officer without reasonable excuse or justification whereby his whereabouts are no longer known to the probation officer shall not be treated as a technical violation; accordingly, if the court finds the basis of a violation is a probationer's failure to maintain such contact without reasonable excuse or justification, then the court is not subject to the limitations on sentencing and may revoke the suspension and impose or resuspend any or all of the period previously suspended. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/19/2022Committee
01/19/2022Presented and ordered printed 22104530D
01/19/2022Referred to Committee for Courts of Justice
01/28/2022Impact statement from VCSC (HB1242)
01/28/2022Stricken from docket by Courts of Justice (18-Y 0-N) (see vote tally)

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