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 if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill also provides that if a court finds that a defendant has absconded from the jurisdiction of the court, the court may extend the period of probation or suspended sentence for a period not to exceed the length of time that such defendant absconded. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration but such limitation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.

Statutes affected:
House: Prefiled and ordered printed; offered 01/13/21 21102555D: 19.2-303, 19.2-303.1, 19.2-306
House: Committee substitute printed 21103781D-H1: 19.2-303, 19.2-303.1, 19.2-306
House: Floor substitute printed 21104033D-H2 (Scott): 19.2-303, 19.2-303.1, 19.2-306
Senate: Committee substitute printed 21200410D-S1: 19.2-303, 19.2-303.1, 19.2-306
House: Bill text as passed House and Senate (HB2038ER): 19.2-303, 19.2-303.1, 19.2-306
House: Reenrolled bill text (HB2038ER2): 19.2-303, 19.2-303.1, 19.2-306
Governor: Acts of Assembly Chapter text (CHAP0538): 19.2-303, 19.2-303.1, 19.2-306