2006 Code of Virginia § 19.2-303.3 - Sentence to local community-based probation agency; services agency; requirements for participation...

19.2-303.3. Sentence to local community-based probation agency; servicesagency; requirements for participation; sentencing; and removal fromprobation; payment of costs.

A. Any offender who is (i) convicted on or after July 1, 1995, of amisdemeanor or a felony that is not a felony act of violence as defined in 19.2-297.1, and for which the court imposes a total sentence of 12 months orless, and (ii) no younger than 18 years of age or is considered an adult atthe time of conviction may be sentenced to a local community-based probationservices agency established pursuant to 9.1-174 by the local governingbodies within that judicial district or circuit.

B. Prior to or at the time of sentencing, the court may order the offenderplaced in a local community-based probation program pursuant to 9.1-174upon a determination by the court that the offender may benefit from theprogram and is capable of returning to society as a productive citizen with areasonable amount of supervision and intervention including programs andservices set forth in 9.1-176. All or part of any sentence imposed that hasbeen suspended, shall be conditioned upon the offender's successfulcompletion of any program established pursuant to 9.1-174.

The court may impose terms and conditions of supervision as it deemsappropriate, including that the offender abide by any additional requirementsof supervision imposed or established by the program during the period ofprobation supervision.

C. Any sworn officer of a local probation agency established or operatedpursuant to the Comprehensive Community Corrections Act for Local-ResponsibleOffenders ( 9.1-173 et seq.) may seek a capias from any judicial officer forthe arrest of any person on probation and under its supervision for (i)intractable behavior; (ii) refusal to comply with the terms and conditionsimposed by the court; (iii) refusal to comply with the requirements of localprobation supervision established by the agency; or (iv) the commission of anew offense while on local probation and under agency supervision. Uponarrest, the offender shall be brought for a hearing before the court ofappropriate jurisdiction. After finding that the offender (a) exhibitedintractable behavior as defined herein; (b) refused to comply with terms andconditions imposed by the court; (c) refused to comply with the requirementsof local probation supervision established by the agency; or (d) committed anew offense while on local probation and under agency supervision, the courtmay revoke all or part of the suspended sentence and supervision, and committhe offender to serve whatever sentence was originally imposed or impose suchother terms and conditions of supervision as it deems appropriate or, in acase where the proceeding has been deferred, enter an adjudication of guiltand proceed as otherwise provided by law.

"Intractable behavior" is that behavior that, in the determination of thecourt, indicates an offender's unwillingness or inability to conform hisbehavior to that which is necessary for successful completion of probation orthat the offender's behavior is so disruptive as to threaten the successfulcompletion of the program by other participants.

D. An offender sentenced to or provided a deferred proceeding and placed onprobation pursuant to this section may be required to pay an amount towardsthe costs of his supervision and services received in accordance withsubsection D of 9.1-182.

(1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1999, c. 372; 2000, c.1040; 2006, c. 883.)