2006 Code of Virginia § 19.2-295.2 - Postrelease supervision of felons sentenced for offenses committed on and after January 1, 1995, an...

19.2-295.2. Postrelease supervision of felons sentenced for offensescommitted on and after January 1, 1995, and on and after July 1, 2000.

A. At the time the court imposes sentence upon a conviction for any felonyoffense committed (i) on or after January 1, 1995, the court may, and (ii) onor after July 1, 2000, shall, in addition to any other punishment imposed ifsuch other punishment includes an active term of incarceration in a state orlocal correctional facility, except in cases in which the court orders asuspended term of confinement of at least six months, impose a term ofpostrelease supervision of not less than six months nor more than threeyears, as the court may determine. Such additional term shall be suspendedand the defendant placed under postrelease supervision upon release from theactive term of incarceration. The period of supervision shall be establishedby the court; however, such period shall not be less than six months nor morethan three years. Periods of postrelease supervision imposed pursuant to thissection upon more than one felony conviction may be ordered to runconcurrently. Periods of postrelease supervision imposed pursuant to thissection may be ordered to run concurrently with any period of probation thedefendant may also be subject to serve.

B. The period of postrelease supervision shall be under the supervision andreview of the Virginia Parole Board. The Board shall review each felon priorto release and establish conditions of postrelease supervision. Failure tosuccessfully abide by such terms and conditions shall be grounds to terminatethe period of postrelease supervision and recommit the defendant to theDepartment of Corrections or to the local correctional facility from which hewas previously released. Procedures for any such termination and recommitmentshall be conducted in the same manner as procedures for the revocation ofparole.

C. Postrelease supervision programs shall be operated through the probationand parole districts established pursuant to 53.1-141.

D. Nothing in this section shall be construed to prohibit the court fromexercising any authority otherwise granted by law.

(1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 2000, c. 767.)

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