2006 Code of Virginia § 19.2-303 - Suspension or modification of sentence; probation; taking of fingerprints as condition of probatio...

19.2-303. Suspension or modification of sentence; probation; taking offingerprints as condition of probation.

After conviction, whether with or without jury, the court may suspendimposition of sentence or suspend the sentence in whole or part and inaddition may place the defendant on probation under such conditions as thecourt shall determine or may, as a condition of a suspended sentence, requirethe defendant to make at least partial restitution to the aggrieved party orparties for damages or loss caused by the offense for which convicted, or toperform community service, or both, under terms and conditions which shall beentered in writing by the court. The judge, after convicting the defendant ofa felony, shall determine whether a copy of the defendant's fingerprints areon file at the Central Criminal Records Exchange. In any case wherefingerprints are not on file, the judge shall require that fingerprints betaken as a condition of probation. Such fingerprints shall be submitted tothe Central Criminal Records Exchange under the provisions of subsection D of 19.2-390.

After conviction and upon sentencing of an active participant or member of acriminal street gang, the court may, as a condition for suspending theimposition of the sentence in whole or in part or for placing the accused onprobation, place reasonable restrictions on those persons with whom theaccused may have contact. Such restrictions may include prohibiting theaccused from having contact with anyone whom he knows to be a member of acriminal street gang, except that contact with a family or household member,as defined in 16.1-228, shall be permitted unless expressly prohibited bythe court.

In any case where a defendant is convicted of a violation of 18.2-48,18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1,committed on or after July 1, 2006, and some portion of the sentence issuspended, the judge shall order that the period of suspension shall be for alength of time at least equal to the statutory maximum period for which thedefendant might originally have been sentenced to be imprisoned, and thedefendant shall be placed on probation for that period of suspension subjectto revocation by the court. The conditions of probation may include suchconditions as the court shall determine, including active supervision. Wherethe conviction is for a violation of clause (iii) of subsection A of 18.2-61, subdivision A 1 of 18.2-67.1, or subdivision A 1 of 18.2-67.2,the court shall order that at least three years of the probation includeactive supervision of the defendant under a postrelease supervision programoperated by the Department of Corrections, and for at least three years ofsuch active supervision, the defendant shall be subject to electronicmonitoring by means of a GPS (Global Positioning System) tracking device, orother similar device.

If a person is sentenced to jail upon conviction of a misdemeanor or afelony, the court may, at any time before the sentence has been completelyserved, suspend the unserved portion of any such sentence, place the personon probation for such time as the court shall determine, or otherwise modifythe sentence imposed.

If a person has been sentenced for a felony to the Department of Correctionsbut has not actually been transferred to a receiving unit of the Department,the court which heard the case, if it appears compatible with the publicinterest and there are circumstances in mitigation of the offense, may, atany time before the person is transferred to the Department, suspend orotherwise modify the unserved portion of such a sentence. The court may placethe person on probation for such time as the court shall determine.

(1975, c. 495; 1982, cc. 458, 636; 1983, c. 431; 1984, c. 32; 1992, c. 391;1993, c. 448; 2006, cc. 436, 483, 853, 914.)