19.2-303.5 - (Expires July 1, 2012) Immediate sanction probation programs.
§ 19.2-303.5. (Expires July 1, 2012) Immediate sanction probation programs.
There may be established in the Commonwealth up to two immediate sanctionprobation programs in accordance with the following provisions:
1. As a condition of a sentence suspended pursuant to § 19.2-303, a court mayorder a defendant convicted of a crime, other than a violent crime as definedin subsection C of § 17.1-805, to participate in an immediate sanctionprobation program.
2. If a participating offender fails to comply with any term or condition ofhis probation and the alleged probation violation is not that the offendercommitted a new crime or infraction, (i) his probation officer shallimmediately issue a noncompliance letter pursuant to § 53.1-149 authorizinghis arrest at any location in the Commonwealth and (ii) his probationviolation hearing shall take priority on the court's docket. The probationofficer may, in any event, exercise any other lawful authority he may havewith respect to the offender.
3. When a participating offender is arrested pursuant to subdivision 2, thecourt shall conduct an immediate sanction hearing unless (i) the allegedprobation violation is that the offender committed a new crime or infraction;(ii) the alleged probation violation is that the offender absconded for morethan seven days; or (iii) the offender, attorney for the Commonwealth, or thecourt objects to such immediate sanction hearing. If the court conducts animmediate sanction hearing, it shall proceed pursuant to subdivision 4.Otherwise, the court shall proceed pursuant to § 19.2-306.
4. At the immediate sanction hearing, the court shall receive thenoncompliance letter, which shall be admissible as evidence, and may receiveother evidence. If the court finds good cause to believe that the offenderhas violated the terms or conditions of his probation, it may (i) revoke nomore than 30 days of the previously suspended sentence and (ii) continue ormodify any existing terms and conditions of probation. If the court does notmodify the terms and conditions of probation or remove the defendant from theprogram, the previously ordered terms and conditions of probation shallcontinue to apply. The court may remove the offender from the immediatesanction probation program at any time.
5. The provisions of this section shall expire on July 1, 2012.
(2010, c. 845.)