19.2-305.1 - Restitution for property damage or loss; community service.
§ 19.2-305.1. Restitution for property damage or loss; community service.
A. Notwithstanding any other provision of law, no person convicted of a crimein violation of any provision in Title 18.2, which resulted in propertydamage or loss, shall be placed on probation or have his sentence suspendedunless such person shall make at least partial restitution for such propertydamage or loss, or shall be compelled to perform community services, or both,or shall submit a plan for doing that which appears to the court to befeasible under the circumstances.
B. Notwithstanding any other provision of law, any person who, on or afterJuly 1, 1995, commits, and is convicted of, a crime in violation of anyprovision in Title 18.2 shall make at least partial restitution for anyproperty damage or loss caused by the crime or for any medical expenses orexpenses directly related to funeral or burial incurred by the victim or hisestate as a result of the crime, may be compelled to perform communityservices and, if the court so orders, shall submit a plan for doing thatwhich appears to be feasible to the court under the circumstances.
B1. Notwithstanding any other provision of law, any person, who on or afterJuly 1, 2005 commits and is convicted of a crime in violation of § 18.2-248involving the manufacture of any controlled substance, may be ordered, uponpresentation of suitable evidence of such costs, by the court to reimbursethe Commonwealth or the locality for the costs incurred by the jurisdiction,as the case may be, for the removal and remediation associated with theillegal manufacture of any controlled substance by the defendant.
C. At or before the time of sentencing, the court shall receive and considerany plan for making restitution submitted by the defendant. The plan shallinclude the defendant's home address, place of employment and address, socialsecurity number and bank information. If the court finds such plan to bereasonable and practical under the circumstances, it may consider probationor suspension of whatever portion of the sentence that it deems appropriate.By order of the court incorporating the defendant's plan or a reasonable andpractical plan devised by the court, the defendant shall make restitutionwhile he is free on probation or work release or following his release fromconfinement. Additionally, the court may order that the defendant makerestitution during his confinement, if feasible, based upon both his earningcapacity and net worth as determined by the court at sentencing.
D. At the time of sentencing, the court shall determine the amount to berepaid by the defendant and the terms and conditions thereof. If communityservice work is ordered, the court shall determine the terms and conditionsupon which such work shall be performed. The court shall include suchfindings in the judgment order. The order shall specify that sums paid undersuch order shall be paid to the clerk, who shall disburse such sums as thecourt may, by order, direct. Any court desiring to participate in the SetoffDebt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose ofcollecting fines or costs or providing restitution shall, at the time ofsentencing, obtain the social security number of each defendant.
E. Unreasonable failure to execute the plan by the defendant shall result inrevocation of the probation or imposition of the suspended sentence. Ahearing shall be held in accordance with the provisions of this Code relatingto revocation of probation or imposition of a suspended sentence beforeeither such action is taken.
F. If restitution is ordered to be paid by the defendant to the victim of acrime and the victim can no longer be located or identified, the clerk shalldeposit any such restitution collected to the Criminal Injuries CompensationFund for the benefit of crime victims. The administrator shall reserve a sumsufficient in the Fund from which he shall make prompt payment to the victimfor any proper claims. Before making the deposit he shall record the name,last known address and amount of restitution due each victim appearing fromthe clerk's report to be entitled to restitution.
(1977, c. 682; 1978, c. 131; 1981, c. 224; 1984, cc. 32, 269; 1994, c. 197;1995, cc. 434, 687; 2000, c. 775; 2002, cc. 810, 818; 2003, c. 982; 2005, c.591.)