{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-298.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-298.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-298.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-298.01.html"}],"law_id":64383,"edition_id":1,"section_id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","history":"1994, 2nd Sp. Sess., cc. 1, 2; 1996, c. 552; 1997, c. 345; 1998, cc. 200, 353; 1999, c. 286; 2007, c. 259; 2019, c. 618; 2023, c. 34.","full_text":"A\n\nIn all felony cases, other than Class 1 felonies, the court shall (i) have presented to it the appropriate discretionary sentencing guidelines worksheets and (ii) review and consider the suitability of the applicable discretionary sentencing guidelines established pursuant to Chapter 8 (§ 17.1-800 et seq.) of Title 17.1. Before imposing sentence or deferring disposition as authorized by § 18.2-251, 18.2-258.1, 19.2-298.02, or 19.2-303.6, the court shall state for the record that such review and consideration have been accomplished and shall make the completed worksheets a part of the record of the case and open for inspection. In cases tried by a jury, the jury shall not be presented any information regarding sentencing guidelines.B\n\nIn any felony case, other than Class 1 felonies, in which the court imposes a sentence which is either greater or less than that indicated by the discretionary sentencing guidelines, the court shall file with the record of the case a written explanation of such departure.C\n\nIn felony cases, other than Class 1 felonies, tried by a jury and in felony cases tried by the court without a jury upon a plea of not guilty, the court shall direct a probation officer of such court to prepare the discretionary sentencing guidelines worksheets. In felony cases tried upon a plea of guilty, including cases which are the subject of a plea agreement, the court shall direct a probation officer of such court to prepare the discretionary sentencing guidelines worksheets, or, with the concurrence of the accused, the court and the attorney for the Commonwealth, the worksheets shall be prepared by the attorney for the Commonwealth.D\n\nExcept as provided in subsection E, discretionary sentencing guidelines worksheets prepared pursuant to this section shall be subject to the same distribution as presentence investigation reports prepared pursuant to subsection A of § 19.2-299.E\n\nFollowing the entry of a final order of conviction and sentence in a felony case, or following a deferred disposition as authorized by § 18.2-251, 18.2-258.1, 19.2-298.02, or 19.2-303.6, the clerk of the circuit court in which the case was tried shall cause a copy of such order or orders, the original of the discretionary sentencing guidelines worksheets prepared in the case, and a copy of any departure explanation prepared pursuant to subsection B to be forwarded to the Virginia Criminal Sentencing Commission within five days. Similarly, the statement required by §§ 19.2-295 and 19.2-303 and regarding departure from or modification of a sentence fixed by a jury shall be forwarded to the Virginia Criminal Sentencing Commission.F\n\nThe failure to follow any or all of the provisions of this section or the failure to follow any or all of the provisions of this section in the prescribed manner shall not be reviewable on appeal or the basis of any other post-conviction relief.G\n\nThe provisions of this section shall apply only to felony cases in which the offense is committed on or after January 1, 1995, and for which there are discretionary sentencing guidelines. For purposes of the discretionary sentencing guidelines only, a person sentenced to a community corrections alternative program pursuant to § 19.2-316.4 shall be deemed to be sentenced to a term of incarceration.","order_by":null,"text":{"0":{"id":234296,"text":"In all felony cases, other than Class 1 felonies, the court shall (i) have presented to it the appropriate discretionary sentencing guidelines worksheets and (ii) review and consider the suitability of the applicable discretionary sentencing guidelines established pursuant to Chapter 8 (§ 17.1-800 et seq.) of Title 17.1. Before imposing sentence or deferring disposition as authorized by § 18.2-251, 18.2-258.1, 19.2-298.02, or 19.2-303.6, the court shall state for the record that such review and consideration have been accomplished and shall make the completed worksheets a part of the record of the case and open for inspection. In cases tried by a jury, the jury shall not be presented any information regarding sentencing guidelines.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234297,"text":"In any felony case, other than Class 1 felonies, in which the court imposes a sentence which is either greater or less than that indicated by the discretionary sentencing guidelines, the court shall file with the record of the case a written explanation of such departure.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":234298,"text":"In felony cases, other than Class 1 felonies, tried by a jury and in felony cases tried by the court without a jury upon a plea of not guilty, the court shall direct a probation officer of such court to prepare the discretionary sentencing guidelines worksheets. In felony cases tried upon a plea of guilty, including cases which are the subject of a plea agreement, the court shall direct a probation officer of such court to prepare the discretionary sentencing guidelines worksheets, or, with the concurrence of the accused, the court and the attorney for the Commonwealth, the worksheets shall be prepared by the attorney for the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":234299,"text":"Except as provided in subsection E, discretionary sentencing guidelines worksheets prepared pursuant to this section shall be subject to the same distribution as presentence investigation reports prepared pursuant to subsection A of § 19.2-299.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":234300,"text":"Following the entry of a final order of conviction and sentence in a felony case, or following a deferred disposition as authorized by § 18.2-251, 18.2-258.1, 19.2-298.02, or 19.2-303.6, the clerk of the circuit court in which the case was tried shall cause a copy of such order or orders, the original of the discretionary sentencing guidelines worksheets prepared in the case, and a copy of any departure explanation prepared pursuant to subsection B to be forwarded to the Virginia Criminal Sentencing Commission within five days. Similarly, the statement required by §§ 19.2-295 and 19.2-303 and regarding departure from or modification of a sentence fixed by a jury shall be forwarded to the Virginia Criminal Sentencing Commission.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":234301,"text":"The failure to follow any or all of the provisions of this section or the failure to follow any or all of the provisions of this section in the prescribed manner shall not be reviewable on appeal or the basis of any other post-conviction relief.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":234302,"text":"The provisions of this section shall apply only to felony cases in which the offense is committed on or after January 1, 1995, and for which there are discretionary sentencing guidelines. For purposes of the discretionary sentencing guidelines only, a person sentenced to a community corrections alternative program pursuant to § 19.2-316.4 shall be deemed to be sentenced to a term of incarceration.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; contents; uses","url":"\/19.2-299.1\/","token":"19.2\/18\/1\/19.2-299.1","metadata":false},{"id":71480,"structure_id":14013,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","url":"\/19.2-299.2\/","token":"19.2\/18\/1\/19.2-299.2","metadata":false},{"id":56093,"structure_id":14013,"section_number":"19.2-299.3","catch_line":"Report of arrest and conviction of school employees by probation and parole officers for certain offenses","url":"\/19.2-299.3\/","token":"19.2\/18\/1\/19.2-299.3","metadata":false},{"id":64531,"structure_id":14013,"section_number":"19.2-300","catch_line":"Deferring for mental examination sentence of person convicted of offense indicating sexual abnormality","url":"\/19.2-300\/","token":"19.2\/18\/1\/19.2-300","metadata":false},{"id":65087,"structure_id":14013,"section_number":"19.2-301","catch_line":"Judge shall require examination under \u00a7 19.2-300; by whom made; report; expenses of psychiatrist","url":"\/19.2-301\/","token":"19.2\/18\/1\/19.2-301","metadata":false},{"id":59002,"structure_id":14013,"section_number":"19.2-302","catch_line":"Construction and administration of \u00a7\u00a7 19.2-300 and 19.2-301","url":"\/19.2-302\/","token":"19.2\/18\/1\/19.2-302","metadata":false},{"id":63915,"structure_id":14013,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","url":"\/19.2-303\/","token":"19.2\/18\/1\/19.2-303","metadata":false},{"id":64740,"structure_id":14013,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","url":"\/19.2-303.01\/","token":"19.2\/18\/1\/19.2-303.01","metadata":false},{"id":74000,"structure_id":14013,"section_number":"19.2-303.02","catch_line":"Modification of conditions of suspended sentence or probation to require fingerprinting","url":"\/19.2-303.02\/","token":"19.2\/18\/1\/19.2-303.02","metadata":false},{"id":74432,"structure_id":14013,"section_number":"19.2-303.1","catch_line":"Fixing period of suspension of sentence","url":"\/19.2-303.1\/","token":"19.2\/18\/1\/19.2-303.1","metadata":false},{"id":55101,"structure_id":14013,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","url":"\/19.2-303.2\/","token":"19.2\/18\/1\/19.2-303.2","metadata":false},{"id":70874,"structure_id":14013,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","url":"\/19.2-303.3\/","token":"19.2\/18\/1\/19.2-303.3","metadata":false},{"id":63262,"structure_id":14013,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","url":"\/19.2-303.4\/","token":"19.2\/18\/1\/19.2-303.4","metadata":false},{"id":84397,"structure_id":14013,"section_number":"19.2-303.5","catch_line":"Expired","url":"\/19.2-303.5\/","token":"19.2\/18\/1\/19.2-303.5","metadata":false},{"id":73653,"structure_id":14013,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","url":"\/19.2-303.6\/","token":"19.2\/18\/1\/19.2-303.6","metadata":false},{"id":71283,"structure_id":14013,"section_number":"19.2-304","catch_line":"Increasing or decreasing probation period and modification of conditions","url":"\/19.2-304\/","token":"19.2\/18\/1\/19.2-304","metadata":false},{"id":75628,"structure_id":14013,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","url":"\/19.2-305\/","token":"19.2\/18\/1\/19.2-305","metadata":false},{"id":82621,"structure_id":14013,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","url":"\/19.2-305.1\/","token":"19.2\/18\/1\/19.2-305.1","metadata":false},{"id":59341,"structure_id":14013,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","url":"\/19.2-305.2\/","token":"19.2\/18\/1\/19.2-305.2","metadata":false},{"id":64153,"structure_id":14013,"section_number":"19.2-305.3","catch_line":"Repealed","url":"\/19.2-305.3\/","token":"19.2\/18\/1\/19.2-305.3","metadata":false},{"id":85689,"structure_id":14013,"section_number":"19.2-305.4","catch_line":"When interest to be paid on award of restitution","url":"\/19.2-305.4\/","token":"19.2\/18\/1\/19.2-305.4","metadata":false},{"id":66441,"structure_id":14013,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","url":"\/19.2-306\/","token":"19.2\/18\/1\/19.2-306","metadata":false},{"id":85808,"structure_id":14013,"section_number":"19.2-306.1","catch_line":"Limitation on sentence upon revocation of suspension of sentence; exceptions","url":"\/19.2-306.1\/","token":"19.2\/18\/1\/19.2-306.1","metadata":false},{"id":85846,"structure_id":14013,"section_number":"19.2-306.2","catch_line":"Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation","url":"\/19.2-306.2\/","token":"19.2\/18\/1\/19.2-306.2","metadata":false},{"id":56424,"structure_id":14013,"section_number":"19.2-307","catch_line":"Contents of judgment order","url":"\/19.2-307\/","token":"19.2\/18\/1\/19.2-307","metadata":false},{"id":78445,"structure_id":14013,"section_number":"19.2-308","catch_line":"When two or more sentences run concurrently","url":"\/19.2-308\/","token":"19.2\/18\/1\/19.2-308","metadata":false},{"id":79069,"structure_id":14013,"section_number":"19.2-308.1","catch_line":"When sentence may run concurrently with sentence in another jurisdiction","url":"\/19.2-308.1\/","token":"19.2\/18\/1\/19.2-308.1","metadata":false},{"id":86121,"structure_id":14013,"section_number":"19.2-309","catch_line":"Sentence of confinement for conviction of a combination of felony and misdemeanor offenses","url":"\/19.2-309\/","token":"19.2\/18\/1\/19.2-309","metadata":false},{"id":63077,"structure_id":14013,"section_number":"19.2-309.1","catch_line":"Sentence of confinement to jail farms maintained by the Cities of Danville, Martinsville and Newport News","url":"\/19.2-309.1\/","token":"19.2\/18\/1\/19.2-309.1","metadata":false},{"id":63650,"structure_id":14013,"section_number":"19.2-310","catch_line":"Transfer of prisoners to custody of Director of Department of Corrections","url":"\/19.2-310\/","token":"19.2\/18\/1\/19.2-310","metadata":false},{"id":65167,"structure_id":14013,"section_number":"19.2-310.01","catch_line":"Transmission of sentencing documents","url":"\/19.2-310.01\/","token":"19.2\/18\/1\/19.2-310.01","metadata":false},{"id":80141,"structure_id":14013,"section_number":"19.2-310.1","catch_line":"Repealed","url":"\/19.2-310.1\/","token":"19.2\/18\/1\/19.2-310.1","metadata":false}],"previous_section":{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},"next_section":{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-298.01\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 552<\/a>; in 1997, chapter 345<\/a>; in 1998, chapters 200<\/a> and 353<\/a>; in 1999, chapter 286<\/a>; in 2007, chapter 259<\/a>; in 2019, chapter 618<\/a>; in 2023, chapter 34<\/a>.<\/p>","references":[{"id":86382,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","order_by":null,"url":"\/16.1-300\/"},{"id":87014,"section_number":"16.1-305","catch_line":"Confidentiality of court records","order_by":null,"url":"\/16.1-305\/"},{"id":55876,"section_number":"17.1-100","catch_line":"Judicial performance evaluation program","order_by":null,"url":"\/17.1-100\/"},{"id":63915,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","order_by":null,"url":"\/19.2-303\/"},{"id":63594,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","order_by":null,"url":"\/19.2-389.1\/"},{"id":64557,"section_number":"19.2-389.3","catch_line":"(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","order_by":null,"url":"\/19.2-389.3\/"}],"refers_to":[{"id":67002,"section_number":"17.1-800","catch_line":"Virginia Criminal Sentencing Commission created","order_by":null,"url":"\/17.1-800\/"},{"id":68547,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-251\/"},{"id":61427,"section_number":"18.2-258.1","catch_line":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","order_by":null,"url":"\/18.2-258.1\/"},{"id":58209,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","order_by":null,"url":"\/19.2-295\/"},{"id":82939,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","order_by":null,"url":"\/19.2-298.02\/"},{"id":63915,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","order_by":null,"url":"\/19.2-303\/"},{"id":73653,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","order_by":null,"url":"\/19.2-303.6\/"},{"id":76761,"section_number":"19.2-316.4","catch_line":"Eligibility for participation in community corrections alternative program; evaluation; sentencing; withdrawal or removal from program; payment of costs","order_by":null,"url":"\/19.2-316.4\/"}],"permalink":{"id":169481,"object_type":"law","relational_id":64383,"identifier":"19.2-298.01","token":"19.2\/18\/1\/19.2-298.01","url":"\/19.2-298.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","dublin_core":{"Title":"Use of discretionary sentencing guidelines","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-298.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In all felony<\/span> cases, other than Class 1 felonies, the court<\/span> shall (i) have presented to it the appropriate discretionary sentencing guidelines<\/span> worksheets and (ii) review and consider the suitability of the applicable discretionary sentencing guidelines<\/span> established pursuant to Chapter 8 (§ 17.1-800<\/a> et seq.) of Title 17.1. Before imposing sentence or deferring disposition<\/span> as authorized by § 18.2-251<\/a>, 18.2-258.1<\/a>, 19.2-298.02<\/a>, or 19.2-303.6<\/a>, the court<\/span> shall state for the record that such review and consideration have been accomplished and shall make the completed worksheets a part of the record of the case and open for inspection. In cases tried by a jury<\/span>, the jury<\/span> shall not be presented any information regarding sentencing guidelines<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any felony<\/span> case, other than Class 1 felonies, in which the court<\/span> imposes a sentence which is either greater or less than that indicated by the discretionary sentencing guidelines<\/span>, the court<\/span> shall file with the record of the case a written explanation of such departure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In felony<\/span> cases, other than Class 1 felonies, tried by a jury<\/span> and in felony<\/span> cases tried by the court<\/span> without a jury<\/span> upon a plea<\/span> of not guilty, the court<\/span> shall direct a probation officer<\/span> of such court<\/span> to prepare the discretionary sentencing guidelines<\/span> worksheets. In felony<\/span> cases tried upon a plea<\/span> of guilty, including cases which are the subject of a plea<\/span> agreement, the court<\/span> shall direct a probation officer<\/span> of such court<\/span> to prepare the discretionary sentencing guidelines<\/span> worksheets, or, with the concurrence of the accused<\/span>, the court<\/span> and the attorney for the Commonwealth, the worksheets shall be prepared by the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in subsection E, discretionary sentencing guidelines<\/span> worksheets prepared pursuant to this section shall be subject to the same distribution as presentence investigation reports prepared pursuant to subsection A of § 19.2-299<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Following the entry of a final order<\/span> of conviction<\/span> and sentence in a felony<\/span> case, or following a deferred disposition<\/span> as authorized by § 18.2-251<\/a>, 18.2-258.1<\/a>, 19.2-298.02<\/a>, or 19.2-303.6<\/a>, the clerk of the circuit<\/span> court<\/span> in which the case was tried shall cause a copy of such order or orders<\/span>, the original of the discretionary sentencing guidelines<\/span> worksheets prepared in the case, and a copy of any departure explanation prepared pursuant to subsection B to be forwarded to the Virginia Criminal Sentencing Commission within five days. Similarly, the statement required by §§ 19.2-295<\/a> and 19.2-303<\/a> and regarding departure from or modification of a sentence fixed by a jury<\/span> shall be forwarded to the Virginia Criminal Sentencing Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The failure to follow any or all of the provisions of this section or the failure to follow any or all of the provisions of this section in the prescribed manner shall not be reviewable on appeal<\/span> or the basis of any other post-conviction<\/span> relief. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of this section shall apply only to felony<\/span> cases in which the offense<\/span> is committed on or after January 1, 1995, and for which there are discretionary sentencing guidelines<\/span>. For purposes of the discretionary sentencing guidelines<\/span> only, a person sentenced to a community corrections alternative program pursuant to § 19.2-316.4<\/a> shall be deemed to be sentenced to a term of incarceration. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF DISCRETIONARY SENTENCING GUIDELINES (\u00a7 19.2-298.01)\n\nA. In all felony cases, other than Class 1 felonies, the court shall (i) have\npresented to it the appropriate discretionary sentencing guidelines worksheets\nand (ii) review and consider the suitability of the applicable discretionary\nsentencing guidelines established pursuant to Chapter 8 (§ 17.1-800 et\nseq.) of Title 17.1. Before imposing sentence or deferring disposition as\nauthorized by § 18.2-251, 18.2-258.1, 19.2-298.02, or 19.2-303.6, the court\nshall state for the record that such review and consideration have been\naccomplished and shall make the completed worksheets a part of the record of the\ncase and open for inspection. In cases tried by a jury, the jury shall not be\npresented any information regarding sentencing guidelines.\n\nB. In any felony case, other than Class 1 felonies, in which the court imposes a\nsentence which is either greater or less than that indicated by the\ndiscretionary sentencing guidelines, the court shall file with the record of the\ncase a written explanation of such departure.\n\nC. In felony cases, other than Class 1 felonies, tried by a jury and in felony\ncases tried by the court without a jury upon a plea of not guilty, the court\nshall direct a probation officer of such court to prepare the discretionary\nsentencing guidelines worksheets. In felony cases tried upon a plea of guilty,\nincluding cases which are the subject of a plea agreement, the court shall\ndirect a probation officer of such court to prepare the discretionary sentencing\nguidelines worksheets, or, with the concurrence of the accused, the court and\nthe attorney for the Commonwealth, the worksheets shall be prepared by the\nattorney for the Commonwealth.\n\nD. Except as provided in subsection E, discretionary sentencing guidelines\nworksheets prepared pursuant to this section shall be subject to the same\ndistribution as presentence investigation reports prepared pursuant to\nsubsection A of § 19.2-299.\n\nE. Following the entry of a final order of conviction and sentence in a felony\ncase, or following a deferred disposition as authorized by § 18.2-251,\n18.2-258.1, 19.2-298.02, or 19.2-303.6, the clerk of the circuit court in which\nthe case was tried shall cause a copy of such order or orders, the original of\nthe discretionary sentencing guidelines worksheets prepared in the case, and a\ncopy of any departure explanation prepared pursuant to subsection B to be\nforwarded to the Virginia Criminal Sentencing Commission within five days.\nSimilarly, the statement required by §§ 19.2-295 and 19.2-303 and\nregarding departure from or modification of a sentence fixed by a jury shall be\nforwarded to the Virginia Criminal Sentencing Commission.\n\nF. The failure to follow any or all of the provisions of this section or the\nfailure to follow any or all of the provisions of this section in the prescribed\nmanner shall not be reviewable on appeal or the basis of any other\npost-conviction relief.\n\nG. The provisions of this section shall apply only to felony cases in which the\noffense is committed on or after January 1, 1995, and for which there are\ndiscretionary sentencing guidelines. For purposes of the discretionary\nsentencing guidelines only, a person sentenced to a community corrections\nalternative program pursuant to § 19.2-316.4 shall be deemed to be\nsentenced to a term of incarceration.\n\nHISTORY: 1994, 2nd Sp. Sess., cc. 1, 2; 1996, c. 552; 1997, c. 345; 1998, cc.\n200, 353; 1999, c. 286; 2007, c. 259; 2019, c. 618; 2023, c. 34.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}