{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-299.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-299.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-299.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-299.html"}],"law_id":75041,"edition_id":1,"section_id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","history":"Code 1950, \u00a7 53-278.1; 1952, c. 233; 1972, c. 516; 1974, c. 121; 1975, cc. 371, 495; 1979, c. 286; 1980, c. 733; 1981, c. 263; 1983, c. 541; 1987, c. 676; 1989, c. 169; 1991, cc. 43, 229; 1992, c. 77; 1993, cc. 466, 492; 1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 687, 778; 1997, c. 691; 1998, cc. 783, 840; 1999, cc. 891, 903, 913; 2001, c. 647; 2003, cc. 146, 613; 2004, cc. 308, 459, 819; 2005, cc. 188, 219, 631; 2006, cc. 99, 863, 914, 916; 2010, c. 223; 2017, c. 45; 2019, c. 107; 2021, Sp. Sess. I, cc. 344, 345, 523, 540.","full_text":"A\n\nWhen a person is tried in a circuit court (i) upon a charge of assault and battery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of § 18.2-67.5, or driving while intoxicated in violation of § 18.2-266, and is adjudged guilty of such charge, unless waived by the court and the defendant and the attorney for the Commonwealth, the court may, or on motion of the defendant shall; or (ii) upon a felony charge not set forth in subdivision (iii) below, the court may when there is a plea agreement between the defendant and the Commonwealth and shall, unless waived by the defendant and the attorney for the Commonwealth, when the defendant pleads guilty or nolo contendere without a plea agreement or is found guilty by the court after a plea of not guilty or nolo contendere; or (iii) the court shall when a person is charged and adjudged guilty of a felony violation, or conspiracy to commit or attempt to commit a felony violation, of § 18.2-46.2, 18.2-46.3, 18.2-48, clause (2) or (3) of § 18.2-49, § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4:1, 18.2-67.5, 18.2-67.5:1, 18.2-355, 18.2-356, 18.2-357, 18.2-361, 18.2-362, 18.2-366, 18.2-368, 18.2-370, 18.2-370.1, or 18.2-370.2, or any attempt to commit or conspiracy to commit any felony violation of § 18.2-67.5, 18.2-67.5:2, or 18.2-67.5:3, direct a probation officer of such court to thoroughly investigate and report upon the history of the accused, including a report of the accused’s criminal record as an adult and available juvenile court records, any information regarding the accused’s participation or membership in a criminal street gang as defined in § 18.2-46.1, and all other relevant facts, to fully advise the court so the court may determine the appropriate sentence to be imposed. Unless the defendant or the attorney for the Commonwealth objects, the court may order that the report contain no more than the defendant’s criminal history, any history of substance abuse, any physical or health-related problems as may be pertinent, including any diagnoses of an intellectual or developmental disability as defined in § 37.2-100, and any applicable sentencing guideline worksheets. This expedited report shall be subject to all the same procedures as all other sentencing reports and sentencing guidelines worksheets. The probation officer, after having furnished a copy of this report at least five days prior to sentencing to counsel for the accused and the attorney for the Commonwealth for their permanent use, shall submit his report in advance of the sentencing hearing to the judge in chambers, who shall keep such report confidential. Counsel for the accused may provide the accused with a copy of the presentence report. The probation officer shall be available to testify from this report in open court in the presence of the accused, who shall have been provided with a copy of the presentence report by his counsel or advised of its contents and be given the right to cross-examine the investigating officer as to any matter contained therein and to present any additional facts bearing upon the matter. The report of the investigating officer shall at all times be kept confidential by each recipient, and shall be filed as a part of the record in the case. Any report so filed shall be made available only by court order and shall be sealed upon final order by the court, except that such reports or copies thereof shall be available at any time to any criminal justice agency, as defined in § 9.1-101, of this or any other state or of the United States; to any agency where the accused is referred for treatment by the court or by probation and parole services; and to counsel for any person who has been indicted jointly for the same felony as the person subject to the report. Subject to the limitations set forth in § 37.2-901, any report prepared pursuant to the provisions hereof shall without court order be made available to counsel for the person who is the subject of the report if that person (a) is charged with a felony subsequent to the time of the preparation of the report or (b) has been convicted of the crime or crimes for which the report was prepared and is pursuing a post-conviction remedy. Such report shall be made available for review without a court order to incarcerated persons who are eligible for release by the Virginia Parole Board, or such person’s counsel, pursuant to regulations promulgated by the Virginia Parole Board for that purpose. The presentence report shall be in a form prescribed by the Department of Corrections. In all cases where such report is not ordered, a simplified report shall be prepared on a form prescribed by the Department of Corrections. For the purposes of this subsection, information regarding the accused’s participation or membership in a criminal street gang may include the characteristics, specific rivalries, common practices, social customs and behavior, terminology, and types of crimes that are likely to be committed by that criminal street gang.B\n\nAs a part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony, the court probation officer shall advise any victim of such offense in writing that he may submit to the Virginia Parole Board a written request (i) to be given the opportunity to submit to the Board a written statement in advance of any parole hearing describing the impact of the offense upon him and his opinion regarding the defendant’s release and (ii) to receive copies of such other notifications pertaining to the defendant as the Board may provide pursuant to subsection B of § 53.1-155.C\n\nAs part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony drug offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, the presentence report shall include any known association of the defendant with illicit drug operations or markets.D\n\nAs a part of any presentence investigation conducted pursuant to subsection A, when the offense for which the defendant was convicted was a felony, not a Class 1 felony, committed on or after January 1, 2000, the defendant shall be required to undergo a substance abuse screening pursuant to § 18.2-251.01.","order_by":null,"text":{"0":{"id":269530,"text":"When a person is tried in a circuit court (i) upon a charge of assault and battery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of § 18.2-60.3, sexual battery in violation of § 18.2-67.4, attempted sexual battery in violation of § 18.2-67.5, or driving while intoxicated in violation of § 18.2-266, and is adjudged guilty of such charge, unless waived by the court and the defendant and the attorney for the Commonwealth, the court may, or on motion of the defendant shall; or (ii) upon a felony charge not set forth in subdivision (iii) below, the court may when there is a plea agreement between the defendant and the Commonwealth and shall, unless waived by the defendant and the attorney for the Commonwealth, when the defendant pleads guilty or nolo contendere without a plea agreement or is found guilty by the court after a plea of not guilty or nolo contendere; or (iii) the court shall when a person is charged and adjudged guilty of a felony violation, or conspiracy to commit or attempt to commit a felony violation, of § 18.2-46.2, 18.2-46.3, 18.2-48, clause (2) or (3) of § 18.2-49, § 18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4:1, 18.2-67.5, 18.2-67.5:1, 18.2-355, 18.2-356, 18.2-357, 18.2-361, 18.2-362, 18.2-366, 18.2-368, 18.2-370, 18.2-370.1, or 18.2-370.2, or any attempt to commit or conspiracy to commit any felony violation of § 18.2-67.5, 18.2-67.5:2, or 18.2-67.5:3, direct a probation officer of such court to thoroughly investigate and report upon the history of the accused, including a report of the accused’s criminal record as an adult and available juvenile court records, any information regarding the accused’s participation or membership in a criminal street gang as defined in § 18.2-46.1, and all other relevant facts, to fully advise the court so the court may determine the appropriate sentence to be imposed. Unless the defendant or the attorney for the Commonwealth objects, the court may order that the report contain no more than the defendant’s criminal history, any history of substance abuse, any physical or health-related problems as may be pertinent, including any diagnoses of an intellectual or developmental disability as defined in § 37.2-100, and any applicable sentencing guideline worksheets. This expedited report shall be subject to all the same procedures as all other sentencing reports and sentencing guidelines worksheets. The probation officer, after having furnished a copy of this report at least five days prior to sentencing to counsel for the accused and the attorney for the Commonwealth for their permanent use, shall submit his report in advance of the sentencing hearing to the judge in chambers, who shall keep such report confidential. Counsel for the accused may provide the accused with a copy of the presentence report. The probation officer shall be available to testify from this report in open court in the presence of the accused, who shall have been provided with a copy of the presentence report by his counsel or advised of its contents and be given the right to cross-examine the investigating officer as to any matter contained therein and to present any additional facts bearing upon the matter. The report of the investigating officer shall at all times be kept confidential by each recipient, and shall be filed as a part of the record in the case. Any report so filed shall be made available only by court order and shall be sealed upon final order by the court, except that such reports or copies thereof shall be available at any time to any criminal justice agency, as defined in § 9.1-101, of this or any other state or of the United States; to any agency where the accused is referred for treatment by the court or by probation and parole services; and to counsel for any person who has been indicted jointly for the same felony as the person subject to the report. Subject to the limitations set forth in § 37.2-901, any report prepared pursuant to the provisions hereof shall without court order be made available to counsel for the person who is the subject of the report if that person (a) is charged with a felony subsequent to the time of the preparation of the report or (b) has been convicted of the crime or crimes for which the report was prepared and is pursuing a post-conviction remedy. Such report shall be made available for review without a court order to incarcerated persons who are eligible for release by the Virginia Parole Board, or such person’s counsel, pursuant to regulations promulgated by the Virginia Parole Board for that purpose. The presentence report shall be in a form prescribed by the Department of Corrections. In all cases where such report is not ordered, a simplified report shall be prepared on a form prescribed by the Department of Corrections. For the purposes of this subsection, information regarding the accused’s participation or membership in a criminal street gang may include the characteristics, specific rivalries, common practices, social customs and behavior, terminology, and types of crimes that are likely to be committed by that criminal street gang.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269531,"text":"As a part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony, the court probation officer shall advise any victim of such offense in writing that he may submit to the Virginia Parole Board a written request (i) to be given the opportunity to submit to the Board a written statement in advance of any parole hearing describing the impact of the offense upon him and his opinion regarding the defendant’s release and (ii) to receive copies of such other notifications pertaining to the defendant as the Board may provide pursuant to subsection B of § 53.1-155.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":269532,"text":"As part of any presentence investigation conducted pursuant to subsection A when the offense for which the defendant was convicted was a felony drug offense set forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, the presentence report shall include any known association of the defendant with illicit drug operations or markets.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":269533,"text":"As a part of any presentence investigation conducted pursuant to subsection A, when the offense for which the defendant was convicted was a felony, not a Class 1 felony, committed on or after January 1, 2000, the defendant shall be required to undergo a substance abuse screening pursuant to § 18.2-251.01.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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; 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contents; uses","url":"\/19.2-299.1\/","token":"19.2\/18\/1\/19.2-299.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-299\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 25 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 1952, chapter 233; in 1972, chapter 516; in 1974, chapter 121; in 1975, chapters 371 and 495; in 1979, chapter 286; in 1980, chapter 733; in 1981, chapter 263; in 1983, chapter 541; in 1987, chapter 676; in 1989, chapter 169; in 1991, chapters 43 and 229; in 1992, chapter 77; in 1993, chapters 466 and 492; in 1995, chapters 687<\/a> and 778<\/a>; in 1997, chapter 691<\/a>; in 1998, chapters 783<\/a> and 840<\/a>; in 1999, chapters 891<\/a>, 903<\/a>, and 913<\/a>; in 2001, chapter 647<\/a>; in 2003, chapters 146<\/a> and 613<\/a>; in 2004, chapters 308<\/a>, 459<\/a>, and 819<\/a>; in 2005, chapters 188<\/a>, 219<\/a>, and 631<\/a>; in 2006, chapters 99<\/a>, 863<\/a>, 914<\/a>, and 916<\/a>; in 2010, chapter 223<\/a>; in 2017, chapter 45<\/a>; in 2019, chapter 107<\/a>.<\/p>","references":[{"id":86382,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","order_by":null,"url":"\/16.1-300\/"},{"id":86392,"section_number":"19.2-294.2","catch_line":"Procedure when aliens convicted of certain felonies; duties of probation and parole officer","order_by":null,"url":"\/19.2-294.2\/"},{"id":67741,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; contents; uses","order_by":null,"url":"\/19.2-299.1\/"},{"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\/"},{"id":83516,"section_number":"32.1-283.1","catch_line":"State Child Fatality Review Team; membership; access to and maintenance of records; confidentiality; etc","order_by":null,"url":"\/32.1-283.1\/"},{"id":60499,"section_number":"32.1-283.5","catch_line":"Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc","order_by":null,"url":"\/32.1-283.5\/"},{"id":74829,"section_number":"32.1-283.8","catch_line":"Maternal Mortality Review Team; duties; membership; confidentiality; penalties; report; etc","order_by":null,"url":"\/32.1-283.8\/"},{"id":82101,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","order_by":null,"url":"\/37.2-314.1\/"},{"id":73492,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","order_by":null,"url":"\/53.1-131\/"}],"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":82839,"section_number":"18.2-251.01","catch_line":"Substance abuse screening and assessment for felony convictions","order_by":null,"url":"\/18.2-251.01\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":57212,"section_number":"18.2-355","catch_line":"Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking","order_by":null,"url":"\/18.2-355\/"},{"id":59657,"section_number":"18.2-356","catch_line":"Receiving money for procuring person; penalties","order_by":null,"url":"\/18.2-356\/"},{"id":62200,"section_number":"18.2-357","catch_line":"Receiving money from earnings of male or female prostitute; penalties","order_by":null,"url":"\/18.2-357\/"},{"id":55287,"section_number":"18.2-361","catch_line":"Crimes against nature; penalty","order_by":null,"url":"\/18.2-361\/"},{"id":86356,"section_number":"18.2-362","catch_line":"Person marrying when spouse is living; penalty; venue","order_by":null,"url":"\/18.2-362\/"},{"id":76153,"section_number":"18.2-366","catch_line":"Sexual intercourse by persons forbidden to marry; incest; penalties","order_by":null,"url":"\/18.2-366\/"},{"id":55653,"section_number":"18.2-368","catch_line":"Placing or leaving spouse for prostitution; penalty","order_by":null,"url":"\/18.2-368\/"},{"id":60265,"section_number":"18.2-370","catch_line":"Taking indecent liberties with children; penalties","order_by":null,"url":"\/18.2-370\/"},{"id":80307,"section_number":"18.2-370.1","catch_line":"Taking indecent liberties with child by person in custodial or supervisory relationship; penalties","order_by":null,"url":"\/18.2-370.1\/"},{"id":86551,"section_number":"18.2-370.2","catch_line":"Sex offenses prohibiting proximity to children; penalty","order_by":null,"url":"\/18.2-370.2\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":60069,"section_number":"18.2-46.2","catch_line":"Prohibited criminal street gang participation; penalty","order_by":null,"url":"\/18.2-46.2\/"},{"id":70242,"section_number":"18.2-46.3","catch_line":"Recruitment of persons for criminal street gang; penalty","order_by":null,"url":"\/18.2-46.3\/"},{"id":59389,"section_number":"18.2-48","catch_line":"Abduction with intent to extort money or for immoral purpose","order_by":null,"url":"\/18.2-48\/"},{"id":64917,"section_number":"18.2-49","catch_line":"Threatening, attempting, or assisting in such abduction; penalty","order_by":null,"url":"\/18.2-49\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":76651,"section_number":"18.2-63","catch_line":"Carnal knowledge of child between thirteen and fifteen years of age","order_by":null,"url":"\/18.2-63\/"},{"id":67558,"section_number":"18.2-64.1","catch_line":"Carnal knowledge of certain minors","order_by":null,"url":"\/18.2-64.1\/"},{"id":77968,"section_number":"18.2-64.2","catch_line":"Carnal knowledge of a person detained or arrested by a law-enforcement officer or an inmate, parolee, probationer, juvenile detainee, pretrial defendant or posttrial offender, or confidential informant; penalty","order_by":null,"url":"\/18.2-64.2\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":85126,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":64369,"section_number":"18.2-67.4:1","catch_line":"Infected sexual battery; penalty","order_by":null,"url":"\/18.2-67.4_1\/"},{"id":57731,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":73718,"section_number":"18.2-67.5:1","catch_line":"Punishment upon conviction of third misdemeanor offense","order_by":null,"url":"\/18.2-67.5_1\/"},{"id":54441,"section_number":"18.2-67.5:2","catch_line":"Punishment upon conviction of certain subsequent felony sexual assault","order_by":null,"url":"\/18.2-67.5_2\/"},{"id":68571,"section_number":"18.2-67.5:3","catch_line":"Punishment upon conviction of certain subsequent violent felony sexual assault","order_by":null,"url":"\/18.2-67.5_3\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":59056,"section_number":"37.2-901","catch_line":"Civil proceeding; rights of respondents; discovery","order_by":null,"url":"\/37.2-901\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":169493,"object_type":"law","relational_id":75041,"identifier":"19.2-299","token":"19.2\/18\/1\/19.2-299","url":"\/19.2-299\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","dublin_core":{"Title":"Investigations and reports by probation officers in certain cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-299","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a person is tried in a circuit<\/span> court (i) upon a charge of assault<\/span> and battery<\/span> in violation of § 18.2-57<\/a> or 18.2-57.2<\/a>, stalking in violation of § 18.2-60.3<\/a>, sexual battery<\/span> in violation of § 18.2-67.4<\/a>, attempted sexual battery<\/span> in violation of § 18.2-67.5<\/a>, or driving while intoxicated in violation of § 18.2-266<\/a>, and is adjudged guilty of such charge, unless waived by the court and the defendant<\/span> and the attorney for the Commonwealth, the court may, or on motion<\/span> of the defendant<\/span> shall; or (ii) upon a felony<\/span> charge not set forth in subdivision (iii) below, the court may when there is a plea<\/span> agreement between the defendant<\/span> and the Commonwealth and shall, unless waived by the defendant<\/span> and the attorney for the Commonwealth, when the defendant<\/span> pleads guilty or nolo contendere<\/span> without a plea<\/span> agreement or is found guilty by the court after a plea<\/span> of not guilty or nolo contendere<\/span>; or (iii) the court shall when a person is charged and adjudged guilty of a felony<\/span> violation, or conspiracy to commit or attempt to commit a felony<\/span> violation, of § 18.2-46.2<\/a>, 18.2-46.3<\/a>, 18.2-48<\/a>, clause (2) or (3) of § 18.2-49<\/a>, § 18.2-61<\/a>, 18.2-63<\/a>, 18.2-64.1<\/a>, 18.2-64.2<\/a>, 18.2-67.1<\/a>, 18.2-67.2<\/a>, 18.2-67.3<\/a>, 18.2-67.4:1<\/a>, 18.2-67.5<\/a>, 18.2-67.5:1<\/a>, 18.2-355<\/a>, 18.2-356<\/a>, 18.2-357<\/a>, 18.2-361<\/a>, 18.2-362<\/a>, 18.2-366<\/a>, 18.2-368<\/a>, 18.2-370<\/a>, 18.2-370.1<\/a>, or 18.2-370.2<\/a>, or any attempt to commit or conspiracy to commit any felony<\/span> violation of § 18.2-67.5<\/a>, 18.2-67.5:2<\/a>, or 18.2-67.5:3<\/a>, direct a probation officer<\/span> of such court to thoroughly investigate and report upon the history of the accused<\/span>, including a report of the accused<\/span>’s criminal record as an adult and available juvenile court records, any information regarding the accused<\/span>’s participation or membership in a criminal street gang as defined in § 18.2-46.1<\/a>, and all other relevant facts<\/span>, to fully advise the court so the court may determine the appropriate sentence to be imposed. Unless the defendant<\/span> or the attorney for the Commonwealth objects<\/span>, the court may order that the report contain no more than the defendant<\/span>’s criminal history, any history of substance abuse, any physical or health-related problems as may be pertinent, including any diagnoses of an intellectual or developmental disability as defined in § 37.2-100<\/a>, and any applicable sentencing guideline worksheets. This expedited report shall be subject to all the same procedures as all other sentencing reports and sentencing guidelines<\/span> worksheets. The probation officer<\/span>, after having furnished a copy of this report at least five days prior to sentencing to counsel<\/span> for the accused<\/span> and the attorney for the Commonwealth for their permanent use, shall submit his report in advance of the sentencing hearing<\/span> to the judge<\/span> in chambers<\/span>, who shall keep such report confidential. Counsel<\/span> for the accused<\/span> may provide the accused<\/span> with a copy of the presentence report<\/span>. The probation officer<\/span> shall be available to testify from this report in open court in the presence of the accused<\/span>, who shall have been provided with a copy of the presentence report<\/span> by his counsel<\/span> or advised of its contents and be given the right to cross-examine the investigating officer as to any matter contained therein and to present any additional facts<\/span> bearing upon the matter. The report of the investigating officer shall at all times be kept confidential by each recipient, and shall be filed as a part of the record in the case. Any report so filed shall be made available only by court order<\/span> and shall be sealed<\/span> upon final order<\/span> by the court, except that such reports or copies thereof shall be available at any time to any criminal justice agency, as defined in § 9.1-101<\/a>, of this or any other state or of the United States; to any agency where the accused<\/span> is referred for treatment by the court or by probation and parole<\/span> services; and to counsel<\/span> for any person who has been indicted jointly for the same felony<\/span> as the person subject to the report. Subject to the limitations set forth in § 37.2-901<\/a>, any report prepared pursuant to the provisions hereof shall without court order<\/span> be made available to counsel<\/span> for the person who is the subject of the report if that person (a) is charged with a felony<\/span> subsequent to the time of the preparation of the report or (b) has been convicted of the crime<\/span> or crimes<\/span> for which the report was prepared and is pursuing a post-conviction<\/span> remedy. Such report shall be made available for review without a court order<\/span> to incarcerated persons who are eligible for release by the Virginia Parole<\/span> Board, or such person’s counsel<\/span>, pursuant to regulations promulgated by the Virginia Parole<\/span> Board for that purpose. The presentence report<\/span> shall be in a form prescribed by the Department of Corrections. In all cases where such report is not ordered, a simplified report shall be prepared on a form prescribed by the Department of Corrections. For the purposes of this subsection, information regarding the accused<\/span>’s participation or membership in a criminal street gang may include the characteristics, specific rivalries, common practices, social customs and behavior, terminology, and types of crimes<\/span> that are likely to be committed by that criminal street gang. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As a part of any presentence investigation conducted pursuant to subsection A when the offense<\/span> for which the defendant<\/span> was convicted was a felony<\/span>, the court probation officer<\/span> shall advise any victim of such offense<\/span> in writing that he may submit to the Virginia Parole<\/span> Board a written request (i) to be given the opportunity to submit to the Board a written statement in advance of any parole<\/span> hearing<\/span> describing the impact of the offense<\/span> upon him and his opinion<\/span> regarding the defendant<\/span>’s release and (ii) to receive copies of such other notifications pertaining to the defendant<\/span> as the Board may provide pursuant to subsection B of § 53.1-155<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> As part of any presentence investigation conducted pursuant to subsection A when the offense<\/span> for which the defendant<\/span> was convicted was a felony<\/span> drug offense<\/span> set forth in Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 of Title 18.2, the presentence report<\/span> shall include any known association of the defendant<\/span> with illicit drug operations or markets. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> As a part of any presentence investigation conducted pursuant to subsection A, when the offense<\/span> for which the defendant<\/span> was convicted was a felony<\/span>, not a Class 1 felony<\/span>, committed on or after January 1, 2000, the defendant<\/span> shall be required to undergo a substance abuse screening pursuant to § 18.2-251.01<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVESTIGATIONS AND REPORTS BY PROBATION OFFICERS IN CERTAIN CASES (\u00a7 19.2-299)\n\nA. When a person is tried in a circuit court (i) upon a charge of assault and\nbattery in violation of § 18.2-57 or 18.2-57.2, stalking in violation of\n§ 18.2-60.3, sexual battery in violation of § 18.2-67.4, attempted\nsexual battery in violation of § 18.2-67.5, or driving while intoxicated in\nviolation of § 18.2-266, and is adjudged guilty of such charge, unless\nwaived by the court and the defendant and the attorney for the Commonwealth, the\ncourt may, or on motion of the defendant shall; or (ii) upon a felony charge not\nset forth in subdivision (iii) below, the court may when there is a plea\nagreement between the defendant and the Commonwealth and shall, unless waived by\nthe defendant and the attorney for the Commonwealth, when the defendant pleads\nguilty or nolo contendere without a plea agreement or is found guilty by the\ncourt after a plea of not guilty or nolo contendere; or (iii) the court shall\nwhen a person is charged and adjudged guilty of a felony violation, or\nconspiracy to commit or attempt to commit a felony violation, of §\n18.2-46.2, 18.2-46.3, 18.2-48, clause (2) or (3) of § 18.2-49, §\n18.2-61, 18.2-63, 18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2, 18.2-67.3,\n18.2-67.4:1, 18.2-67.5, 18.2-67.5:1, 18.2-355, 18.2-356, 18.2-357, 18.2-361,\n18.2-362, 18.2-366, 18.2-368, 18.2-370, 18.2-370.1, or 18.2-370.2, or any\nattempt to commit or conspiracy to commit any felony violation of §\n18.2-67.5, 18.2-67.5:2, or 18.2-67.5:3, direct a probation officer of such court\nto thoroughly investigate and report upon the history of the accused, including\na report of the accused’s criminal record as an adult and available\njuvenile court records, any information regarding the accused’s\nparticipation or membership in a criminal street gang as defined in §\n18.2-46.1, and all other relevant facts, to fully advise the court so the court\nmay determine the appropriate sentence to be imposed. Unless the defendant or\nthe attorney for the Commonwealth objects, the court may order that the report\ncontain no more than the defendant’s criminal history, any history of\nsubstance abuse, any physical or health-related problems as may be pertinent,\nincluding any diagnoses of an intellectual or developmental disability as\ndefined in § 37.2-100, and any applicable sentencing guideline worksheets.\nThis expedited report shall be subject to all the same procedures as all other\nsentencing reports and sentencing guidelines worksheets. The probation officer,\nafter having furnished a copy of this report at least five days prior to\nsentencing to counsel for the accused and the attorney for the Commonwealth for\ntheir permanent use, shall submit his report in advance of the sentencing\nhearing to the judge in chambers, who shall keep such report confidential.\nCounsel for the accused may provide the accused with a copy of the presentence\nreport. The probation officer shall be available to testify from this report in\nopen court in the presence of the accused, who shall have been provided with a\ncopy of the presentence report by his counsel or advised of its contents and be\ngiven the right to cross-examine the investigating officer as to any matter\ncontained therein and to present any additional facts bearing upon the matter.\nThe report of the investigating officer shall at all times be kept confidential\nby each recipient, and shall be filed as a part of the record in the case. Any\nreport so filed shall be made available only by court order and shall be sealed\nupon final order by the court, except that such reports or copies thereof shall\nbe available at any time to any criminal justice agency, as defined in §\n9.1-101, of this or any other state or of the United States; to any agency where\nthe accused is referred for treatment by the court or by probation and parole\nservices; and to counsel for any person who has been indicted jointly for the\nsame felony as the person subject to the report. Subject to the limitations set\nforth in § 37.2-901, any report prepared pursuant to the provisions hereof\nshall without court order be made available to counsel for the person who is the\nsubject of the report if that person (a) is charged with a felony subsequent to\nthe time of the preparation of the report or (b) has been convicted of the crime\nor crimes for which the report was prepared and is pursuing a post-conviction\nremedy. Such report shall be made available for review without a court order to\nincarcerated persons who are eligible for release by the Virginia Parole Board,\nor such person’s counsel, pursuant to regulations promulgated by the\nVirginia Parole Board for that purpose. The presentence report shall be in a\nform prescribed by the Department of Corrections. In all cases where such report\nis not ordered, a simplified report shall be prepared on a form prescribed by\nthe Department of Corrections. For the purposes of this subsection, information\nregarding the accused’s participation or membership in a criminal street\ngang may include the characteristics, specific rivalries, common practices,\nsocial customs and behavior, terminology, and types of crimes that are likely to\nbe committed by that criminal street gang.\n\nB. As a part of any presentence investigation conducted pursuant to subsection A\nwhen the offense for which the defendant was convicted was a felony, the court\nprobation officer shall advise any victim of such offense in writing that he may\nsubmit to the Virginia Parole Board a written request (i) to be given the\nopportunity to submit to the Board a written statement in advance of any parole\nhearing describing the impact of the offense upon him and his opinion regarding\nthe defendant’s release and (ii) to receive copies of such other\nnotifications pertaining to the defendant as the Board may provide pursuant to\nsubsection B of § 53.1-155.\n\nC. As part of any presentence investigation conducted pursuant to subsection A\nwhen the offense for which the defendant was convicted was a felony drug offense\nset forth in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, the\npresentence report shall include any known association of the defendant with\nillicit drug operations or markets.\n\nD. As a part of any presentence investigation conducted pursuant to subsection\nA, when the offense for which the defendant was convicted was a felony, not a\nClass 1 felony, committed on or after January 1, 2000, the defendant shall be\nrequired to undergo a substance abuse screening pursuant to § 18.2-251.01.\n\nHISTORY: Code 1950, \u00a7 53-278.1; 1952, c. 233; 1972, c. 516; 1974, c. 121; 1975,\ncc. 371, 495; 1979, c. 286; 1980, c. 733; 1981, c. 263; 1983, c. 541; 1987, c.\n676; 1989, c. 169; 1991, cc. 43, 229; 1992, c. 77; 1993, cc. 466, 492; 1994, 2nd\nSp. Sess., cc. 1, 2; 1995, cc. 687, 778; 1997, c. 691; 1998, cc. 783, 840; 1999,\ncc. 891, 903, 913; 2001, c. 647; 2003, cc. 146, 613; 2004, cc. 308, 459, 819;\n2005, cc. 188, 219, 631; 2006, cc. 99, 863, 914, 916; 2010, c. 223; 2017, c. 45;\n2019, c. 107; 2021, Sp. Sess. I, cc. 344, 345, 523, 540.","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}}