{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-303.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-303.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-303.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-303.3.html"}],"law_id":70874,"edition_id":1,"section_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","history":"1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1999, c. 372; 2000, c. 1040; 2006, c. 883; 2007, cc. 133, 528; 2022, cc. 41, 42.","full_text":"A\n\nAny offender who is (i) convicted on or after July 1, 1995, of a misdemeanor or a felony that is not a felony act of violence as defined in § 19.2-297.1, and for which the court imposes a total sentence of 12 months or less, and (ii) no younger than 18 years of age or is considered an adult at the time of conviction may be sentenced to a local community-based probation services agency established pursuant to § 9.1-174 by the local governing bodies within that judicial district or circuit.B\n\nIn those courts having electronic access to the Department of Forensic Science DNA data bank sample tracking system within the courtroom, at the time of sentencing, the clerk of court shall determine by reviewing the DNA data bank sample tracking system, in any case where there is a felony or qualifying misdemeanor conviction, whether a sample of the offender’s blood, saliva, or tissue or an analysis of the sample is stored in the DNA data bank maintained by the Department of Forensic Science pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of this title. If the clerk has determined that a DNA sample or analysis is not stored in the DNA data bank, or in any case in which electronic access to the DNA data bank sample tracking system is not available in the courtroom, the court shall order that the offender appear within 30 days before the sheriff or community-based probation officer and allow the sheriff or community-based probation officer to take the required sample. The order shall also require that, if the offender has not appeared and allowed the sheriff or community-based probation officer to take the required sample by the date stated in the order, then the sheriff or community-based probation officer shall report to the court the offender’s failure to appear and provide the required sample. The court may order the offender placed under local community-based probation services pursuant to § 9.1-174 upon a determination by the court that the offender may benefit from these services and is capable of returning to society as a productive citizen with a reasonable amount of supervision and intervention including services set forth in § 9.1-176. All or part of any sentence imposed that has been suspended, shall be conditioned upon the offender’s successful completion of local community-based probation services established pursuant to § 9.1-174.\n\t\t\tThe court may impose terms and conditions of supervision as it deems appropriate, including that the offender abide by any additional requirements of supervision imposed or established by the local community-based probation services agency during the period of probation supervision.C\n\nAny sworn officer of a local community-based probation services agency established or operated pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.) may seek a capias from any judicial officer for the arrest of any person on local community-based probation and under its supervision for (i) intractable behavior; (ii) refusal to comply with the terms and conditions imposed by the court; (iii) refusal to comply with the requirements of local community-based probation supervision established by the agency; or (iv) the commission of a new offense while on local community-based probation and under agency supervision. Upon arrest, the offender shall be brought for a hearing before the court of appropriate jurisdiction. After finding that the offender (a) exhibited intractable behavior as defined herein; (b) refused to comply with terms and conditions imposed by the court; (c) refused to comply with the requirements of local community-based probation supervision established by the agency; or (d) committed a new offense while on local community-based probation and under agency supervision, the court may revoke all or part of the suspended sentence and supervision, and commit the offender to serve whatever sentence was originally imposed or impose such other terms and conditions of probation as it deems appropriate or, in a case where the proceeding has been deferred, enter an adjudication of guilt and proceed as otherwise provided by law.\n\t\t\t“Intractable behavior” is that behavior that, in the determination of the court, indicates an offender’s unwillingness or inability to conform his behavior to that which is necessary for successful completion of local community-based probation or that the offender’s behavior is so disruptive as to threaten the successful completion of the program by other participants.D\n\nAn offender sentenced to or provided a deferred proceeding and placed on community-based probation pursuant to this section may be required to pay an amount towards the costs of his supervision and services received in accordance with subsection D of § 9.1-182.","order_by":null,"text":{"0":{"id":255557,"text":"Any offender who is (i) convicted on or after July 1, 1995, of a misdemeanor or a felony that is not a felony act of violence as defined in § 19.2-297.1, and for which the court imposes a total sentence of 12 months or less, and (ii) no younger than 18 years of age or is considered an adult at the time of conviction may be sentenced to a local community-based probation services agency established pursuant to § 9.1-174 by the local governing bodies within that judicial district or circuit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255558,"text":"In those courts having electronic access to the Department of Forensic Science DNA data bank sample tracking system within the courtroom, at the time of sentencing, the clerk of court shall determine by reviewing the DNA data bank sample tracking system, in any case where there is a felony or qualifying misdemeanor conviction, whether a sample of the offender’s blood, saliva, or tissue or an analysis of the sample is stored in the DNA data bank maintained by the Department of Forensic Science pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of this title. If the clerk has determined that a DNA sample or analysis is not stored in the DNA data bank, or in any case in which electronic access to the DNA data bank sample tracking system is not available in the courtroom, the court shall order that the offender appear within 30 days before the sheriff or community-based probation officer and allow the sheriff or community-based probation officer to take the required sample. The order shall also require that, if the offender has not appeared and allowed the sheriff or community-based probation officer to take the required sample by the date stated in the order, then the sheriff or community-based probation officer shall report to the court the offender’s failure to appear and provide the required sample. The court may order the offender placed under local community-based probation services pursuant to § 9.1-174 upon a determination by the court that the offender may benefit from these services and is capable of returning to society as a productive citizen with a reasonable amount of supervision and intervention including services set forth in § 9.1-176. All or part of any sentence imposed that has been suspended, shall be conditioned upon the offender’s successful completion of local community-based probation services established pursuant to § 9.1-174.\n\t\t\tThe court may impose terms and conditions of supervision as it deems appropriate, including that the offender abide by any additional requirements of supervision imposed or established by the local community-based probation services agency during the period of probation supervision.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":255559,"text":"Any sworn officer of a local community-based probation services agency established or operated pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.) may seek a capias from any judicial officer for the arrest of any person on local community-based probation and under its supervision for (i) intractable behavior; (ii) refusal to comply with the terms and conditions imposed by the court; (iii) refusal to comply with the requirements of local community-based probation supervision established by the agency; or (iv) the commission of a new offense while on local community-based probation and under agency supervision. Upon arrest, the offender shall be brought for a hearing before the court of appropriate jurisdiction. After finding that the offender (a) exhibited intractable behavior as defined herein; (b) refused to comply with terms and conditions imposed by the court; (c) refused to comply with the requirements of local community-based probation supervision established by the agency; or (d) committed a new offense while on local community-based probation and under agency supervision, the court may revoke all or part of the suspended sentence and supervision, and commit the offender to serve whatever sentence was originally imposed or impose such other terms and conditions of probation as it deems appropriate or, in a case where the proceeding has been deferred, enter an adjudication of guilt and proceed as otherwise provided by law.\n\t\t\t“Intractable behavior” is that behavior that, in the determination of the court, indicates an offender’s unwillingness or inability to conform his behavior to that which is necessary for successful completion of local community-based probation or that the offender’s behavior is so disruptive as to threaten the successful completion of the program by other participants.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":255560,"text":"An offender sentenced to or provided a deferred proceeding and placed on community-based probation pursuant to this section may be required to pay an amount towards the costs of his supervision and services received in accordance with subsection D of § 9.1-182.","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; 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; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1995, chapters 502<\/a> and 574<\/a>; in 1999, chapter 372<\/a>; in 2000, chapter 1040<\/a>; in 2006, chapter 883<\/a>; in 2007, chapters 133<\/a> and 528<\/a>; in 2022, chapters 41<\/a> and 42<\/a>.<\/p>","references":[{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"},{"id":65065,"section_number":"9.1-174","catch_line":"Establishment of a community-based probation services agency","order_by":null,"url":"\/9.1-174\/"}],"refers_to":[{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":72639,"section_number":"19.2-310.2","catch_line":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","order_by":null,"url":"\/19.2-310.2\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"},{"id":65065,"section_number":"9.1-174","catch_line":"Establishment of a community-based probation services agency","order_by":null,"url":"\/9.1-174\/"},{"id":62412,"section_number":"9.1-176","catch_line":"Mandated services; optional services and facilities","order_by":null,"url":"\/9.1-176\/"},{"id":81641,"section_number":"9.1-182","catch_line":"Funding; failure to comply; prohibited use of funds","order_by":null,"url":"\/9.1-182\/"}],"permalink":{"id":169541,"object_type":"law","relational_id":70874,"identifier":"19.2-303.3","token":"19.2\/18\/1\/19.2-303.3","url":"\/19.2-303.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-303.3\/","token":"19.2\/18\/1\/19.2-303.3","dublin_core":{"Title":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-303.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any offender who is (i) convicted on or after July 1, 1995, of a misdemeanor<\/span> or a felony<\/span> that is not a felony<\/span> act of violence as defined in § 19.2-297.1<\/a>, and for which the court<\/span> imposes a total sentence of 12 months or less, and (ii) no younger than 18 years of age or is considered an adult at the time of conviction<\/span> may be sentenced to a local community-based probation<\/span> services agency established pursuant to § 9.1-174<\/a> by the local governing bodies within that judicial district or circuit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In those courts<\/span> having electronic access to the Department of Forensic Science DNA data bank sample tracking system within the courtroom, at the time of sentencing, the clerk of court<\/span> shall determine by reviewing the DNA data bank sample tracking system, in any case where there is a felony<\/span> or qualifying misdemeanor<\/span> conviction<\/span>, whether a sample of the offender’s blood, saliva, or tissue or an analysis of the sample is stored in the DNA data bank maintained by the Department of Forensic Science pursuant to Article 1.1 (§ 19.2-310.2<\/a> et seq.) of Chapter 18 of this title. If the clerk has determined that a DNA sample or analysis is not stored in the DNA data bank, or in any case in which electronic access to the DNA data bank sample tracking system is not available in the courtroom, the court shall order<\/span> that the offender appear within 30 days before the sheriff or community-based probation officer<\/span> and allow the sheriff or community-based probation officer<\/span> to take the required sample. The order<\/span> shall also require that, if the offender has not appeared and allowed the sheriff or community-based probation officer<\/span> to take the required sample by the date stated in the order<\/span>, then the sheriff or community-based probation officer<\/span> shall report to the court the offender’s failure to appear and provide the required sample. The court may order<\/span> the offender placed under local community-based probation services pursuant to § 9.1-174<\/a> upon a determination by the court that the offender may benefit from these services and is capable of returning to society as a productive citizen with a reasonable amount of supervision and intervention including services set forth in § 9.1-176<\/a>. All or part of any sentence imposed that has been suspended, shall be conditioned upon the offender’s successful completion of local community-based probation services established pursuant to § 9.1-174<\/a>.\n\t\t\tThe court may impose terms and conditions of supervision as it deems appropriate, including that the offender abide by any additional requirements of supervision imposed or established by the local community-based probation services agency during the period of probation supervision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any sworn officer of a local community-based probation services agency established or operated pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173<\/a> et seq.) may seek a capias<\/span> from any judicial officer for the arrest<\/span> of any person on local community-based probation and under its supervision for (i) intractable behavior; (ii) refusal to comply with the terms and conditions imposed by the court; (iii) refusal to comply with the requirements of local community-based probation supervision established by the agency; or (iv) the commission of a new offense<\/span> while on local community-based probation and under agency supervision. Upon arrest<\/span>, the offender shall be brought for a hearing<\/span> before the court of appropriate jurisdiction<\/span>. After finding<\/span> that the offender (a) exhibited intractable behavior as defined herein; (b) refused to comply with terms and conditions imposed by the court; (c) refused to comply with the requirements of local community-based probation supervision established by the agency; or (d) committed a new offense<\/span> while on local community-based probation and under agency supervision, the court may revoke all or part of the suspended sentence<\/span> and supervision, and commit the offender to serve whatever sentence was originally imposed or impose such other terms and conditions of probation as it deems appropriate or, in a case where the proceeding has been deferred, enter an adjudication of guilt and proceed as otherwise provided by law<\/span>.\n\t\t\t“Intractable behavior” is that behavior that, in the determination of the court, indicates an offender’s unwillingness or inability to conform his behavior to that which is necessary for successful completion of local community-based probation or that the offender’s behavior is so disruptive as to threaten the successful completion of the program by other participants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An offender sentenced to or provided a deferred proceeding and placed on community-based probation pursuant to this section may be required to pay an amount towards the costs of his supervision and services received in accordance with subsection D of § 9.1-182<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSENTENCE TO LOCAL COMMUNITY-BASED PROBATION SERVICES; SERVICES AGENCY;\nREQUIREMENTS FOR PARTICIPATION; SENTENCING; AND REMOVAL FROM PROBATION; PAYMENT\nOF COSTS TOWARDS SUPERVISION AND SERVICES (\u00a7 19.2-303.3)\n\nA. Any offender who is (i) convicted on or after July 1, 1995, of a misdemeanor\nor a felony that is not a felony act of violence as defined in §\n19.2-297.1, and for which the court imposes a total sentence of 12 months or\nless, and (ii) no younger than 18 years of age or is considered an adult at the\ntime of conviction may be sentenced to a local community-based probation\nservices agency established pursuant to § 9.1-174 by the local governing\nbodies within that judicial district or circuit.\n\nB. In those courts having electronic access to the Department of Forensic\nScience DNA data bank sample tracking system within the courtroom, at the time\nof sentencing, the clerk of court shall determine by reviewing the DNA data bank\nsample tracking system, in any case where there is a felony or qualifying\nmisdemeanor conviction, whether a sample of the offender’s blood, saliva,\nor tissue or an analysis of the sample is stored in the DNA data bank maintained\nby the Department of Forensic Science pursuant to Article 1.1 (§ 19.2-310.2\net seq.) of Chapter 18 of this title. If the clerk has determined that a DNA\nsample or analysis is not stored in the DNA data bank, or in any case in which\nelectronic access to the DNA data bank sample tracking system is not available\nin the courtroom, the court shall order that the offender appear within 30 days\nbefore the sheriff or community-based probation officer and allow the sheriff or\ncommunity-based probation officer to take the required sample. The order shall\nalso require that, if the offender has not appeared and allowed the sheriff or\ncommunity-based probation officer to take the required sample by the date stated\nin the order, then the sheriff or community-based probation officer shall report\nto the court the offender’s failure to appear and provide the required\nsample. The court may order the offender placed under local community-based\nprobation services pursuant to § 9.1-174 upon a determination by the court\nthat the offender may benefit from these services and is capable of returning to\nsociety as a productive citizen with a reasonable amount of supervision and\nintervention including services set forth in § 9.1-176. All or part of any\nsentence imposed that has been suspended, shall be conditioned upon the\noffender’s successful completion of local community-based probation\nservices established pursuant to § 9.1-174.\n\t\t\tThe court may impose terms and conditions of supervision as it deems\nappropriate, including that the offender abide by any additional requirements of\nsupervision imposed or established by the local community-based probation\nservices agency during the period of probation supervision.\n\nC. Any sworn officer of a local community-based probation services agency\nestablished or operated pursuant to the Comprehensive Community Corrections Act\nfor Local-Responsible Offenders (§ 9.1-173 et seq.) may seek a capias from\nany judicial officer for the arrest of any person on local community-based\nprobation and under its supervision for (i) intractable behavior; (ii) refusal\nto comply with the terms and conditions imposed by the court; (iii) refusal to\ncomply with the requirements of local community-based probation supervision\nestablished by the agency; or (iv) the commission of a new offense while on\nlocal community-based probation and under agency supervision. Upon arrest, the\noffender shall be brought for a hearing before the court of appropriate\njurisdiction. After finding that the offender (a) exhibited intractable behavior\nas defined herein; (b) refused to comply with terms and conditions imposed by\nthe court; (c) refused to comply with the requirements of local community-based\nprobation supervision established by the agency; or (d) committed a new offense\nwhile on local community-based probation and under agency supervision, the court\nmay revoke all or part of the suspended sentence and supervision, and commit the\noffender to serve whatever sentence was originally imposed or impose such other\nterms and conditions of probation as it deems appropriate or, in a case where\nthe proceeding has been deferred, enter an adjudication of guilt and proceed as\notherwise provided by law.\n\t\t\t“Intractable behavior” is that behavior that, in the\ndetermination of the court, indicates an offender’s unwillingness or\ninability to conform his behavior to that which is necessary for successful\ncompletion of local community-based probation or that the offender’s\nbehavior is so disruptive as to threaten the successful completion of the\nprogram by other participants.\n\nD. An offender sentenced to or provided a deferred proceeding and placed on\ncommunity-based probation pursuant to this section may be required to pay an\namount towards the costs of his supervision and services received in accordance\nwith subsection D of § 9.1-182.\n\nHISTORY: 1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1999, c. 372; 2000,\nc. 1040; 2006, c. 883; 2007, cc. 133, 528; 2022, cc. 41, 42.","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}}