{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-303.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-303.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-303.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-303.6.html"}],"law_id":73653,"edition_id":1,"section_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","history":"2020, c. 1004.","full_text":"A\n\nIn any criminal case, except a violation of § 18.2-31, an act of violence as defined in § 19.2-297.1, or any crime for which a deferred disposition is provided for by statute, upon a plea of guilty, or after a plea of not guilty, and the facts found by the court would justify a finding of guilt, the court may, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability as defined in § 37.2-100 and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the person’s disorder or disability, without entering a judgment of guilt and with the consent of the accused, after giving due consideration to the position of the attorney for the Commonwealth and the views of the victim, defer further proceedings and place the accused on probation subject to terms and conditions set by the court. Upon violation of a term or condition, the court may enter an adjudication of guilt; or upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings against him without an adjudication of guilt. This section shall not limit the authority of any juvenile and domestic relations court granted to it in Title 16.1.B\n\nDeferred disposition shall be available to the defendant even though he has previously been convicted of a criminal offense, been adjudicated delinquent as a juvenile, or had proceedings deferred and dismissed under this section or under any other provision of law, unless, after having considered the position of the attorney for the Commonwealth, the views of the victims, and any evidence offered by the defendant, the court finds that deferred disposition is inconsistent with the interests of justice.","order_by":null,"text":{"0":{"id":264899,"text":"In any criminal case, except a violation of § 18.2-31, an act of violence as defined in § 19.2-297.1, or any crime for which a deferred disposition is provided for by statute, upon a plea of guilty, or after a plea of not guilty, and the facts found by the court would justify a finding of guilt, the court may, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability as defined in § 37.2-100 and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the person’s disorder or disability, without entering a judgment of guilt and with the consent of the accused, after giving due consideration to the position of the attorney for the Commonwealth and the views of the victim, defer further proceedings and place the accused on probation subject to terms and conditions set by the court. Upon violation of a term or condition, the court may enter an adjudication of guilt; or upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings against him without an adjudication of guilt. This section shall not limit the authority of any juvenile and domestic relations court granted to it in Title 16.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264900,"text":"Deferred disposition shall be available to the defendant even though he has previously been convicted of a criminal offense, been adjudicated delinquent as a juvenile, or had proceedings deferred and dismissed under this section or under any other provision of law, unless, after having considered the position of the attorney for the Commonwealth, the views of the victims, and any evidence offered by the defendant, the court finds that deferred disposition is inconsistent with the interests of justice.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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; 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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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This law was first created in 2020. The record of its establishment is cataloged in chapter 1004<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":61643,"section_number":"17.1-275.1","catch_line":"Fixed felony fee","order_by":null,"url":"\/17.1-275.1\/"},{"id":87137,"section_number":"17.1-275.2","catch_line":"Fixed fee for felony reduced to misdemeanor","order_by":null,"url":"\/17.1-275.2\/"},{"id":78190,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","order_by":null,"url":"\/17.1-275.7\/"},{"id":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":65965,"section_number":"19.2-335","catch_line":"Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him","order_by":null,"url":"\/19.2-335\/"},{"id":77943,"section_number":"19.2-336","catch_line":"Clerk to make up statement of whole cost, and issue execution therefor","order_by":null,"url":"\/19.2-336\/"}],"refers_to":[{"id":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","order_by":null,"url":"\/18.2-31\/"},{"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":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"}],"permalink":{"id":169553,"object_type":"law","relational_id":73653,"identifier":"19.2-303.6","token":"19.2\/18\/1\/19.2-303.6","url":"\/19.2-303.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-303.6\/","token":"19.2\/18\/1\/19.2-303.6","dublin_core":{"Title":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-303.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any criminal case, except a violation of § 18.2-31<\/a>, an act of violence as defined in § 19.2-297.1<\/a>, or any crime<\/span> for which a deferred disposition<\/span> is provided for by statute<\/span>, upon a plea<\/span> of guilty, or after a plea<\/span> of not guilty, and the facts<\/span> found by the court<\/span> would justify a finding<\/span> of guilt, the court<\/span> may, if the defendant<\/span> has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability as defined in § 37.2-100<\/a> and the court<\/span> finds by clear and convincing evidence<\/span> that the criminal conduct was caused by or had a direct and substantial relationship to the person’s disorder or disability, without entering a judgment<\/span> of guilt and with the consent of the accused<\/span>, after giving due consideration to the position of the attorney for the Commonwealth and the views of the victim, defer further proceedings and place the accused<\/span> on probation<\/span> subject to terms and conditions set by the court<\/span>. Upon violation of a term or condition, the court<\/span> may enter an adjudication of guilt; or upon fulfillment of the terms and conditions, the court<\/span> may discharge the person and dismiss the proceedings against him without an adjudication of guilt. This section shall not limit the authority of any juvenile and domestic relations court<\/span> granted to it in Title 16.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Deferred disposition<\/span> shall be available to the defendant<\/span> even though he has previously been convicted of a criminal offense<\/span>, been adjudicated delinquent as a juvenile, or had proceedings deferred and dismissed under this section or under any other provision of law<\/span>, unless, after having considered the position of the attorney for the Commonwealth, the views of the victims, and any evidence<\/span> offered by the defendant<\/span>, the court<\/span> finds that deferred disposition<\/span> is inconsistent with the interests of justice. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFERRED DISPOSITION IN A CRIMINAL CASE; PERSONS WITH AUTISM OR INTELLECTUAL\nDISABILITIES (\u00a7 19.2-303.6)\n\nA. In any criminal case, except a violation of § 18.2-31, an act of\nviolence as defined in § 19.2-297.1, or any crime for which a deferred\ndisposition is provided for by statute, upon a plea of guilty, or after a plea\nof not guilty, and the facts found by the court would justify a finding of\nguilt, the court may, if the defendant has been diagnosed by a psychiatrist or\nclinical psychologist with (i) an autism spectrum disorder as defined in the\nmost recent edition of the Diagnostic and Statistical Manual of Mental Disorders\npublished by the American Psychiatric Association or (ii) an intellectual\ndisability as defined in § 37.2-100 and the court finds by clear and\nconvincing evidence that the criminal conduct was caused by or had a direct and\nsubstantial relationship to the person’s disorder or disability, without\nentering a judgment of guilt and with the consent of the accused, after giving\ndue consideration to the position of the attorney for the Commonwealth and the\nviews of the victim, defer further proceedings and place the accused on\nprobation subject to terms and conditions set by the court. Upon violation of a\nterm or condition, the court may enter an adjudication of guilt; or upon\nfulfillment of the terms and conditions, the court may discharge the person and\ndismiss the proceedings against him without an adjudication of guilt. This\nsection shall not limit the authority of any juvenile and domestic relations\ncourt granted to it in Title 16.1.\n\nB. Deferred disposition shall be available to the defendant even though he has\npreviously been convicted of a criminal offense, been adjudicated delinquent as\na juvenile, or had proceedings deferred and dismissed under this section or\nunder any other provision of law, unless, after having considered the position\nof the attorney for the Commonwealth, the views of the victims, and any evidence\noffered by the defendant, the court finds that deferred disposition is\ninconsistent with the interests of justice.\n\nHISTORY: 2020, c. 1004.","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}}