{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-303.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-303.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-303.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-303.html"}],"law_id":63915,"edition_id":1,"section_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","history":"1975, c. 495; 1982, cc. 458, 636; 1983, c. 431; 1984, c. 32; 1992, c. 391; 1993, c. 448; 2006, cc. 436, 483, 853, 914; 2007, cc. 259, 528; 2011, cc. 799, 837; 2019, cc. 782, 783; 2021, Sp. Sess. I, cc. 176, 538; 2022, cc. 41, 42.","full_text":"After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence, require the defendant to make at least partial restitution to the aggrieved party or parties for damages or loss caused by the offense for which convicted, or to perform community service, or both, under terms and conditions which shall be entered in writing by the court. The court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned. Any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The limitation on the period of probation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings in accordance with \u00a7 19.2-305.1. The defendant may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to \u00a7 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of \u00a7 19.2-298.01. The judge, after convicting the defendant of any offense for which a report to the Central Criminal Records Exchange is required in accordance with subsection A of \u00a7 19.2-390, shall determine whether a copy of the defendant’s fingerprints or fingerprint identification information has been provided by a law-enforcement officer to the clerk of court for each such offense. In any case where fingerprints or fingerprint identification information has not been provided by a law-enforcement officer to the clerk of court, the judge shall require that fingerprints and a photograph be taken by a law-enforcement officer as a condition of probation or of the suspension of the imposition or execution of any sentence for such offense. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of \u00a7 19.2-390.\n\t\tIn those courts having electronic access to the Department of Forensic Science DNA data bank sample tracking system within the courtroom, prior to or upon sentencing, the clerk of court shall also determine by reviewing the DNA data bank sample tracking system whether a blood, saliva, or tissue sample is stored in the DNA data bank maintained by the Department of Forensic Science pursuant to Article 1.1 (\u00a7 19.2-310.2 et seq.) of Chapter 18 of this title. In any case in which the clerk has determined that a DNA sample 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 defendant appear within 30 days before the sheriff or probation officer and allow the sheriff or probation officer to take the required sample. The order shall also require that, if the defendant has not appeared and allowed the sheriff or probation officer to take the required sample by the date stated in the order, then the sheriff or probation officer shall report to the court the defendant’s failure to appear and provide the required sample.\n\t\tAfter conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused on probation, place reasonable restrictions on those persons with whom the accused may have contact. Such restrictions may include prohibiting the accused from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in \u00a7 16.1-228, shall be permitted unless expressly prohibited by the court.\n\t\tNotwithstanding any other provision of law, in any case where a defendant is convicted of a violation of \u00a7 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction is for a violation of clause (iii) of subsection A of \u00a7 18.2-61, subdivision A 1 of \u00a7 18.2-67.1, or subdivision A 1 of \u00a7 18.2-67.2, the court shall order that at least three years of the probation include active supervision of the defendant under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.\n\t\tIf a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation in accordance with the provisions of this section, or otherwise modify the sentence imposed.\n\t\tIf a person has been sentenced for a felony to the Department of Corrections (the Department), the court that heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, or within 60 days of such transfer, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation in accordance with the provisions of this section.","order_by":null,"text":{"0":{"id":232778,"text":"After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence, require the defendant to make at least partial restitution to the aggrieved party or parties for damages or loss caused by the offense for which convicted, or to perform community service, or both, under terms and conditions which shall be entered in writing by the court. The court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned. Any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The limitation on the period of probation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings in accordance with \u00a7 19.2-305.1. The defendant may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury pursuant to \u00a7 19.2-295, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of \u00a7 19.2-298.01. The judge, after convicting the defendant of any offense for which a report to the Central Criminal Records Exchange is required in accordance with subsection A of \u00a7 19.2-390, shall determine whether a copy of the defendant’s fingerprints or fingerprint identification information has been provided by a law-enforcement officer to the clerk of court for each such offense. In any case where fingerprints or fingerprint identification information has not been provided by a law-enforcement officer to the clerk of court, the judge shall require that fingerprints and a photograph be taken by a law-enforcement officer as a condition of probation or of the suspension of the imposition or execution of any sentence for such offense. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of \u00a7 19.2-390.\n\t\tIn those courts having electronic access to the Department of Forensic Science DNA data bank sample tracking system within the courtroom, prior to or upon sentencing, the clerk of court shall also determine by reviewing the DNA data bank sample tracking system whether a blood, saliva, or tissue sample is stored in the DNA data bank maintained by the Department of Forensic Science pursuant to Article 1.1 (\u00a7 19.2-310.2 et seq.) of Chapter 18 of this title. In any case in which the clerk has determined that a DNA sample 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 defendant appear within 30 days before the sheriff or probation officer and allow the sheriff or probation officer to take the required sample. The order shall also require that, if the defendant has not appeared and allowed the sheriff or probation officer to take the required sample by the date stated in the order, then the sheriff or probation officer shall report to the court the defendant’s failure to appear and provide the required sample.\n\t\tAfter conviction and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused on probation, place reasonable restrictions on those persons with whom the accused may have contact. Such restrictions may include prohibiting the accused from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in \u00a7 16.1-228, shall be permitted unless expressly prohibited by the court.\n\t\tNotwithstanding any other provision of law, in any case where a defendant is convicted of a violation of \u00a7 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge shall order that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, and the defendant shall be placed on probation for that period of suspension subject to revocation by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction is for a violation of clause (iii) of subsection A of \u00a7 18.2-61, subdivision A 1 of \u00a7 18.2-67.1, or subdivision A 1 of \u00a7 18.2-67.2, the court shall order that at least three years of the probation include active supervision of the defendant under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.\n\t\tIf a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation in accordance with the provisions of this section, or otherwise modify the sentence imposed.\n\t\tIf a person has been sentenced for a felony to the Department of Corrections (the Department), the court that heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense, may, at any time before the person is transferred to the Department, or within 60 days of such transfer, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation in accordance with the provisions of this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-303\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 495 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. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1982, chapters 458 and 636; in 1983, chapter 431; in 1984, chapter 32; in 1992, chapter 391; in 1993, chapter 448; in 2006, chapters 436<\/a>, 483<\/a>, 853<\/a>, and 914<\/a>; in 2007, chapters 259<\/a> and 528<\/a>; in 2011, chapters 799<\/a> and 837<\/a>; in 2019, chapters 782<\/a> and 783<\/a>; in 2022, chapters 41<\/a> and 42<\/a>.<\/p>","references":[{"id":60349,"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","order_by":null,"url":"\/19.2-295.2\/"},{"id":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"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":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":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":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":58209,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","order_by":null,"url":"\/19.2-295\/"},{"id":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"},{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"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":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"}],"permalink":{"id":169521,"object_type":"law","relational_id":63915,"identifier":"19.2-303","token":"19.2\/18\/1\/19.2-303","url":"\/19.2-303\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-303\/","token":"19.2\/18\/1\/19.2-303","dublin_core":{"Title":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-303","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

After conviction<\/span>, whether with or without jury<\/span>, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the defendant<\/span> on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a suspended sentence<\/span>, require the defendant<\/span> to make at least partial restitution<\/span> to the aggrieved party<\/span> or parties for damages<\/span> or loss caused by the offense<\/span> for which convicted, or to perform community service<\/span>, or both, under terms and conditions which shall be entered in writing by the court. The court may fix the period of probation for up to the statutory maximum period for which the defendant<\/span> might originally have been sentenced to be imprisoned. Any period of supervised probation shall not exceed five years from the release of the defendant<\/span> from any active period of incarceration. The limitation on the period of probation shall not apply to the extent that an additional period of probation is necessary (i) for the defendant<\/span> to participate in a court-ordered program or (ii) if a defendant<\/span> owes restitution<\/span> and is still subject to restitution<\/span> compliance review hearings<\/span> in accordance with \u00a7 19.2-305.1<\/a>. The defendant<\/span> may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a jury<\/span> pursuant to \u00a7 19.2-295<\/a>, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of \u00a7 19.2-298.01<\/a>. The judge<\/span>, after convicting the defendant<\/span> of any offense<\/span> for which a report to the Central Criminal Records Exchange is required in accordance with subsection A of \u00a7 19.2-390<\/a>, shall determine whether a copy of the defendant<\/span>’s fingerprints or fingerprint identification information has been provided by a law<\/span>-enforcement officer to the clerk of court<\/span> for each such offense<\/span>. In any case where fingerprints or fingerprint identification information has not been provided by a law<\/span>-enforcement officer to the clerk of court<\/span>, the judge<\/span> shall require that fingerprints and a photograph be taken by a law<\/span>-enforcement officer as a condition of probation or of the suspension of the imposition or execution of any sentence for such offense<\/span>. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of \u00a7 19.2-390<\/a>.\n\t\tIn those courts<\/span> having electronic access to the Department of Forensic Science DNA data bank sample tracking system within the courtroom, prior to or upon sentencing, the clerk of court<\/span> shall also determine by reviewing the DNA data bank sample tracking system whether a blood, saliva, or tissue sample is stored in the DNA data bank maintained by the Department of Forensic Science pursuant to Article 1.1 (\u00a7 19.2-310.2<\/a> et seq.) of Chapter 18 of this title. In any case in which the clerk has determined that a DNA sample 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 defendant<\/span> appear within 30 days before the sheriff or probation officer<\/span> and allow the sheriff or probation officer<\/span> to take the required sample. The order<\/span> shall also require that, if the defendant<\/span> has not appeared and allowed the sheriff or probation officer<\/span> to take the required sample by the date stated in the order<\/span>, then the sheriff or probation officer<\/span> shall report to the court the defendant<\/span>’s failure to appear and provide the required sample.\n\t\tAfter conviction<\/span> and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the accused<\/span> on probation, place reasonable restrictions on those persons with whom the accused<\/span> may have contact. Such restrictions may include prohibiting the accused<\/span> from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in \u00a7 16.1-228<\/a>, shall be permitted unless expressly prohibited by the court.\n\t\tNotwithstanding any other provision of law<\/span>, in any case where a defendant<\/span> is convicted of a violation of \u00a7 18.2-48<\/a>, 18.2-61<\/a>, 18.2-63<\/a>, 18.2-67.1<\/a>, 18.2-67.2<\/a>, 18.2-67.3<\/a>, 18.2-370<\/a>, or 18.2-370.1<\/a>, committed on or after July 1, 2006, and some portion of the sentence is suspended, the judge<\/span> shall order<\/span> that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the defendant<\/span> might originally have been sentenced to be imprisoned, and the defendant<\/span> shall be placed on probation for that period of suspension subject to revocation<\/span> by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the conviction<\/span> is for a violation of clause (iii) of subsection A of \u00a7 18.2-61<\/a>, subdivision A 1 of \u00a7 18.2-67.1<\/a>, or subdivision A 1 of \u00a7 18.2-67.2<\/a>, the court shall order<\/span> that at least three years of the probation include active supervision of the defendant<\/span> under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the defendant<\/span> shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.\n\t\tIf a person is sentenced to jail upon conviction<\/span> of a misdemeanor<\/span> or a felony<\/span>, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation in accordance with the provisions of this section, or otherwise modify the sentence imposed.\n\t\tIf a person has been sentenced for a felony<\/span> to the Department of Corrections (the Department), the court that heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the offense<\/span>, may, at any time before the person is transferred to the Department, or within 60 days of such transfer, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation in accordance with the provisions of this section.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUSPENSION OR MODIFICATION OF SENTENCE; PROBATION; TAKING OF FINGERPRINTS AND\nBLOOD, SALIVA, OR TISSUE SAMPLE AS CONDITION OF PROBATION (\u00a7 19.2-303)\n\nAfter conviction, whether with or without jury, the court may suspend imposition\nof sentence or suspend the sentence in whole or part and in addition may place\nthe defendant on probation under such conditions as the court shall determine,\nincluding monitoring by a GPS (Global Positioning System) tracking device, or\nother similar device, or may, as a condition of a suspended sentence, require\nthe defendant to make at least partial restitution to the aggrieved party or\nparties for damages or loss caused by the offense for which convicted, or to\nperform community service, or both, under terms and conditions which shall be\nentered in writing by the court. The court may fix the period of probation for\nup to the statutory maximum period for which the defendant might originally have\nbeen sentenced to be imprisoned. Any period of supervised probation shall not\nexceed five years from the release of the defendant from any active period of\nincarceration. The limitation on the period of probation shall not apply to the\nextent that an additional period of probation is necessary (i) for the defendant\nto participate in a court-ordered program or (ii) if a defendant owes\nrestitution and is still subject to restitution compliance review hearings in\naccordance with \u00a7 19.2-305.1. The defendant may be ordered by the court to pay\nthe cost of the GPS tracking device or other similar device. If, however, the\ncourt suspends or modifies any sentence fixed by a jury pursuant to \u00a7 19.2-295,\nthe court shall file a statement of the reasons for the suspension or\nmodification in the same manner as the statement required pursuant to subsection\nB of \u00a7 19.2-298.01. The judge, after convicting the defendant of any offense\nfor which a report to the Central Criminal Records Exchange is required in\naccordance with subsection A of \u00a7 19.2-390, shall determine whether a copy of\nthe defendant’s fingerprints or fingerprint identification information has\nbeen provided by a law-enforcement officer to the clerk of court for each such\noffense. In any case where fingerprints or fingerprint identification\ninformation has not been provided by a law-enforcement officer to the clerk of\ncourt, the judge shall require that fingerprints and a photograph be taken by a\nlaw-enforcement officer as a condition of probation or of the suspension of the\nimposition or execution of any sentence for such offense. Such fingerprints\nshall be submitted to the Central Criminal Records Exchange under the provisions\nof subsection D of \u00a7 19.2-390.\n\t\tIn those courts having electronic access to the Department of Forensic Science\nDNA data bank sample tracking system within the courtroom, prior to or upon\nsentencing, the clerk of court shall also determine by reviewing the DNA data\nbank sample tracking system whether a blood, saliva, or tissue sample is stored\nin the DNA data bank maintained by the Department of Forensic Science pursuant\nto Article 1.1 (\u00a7 19.2-310.2 et seq.) of Chapter 18 of this title. In any case\nin which the clerk has determined that a DNA sample is not stored in the DNA\ndata bank, or in any case in which electronic access to the DNA data bank sample\ntracking system is not available in the courtroom, the court shall order that\nthe defendant appear within 30 days before the sheriff or probation officer and\nallow the sheriff or probation officer to take the required sample. The order\nshall also require that, if the defendant has not appeared and allowed the\nsheriff or probation officer to take the required sample by the date stated in\nthe order, then the sheriff or probation officer shall report to the court the\ndefendant’s failure to appear and provide the required sample.\n\t\tAfter conviction and upon sentencing of an active participant or member of a\ncriminal street gang, the court may, as a condition for suspending the\nimposition of the sentence in whole or in part or for placing the accused on\nprobation, place reasonable restrictions on those persons with whom the accused\nmay have contact. Such restrictions may include prohibiting the accused from\nhaving contact with anyone whom he knows to be a member of a criminal street\ngang, except that contact with a family or household member, as defined in \u00a7\n16.1-228, shall be permitted unless expressly prohibited by the court.\n\t\tNotwithstanding any other provision of law, in any case where a defendant is\nconvicted of a violation of \u00a7 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2,\n18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some\nportion of the sentence is suspended, the judge shall order that the period of\nsuspension shall be for a length of time at least equal to the statutory maximum\nperiod for which the defendant might originally have been sentenced to be\nimprisoned, and the defendant shall be placed on probation for that period of\nsuspension subject to revocation by the court. The conditions of probation may\ninclude such conditions as the court shall determine, including active\nsupervision. Where the conviction is for a violation of clause (iii) of\nsubsection A of \u00a7 18.2-61, subdivision A 1 of \u00a7 18.2-67.1, or subdivision A 1\nof \u00a7 18.2-67.2, the court shall order that at least three years of the\nprobation include active supervision of the defendant under a postrelease\nsupervision program operated by the Department of Corrections, and for at least\nthree years of such active supervision, the defendant shall be subject to\nelectronic monitoring by means of a GPS (Global Positioning System) tracking\ndevice, or other similar device.\n\t\tIf a person is sentenced to jail upon conviction of a misdemeanor or a felony,\nthe court may, at any time before the sentence has been completely served,\nsuspend the unserved portion of any such sentence, place the person on probation\nin accordance with the provisions of this section, or otherwise modify the\nsentence imposed.\n\t\tIf a person has been sentenced for a felony to the Department of Corrections\n(the Department), the court that heard the case, if it appears compatible with\nthe public interest and there are circumstances in mitigation of the offense,\nmay, at any time before the person is transferred to the Department, or within\n60 days of such transfer, suspend or otherwise modify the unserved portion of\nsuch a sentence. The court may place the person on probation in accordance with\nthe provisions of this section.\n\nHISTORY: 1975, c. 495; 1982, cc. 458, 636; 1983, c. 431; 1984, c. 32; 1992, c.\n391; 1993, c. 448; 2006, cc. 436, 483, 853, 914; 2007, cc. 259, 528; 2011, cc.\n799, 837; 2019, cc. 782, 783; 2021, Sp. Sess. I, cc. 176, 538; 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}}