{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-305.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-305.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-305.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-305.1.html"}],"law_id":82621,"edition_id":1,"section_id":82621,"structure_id":14013,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","history":"1977, c. 682; 1978, c. 131; 1981, c. 224; 1984, cc. 32, 269; 1994, c. 197; 1995, cc. 434, 687; 2000, c. 775; 2002, cc. 810, 818; 2003, c. 982; 2005, c. 591; 2011, cc. 575, 588; 2013, c. 273; 2015, cc. 312, 550; 2017, cc. 757, 786, 814; 2018, cc. 316, 671, 724, 725; 2019, cc. 782, 783; 2021, Sp. Sess. I, cc. 190, 393.","full_text":"A\n\nNotwithstanding any other provision of law, no person convicted of a crime in violation of any provision in Title 18.2, which resulted in property damage or loss, shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or loss, or shall be compelled to perform community services, or both, or shall submit a plan for doing that which appears to the court to be feasible under the circumstances.B\n\nNotwithstanding any other provision of law, any person who, on or after July 1, 1995, commits, and is convicted of, a crime in violation of any provision in Title 18.2 shall make at least partial restitution for any property damage or loss caused by the crime or for any medical expenses or expenses directly related to funeral or burial incurred by the victim or his estate as a result of the crime, may be compelled to perform community services and, if the court so orders, shall submit a plan for doing that which appears to be feasible to the court under the circumstances.B\n\n1. Notwithstanding any other provision of law, any person, who on or after July 1, 2005 commits and is convicted of a crime in violation of § 18.2-248 involving the manufacture of any controlled substance, may be ordered, upon presentation of suitable evidence of such costs, by the court to reimburse the Commonwealth or the locality for the costs incurred by the jurisdiction, as the case may be, for the removal and remediation associated with the illegal manufacture of any controlled substance by the defendant.B\n\n2. Notwithstanding any other provision of law, any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-138 for damage to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages. Any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-405, 18.2-407, or 18.2-408 in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, to which damage is caused during such riot or unlawful assembly. In any prosecution under § 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of the Division of Engineering and Buildings of the Department of General Services or the Division of Risk Management shall be admissible as evidence of value or extent of damages or cost of repairs to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police. For the purposes of this subsection, “Capitol Square” means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. “Capitol Square” includes the exterior of all state buildings that are at least 50 years old and bordering the boundary streets.C\n\nAt or before the time of sentencing, the court shall receive and consider any plan for making restitution submitted by the defendant. The plan shall include the defendant’s home address, place of employment and address, social security number and bank information. If the court finds such plan to be reasonable and practical under the circumstances, it may consider probation or suspension of whatever portion of the sentence that it deems appropriate. By order of the court incorporating the defendant’s plan or a reasonable and practical plan devised by the court, the defendant shall make restitution while he is free on probation or work release or following his release from confinement. Additionally, the court may order that the defendant make restitution during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court at sentencing.D\n\nAt the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof. If community service work is ordered, the court shall determine the terms and conditions upon which such work shall be performed. The court shall include such findings in the judgment order. The order shall specify that sums paid under such order shall be paid to the clerk, who shall disburse such sums as the court may, by order, direct. The clerk shall record receipt of restitution payments in an automated financial management system operated and maintained by the Executive Secretary of the Supreme Court or such other system established and maintained by a circuit court clerk pursuant to § 17.1-502. Any court desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs or providing restitution shall, at the time of sentencing, obtain the social security number of each defendant.E\n\nAt the time of sentencing, the court shall enter the amount of restitution to be repaid by the defendant, the date by which all restitution is to be paid, the terms and conditions of such repayment, and the victim’s name and contact information, including the victim’s home address, telephone number, and email address, on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. If the attorney for the Commonwealth participated in the prosecution of the defendant, the attorney for the Commonwealth or his designee shall complete, to the extent possible, all portions of the form excluding the amount of restitution to be repaid by the defendant and the terms and conditions of such repayment. If the attorney for the Commonwealth did not participate in the prosecution of the defendant, the court or the clerk shall complete the form. A copy of the form, excluding contact information for the victim, shall be provided to the defendant at sentencing. A copy of the form shall be provided to the attorney for the Commonwealth and to the victim, his agent, or his estate upon request and free of charge. Except as provided in this section or otherwise required by law, the victim’s contact information shall be confidential, and the clerk shall not disclose such confidential information to any person.F\n\n1. In any case in which the court orders the defendant to pay restitution and places the defendant on probation that includes a period of active supervision, the probation agency supervising the defendant shall notify the court and the attorney for the Commonwealth of the amount of any restitution that remains unsatisfied and the last known address for the defendant (i) 60 days prior to the defendant’s release from supervision pursuant to the terms of the sentencing order or (ii) if the agency requests that the defendant be released from supervision, at the time the agency submits its request to the court. Such notice shall be in writing and the attorney for the Commonwealth shall, if practicable, provide a copy of the notice to the victim. If any amount of restitution remains unsatisfied, the court shall conduct a hearing prior to the defendant’s release from supervision after providing notice of the hearing to the defendant and the attorney for the Commonwealth. If the court finds that the defendant is not in compliance with the restitution order, the court may (a) release the defendant from supervision, (b) modify the period or terms of supervision pursuant to \u00a7 19.2-304, (c) revoke some or all of the suspended sentence or probation pursuant to \u00a7 19.2-306, or (d) proceed in accordance with subsection E of \u00a7 19.2-358. The court shall also docket the restitution order pursuant to subsection B of \u00a7 19.2-305.2 unless such order has previously been docketed. Any defendant who is released from supervision shall be subject to the provisions of subdivision 3.2\n\nIn any case in which the court orders the defendant to pay restitution and places the defendant on probation that does not include a period of active supervision, the court shall include in the order a date, not to exceed two years from the date of the entry of the order or, if the court has sentenced the defendant to an active term of incarceration, from the date of the defendant’s release from incarceration, on which the defendant’s compliance with the restitution order shall be reviewed and the court shall schedule a hearing for such date. The court may, on its own motion, cancel the hearing if the amount of restitution has been satisfied. If at the hearing the court finds that the defendant is not in compliance with the restitution order, the court may (i) modify the period or terms of probation pursuant to § 19.2-304, (ii) revoke some or all of the suspended sentence or probation pursuant to § 19.2-306, or (iii) proceed in accordance with the provisions of subsection E of § 19.2-358. The court shall also docket the restitution order pursuant to subsection B of § 19.2-305.2 unless such order has previously been docketed. After the hearing conducted pursuant to this subdivision, the defendant shall be subject to the provisions of subdivision 3.3\n\nIf any amount of restitution remains unsatisfied at the time of a hearing conducted pursuant to subdivision 1 or 2, the court shall continue to schedule hearings to review the defendant’s compliance with the restitution order until the amount of restitution has been satisfied and provide notice of such hearings to the defendant. The court may, on its own motion, cancel any such hearing if the amount of restitution has been satisfied or if the defendant is in compliance with the restitution order. If at any hearing conducted pursuant to this subdivision the court finds that the defendant is not in compliance with the restitution order, the court may (i) modify the period or terms of probation pursuant to § 19.2-304, (ii) revoke some or all of the suspended sentence or probation pursuant to § 19.2-306, or (iii) proceed in accordance with the provisions of subsection E of § 19.2-358. The court shall follow the procedures set forth in this subdivision for the purpose of reviewing compliance with a restitution order by a defendant (a) until the amount of restitution has been satisfied or (b) if any amount of restitution remains unsatisfied, for the longer of 10 years from the date of the hearing held pursuant to subdivision 1 or 2 or the period of probation ordered by the court.4\n\nIf the court determines at any hearing conducted pursuant to this subsection that the defendant is unable to pay restitution and will remain unable to pay restitution for the duration of the review period set forth in subdivision 3, the court may discontinue any further hearings to review a defendant’s compliance with the restitution order.5\n\nIf the court determines that a defendant would be incarcerated on the date of any hearing scheduled pursuant to this subsection, the court may remove the case from the docket, reschedule such hearing to a date after the defendant’s release from incarceration, and provide notice of the hearing to the defendant and the attorney for the Commonwealth. If the defendant who is on probation that includes a period of active supervision is incarcerated, the probation agency supervising the defendant shall notify the court when the defendant has been released from incarceration.6\n\nNo provision of this subsection shall be construed to prohibit the court from exercising any authority otherwise granted by law over a defendant during any period of probation ordered by the court.7\n\nAt every hearing conducted pursuant to subdivision 1 where the defendant was convicted of an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390, if the court has not previously verified that the conviction for such offense appears on the criminal history record of the defendant, the court shall review the criminal history record of the defendant and determine whether the present conviction appears on that record. The probation officer for the defendant shall provide the criminal history record to the court at such hearing. If the present conviction does not appear on the criminal history record, the court shall order that the fingerprints and photograph of the defendant be taken by a law-enforcement officer and submitted to the Central Criminal Records Exchange. If fingerprints and a photograph have previously been taken for such conviction, the probation officer shall provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that the conviction does not appear on the offender’s criminal history record prior to his release from supervision.8\n\nAt every hearing conducted pursuant to subdivision 2 where the attorney for the Commonwealth participated in the prosecution and the defendant was convicted of an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390, if the court has not previously verified that the conviction for such offense appears on the criminal history record of the defendant, the court shall review the criminal history record of the defendant and determine whether the present conviction appears on that record. If the attorney for the Commonwealth participated in the prosecution of the offense, the attorney for the Commonwealth shall provide the criminal history record to the court at such hearing. If the present conviction does not appear on the criminal history record, the court shall order that the fingerprints and photograph of the defendant be taken by a law-enforcement officer and submitted to the Central Criminal Records Exchange. If fingerprints and a photograph have previously been taken for such conviction, the attorney for the Commonwealth shall provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that the conviction does not appear on the offender’s criminal history record.G\n\nUnreasonable failure to execute the plan by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken.H\n\nA defendant convicted of an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3 shall be ordered to pay mandatory restitution to the victim of the offense in an amount as determined by the court. For purposes of this subsection, “victim” means a person who is depicted in a still or videographic image involved in an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.\n\t\t\tThe Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.I\n\nIf restitution is ordered to be paid by the defendant to the victim of a crime and the victim can no longer be located or identified, the clerk shall deposit any such restitution collected to the Criminal Injuries Compensation Fund for the benefit of crime victims by November 1 of each year. If a clerk does not have any such restitution to deposit, the clerk shall provide a statement to that effect to the Fund by November 1 of each year. The administrator shall reserve a sum sufficient in the Fund from which he shall make prompt payment directly to the victim for any proper claims. When depositing such restitution to the Fund, the clerk shall report the victim’s last known contact information, including the victim’s home address, telephone number, and email address, and the amount of restitution being deposited for that victim. Before making the deposit, the administrator shall record the name, contact information, and amount of restitution being deposited for each victim appearing from the clerk’s report to be entitled to restitution. The victim’s contact information reported to the Fund shall be confidential and shall not be disseminated further except as otherwise required by law.J\n\nIf restitution pursuant to § 19.2-305 or this section is ordered to be paid by the defendant to the victim of a crime or other entity, and the Criminal Injuries Compensation Fund has made any payments to or on behalf of the victim for any loss, damage, or expenses included in the restitution order, then upon presentation by the Fund of a written request that sets forth the amount of payments made by the Fund to the victim or on the victim’s behalf, the entity collecting restitution shall pay to the Fund as much of the restitution collected as will reimburse the Fund for its payments made to the victim or on the victim’s behalf.K\n\nWhenever a defendant is ordered to pay restitution, any sums collected shall be used first to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any fine, forfeiture, penalty, or cost assessed against the defendant, unless an order for restitution is docketed in the name of the victim or it is ordered that an assignment of the judgment to the victim be docketed.","order_by":null,"text":{"0":{"id":296002,"text":"Notwithstanding any other provision of law, no person convicted of a crime in violation of any provision in Title 18.2, which resulted in property damage or loss, shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or loss, or shall be compelled to perform community services, or both, or shall submit a plan for doing that which appears to the court to be feasible under the circumstances.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296003,"text":"Notwithstanding any other provision of law, any person who, on or after July 1, 1995, commits, and is convicted of, a crime in violation of any provision in Title 18.2 shall make at least partial restitution for any property damage or loss caused by the crime or for any medical expenses or expenses directly related to funeral or burial incurred by the victim or his estate as a result of the crime, may be compelled to perform community services and, if the court so orders, shall submit a plan for doing that which appears to be feasible to the court under the circumstances.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B"},"2":{"id":296004,"text":"1. Notwithstanding any other provision of law, any person, who on or after July 1, 2005 commits and is convicted of a crime in violation of § 18.2-248 involving the manufacture of any controlled substance, may be ordered, upon presentation of suitable evidence of such costs, by the court to reimburse the Commonwealth or the locality for the costs incurred by the jurisdiction, as the case may be, for the removal and remediation associated with the illegal manufacture of any controlled substance by the defendant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"B","next_prefix":"B"},"3":{"id":296005,"text":"2. Notwithstanding any other provision of law, any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-138 for damage to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages. Any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-405, 18.2-407, or 18.2-408 in Capitol Square, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution to the Commonwealth for the full amount of damages to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police, to which damage is caused during such riot or unlawful assembly. In any prosecution under § 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of the Division of Engineering and Buildings of the Department of General Services or the Division of Risk Management shall be admissible as evidence of value or extent of damages or cost of repairs to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square, or at any other property assigned to the Capitol Police. For the purposes of this subsection, “Capitol Square” means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. “Capitol Square” includes the exterior of all state buildings that are at least 50 years old and bordering the boundary streets.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"B","next_prefix":"C"},"4":{"id":296006,"text":"At or before the time of sentencing, the court shall receive and consider any plan for making restitution submitted by the defendant. The plan shall include the defendant’s home address, place of employment and address, social security number and bank information. If the court finds such plan to be reasonable and practical under the circumstances, it may consider probation or suspension of whatever portion of the sentence that it deems appropriate. By order of the court incorporating the defendant’s plan or a reasonable and practical plan devised by the court, the defendant shall make restitution while he is free on probation or work release or following his release from confinement. Additionally, the court may order that the defendant make restitution during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court at sentencing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":296007,"text":"At the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof. If community service work is ordered, the court shall determine the terms and conditions upon which such work shall be performed. The court shall include such findings in the judgment order. The order shall specify that sums paid under such order shall be paid to the clerk, who shall disburse such sums as the court may, by order, direct. The clerk shall record receipt of restitution payments in an automated financial management system operated and maintained by the Executive Secretary of the Supreme Court or such other system established and maintained by a circuit court clerk pursuant to § 17.1-502. Any court desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the purpose of collecting fines or costs or providing restitution shall, at the time of sentencing, obtain the social security number of each defendant.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":296008,"text":"At the time of sentencing, the court shall enter the amount of restitution to be repaid by the defendant, the date by which all restitution is to be paid, the terms and conditions of such repayment, and the victim’s name and contact information, including the victim’s home address, telephone number, and email address, on a form prescribed by the Office of the Executive Secretary of the Supreme Court of Virginia. If the attorney for the Commonwealth participated in the prosecution of the defendant, the attorney for the Commonwealth or his designee shall complete, to the extent possible, all portions of the form excluding the amount of restitution to be repaid by the defendant and the terms and conditions of such repayment. If the attorney for the Commonwealth did not participate in the prosecution of the defendant, the court or the clerk shall complete the form. A copy of the form, excluding contact information for the victim, shall be provided to the defendant at sentencing. A copy of the form shall be provided to the attorney for the Commonwealth and to the victim, his agent, or his estate upon request and free of charge. Except as provided in this section or otherwise required by law, the victim’s contact information shall be confidential, and the clerk shall not disclose such confidential information to any person.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":296009,"text":"1. In any case in which the court orders the defendant to pay restitution and places the defendant on probation that includes a period of active supervision, the probation agency supervising the defendant shall notify the court and the attorney for the Commonwealth of the amount of any restitution that remains unsatisfied and the last known address for the defendant (i) 60 days prior to the defendant’s release from supervision pursuant to the terms of the sentencing order or (ii) if the agency requests that the defendant be released from supervision, at the time the agency submits its request to the court. Such notice shall be in writing and the attorney for the Commonwealth shall, if practicable, provide a copy of the notice to the victim. If any amount of restitution remains unsatisfied, the court shall conduct a hearing prior to the defendant’s release from supervision after providing notice of the hearing to the defendant and the attorney for the Commonwealth. If the court finds that the defendant is not in compliance with the restitution order, the court may (a) release the defendant from supervision, (b) modify the period or terms of supervision pursuant to \u00a7 19.2-304, (c) revoke some or all of the suspended sentence or probation pursuant to \u00a7 19.2-306, or (d) proceed in accordance with subsection E of \u00a7 19.2-358. The court shall also docket the restitution order pursuant to subsection B of \u00a7 19.2-305.2 unless such order has previously been docketed. Any defendant who is released from supervision shall be subject to the provisions of subdivision 3.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F2"},"8":{"id":296010,"text":"In any case in which the court orders the defendant to pay restitution and places the defendant on probation that does not include a period of active supervision, the court shall include in the order a date, not to exceed two years from the date of the entry of the order or, if the court has sentenced the defendant to an active term of incarceration, from the date of the defendant’s release from incarceration, on which the defendant’s compliance with the restitution order shall be reviewed and the court shall schedule a hearing for such date. The court may, on its own motion, cancel the hearing if the amount of restitution has been satisfied. If at the hearing the court finds that the defendant is not in compliance with the restitution order, the court may (i) modify the period or terms of probation pursuant to § 19.2-304, (ii) revoke some or all of the suspended sentence or probation pursuant to § 19.2-306, or (iii) proceed in accordance with the provisions of subsection E of § 19.2-358. The court shall also docket the restitution order pursuant to subsection B of § 19.2-305.2 unless such order has previously been docketed. After the hearing conducted pursuant to this subdivision, the defendant shall be subject to the provisions of subdivision 3.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F","next_prefix":"F3"},"9":{"id":296011,"text":"If any amount of restitution remains unsatisfied at the time of a hearing conducted pursuant to subdivision 1 or 2, the court shall continue to schedule hearings to review the defendant’s compliance with the restitution order until the amount of restitution has been satisfied and provide notice of such hearings to the defendant. The court may, on its own motion, cancel any such hearing if the amount of restitution has been satisfied or if the defendant is in compliance with the restitution order. If at any hearing conducted pursuant to this subdivision the court finds that the defendant is not in compliance with the restitution order, the court may (i) modify the period or terms of probation pursuant to § 19.2-304, (ii) revoke some or all of the suspended sentence or probation pursuant to § 19.2-306, or (iii) proceed in accordance with the provisions of subsection E of § 19.2-358. The court shall follow the procedures set forth in this subdivision for the purpose of reviewing compliance with a restitution order by a defendant (a) until the amount of restitution has been satisfied or (b) if any amount of restitution remains unsatisfied, for the longer of 10 years from the date of the hearing held pursuant to subdivision 1 or 2 or the period of probation ordered by the court.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"10":{"id":296012,"text":"If the court determines at any hearing conducted pursuant to this subsection that the defendant is unable to pay restitution and will remain unable to pay restitution for the duration of the review period set forth in subdivision 3, the court may discontinue any further hearings to review a defendant’s compliance with the restitution order.","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"11":{"id":296013,"text":"If the court determines that a defendant would be incarcerated on the date of any hearing scheduled pursuant to this subsection, the court may remove the case from the docket, reschedule such hearing to a date after the defendant’s release from incarceration, and provide notice of the hearing to the defendant and the attorney for the Commonwealth. If the defendant who is on probation that includes a period of active supervision is incarcerated, the probation agency supervising the defendant shall notify the court when the defendant has been released from incarceration.","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"12":{"id":296014,"text":"No provision of this subsection shall be construed to prohibit the court from exercising any authority otherwise granted by law over a defendant during any period of probation ordered by the court.","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"F7"},"13":{"id":296015,"text":"At every hearing conducted pursuant to subdivision 1 where the defendant was convicted of an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390, if the court has not previously verified that the conviction for such offense appears on the criminal history record of the defendant, the court shall review the criminal history record of the defendant and determine whether the present conviction appears on that record. The probation officer for the defendant shall provide the criminal history record to the court at such hearing. If the present conviction does not appear on the criminal history record, the court shall order that the fingerprints and photograph of the defendant be taken by a law-enforcement officer and submitted to the Central Criminal Records Exchange. If fingerprints and a photograph have previously been taken for such conviction, the probation officer shall provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that the conviction does not appear on the offender’s criminal history record prior to his release from supervision.","type":"section","prefixes":["F","7"],"prefix":"7","entire_prefix":"F7","prefix_anchor":"F7","level":2,"prior_prefix":"F6","next_prefix":"F8"},"14":{"id":296016,"text":"At every hearing conducted pursuant to subdivision 2 where the attorney for the Commonwealth participated in the prosecution and the defendant was convicted of an offense for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390, if the court has not previously verified that the conviction for such offense appears on the criminal history record of the defendant, the court shall review the criminal history record of the defendant and determine whether the present conviction appears on that record. If the attorney for the Commonwealth participated in the prosecution of the offense, the attorney for the Commonwealth shall provide the criminal history record to the court at such hearing. If the present conviction does not appear on the criminal history record, the court shall order that the fingerprints and photograph of the defendant be taken by a law-enforcement officer and submitted to the Central Criminal Records Exchange. If fingerprints and a photograph have previously been taken for such conviction, the attorney for the Commonwealth shall provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that the conviction does not appear on the offender’s criminal history record.","type":"section","prefixes":["F","8"],"prefix":"8","entire_prefix":"F8","prefix_anchor":"F8","level":2,"prior_prefix":"F7","next_prefix":"G"},"15":{"id":296017,"text":"Unreasonable failure to execute the plan by the defendant shall result in revocation of the probation or imposition of the suspended sentence. A hearing shall be held in accordance with the provisions of this Code relating to revocation of probation or imposition of a suspended sentence before either such action is taken.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F8","next_prefix":"H"},"16":{"id":296018,"text":"A defendant convicted of an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3 shall be ordered to pay mandatory restitution to the victim of the offense in an amount as determined by the court. For purposes of this subsection, “victim” means a person who is depicted in a still or videographic image involved in an offense under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.\n\t\t\tThe Commonwealth shall make reasonable efforts to notify victims of offenses under § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"17":{"id":296019,"text":"If restitution is ordered to be paid by the defendant to the victim of a crime and the victim can no longer be located or identified, the clerk shall deposit any such restitution collected to the Criminal Injuries Compensation Fund for the benefit of crime victims by November 1 of each year. If a clerk does not have any such restitution to deposit, the clerk shall provide a statement to that effect to the Fund by November 1 of each year. The administrator shall reserve a sum sufficient in the Fund from which he shall make prompt payment directly to the victim for any proper claims. When depositing such restitution to the Fund, the clerk shall report the victim’s last known contact information, including the victim’s home address, telephone number, and email address, and the amount of restitution being deposited for that victim. Before making the deposit, the administrator shall record the name, contact information, and amount of restitution being deposited for each victim appearing from the clerk’s report to be entitled to restitution. The victim’s contact information reported to the Fund shall be confidential and shall not be disseminated further except as otherwise required by law.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"18":{"id":296020,"text":"If restitution pursuant to § 19.2-305 or this section is ordered to be paid by the defendant to the victim of a crime or other entity, and the Criminal Injuries Compensation Fund has made any payments to or on behalf of the victim for any loss, damage, or expenses included in the restitution order, then upon presentation by the Fund of a written request that sets forth the amount of payments made by the Fund to the victim or on the victim’s behalf, the entity collecting restitution shall pay to the Fund as much of the restitution collected as will reimburse the Fund for its payments made to the victim or on the victim’s behalf.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"19":{"id":296021,"text":"Whenever a defendant is ordered to pay restitution, any sums collected shall be used first to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any fine, forfeiture, penalty, or cost assessed against the defendant, unless an order for restitution is docketed in the name of the victim or it is ordered that an assignment of the judgment to the victim be docketed.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-305.1\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 682 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 15 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 1978, chapter 131; in 1981, chapter 224; in 1984, chapters 32 and 269; in 1994, chapter 197<\/a>; in 1995, chapters 434<\/a> and 687<\/a>; in 2000, chapter 775<\/a>; in 2002, chapters 810<\/a> and 818<\/a>; in 2003, chapter 982<\/a>; in 2005, chapter 591<\/a>; in 2011, chapters 575<\/a> and 588<\/a>; in 2013, chapter 273<\/a>; in 2015, chapters 312<\/a> and 550<\/a>; in 2017, chapters 757<\/a>, 786<\/a>, and 814<\/a>; in 2018, chapters 316<\/a>, 671<\/a>, 724<\/a>, and 725<\/a>; in 2019, chapters 782<\/a> and 783<\/a>.<\/p>","references":[{"id":75547,"section_number":"18.2-145.1","catch_line":"Damaging or destroying research farm product; penalty; restitution","order_by":null,"url":"\/18.2-145.1\/"},{"id":73751,"section_number":"18.2-190.6","catch_line":"Restitution","order_by":null,"url":"\/18.2-190.6\/"},{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"id":63915,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","order_by":null,"url":"\/19.2-303\/"},{"id":59341,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","order_by":null,"url":"\/19.2-305.2\/"},{"id":85689,"section_number":"19.2-305.4","catch_line":"When interest to be paid on award of restitution","order_by":null,"url":"\/19.2-305.4\/"},{"id":80926,"section_number":"19.2-349","catch_line":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","order_by":null,"url":"\/19.2-349\/"},{"id":65492,"section_number":"19.2-358","catch_line":"Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty","order_by":null,"url":"\/19.2-358\/"},{"id":64326,"section_number":"19.2-368.15","catch_line":"Subrogation of Commonwealth to claimant's right of action; lien in favor of the Commonwealth; disposition of funds collected","order_by":null,"url":"\/19.2-368.15\/"},{"id":82147,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","order_by":null,"url":"\/19.2-368.3\/"},{"id":85019,"section_number":"19.2-388","catch_line":"Duties and authority of Exchange","order_by":null,"url":"\/19.2-388\/"}],"refers_to":[{"id":79916,"section_number":"17.1-502","catch_line":"(Effective July 1, 2026) Administrator of circuit court system","order_by":null,"url":"\/17.1-502\/"},{"id":71615,"section_number":"18.2-138","catch_line":"Damaging public buildings, etc.; penalty","order_by":null,"url":"\/18.2-138\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":61326,"section_number":"18.2-374.1","catch_line":"Production, publication, sale, financing, etc., of child pornography; presumption as to age","order_by":null,"url":"\/18.2-374.1\/"},{"id":63653,"section_number":"18.2-374.1:1","catch_line":"Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty","order_by":null,"url":"\/18.2-374.1_1\/"},{"id":77778,"section_number":"18.2-374.3","catch_line":"Use of communications systems to facilitate certain offenses involving children; penalties","order_by":null,"url":"\/18.2-374.3\/"},{"id":66562,"section_number":"18.2-405","catch_line":"What constitutes a riot; punishment","order_by":null,"url":"\/18.2-405\/"},{"id":60408,"section_number":"18.2-407","catch_line":"Remaining at place of riot or unlawful assembly after warning to disperse","order_by":null,"url":"\/18.2-407\/"},{"id":79023,"section_number":"18.2-408","catch_line":"Conspiracy; incitement, etc., to riot","order_by":null,"url":"\/18.2-408\/"},{"id":71283,"section_number":"19.2-304","catch_line":"Increasing or decreasing probation period and modification of conditions","order_by":null,"url":"\/19.2-304\/"},{"id":75628,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","order_by":null,"url":"\/19.2-305\/"},{"id":59341,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","order_by":null,"url":"\/19.2-305.2\/"},{"id":66441,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306\/"},{"id":65492,"section_number":"19.2-358","catch_line":"Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty","order_by":null,"url":"\/19.2-358\/"},{"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\/"},{"id":57268,"section_number":"58.1-520","catch_line":"(Contingent effective date) Definitions","order_by":null,"url":"\/58.1-520\/"},{"id":73852,"section_number":"58.1-535","catch_line":"Application of funds on deposit","order_by":null,"url":"\/58.1-535\/"}],"permalink":{"id":169565,"object_type":"law","relational_id":82621,"identifier":"19.2-305.1","token":"19.2\/18\/1\/19.2-305.1","url":"\/19.2-305.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-305.1\/","token":"19.2\/18\/1\/19.2-305.1","dublin_core":{"Title":"Restitution for property damage or loss; community service","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-305.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, no person convicted of a crime<\/span> in violation of any provision in Title 18.2, which resulted in property damage or loss, shall be placed on probation<\/span> or have his sentence suspended unless such person shall make at least partial restitution<\/span> for such property damage or loss, or shall be compelled to perform community services<\/span>, or both, or shall submit a plan for doing that which appears to the court<\/span> to be feasible under the circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span>, any person who, on or after July 1, 1995, commits, and is convicted of, a crime<\/span> in violation of any provision in Title 18.2 shall make at least partial restitution<\/span> for any property damage or loss caused by the crime<\/span> or for any medical expenses or expenses directly related to funeral or burial incurred by the victim<\/span> or his estate as a result of the crime<\/span>, may be compelled to perform community services<\/span> and, if the court<\/span> so orders<\/span>, shall submit a plan for doing that which appears to be feasible to the court<\/span> under the circumstances. <\/i><\/a><\/p>

1. Notwithstanding any other provision of law<\/span>, any person, who on or after July 1, 2005 commits and is convicted of a crime<\/span> in violation of § 18.2-248<\/a> involving the manufacture of any controlled substance, may be ordered, upon presentation of suitable evidence<\/span> of such costs, by the court<\/span> to reimburse the Commonwealth or the locality for the costs incurred by the jurisdiction<\/span>, as the case may be, for the removal and remediation associated with the illegal manufacture of any controlled substance by the defendant<\/span>. <\/i><\/a><\/p>

2. Notwithstanding any other provision of law<\/span>, any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-138<\/a> for damage to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square<\/span>, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution<\/span> to the Commonwealth for the full amount of damages<\/span>. Any person who, on or after July 1, 2015, commits and is convicted of a violation of § 18.2-405<\/a>, 18.2-407<\/a>, or 18.2-408<\/a> in Capitol Square<\/span>, or at any other property assigned to the Capitol Police, shall be ordered to pay restitution<\/span> to the Commonwealth for the full amount of damages<\/span> to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square<\/span>, or at any other property assigned to the Capitol Police, to which damage is caused during such riot or unlawful assembly. In any prosecution<\/span> under § 18.2-138<\/a>, 18.2-405<\/a>, 18.2-407<\/a>, or 18.2-408<\/a>, testimony<\/span> of the Division of Engineering and Buildings of the Department of General Services or the Division of Risk Management shall be admissible<\/span> as evidence<\/span> of value or extent of damages<\/span> or cost of repairs to the Capitol or any building, monument, statuary, artwork, or other state property in Capitol Square<\/span>, or at any other property assigned to the Capitol Police. For the purposes of this subsection, “Capitol Square<\/span>” means the grounds and the interior and exterior of all buildings in that area in the City of Richmond bounded by Bank, Governor, Broad, and Ninth Streets. “Capitol Square<\/span>” includes the exterior of all state buildings that are at least 50 years old and bordering the boundary streets. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At or before the time of sentencing, the court<\/span> shall receive and consider any plan for making restitution<\/span> submitted by the defendant<\/span>. The plan shall include the defendant<\/span>’s home address, place of employment and address, social security number and bank information. If the court<\/span> finds such plan to be reasonable and practical under the circumstances, it may consider probation<\/span> or suspension of whatever portion of the sentence that it deems appropriate. By order<\/span> of the court<\/span> incorporating the defendant<\/span>’s plan or a reasonable and practical plan devised by the court<\/span>, the defendant<\/span> shall make restitution<\/span> while he is free on probation<\/span> or work release or following his release from confinement. Additionally, the court<\/span> may order<\/span> that the defendant<\/span> make restitution<\/span> during his confinement, if feasible, based upon both his earning capacity and net worth as determined by the court<\/span> at sentencing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the time of sentencing, the court<\/span> shall determine the amount to be repaid by the defendant<\/span> and the terms and conditions thereof. If community service<\/span> work is ordered, the court<\/span> shall determine the terms and conditions upon which such work shall be performed. The court<\/span> shall include such findings<\/span> in the judgment<\/span> order<\/span>. The order<\/span> shall specify that sums paid under such order<\/span> shall be paid to the clerk, who shall disburse such sums as the court<\/span> may, by order<\/span>, direct. The clerk shall record receipt of restitution<\/span> payments in an automated financial management system operated and maintained by the Executive Secretary of the Supreme Court<\/span> or such other system established and maintained by a circuit<\/span> court<\/span> clerk pursuant to § 17.1-502<\/a>. Any court<\/span> desiring to participate in the Setoff Debt Collection Act (§§ 58.1-520<\/a> through 58.1-535<\/a>) for the purpose of collecting fines or costs or providing restitution<\/span> shall, at the time of sentencing, obtain the social security number of each defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the time of sentencing, the court<\/span> shall enter the amount of restitution<\/span> to be repaid by the defendant<\/span>, the date by which all restitution<\/span> is to be paid, the terms and conditions of such repayment, and the victim<\/span>’s name and contact information, including the victim<\/span>’s home address, telephone number, and email address, on a form prescribed by the Office of the Executive Secretary of the Supreme Court<\/span> of Virginia. If the attorney for the Commonwealth participated in the prosecution<\/span> of the defendant<\/span>, the attorney for the Commonwealth or his designee shall complete, to the extent possible, all portions of the form excluding the amount of restitution<\/span> to be repaid by the defendant<\/span> and the terms and conditions of such repayment. If the attorney for the Commonwealth did not participate in the prosecution<\/span> of the defendant<\/span>, the court<\/span> or the clerk shall complete the form. A copy of the form, excluding contact information for the victim<\/span>, shall be provided to the defendant<\/span> at sentencing. A copy of the form shall be provided to the attorney for the Commonwealth and to the victim<\/span>, his agent, or his estate upon request and free of charge. Except as provided in this section or otherwise required by law<\/span>, the victim<\/span>’s contact information shall be confidential, and the clerk shall not disclose such confidential information to any person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> 1. In any case in which the court orders<\/span> the defendant<\/span> to pay restitution<\/span> and places the defendant<\/span> on probation<\/span> that includes a period of active supervision, the probation<\/span> agency supervising the defendant<\/span> shall notify the court and the attorney for the Commonwealth of the amount of any restitution<\/span> that remains unsatisfied and the last known address for the defendant<\/span> (i) 60 days prior to the defendant<\/span>’s release from supervision pursuant to the terms of the sentencing order<\/span> or (ii) if the agency requests that the defendant<\/span> be released from supervision, at the time the agency submits its request to the court. Such notice shall be in writing and the attorney for the Commonwealth shall, if practicable, provide a copy of the notice to the victim<\/span>. If any amount of restitution<\/span> remains unsatisfied, the court shall conduct a hearing<\/span> prior to the defendant<\/span>’s release from supervision after providing notice of the hearing<\/span> to the defendant<\/span> and the attorney for the Commonwealth. If the court finds that the defendant<\/span> is not in compliance with the restitution<\/span> order<\/span>, the court may (a) release the defendant<\/span> from supervision, (b) modify the period or terms of supervision pursuant to \u00a7 19.2-304<\/a>, (c) revoke some or all of the suspended sentence<\/span> or probation<\/span> pursuant to \u00a7 19.2-306<\/a>, or (d) proceed in accordance with subsection E of \u00a7 19.2-358<\/a>. The court shall also docket<\/span> the restitution<\/span> order<\/span> pursuant to subsection B of \u00a7 19.2-305.2<\/a> unless such order<\/span> has previously been docketed. Any defendant<\/span> who is released from supervision shall be subject to the provisions of subdivision 3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In any case in which the court orders<\/span> the defendant<\/span> to pay restitution<\/span> and places the defendant<\/span> on probation<\/span> that does not include a period of active supervision, the court shall include in the order<\/span> a date, not to exceed two years from the date of the entry of the order<\/span> or, if the court has sentenced the defendant<\/span> to an active term of incarceration, from the date of the defendant<\/span>’s release from incarceration, on which the defendant<\/span>’s compliance with the restitution<\/span> order<\/span> shall be reviewed and the court shall schedule a hearing<\/span> for such date. The court may, on its own motion<\/span>, cancel the hearing<\/span> if the amount of restitution<\/span> has been satisfied. If at the hearing<\/span> the court finds that the defendant<\/span> is not in compliance with the restitution<\/span> order<\/span>, the court may (i) modify the period or terms of probation<\/span> pursuant to § 19.2-304<\/a>, (ii) revoke some or all of the suspended sentence<\/span> or probation<\/span> pursuant to § 19.2-306<\/a>, or (iii) proceed in accordance with the provisions of subsection E of § 19.2-358<\/a>. The court shall also docket<\/span> the restitution<\/span> order<\/span> pursuant to subsection B of § 19.2-305.2<\/a> unless such order<\/span> has previously been docketed. After the hearing<\/span> conducted pursuant to this subdivision, the defendant<\/span> shall be subject to the provisions of subdivision 3. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If any amount of restitution<\/span> remains unsatisfied at the time of a hearing<\/span> conducted pursuant to subdivision 1 or 2, the court shall continue to schedule hearings<\/span> to review the defendant<\/span>’s compliance with the restitution<\/span> order<\/span> until the amount of restitution<\/span> has been satisfied and provide notice of such hearings<\/span> to the defendant<\/span>. The court may, on its own motion<\/span>, cancel any such hearing<\/span> if the amount of restitution<\/span> has been satisfied or if the defendant<\/span> is in compliance with the restitution<\/span> order<\/span>. If at any hearing<\/span> conducted pursuant to this subdivision the court finds that the defendant<\/span> is not in compliance with the restitution<\/span> order<\/span>, the court may (i) modify the period or terms of probation<\/span> pursuant to § 19.2-304<\/a>, (ii) revoke some or all of the suspended sentence<\/span> or probation<\/span> pursuant to § 19.2-306<\/a>, or (iii) proceed in accordance with the provisions of subsection E of § 19.2-358<\/a>. The court shall follow the procedures set forth in this subdivision for the purpose of reviewing compliance with a restitution<\/span> order<\/span> by a defendant<\/span> (a) until the amount of restitution<\/span> has been satisfied or (b) if any amount of restitution<\/span> remains unsatisfied, for the longer of 10 years from the date of the hearing<\/span> held pursuant to subdivision 1 or 2 or the period of probation<\/span> ordered by the court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the court determines at any hearing<\/span> conducted pursuant to this subsection that the defendant<\/span> is unable to pay restitution<\/span> and will remain unable to pay restitution<\/span> for the duration of the review period set forth in subdivision 3, the court may discontinue any further hearings<\/span> to review a defendant<\/span>’s compliance with the restitution<\/span> order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If the court determines that a defendant<\/span> would be incarcerated on the date of any hearing<\/span> scheduled pursuant to this subsection, the court may remove the case from the docket<\/span>, reschedule such hearing<\/span> to a date after the defendant<\/span>’s release from incarceration, and provide notice of the hearing<\/span> to the defendant<\/span> and the attorney for the Commonwealth. If the defendant<\/span> who is on probation<\/span> that includes a period of active supervision is incarcerated, the probation<\/span> agency supervising the defendant<\/span> shall notify the court when the defendant<\/span> has been released from incarceration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> No provision of this subsection shall be construed to prohibit the court from exercising any authority otherwise granted by law<\/span> over a defendant<\/span> during any period of probation<\/span> ordered by the court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> At every hearing<\/span> conducted pursuant to subdivision 1 where the defendant<\/span> was convicted of an offense<\/span> for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390<\/a>, if the court has not previously verified that the conviction<\/span> for such offense<\/span> appears on the criminal history record of the defendant<\/span>, the court shall review the criminal history record of the defendant<\/span> and determine whether the present conviction<\/span> appears on that record. The probation officer<\/span> for the defendant<\/span> shall provide the criminal history record to the court at such hearing<\/span>. If the present conviction<\/span> does not appear on the criminal history record, the court shall order<\/span> that the fingerprints and photograph of the defendant<\/span> be taken by a law<\/span>-enforcement officer and submitted to the Central Criminal Records Exchange. If fingerprints and a photograph have previously been taken for such conviction<\/span>, the probation officer<\/span> shall provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that the conviction<\/span> does not appear on the offender’s criminal history record prior to his release from supervision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> At every hearing<\/span> conducted pursuant to subdivision 2 where the attorney for the Commonwealth participated in the prosecution<\/span> and the defendant<\/span> was convicted of an offense<\/span> for which a report to the Central Criminal Records Exchange is required under subsection A of § 19.2-390<\/a>, if the court has not previously verified that the conviction<\/span> for such offense<\/span> appears on the criminal history record of the defendant<\/span>, the court shall review the criminal history record of the defendant<\/span> and determine whether the present conviction<\/span> appears on that record. If the attorney for the Commonwealth participated in the prosecution<\/span> of the offense<\/span>, the attorney for the Commonwealth shall provide the criminal history record to the court at such hearing<\/span>. If the present conviction<\/span> does not appear on the criminal history record, the court shall order<\/span> that the fingerprints and photograph of the defendant<\/span> be taken by a law<\/span>-enforcement officer and submitted to the Central Criminal Records Exchange. If fingerprints and a photograph have previously been taken for such conviction<\/span>, the attorney for the Commonwealth shall provide written or electronic notification to the Central Criminal Records Exchange within the Department of State Police that the conviction<\/span> does not appear on the offender’s criminal history record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Unreasonable failure to execute the plan by the defendant<\/span> shall result in revocation<\/span> of the probation or imposition of the suspended sentence<\/span>. A hearing<\/span> shall be held in accordance with the provisions of this Code relating to revocation<\/span> of probation or imposition of a suspended sentence<\/span> before either such action is taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A defendant<\/span> convicted of an offense<\/span> under § 18.2-374.1<\/a>, 18.2-374.1:1<\/a>, or 18.2-374.3<\/a> shall be ordered to pay mandatory restitution<\/span> to the victim<\/span> of the offense<\/span> in an amount as determined by the court. For purposes of this subsection, “victim<\/span>” means a person who is depicted in a still or videographic image involved in an offense<\/span> under § 18.2-374.1<\/a>, 18.2-374.1:1<\/a>, or 18.2-374.3<\/a>.\n\t\t\tThe Commonwealth shall make reasonable efforts to notify victims<\/span> of offenses<\/span> under § 18.2-374.1<\/a>, 18.2-374.1:1<\/a>, or 18.2-374.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If restitution<\/span> is ordered to be paid by the defendant<\/span> to the victim<\/span> of a crime<\/span> and the victim<\/span> can no longer be located or identified, the clerk shall deposit any such restitution<\/span> collected to the Criminal Injuries Compensation Fund for the benefit of crime<\/span> victims<\/span> by November 1 of each year. If a clerk does not have any such restitution<\/span> to deposit, the clerk shall provide a statement to that effect to the Fund by November 1 of each year. The administrator shall reserve a sum sufficient in the Fund from which he shall make prompt payment directly to the victim<\/span> for any proper claims. When depositing such restitution<\/span> to the Fund, the clerk shall report the victim<\/span>’s last known contact information, including the victim<\/span>’s home address, telephone number, and email address, and the amount of restitution<\/span> being deposited for that victim<\/span>. Before making the deposit, the administrator shall record the name, contact information, and amount of restitution<\/span> being deposited for each victim<\/span> appearing from the clerk’s report to be entitled to restitution<\/span>. The victim<\/span>’s contact information reported to the Fund shall be confidential and shall not be disseminated further except as otherwise required by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> If restitution<\/span> pursuant to § 19.2-305<\/a> or this section is ordered to be paid by the defendant<\/span> to the victim<\/span> of a crime<\/span> or other entity, and the Criminal Injuries Compensation Fund has made any payments to or on behalf of the victim<\/span> for any loss, damage, or expenses included in the restitution<\/span> order<\/span>, then upon presentation by the Fund of a written request that sets forth the amount of payments made by the Fund to the victim<\/span> or on the victim<\/span>’s behalf, the entity collecting restitution<\/span> shall pay to the Fund as much of the restitution<\/span> collected as will reimburse the Fund for its payments made to the victim<\/span> or on the victim<\/span>’s behalf. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Whenever a defendant<\/span> is ordered to pay restitution<\/span>, any sums collected shall be used first to satisfy such restitution<\/span> order<\/span> and any collection costs associated with restitution<\/span> prior to being used to satisfy any fine, forfeiture, penalty<\/span>, or cost assessed against the defendant<\/span>, unless an order<\/span> for restitution<\/span> is docketed in the name of the victim<\/span> or it is ordered that an assignment of the judgment<\/span> to the victim<\/span> be docketed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESTITUTION FOR PROPERTY DAMAGE OR LOSS; COMMUNITY SERVICE (\u00a7 19.2-305.1)\n\nA. Notwithstanding any other provision of law, no person convicted of a crime in\nviolation of any provision in Title 18.2, which resulted in property damage or\nloss, shall be placed on probation or have his sentence suspended unless such\nperson shall make at least partial restitution for such property damage or loss,\nor shall be compelled to perform community services, or both, or shall submit a\nplan for doing that which appears to the court to be feasible under the\ncircumstances.\n\nB. Notwithstanding any other provision of law, any person who, on or after July\n1, 1995, commits, and is convicted of, a crime in violation of any provision in\nTitle 18.2 shall make at least partial restitution for any property damage or\nloss caused by the crime or for any medical expenses or expenses directly\nrelated to funeral or burial incurred by the victim or his estate as a result of\nthe crime, may be compelled to perform community services and, if the court so\norders, shall submit a plan for doing that which appears to be feasible to the\ncourt under the circumstances.\n\n1. Notwithstanding any other provision of law, any person, who on or after July\n1, 2005 commits and is convicted of a crime in violation of § 18.2-248\ninvolving the manufacture of any controlled substance, may be ordered, upon\npresentation of suitable evidence of such costs, by the court to reimburse the\nCommonwealth or the locality for the costs incurred by the jurisdiction, as the\ncase may be, for the removal and remediation associated with the illegal\nmanufacture of any controlled substance by the defendant.\n\n2. Notwithstanding any other provision of law, any person who, on or after July\n1, 2015, commits and is convicted of a violation of § 18.2-138 for damage\nto the Capitol or any building, monument, statuary, artwork, or other state\nproperty in Capitol Square, or at any other property assigned to the Capitol\nPolice, shall be ordered to pay restitution to the Commonwealth for the full\namount of damages. Any person who, on or after July 1, 2015, commits and is\nconvicted of a violation of § 18.2-405, 18.2-407, or 18.2-408 in Capitol\nSquare, or at any other property assigned to the Capitol Police, shall be\nordered to pay restitution to the Commonwealth for the full amount of damages to\nthe Capitol or any building, monument, statuary, artwork, or other state\nproperty in Capitol Square, or at any other property assigned to the Capitol\nPolice, to which damage is caused during such riot or unlawful assembly. In any\nprosecution under § 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of\nthe Division of Engineering and Buildings of the Department of General Services\nor the Division of Risk Management shall be admissible as evidence of value or\nextent of damages or cost of repairs to the Capitol or any building, monument,\nstatuary, artwork, or other state property in Capitol Square, or at any other\nproperty assigned to the Capitol Police. For the purposes of this subsection,\n“Capitol Square” means the grounds and the interior and exterior of\nall buildings in that area in the City of Richmond bounded by Bank, Governor,\nBroad, and Ninth Streets. “Capitol Square” includes the exterior of\nall state buildings that are at least 50 years old and bordering the boundary\nstreets.\n\nC. At or before the time of sentencing, the court shall receive and consider any\nplan for making restitution submitted by the defendant. The plan shall include\nthe defendant’s home address, place of employment and address, social\nsecurity number and bank information. If the court finds such plan to be\nreasonable and practical under the circumstances, it may consider probation or\nsuspension of whatever portion of the sentence that it deems appropriate. By\norder of the court incorporating the defendant’s plan or a reasonable and\npractical plan devised by the court, the defendant shall make restitution while\nhe is free on probation or work release or following his release from\nconfinement. Additionally, the court may order that the defendant make\nrestitution during his confinement, if feasible, based upon both his earning\ncapacity and net worth as determined by the court at sentencing.\n\nD. At the time of sentencing, the court shall determine the amount to be repaid\nby the defendant and the terms and conditions thereof. If community service work\nis ordered, the court shall determine the terms and conditions upon which such\nwork shall be performed. The court shall include such findings in the judgment\norder. The order shall specify that sums paid under such order shall be paid to\nthe clerk, who shall disburse such sums as the court may, by order, direct. The\nclerk shall record receipt of restitution payments in an automated financial\nmanagement system operated and maintained by the Executive Secretary of the\nSupreme Court or such other system established and maintained by a circuit court\nclerk pursuant to § 17.1-502. Any court desiring to participate in the\nSetoff Debt Collection Act (§§ 58.1-520 through 58.1-535) for the\npurpose of collecting fines or costs or providing restitution shall, at the time\nof sentencing, obtain the social security number of each defendant.\n\nE. At the time of sentencing, the court shall enter the amount of restitution to\nbe repaid by the defendant, the date by which all restitution is to be paid, the\nterms and conditions of such repayment, and the victim’s name and contact\ninformation, including the victim’s home address, telephone number, and\nemail address, on a form prescribed by the Office of the Executive Secretary of\nthe Supreme Court of Virginia. If the attorney for the Commonwealth participated\nin the prosecution of the defendant, the attorney for the Commonwealth or his\ndesignee shall complete, to the extent possible, all portions of the form\nexcluding the amount of restitution to be repaid by the defendant and the terms\nand conditions of such repayment. If the attorney for the Commonwealth did not\nparticipate in the prosecution of the defendant, the court or the clerk shall\ncomplete the form. A copy of the form, excluding contact information for the\nvictim, shall be provided to the defendant at sentencing. A copy of the form\nshall be provided to the attorney for the Commonwealth and to the victim, his\nagent, or his estate upon request and free of charge. Except as provided in this\nsection or otherwise required by law, the victim’s contact information\nshall be confidential, and the clerk shall not disclose such confidential\ninformation to any person.\n\nF. 1. In any case in which the court orders the defendant to pay restitution and\nplaces the defendant on probation that includes a period of active supervision,\nthe probation agency supervising the defendant shall notify the court and the\nattorney for the Commonwealth of the amount of any restitution that remains\nunsatisfied and the last known address for the defendant (i) 60 days prior to\nthe defendant’s release from supervision pursuant to the terms of the\nsentencing order or (ii) if the agency requests that the defendant be released\nfrom supervision, at the time the agency submits its request to the court. Such\nnotice shall be in writing and the attorney for the Commonwealth shall, if\npracticable, provide a copy of the notice to the victim. If any amount of\nrestitution remains unsatisfied, the court shall conduct a hearing prior to the\ndefendant’s release from supervision after providing notice of the hearing\nto the defendant and the attorney for the Commonwealth. If the court finds that\nthe defendant is not in compliance with the restitution order, the court may (a)\nrelease the defendant from supervision, (b) modify the period or terms of\nsupervision pursuant to \u00a7 19.2-304, (c) revoke some or all of the suspended\nsentence or probation pursuant to \u00a7 19.2-306, or (d) proceed in accordance with\nsubsection E of \u00a7 19.2-358. The court shall also docket the restitution order\npursuant to subsection B of \u00a7 19.2-305.2 unless such order has previously been\ndocketed. Any defendant who is released from supervision shall be subject to the\nprovisions of subdivision 3.\n\n 2. In any case in which the court orders the defendant to pay restitution and\n places the defendant on probation that does not include a period of active\n supervision, the court shall include in the order a date, not to exceed two\n years from the date of the entry of the order or, if the court has sentenced\n the defendant to an active term of incarceration, from the date of the\n defendant’s release from incarceration, on which the defendant’s\n compliance with the restitution order shall be reviewed and the court shall\n schedule a hearing for such date. The court may, on its own motion, cancel the\n hearing if the amount of restitution has been satisfied. If at the hearing the\n court finds that the defendant is not in compliance with the restitution\n order, the court may (i) modify the period or terms of probation pursuant to\n § 19.2-304, (ii) revoke some or all of the suspended sentence or\n probation pursuant to § 19.2-306, or (iii) proceed in accordance with the\n provisions of subsection E of § 19.2-358. The court shall also docket the\n restitution order pursuant to subsection B of § 19.2-305.2 unless such\n order has previously been docketed. After the hearing conducted pursuant to\n this subdivision, the defendant shall be subject to the provisions of\n subdivision 3.\n\n 3. If any amount of restitution remains unsatisfied at the time of a hearing\n conducted pursuant to subdivision 1 or 2, the court shall continue to schedule\n hearings to review the defendant’s compliance with the restitution order\n until the amount of restitution has been satisfied and provide notice of such\n hearings to the defendant. The court may, on its own motion, cancel any such\n hearing if the amount of restitution has been satisfied or if the defendant is\n in compliance with the restitution order. If at any hearing conducted pursuant\n to this subdivision the court finds that the defendant is not in compliance\n with the restitution order, the court may (i) modify the period or terms of\n probation pursuant to § 19.2-304, (ii) revoke some or all of the\n suspended sentence or probation pursuant to § 19.2-306, or (iii) proceed\n in accordance with the provisions of subsection E of § 19.2-358. The\n court shall follow the procedures set forth in this subdivision for the\n purpose of reviewing compliance with a restitution order by a defendant (a)\n until the amount of restitution has been satisfied or (b) if any amount of\n restitution remains unsatisfied, for the longer of 10 years from the date of\n the hearing held pursuant to subdivision 1 or 2 or the period of probation\n ordered by the court.\n\n 4. If the court determines at any hearing conducted pursuant to this\n subsection that the defendant is unable to pay restitution and will remain\n unable to pay restitution for the duration of the review period set forth in\n subdivision 3, the court may discontinue any further hearings to review a\n defendant’s compliance with the restitution order.\n\n 5. If the court determines that a defendant would be incarcerated on the date\n of any hearing scheduled pursuant to this subsection, the court may remove the\n case from the docket, reschedule such hearing to a date after the\n defendant’s release from incarceration, and provide notice of the\n hearing to the defendant and the attorney for the Commonwealth. If the\n defendant who is on probation that includes a period of active supervision is\n incarcerated, the probation agency supervising the defendant shall notify the\n court when the defendant has been released from incarceration.\n\n 6. No provision of this subsection shall be construed to prohibit the court\n from exercising any authority otherwise granted by law over a defendant during\n any period of probation ordered by the court.\n\n 7. At every hearing conducted pursuant to subdivision 1 where the defendant\n was convicted of an offense for which a report to the Central Criminal Records\n Exchange is required under subsection A of § 19.2-390, if the court has\n not previously verified that the conviction for such offense appears on the\n criminal history record of the defendant, the court shall review the criminal\n history record of the defendant and determine whether the present conviction\n appears on that record. The probation officer for the defendant shall provide\n the criminal history record to the court at such hearing. If the present\n conviction does not appear on the criminal history record, the court shall\n order that the fingerprints and photograph of the defendant be taken by a\n law-enforcement officer and submitted to the Central Criminal Records\n Exchange. If fingerprints and a photograph have previously been taken for such\n conviction, the probation officer shall provide written or electronic\n notification to the Central Criminal Records Exchange within the Department of\n State Police that the conviction does not appear on the offender’s\n criminal history record prior to his release from supervision.\n\n 8. At every hearing conducted pursuant to subdivision 2 where the attorney for\n the Commonwealth participated in the prosecution and the defendant was\n convicted of an offense for which a report to the Central Criminal Records\n Exchange is required under subsection A of § 19.2-390, if the court has\n not previously verified that the conviction for such offense appears on the\n criminal history record of the defendant, the court shall review the criminal\n history record of the defendant and determine whether the present conviction\n appears on that record. If the attorney for the Commonwealth participated in\n the prosecution of the offense, the attorney for the Commonwealth shall\n provide the criminal history record to the court at such hearing. If the\n present conviction does not appear on the criminal history record, the court\n shall order that the fingerprints and photograph of the defendant be taken by\n a law-enforcement officer and submitted to the Central Criminal Records\n Exchange. If fingerprints and a photograph have previously been taken for such\n conviction, the attorney for the Commonwealth shall provide written or\n electronic notification to the Central Criminal Records Exchange within the\n Department of State Police that the conviction does not appear on the\n offender’s criminal history record.\n\nG. Unreasonable failure to execute the plan by the defendant shall result in\nrevocation of the probation or imposition of the suspended sentence. A hearing\nshall be held in accordance with the provisions of this Code relating to\nrevocation of probation or imposition of a suspended sentence before either such\naction is taken.\n\nH. A defendant convicted of an offense under § 18.2-374.1, 18.2-374.1:1, or\n18.2-374.3 shall be ordered to pay mandatory restitution to the victim of the\noffense in an amount as determined by the court. For purposes of this\nsubsection, “victim” means a person who is depicted in a still or\nvideographic image involved in an offense under § 18.2-374.1, 18.2-374.1:1,\nor 18.2-374.3.\n\t\t\tThe Commonwealth shall make reasonable efforts to notify victims of offenses\nunder § 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.\n\nI. If restitution is ordered to be paid by the defendant to the victim of a\ncrime and the victim can no longer be located or identified, the clerk shall\ndeposit any such restitution collected to the Criminal Injuries Compensation\nFund for the benefit of crime victims by November 1 of each year. If a clerk\ndoes not have any such restitution to deposit, the clerk shall provide a\nstatement to that effect to the Fund by November 1 of each year. The\nadministrator shall reserve a sum sufficient in the Fund from which he shall\nmake prompt payment directly to the victim for any proper claims. When\ndepositing such restitution to the Fund, the clerk shall report the\nvictim’s last known contact information, including the victim’s home\naddress, telephone number, and email address, and the amount of restitution\nbeing deposited for that victim. Before making the deposit, the administrator\nshall record the name, contact information, and amount of restitution being\ndeposited for each victim appearing from the clerk’s report to be entitled\nto restitution. The victim’s contact information reported to the Fund\nshall be confidential and shall not be disseminated further except as otherwise\nrequired by law.\n\nJ. If restitution pursuant to § 19.2-305 or this section is ordered to be\npaid by the defendant to the victim of a crime or other entity, and the Criminal\nInjuries Compensation Fund has made any payments to or on behalf of the victim\nfor any loss, damage, or expenses included in the restitution order, then upon\npresentation by the Fund of a written request that sets forth the amount of\npayments made by the Fund to the victim or on the victim’s behalf, the\nentity collecting restitution shall pay to the Fund as much of the restitution\ncollected as will reimburse the Fund for its payments made to the victim or on\nthe victim’s behalf.\n\nK. Whenever a defendant is ordered to pay restitution, any sums collected shall\nbe used first to satisfy such restitution order and any collection costs\nassociated with restitution prior to being used to satisfy any fine, forfeiture,\npenalty, or cost assessed against the defendant, unless an order for restitution\nis docketed in the name of the victim or it is ordered that an assignment of the\njudgment to the victim be docketed.\n\nHISTORY: 1977, c. 682; 1978, c. 131; 1981, c. 224; 1984, cc. 32, 269; 1994, c.\n197; 1995, cc. 434, 687; 2000, c. 775; 2002, cc. 810, 818; 2003, c. 982; 2005,\nc. 591; 2011, cc. 575, 588; 2013, c. 273; 2015, cc. 312, 550; 2017, cc. 757,\n786, 814; 2018, cc. 316, 671, 724, 725; 2019, cc. 782, 783; 2021, Sp. Sess. I,\ncc. 190, 393.","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}}