{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-306.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-306.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-306.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-306.1.html"}],"law_id":85808,"edition_id":1,"section_id":85808,"structure_id":14013,"section_number":"19.2-306.1","catch_line":"Limitation on sentence upon revocation of suspension of sentence; exceptions","history":"2021, Sp. Sess. I, c. 538.","full_text":"A\n\nFor the purposes of this section, “technical violation” means a violation based on the probationer’s failure to (i) report any arrest, including traffic tickets, within three days to the probation officer; (ii) maintain regular employment or notify the probation officer of any changes in employment; (iii) report within three days of release from incarceration; (iv) permit the probation officer to visit his home and place of employment; (v) follow the instructions of the probation officer, be truthful and cooperative, and report as instructed; (vi) refrain from the use of alcoholic beverages to the extent that it disrupts or interferes with his employment or orderly conduct; (vii) refrain from the use, possession, or distribution of controlled substances or related paraphernalia; (viii) refrain from the use, ownership, possession, or transportation of a firearm; (ix) gain permission to change his residence or remain in the Commonwealth or other designated area without permission of the probation officer; or (x) maintain contact with the probation officer whereby his whereabouts are no longer known to the probation officer. Multiple technical violations arising from a single course of conduct or a single incident or considered at the same revocation hearing shall not be considered separate technical violations for the purposes of sentencing pursuant to this section.B\n\nIf the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense that was committed after the date of the suspension, or has violated another condition other than (i) a technical violation or (ii) a good conduct violation that did not result in a criminal conviction, then the court may revoke the suspension and impose or resuspend any or all of that period previously suspended.C\n\nThe court shall not impose a sentence of a term of active incarceration upon a first technical violation of the terms and conditions of a suspended sentence or probation, and there shall be a presumption against imposing a sentence of a term of active incarceration for any second technical violation of the terms and conditions of a suspended sentence or probation. However, if the court finds, by a preponderance of the evidence, that the defendant committed a second technical violation and he cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than 14 days of active incarceration for a second technical violation. The court may impose whatever sentence might have been originally imposed for a third or subsequent technical violation. For the purposes of this subsection, a first technical violation based on clause (viii) or (x) of subsection A shall be considered a second technical violation, and any subsequent technical violation also based on clause (viii) or (x) of subsection A shall be considered a third or subsequent technical violation.D\n\nThe limitations on sentencing in this section shall not apply to the extent that an additional term of incarceration is necessary to allow a defendant to be evaluated for or to participate in a court-ordered drug, alcohol, or mental health treatment program. In such case, the court shall order the shortest term of incarceration possible to achieve the required evaluation or participation.","order_by":null,"text":{"0":{"id":307296,"text":"For the purposes of this section, “technical violation” means a violation based on the probationer’s failure to (i) report any arrest, including traffic tickets, within three days to the probation officer; (ii) maintain regular employment or notify the probation officer of any changes in employment; (iii) report within three days of release from incarceration; (iv) permit the probation officer to visit his home and place of employment; (v) follow the instructions of the probation officer, be truthful and cooperative, and report as instructed; (vi) refrain from the use of alcoholic beverages to the extent that it disrupts or interferes with his employment or orderly conduct; (vii) refrain from the use, possession, or distribution of controlled substances or related paraphernalia; (viii) refrain from the use, ownership, possession, or transportation of a firearm; (ix) gain permission to change his residence or remain in the Commonwealth or other designated area without permission of the probation officer; or (x) maintain contact with the probation officer whereby his whereabouts are no longer known to the probation officer. Multiple technical violations arising from a single course of conduct or a single incident or considered at the same revocation hearing shall not be considered separate technical violations for the purposes of sentencing pursuant to this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":307297,"text":"If the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense that was committed after the date of the suspension, or has violated another condition other than (i) a technical violation or (ii) a good conduct violation that did not result in a criminal conviction, then the court may revoke the suspension and impose or resuspend any or all of that period previously suspended.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":307298,"text":"The court shall not impose a sentence of a term of active incarceration upon a first technical violation of the terms and conditions of a suspended sentence or probation, and there shall be a presumption against imposing a sentence of a term of active incarceration for any second technical violation of the terms and conditions of a suspended sentence or probation. However, if the court finds, by a preponderance of the evidence, that the defendant committed a second technical violation and he cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than 14 days of active incarceration for a second technical violation. The court may impose whatever sentence might have been originally imposed for a third or subsequent technical violation. For the purposes of this subsection, a first technical violation based on clause (viii) or (x) of subsection A shall be considered a second technical violation, and any subsequent technical violation also based on clause (viii) or (x) of subsection A shall be considered a third or subsequent technical violation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":307299,"text":"The limitations on sentencing in this section shall not apply to the extent that an additional term of incarceration is necessary to allow a defendant to be evaluated for or to participate in a court-ordered drug, alcohol, or mental health treatment program. In such case, the court shall order the shortest term of incarceration possible to achieve the required evaluation or participation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; 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exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-306.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section, “technical violation<\/span>” means a violation based on the probationer’s failure to (i) report any arrest<\/span>, including traffic tickets, within three days to the probation officer<\/span>; (ii) maintain regular employment or notify the probation officer<\/span> of any changes in employment; (iii) report within three days of release from incarceration; (iv) permit the probation officer<\/span> to visit his home and place of employment; (v) follow the instructions of the probation officer<\/span>, be truthful and cooperative, and report as instructed; (vi) refrain from the use of alcoholic beverages to the extent that it disrupts or interferes with his employment or orderly conduct; (vii) refrain from the use, possession<\/span>, or distribution of controlled substances or related paraphernalia; (viii) refrain from the use, ownership, possession<\/span>, or transportation of a firearm; (ix) gain permission to change his residence or remain in the Commonwealth or other designated area without permission of the probation officer<\/span>; or (x) maintain contact with the probation officer<\/span> whereby his whereabouts are no longer known to the probation officer<\/span>. Multiple technical violations<\/span> arising from a single course of conduct or a single incident or considered at the same revocation<\/span> hearing<\/span> shall not be considered separate technical violations<\/span> for the purposes of sentencing pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> finds the basis of a violation of the terms and conditions of a suspended sentence<\/span> or probation is that the defendant<\/span> was convicted of a criminal offense<\/span> that was committed after the date of the suspension, or has violated another condition other than (i) a technical violation<\/span> or (ii) a good conduct violation that did not result in a criminal conviction<\/span>, then the court<\/span> may revoke the suspension and impose or resuspend any or all of that period previously suspended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall not impose a sentence of a term of active incarceration upon a first technical violation<\/span> of the terms and conditions of a suspended sentence<\/span> or probation, and there shall be a presumption<\/span> against imposing a sentence of a term of active incarceration for any second technical violation<\/span> of the terms and conditions of a suspended sentence<\/span> or probation. However, if the court<\/span> finds, by a preponderance of the evidence<\/span>, that the defendant<\/span> committed a second technical violation<\/span> and he cannot be safely diverted from active incarceration through less restrictive means, the court<\/span> may impose not more than 14 days of active incarceration for a second technical violation<\/span>. The court<\/span> may impose whatever sentence might have been originally imposed for a third or subsequent technical violation<\/span>. For the purposes of this subsection, a first technical violation<\/span> based on clause (viii) or (x) of subsection A shall be considered a second technical violation<\/span>, and any subsequent technical violation<\/span> also based on clause (viii) or (x) of subsection A shall be considered a third or subsequent technical violation<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The limitations on sentencing in this section shall not apply to the extent that an additional term of incarceration is necessary to allow a defendant<\/span> to be evaluated for or to participate in a court<\/span>-ordered drug, alcohol, or mental health treatment<\/span> program. In such case, the court<\/span> shall order<\/span> the shortest term of incarceration possible to achieve the required evaluation or participation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION ON SENTENCE UPON REVOCATION OF SUSPENSION OF SENTENCE; EXCEPTIONS (\u00a7\n19.2-306.1)\n\nA. For the purposes of this section, “technical violation” means a\nviolation based on the probationer’s failure to (i) report any arrest,\nincluding traffic tickets, within three days to the probation officer; (ii)\nmaintain regular employment or notify the probation officer of any changes in\nemployment; (iii) report within three days of release from incarceration; (iv)\npermit the probation officer to visit his home and place of employment; (v)\nfollow the instructions of the probation officer, be truthful and cooperative,\nand report as instructed; (vi) refrain from the use of alcoholic beverages to\nthe extent that it disrupts or interferes with his employment or orderly\nconduct; (vii) refrain from the use, possession, or distribution of controlled\nsubstances or related paraphernalia; (viii) refrain from the use, ownership,\npossession, or transportation of a firearm; (ix) gain permission to change his\nresidence or remain in the Commonwealth or other designated area without\npermission of the probation officer; or (x) maintain contact with the probation\nofficer whereby his whereabouts are no longer known to the probation officer.\nMultiple technical violations arising from a single course of conduct or a\nsingle incident or considered at the same revocation hearing shall not be\nconsidered separate technical violations for the purposes of sentencing pursuant\nto this section.\n\nB. If the court finds the basis of a violation of the terms and conditions of a\nsuspended sentence or probation is that the defendant was convicted of a\ncriminal offense that was committed after the date of the suspension, or has\nviolated another condition other than (i) a technical violation or (ii) a good\nconduct violation that did not result in a criminal conviction, then the court\nmay revoke the suspension and impose or resuspend any or all of that period\npreviously suspended.\n\nC. The court shall not impose a sentence of a term of active incarceration upon\na first technical violation of the terms and conditions of a suspended sentence\nor probation, and there shall be a presumption against imposing a sentence of a\nterm of active incarceration for any second technical violation of the terms and\nconditions of a suspended sentence or probation. However, if the court finds, by\na preponderance of the evidence, that the defendant committed a second technical\nviolation and he cannot be safely diverted from active incarceration through\nless restrictive means, the court may impose not more than 14 days of active\nincarceration for a second technical violation. The court may impose whatever\nsentence might have been originally imposed for a third or subsequent technical\nviolation. For the purposes of this subsection, a first technical violation\nbased on clause (viii) or (x) of subsection A shall be considered a second\ntechnical violation, and any subsequent technical violation also based on clause\n(viii) or (x) of subsection A shall be considered a third or subsequent\ntechnical violation.\n\nD. The limitations on sentencing in this section shall not apply to the extent\nthat an additional term of incarceration is necessary to allow a defendant to be\nevaluated for or to participate in a court-ordered drug, alcohol, or mental\nhealth treatment program. In such case, the court shall order the shortest term\nof incarceration possible to achieve the required evaluation or participation.\n\nHISTORY: 2021, Sp. Sess. I, c. 538.","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}}