{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-306.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-306.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-306.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-306.2.html"}],"law_id":85846,"edition_id":1,"section_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","history":"2022, cc. 569, 570.","full_text":"A\n\nIn any proceeding conducted pursuant to § 19.2-306 for revocation of suspension of sentence or probation imposed as a result of a felony conviction, the circuit court shall have presented to it a sentencing revocation report prepared on a form designated by the Virginia Criminal Sentencing Commission. Such form shall indicate the nature of the alleged violation or violations and, if the defendant is subject to supervised probation, the condition or conditions of probation that the defendant has allegedly violated. The sentencing revocation report shall be prepared by the supervising probation agency that initiated the request for the revocation hearing. If the defendant is not under active probation supervision or the supervising probation agency did not initiate the request for the revocation hearing, the sentencing revocation report shall be completed by an attorney for the Commonwealth.B\n\nFor every proceeding conducted pursuant to \u00a7 19.2-306 in which the defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer, the court shall have presented to it the applicable discretionary probation violation guidelines pursuant to \u00a7 17.1-803.1\n\nThe applicable discretionary probation violation guidelines shall be prepared by a state probation and parole officer on a form designated by the Virginia Criminal Sentencing Commission. If a party other than a probation and parole officer initiated the request for the revocation hearing, no probation violation guidelines are prepared and only the sentencing revocation report required by subsection A shall be submitted to the court.2\n\nThe court shall review and consider the suitability of the applicable discretionary probation violation guidelines. Before imposing sentence, the court shall state for the record that such review and consideration have been accomplished and shall make the completed worksheets a part of the record of the case.3\n\nIn any proceeding in which the court imposes a sentence that is either greater than or less than that indicated by the discretionary probation violation guidelines, the court shall provide a written explanation of such departure to be filed with the record of the case.C\n\nWithin 30 days following the entry of a final order in a revocation proceeding, the clerk of the circuit court shall prepare and send to the Virginia Criminal Sentencing Commission a copy or copies of (i) the final order, (ii) the original sentencing revocation report, (iii) any applicable probation violation guideline worksheets prepared for such proceeding, and (iv) any written explanation regarding a departure from the probation violation guidelines pursuant to subsection B.D\n\nFailure to follow the provisions of this section or failure to follow these provisions in the prescribed manner shall not be reviewable on appeal and shall not be used for the basis of any other post-proceeding relief.","order_by":null,"text":{"0":{"id":307435,"text":"In any proceeding conducted pursuant to § 19.2-306 for revocation of suspension of sentence or probation imposed as a result of a felony conviction, the circuit court shall have presented to it a sentencing revocation report prepared on a form designated by the Virginia Criminal Sentencing Commission. Such form shall indicate the nature of the alleged violation or violations and, if the defendant is subject to supervised probation, the condition or conditions of probation that the defendant has allegedly violated. The sentencing revocation report shall be prepared by the supervising probation agency that initiated the request for the revocation hearing. If the defendant is not under active probation supervision or the supervising probation agency did not initiate the request for the revocation hearing, the sentencing revocation report shall be completed by an attorney for the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":307436,"text":"For every proceeding conducted pursuant to \u00a7 19.2-306 in which the defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer, the court shall have presented to it the applicable discretionary probation violation guidelines pursuant to \u00a7 17.1-803.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":307437,"text":"The applicable discretionary probation violation guidelines shall be prepared by a state probation and parole officer on a form designated by the Virginia Criminal Sentencing Commission. If a party other than a probation and parole officer initiated the request for the revocation hearing, no probation violation guidelines are prepared and only the sentencing revocation report required by subsection A shall be submitted to the court.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":307438,"text":"The court shall review and consider the suitability of the applicable discretionary probation violation guidelines. Before imposing sentence, the court shall state for the record that such review and consideration have been accomplished and shall make the completed worksheets a part of the record of the case.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":307439,"text":"In any proceeding in which the court imposes a sentence that is either greater than or less than that indicated by the discretionary probation violation guidelines, the court shall provide a written explanation of such departure to be filed with the record of the case.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":307440,"text":"Within 30 days following the entry of a final order in a revocation proceeding, the clerk of the circuit court shall prepare and send to the Virginia Criminal Sentencing Commission a copy or copies of (i) the final order, (ii) the original sentencing revocation report, (iii) any applicable probation violation guideline worksheets prepared for such proceeding, and (iv) any written explanation regarding a departure from the probation violation guidelines pursuant to subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":307441,"text":"Failure to follow the provisions of this section or failure to follow these provisions in the prescribed manner shall not be reviewable on appeal and shall not be used for the basis of any other post-proceeding relief.","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; 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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; 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exceptions","url":"\/19.2-306.1\/","token":"19.2\/18\/1\/19.2-306.1","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-306.2\/","history_text":"

This law was first created in 2022. The record of its establishment is cataloged in chapters 569<\/a> and 570<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":66441,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306\/"}],"refers_to":[{"id":66441,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306\/"}],"permalink":{"id":169589,"object_type":"law","relational_id":85846,"identifier":"19.2-306.2","token":"19.2\/18\/1\/19.2-306.2","url":"\/19.2-306.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-306.2\/","token":"19.2\/18\/1\/19.2-306.2","dublin_core":{"Title":"Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-306.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any proceeding conducted pursuant to § 19.2-306<\/a> for revocation<\/span> of suspension of sentence or probation<\/span> imposed as a result of a felony<\/span> conviction<\/span>, the circuit<\/span> court<\/span> shall have presented to it a sentencing revocation<\/span> report prepared on a form designated by the Virginia Criminal Sentencing Commission. Such form shall indicate the nature of the alleged violation or violations and, if the defendant<\/span> is subject to supervised probation<\/span>, the condition or conditions of probation<\/span> that the defendant<\/span> has allegedly violated. The sentencing revocation<\/span> report shall be prepared by the supervising probation<\/span> agency that initiated the request for the revocation<\/span> hearing<\/span>. If the defendant<\/span> is not under active probation<\/span> supervision or the supervising probation<\/span> agency did not initiate the request for the revocation<\/span> hearing<\/span>, the sentencing revocation<\/span> report shall be completed by an attorney for the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For every proceeding conducted pursuant to \u00a7 19.2-306<\/a> in which the defendant<\/span> is cited for violating a condition or conditions of supervised probation imposed as a result of a felony<\/span> conviction<\/span> and such person is under the supervision of a state probation and parole<\/span> officer, the court<\/span> shall have presented to it the applicable discretionary probation violation<\/span> guidelines pursuant to \u00a7 17.1-803<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The applicable discretionary probation violation<\/span> guidelines shall be prepared by a state probation and parole<\/span> officer on a form designated by the Virginia Criminal Sentencing Commission. If a party<\/span> other than a probation and parole<\/span> officer initiated the request for the revocation<\/span> hearing<\/span>, no probation violation<\/span> guidelines are prepared and only the sentencing revocation<\/span> report required by subsection A shall be submitted to the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The court<\/span> shall review and consider the suitability of the applicable discretionary probation violation<\/span> guidelines. Before imposing sentence, the court<\/span> shall state for the record that such review and consideration have been accomplished and shall make the completed worksheets a part of the record of the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In any proceeding in which the court<\/span> imposes a sentence that is either greater than or less than that indicated by the discretionary probation violation<\/span> guidelines, the court<\/span> shall provide a written explanation of such departure to be filed with the record of the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Within 30 days following the entry of a final order<\/span> in a revocation<\/span> proceeding, the clerk of the circuit<\/span> court<\/span> shall prepare and send to the Virginia Criminal Sentencing Commission a copy or copies of (i) the final order<\/span>, (ii) the original sentencing revocation<\/span> report, (iii) any applicable probation violation<\/span> guideline worksheets prepared for such proceeding, and (iv) any written explanation regarding a departure from the probation violation<\/span> guidelines pursuant to subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Failure to follow the provisions of this section or failure to follow these provisions in the prescribed manner shall not be reviewable on appeal<\/span> and shall not be used for the basis of any other post-proceeding relief. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF SENTENCING REVOCATION REPORT AND DISCRETIONARY SENTENCING GUIDELINES IN\nCASES OF REVOCATION OF SUSPENSION OF SENTENCE AND PROBATION (\u00a7 19.2-306.2)\n\nA. In any proceeding conducted pursuant to § 19.2-306 for revocation of\nsuspension of sentence or probation imposed as a result of a felony conviction,\nthe circuit court shall have presented to it a sentencing revocation report\nprepared on a form designated by the Virginia Criminal Sentencing Commission.\nSuch form shall indicate the nature of the alleged violation or violations and,\nif the defendant is subject to supervised probation, the condition or conditions\nof probation that the defendant has allegedly violated. The sentencing\nrevocation report shall be prepared by the supervising probation agency that\ninitiated the request for the revocation hearing. If the defendant is not under\nactive probation supervision or the supervising probation agency did not\ninitiate the request for the revocation hearing, the sentencing revocation\nreport shall be completed by an attorney for the Commonwealth.\n\nB. For every proceeding conducted pursuant to \u00a7 19.2-306 in which the defendant\nis cited for violating a condition or conditions of supervised probation imposed\nas a result of a felony conviction and such person is under the supervision of a\nstate probation and parole officer, the court shall have presented to it the\napplicable discretionary probation violation guidelines pursuant to \u00a7 17.1-803.\n\n 1. The applicable discretionary probation violation guidelines shall be\n prepared by a state probation and parole officer on a form designated by the\n Virginia Criminal Sentencing Commission. If a party other than a probation and\n parole officer initiated the request for the revocation hearing, no probation\n violation guidelines are prepared and only the sentencing revocation report\n required by subsection A shall be submitted to the court.\n\n 2. The court shall review and consider the suitability of the applicable\n discretionary probation violation guidelines. Before imposing sentence, the\n court shall state for the record that such review and consideration have been\n accomplished and shall make the completed worksheets a part of the record of\n the case.\n\n 3. In any proceeding in which the court imposes a sentence that is either\n greater than or less than that indicated by the discretionary probation\n violation guidelines, the court shall provide a written explanation of such\n departure to be filed with the record of the case.\n\nC. Within 30 days following the entry of a final order in a revocation\nproceeding, the clerk of the circuit court shall prepare and send to the\nVirginia Criminal Sentencing Commission a copy or copies of (i) the final order,\n(ii) the original sentencing revocation report, (iii) any applicable probation\nviolation guideline worksheets prepared for such proceeding, and (iv) any\nwritten explanation regarding a departure from the probation violation\nguidelines pursuant to subsection B.\n\nD. Failure to follow the provisions of this section or failure to follow these\nprovisions in the prescribed manner shall not be reviewable on appeal and shall\nnot be used for the basis of any other post-proceeding relief.\n\nHISTORY: 2022, cc. 569, 570.","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}}