{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-311.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-311.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-311.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-311.html"}],"law_id":61790,"edition_id":1,"section_id":61790,"structure_id":15769,"section_number":"19.2-311","catch_line":"Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department","history":"Code 1950, \u00a7 19.1-295.1; 1966, c. 579; 1974, cc. 44, 45; 1975, c. 495; 1976, c. 498; 1980, c. 531; 1988, c. 38; 1990, c. 701; 1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 387; 2000, cc. 668, 690; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"A\n\nThe judge, after a finding of guilt, when fixing punishment in those cases specifically enumerated in subsection B, may, in his discretion, in lieu of imposing any other penalty provided by law and, with consent of the person convicted, commit such person for a period of four years, which commitment shall be indeterminate in character. In addition, the court shall impose a period of confinement which shall be suspended. Subject to the provisions of subsection C, such persons shall be committed to the Department of Corrections for confinement in a state facility for youthful offenders established pursuant to § 53.1-63. Such confinement shall be followed by at least one and one-half years of supervisory parole, conditioned on good behavior. The sentence of indeterminate commitment and eligibility for continuous evaluation and parole under § 19.2-313 shall remain in effect but eligibility for use of programs and facilities established pursuant to § 53.1-63 shall lapse if such person (i) exhibits intractable behavior as defined in § 53.1-66 or (ii) is convicted of a second criminal offense which is a felony. A sentence imposed for any second criminal offense shall run consecutively with the indeterminate sentence.B\n\nThe provisions of subsection A shall be applicable to first convictions in which the person convicted:1\n\nCommitted the offense of which convicted before becoming 21 years of age;2\n\nWas convicted of a felony offense other than any of the following: aggravated murder, murder in the first degree or murder in the second degree or a violation of § 18.2-61, 18.2-67.1, or 18.2-67.2 or subdivision A 1 of § 18.2-67.3; and3\n\nIs considered by the judge to be capable of returning to society as a productive citizen following a reasonable amount of rehabilitation.C\n\nSubsequent to a finding of guilt and prior to fixing punishment, the Department of Corrections shall, concurrently with the evaluation required by § 19.2-316, review all aspects of the case to determine whether (i) such defendant is physically and emotionally suitable for the program, (ii) such indeterminate sentence of commitment is in the best interest of the Commonwealth and of the person convicted, and (iii) facilities are available for the confinement of such person. After the review such person shall be again brought before the court, which shall review the findings of the Department. The court may impose a sentence as authorized in subsection A, or any other penalty provided by law.D\n\nUpon the defendant’s failure to complete the program established pursuant to § 53.1-63 or to comply with the terms and conditions through no fault of his own, the defendant shall be brought before the court for hearing. Notwithstanding the provisions for pronouncement of sentence as set forth in § 19.2-306, the court, after hearing, may pronounce whatever sentence was originally imposed, pronounce a reduced sentence, or impose such other terms and conditions of probation as it deems appropriate.","order_by":null,"text":{"0":{"id":225648,"text":"The judge, after a finding of guilt, when fixing punishment in those cases specifically enumerated in subsection B, may, in his discretion, in lieu of imposing any other penalty provided by law and, with consent of the person convicted, commit such person for a period of four years, which commitment shall be indeterminate in character. In addition, the court shall impose a period of confinement which shall be suspended. Subject to the provisions of subsection C, such persons shall be committed to the Department of Corrections for confinement in a state facility for youthful offenders established pursuant to § 53.1-63. Such confinement shall be followed by at least one and one-half years of supervisory parole, conditioned on good behavior. The sentence of indeterminate commitment and eligibility for continuous evaluation and parole under § 19.2-313 shall remain in effect but eligibility for use of programs and facilities established pursuant to § 53.1-63 shall lapse if such person (i) exhibits intractable behavior as defined in § 53.1-66 or (ii) is convicted of a second criminal offense which is a felony. A sentence imposed for any second criminal offense shall run consecutively with the indeterminate sentence.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225649,"text":"The provisions of subsection A shall be applicable to first convictions in which the person convicted:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":225650,"text":"Committed the offense of which convicted before becoming 21 years of age;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":225651,"text":"Was convicted of a felony offense other than any of the following: aggravated murder, murder in the first degree or murder in the second degree or a violation of § 18.2-61, 18.2-67.1, or 18.2-67.2 or subdivision A 1 of § 18.2-67.3; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":225652,"text":"Is considered by the judge to be capable of returning to society as a productive citizen following a reasonable amount of rehabilitation.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":225653,"text":"Subsequent to a finding of guilt and prior to fixing punishment, the Department of Corrections shall, concurrently with the evaluation required by § 19.2-316, review all aspects of the case to determine whether (i) such defendant is physically and emotionally suitable for the program, (ii) such indeterminate sentence of commitment is in the best interest of the Commonwealth and of the person convicted, and (iii) facilities are available for the confinement of such person. After the review such person shall be again brought before the court, which shall review the findings of the Department. The court may impose a sentence as authorized in subsection A, or any other penalty provided by law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":225654,"text":"Upon the defendant’s failure to complete the program established pursuant to § 53.1-63 or to comply with the terms and conditions through no fault of his own, the defendant shall be brought before the court for hearing. Notwithstanding the provisions for pronouncement of sentence as set forth in § 19.2-306, the court, after hearing, may pronounce whatever sentence was originally imposed, pronounce a reduced sentence, or impose such other terms and conditions of probation as it deems appropriate.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15769,"edition_id":1,"name":"Indeterminate Commitment","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:59:17","date_modified":"2026-06-26 03:59:17","permalink":{"id":169659,"object_type":"structure","relational_id":15769,"identifier":"2","token":"19.2\/18\/2","url":"\/19.2\/18\/2\/","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":61790,"structure_id":15769,"section_number":"19.2-311","catch_line":"Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department","url":"\/19.2-311\/","token":"19.2\/18\/2\/19.2-311","metadata":false},{"id":79561,"structure_id":15769,"section_number":"19.2-312","catch_line":"Repealed","url":"\/19.2-312\/","token":"19.2\/18\/2\/19.2-312","metadata":false},{"id":85020,"structure_id":15769,"section_number":"19.2-313","catch_line":"Eligibility for release","url":"\/19.2-313\/","token":"19.2\/18\/2\/19.2-313","metadata":false},{"id":85216,"structure_id":15769,"section_number":"19.2-314","catch_line":"Supervision of persons released","url":"\/19.2-314\/","token":"19.2\/18\/2\/19.2-314","metadata":false},{"id":60694,"structure_id":15769,"section_number":"19.2-315","catch_line":"Compliance with terms and conditions of parole; time on parole not counted as part of commitment period","url":"\/19.2-315\/","token":"19.2\/18\/2\/19.2-315","metadata":false},{"id":67161,"structure_id":15769,"section_number":"19.2-316","catch_line":"Evaluation and report prior to determining punishment","url":"\/19.2-316\/","token":"19.2\/18\/2\/19.2-316","metadata":false}],"next_section":{"id":79561,"structure_id":15769,"section_number":"19.2-312","catch_line":"Repealed","url":"\/19.2-312\/","token":"19.2\/18\/2\/19.2-312","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-311\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1966, chapter 579; in 1974, chapters 44 and 45; in 1975, chapter 495; in 1976, chapter 498; in 1980, chapter 531; in 1988, chapter 38; in 1990, chapter 701; in 1994, chapters 859<\/a> and 949<\/a>; in 1996, chapters 755<\/a> and 914<\/a>; in 1997, chapter 387<\/a>; in 2000, chapters 668<\/a> and 690<\/a>.<\/p>","references":[{"id":85020,"section_number":"19.2-313","catch_line":"Eligibility for release","order_by":null,"url":"\/19.2-313\/"},{"id":67081,"section_number":"53.1-63","catch_line":"Department to establish facilities for persons committed under Article 2 (\u00a7 19.2-311 et seq.) of Chapter 18 of Title 19.2","order_by":null,"url":"\/53.1-63\/"},{"id":55317,"section_number":"53.1-64","catch_line":"Programs and facilities","order_by":null,"url":"\/53.1-64\/"},{"id":70265,"section_number":"53.1-65","catch_line":"Consideration of report developed at diagnostic facilities","order_by":null,"url":"\/53.1-65\/"},{"id":79592,"section_number":"53.1-66","catch_line":"Transfer of prisoners to other facilities","order_by":null,"url":"\/53.1-66\/"},{"id":72348,"section_number":"53.1-67","catch_line":"Admission to facility; good conduct allowance restricted","order_by":null,"url":"\/53.1-67\/"}],"refers_to":[{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":73623,"section_number":"18.2-67.1","catch_line":"Forcible sodomy","order_by":null,"url":"\/18.2-67.1\/"},{"id":73072,"section_number":"18.2-67.2","catch_line":"Object sexual penetration; penalty","order_by":null,"url":"\/18.2-67.2\/"},{"id":85126,"section_number":"18.2-67.3","catch_line":"Aggravated sexual battery; penalty","order_by":null,"url":"\/18.2-67.3\/"},{"id":66441,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306\/"},{"id":85020,"section_number":"19.2-313","catch_line":"Eligibility for release","order_by":null,"url":"\/19.2-313\/"},{"id":67161,"section_number":"19.2-316","catch_line":"Evaluation and report prior to determining punishment","order_by":null,"url":"\/19.2-316\/"},{"id":67081,"section_number":"53.1-63","catch_line":"Department to establish facilities for persons committed under Article 2 (\u00a7 19.2-311 et seq.) of Chapter 18 of Title 19.2","order_by":null,"url":"\/53.1-63\/"},{"id":79592,"section_number":"53.1-66","catch_line":"Transfer of prisoners to other facilities","order_by":null,"url":"\/53.1-66\/"}],"permalink":{"id":169661,"object_type":"law","relational_id":61790,"identifier":"19.2-311","token":"19.2\/18\/2\/19.2-311","url":"\/19.2-311\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-311\/","token":"19.2\/18\/2\/19.2-311","dublin_core":{"Title":"Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-311","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The judge<\/span>, after a finding<\/span> of guilt, when fixing punishment in those cases specifically enumerated in subsection B, may, in his discretion, in lieu of imposing any other penalty<\/span> provided by law<\/span> and, with consent of the person convicted, commit such person for a period of four years, which commitment shall be indeterminate in character. In addition, the court<\/span> shall impose a period of confinement which shall be suspended. Subject to the provisions of subsection C, such persons shall be committed to the Department of Corrections for confinement in a state facility for youthful offenders established pursuant to § 53.1-63<\/a>. Such confinement shall be followed by at least one and one-half years of supervisory parole<\/span>, conditioned on good behavior. The sentence of indeterminate commitment and eligibility for continuous evaluation and parole<\/span> under § 19.2-313<\/a> shall remain in effect but eligibility for use of programs and facilities established pursuant to § 53.1-63<\/a> shall lapse if such person (i) exhibits intractable behavior as defined in § 53.1-66<\/a> or (ii) is convicted of a second criminal offense<\/span> which is a felony<\/span>. A sentence imposed for any second criminal offense<\/span> shall run consecutively with the indeterminate sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of subsection A shall be applicable to first convictions<\/span> in which the person convicted: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Committed the offense<\/span> of which convicted before becoming 21 years of age; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Was convicted of a felony<\/span> offense<\/span> other than any of the following: aggravated murder<\/span>, murder<\/span> in the first degree or murder<\/span> in the second degree or a violation of § 18.2-61<\/a>, 18.2-67.1<\/a>, or 18.2-67.2<\/a> or subdivision A 1 of § 18.2-67.3<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Is considered by the judge<\/span> to be capable of returning to society as a productive citizen following a reasonable amount of rehabilitation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subsequent to a finding<\/span> of guilt and prior to fixing punishment, the Department of Corrections shall, concurrently with the evaluation required by § 19.2-316<\/a>, review all aspects of the case to determine whether (i) such defendant<\/span> is physically and emotionally suitable for the program, (ii) such indeterminate sentence of commitment is in the best interest of the Commonwealth and of the person convicted, and (iii) facilities are available for the confinement of such person. After the review such person shall be again brought before the court<\/span>, which shall review the findings<\/span> of the Department. The court<\/span> may impose a sentence as authorized in subsection A, or any other penalty<\/span> provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon the defendant<\/span>’s failure to complete the program established pursuant to § 53.1-63<\/a> or to comply with the terms and conditions through no fault of his own, the defendant<\/span> shall be brought before the court<\/span> for hearing<\/span>. Notwithstanding the provisions for pronouncement of sentence as set forth in § 19.2-306<\/a>, the court<\/span>, after hearing<\/span>, may pronounce whatever sentence was originally imposed, pronounce a reduced sentence, or impose such other terms and conditions of probation<\/span> as it deems appropriate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINDETERMINATE COMMITMENT TO DEPARTMENT OF CORRECTIONS IN CERTAIN CASES; DURATION\nAND CHARACTER OF COMMITMENT; CONCURRENCE BY DEPARTMENT (\u00a7 19.2-311)\n\nA. The judge, after a finding of guilt, when fixing punishment in those cases\nspecifically enumerated in subsection B, may, in his discretion, in lieu of\nimposing any other penalty provided by law and, with consent of the person\nconvicted, commit such person for a period of four years, which commitment shall\nbe indeterminate in character. In addition, the court shall impose a period of\nconfinement which shall be suspended. Subject to the provisions of subsection C,\nsuch persons shall be committed to the Department of Corrections for confinement\nin a state facility for youthful offenders established pursuant to §\n53.1-63. Such confinement shall be followed by at least one and one-half years\nof supervisory parole, conditioned on good behavior. The sentence of\nindeterminate commitment and eligibility for continuous evaluation and parole\nunder § 19.2-313 shall remain in effect but eligibility for use of programs\nand facilities established pursuant to § 53.1-63 shall lapse if such person\n(i) exhibits intractable behavior as defined in § 53.1-66 or (ii) is\nconvicted of a second criminal offense which is a felony. A sentence imposed for\nany second criminal offense shall run consecutively with the indeterminate\nsentence.\n\nB. The provisions of subsection A shall be applicable to first convictions in\nwhich the person convicted:\n\n 1. Committed the offense of which convicted before becoming 21 years of age;\n\n 2. Was convicted of a felony offense other than any of the following:\n aggravated murder, murder in the first degree or murder in the second degree\n or a violation of § 18.2-61, 18.2-67.1, or 18.2-67.2 or subdivision A 1\n of § 18.2-67.3; and\n\n 3. Is considered by the judge to be capable of returning to society as a\n productive citizen following a reasonable amount of rehabilitation.\n\nC. Subsequent to a finding of guilt and prior to fixing punishment, the\nDepartment of Corrections shall, concurrently with the evaluation required by\n§ 19.2-316, review all aspects of the case to determine whether (i) such\ndefendant is physically and emotionally suitable for the program, (ii) such\nindeterminate sentence of commitment is in the best interest of the Commonwealth\nand of the person convicted, and (iii) facilities are available for the\nconfinement of such person. After the review such person shall be again brought\nbefore the court, which shall review the findings of the Department. The court\nmay impose a sentence as authorized in subsection A, or any other penalty\nprovided by law.\n\nD. Upon the defendant’s failure to complete the program established\npursuant to § 53.1-63 or to comply with the terms and conditions through no\nfault of his own, the defendant shall be brought before the court for hearing.\nNotwithstanding the provisions for pronouncement of sentence as set forth in\n§ 19.2-306, the court, after hearing, may pronounce whatever sentence was\noriginally imposed, pronounce a reduced sentence, or impose such other terms and\nconditions of probation as it deems appropriate.\n\nHISTORY: Code 1950, \u00a7 19.1-295.1; 1966, c. 579; 1974, cc. 44, 45; 1975, c. 495;\n1976, c. 498; 1980, c. 531; 1988, c. 38; 1990, c. 701; 1994, cc. 859, 949; 1996,\ncc. 755, 914; 1997, c. 387; 2000, cc. 668, 690; 2021, Sp. Sess. I, cc. 344, 345.","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}}