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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63915</law_id><section_number>19.2-303</section_number><catch_line>Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-295.2</reference><reference>19.2-298.01</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="18">Sentence; Judgment; Execution of Sentence</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>After <span class="dictionary">conviction</span>, whether with or without <span class="dictionary">jury</span>, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition may place the <span class="dictionary">defendant</span> on probation under such conditions as the court shall determine, including monitoring by a GPS (Global Positioning System) tracking device, or other similar device, or may, as a condition of a <span class="dictionary">suspended sentence</span>, require the <span class="dictionary">defendant</span> to make at least partial <span class="dictionary">restitution</span> to the <span class="dictionary">aggrieved party</span> or parties for <span class="dictionary">damages</span> or loss caused by the <span class="dictionary">offense</span> for which convicted, or to perform <span class="dictionary">community service</span>, or both, under terms and conditions which shall be entered in writing by the court. The court may fix the period of probation for up to the statutory maximum period for which the <span class="dictionary">defendant</span> might originally have been sentenced to be imprisoned. Any period of supervised probation shall not exceed five years from the release of the <span class="dictionary">defendant</span> from any active period of incarceration. The limitation on the period of probation shall not apply to the extent that an additional period of probation is necessary (i) for the <span class="dictionary">defendant</span> to participate in a court-ordered program or (ii) if a <span class="dictionary">defendant</span> owes <span class="dictionary">restitution</span> and is still subject to <span class="dictionary">restitution</span> compliance review <span class="dictionary">hearings</span> in accordance with &#xA7;&#xA0;<a class="law" title="Restitution for property damage or loss; community service" href="/19.2-305.1/">19.2-305.1</a>. The <span class="dictionary">defendant</span> may be ordered by the court to pay the cost of the GPS tracking device or other similar device. If, however, the court suspends or modifies any sentence fixed by a <span class="dictionary">jury</span> pursuant to &#xA7;&#xA0;<a class="law" title="Ascertainment of punishment" href="/19.2-295/">19.2-295</a>, the court shall file a statement of the reasons for the suspension or modification in the same manner as the statement required pursuant to subsection B of &#xA7;&#xA0;<a class="law" title="Use of discretionary sentencing guidelines" href="/19.2-298.01/">19.2-298.01</a>. The <span class="dictionary">judge</span>, after convicting the <span class="dictionary">defendant</span> of any <span class="dictionary">offense</span> for which a report to the Central Criminal Records Exchange is required in accordance with subsection A of &#xA7;&#xA0;<a class="law" title="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" href="/19.2-390/">19.2-390</a>, shall determine whether a copy of the <span class="dictionary">defendant</span>&#x2019;s fingerprints or fingerprint identification information has been provided by a <span class="dictionary">law</span>-enforcement officer to the <span class="dictionary">clerk of court</span> for each such <span class="dictionary">offense</span>. In any case where fingerprints or fingerprint identification information has not been provided by a <span class="dictionary">law</span>-enforcement officer to the <span class="dictionary">clerk of court</span>, the <span class="dictionary">judge</span> shall require that fingerprints and a photograph be taken by a <span class="dictionary">law</span>-enforcement officer as a condition of probation or of the suspension of the imposition or execution of any sentence for such <span class="dictionary">offense</span>. Such fingerprints shall be submitted to the Central Criminal Records Exchange under the provisions of subsection D of &#xA7;&#xA0;<a class="law" title="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" href="/19.2-390/">19.2-390</a>.
		In those <span class="dictionary">courts</span> having electronic access to the Department of Forensic Science DNA data bank sample tracking system within the courtroom, prior to or upon sentencing, the <span class="dictionary">clerk of court</span> shall also determine by reviewing the DNA data bank sample tracking system whether a blood, saliva, or tissue sample is stored in the DNA data bank maintained by the Department of Forensic Science pursuant to Article 1.1 (&#xA7;&#xA0;<a class="law" title="Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee" href="/19.2-310.2/">19.2-310.2</a> et seq.) of Chapter 18 of this title. In any case in which the clerk has determined that a DNA sample is not stored in the DNA data bank, or in any case in which electronic access to the DNA data bank sample tracking system is not available in the courtroom, the court shall <span class="dictionary">order</span> that the <span class="dictionary">defendant</span> appear within 30 days before the sheriff or <span class="dictionary">probation officer</span> and allow the sheriff or <span class="dictionary">probation officer</span> to take the required sample. The <span class="dictionary">order</span> shall also require that, if the <span class="dictionary">defendant</span> has not appeared and allowed the sheriff or <span class="dictionary">probation officer</span> to take the required sample by the date stated in the <span class="dictionary">order</span>, then the sheriff or <span class="dictionary">probation officer</span> shall report to the court the <span class="dictionary">defendant</span>&#x2019;s failure to appear and provide the required sample.
		After <span class="dictionary">conviction</span> and upon sentencing of an active participant or member of a criminal street gang, the court may, as a condition for suspending the imposition of the sentence in whole or in part or for placing the <span class="dictionary">accused</span> on probation, place reasonable restrictions on those persons with whom the <span class="dictionary">accused</span> may have contact. Such restrictions may include prohibiting the <span class="dictionary">accused</span> from having contact with anyone whom he knows to be a member of a criminal street gang, except that contact with a family or household member, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/16.1-228/">16.1-228</a>, shall be permitted unless expressly prohibited by the court.
		Notwithstanding any other provision of <span class="dictionary">law</span>, in any case where a <span class="dictionary">defendant</span> is convicted of a violation of &#xA7;&#xA0;<a class="law" title="Abduction with intent to extort money or for immoral purpose" href="/18.2-48/">18.2-48</a>, <a class="law" title="Rape" href="/18.2-61/">18.2-61</a>, <a class="law" title="Carnal knowledge of child between thirteen and fifteen years of age" href="/18.2-63/">18.2-63</a>, <a class="law" title="Forcible sodomy" href="/18.2-67.1/">18.2-67.1</a>, <a class="law" title="Object sexual penetration; penalty" href="/18.2-67.2/">18.2-67.2</a>, <a class="law" title="Aggravated sexual battery; penalty" href="/18.2-67.3/">18.2-67.3</a>, <a class="law" title="Taking indecent liberties with children; penalties" href="/18.2-370/">18.2-370</a>, or <a class="law" title="Taking indecent liberties with child by person in custodial or supervisory relationship; penalties" href="/18.2-370.1/">18.2-370.1</a>, committed on or after July 1, 2006, and some portion of the sentence is suspended, the <span class="dictionary">judge</span> shall <span class="dictionary">order</span> that the period of suspension shall be for a length of time at least equal to the statutory maximum period for which the <span class="dictionary">defendant</span> might originally have been sentenced to be imprisoned, and the <span class="dictionary">defendant</span> shall be placed on probation for that period of suspension subject to <span class="dictionary">revocation</span> by the court. The conditions of probation may include such conditions as the court shall determine, including active supervision. Where the <span class="dictionary">conviction</span> is for a violation of clause (iii) of subsection A of &#xA7;&#xA0;<a class="law" title="Rape" href="/18.2-61/">18.2-61</a>, subdivision A 1 of &#xA7;&#xA0;<a class="law" title="Forcible sodomy" href="/18.2-67.1/">18.2-67.1</a>, or subdivision A 1 of &#xA7;&#xA0;<a class="law" title="Object sexual penetration; penalty" href="/18.2-67.2/">18.2-67.2</a>, the court shall <span class="dictionary">order</span> that at least three years of the probation include active supervision of the <span class="dictionary">defendant</span> under a postrelease supervision program operated by the Department of Corrections, and for at least three years of such active supervision, the <span class="dictionary">defendant</span> shall be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device.
		If a person is sentenced to jail upon <span class="dictionary">conviction</span> of a <span class="dictionary">misdemeanor</span> or a <span class="dictionary">felony</span>, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation in accordance with the provisions of this section, or otherwise modify the sentence imposed.
		If a person has been sentenced for a <span class="dictionary">felony</span> to the Department of Corrections (the Department), the court that heard the case, if it appears compatible with the public interest and there are circumstances in mitigation of the <span class="dictionary">offense</span>, may, at any time before the person is transferred to the Department, or within 60 days of such transfer, suspend or otherwise modify the unserved portion of such a sentence. The court may place the person on probation in accordance with the provisions of this section.</p></section></text><history>1975, c. 495; 1982, cc. 458, 636; 1983, c. 431; 1984, c. 32; 1992, c. 391; 1993, c. 448; 2006, cc. 436, 483, 853, 914; 2007, cc. 259, 528; 2011, cc. 799, 837; 2019, cc. 782, 783; 2021, Sp. Sess. I, cc. 176, 538; 2022, cc. 41, 42.</history><metadata></metadata></law>
