                                 CODE OF VIRGINIA

PERSONS CHARGED WITH FIRST OFFENSE OF ASSAULT AND BATTERY AGAINST A FAMILY OR
HOUSEHOLD MEMBER MAY BE PLACED ON LOCAL COMMUNITY-BASED PROBATION; CONDITIONS;
EDUCATION AND TREATMENT PROGRAMS; COSTS AND FEES; VIOLATIONS; DISCHARGE (§
18.2-57.3)

A. When a person is charged with a simple assault in violation of subsection A
of &#xA7; 18.2-57 where the victim was a family or household member of the
person or a violation of &#xA7; 18.2-57.2, the court may defer the proceedings
against such person, without a finding of guilt, and place him on probation
under the terms of this section.

B. For a person to be eligible for such deferral, the court shall find that (i)
the person was an adult at the time of the commission of the offense; (ii) the
person has not previously been convicted of any offense under this article or
under any statute of the United States or of any state or any ordinance of any
local government relating to an assault or assault and battery against a family
or household member; (iii)(a) the person has not previously been convicted of an
act of violence as defined in &#xA7; 19.2-297.1 or (b) if such person has been
previously convicted of such an act of violence, the attorney for the
Commonwealth does not object to the deferral; (iv) the person has not previously
had a proceeding against him for violation of such an offense dismissed as
provided in this section; (v) the person pleads guilty to, or enters a plea of
not guilty or nolo contendere and the court finds the evidence is sufficient to
find the person guilty of, simple assault in violation of subsection A of &#xA7;
18.2-57 where the victim was a family or household member of the person or a
violation of &#xA7; 18.2-57.2; and (vi) the person consents to such deferral and
to a waiver of his right to appeal a finding of facts sufficient to justify a
finding of guilt under this section entered pursuant to subsection F for a
violation of a term or condition of his probation. If the court defers further
proceedings, at that time the court shall determine whether the clerk of court
has been provided with the fingerprint identification information or
fingerprints of the person, taken by a law-enforcement officer pursuant to
&#xA7; 19.2-390, and, if not, shall order that the fingerprints and photograph
of the person be taken by a law-enforcement officer. A person may file a motion
to withdraw his consent to the deferral and waiver of his right to appeal within
10 days of the entry of the order deferring proceedings on a form prescribed by
the Office of the Executive Secretary of the Supreme Court of Virginia. The
court shall schedule a hearing within 30 days of receipt of the motion and shall
provide reasonable notice to the attorney for the Commonwealth and to the person
and his attorney, if any. If the person appears at the hearing and requests to
withdraw his consent, the court shall grant such request, enter a final order
adjudicating guilt, and sentence the person accordingly. If the person does not
appear at the hearing, the court shall deny his request to withdraw his consent.

C. The court shall (i) where a local community-based probation services agency
established pursuant to Article 9 (&#xA7; 9.1-173 et seq.) of Chapter 1 of Title
9.1 is available, order that the eligible person be placed with such agency and
require, as a condition of local community-based probation, the person to
successfully complete all treatment, education programs, or services, or any
combination thereof, indicated by an assessment or evaluation obtained by the
local community-based probation services agency if such assessment, treatment,
or education services are available or (ii) require successful completion of
treatment, education programs, or services, or any combination thereof, such as,
in the opinion of the court, may be best suited to the needs of the person.

D. The court shall require the person entering such education or treatment
program or services under the provisions of this section to pay all or part of
the costs of the program or services, including the costs of any assessment,
evaluation, testing, education, and treatment, based upon the person&#8217;s
ability to pay. Such programs or services shall offer a sliding-scale fee
structure or other mechanism to assist participants who are unable to pay the
full costs of the required programs or services.
			The court shall order the person to be of good behavior for a total period of
not less than two years following the deferral of proceedings, including the
period of supervised probation, if available.

E. Upon fulfillment of the terms and conditions specified in the court order,
and upon determining that the clerk of court has been provided with the
fingerprint identification information or fingerprints of such person, the court
shall discharge the person and dismiss the proceedings against him. Discharge
and dismissal under this section shall be without adjudication of guilt and is a
conviction only for the purposes of applying this section in subsequent
proceedings. No charges dismissed pursuant to this section shall be eligible for
expungement under &#xA7; 19.2-392.2.

F. Upon violation of a term or condition of supervised probation or of the
period of good behavior, the court may enter an adjudication of guilt and
proceed as otherwise provided by law. Any person placed on probation pursuant to
this section who is subsequently adjudicated guilty upon a violation of a term
or condition of his probation shall have no right of appeal on such
adjudication.

G. Notwithstanding any other provision of this section, whenever a court places
a person on probation upon terms and conditions pursuant to this section, such
action shall be treated as a conviction for purposes of Article 6.1 (&#xA7;
18.2-307.1 et seq.) of Chapter 7.

HISTORY: 1999, c. 963; 2000, c. 1040; 2003, cc. 33, 38; 2004, c. 377; 2007, c.
133; 2009, cc. 313, 347; 2013, c. 746; 2016, cc. 422, 742; 2017, cc. 621, 785;
2019, cc. 782, 783.