                                 CODE OF VIRGINIA

POSTRELEASE INCARCERATION OF FELONS SENTENCED FOR CERTAIN OFFENSES COMMITTED ON
OR AFTER JULY 1, 2006 (§ 19.2-295.2:1)

A. For offenses committed on or after July 1, 2006:

   1. At the time the court imposes a sentence upon a conviction for a first
   violation of subsection A of &#xA7; 18.2-472.1 the court shall impose an added
   term of postrelease incarceration of six months.

   2. For a second or subsequent violation of subsection A of &#xA7; 18.2-472.1
   when both violations occurred after July 1, 2006, or a first violation of
   subsection B of &#xA7; 18.2-472.1, the court shall impose an added term of
   postrelease incarceration of two years.

   3. For a second or subsequent violation of subsection B of &#xA7; 18.2-472.1
   when both violations occurred after July 1, 2006, the court shall impose an
   added term of postrelease incarceration of five years.
   				Any terms of postrelease incarceration imposed pursuant to this section
   shall be in addition to any other punishment imposed, including any periods of
   active incarceration or suspended periods of incarceration, if any.

B. The court shall order that any term of postrelease incarceration imposed
pursuant to this section be suspended, and the defendant be placed on active
supervision under a postrelease supervision program operated by the Department
of Corrections. The court shall order that the defendant be subject to
electronic monitoring by means of a GPS (Global Positioning System) tracking
device, or other similar device during this period of postrelease supervision.
Failure to successfully abide by the terms and conditions of the postrelease
supervision program shall be grounds to terminate the period of postrelease
supervision and recommit the defendant to the Department of Corrections or to a
local correctional facility. Procedures for any such termination shall be
conducted after a hearing in the court which originally sentenced the defendant,
conducted in a manner consistent with a revocation hearing under &#xA7;
19.2-306, mutatis mutandis.

C. Nothing in this section shall be construed to prohibit the court from
exercising any authority otherwise granted by law.

HISTORY: 2006, cc. 857, 914; 2020, cc. 1115, 1116.