                                 CODE OF VIRGINIA

SENTENCE TO LOCAL COMMUNITY-BASED PROBATION SERVICES; SERVICES AGENCY;
REQUIREMENTS FOR PARTICIPATION; SENTENCING; AND REMOVAL FROM PROBATION; PAYMENT
OF COSTS TOWARDS SUPERVISION AND SERVICES (§ 19.2-303.3)

A. Any offender who is (i) convicted on or after July 1, 1995, of a misdemeanor
or a felony that is not a felony act of violence as defined in &#xA7;
19.2-297.1, and for which the court imposes a total sentence of 12 months or
less, and (ii) no younger than 18 years of age or is considered an adult at the
time of conviction may be sentenced to a local community-based probation
services agency established pursuant to &#xA7; 9.1-174 by the local governing
bodies within that judicial district or circuit.

B. In those courts having electronic access to the Department of Forensic
Science DNA data bank sample tracking system within the courtroom, at the time
of sentencing, the clerk of court shall determine by reviewing the DNA data bank
sample tracking system, in any case where there is a felony or qualifying
misdemeanor conviction, whether a sample of the offender&#8217;s blood, saliva,
or tissue or an analysis of the sample is stored in the DNA data bank maintained
by the Department of Forensic Science pursuant to Article 1.1 (&#xA7; 19.2-310.2
et seq.) of Chapter 18 of this title. If the clerk has determined that a DNA
sample or analysis 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 order that the offender appear within 30 days
before the sheriff or community-based probation officer and allow the sheriff or
community-based probation officer to take the required sample. The order shall
also require that, if the offender has not appeared and allowed the sheriff or
community-based probation officer to take the required sample by the date stated
in the order, then the sheriff or community-based probation officer shall report
to the court the offender&#8217;s failure to appear and provide the required
sample. The court may order the offender placed under local community-based
probation services pursuant to &#xA7; 9.1-174 upon a determination by the court
that the offender may benefit from these services and is capable of returning to
society as a productive citizen with a reasonable amount of supervision and
intervention including services set forth in &#xA7; 9.1-176. All or part of any
sentence imposed that has been suspended, shall be conditioned upon the
offender&#8217;s successful completion of local community-based probation
services established pursuant to &#xA7; 9.1-174.
			The court may impose terms and conditions of supervision as it deems
appropriate, including that the offender abide by any additional requirements of
supervision imposed or established by the local community-based probation
services agency during the period of probation supervision.

C. Any sworn officer of a local community-based probation services agency
established or operated pursuant to the Comprehensive Community Corrections Act
for Local-Responsible Offenders (&#xA7; 9.1-173 et seq.) may seek a capias from
any judicial officer for the arrest of any person on local community-based
probation and under its supervision for (i) intractable behavior; (ii) refusal
to comply with the terms and conditions imposed by the court; (iii) refusal to
comply with the requirements of local community-based probation supervision
established by the agency; or (iv) the commission of a new offense while on
local community-based probation and under agency supervision. Upon arrest, the
offender shall be brought for a hearing before the court of appropriate
jurisdiction. After finding that the offender (a) exhibited intractable behavior
as defined herein; (b) refused to comply with terms and conditions imposed by
the court; (c) refused to comply with the requirements of local community-based
probation supervision established by the agency; or (d) committed a new offense
while on local community-based probation and under agency supervision, the court
may revoke all or part of the suspended sentence and supervision, and commit the
offender to serve whatever sentence was originally imposed or impose such other
terms and conditions of probation as it deems appropriate or, in a case where
the proceeding has been deferred, enter an adjudication of guilt and proceed as
otherwise provided by law.
			&#8220;Intractable behavior&#8221; is that behavior that, in the
determination of the court, indicates an offender&#8217;s unwillingness or
inability to conform his behavior to that which is necessary for successful
completion of local community-based probation or that the offender&#8217;s
behavior is so disruptive as to threaten the successful completion of the
program by other participants.

D. An offender sentenced to or provided a deferred proceeding and placed on
community-based probation pursuant to this section may be required to pay an
amount towards the costs of his supervision and services received in accordance
with subsection D of &#xA7; 9.1-182.

HISTORY: 1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1999, c. 372; 2000,
c. 1040; 2006, c. 883; 2007, cc. 133, 528; 2022, cc. 41, 42.