                                 CODE OF VIRGINIA

SUSPENSION OR MODIFICATION OF SENTENCE; PROBATION; TAKING OF FINGERPRINTS AND
BLOOD, SALIVA, OR TISSUE SAMPLE AS CONDITION OF PROBATION (§ 19.2-303)

After conviction, whether with or without jury, the court may suspend imposition
of sentence or suspend the sentence in whole or part and in addition may place
the defendant 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 suspended sentence, require
the defendant to make at least partial restitution to the aggrieved party or
parties for damages or loss caused by the offense for which convicted, or to
perform community service, 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 defendant might originally have
been sentenced to be imprisoned. Any period of supervised probation shall not
exceed five years from the release of the defendant 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 defendant
to participate in a court-ordered program or (ii) if a defendant owes
restitution and is still subject to restitution compliance review hearings in
accordance with § 19.2-305.1. The defendant 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 jury pursuant to § 19.2-295,
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 § 19.2-298.01. The judge, after convicting the defendant of any offense
for which a report to the Central Criminal Records Exchange is required in
accordance with subsection A of § 19.2-390, shall determine whether a copy of
the defendant&#8217;s fingerprints or fingerprint identification information has
been provided by a law-enforcement officer to the clerk of court for each such
offense. In any case where fingerprints or fingerprint identification
information has not been provided by a law-enforcement officer to the clerk of
court, the judge shall require that fingerprints and a photograph be taken by a
law-enforcement officer as a condition of probation or of the suspension of the
imposition or execution of any sentence for such offense. Such fingerprints
shall be submitted to the Central Criminal Records Exchange under the provisions
of subsection D of § 19.2-390.
		In those courts having electronic access to the Department of Forensic Science
DNA data bank sample tracking system within the courtroom, prior to or upon
sentencing, the clerk of court 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 (§ 19.2-310.2 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 order that
the defendant appear within 30 days before the sheriff or probation officer and
allow the sheriff or probation officer to take the required sample. The order
shall also require that, if the defendant has not appeared and allowed the
sheriff or probation officer to take the required sample by the date stated in
the order, then the sheriff or probation officer shall report to the court the
defendant&#8217;s failure to appear and provide the required sample.
		After conviction 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 accused on
probation, place reasonable restrictions on those persons with whom the accused
may have contact. Such restrictions may include prohibiting the accused 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 §
16.1-228, shall be permitted unless expressly prohibited by the court.
		Notwithstanding any other provision of law, in any case where a defendant is
convicted of a violation of § 18.2-48, 18.2-61, 18.2-63, 18.2-67.1, 18.2-67.2,
18.2-67.3, 18.2-370, or 18.2-370.1, committed on or after July 1, 2006, and some
portion of the sentence is suspended, the judge shall order that the period of
suspension shall be for a length of time at least equal to the statutory maximum
period for which the defendant might originally have been sentenced to be
imprisoned, and the defendant shall be placed on probation for that period of
suspension subject to revocation by the court. The conditions of probation may
include such conditions as the court shall determine, including active
supervision. Where the conviction is for a violation of clause (iii) of
subsection A of § 18.2-61, subdivision A 1 of § 18.2-67.1, or subdivision A 1
of § 18.2-67.2, the court shall order that at least three years of the
probation include active supervision of the defendant under a postrelease
supervision program operated by the Department of Corrections, and for at least
three years of such active supervision, the defendant 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 conviction of a misdemeanor or a felony,
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 felony 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 offense,
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.

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.