                                 CODE OF VIRGINIA

RESTITUTION FOR PROPERTY DAMAGE OR LOSS; COMMUNITY SERVICE (§ 19.2-305.1)

A. Notwithstanding any other provision of law, no person convicted of a crime in
violation of any provision in Title 18.2, which resulted in property damage or
loss, shall be placed on probation or have his sentence suspended unless such
person shall make at least partial restitution for such property damage or loss,
or shall be compelled to perform community services, or both, or shall submit a
plan for doing that which appears to the court to be feasible under the
circumstances.

B. Notwithstanding any other provision of law, any person who, on or after July
1, 1995, commits, and is convicted of, a crime in violation of any provision in
Title 18.2 shall make at least partial restitution for any property damage or
loss caused by the crime or for any medical expenses or expenses directly
related to funeral or burial incurred by the victim or his estate as a result of
the crime, may be compelled to perform community services and, if the court so
orders, shall submit a plan for doing that which appears to be feasible to the
court under the circumstances.

1. Notwithstanding any other provision of law, any person, who on or after July
1, 2005 commits and is convicted of a crime in violation of &#xA7; 18.2-248
involving the manufacture of any controlled substance, may be ordered, upon
presentation of suitable evidence of such costs, by the court to reimburse the
Commonwealth or the locality for the costs incurred by the jurisdiction, as the
case may be, for the removal and remediation associated with the illegal
manufacture of any controlled substance by the defendant.

2. Notwithstanding any other provision of law, any person who, on or after July
1, 2015, commits and is convicted of a violation of &#xA7; 18.2-138 for damage
to the Capitol or any building, monument, statuary, artwork, or other state
property in Capitol Square, or at any other property assigned to the Capitol
Police, shall be ordered to pay restitution to the Commonwealth for the full
amount of damages. Any person who, on or after July 1, 2015, commits and is
convicted of a violation of &#xA7; 18.2-405, 18.2-407, or 18.2-408 in Capitol
Square, or at any other property assigned to the Capitol Police, shall be
ordered to pay restitution to the Commonwealth for the full amount of damages to
the Capitol or any building, monument, statuary, artwork, or other state
property in Capitol Square, or at any other property assigned to the Capitol
Police, to which damage is caused during such riot or unlawful assembly. In any
prosecution under &#xA7; 18.2-138, 18.2-405, 18.2-407, or 18.2-408, testimony of
the Division of Engineering and Buildings of the Department of General Services
or the Division of Risk Management shall be admissible as evidence of value or
extent of damages or cost of repairs to the Capitol or any building, monument,
statuary, artwork, or other state property in Capitol Square, or at any other
property assigned to the Capitol Police. For the purposes of this subsection,
&#8220;Capitol Square&#8221; means the grounds and the interior and exterior of
all buildings in that area in the City of Richmond bounded by Bank, Governor,
Broad, and Ninth Streets. &#8220;Capitol Square&#8221; includes the exterior of
all state buildings that are at least 50 years old and bordering the boundary
streets.

C. At or before the time of sentencing, the court shall receive and consider any
plan for making restitution submitted by the defendant. The plan shall include
the defendant&#8217;s home address, place of employment and address, social
security number and bank information. If the court finds such plan to be
reasonable and practical under the circumstances, it may consider probation or
suspension of whatever portion of the sentence that it deems appropriate. By
order of the court incorporating the defendant&#8217;s plan or a reasonable and
practical plan devised by the court, the defendant shall make restitution while
he is free on probation or work release or following his release from
confinement. Additionally, the court may order that the defendant make
restitution during his confinement, if feasible, based upon both his earning
capacity and net worth as determined by the court at sentencing.

D. At the time of sentencing, the court shall determine the amount to be repaid
by the defendant and the terms and conditions thereof. If community service work
is ordered, the court shall determine the terms and conditions upon which such
work shall be performed. The court shall include such findings in the judgment
order. The order shall specify that sums paid under such order shall be paid to
the clerk, who shall disburse such sums as the court may, by order, direct. The
clerk shall record receipt of restitution payments in an automated financial
management system operated and maintained by the Executive Secretary of the
Supreme Court or such other system established and maintained by a circuit court
clerk pursuant to &#xA7; 17.1-502. Any court desiring to participate in the
Setoff Debt Collection Act (&#xA7;&#xA7; 58.1-520 through 58.1-535) for the
purpose of collecting fines or costs or providing restitution shall, at the time
of sentencing, obtain the social security number of each defendant.

E. At the time of sentencing, the court shall enter the amount of restitution to
be repaid by the defendant, the date by which all restitution is to be paid, the
terms and conditions of such repayment, and the victim&#8217;s name and contact
information, including the victim&#8217;s home address, telephone number, and
email address, on a form prescribed by the Office of the Executive Secretary of
the Supreme Court of Virginia. If the attorney for the Commonwealth participated
in the prosecution of the defendant, the attorney for the Commonwealth or his
designee shall complete, to the extent possible, all portions of the form
excluding the amount of restitution to be repaid by the defendant and the terms
and conditions of such repayment. If the attorney for the Commonwealth did not
participate in the prosecution of the defendant, the court or the clerk shall
complete the form. A copy of the form, excluding contact information for the
victim, shall be provided to the defendant at sentencing. A copy of the form
shall be provided to the attorney for the Commonwealth and to the victim, his
agent, or his estate upon request and free of charge. Except as provided in this
section or otherwise required by law, the victim&#8217;s contact information
shall be confidential, and the clerk shall not disclose such confidential
information to any person.

F. 1. In any case in which the court orders the defendant to pay restitution and
places the defendant on probation that includes a period of active supervision,
the probation agency supervising the defendant shall notify the court and the
attorney for the Commonwealth of the amount of any restitution that remains
unsatisfied and the last known address for the defendant (i) 60 days prior to
the defendant&#8217;s release from supervision pursuant to the terms of the
sentencing order or (ii) if the agency requests that the defendant be released
from supervision, at the time the agency submits its request to the court. Such
notice shall be in writing and the attorney for the Commonwealth shall, if
practicable, provide a copy of the notice to the victim. If any amount of
restitution remains unsatisfied, the court shall conduct a hearing prior to the
defendant&#8217;s release from supervision after providing notice of the hearing
to the defendant and the attorney for the Commonwealth. If the court finds that
the defendant is not in compliance with the restitution order, the court may (a)
release the defendant from supervision, (b) modify the period or terms of
supervision pursuant to § 19.2-304, (c) revoke some or all of the suspended
sentence or probation pursuant to § 19.2-306, or (d) proceed in accordance with
subsection E of § 19.2-358. The court shall also docket the restitution order
pursuant to subsection B of § 19.2-305.2 unless such order has previously been
docketed. Any defendant who is released from supervision shall be subject to the
provisions of subdivision 3.

   2. In any case in which the court orders the defendant to pay restitution and
   places the defendant on probation that does not include a period of active
   supervision, the court shall include in the order a date, not to exceed two
   years from the date of the entry of the order or, if the court has sentenced
   the defendant to an active term of incarceration, from the date of the
   defendant&#8217;s release from incarceration, on which the defendant&#8217;s
   compliance with the restitution order shall be reviewed and the court shall
   schedule a hearing for such date. The court may, on its own motion, cancel the
   hearing if the amount of restitution has been satisfied. If at the hearing the
   court finds that the defendant is not in compliance with the restitution
   order, the court may (i) modify the period or terms of probation pursuant to
   &#xA7; 19.2-304, (ii) revoke some or all of the suspended sentence or
   probation pursuant to &#xA7; 19.2-306, or (iii) proceed in accordance with the
   provisions of subsection E of &#xA7; 19.2-358. The court shall also docket the
   restitution order pursuant to subsection B of &#xA7; 19.2-305.2 unless such
   order has previously been docketed. After the hearing conducted pursuant to
   this subdivision, the defendant shall be subject to the provisions of
   subdivision 3.

   3. If any amount of restitution remains unsatisfied at the time of a hearing
   conducted pursuant to subdivision 1 or 2, the court shall continue to schedule
   hearings to review the defendant&#8217;s compliance with the restitution order
   until the amount of restitution has been satisfied and provide notice of such
   hearings to the defendant. The court may, on its own motion, cancel any such
   hearing if the amount of restitution has been satisfied or if the defendant is
   in compliance with the restitution order. If at any hearing conducted pursuant
   to this subdivision the court finds that the defendant is not in compliance
   with the restitution order, the court may (i) modify the period or terms of
   probation pursuant to &#xA7; 19.2-304, (ii) revoke some or all of the
   suspended sentence or probation pursuant to &#xA7; 19.2-306, or (iii) proceed
   in accordance with the provisions of subsection E of &#xA7; 19.2-358. The
   court shall follow the procedures set forth in this subdivision for the
   purpose of reviewing compliance with a restitution order by a defendant (a)
   until the amount of restitution has been satisfied or (b) if any amount of
   restitution remains unsatisfied, for the longer of 10 years from the date of
   the hearing held pursuant to subdivision 1 or 2 or the period of probation
   ordered by the court.

   4. If the court determines at any hearing conducted pursuant to this
   subsection that the defendant is unable to pay restitution and will remain
   unable to pay restitution for the duration of the review period set forth in
   subdivision 3, the court may discontinue any further hearings to review a
   defendant&#8217;s compliance with the restitution order.

   5. If the court determines that a defendant would be incarcerated on the date
   of any hearing scheduled pursuant to this subsection, the court may remove the
   case from the docket, reschedule such hearing to a date after the
   defendant&#8217;s release from incarceration, and provide notice of the
   hearing to the defendant and the attorney for the Commonwealth. If the
   defendant who is on probation that includes a period of active supervision is
   incarcerated, the probation agency supervising the defendant shall notify the
   court when the defendant has been released from incarceration.

   6. No provision of this subsection shall be construed to prohibit the court
   from exercising any authority otherwise granted by law over a defendant during
   any period of probation ordered by the court.

   7. At every hearing conducted pursuant to subdivision 1 where the defendant
   was convicted of an offense for which a report to the Central Criminal Records
   Exchange is required under subsection A of &#xA7; 19.2-390, if the court has
   not previously verified that the conviction for such offense appears on the
   criminal history record of the defendant, the court shall review the criminal
   history record of the defendant and determine whether the present conviction
   appears on that record. The probation officer for the defendant shall provide
   the criminal history record to the court at such hearing. If the present
   conviction does not appear on the criminal history record, the court shall
   order that the fingerprints and photograph of the defendant be taken by a
   law-enforcement officer and submitted to the Central Criminal Records
   Exchange. If fingerprints and a photograph have previously been taken for such
   conviction, the probation officer shall provide written or electronic
   notification to the Central Criminal Records Exchange within the Department of
   State Police that the conviction does not appear on the offender&#8217;s
   criminal history record prior to his release from supervision.

   8. At every hearing conducted pursuant to subdivision 2 where the attorney for
   the Commonwealth participated in the prosecution and the defendant was
   convicted of an offense for which a report to the Central Criminal Records
   Exchange is required under subsection A of &#xA7; 19.2-390, if the court has
   not previously verified that the conviction for such offense appears on the
   criminal history record of the defendant, the court shall review the criminal
   history record of the defendant and determine whether the present conviction
   appears on that record. If the attorney for the Commonwealth participated in
   the prosecution of the offense, the attorney for the Commonwealth shall
   provide the criminal history record to the court at such hearing. If the
   present conviction does not appear on the criminal history record, the court
   shall order that the fingerprints and photograph of the defendant be taken by
   a law-enforcement officer and submitted to the Central Criminal Records
   Exchange. If fingerprints and a photograph have previously been taken for such
   conviction, the attorney for the Commonwealth shall provide written or
   electronic notification to the Central Criminal Records Exchange within the
   Department of State Police that the conviction does not appear on the
   offender&#8217;s criminal history record.

G. Unreasonable failure to execute the plan by the defendant shall result in
revocation of the probation or imposition of the suspended sentence. A hearing
shall be held in accordance with the provisions of this Code relating to
revocation of probation or imposition of a suspended sentence before either such
action is taken.

H. A defendant convicted of an offense under &#xA7; 18.2-374.1, 18.2-374.1:1, or
18.2-374.3 shall be ordered to pay mandatory restitution to the victim of the
offense in an amount as determined by the court. For purposes of this
subsection, &#8220;victim&#8221; means a person who is depicted in a still or
videographic image involved in an offense under &#xA7; 18.2-374.1, 18.2-374.1:1,
or 18.2-374.3.
			The Commonwealth shall make reasonable efforts to notify victims of offenses
under &#xA7; 18.2-374.1, 18.2-374.1:1, or 18.2-374.3.

I. If restitution is ordered to be paid by the defendant to the victim of a
crime and the victim can no longer be located or identified, the clerk shall
deposit any such restitution collected to the Criminal Injuries Compensation
Fund for the benefit of crime victims by November 1 of each year. If a clerk
does not have any such restitution to deposit, the clerk shall provide a
statement to that effect to the Fund by November 1 of each year. The
administrator shall reserve a sum sufficient in the Fund from which he shall
make prompt payment directly to the victim for any proper claims. When
depositing such restitution to the Fund, the clerk shall report the
victim&#8217;s last known contact information, including the victim&#8217;s home
address, telephone number, and email address, and the amount of restitution
being deposited for that victim. Before making the deposit, the administrator
shall record the name, contact information, and amount of restitution being
deposited for each victim appearing from the clerk&#8217;s report to be entitled
to restitution. The victim&#8217;s contact information reported to the Fund
shall be confidential and shall not be disseminated further except as otherwise
required by law.

J. If restitution pursuant to &#xA7; 19.2-305 or this section is ordered to be
paid by the defendant to the victim of a crime or other entity, and the Criminal
Injuries Compensation Fund has made any payments to or on behalf of the victim
for any loss, damage, or expenses included in the restitution order, then upon
presentation by the Fund of a written request that sets forth the amount of
payments made by the Fund to the victim or on the victim&#8217;s behalf, the
entity collecting restitution shall pay to the Fund as much of the restitution
collected as will reimburse the Fund for its payments made to the victim or on
the victim&#8217;s behalf.

K. Whenever a defendant is ordered to pay restitution, any sums collected shall
be used first to satisfy such restitution order and any collection costs
associated with restitution prior to being used to satisfy any fine, forfeiture,
penalty, or cost assessed against the defendant, unless an order for restitution
is docketed in the name of the victim or it is ordered that an assignment of the
judgment to the victim be docketed.

HISTORY: 1977, c. 682; 1978, c. 131; 1981, c. 224; 1984, cc. 32, 269; 1994, c.
197; 1995, cc. 434, 687; 2000, c. 775; 2002, cc. 810, 818; 2003, c. 982; 2005,
c. 591; 2011, cc. 575, 588; 2013, c. 273; 2015, cc. 312, 550; 2017, cc. 757,
786, 814; 2018, cc. 316, 671, 724, 725; 2019, cc. 782, 783; 2021, Sp. Sess. I,
cc. 190, 393.