                                 CODE OF VIRGINIA

USE OF SENTENCING REVOCATION REPORT AND DISCRETIONARY SENTENCING GUIDELINES IN
CASES OF REVOCATION OF SUSPENSION OF SENTENCE AND PROBATION (§ 19.2-306.2)

A. In any proceeding conducted pursuant to &#xA7; 19.2-306 for revocation of
suspension of sentence or probation imposed as a result of a felony conviction,
the circuit court shall have presented to it a sentencing revocation report
prepared on a form designated by the Virginia Criminal Sentencing Commission.
Such form shall indicate the nature of the alleged violation or violations and,
if the defendant is subject to supervised probation, the condition or conditions
of probation that the defendant has allegedly violated. The sentencing
revocation report shall be prepared by the supervising probation agency that
initiated the request for the revocation hearing. If the defendant is not under
active probation supervision or the supervising probation agency did not
initiate the request for the revocation hearing, the sentencing revocation
report shall be completed by an attorney for the Commonwealth.

B. For every proceeding conducted pursuant to § 19.2-306 in which the defendant
is cited for violating a condition or conditions of supervised probation imposed
as a result of a felony conviction and such person is under the supervision of a
state probation and parole officer, the court shall have presented to it the
applicable discretionary probation violation guidelines pursuant to § 17.1-803.

   1. The applicable discretionary probation violation guidelines shall be
   prepared by a state probation and parole officer on a form designated by the
   Virginia Criminal Sentencing Commission. If a party other than a probation and
   parole officer initiated the request for the revocation hearing, no probation
   violation guidelines are prepared and only the sentencing revocation report
   required by subsection A shall be submitted to the court.

   2. The court shall review and consider the suitability of the applicable
   discretionary probation violation guidelines. Before imposing sentence, the
   court shall state for the record that such review and consideration have been
   accomplished and shall make the completed worksheets a part of the record of
   the case.

   3. In any proceeding in which the court imposes a sentence that is either
   greater than or less than that indicated by the discretionary probation
   violation guidelines, the court shall provide a written explanation of such
   departure to be filed with the record of the case.

C. Within 30 days following the entry of a final order in a revocation
proceeding, the clerk of the circuit court shall prepare and send to the
Virginia Criminal Sentencing Commission a copy or copies of (i) the final order,
(ii) the original sentencing revocation report, (iii) any applicable probation
violation guideline worksheets prepared for such proceeding, and (iv) any
written explanation regarding a departure from the probation violation
guidelines pursuant to subsection B.

D. Failure to follow the provisions of this section or failure to follow these
provisions in the prescribed manner shall not be reviewable on appeal and shall
not be used for the basis of any other post-proceeding relief.

HISTORY: 2022, cc. 569, 570.