                                 CODE OF VIRGINIA

REVOCATION OF SUSPENSION OF SENTENCE AND PROBATION (§ 19.2-306)

A. Subject to the provisions of &#xA7; 19.2-306.2, in any case in which the
court has suspended the execution or imposition of sentence, the court may
revoke the suspension of sentence for any cause the court deems sufficient that
occurred at any time within the probation period, or within the period of
suspension fixed by the court. If neither a probation period nor a period of
suspension was fixed by the court, then the court may revoke the suspension for
any cause the court deems sufficient that occurred within the maximum period for
which the defendant might originally have been sentenced to be imprisoned.

B. The court may not conduct a hearing to revoke the suspension of sentence
unless the court issues process to notify the accused or to compel his
appearance before the court within 90 days of receiving notice of the alleged
violation or within one year after the expiration of the period of probation or
the period of suspension, whichever is sooner, or, in the case of a failure to
pay restitution, within three years after such expiration. If neither a
probation period nor a period of suspension was fixed by the court, then the
court shall issue process within six months after the expiration of the maximum
period for which the defendant might originally have been sentenced to be
incarcerated. Such notice and service of process may be waived by the defendant,
in which case the court may proceed to determine whether the defendant has
violated the conditions of suspension.

C. If the court, after hearing, finds good cause to believe that the defendant
has violated the terms of suspension, then the court may revoke the suspension
and impose a sentence in accordance with the provisions of &#xA7; 19.2-306.1.
The court may again suspend all or any part of this sentence for a period up to
the statutory maximum period for which the defendant might originally have been
sentenced to be imprisoned, less any time already served, and may place the
defendant upon terms and conditions or probation. The court shall measure the
period of any suspension of sentence from the date of the entry of the original
sentencing order. However, if a court finds that a defendant has absconded from
the jurisdiction of the court, the court may extend the period of probation or
suspended sentence for a period not to exceed the length of time that such
defendant absconded.

D. If any court has, after hearing, found no cause to impose a sentence that
might have been originally imposed, or to revoke a suspended sentence or
probation, then any further hearing to impose a sentence or revoke a suspended
sentence or probation, based solely on the alleged violation for which the
hearing was held, shall be barred.

E. Nothing contained herein shall be construed to deprive any person of his
right to appeal in the manner provided by law to the circuit court having
criminal jurisdiction from a judgment or order revoking any suspended sentence.

HISTORY: Code 1950, § 53-275; 1958, c. 468; 1970, c. 275; 1975, c. 495; 1978,
c. 687; 2002, c. 628; 2016, c. 718; 2021, Sp. Sess. I, c. 538; 2022, cc. 569,
570.