VirginiaLimitation on sentence upon revocation of suspension of sentence; technical violations.
What it does
Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that the court shall consider all technical violations that are alleged to have occurred after a prior sentencing or revocation hearing as single technical violation and adjudicate the case as such, with punishment imposed pursuant to relevant law. The bill also prohibits the court from treating multiple technical violations during a single probationary period between such prior sentencing or revocation hearing as separate cases or adjudicate such violations at separate hearings.
More detail
The bill requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall docket such case as soon as practicable, and any such case shall be given precedence on the docket. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. The bill also expands the list of technical violations and provides that it shall be a defense to an alleged violation if the defendant can show that he has substantially complied with his probation obligations.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 9Continued to next session in Courts of Justice (12-Y 3-N)Latest
- Vote recorded Continued to next session in Courts of Justice. Result: pass.Upper
- Mar 9Senate committee offered
- Feb 24Fiscal Impact Statement from Department of Planning and Budget (HB1413)
- Feb 18Referred to Committee for Courts of JusticeMinor
- Feb 18Constitutional reading dispensed (on 1st reading)
- Feb 17Read third time and passed House (62-Y 35-N 0-A)Passed House
- Vote recorded H VOTE:. Result: pass.Lower
- Feb 16Engrossed by House - committee substituteMajor
- Feb 16committee substitute agreed toMajor
- Feb 16Read second timeMinor
- Feb 15Read first timeMinor
- Feb 13Committee substitute printed 26107431D-H1Major
- Vote recorded Reported from Courts of Justice with substitute. Result: pass.Lower
- Feb 13Reported from Courts of Justice with substitute (15-Y 6-N)Minor
- Feb 11Subcommittee recommends reporting with substitute (7-Y 3-N)Major
- Vote recorded Subcommittee recommends reporting with substitute. Result: pass.Lower
- Feb 11House subcommittee offered
- Feb 7Assigned HCJ sub: CriminalMinor
- Feb 4Fiscal Impact Statement from Department of Planning and Budget (HB1413)
- Jan 22Referred to Committee for Courts of JusticeMinor
- Jan 22Presented and ordered printed 26103278DIntroduced
- Mar 9Continued to next session in Courts of Justice (12-Y 3-N)Latest