ARTICLE 2.
Comprehensive
Community Corrections Act for Local-Responsible Offenders.
(Effective October 1, 2001).
9.1-173. Purpose. -- It is the purpose of this article to enable any city, county, or combination thereof to develop, establish and maintain community-based corrections programs to provide the judicial system with sentencing alternatives for certain misdemeanants or nonviolent offenders, as defined in 19.2-316.1 and sentenced pursuant to 19.2-303.3 for whom the court may impose a jail sentence and who may require less than institutional custody.
The article shall be interpreted and construed so as to:
1. Allow individual cities, counties, or combinations thereof greater
flexibility and involvement in responding to the problem of crime in their
communities;
2. Provide more effective protection of society and to promote efficiency and
economy in the delivery of correctional services;
3. Provide increased opportunities for offenders to make restitution to victims
of crimes through financial reimbursement or community service;
4. Permit cities, counties or combinations thereof to operate and utilize programs
and services specifically designed to meet the rehabilitative needs of selected
offenders; and
5. To provide appropriate post-sentencing alternatives in localities for
certain offenders with the goal of reducing the incidence of repeat offenders.
(1980, c.300; 1982, c.636; 1983, c. 344; 1990, c. 578; 1992, c. 196; 1994, 2nd
Sp. Sess., cc. 1,2; 1995, cc 502, 574; 1996, c. 568; 2000, c. 1040; 2001, c.
844.)
9.1-174. Establishment of program; use of supervised probation not to be decreased. -- To facilitate local involvement and flexibility in responding to the problem of crime in their communities and to permit locally designed programs which will fit its needs, any city, county or combination thereof may, and any city, county or combination thereof which is required by 53.1-82.1 to file a community corrections plan shall, establish a system of community-based services pursuant to this article. This system is to provide alternative programs for defendants and offenders who, pursuant to 19.2-303.3, are convicted, sentenced and placed on probation services through a court and who are considered suitable candidates for programs which require less than incarceration in a local correctional facility. Such programs and services may be provided by qualified public agencies or private agencies pursuant to appropriate contracts. (Code 1950, 53-128.17; 1980, c.300; 1982, c.636; 1983, c.344; 1992, c.196; 1994, 2nd Sp. Sess;, cc.1,2; 1995, cc. 502, 574; 1999, c. 372; 2000, c. 1040; 2001, c. 844.)
9.1-175. Board to prescribe standards; biennial plan. -- The Board shall approve standards as prescribed by the Department for the development, implementation, operation and evaluation of local community-based programs, services and facilities authorized by this article. Any city, county or combination thereof which establishes programs and provides services pursuant to this article shall submit a biennial plan to the Department for review and approval. (Code 1950, 53-128.18; 1980, c. 300; 1982, c. 636; 1994, 2nd Sp. Sess., cc. 1,2; 1999, c. 372; 2000, c. 1040; 2001, c. 844.)
9.1-176. Mandated services; optional programs. -- Any city, county or combination thereof which elects or is required to establish a community corrections program pursuant to this article shall provide to the judicial system the following programs and services: community service; home incarceration with or without electronic monitoring; electronic monitoring; probation supervision; and substance abuse assessment, testing and treatment. Additional programs and services, including, but not limited to, local day reporting center programs and services, local halfway house programs and services for the temporary care of adults placed on probation, and public inebriate diversion programs, may be established by the city, county or combination thereof. (1994, 2nd Sp. Sess., cc. 1,2; 1996, c. 569; 1997, c.339; 1999, c. 372; 2000, c. 1040; 2001, c. 844.)
9.1-177. Form of oath of office for local probation officers. – Every local probation officer who is an employee of a local community-based probation agency, established by any city, county or combination thereof, or operated pursuant to this article, that provides probation and related services pursuant to the requirements of this article, shall take an oath of office as prescribed in 49-1 before entering the duties of his office. The oath of office shall be taken before any general district or circuit court judge in any city or county that has established services for the judicial system pursuant to this article. (2000, c. 1040, 53.1-182.1:1; 2001, c. 844.)
9.1-178. Community criminal justice boards. -- Each county or city or combination thereof developing and establishing a community corrections program pursuant to this article shall establish a community criminal justice board. Each county and city participating in a community corrections program shall be represented on the community criminal justice board. In the event that one county or city appropriates funds to the program as part of a multijurisdictional effort, any other participating county or city shall be considered to be participating in a program if such locality appropriates funds to the program. Appointments to the board shall be made by each local governing body. In cases of multijurisdictional participation, unless otherwise agreed upon, each participating city or county shall have an equal number of appointments. Boards shall be limited to fifteen members, except in cases of multijurisdictional boards which shall be limited to twenty members. Each board shall include the following: a judge of the general district court; a circuit court judge; a juvenile and domestic relations district court judge; a chief magistrate; one chief of police or the sheriff in a jurisdiction not served by a police department to represent law enforcement; an attorney for the Commonwealth; a public defender or an attorney who is experienced in the defense of criminal matters; a sheriff or the regional jail administrator responsible for jails serving those jurisdictions involved in the community-based corrections program; a local educator; and a community services board administrator. (Code 1950, 53.128.19; 1980, c. 300; 1982, c.636; 1983, c. 344; 1988, c. 557; 1994, 2nd Sp. Sess., cc. 1,2; 1995, cc. 502, 574, 768; 1996, c. 342; 1997, c. 339; 2000, c. 1040; 2001, c. 593; 2001, c. 844.)
9.1-179. Withdrawal from program. -- Any participating city or county may, at the beginning of any calendar quarter, by ordinance or resolution of its governing body, notify the Director of the Department of its intention to withdraw from the community corrections program. Withdrawal shall be effective as of the last day of the quarter in which such notice is given. (Code 1950, 53-128.20; 1980, c.300; 1982, c. 636; 1994, 2nd Sp. Sess., cc. 1,2; 1995, cc. 502, 574; 2000, c, 1040; 2001, c. 844.)
9.1-180. Responsibilities of community criminal justice boards. -- On behalf of the counties, cities, or combinations thereof which they represent, the community criminal justice boards shall have the responsibility to:
1. Provide for the purchase, development and operation of community
programs, services, and facilities for use by the courts in diverting offenders
from local correctional facility placements;
2. Assist community agencies and organizations in establishing and modifying
programs and services for offenders on the basis of an objective assessment of
the community's needs and resources;
3. Evaluate and monitor community programs, services and facilities to
determine their impact on offenders;
4. Develop and amend the community corrections plan in accordance with
guidelines and standards set forth by the Department for approval by
participating local governing bodies; and
5. Do all things necessary or convenient to carry out the responsibilities expressly
given in this article. (Code 1950, 53-128.21; 1980, c. 300; 1982, c. 636; 1983,
c. 344; 1991, c. 43; 1992, c. 740; 1994, 2nd Sp. Sess., cc. 1,2; 1995, cc. 502,
574; 2000, c. 1040; 2001, c. 844.)
9.1.181. Eligibility to participate.
–
A. Any city, county, or combination thereof, which elects to, or is required to
establish programs shall participate in a local community-based probation
program by ordinance or resolution of its governing authority. In cases of multijurisdictional
participation, each ordinance or resolution shall identify the chosen
administrator and fiscal agent as set forth in 53.1-185.3. Such ordinances or resolutions shall be
provided to the Director of the Department, regardless of funding source for
the established programs.
B. Any local community-based probation
program established pursuant to this article shall be available as a sentencing
alternative for persons sentenced to incarceration in a local or regional
correctional facility or who otherwise would be sentenced to incarceration in a
local correctional facility. (1992, c. 196; 1994, 2nd Sp. Sess., cc. 1,2.)
9.1-182. Funding; failure to comply; prohibited use of
funds. --
A. Counties and cities shall be required to establish a community corrections
program under this article only to the extent funded by the Commonwealth
through the general appropriation act.
B. The Department shall periodically review each program established under this
article to determine compliance with the submitted plan and operating
standards. If the Department determines that a program is not in substantial
compliance with the submitted plan or standards, the Department may suspend all
or any portion of financial aid made available to the locality for purposes of
this article until there is compliance.
C. Funding shall be used for the provision of services and operation of
programs and facilities but shall not be used for capital expenditures.
D. The Department, in conjunction with local boards, shall establish a
statewide system of supervision and intervention fees to be paid by offenders
participating in programs established under this article for reimbursement
towards the costs of their supervision.
E. Any supervision or intervention fees collected by local programs established
under this article shall be retained by the locality serving as fiscal agent
and shall be utilized for program expansion and program development, or to
supplant local costs of the program operation. Any program collecting such fees
shall keep records of the collected fees, report the amounts to the locality
serving as fiscal agent and make all records available to the community
criminal justice board. Such fees shall be in addition to any other imposed on
a defendant or offender as a condition or a deferred proceeding, conviction or
sentencing by a court as required by general law. (1994, 2nd Sp. Sess., cc.
1,2; 1995, cc. 502, 574, 768; 2000, c. 1040; 2001, c. 844.)
9.1-183. City or county to act as administrator and
fiscal agent. – Any single participating city or county shall
act as the administrator and fiscal agent for the funds awarded for purposes of
implementing a local pretrial services or community-based probation
program. In cases of
multijurisdictional participation, the governing authorities of the
participating localities shall select one of the participating cities or
counties, with its consent, to act as administrator and fiscal agent for the
funds awarded for purposes of implementing the local pretrial services or
community-based probation program on behalf of the participating jurisdictions.
The participating city or county
acting as administrator and fiscal agent pursuant to this section may be
reimbursed for the actual costs associated with the implementation of the local
pretrial services or community-based probation program, including fiscal
administration, accounting, payroll services, financial reporting, and
auditing. Any costs must be approved by the community criminal justice board
and reimbursed from those funds received for the operation of the community-based
probation program, and may not exceed one percent of those funds received in
any single fiscal year. (1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574;
1996, c. 969; 2000, c. 1040; 2001, c. 844.)
19.2-303.1. Fixing period of suspension of sentence. -- In any case where a court suspends the imposition or execution of a sentence, it may fix the period of suspension for a reasonable time, having due regard to the gravity of the offense, without regard to the maximum period for which the defendant might have been sentenced. (1982, c. 636.)
19.2-303.2. Persons charged with first offense may
be placed on probation. -- Whenever any person who has not
previously been convicted of any felony pleads guilty to or enters a plea of
not guilty to any crime against property constituting a misdemeanor, under
Articles 5,6,7 and 8 of Chapter 5 (18.2-119 et seq.) of Title 18.2, the court,
upon such plea if the facts found by the court would justify a finding of
guilt, without entering a judgment of guilt and with the consent of the
accused, may defer further proceedings and place him on probation subject to
terms and conditions, which may include restitution for losses caused, set by
the court. Upon violation of a term or condition, the court may enter an adjudication
of guilt and proceed as otherwise provided. Upon fulfillment of the terms and
conditions, the court shall discharge the person and dismiss the proceedings
against him. Discharge and dismissal under this section shall be without
adjudication of guilt and is a conviction only for the purpose of applying this
section in subsequent proceedings.
(1985, c. 617.)
A. A defendant who is (i) convicted on or after July 1, 1995, of a misdemeanor or a nonviolent felony as defined in 19.2-316.1 for which the court may impose a jail sentence, (ii) no younger than eighteen years of age or is considered an adult at the time of conviction, and (iii) who meets other eligibility criteria pursuant to this section and 53.1-180 may be sentenced to a community-based corrections program established pursuant to 53.1-181 by the local governing bodies within that judicial district or circuit.
B. Prior to or at the time of sentencing, the court may order the defendant placed in the community-based corrections program pursuant to 53.1-181 upon a determination by the court that the defendant may benefit from the program and is capable of returning to society as a productive citizen with a reasonable amount of supervision and intervention including program components set forth in 53.1-182.1. All or part of any sentence imposed may be suspended conditioned upon the defendant's completion of any community-based corrections program established pursuant to 53.1-181. The court may impose such other terms and conditions of supervision as it deems appropriate.
C. Upon the defendant's removal from the program by the Comprehensive Community Corrections Act for Local Responsible Offenders Program (53.1-180 et seq.) for (i) intractable behavior, or (ii) refusal to comply with the terms and conditions imposed by the court, the defendant exhibited intractable behavior as defined herein, or refused to comply with terms and conditions imposed, the court may revoke all or part of the suspended sentence and supervision, and commit the defendant to serve whatever sentence was originally imposed or impose such other terms and conditions of supervision as it deems appropriate. "Intractable Behavior" is that behavior which, in the determination of the court indicates a defendant's unwillingness or inability to conform his behavior to that which is necessary for successful completion of the program or that the defendant's behavior is so disruptive as to threaten the successful completion of the program by other participants.
D. The court may order a defendant sentenced pursuant to this section to pay an amount to defray the cost of the services received. (1994, 2nd Sp. Sess., cc. 1,2; 1995, cc. 502, 574.)