Code of Virginia - Title 19.2 Criminal Procedure - Chapter 18 Sentence; Judgment; Execution Of Sentence

19.2-295 Ascertainment of punishment
A. Within the limits prescribed by law, the term of confinement in the state correctional facility or in jail and the amount of fine, if ...
19.2-295.1 Sentencing proceeding by the jury after conviction
In cases of trial by jury, upon a finding that the defendant is guilty of a felony or a Class 1 misdemeanor, or upon a ...
19.2-295.2 Postrelease supervision of felons sentenced for offenses committed on and after January 1, 1995, an...
A. At the time the court imposes sentence upon a conviction for any felony offense committed (i) on or after January 1, 1995, the court ...
19.2-295.2:1 Postrelease supervision of felons sentenced for certain offenses committed on or after July 1, 200...
A. For offenses committed on or after July 1, 2006: 1. At the time the court imposes a sentence upon a conviction for a first ...
19.2-295.3 Admission of victim impact testimony
Whether by trial or upon a plea of guilty, upon a finding that the defendant is guilty of a felony, the court shall permit the ...
19.2-296 Withdrawal of plea of guilty
A motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of a sentence is ...
19.2-297 Description unavailable
Repealed by Acts 1994, c. 706. ...
19.2-297.1 Sentence of person twice previously convicted of certain violent felonies
A. Any person convicted of two or more separate acts of violence when such offenses were not part of a common act, transaction or scheme, ...
19.2-298 Pronouncement of sentence
After a finding of guilty, sentence shall be pronounced, or decision to suspend the imposition of sentence shall be announced, without unreasonable delay. Pending pronouncement, ...
19.2-298.01 Use of discretionary sentencing guidelines
A. In all felony cases, other than Class 1 felonies, the court shall (i) have presented to it the appropriate discretionary sentencing guidelines worksheets and ...
19.2-298.1 through 19.2-298.4
Repealed by Acts 2003, c. 584. ...
19.2-299 Investigations and reports by probation officers in certain cases
A. When a person is tried in a circuit court (i) upon a charge of assault and battery in violation of § 18.2-57 or 18.2-57.2, ...
19.2-299.1 When Victim Impact Statement required; contents; uses
The presentence report prepared pursuant to § 19.2-299 shall, with the consent of the victim, as defined in § 19.2-11.01, in all cases involving offenses ...
19.2-299.2 Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor conviction...
A. When a person is convicted of any offense committed on or after January 1, 2000, under Article 1 (§ 18.2-247 et seq.) or Article ...
19.2-300 Deferring for mental examination sentence of person convicted of offense indicating sexual abnormal...
In the case of the conviction in any circuit court of any person for any criminal offense which indicates sexual abnormality, the trial judge may ...
19.2-301 Judge shall require examination under { 19.2-300; by whom made; report; expenses of psychiatris...
The judge shall order the defendant examined by at least one psychiatrist or clinical psychologist who is qualified by specialized training and experience to perform ...
19.2-302 Construction and administration of {{ 19.2-300 and 19.2-301
Nothing contained in § 19.2-300 or § 19.2-301 shall be construed to conflict with or repeal any statute in regard to the Department of Mental ...
19.2-303 Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tis...
After conviction, whether with or without jury, the court may suspend imposition of sentence or suspend the sentence in whole or part and in addition ...
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, ...
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 ...
19.2-303.3 Sentence to local community-based probation services; services agency; requirements for participati...
A. Any offender who is (i) convicted on or after July 1, 1995, of a misdemeanor or a felony that is not a felony act ...
19.2-303.4 Payment of costs when proceedings deferred and defendant placed on probation
A circuit or district court, which has deferred further proceedings, without entering a judgment of guilt, and placed a defendant on probation subject to terms ...
19.2-304 Increasing or decreasing probation period and modification of conditions
The court may subsequently increase or decrease the probation period and may revoke or modify any condition of probation, but only upon a hearing after ...
19.2-305 Requiring fines, costs, restitution for damages, support or community services from probatione...
A. While on probation the defendant may be required to pay in one or several sums a fine or costs, or both such fine and ...
19.2-305.1 Restitution for property damage or loss; community service
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 ...
19.2-305.2 Amount of restitution; enforcement
A. The court, when ordering restitution pursuant to § 19.2-305.1, may require that such defendant, in the case of an offense resulting in damage to ...
19.2-305.3 Description unavailable
Repealed by Acts 1997, c. 140. ...
19.2-305.4 When interest to be paid on award of restitution
The court, when ordering restitution pursuant to § 19.2-305 or 19.2-305.1, may provide in the order for interest on the restitution. If the court orders ...
19.2-306 Revocation of suspension of sentence and probation
A. In any case in which the court has suspended the execution or imposition of sentence, the court may revoke the suspension of sentence for ...
19.2-307 Contents of judgment order
The judgment order shall set forth the plea, the verdict or findings and the adjudication and sentence, whether or not the case was tried by ...
19.2-308 When two or more sentences run concurrently
When any person is convicted of two or more offenses, and sentenced to confinement, such sentences shall not run concurrently, unless expressly ordered by the ...
19.2-308.1 When sentence may run concurrently with sentence in another jurisdiction
Notwithstanding any other provision of law, in the event that a person is convicted of a criminal offense in any court of this Commonwealth and ...
19.2-309 Sentence of confinement for conviction of a combination of felony and misdemeanor offense...
When any person is convicted of a combination of felony and misdemeanor offenses and sentenced to confinement therefor, in determining the sequence of confinement, the ...
19.2-309.1 Description unavailable
Not set out. (1988, cc. 764, 785.) ...
19.2-310 Transfer of prisoners to custody of Director of Department of Corrections
Every person sentenced by a court to the Department of Corrections upon conviction of a felony shall be conveyed to an appropriate receiving unit operated ...
19.2-310.01 Transmission of sentencing documents
Within thirty days of the receipt of a request from the Department of Corrections for certified copies of sentencing documents for any misdemeanor conviction, the ...
19.2-310.1 Description unavailable
Repealed by Acts 1982, c. 636. ...
19.2-310.2 Blood, saliva, or tissue sample required for DNA analysis upon conviction of a felony; fe...
A. Every person convicted of a felony on or after July 1, 1990, and every person convicted of a felony offense under Article 7 (§ ...
19.2-310.2:1 Saliva or tissue sample required for DNA analysis after arrest for a violent felony
Every person arrested for the commission or attempted commission of a violent felony as defined in § 19.2-297.1 or a violation or attempt to commit ...
19.2-310.3 Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis
Each sample required pursuant to § 19.2-310.2 from persons who are to be incarcerated shall be withdrawn at the receiving unit or at such other ...
19.2-310.3:1 Procedures for taking saliva or tissue sample for DNA analysis
A. Each sample required pursuant to § 19.2-310.2:1 from persons arrested shall be taken before release from custody at such place as is designated by ...
19.2-310.4 Procedures for conducting DNA analysis of blood, saliva or tissue sample
Whether or not the results of an analysis are to be included in the data bank, the Department shall conduct the DNA analysis in accordance ...
19.2-310.5 DNA data bank exchange
It shall be the duty of the Department to receive blood, saliva or tissue samples and to analyze, classify, and file the results of DNA ...
19.2-310.6 Unauthorized uses of DNA data bank; forensic samples; penalties
Any person who, without authority, disseminates information contained in the data bank shall be guilty of a Class 3 misdemeanor. Any person who disseminates, receives, ...
19.2-310.7 Expungement when DNA taken for a felony conviction
A person whose DNA profile has been included in the data bank pursuant to § 19.2-310.2 may request expungement on the grounds that the felony ...
19.2-311 Indeterminate commitment to Department of Corrections in certain cases; duration and character of c...
A. The judge, after a finding of guilt, when fixing punishment in those cases specifically enumerated in subsection B of this section, may, in his ...
19.2-312 Description unavailable
Repealed by Acts 1990, c. 701. ...
19.2-313 Eligibility for release
Any person committed under the provisions of § 19.2-311 shall be eligible for release at the discretion of the Parole Board upon certification by the ...
19.2-314 Supervision of persons released
Every person released under § 19.2-313 shall receive intensive parole supervision for a period of at least one and one-half years and may have parole ...
19.2-315 Compliance with terms and conditions of parole; time on parole not counted as part of commitment pe...
Every person on parole under § 19.2-314 shall comply with such terms and conditions as may be prescribed by the Board according to § 53.1-157 ...
19.2-316 Evaluation and report prior to determining punishment
Following conviction and prior to sentencing, the court shall order such defendant committed to the Department of Corrections for a period not to exceed sixty ...
19.2-316.1 Eligibility for participation; evaluation; sentencing; withdrawal or removal from program
An individual may be eligible to be sentenced as provided herein if he (i) is convicted on or after January 1, 1991, of a nonviolent ...
19.2-316.2 Eligibility for participation in detention center incarceration program; evaluation; sentencing; wi...
A. A defendant who otherwise would have been sentenced to incarceration for a nonviolent felony as defined in § 19.2-316.1 or who has been previously ...
19.2-316.3 Eligibility for participation in diversion center incarceration program; evaluation; sentencing; wi...
A. A defendant (i) who otherwise would have been sentenced to incarceration for a nonviolent felony as defined in § 19.2-316.1 and who the court ...

Last modified: April 3, 2009