HB 2252

Abstract

Decreasing probation period; criteria for mandatory reduction. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing qualifying educational activities, maintaining verifiable employment, complying with or completing any state-certified or state-approved mental health or substance abuse treatment program, securing and maintaining qualifying health insurance or a qualifying health care plan, and obtaining housing and establishing residence. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct and may do so without a hearing, but the court may also revoke any credits accrued after a hearing for any reason the court deems necessary and in the interest of the health and safety of the public. The bill also requires the Department of Corrections to meet with all relevant stakeholders and report to the General Assembly on (i) current practices for community supervision as it relates to monitoring engagement and attainment included in Executive Order 36 (2024) and (ii) recommendations for court-ordered modification of time served on supervised probation. However, no recommendation shall be considered that allows the probationer (a) to receive credits while being in technical violation of his probation or (b) to receive more than 150 days of credit in one calendar year for a modified term. The work group shall take into consideration the impact of a reduced period of supervised probation on probationers who were released from incarceration due to sentence reductions pursuant to relevant law. The work group shall submit an executive summary and report of its findings and recommendations to the Governor and the General Assembly by November 1, 2025. Except for the provision requiring the Department of Corrections to meet with all relevant stakeholders and report to the Governor and General Assembly, the provisions of the bill do not become effective unless reenacted by the 2026 Session of the General Assembly. This bill is identical to SB 936.

An Act to amend and reenact § 19.2-304 of the Code of Virginia, relating to decreasing probation period; criteria for mandatory reduction; work group; report.