SB 936

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 in the interests of justice and may do so without a hearing, unless the defendant poses an imminent threat to the health and safety of himself or others. The bill 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 in education, employment, treatment, and other programs and making recommendations to the court for modification of time served on probation; (ii) how such practices compare to the processes and practices that would be established pursuant to the bill; and (iii) a plan for such implementation by November 1, 2025. Except for this provision requiring the Department of Corrections to meet with all relevant stakeholders and report to the 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 HB 2252.

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.