Bill Text: VA SB617 | 2010 | Regular Session | Introduced
Bill Title: Criminal procedure; sentencing revocation report worksheets.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-03 - Senate: Stricken at the request of Patron in Courts of Justice (15-Y 0-N) [SB617 Detail]
Download: Virginia-2010-SB617-Introduced.html
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10103373D Be it enacted by the General Assembly of Virginia: 1. That §§19.2-298.01 and 19.2-306 of the Code of Virginia are amended and reenacted as follows: §19.2-298.01. Use of discretionary sentencing guidelines. A. In all felony cases, other than Class 1 felonies, and in all probation revocation and sentence suspension revocation cases in which the defendant was under the direct supervision of the probation and parole district office, the court shall (i) have presented to it the appropriate discretionary sentencing guidelines or sentencing revocation report worksheets and (ii) review and consider the suitability of the applicable discretionary sentencing guidelines established pursuant to Chapter 8 (§17.1-800 et seq.) of Title 17.1 or sentencing revocation report , as appropriate. Before imposing sentence, the court shall state for the record that such review and consideration have been accomplished and shall make the completed worksheets a part of the record of the case and open for inspection. In cases tried by a jury, the jury shall not be presented any information regarding sentencing guidelines. B. In any felony case, other than Class 1 felonies, in which the court imposes a sentence which is either greater or less than that indicated by the discretionary sentencing guidelines, the court shall file with the record of the case a written explanation of such departure. C. In felony cases, other than Class 1 felonies, tried by a jury and in felony cases tried by the court without a jury upon a plea of not guilty and in all probation revocation and sentence suspension revocation cases in which the defendant was under the direct supervision of the probation and parole district office, the court shall direct a probation officer of such court to prepare the discretionary sentencing guidelines worksheets. In felony cases tried upon a plea of guilty, including cases which are the subject of a plea agreement, the court shall direct a probation officer of such court to prepare the discretionary sentencing guidelines worksheets, or, with the concurrence of the accused, the court and the attorney for the Commonwealth, the worksheets shall be prepared by the attorney for the Commonwealth. D. Except as provided in subsection E, discretionary sentencing guidelines or sentencing revocation report worksheets prepared pursuant to this section shall be subject to the same distribution as presentence investigation reports prepared pursuant to subsection A of §19.2-299. E. Following the entry of a final order in a probation revocation or sentence suspension revocation case or final order of conviction and sentence in a felony case, the clerk of the circuit court in which the case was tried shall cause a copy of such order or orders, the original of the discretionary sentencing guidelines or sentencing revocation report worksheets prepared in the case, and a copy of any departure explanation prepared pursuant to subsection B to be forwarded to the Virginia Criminal Sentencing Commission within five days. Similarly, the statement required by §§19.2-295 and 19.2-303 and regarding departure from or modification of a sentence fixed by a jury shall be forwarded to the Virginia Criminal Sentencing Commission. F. The failure to follow any or all of the provisions of this section or the failure to follow any or all of the provisions of this section in the prescribed manner shall not be reviewable on appeal or the basis of any other post-conviction relief. G. The provisions of this section shall apply only to felony cases in which the offense is committed on or after January 1, 1995, and for which there are discretionary sentencing guidelines and to all revocation of suspension cases filed on and after July 1, 2010. For purposes of the discretionary sentencing guidelines only, a person sentenced to a boot camp incarceration program pursuant to §19.2-316.1, a detention center incarceration program pursuant to §19.2-316.2 or a diversion center incarceration program pursuant to §19.2-316.3 shall be deemed to be sentenced to a term of incarceration. §19.2-306. Revocation of suspension of sentence and probation. A. B. The court may not conduct a hearing to revoke the suspension of sentence unless the court, within one year after the expiration of the period of probation or the period of suspension, issues process to notify the accused or to compel his appearance before the court. If neither a probation period nor a period of suspension was fixed by the court, then the court shall issue process within one year after the expiration of the maximum period for which the defendant might originally have been sentenced to be incarcerated. Such notice and service of process may be waived by the defendant, in which case the court may proceed to determine whether the defendant has violated the conditions of suspension. C. If the court, after hearing, finds good cause to believe that the defendant has violated the terms of suspension, then: (i) if the court originally suspended the imposition of sentence, the court shall revoke the suspension, and the court may pronounce whatever sentence might have been originally imposed or (ii) if the court originally suspended the execution of the sentence, the court shall revoke the suspension and the original sentence shall be in full force and effect. The court may again suspend all or any part of this sentence and may place the defendant upon terms and conditions or probation. D. If any court has, after hearing, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence or probation, then any further hearing to impose a sentence or revoke a suspended sentence or probation, based solely on the alleged violation for which the hearing was held, shall be barred. E. Nothing contained herein shall be construed to deprive any person of his right to appeal in the manner provided by law to the circuit court having criminal jurisdiction from a judgment or order revoking any suspended sentence.
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