VA HB 1252

Title: Limitation on sentence upon revocation of suspension of sentence; technical violations.
Author: Adele Y. McClure

Summary
Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that when conducting a revocation hearing, the court shall consider at the same revocation hearing all alleged technical violations that occurred prior to such revocation hearing and have not been previously considered by the court. The bill also requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall adjudicate such violation within 14 days of the defendant being taken into custody. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days.

Status
House: House sustained Governor's veto

Bill Documents
VA HB 1252 - Prefiled and ordered printed; offered 01/10/24 24103627D
2024-01-10 - VA HB 1252 (Prefiled and ordered printed; offered 01/10/24 24103627D)

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VA HB 1252 - Senate amendments
2024-01-10 - VA HB 1252 (Senate amendments)

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VA HB 1252 - Senate amendments engrossed
2024-01-10 - VA HB 1252 (Senate amendments engrossed)

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VA HB 1252 - Bill text as passed House and Senate (HB1252ER)
2024-01-10 - VA HB 1252 (Bill text as passed House and Senate (HB1252ER))

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VA HB 1252 - Prefiled and ordered printed; offered 01/10/24 24103627D
2024-01-10 - VA HB 1252 (Prefiled and ordered printed; offered 01/10/24 24103627D)

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