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Code of Virginia
Title 19.2. Criminal Procedure
Chapter 18. Sentence; Judgment; Execution of Sentence
7/18/2025

§ 19.2-295.2. Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000.

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 may, and (ii) on or after July 1, 2000, shall, in addition to any other punishment imposed if such other punishment includes an active term of incarceration in a state or local correctional facility, except in cases in which the court orders a suspended term of confinement of at least six months, impose a term of incarceration, in addition to the active term, of not less than six months nor more than three years, as the court may determine. Such additional term shall be suspended and the defendant shall be ordered to be placed under probation pursuant to § 19.2-303 upon release from the active term of incarceration. The period of probation shall be established by the court; however, such period shall not be less than six months nor more than three years. Periods of probation imposed pursuant to this section upon more than one felony conviction may be ordered to run concurrently.

B. Failure to successfully complete the period of probation in accordance with this section shall be subject to revocation of such probation pursuant to §§ 19.2-306 and 19.2-306.1.

Nothing in this section shall be construed to prohibit the court from exercising any authority otherwise granted by law.

1994, Sp. Sess. II., cc. 1, 2; 1995, cc. 502, 574; 2000, c. 767; 2020, cc. 1115, 1116; 2025, c. 716.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.