Books and Journals 8.5 Alternative Sentencing Options for Felony Convictions

8.5 Alternative Sentencing Options for Felony Convictions

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8.5 ALTERNATIVE SENTENCING OPTIONS FOR FELONY CONVICTIONS

8.501 Probation Under Supervision in Community.

When a person is convicted of a felony or misdemeanor, the court may suspend the sentence and place the offender on probation under professional supervision in the community according to conditions set by the court. 1544 Section 19.2-303 further provides that the court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned. Any period of supervised probation cannot exceed five years from the release of the defendant from an active period of incarceration. The limitation on the period of probation, however, does not apply to the extent that an additional period of probation is necessary (i) for the defendant to participate in a court-ordered program or (ii) if a defendant owes restitution and is still subject to restitution compliance review hearings in accordance with section 19.2-305.1. 1545 However, the court cannot suspend any portion of a mandatory minimum sentence. 1546

8.502 Intensive Probation Supervision.

The court may impose special conditions for intensive supervision, including monitoring by a GPS tracking device or SCRAM (Secure Continuous Remote Alcohol Monitor) device when granting probation. 1547

8.503 Home/Electronic Monitoring.

A. Monitoring Offender's Activity.

For nonviolent offenders who would otherwise be sentenced to...

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