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VA SB936

VA SB936
Decreasing probation period; criteria for mandatory reduction, effective clause, report.


summary

Introduced
01/06/2025
In Committee
02/10/2025
Crossed Over
02/22/2025
Passed
03/07/2025
Dead
Signed/Enacted/Adopted
04/02/2025

Introduced Session

2025 Regular Session

Bill Summary

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.

AI Summary

This bill modifies Virginia's probation laws by establishing a new system for reducing a defendant's probation period based on specific positive behaviors and achievements. Under the proposed legislation, defendants can earn probation time reductions by completing educational activities, maintaining employment of at least 30 hours per week, participating in mental health or substance abuse treatment programs, securing health insurance, and obtaining stable housing. Defendants can earn up to 15 days of probation reduction for each six-month period they meet one of these criteria, with a maximum of 150 days of credit per calendar year. The court can decrease probation without a hearing if the defendant's conduct warrants it, but can also revoke credits if public safety is at risk. Probation officers will be responsible for tracking and verifying these achievements through documentation like pay stubs, program reports, and insurance cards. The bill explicitly does not apply to certain mandatory long-term probation sentences and requires the Department of Corrections to convene a stakeholder work group to study and report on community supervision practices by November 1, 2025. Importantly, the bill's provisions will not take effect unless reenacted by the 2026 Session of the General Assembly, providing an additional review opportunity.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Acts of Assembly Chapter text (CHAP0611) (on 04/02/2025)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/SB936
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/CHAP0611
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/SB936ER2
Governor's Recommendation SB936 https://lis.virginia.gov/bill-details/20251/SB936/text/SB936AG
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/SB936S3
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB936) https://lis.blob.core.windows.net/files/1070424.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/SB936ER
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB936) https://lis.blob.core.windows.net/files/1068124.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/SB936S2
Conference Report SB936 https://lis.virginia.gov/bill-details/20251/SB936/text/SB936AC
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB936) https://lis.blob.core.windows.net/files/1047716.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/SB936H1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB936) https://lis.blob.core.windows.net/files/1038078.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/SB936S1
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/SB936SC1
BillText https://lis.virginia.gov/bill-details/20251/SB936/text/SB936
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