GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 1252, which requires courts to release defendants being held for a probation violation under certain circumstances.

This bill’s requirements would put Virginia law at odds with the Interstate Compact for Adult Offender Supervision, which governs probation violation release timeframes across all state governments.

The bill also mandates that offenders be held for probation violations after fourteen days, even if they were a flight risk or likely to re-offend based on past behavior. The fourteen-day timeframe is insufficient for attorneys to collect and present evidence on whether the offender should be released or remain in custody.

In addition, this bill uses technical terms without clear definitions, creating uncertainty for courts when determining probation violations or releasing offenders. Consequently, disparate outcomes may arise based on individual judges’ interpretations.  

Accordingly, I veto this bill.