VA HB1718 | 2023 | Regular Session

Status

Spectrum: Partisan Bill (Democrat 3-0)
Status: Introduced on January 9 2023 - 25% progression, died in committee
Action: 2023-02-07 - Left in Courts of Justice
Pending: House Courts of Justice Committee
Text: Latest bill text (Prefiled) [HTML]

Summary

Community corrections alternative program. Requires defendants to enter into and complete the community corrections alternative program ("CCAP") after (i) a recommendation from the Department of Corrections ("Department"), (ii) a determination by the court that the defendant will benefit from the community corrections alternative program and is capable of returning to society as a productive citizen following successful completion of the program, and (iii) the defendant would otherwise be committed to the Department. The bill provides that if the defendant is removed from the program for intractable behavior or failure to comply with the terms and conditions of probation, the court shall show cause the defendant to show cause why his probation and suspension of sentence should not be revoked. Community corrections alternative program. Requires defendants to enter into and complete the community corrections alternative program ("CCAP") after (i) a recommendation from the Department of Corrections ("Department"), (ii) a determination by the court that the defendant will benefit from the community corrections alternative program and is capable of returning to society as a productive citizen following successful completion of the program, and (iii) the defendant would otherwise be committed to the Department. The bill provides that if the defendant is removed from the program for intractable behavior or failure to comply with the terms and conditions of probation, the court shall show cause the defendant to show cause why his probation and suspension of sentence should not be revoked. The bill also directs the Parole Board to require violators to enter into and complete CCAP upon the same above conditions; the Parole Board may revoke parole or mandatory release and recommit the violator upon removal from the program by the Department for intractable behavior or failure to comply with the terms and conditions of parole or mandatory release. Current law allows defendants/parole violators to be placed on probation conditioned upon entry and successful competition of CCAP and directs the court to require a defendant to show cause why his probation and suspension of sentence should not be revoked on the grounds of his voluntary withdrawal from the program.

Tracking Information

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Title

Community corrections alternative program; defendants required to enter into and complete program.

Sponsors


Roll Calls

2023-01-18 - House - House: Subcommittee recommends passing by indefinitely (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2023-02-07HouseLeft in Courts of Justice
2023-01-18HouseSubcommittee recommends passing by indefinitely (5-Y 3-N)
2023-01-17HouseAssigned Courts sub: Subcommittee #1
2023-01-09HouseReferred to Committee for Courts of Justice
2023-01-09HousePrefiled and ordered printed; offered 01/11/23 23101512D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
192316.4(n/a)See Bill Text

Virginia State Sources


Bill Comments

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