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 postrelease supervision upon release from the active term of incarceration. The period of supervision shall be established by the court; however, such period shall not be less than six months nor more than three years. Periods of postrelease supervision imposed pursuant to this section upon more than one felony conviction may be ordered to run concurrently. Periods of postrelease supervision imposed pursuant to this section may be ordered to run concurrently with any period of probation the defendant may also be subject to serve.
B. The period of postrelease supervision shall be under the supervision and review of the Virginia Parole Board. The Board shall review each felon prior to release and establish conditions of postrelease supervision. Failure to successfully abide by such terms and conditions shall be grounds to terminate the period of postrelease supervision and recommit the defendant to the Department of Corrections or to the local correctional facility from which he was previously released. Procedures for any such termination and recommitment shall be conducted in the same manner as procedures for the revocation of parole.
C. Postrelease supervision programs shall be operated through the probation and parole districts established pursuant to § 53.1-141.
D. Nothing in this section shall be construed to prohibit the court from exercising any authority otherwise granted by law.
1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 2000, c. 767; 2020, cc. 1115, 1116.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 18 - Sentence; Judgment; Execution of Sentence
§ 19.2-295. Ascertainment of punishment
§ 19.2-295.1. Sentencing proceeding by the jury after conviction
§ 19.2-295.3. Admission of victim impact testimony
§ 19.2-296. Withdrawal of plea of guilty
§ 19.2-297.1. Sentence of person twice previously convicted of certain violent felonies
§ 19.2-298. Pronouncement of sentence
§ 19.2-298.01. Use of discretionary sentencing guidelines
§ 19.2-298.02. Deferred disposition in a criminal case
§ 19.2-299. Investigations and reports by probation officers in certain cases
§ 19.2-299.1. When Victim Impact Statement required; contents; uses
§ 19.2-302. Construction and administration of §§ 19.2-300 and 19.2-301
§ 19.2-303.01. Reduction of sentence; substantial assistance to prosecution
§ 19.2-303.1. Fixing period of suspension of sentence
§ 19.2-303.2. Persons charged with first offense may be placed on probation
§ 19.2-303.4. Payment of costs when proceedings deferred and defendant placed on probation
§ 19.2-304. Increasing or decreasing probation period and modification of conditions
§ 19.2-305.1. Restitution for property damage or loss; community service
§ 19.2-305.2. Amount of restitution; enforcement
§ 19.2-305.4. When interest to be paid on award of restitution
§ 19.2-306. Revocation of suspension of sentence and probation
§ 19.2-306.1. Limitation on sentence upon revocation of suspension of sentence; exceptions
§ 19.2-307. Contents of judgment order
§ 19.2-308. When two or more sentences run concurrently
§ 19.2-308.1. When sentence may run concurrently with sentence in another jurisdiction
§ 19.2-310. Transfer of prisoners to custody of Director of Department of Corrections
§ 19.2-310.01. Transmission of sentencing documents
§ 19.2-310.2:1. Saliva or tissue sample required for DNA analysis after arrest for a violent felony
§ 19.2-310.3. Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis
§ 19.2-310.3:1. Procedures for taking saliva or tissue sample for DNA analysis
§ 19.2-310.4. Procedures for conducting DNA analysis of blood, saliva or tissue sample
§ 19.2-310.6. Unauthorized uses of DNA data bank; forensic samples; penalties
§ 19.2-313. Eligibility for release
§ 19.2-314. Supervision of persons released
§ 19.2-316. Evaluation and report prior to determining punishment