A. For offenses committed on or after July 1, 2006:
1. At the time the court imposes a sentence upon a conviction for a first violation of subsection A of § 18.2-472.1 the court shall impose an added term of postrelease incarceration of six months.
2. For a second or subsequent violation of subsection A of § 18.2-472.1 when both violations occurred after July 1, 2006, or a first violation of subsection B of § 18.2-472.1, the court shall impose an added term of postrelease incarceration of two years.
3. For a second or subsequent violation of subsection B of § 18.2-472.1 when both violations occurred after July 1, 2006, the court shall impose an added term of postrelease incarceration of five years.
Any terms of postrelease incarceration imposed pursuant to this section shall be in addition to any other punishment imposed, including any periods of active incarceration or suspended periods of incarceration, if any.
B. The court shall order that any term of postrelease incarceration imposed pursuant to this section be suspended, and the defendant be placed on active supervision under a postrelease supervision program operated by the Department of Corrections. The court shall order that the defendant be subject to electronic monitoring by means of a GPS (Global Positioning System) tracking device, or other similar device during this period of postrelease supervision. Failure to successfully abide by the terms and conditions of the postrelease supervision program shall be grounds to terminate the period of postrelease supervision and recommit the defendant to the Department of Corrections or to a local correctional facility. Procedures for any such termination shall be conducted after a hearing in the court which originally sentenced the defendant, conducted in a manner consistent with a revocation hearing under § 19.2-306, mutatis mutandis.
C. Nothing in this section shall be construed to prohibit the court from exercising any authority otherwise granted by law.
2006, cc. 857, 914; 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