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Piedmont Court Services - Eligibility

 

ELIGIBILITY CRITERIA AND PROCEDURE

POLICY: All offenders sentenced pursuant to § 19.2-303.3 of the Code of Virginia shall be considered to be on local probation supervision.

PROCEDURES: Piedmont Court Services will consider any offender who is sentenced pursuant to Article I (§ 19.2-303.3) of Chapter 18 of Title 19.2 of the Code of Virginia eligible to be placed on local probation supervision.

Eligibility Criteria:

  1. Certain misdemeanants or persons, who are no younger than 18 years of age or are considered an adult at time of conviction, and may be convicted of non-violent felonies, as defined in 19.2-303.3, 19.2-316.1 and 4.1-305 of Chapter 338 for whom the court may impose a jail sentence and who may require less than institutional custody or who may receive a deferred judgment, no sentence.

  2. IAppropriate Supervision Placement means, for the purposes of local probation, an adult offender or one who has been adjudicated as an adult, sentenced to 12 months or less for a Class 1 or 2 misdemeanor or nonviolent felony, and who has been placed under the supervision of a local community-based probation services agency with a sentence suspended in whole or in part, or an a local community-based probation following a deferred proceeding for any Class 1 or 2 misdemeanor offense authorized by state statute.

    "Nonviolent" shall be defined as one who does not evidence behavior which indicates the offender's potential for violence is too hazardous to justify a community-based plan or the instant offense did not involve a bodily threat with a criminally defined weapon or result in serious injury. The nature of the current offense and the offender's crinimal history are considered. Pursuant to Section 19.2-316.1, "nonviolent felony" means the exclusion of murder, manslaughter, kidnapping, sexual assault, malicious wounding, robbery, or any attempt to commit any of these crimes.

  3. No offender shall have a demonstrated pattern of violence as reflected in the offender's criminal history; however, the assault and battery placements may be accepted for local probation supervision.

  4. No offender shall have any outstanding criminal charges, detainers, or dispositions which could preclude eventual program participation.

  5. Each offender shall be deemed suitable for program participation by the determination that an appropriate, rational Conditions of Supervision contract can be developed. Each offender shall participate in the development of his/her contract and agree (by signing the contract) to abide by its conditions.

  6. No offender may have medical, psychiatric, or drug/alcohol abuse problems or present treatment needs which go beyond the resources available to the community-based probation services agency. In addition, in order to be recommended for this Piedmont Court Services' community-based probation services agency or for participation in the same, the offender shall pose no threat to the safety of the victim or the community.

  7. Juveniles considered for diversion must be considered an adult, 18 years of age, at the time of the court disposition in order to be eligible for this community-based probation program.