8.4 Alternative Sentencing Options for Felony Convictions

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2020 Ed.)

8.4 ALTERNATIVE SENTENCING OPTIONS FOR FELONY CONVICTIONS

8.401 Probation Under Supervision in Community. When a person is convicted of a felony or misdemeanor, the court may suspend the sentence and place the offender on probation under professional supervision in the community according to conditions set by the court. ¹⁵⁸ However, the court cannot suspend any portion of a mandatory minimum sentence. ¹⁵⁹

8.402 Intensive Probation Supervision. The court may impose special conditions for intensive supervision, including monitoring by a GPS

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tracking device or SCRAM (Secure Continuous Remote Alcohol Monitor) device when granting probation. ¹⁶⁰

8.403 Home/Electronic Monitoring.

A. Monitoring Offender's Activity. For nonviolent offenders who would otherwise be sentenced to incarceration, home/electronic monitoring provides electronic supervision using technological devices to establish the defendant's location. ¹⁶¹ Location can also be monitored using GPS technology. Home/electronic monitoring is not available when a mandatory minimum sentence of incarceration has been imposed. ¹⁶²

B. Alcohol Detection (SCRAM) Devices. The SCRAM device, used in some Virginia jurisdictions for DUI offenders, is a bracelet that is locked to the...