Virginia 2024 Regular Session Status: Enacted

SB 80 — Decreasing probation period; establishes criteria for mandatory reduction.

Last action — Requires 2/3 members present

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 31, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 26, 2024.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Mixed recorded votes

    13 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Decreasing probation period; criteria for mandatory reduction; report. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing qualifying educational activities, maintaining verifiable employment, and complying with or completing any state-certified or state-approved mental health or substance abuse treatment program. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct and in the interests of justice and may do so without a hearing. The bill also directs the Department of Corrections to meet with relevant stakeholders and provide to the General Assembly by November 1, 2024, a report regarding certain probation practices. The provisions of the bill, other than the requirement that the Department submit a report to the General Assembly, are subject to reenactment by the 2025 Session of the General Assembly. This bill is identical to HB 457.

Bill Text

What changed in the latest version

78 added · 76 removed

Plain-language change summary

The changes made in Bill SB 80 primarily clarify the criteria for when a defendant's probation period can be reduced. The revised bill specifies that probation can be shortened if the individual completes educational programs, maintains steady employment, or successfully finishes substance abuse or mental health treatment programs. This matters because it encourages rehabilitation by providing clear incentives for defendants to improve their educational and employment status, ultimately supporting their reintegration into society.

→
Previous
Latest
SESSION SENATE SUBSTITUTE 24109071D SENATE BILL NO.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 19.2-304 of the Code of Virginia, relating to decreasing probation period;
80 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Joint Conference Committee on March 8, 2024) (Patron Prior to Substitute––Senator Favola) A BILL to amend and reenact § 19.2-304 of the Code of Virginia, relating to decreasing probation Be it enacted by the General Assembly of Virginia:
criteria for mandatory reduction;
report.
R O [S 80] Approved L L Be it enacted by the General Assembly of Virginia:
§ 19.2-304.
E § 19.2-304.
mandatory reduction in probation period.
D manA.
A.
The court may subsequently increase or decrease the probation period and may revoke or modify any condition of probation, but only upon a hearing after reasonable notice to both the defendant and the attorney for the Commonwealth.
The court may subsequently increase or decrease the probation period and may revoke or modify the attorney for the Commonwealth.
After fixing the probation period, the court may subsequently decrease the probation period without a hearing if warranted by the defendant's conduct and in the interests of justice.
After fixing the probation period, the court may subsequentlyt and decrease the probation period without a hearing if warranted by the defendant's conduct and in the interests of justice.
B.
E B.
The defendant completes a qualifying educational activity, including obtaining a high school diploma, passing high school equivalency testing, completing 15 credit hours with at least a 2.0 grade peer recovery specialist training program approved by the Department of Behavioral Health andetAng a Developmental Services, completing a state-certified training program, or completing a vocationTl or job training program made available by the Department of Corrections or by a community provider approved by the Department of Corrections;
The defendant completes a qualifying educational activity, including obtaining a high schBol diploma, passing high school equivalency testing, completing 15 credit hours with at least a 2.0 grade peer recovery specialist training program approved by the Department of Behavioral Health andetEng a Developmental Services, completing a state-certified training program, or completing a vocational or job training program made available by the Department of Corrections or by a community provider approved by the Department of Corrections;
E 2.
2.
or substance abuse treatment program or successfully completes a state-certified or state-approved mental health or substance abuse treatment program.
or 3.
S C.
The defendant is in compliance with any state-certified or state-approved mental health or substance abuse treatment program or successfully completes a state-certified or state-approved mental heaC.
A defendant shall not begin accruing credit for any educational activity, employment, or Ureatment program described in subsection B until the first day of the first full month that such defendaBt is on supervised probation.
A defendant shall not begin accruing credit for any educational activity, employment, or treatment program described in subsection B until the first day of the first full month that such defendant is on supervised probation.
A defendant may accrue credits from each of subdivisions B 1, 2, and 3 in each defendant is found in violation of his supervised probation, unless such violation is a technical violation and the probation officer for such defendant determines that there exists a compelling reason to award :
A defendant may accrue credits from each of subdivisions B 1, 2, and 3 in each six-month reporting period.
36 credits for such period of time.
Such credits shall not accrue during any calendar month in which the defendant is found in violation of his supervised probation, unless such violation is a technical violation and the probation officer for such defendant determines that there exists a compelling reason to award credits for such period of time.
For every six-month period of qualifying educational activity the 37 defendant completes in accordance with subdivision B 1, the defendant's supervised probation period 38 shall be reduced by 60 days.
For every six-month period of qualifying educational activity the defendant completes in accordance with subdivision B 1, the defendant's supervised probation period completes in accordance with subdivision B 2, the defendant's supervised probation period shall be reduced by 30 days.
For every six-month period of verifiable employment the defendant T 39 completes in accordance with subdivision B 2, the defendant's supervised probation period shallUbe treatment program compliance or for completion of a qualifying mental health or substance abuse treatment program in accordance with subdivision B 3, the defendant's supervised probation period shall be reduced by 60 days.
For every six-month period of qualifying mental health or substance abuse treatment program compliance or for completion of a qualifying mental health or substance abuse treatment program in accordance with subdivision B 3, the defendant's supervised probation period shall be reduced by 60 days.
E A defendant's probation officer shall promptly and no less than quarterly calculate any reductions to such defendant's supervised probation for any qualifying evidence-based recidivism-reducing activities, completing or complying with any state-certified or state-approved mental health or substance abuse treatment program under this subsection.
A defendant's probation officer shall promptly and no less than quarterly calculate any reductions to such defendant's supervised probation for any qualifying evidence-based recidivism-reducing activities, including completing qualifying educational activities, maintaining verifiable employment, and treatment program under this subsection.
A defendant's probation officer shall verify employment through supporting documentation, which may include any record, employer letter, pay stub, contract, or other approved method of verification by the probation services agency or the Department of Corrections.
A defendant's probation officer shall verify employmentuse through supporting documentation, which may include any record, employer letter, pay stub, contract, or other approved method of verification by the probation services agency or the Department of Corrections.
A defendant's probation officer shall verify the education and vocation complianceSor completion through supporting documentation, which may include any record, facilitator or progr8m agency or Department of Corrections.
A defendant's probation officer shall verify the education and vocation compliance or completion through supporting documentation, which may include any record, facilitator or program letter, report card, progress report, or other approved method of verification by the probation services agency or Department of Corrections.
A defendant's probation officer shall verify the mental health ores substance abuse treatment program compliance or completion through supporting documentation, which may include any record, facilitator or program letter, progress report, sign-in sheet, or other approved method of verification by the probation services agency or the Department of Corrections.
A defendant's probation officer shall verify the mental health or substance abuse treatment program compliance or completion through supporting documentation, which method of verification by the probation services agency or the Department of Corrections.
A decision by the defendant's probation officer regarding the qualification of any educational activity, employment, or treatment program described in subsection B is final.
A decision byd the defendant's probation officer regarding the qualification of any educational activity, employment, or of 2 treatment program described in subsection B is final.
SB80S3 2 of 2 When the accumulation of time served on probation and any earned reduction is equal to the imposed supervised probation term, and the defendant has satisfied all nonmonetary conditions of his supervised probation, including any court-ordered programming or community service hours, the probation officer shall notify the court of the defendant's reduction in his probation term under this subsection.
When the accumulation of time served on probation and any earned reduction is equal to the imposed supervised probation term, and the defendant has satisfied all nonmonetary conditions of his supervised probation, including any court-ordered programming or community service hours, the probation officer shall notify the court of the defendant's reduction in his probation term under this subsection.
View plain text versions (6)

Action History

  1. Requires 2/3 members present

  2. Passed in enrolled form rejected (20-Y 19-N)

  3. Vetoed by Governor

  4. Governor's Action Deadline 11:59 p.m., April 8, 2024

  5. Enrolled Bill Communicated to Governor on March 27, 2024

  6. Signed by Speaker

  7. Signed by President

  8. Bill text as passed Senate and House (SB80ER)

  9. Enrolled

  10. Impact statement from DPB (SB80S3)

  11. VOTE: Adoption (53-Y 43-N)

  12. Conference report agreed to by House (53-Y 43-N)

  13. Conference report agreed to by Senate (26-Y 14-N)

  14. Conference substitute printed 24109071D-S3

  15. Amended by conference committee

  16. Delegates: Carr, Willett, Wyatt

  17. Conferees appointed by House

  18. Delegates: Carr, Willet, Wyatt

  19. Conferees appointed by House

  20. Senators: Favola, Williams Graves, McDougle

  21. Conferees appointed by Senate

  22. Senate acceded to request (40-Y 0-N)

  23. House requested conference committee

  24. House insisted on substitute

  25. House substitute rejected by Senate (0-Y 40-N)

  26. VOTE: Passage (56-Y 40-N)

  27. Passed House with substitute (56-Y 40-N)

  28. Engrossed by House - committee substitute SB80H1

  29. Committee substitute agreed to 24108394D-H1

  30. Read third time

  31. Impact statement from DPB (SB80H1)

  32. Read second time

  33. Committee substitute printed 24108394D-H1

  34. Reported from Appropriations with substitute (22-Y 0-N)

  35. House committee, floor amendments and substitutes offered

  36. Referred to Committee on Appropriations

  37. Reported from Rules (16-Y 0-N)

  38. Subcommittee recommends referring to Committee on Appropriations

  39. Subcommittee recommends reporting (6-Y 0-N)

  40. Assigned Rules sub: Studies Subcommittee

  41. Referred to Committee on Rules

  42. Read first time

  43. Placed on Calendar

  44. Passed Senate (40-Y 0-N)

  45. Constitutional reading dispensed (40-Y 0-N)

  46. Engrossed by Senate - committee substitute SB80S2

  47. Committee substitute agreed to 24107384D-S2

  48. Reading of substitute waived

  49. Committee substitute rejected 24106458D-S1

  50. Read second time

  51. Constitutional reading dispensed (40-Y 0-N)

  52. Impact statement from DPB (SB80S2)

  53. Committee substitute printed 24107384D-S2

  54. Reported from Finance and Appropriations with substitute (15-Y 0-N)

  55. Impact statement from DPB (SB80S1)

  56. Rereferred to Finance and Appropriations

  57. Committee substitute printed 24106458D-S1

  58. Reported from Rehabilitation and Social Services with substitute (15-Y 0-N)

  59. Senate committee, floor amendments and substitutes offered

  60. Referred to Committee on Rehabilitation and Social Services

  61. Prefiled and ordered printed; offered 01/10/24 24104289D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 146 not signed on · 83 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 20 Yea · 19 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 201901
Total 201901
% of votes cast 50%48%0%3%
How each member voted (40)

Official roll call →

Passed 52 Yea · 43 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 524304
Total 524304
% of votes cast 53%43%0%4%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Nay
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Not Voting
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Nay
Eric Phillips — Nay
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Nay
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Nay
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Nay
Thomas A. Garrett, Jr. — Not Voting
Thomas C. Wright, Jr. — Not Voting
Timothy P. Griffin — Not Voting
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Passed 26 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 261400
Total 261400
% of votes cast 65%35%0%0%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Failed 0 Yea · 40 Nay
Party YeaNayPresentNot Voting
Unaffiliated 04000
Total 04000
% of votes cast 0%100%0%0%
How each member voted (40)

Official roll call →

VOTE: Passage (56-Y 40-N)

Passed 55 Yea · 40 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 554004
Total 554004
% of votes cast 56%40%0%4%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Nay
Arnold, Jonathan, E. P. — Not Voting
Atoosa R. Reaser — Yea
Batten, Amanda E. — Nay
Betsy B. Carr — Yea
Bill Wiley — Nay
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Nay
Ennis, N. Baxter — Yea
Eric Phillips — Nay
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Nay
Green, W. Chad — Nay
H. Otto Wachsmann, Jr. — Nay
Higgins, Geary — Not Voting
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Nay
Knight, Barry D. — Nay
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Nay
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
Marty Martinez — Not Voting
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mike A. Cherry — Nay
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Nay
Orrock, Robert D., Sr. — Nay
Owen, David — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Nay
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Nay
Terry G. Kilgore — Nay
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Not Voting
Thomas C. Wright, Jr. — Nay
Timothy P. Griffin — Nay
Tony O. Wilt — Nay
Vivian E. Watts — Yea
Wendell S. Walker — Nay
Will Davis — Nay
Wren M. Williams — Nay

Official roll call →

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 22000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)

Official roll call →

Reported from Rules (16-Y 0-N)

Passed 16 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Total 16002
% of votes cast 89%0%0%11%
How each member voted (18)
Member Party Vote
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Don Scott — Yea
Gilbert, C. Todd — Not Voting
Israel D. O'Quinn — Yea
Jeion A. Ward — Not Voting
Kathy K.L. Tran — Yea
Luke E. Torian — Yea
Marcus B. Simon — Yea
Michael J. Webert — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Vivian E. Watts — Yea

Official roll call →

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 80 do?
Decreasing probation period; criteria for mandatory reduction; report. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing qualifying educational activities, maintaining verifiable employment, and complying with or completing any state-certified or state-approved mental health or substance abuse treatment program. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct and in the interests of justice and may do so without a hearing. The bill also directs the Department of Corrections to meet with relevant stakeholders and provide to the General Assembly by November 1, 2024, a report regarding certain probation practices. The provisions of the bill, other than the requirement that the Department submit a report to the General Assembly, are subject to reenactment by the 2025 Session of the General Assembly. This bill is identical to HB 457.
Who sponsors SB 80?
SB 80 is sponsored by Barbara A. Favola and Jennifer B. Boysko.
What is the current status of SB 80?
This bill has been enacted into law. Introduced December 31, 2023. Enacted.
Where can I track SB 80?
Track SB 80 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 80

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of SB 80

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →