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19.2-295.2:1 - Postrelease supervision of felons sentenced for certain offenses committed on or after July 1, 200...

§ 19.2-295.2:1. Postrelease supervision of felons sentenced for certainoffenses committed on or after July 1, 2006.

A. For offenses committed on or after July 1, 2006:

1. At the time the court imposes a sentence upon a conviction for a firstviolation of subsection A of § 18.2-472.1 the court shall impose an addedterm of postrelease supervision of six months.

2. For a second or subsequent violation of subsection A of § 18.2-472.1 whenboth violations occurred after July 1, 2006, or a first violation ofsubsection B of § 18.2-472.1, the court shall impose an added term ofpostrelease supervision by the Department of Corrections of two years.

3. For a second or subsequent violation of subsection B of § 18.2-472.1 whenboth violations occurred after July 1, 2006, the court shall impose an addedterm of postrelease supervision by the Department of Corrections of fiveyears.

Any terms of postrelease supervision imposed pursuant to this section shallbe in addition to any other punishment imposed, including any periods ofactive incarceration or suspended periods of incarceration, if any.

B. The court shall order that any term of postrelease supervision imposedpursuant to this section be suspended, and the defendant be placed on activesupervision under a postrelease supervision program operated by theDepartment of Corrections. The court shall order that the defendant besubject to electronic monitoring by means of a GPS (Global PositioningSystem) tracking device, or other similar device during this period ofpostrelease supervision. Failure to successfully abide by the terms andconditions of the postrelease supervision program shall be grounds toterminate the period of postrelease supervision and recommit the defendant tothe Department of Corrections or to a local correctional facility. Proceduresfor any such termination shall be conducted after a hearing in the courtwhich originally sentenced the defendant, conducted in a manner consistentwith a revocation hearing under § 19.2-306, mutatis mutandis.

C. Nothing in this section shall be construed to prohibit the court fromexercising any authority otherwise granted by law.

(2006, cc. 857, 914.)

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