Virginia law § 19.2-311 outlines the process for indeterminate commitment to the Department of Corrections, including case review, suitability assessment, and court oversight. It emphasizes evaluating the defendant's fitness for programs and the availability of facilities before sentencing. The law also addresses procedures if the defendant fails to complete the program, allowing for court hearings and potential sentencing adjustments.
It allows for a flexible sentencing process where the Department of Corrections assesses if a defendant is suitable for programs, with court oversight for appropriate sentencing.
The defendant is brought before the court, which can impose the original sentence, a reduced sentence, or other probation terms based on the circumstances.
No, Virginia Code § 19.2-312 has been repealed by Acts 1990, c. 701.
The Department of Corrections reviews the case concurrently with an evaluation, and then the court reviews the Department's findings before proceeding with sentencing.