Virginia Code § 19.2-316.4 outlines eligibility criteria for participation in community corrections programs for nonviolent felony offenders. It details the evaluation process, conditions for sentencing, and procedures for withdrawal or removal from the program, emphasizing the consideration of behavioral issues and risk assessments. The law aims to provide alternative sentencing options for suitable nonviolent offenders when traditional probation may not be effective.
Defendants convicted of nonviolent felonies who cannot be effectively managed through traditional probation or whose probation is at risk of revocation may be considered for the program.
Intractable behavior refers to conduct that shows an inmate's unwillingness or inability to follow program rules or behavior that disrupts the program's success.
Yes, upon motion by the defendant, the Commonwealth, or the court, a defendant can be referred for evaluation prior to sentencing or probation revocation.
Disruptive or intractable behavior may lead to removal from the community corrections program, depending on the severity and impact on other participants.