SB136 • 2026

Probation; decreasing period.

An Act to amend and reenact § 19.2-304 of the Code of Virginia, relating to decreasing probation period.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Craig
Last action: 2026-04-06
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details on recidivism rates or effectiveness, which are mentioned in the candidate explanation.

Reducing Probation Time

This act allows courts to reduce a person's probation period if they show good behavior or complete certain activities.

What This Bill Does

Allows the court to decrease a defendant's probation period based on their conduct upon receiving a request from the Department of Corrections.
Requires the Department of Corrections to ask the court to terminate supervised probation after one year for defendants who follow all rules and pose minimal risk to the community.

Who It Names or Affects

People on probation
Courts handling probation cases
Department of Corrections

Terms To Know

Probation: A period after a criminal sentence where the person must follow certain rules set by the court.
Supervised Probation: Probation that is closely monitored by a probation officer or agency.

Limits and Unknowns

Does not apply to people sentenced to at least three years of supervised probation under specific laws.
The effectiveness and impact on recidivism rates are unknown.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB136AS1

2026-01-20 • Committee

Courts of Justice Amendment

Plain English: The amendment changes the language in § 19.2-304 of Virginia's Code to allow for more flexibility in reducing probation periods.

Removes 'subsequently' after 'may' when fixing a probation period.
Adds 'upon such' before 'hearing' and allows for changes without requiring a hearing at any time.
Inserts 'such a decrease is' after 'if', clarifying conditions under which the probation period can be reduced.

The exact circumstances under which probation periods may be decreased are not fully detailed in this amendment text.

SB136ASC1

2026-01-21 • Committee

Courts of Justice Amendment

Plain English: The amendment changes how judges can adjust probation periods for people who have been convicted of crimes.

Removes the phrase 'After fixing the probation period' and replaces it with nothing, making the sentence start directly after 'the'.
Removes the word 'subsequently' to make the process clearer.
Replaces 'without' with 'upon such', allowing for more specific conditions under which a probation period can be changed.
Adds ', or at any time without requiring a hearing,' to allow judges to change probation periods at any point, not just after a hearing.

The amendment text does not fully explain the exact circumstances under which probation periods can be decreased, leaving some details unclear.

Bill History

2026-04-06 Governor
Approved by Governor-Chapter 77 (effective 7/1/2026)
2026-04-06 Governor
Approved by Governor-Chapter 77 (effective 7/1/2026)
2026-04-06 Governor
Acts of Assembly Chapter text (CHAP0077)
2026-03-10 Senate
Enrolled Bill communicated to Governor on March 10, 2026
2026-03-10 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-02 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB136)
2026-02-27 House
Signed by Speaker
2026-02-27 Senate
Signed by President
2026-02-27 Senate
Enrolled
2026-02-27 Senate
Bill text as passed Senate and House (SB136ER)
2026-02-25 Senate
House substitute agreed to by Senate (32-Y 8-N 0-A)
2026-02-23 House
Read third time
2026-02-23 House
committee substitute agreed to
2026-02-23 House
Engrossed by House - committee substitute
2026-02-23 House
Passed House with substitute (82-Y 15-N 0-A)
2026-02-20 House
Read second time
2026-02-19 Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (SB136)
2026-02-18 Courts of Justice
Reported from Courts of Justice with substitute (19-Y 3-N)
2026-02-18 Courts of Justice
Committee substitute printed 26108199D-H1
2026-02-05 House
Placed on Calendar
2026-02-05 House
Read first time
2026-02-05 Courts of Justice
Referred to Committee for Courts of Justice
2026-02-02 Senate
Read third time and passed Senate (31-Y 9-N 0-A)
2026-02-02 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB136)
2026-01-30 Senate
Read second time
2026-01-30 Senate
Read second time
2026-01-30 Senate
Engrossed by Senate as amended
2026-01-30 Courts of Justice
Courts of Justice Amendment agreed to
2026-01-30 Senate
Engrossed by Senate (Voice Vote)
2026-01-29 Senate
Rules suspended
2026-01-29 Senate
Passed by for the day
2026-01-29 Senate
Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
2026-01-29 Senate
Passed by for the day Block Vote (Voice Vote)
2026-01-28 Finance and Appropriations
Reported from Finance and Appropriations (10-Y 2-N)
2026-01-22 Courts of Justice
Fiscal Impact Statement from Department of Planning and Budget (SB136)
2026-01-21 Courts of Justice
Courts of Justice Amendment
2026-01-19 Courts of Justice
Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (13-Y 2-N)
2026-01-19 Senate
Senate committee offered
2026-01-06 Senate
Prefiled and ordered printed; Offered 01-14-2026 26102589D
2026-01-06 Courts of Justice
Referred to Committee for Courts of Justice

Official Summary Text

Decreasing probation period.
Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing educational activities, maintaining employment, completing treatment, or obtaining housing. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct upon receipt of a request from the Department of Corrections and requires the Department of Corrections to request termination of a defendant's supervised probation period after 12 months in certain situations. This bill is identical to HB 149.

Current Bill Text

Read the full stored bill text

An Act to amend and reenact §
19.2-304
of the Code of Virginia, relating to decreasing probation period.
Be it enacted by the General Assembly of Virginia:
1. That §
19.2-304
of the Code of Virginia is amended and reenacted as follows:
§
19.2-304
. Increasing or decreasing probation period and modification of conditions.
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.
After fixing the probation period, the court may subsequently decrease the probation period without a hearing if warranted by the defendant's conduct upon receipt of a request from the Department of Corrections pursuant to subsection B.
B. Termination of the defendant's supervised probation period shall serve as a case management tool to encourage and reward successful behavior and positive adjustment, which may include (i) maintaining employment, (ii) completing an educational development activity or vocational training, (iii) securing housing, or (iv) completing a treatment program. Unless ordered by a court or otherwise prohibited by law, when a defendant is placed on supervised probation for more than one year, the Department of Corrections shall submit a request to the court for termination of such supervised probation after 12 months if the Department:
1. Deems the defendant compliant with all court-ordered conditions, subject to the provisions of subsection C of §
19.2-305
and §
19.2-305.1
; and
2. Determines that the defendant has demonstrated adherence to his individualized case plan and poses minimal risk to the community.
C. The provisions of this section shall not apply to any person sentenced (i) to a mandatory period of at least three years of supervised probation pursuant to §
19.2-303
or (ii) pursuant to §
19.2-303.3
and subject to supervised probation by a local community-based probation services agency established pursuant to Article 9 (§
9.1-173
et seq.) of Chapter 1 of Title 9.1.
D. Nothing in this section shall be construed to limit the court's ability to reduce a defendant's period of probation or discharge such defendant from probation under any other provision of law.
E. The Department of Corrections shall make reasonable efforts to notify the victim, as defined in subsection B of §
19.2-11.01
, of a defendant's termination from supervised probation pursuant to this section.