Va. Code » Title 19.2. Criminal Procedure » Chapter 18. Sentence; Judgment; Execution of Sentence » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 19.2-295.2 (2026)

Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000

✓ current as of May 2026
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A. At the time the court imposes sentence upon a conviction for any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, in addition to any other punishment imposed if such other punishment includes an active term of incarceration in a state or local correctional facility, except in cases in which the court orders a suspended term of confinement of at least six months, impose a term of incarceration, in addition to the active term, of not less than six months nor more than three years, as the court may determine. Such additional term shall be suspended and the defendant shall be ordered to be placed under probation pursuant to § 19.2-303 upon release from the active term of incarceration. The period of probation shall be established by the court; however, such period shall not be less than six months nor more than three years. Periods of probation imposed pursuant to this section upon more than one felony conviction may be ordered to run concurrently.

B. Failure to successfully complete the period of probation in accordance with this section shall be subject to revocation of such probation pursuant to §§ 19.2-306 and 19.2-306.1.

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

1994, Sp. Sess. II., cc. 1, 2; 1995, cc. 502, 574; 2000, c. 767; 2020, cc. 1115, 1116; 2025, c. 716.

Notes of Decisions
Cited in 49 cases (13 in the last 5 years), 1997–2026 · leading case: Alston v. Com., 652 S.E.2d 456 (Va. 2007).
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Alston v. Com., 652 S.E.2d 456 (Va. 2007). · cites it 64× “In addition to a term of active incarceration, the circuit court also imposed a three-year term of postrelease supervision as required by Code § 19.2-295.2. On appeal in the Court of Appeals, Alston challenged the term of postrelease supervision, which he contends violates his…”
Alston v. Commonwealth, 637 S.E.2d 344 (Va. Ct. App. 2006). · cites it 54× “The trial court sentenced appellant to serve the three years and added a three-year term of post-release supervision pursuant to Code § 19.2-295.2. Appellant appeals this sentence, arguing that the addition of post-release supervision violates his constitutional right to a jury,…”
Allard v. Commonwealth, 480 S.E.2d 139 (Va. Ct. App. 1997). · cites it 20× “See Code § 19.2-295.2. On appeal, appellant contends that the court improperly enlarged the sentence set by the jury in this case.”
Lamb v. Commonwealth, 577 S.E.2d 530 (Va. Ct. App. 2003). · cites it 21× “Franklin Roosevelt Lamb appeals an order revoking his probation, sentencing him to serve the remaining portion of his previously suspended sentence and imposing an additional two-year term of post-release supervision pursuant to Code § 19.2-295.2. Lamb does not contest the…”
Williams v. Com., 621 S.E.2d 98 (Va. 2005). · cites it 10× “This appeal involves the application of Code § 19.2-295.2, which provides in pertinent part as follows: A.”
Thomas v. Commonwealth, 819 S.E.2d 437 (Va. 2018). · cites it 19× “.. [the court] shall, in addition to any other punishment imposed if such other punishment includes an active term of incarceration in a state or local correctional facility, except in cases in which the court orders a suspended term of confinement of at least six months, impose…”
Boyd v. Commonwealth, 507 S.E.2d 107 (Va. Ct. App. 1998). · cites it 18× “Similarly, *541 Code § 19.2-295.2, and related provisions in Code § 18.”
Commonwealth of Virginia v. Rayshawn Torrell Greer, 760 S.E.2d 132 (Va. Ct. App. 2014). · cites it 4× “2d at 393-94 ; see also Code § 19.2-295.2 (providing circuit courts with the option of imposing an additional term of incarceration and then suspending it for purposes of enforcing post-release supervision); Allard v.”
Maxwell v. Com., 657 S.E.2d 499 (Va. 2008). · cites it 2× “The trial court imposed the sentences fixed by the jury and also imposed an additional one-year term suspended subject to post-release supervision pursuant to Code § 19.2-295.2. In an unpublished opinion, a three-judge panel of the Court of Appeals, with one judge dissenting,…”
Wright v. Commonwealth, 636 S.E.2d 489 (Va. Ct. App. 2006). · cites it 8× “2-295.2 and compliance with such other terms as the sentencing court may require” in felony cases involving “an active term of incarceration in a correctional facility.”
Wright v. Com., 655 S.E.2d 7 (Va. 2008). · cites it 3× “For felony offenses committed after July 1, 2000, for which the punishment includes an active term of incarceration in a correctional facility, except in cases when a circuit court orders a suspended term of confinement of at least six months, the provisions of Code § 18.2-10(g)…”
Miller v. Commonwealth, 492 S.E.2d 482 (Va. Ct. App. 1997). · cites it 3× “1, supervise and assist all persons within his territory placed on probation or post-release supervision pursuant to § 19.2-295.2, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include…”
Show all 49 citing cases →
Va. Code Ann. § 19.2-295.2(A): 18 cases
Alston v. Com., 652 S.E.2d 456 (Va. 2007). “In addition to a term of active incarceration, the circuit court also imposed a three-year term of postrelease supervision as required by Code § 19.2-295.2. On appeal in the Court of Appeals, Alston challenged the term of postrelease supervision, which he contends violates his…”
Alston v. Commonwealth, 637 S.E.2d 344 (Va. Ct. App. 2006). “The trial court sentenced appellant to serve the three years and added a three-year term of post-release supervision pursuant to Code § 19.2-295.2. Appellant appeals this sentence, arguing that the addition of post-release supervision violates his constitutional right to a jury,…”
Boyd v. Commonwealth, 507 S.E.2d 107 (Va. Ct. App. 1998). “Similarly, *541 Code § 19.2-295.2, and related provisions in Code § 18.”
Wright v. Com., 655 S.E.2d 7 (Va. 2008). “For felony offenses committed after July 1, 2000, for which the punishment includes an active term of incarceration in a correctional facility, except in cases when a circuit court orders a suspended term of confinement of at least six months, the provisions of Code § 18.2-10(g)…”
Lamb v. Commonwealth, 577 S.E.2d 530 (Va. Ct. App. 2003). “Franklin Roosevelt Lamb appeals an order revoking his probation, sentencing him to serve the remaining portion of his previously suspended sentence and imposing an additional two-year term of post-release supervision pursuant to Code § 19.2-295.2. Lamb does not contest the…”
Va. Code Ann. § 19.2-295.2(B): 3 cases
Thomas v. Commonwealth, 819 S.E.2d 437 (Va. 2018). “.. [the court] shall, in addition to any other punishment imposed if such other punishment includes an active term of incarceration in a state or local correctional facility, except in cases in which the court orders a suspended term of confinement of at least six months, impose…”
Daniel L. Rigdon v. Commonwealth of Virginia (Va. Ct. App. 2019).
Shahee Ali Akbar v. Commonwealth of Virginia (Va. Ct. App. 2010).
Va. Code Ann. § 19.2-295.2(C): 1 case
Laronn J. Ramsuer v. Commonwealth of Virginia (Va. Ct. App. 2017).
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