A. The court may subsequently increase 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.
Code 1950, § 53-273; 1974, c. 205; 1975, c. 495; 2026, cc. 76, 77.
Notes of Decisions
Cited in
39
cases (
14 in the last 5 years), 1982–2026 · leading case:
Reinke v. Commonwealth, 657 S.E.2d 805 (Va. Ct. App. 2008).
Reinke v. Commonwealth, 657 S.E.2d 805 (Va. Ct. App. 2008).
· cites it 14× “ANALYSIS Appellant claims this Court’s determination that the trial court “has the authority to fix reasonable terms and conditions for the suspension of execution of a sentence” is “clearfiy]” a “determin[ation] that the ‘restitution’ Order is, in essence, a condition of…”
McFarland v. Commonwealth, 574 S.E.2d 311 (Va. Ct. App. 2002).
· cites it 16× “On appeal, he contends the trial court erroneously concluded it lacked jurisdiction pursuant to Code § 19.2-304 to take the requested action.”
Mohamed v. Commonwealth, 691 S.E.2d 513 (Va. Ct. App. 2010).
· cites it 4× “The second time Mohamed violated this condition, the trial court modified the terms of Mohamed’s probation pursuant to Code § 19.2-304 3 and ordered that his “probation be extended indefinitely or until the restitution due in this case is paid in full[.”
Hunter v. Commonwealth, 695 S.E.2d 567 (Va. Ct. App. 2010).
· cites it 2× “, Code § 19.2-304 (permitting trial court to “subsequently increase or decrease the probation period and may revoke or modify any condition of probation”).”
Grant v. Commonwealth, 292 S.E.2d 348 (Va. 1982).
· cites it 2× “) Section 19.2-304 deals with probation only and permits the court to increase or decrease the period of probation or modify any condition of probation.”
Townes v. Jarvis, 577 F.3d 543 (4th Cir. 2009).
“, Va.Code Ann. § 19.2-304. [7] Townes may understandably want an advisory opinion which he believes would assist him in obtaining the ultimate relief he wants, but that would be true of any number of litigants in federal court, and we simply are not empowered to issue such…”
Rivas v. Commonwealth, 659 S.E.2d 524 (Va. Ct. App. 2008).
· cites it 2× “Pursuant to Code § 19.2-304, for example, a court, upon proper notice and hearing, may “revoke or modify any condition of probation.”
Cilwa v. Commonwealth, 298 Va. 259 (2019).
· cites it 16× “She draws this conclusion by reasoning that Code § 19.2-304 only allows a court to extend a probation period before that period expires and that Code § 19.”
Danny Angelo Massey v. Commonwealth of Virginia, No. 1670171 (Va. Ct. App. Mar. 5, 2019).
· cites it 18× “Citing several probation statutes, including Code § 19.2-304, Massey maintained that only the circuit court had the “right to set the terms of probation” and the authority “to change and modify probation” conditions.”
Hannah v. Commonwealth, 899 S.E.2d 621 (Va. 2024).
· cites it 4× “Appellant Cilwa argued that Code § 19.2-304 contained an implied time limitation which if violated would deprive a court of subject matter jurisdiction to hear the case.”
Lanikki Korean Edwards v. Commonwealth of Virginia, No. 0043173 (Va. Ct. App. Apr. 17, 2018).
· cites it 11× “Analysis On appeal, Edwards contends that because the April 7, 2014 order abating her probation “effectively increased” her probationary period, she was entitled to notice and a hearing pursuant to Code § 19.”
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