Virginia Code
Va. Code Ann. § 19.2-306.1 (2026)
Limitation on sentence upon revocation of suspension of sentence; exceptions
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A. For the purposes of this section, "technical violation" means a violation based on the probationer's failure to (i) report any arrest, including traffic tickets, within three days to the probation officer; (ii) maintain regular employment or notify the probation officer of any changes in employment; (iii) report within three days of release from incarceration; (iv) permit the probation officer to visit his home and place of employment; (v) follow the instructions of the probation officer, be truthful and cooperative, and report as instructed; (vi) refrain from the use of alcoholic beverages to the extent that it disrupts or interferes with his employment or orderly conduct; (vii) refrain from the use, possession, or distribution of controlled substances or related paraphernalia; (viii) refrain from the use, ownership, possession, or transportation of a firearm; (ix) gain permission to change his residence or remain in the Commonwealth or other designated area without permission of the probation officer; or (x) maintain contact with the probation officer whereby his whereabouts are no longer known to the probation officer. Multiple technical violations arising from a single course of conduct or a single incident or considered at the same revocation hearing shall not be considered separate technical violations for the purposes of sentencing pursuant to this section.
B. If the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense that was committed after the date of the suspension, or has violated another condition other than (i) a technical violation or (ii) a good conduct violation that did not result in a criminal conviction, then the court may revoke the suspension and impose or resuspend any or all of that period previously suspended.
C. The court shall not impose a sentence of a term of active incarceration upon a first technical violation of the terms and conditions of a suspended sentence or probation, and there shall be a presumption against imposing a sentence of a term of active incarceration for any second technical violation of the terms and conditions of a suspended sentence or probation. However, if the court finds, by a preponderance of the evidence, that the defendant committed a second technical violation and he cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than 14 days of active incarceration for a second technical violation. The court may impose whatever sentence might have been originally imposed for a third or subsequent technical violation. For the purposes of this subsection, a first technical violation based on clause (viii) or (x) of subsection A shall be considered a second technical violation, and any subsequent technical violation also based on clause (viii) or (x) of subsection A shall be considered a third or subsequent technical violation.
D. The limitations on sentencing in this section shall not apply to the extent that an additional term of incarceration is necessary to allow a defendant to be evaluated for or to participate in a court-ordered drug, alcohol, or mental health treatment program. In such case, the court shall order the shortest term of incarceration possible to achieve the required evaluation or participation.
2021, Sp. Sess. I, c. 538.
Notes of Decisions
Cited in 209
cases (208 in the last 5 years), 2003–2026 · leading case: Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024).
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
Rasheem Watts v. Commonwealth of Virginia, 907 S.E.2d 507 (Va. Ct. App. 2024). “By counsel, Watts stipulated to his commission of the alleged violations of Conditions 4 and 6 and noted that the alleged violations were not special condition violations but were technical violations under Code § 19.2-306.1. The circuit court responded, “Correct.”
Commonwealth v. Delaune, 76 Va. App. 372 (Va. 2023). “CHAFIN DECEMBER 14, 2023 EMILY KATHERINE DELAUNE FROM THE COURT OF APPEALS OF VIRGINIA This case centers on the application and interpretation of Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a…”
Word v. Commonwealth, 586 S.E.2d 282 (Va. Ct. App. 2003). “for intractable behavior, or failed to comply with the terms and conditions of probation, the court may revoke all or part of the probation and suspended sentence.”
Jaron Devontae Nottingham v. Commonwealth of Virginia, 884 S.E.2d 254 (Va. Ct. App. 2023). “He alleges that the trial court exceeded its statutory authority to revoke his sentences because the instant violations were his first “technical violations” under Code § 19.2-306.1. Consequently, he contends that the trial court erred by “implicitly” refusing to apply Code § 19.”
Fredrick Hamilton Cosby v. Commonwealth of Virginia, 904 S.E.2d 231 (Va. Ct. App. 2024). “-6- is that probation violation a ‘technical violation’ under Va. Code § 19.2-306.1?”8 Answering in the negative, appellant asserts the trial court erred in finding him guilty of a third or subsequent technical violation where the record established only one prior instance of…”
Devinceo Dontre Heart v. Commonwealth of Virginia, 877 S.E.2d 522 (Va. Ct. App. 2022). “This case requires us to interpret Code § 19.2-306.1 and determine whether its penalty provisions for a “third or subsequent technical violation” apply when a defendant commits a third violation—technical in nature—after two earlier non-technical violations.”
Kevin Jeron Bland v. Commonwealth of Virginia, No. 2061232 (Va. Ct. App. Dec. 30, 2025). “We begin with whether Bland’s violations were properly classified, for if they constitute only a first technical violation under Code § 19.2-306.1, the statute categorically excludes any term of active incarceration.”
Stacy Lamar Ellis v. Commonwealth of Virginia, 914 S.E.2d 615 (Va. Ct. App. 2025). “, conditions that are not “technical” under Code § 19.2-306.1. But, notwithstanding this permissible delegation of supervisory authority, a court may not rely upon probation officers to independently impose “special conditions.”
Edgar Alexander Diaz-Urrutia v. Commonwealth of Virginia, 884 S.E.2d 839 (Va. Ct. App. 2023). “Diaz-Urrutia contends that his violation of a no-contact condition of his suspended sentence was a good conduct violation that did not result in a criminal conviction and that, accordingly, Code § 19.2-306.1 prohibited the circuit court from imposing any period of active…”
Rasheem Watts v. Commonwealth of Virginia, No. 1132221 (Va. Ct. App. Mar. 19, 2024). “Watts contends that the circuit court erred in ruling that his failure to follow the probation officer’s “special instructions” for gang members was not a technical violation of probation under Code § 19.2-306.1. Watts also contends that the circuit court erred in failing to…”
Rasheem Watts v. Commonwealth of Virginia, 907 S.E.2d 494 (Va. Ct. App. 2024). “Watts contends that the circuit court erred in ruling that his failure to follow the probation officer’s “special instructions” for gang members was not a technical violation of probation under Code § 19.2-306.1. Watts also contends that the circuit court erred in failing to…”
Va. Code Ann. § 19.2-306.1(A): 57 cases
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
Rasheem Watts v. Commonwealth of Virginia, 907 S.E.2d 507 (Va. Ct. App. 2024). “By counsel, Watts stipulated to his commission of the alleged violations of Conditions 4 and 6 and noted that the alleged violations were not special condition violations but were technical violations under Code § 19.2-306.1. The circuit court responded, “Correct.”
Stacy Lamar Ellis v. Commonwealth of Virginia, 914 S.E.2d 615 (Va. Ct. App. 2025). “, conditions that are not “technical” under Code § 19.2-306.1. But, notwithstanding this permissible delegation of supervisory authority, a court may not rely upon probation officers to independently impose “special conditions.”
Commonwealth v. Delaune, 76 Va. App. 372 (Va. 2023). “CHAFIN DECEMBER 14, 2023 EMILY KATHERINE DELAUNE FROM THE COURT OF APPEALS OF VIRGINIA This case centers on the application and interpretation of Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a…”
Rashid Abdul Jalal v. Commonwealth of Virginia, No. 0060242 (Va. Ct. App. Apr. 8, 2025).
Va. Code Ann. § 19.2-306.1(A)(i): 2 cases
James Frederick Browne v. Commonwealth of Virginia, No. 1373214 (Va. Ct. App. Apr. 11, 2023).
Rashid Abdul Jalal v. Commonwealth of Virginia, No. 0060242 (Va. Ct. App. Apr. 8, 2025).
Va. Code Ann. § 19.2-306.1(A)(ii): 1 case
Kyle A. Burks v. Commonwealth of Virginia, No. 0254254 (Va. Ct. App. Mar. 31, 2026).
Va. Code Ann. § 19.2-306.1(A)(iii): 3 cases
Brian Craig Henthorne, s/k/a Brian Henthorn, No. 0163223 (Va. Ct. App. Nov. 22, 2022).
Donnie Justin White v. Commonwealth of Virginia, No. 1307244 (Va. Ct. App. July 1, 2025).
Martin Monroe v. Commonwealth of Virginia, 928 S.E.2d 566 (Va. Ct. App. 2026).
Va. Code Ann. § 19.2-306.1(A)(iv): 1 case
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
Va. Code Ann. § 19.2-306.1(A)(ix): 1 case
Samuel Adam Heatherly v. Commonwealth of Virginia, No. 0933243 (Va. Ct. App. Oct. 7, 2025).
Va. Code Ann. § 19.2-306.1(A)(v): 27 cases
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
Rasheem Watts v. Commonwealth of Virginia, 907 S.E.2d 507 (Va. Ct. App. 2024). “By counsel, Watts stipulated to his commission of the alleged violations of Conditions 4 and 6 and noted that the alleged violations were not special condition violations but were technical violations under Code § 19.2-306.1. The circuit court responded, “Correct.”
Steve Wayne Shifflett v. Commonwealth of Virginia, No. 0675222 (Va. Ct. App. Oct. 10, 2023).
Rashid Abdul Jalal v. Commonwealth of Virginia, No. 0060242 (Va. Ct. App. Apr. 8, 2025).
Kevin Jeron Bland v. Commonwealth of Virginia, No. 2061232 (Va. Ct. App. Dec. 30, 2025). “We begin with whether Bland’s violations were properly classified, for if they constitute only a first technical violation under Code § 19.2-306.1, the statute categorically excludes any term of active incarceration.”
Va. Code Ann. § 19.2-306.1(A)(vi): 6 cases
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
Michael Anthony Sherman v. Commonwealth of Virginia, No. 1368224 (Va. Ct. App. Aug. 29, 2023).
Steve Wayne Shifflett v. Commonwealth of Virginia, No. 0675222 (Va. Ct. App. Oct. 10, 2023).
Commonwealth v. Delaune, 76 Va. App. 372 (Va. 2023). “CHAFIN DECEMBER 14, 2023 EMILY KATHERINE DELAUNE FROM THE COURT OF APPEALS OF VIRGINIA This case centers on the application and interpretation of Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a…”
Calvin Wayne Thomas v. Commonwealth of Virginia, 886 S.E.2d 772 (Va. Ct. App. 2023).
Va. Code Ann. § 19.2-306.1(A)(vii): 13 cases
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
Jaron Devontae Nottingham v. Commonwealth of Virginia, 884 S.E.2d 254 (Va. Ct. App. 2023). “He alleges that the trial court exceeded its statutory authority to revoke his sentences because the instant violations were his first “technical violations” under Code § 19.2-306.1. Consequently, he contends that the trial court erred by “implicitly” refusing to apply Code § 19.”
Commonwealth v. Delaune, 76 Va. App. 372 (Va. 2023). “CHAFIN DECEMBER 14, 2023 EMILY KATHERINE DELAUNE FROM THE COURT OF APPEALS OF VIRGINIA This case centers on the application and interpretation of Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a…”
Steve Wayne Shifflett v. Commonwealth of Virginia, No. 0675222 (Va. Ct. App. Oct. 10, 2023).
Calvin Wayne Thomas v. Commonwealth of Virginia, 886 S.E.2d 772 (Va. Ct. App. 2023).
Va. Code Ann. § 19.2-306.1(A)(viii): 1 case
Defonties Mandele Anderson v. Commonwealth of Virginia, No. 0660224 (Va. Ct. App. June 6, 2023).
Va. Code Ann. § 19.2-306.1(A)(x): 7 cases
Martin Monroe v. Commonwealth of Virginia, 928 S.E.2d 566 (Va. Ct. App. 2026).
Commonwealth v. Delaune, 76 Va. App. 372 (Va. 2023). “CHAFIN DECEMBER 14, 2023 EMILY KATHERINE DELAUNE FROM THE COURT OF APPEALS OF VIRGINIA This case centers on the application and interpretation of Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a…”
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
Brian Craig Henthorne, s/k/a Brian Henthorn, No. 0163223 (Va. Ct. App. Nov. 22, 2022).
Douglas Delano Adams v. Commonwealth of Virginia, No. 1699243 (Va. Ct. App. Sept. 23, 2025).
Va. Code Ann. § 19.2-306.1(B): 126 cases
Commonwealth v. Delaune, 76 Va. App. 372 (Va. 2023). “CHAFIN DECEMBER 14, 2023 EMILY KATHERINE DELAUNE FROM THE COURT OF APPEALS OF VIRGINIA This case centers on the application and interpretation of Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a…”
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
Donnie Justin White v. Commonwealth of Virginia, No. 1307244 (Va. Ct. App. July 1, 2025).
Michael Anthony Sherman v. Commonwealth of Virginia, No. 1368224 (Va. Ct. App. Aug. 29, 2023).
Edgar Alexander Diaz-Urrutia v. Commonwealth of Virginia, 884 S.E.2d 839 (Va. Ct. App. 2023). “Diaz-Urrutia contends that his violation of a no-contact condition of his suspended sentence was a good conduct violation that did not result in a criminal conviction and that, accordingly, Code § 19.2-306.1 prohibited the circuit court from imposing any period of active…”
Va. Code Ann. § 19.2-306.1(B)(ii): 1 case
David Andrew Ash v. Commonwealth of Virginia, No. 1742231 (Va. Ct. App. Dec. 30, 2024).
Va. Code Ann. § 19.2-306.1(C): 67 cases
Fredrick Hamilton Cosby v. Commonwealth of Virginia, 904 S.E.2d 231 (Va. Ct. App. 2024). “-6- is that probation violation a ‘technical violation’ under Va. Code § 19.2-306.1?”8 Answering in the negative, appellant asserts the trial court erred in finding him guilty of a third or subsequent technical violation where the record established only one prior instance of…”
Rasheem Watts v. Commonwealth of Virginia, 907 S.E.2d 507 (Va. Ct. App. 2024). “By counsel, Watts stipulated to his commission of the alleged violations of Conditions 4 and 6 and noted that the alleged violations were not special condition violations but were technical violations under Code § 19.2-306.1. The circuit court responded, “Correct.”
Kevin Jeron Bland v. Commonwealth of Virginia, No. 2061232 (Va. Ct. App. Dec. 30, 2025). “We begin with whether Bland’s violations were properly classified, for if they constitute only a first technical violation under Code § 19.2-306.1, the statute categorically excludes any term of active incarceration.”
Lawrence W. Nalls, III v. Commonwealth of Virginia, 896 S.E.2d 843 (Va. Ct. App. 2024).
Commonwealth v. Delaune, 76 Va. App. 372 (Va. 2023). “CHAFIN DECEMBER 14, 2023 EMILY KATHERINE DELAUNE FROM THE COURT OF APPEALS OF VIRGINIA This case centers on the application and interpretation of Code § 19.2-306.1, a statute enacted in 2021 that addresses the range of punishment a court may impose upon the revocation of a…”
Va. Code Ann. § 19.2-306.1(D): 6 cases
Devinceo Dontre Heart v. Commonwealth of Virginia, 877 S.E.2d 522 (Va. Ct. App. 2022). “This case requires us to interpret Code § 19.2-306.1 and determine whether its penalty provisions for a “third or subsequent technical violation” apply when a defendant commits a third violation—technical in nature—after two earlier non-technical violations.”
Jennifer May Matheson v. Commonwealth of Virginia, 921 S.E.2d 282 (Va. Ct. App. 2025).
Raymond Frederick Goss v. Commonwealth of Virginia, No. 1463234 (Va. Ct. App. July 16, 2024).
Raymond Frederick Goss v. Commonwealth of Virginia, No. 0425234 (Va. Ct. App. July 16, 2024).
Raymond Frederick Goss v. Commonwealth of Virginia, No. 0423234 (Va. Ct. App. July 16, 2024).
Va. Code Ann. § 19.2-306.1(v): 1 case
Steven Wayne Shifflett v. Commonwealth of Virginia, 903 S.E.2d 545 (Va. Ct. App. 2024). “Code § 19.2-306.1 limits the ability of a circuit court to impose active incarceration for “technical violations” of probation and does not limit the amount of active incarceration for violations of non-technical special conditions.”
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