Virginia Code

Va. Code Ann. § 19.2-306.1 (2026)

Limitation on sentence upon revocation of suspension of sentence; exceptions

✓ current as of May 2026

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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: Word v. Commonwealth, 586 S.E.2d 282 (Va. Ct. App. 2003).

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Word v. Commonwealth, 586 S.E.2d 282 (Va. Ct. App. 2003). · cites it 4× “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.”

Steven Wayne Shifflett v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 258× “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 (Va. Ct. App. 2024). · cites it 185× “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 (Va. Ct. App. 2025). · cites it 156× “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.”

Jessie Lee Green v. Commonwealth of Virginia (Va. Ct. App. 2022). · cites it 149× “The newly enacted Code § 19.2-306.1 limits the period of active incarceration that a circuit court can impose for what the statute refers to as certain “technical violations” enumerated under the new statute.”

Commonwealth v. Delaune (Va. 2023). · cites it 122× “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…”

Rasheem Watts v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 111× “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…”

James Frederick Browne v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 104× “1, which became effective on July 1, 2021, do not apply in Browne’s case because some of the probation violations were committed before July 1, 2021.5 However, during the November 2021 revocation hearing, the Commonwealth agreed to proceed under Code § 19.”

Michael Anthony Sherman v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 104× “” Assuming without deciding that Code § 19.2-306.1 applied to Sherman’s revocation proceedings, we hold that Sherman committed a non-technical violation for which the circuit court had the authority to impose the balance of his previously suspended sentence.”

Steve Wayne Shifflett v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 98× “2-306(C) and newly enacted Code § 19.2-306.1 to the proceedings.1 Shifflett conceded that he had violated the terms of his probation as Moss had reported but argued that the circuit court could not impose an active sentence.”

Rashid Abdul Jalal v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 92× “The circuit court did not violate Code § 19.2-306.1. “Whether to revoke a suspended sentence ‘lies in the discretion of the trial court’ and will not be reversed absent an abuse of that discretion.”

Show all 209 citing cases →

— Va. Code Ann. § 19.2-306.1(A) — 57 cases

Steven Wayne Shifflett v. Commonwealth of Virginia (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 (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.”

Rashid Abdul Jalal v. Commonwealth of Virginia (Va. Ct. App. 2025). “The circuit court did not violate Code § 19.2-306.1. “Whether to revoke a suspended sentence ‘lies in the discretion of the trial court’ and will not be reversed absent an abuse of that discretion.”

Steve Wayne Shifflett v. Commonwealth of Virginia (Va. Ct. App. 2023). “2-306(C) and newly enacted Code § 19.2-306.1 to the proceedings.1 Shifflett conceded that he had violated the terms of his probation as Moss had reported but argued that the circuit court could not impose an active sentence.”

Rasheem Watts v. Commonwealth of Virginia (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)(i) — 2 cases

James Frederick Browne v. Commonwealth of Virginia (Va. Ct. App. 2023). “1, which became effective on July 1, 2021, do not apply in Browne’s case because some of the probation violations were committed before July 1, 2021.5 However, during the November 2021 revocation hearing, the Commonwealth agreed to proceed under Code § 19.”

— Va. Code Ann. § 19.2-306.1(A)(ii) — 1 case

Kyle A. Burks, Sometimes Known as Kyle Andrew Burks v. Commonwealth of Virginia (Va. Ct. App. 2026).

— Va. Code Ann. § 19.2-306.1(A)(iii) — 3 cases

Brian Craig Henthorne, s/k/a Brian Henthorn (Va. Ct. App. 2022).

Donnie Justin White v. Commonwealth of Virginia (Va. Ct. App. 2025).

Martin Monroe v. Commonwealth of Virginia (Va. Ct. App. 2026).

— Va. Code Ann. § 19.2-306.1(A)(iv) — 1 case

— Va. Code Ann. § 19.2-306.1(A)(ix) — 1 case

Samuel Adam Heatherly v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 19.2-306.1(A)(v) — 27 cases

Kevin Jeron Bland v. Commonwealth of Virginia (Va. Ct. App. 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

Michael Anthony Sherman v. Commonwealth of Virginia (Va. Ct. App. 2023). “” Assuming without deciding that Code § 19.2-306.1 applied to Sherman’s revocation proceedings, we hold that Sherman committed a non-technical violation for which the circuit court had the authority to impose the balance of his previously suspended sentence.”

Calvin Wayne Thomas v. Commonwealth of Virginia (Va. Ct. App. 2023).

Commonwealth v. Delaune (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(A)(vii) — 13 cases

Calvin Wayne Thomas v. Commonwealth of Virginia (Va. Ct. App. 2023).

Emily Katherine Delaune v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 19.2-306.1(A)(viii) — 1 case

Defonties Mandele Anderson v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 19.2-306.1(A)(x) — 7 cases

Martin Monroe v. Commonwealth of Virginia (Va. Ct. App. 2026).

Brian Craig Henthorne, s/k/a Brian Henthorn (Va. Ct. App. 2022).

Douglas Delano Adams v. Commonwealth of Virginia (Va. Ct. App. 2025).

Ricky Lee Motley v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 19.2-306.1(B) — 126 cases

Donnie Justin White v. Commonwealth of Virginia (Va. Ct. App. 2025).

David Andrew Ash v. Commonwealth of Virginia (Va. Ct. App. 2024).

Keith Edward Lucas, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 19.2-306.1(B)(ii) — 1 case

David Andrew Ash v. Commonwealth of Virginia (Va. Ct. App. 2024).

— Va. Code Ann. § 19.2-306.1(C) — 67 cases

Fredrick Hamilton Cosby, s/k/a Fredrick H. Cosby, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024).

Kevin Jeron Bland v. Commonwealth of Virginia (Va. Ct. App. 2026).

— Va. Code Ann. § 19.2-306.1(D) — 6 cases

Jessie Lee Green v. Commonwealth of Virginia (Va. Ct. App. 2022). “The newly enacted Code § 19.2-306.1 limits the period of active incarceration that a circuit court can impose for what the statute refers to as certain “technical violations” enumerated under the new statute.”

Raymond Frederick Goss v. Commonwealth of Virginia (Va. Ct. App. 2024).

Devinceo Dontre Heart v. Commonwealth of Virginia (Va. Ct. App. 2022).

— Va. Code Ann. § 19.2-306.1(v) — 1 case

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