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

Va. Code Ann. § 19.2-306.2 (2026)

Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation

✓ current as of May 2026
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A. In any proceeding conducted pursuant to § 19.2-306 for revocation of suspension of sentence or probation imposed as a result of a felony conviction, the circuit court shall have presented to it a sentencing revocation report prepared on a form designated by the Virginia Criminal Sentencing Commission. Such form shall indicate the nature of the alleged violation or violations and, if the defendant is subject to supervised probation, the condition or conditions of probation that the defendant has allegedly violated. The sentencing revocation report shall be prepared by the supervising probation agency that initiated the request for the revocation hearing. If the defendant is not under active probation supervision or the supervising probation agency did not initiate the request for the revocation hearing, the sentencing revocation report shall be completed by an attorney for the Commonwealth.

B. For every proceeding conducted pursuant to § 19.2-306 in which the defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer, the court shall have presented to it the applicable discretionary probation violation guidelines pursuant to § 17.1-803.

1. The applicable discretionary probation violation guidelines shall be prepared by a state probation and parole officer on a form designated by the Virginia Criminal Sentencing Commission. If a party other than a probation and parole officer initiated the request for the revocation hearing, no probation violation guidelines are prepared and only the sentencing revocation report required by subsection A shall be submitted to the court.

2. The court shall review and consider the suitability of the applicable discretionary probation violation guidelines. Before imposing sentence, the court shall state for the record that such review and consideration have been accomplished and shall make the completed worksheets a part of the record of the case.

3. In any proceeding in which the court imposes a sentence that is either greater than or less than that indicated by the discretionary probation violation guidelines, the court shall provide a written explanation of such departure to be filed with the record of the case.

C. Within 30 days following the entry of a final order in a revocation proceeding, the clerk of the circuit court shall prepare and send to the Virginia Criminal Sentencing Commission a copy or copies of (i) the final order, (ii) the original sentencing revocation report, (iii) any applicable probation violation guideline worksheets prepared for such proceeding, and (iv) any written explanation regarding a departure from the probation violation guidelines pursuant to subsection B.

D. Failure to follow the provisions of this section or failure to follow these provisions in the prescribed manner shall not be reviewable on appeal and shall not be used for the basis of any other post-proceeding relief.

2022, cc. 569, 570.

Notes of Decisions
Cited in 21 cases (21 in the last 5 years), 2023–2026 · leading case: Keith Edward Lucas, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2023).
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Keith Edward Lucas, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 4× “Effective July 1, 2022, the General Assembly amended the statute to reference the newly enacted Code § 19.2-306.2. See 2022 Va. Acts chs.”
Brandon Edward Jones, a/k/a Edward Brandon Jones v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 4× “1 ANALYSIS After suspending a sentence, a trial court may, subject to provisions of Code § 19.2-306.2, “revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by…”
Jonathan Michael Wynkoop, s/k/a John Michael Wynkoop v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 4× “” ANALYSIS Subject to the conditions of Code § 19.2-306.2, a court “may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court.”
Taijia Treyshawn Jackson v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “” 3 Although not controlling here, we note that, effective July 1, 2022, Code § 19.2-306.2(D) likewise expressly provides that failure to follow the provisions for revocation guidelines “shall not be reviewable on appeal.”
Michael A. Hullings v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “3 Accordingly, we consider only 3 Although not controlling here, we note that, effective July 1, 2022, Code § 19.2-306.2(D) likewise expressly provides that failure to follow the provisions for the revocation guidelines “shall not be reviewable on appeal.”
Joseph Paul Forest, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “See Code § 19.2-306.2(D). -8- (2007). Forrest’s disregard of the terms of his suspended sentence and complete disregard for the requirements of the drug court program support the trial court’s finding that he was not amendable to rehabilitation.”
Connie Marie Maxey, a/k/a Connie Marie Demers v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “ANALYSIS Subject to the provisions of Code § 19.2-306.2, after suspending a sentence, a trial court “may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by…”
Johnny Earl Miller, III v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “ANALYSIS Subject to the provisions of Code § 19.2-306.2, after suspending a sentence a trial court “may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by…”
Orlando Mitchell Hill v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× ““The purpose of th[e] 3 Effective July 1, 2022, Code § 19.2-306.2 requires preparation of a “sentencing revocation report” and “applicable discretionary probation violation guidelines” for the trial court’s consideration in revocation proceedings under Code § 19.”
Buck Wilson Terry, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 2× “2-306(A) (noting the applicability of Code § 19.2-306.2); see Heart v. Commonwealth, 75 Va.”
Michael Lee Guy v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 2× “Subject to the provisions of Code § 19.2-306.2, after suspending the execution of imposition of a sentence, a trial court “may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period…”
Tryvon Elgha Davis v. Commonwealth of Virginia (Va. Ct. App. 2025). · cites it 2× “” Code § 19.2-306.2(D). Therefore, the circuit court did not err by considering them.”
Show all 21 citing cases →
Va. Code Ann. § 19.2-306.2(D): 8 cases
Keith Edward Lucas, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2023). “Effective July 1, 2022, the General Assembly amended the statute to reference the newly enacted Code § 19.2-306.2. See 2022 Va. Acts chs.”
Taijia Treyshawn Jackson v. Commonwealth of Virginia (Va. Ct. App. 2023). “” 3 Although not controlling here, we note that, effective July 1, 2022, Code § 19.2-306.2(D) likewise expressly provides that failure to follow the provisions for revocation guidelines “shall not be reviewable on appeal.”
Michael A. Hullings v. Commonwealth of Virginia (Va. Ct. App. 2023). “3 Accordingly, we consider only 3 Although not controlling here, we note that, effective July 1, 2022, Code § 19.2-306.2(D) likewise expressly provides that failure to follow the provisions for the revocation guidelines “shall not be reviewable on appeal.”
Joseph Paul Forest, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2023). “See Code § 19.2-306.2(D). -8- (2007). Forrest’s disregard of the terms of his suspended sentence and complete disregard for the requirements of the drug court program support the trial court’s finding that he was not amendable to rehabilitation.”
Brandon Edward Jones, a/k/a Edward Brandon Jones v. Commonwealth of Virginia (Va. Ct. App. 2023). “1 ANALYSIS After suspending a sentence, a trial court may, subject to provisions of Code § 19.2-306.2, “revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by…”
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