Piedmont Court Services - Eligibility

ELIGIBILITY CRITERIA AND PROCEDURE

1. POLICY: Offenders shall be sentenced in accordance with the Code of Virginia. To develop Standard Operating Procedures for Local Probation Supervision which identify specific selection criteria and procedures to be used for identifying and placing offenders in the program.

2.PROCEDURE: Pursuant to 9.1-173, 19.2-303.1-303.3, 19.20316.1 and 4.1-305 of Chapter 338, offender eligibility criteria are as follows:

1. Certain misdemeanants or persons, who are no younger than 18 years of age or are considered adult at time of conviction, and may be convicted of non-violent felonies, as defined in 19.2-303.3 and 10.2-316.1 for whom the court may impose a jail sentence and who may require less than institutional custody or who may receive a deferred judgment.


2. In order to participate in the program, the offender must be an adult and "non-violent." "Non-violent" shall be defined as one who does not evidence behavior which indicates the offender's potential for violence, is too hazardous to justify a community-based plan or the instant offense did not involve a bodily threat with a criminally defined weapon or result in serious injury. Pursuant to Section 19.2-316.1, "non-violent felony" means the exclusion of murder, manslaughter, kidnapping, sexual assault, malicious wounding, robbery, or any attempt to commit any of these crimess.


3. No offender shall have a demonstrated pattern of violence.


4. No offender shall have any outstanding criminal charges, detainers, or dispositions which could preclude eventual program participation.


5. Each offender shall be deemed suitable for program participation by the determination that an appropriate, rational behavior contract/conditions of supervision can be developed. Each offender shall participate in the development of his/her contract and agree (by signing the contract) to abide by its conditions.


6. No offender may have medical, psychiatric, or drug/alcohol abuse problems or present treatment needs which go beyond the resources and structure of the community-based probation agency. In addition, in order to be recommended for the Piedmont Court Services community-based probation program or for participation in the same, the offender shall pose no continuing threat to the safety of the victim or the community.


7. Juveniles considered for diversion must be considered an adult, 18 years of age, at the time of the court disposition in order to be eligible for this community-based probation program.