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2026 PROBATION BILLS

HB149 Decreasing probation period.

Introduced by: Wren M. Williams (Chief Patron) [R]

View the bill here.

Decreasing probation period. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing educational activities, maintaining employment, completing treatment, or obtaining housing. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct and requires the Department of Corrections to request termination of a defendant's supervised probation period after 12 months in certain situations.

1/20/2026 Assigned House -CJ sub: Criminal

1/21/2026 House-CJ Criminal subcommittee recommends reporting with amendment(s) (10‑Y 0‑N)Vote

1/22/2026 Fiscal Impact Statement from Department of Planning and Budget (HB296)

1/28/2026 Reported from House-Courts of Justice committee with amendment(s) (20‑Y 0‑N)

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HB1413 Limitation on sentence upon revocation of suspension of sentence; technical violations.
Introduced by: Charlie Schmidt (Chief Patron) [D]

View the bill here.
Provides that when conducting a revocation hearing, the court shall consider at the same revocation hearing all alleged technical violations that occurred prior to such revocation hearing and have not been previously considered by the court. The bill also requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall adjudicate such violation within 14 days of the defendant being taken into custody. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. The bill also adds the following as technical violations: (a) failure to pay any fines or costs or complete community service, (b) failure to enter into or complete any court-ordered treatment, or (c) failure to comply with any condition of monitoring or appear in court. Lastly, the bill clarifies that the use, possession, or distribution of marijuana or related paraphernalia is a technical violation.

1/22/2026 Referred to Committee for House-Courts of Justice

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SB776 Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay.
Introduced by: Tammy Brankley Mulchi (Chief Patron) [R]

View the bill here.
Requiring fines, costs, restitution for damages, support, or community services from probationer; failure to pay. Provides that a failure of the defendant to pay any fines or costs imposed on him at the time of being placed on probation as a condition of his probation shall not, by itself, be deemed a breach of such probation unless the court finds, after notice to the defendant and his counsel and a hearing, that the defendant has (i) willfully refused to pay or (ii) failed to make sufficient bona fide efforts to acquire the resources to pay. Further, the bill provides that in assessing such failure to pay, the court shall presume that a defendant who is indigent pursuant to relevant law, or who has been deemed indigent during the pendency of a criminal or traffic case, is unable to pay such fines and costs. The bill requires the court to order such defendant relief from any alleged breach of probation, absent any specific finding to the contrary.

1/22/2026 Referred to Committee for Senate-Courts of Justice

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Prisoners' Rights Clinic
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Richmond, VA 23233

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