CHAPTER 468

An Act to amend and reenact §§ 58-272, as amended, and 58-275 of the
Code of Virginia, relating, respectively, to the suspension of sentences
and the probation of persons convicted of crimes, and to the revocation

thereof. CHT 578)
Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 53-272, as amended, and 53-275 of the Code of Virginia, be
amended and reenacted as follows:

§ 58-272. After a plea, a verdict or a judgment of guilty in any
court having jurisdiction to hear and determine the offense, with which
the prisoner at the bar is charged, if there are circumstances in mitigation
of the offense, or if it appears compatible with the public interest, and in
any case after a child has been declared delinquent or dependent, the court
may suspend the execution of sentence, in whole or in part, or the im-
position of sentence, or commitment, and may also place the defendant on
probation under the supervision of a probation officer, during good be-
havior, for such time and under such conditions of probation as the court
shall determine. In case the prisoner has been sentenced for a misdemeanor
and committed, or in case a jail sentence has been imposed upon the
prisoner upon conviction of a felony, the court, or judge of such court
in vacation may at any time before the sentence has been completely served,
suspend the unserved portion of any such sentence. .

In case the prisoner has been sentenced but not actually committed
and delivered to the penitentiary for a felony the court which heard the
case, if it appears compatible with the public interest and there are ctr-
cumstances in mitigation of the offense, may place the defendant on pro-
bation under the supervision of the probation officer during good behavior,
for such time and under such conditions of probation as the court shall
determine. . «ss

In any case wherein a court is authorized to suspend the tmposttion
or execution of sentence, such court may fix the period of suspension for
a reasonable time, having due regard to the gravity of the offense, without
regard to the maximum period for which the prisoner might have been
sentenced. ; ;

In case the prisoner has been sentenced and committed to the peni-
tentiary for a felony and the sentence is partially suspended, for purposes
of good behavior credit and for parole eligibility, the term of imprisonment
shall be that portion of the sentence which was not suspended.

§ 53-275. The court may, for any cause deemed by it sufficient, re-
voke the suspension of sentence and any probation, if the defendant be
on probation, and cause the defendant 'to be arrested and brought before
the court at any time within the probation period, or if no probation period
has been prescribed then within the period of suspension fixed by the
court, or if neither a probation period nor a period of suspension has been
prescribed then within the maximum period for which the defendant
might originally have been sentenced to be imprisoned, whereupon, in
case the imposition of sentence has been suspended, the court may pro-
nounce whatever sentence might have been originally imposed. In case
the execution of the sentence has been suspended, the original sentence
shall be in full force and effect, and neither the time of probation or of
suspension shall * be taken into account to diminish the original sentence.
In the event that any person placed on probation shall leave the jurisdiction
of the court without the consent of the judge, or having obtained leave to
remove to another locality violates any of the terms of his probation, he
may be apprehended and returned to the court and dealt with as provided
above. Provided, however, that nothing contained herein shall be con-
strued to deprive any person of his right to appeal in the manner pro-
vided by law to the circuit or corporation court having criminal jurisdic
tion from a judgment or order revoking any suspended sentence.