§ 53.1-145. Powers and duties of probation and parole officers.
In addition to other powers and duties prescribed by this article, eachprobation and parole officer shall:
1. Investigate and report on any case pending in any court or before anyjudge in his jurisdiction referred to him by the court or judge;
2. Supervise and assist all persons within his territory placed on probation,secure, as appropriate and when available resources permit, placement of suchpersons in a substance abuse treatment program which may include utilizationof acupuncture and other treatment modalities, and furnish every such personwith a written statement of the conditions of his probation and instruct himtherein; if any such person has been committed to the Department ofBehavioral Health and Developmental Services under the provisions of Chapter9 (§ 37.2-900 et seq.) of Title 37.2, the conditions of probation shallinclude the requirement that the person comply with all conditions given himby the Department of Behavioral Health and Developmental Services, and thathe follow all of the terms of his treatment plan;
3. Supervise and assist all persons within his territory released on paroleor postrelease supervision, secure, as appropriate and when availableresources permit, placement of such persons in a substance abuse treatmentprogram which may include utilization of acupuncture and other treatmentmodalities, and, in his discretion, assist any person within his territorywho has completed his parole, postrelease supervision, or has beenmandatorily released from any correctional facility in the Commonwealth andrequests assistance in finding a place to live, finding employment, or inotherwise becoming adjusted to the community;
4. Arrest and recommit to the place of confinement from which he wasreleased, or in which he would have been confined but for the suspension ofhis sentence or of its imposition, for violation of the terms of probation,post-release supervision pursuant to § 19.2-295.2 or parole, any probationer,person subject to post-release supervision or parolee under his supervision,or as directed by the Chairman, Board member or the court, pending a hearingby the Board or the court, as the case may be;
5. Keep such records, make such reports, and perform other duties as may berequired of him by the Director or by regulations prescribed by the Board ofCorrections, and the court or judge by whom he was authorized;
6. Order and conduct, in his discretion, drug and alcohol screening tests ofany probationer, person subject to post-release supervision pursuant to §19.2-295.2 or parolee under his supervision who the officer has reason tobelieve is engaged in the illegal use of controlled substances or marijuanaor the abuse of alcohol. The cost of the test may be charged to the personunder supervision. Regulations governing the officer's exercise of thisauthority shall be promulgated by the Board;
7. Have the power to carry a concealed weapon in accordance with regulationspromulgated by the Board and upon the certification of appropriate trainingand specific authorization by a judge of a circuit court;
8. Provide services in accordance with any contract entered into between theDepartment of Corrections and the Department of Behavioral Health andDevelopmental Services pursuant to § 37.2-912;
9. Pursuant to any contract entered into between the Department ofCorrections and the Department of Behavioral Health and DevelopmentalServices, probation and parole officers shall have the power to provideintensive supervision services to persons placed on conditional release,regardless of whether the person has any time remaining to serve on anycriminal sentence, pursuant to Chapter 9 (§ 37.2-900 et seq.);
10. Determine by reviewing the Local Inmate Data System upon intake and againprior to release whether a blood, saliva, or tissue sample has been taken forDNA analysis for each person placed on probation or parole required to submita sample pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 ofTitle 19.2 and, if no sample has been taken, require a person placed onprobation or parole to submit a sample for DNA analysis; and
11. For every offender accepted pursuant to the Interstate Compact for theSupervision of Adult Offenders (§ 53.1-176.1 et seq.) who has been convictedof an offense that, if committed in Virginia, would be considered a felony,take a sample or verify that a sample has been taken and accepted into thedata bank for DNA analysis in the Commonwealth.
Nothing in this article shall require probation and parole officers toinvestigate or supervise cases before general district or juvenile anddomestic relations district courts.
(Code 1950, § 53-250; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45, 240;1975, c. 630; 1976, c. 39; 1982, c. 636; 1992, cc. 188, 740; 1994, c. 935;1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1997, c. 526; 2003, c.944; 2006, cc. 698, 730, 863, 914; 2007, c. 528; 2009, cc. 813, 840.)
§ 53.1-145. Powers and duties of probation and parole officers.
In addition to other powers and duties prescribed by this article, eachprobation and parole officer shall:
1. Investigate and report on any case pending in any court or before anyjudge in his jurisdiction referred to him by the court or judge;
2. Supervise and assist all persons within his territory placed on probation,secure, as appropriate and when available resources permit, placement of suchpersons in a substance abuse treatment program which may include utilizationof acupuncture and other treatment modalities, and furnish every such personwith a written statement of the conditions of his probation and instruct himtherein; if any such person has been committed to the Department ofBehavioral Health and Developmental Services under the provisions of Chapter9 (§ 37.2-900 et seq.) of Title 37.2, the conditions of probation shallinclude the requirement that the person comply with all conditions given himby the Department of Behavioral Health and Developmental Services, and thathe follow all of the terms of his treatment plan;
3. Supervise and assist all persons within his territory released on paroleor postrelease supervision, secure, as appropriate and when availableresources permit, placement of such persons in a substance abuse treatmentprogram which may include utilization of acupuncture and other treatmentmodalities, and, in his discretion, assist any person within his territorywho has completed his parole, postrelease supervision, or has beenmandatorily released from any correctional facility in the Commonwealth andrequests assistance in finding a place to live, finding employment, or inotherwise becoming adjusted to the community;
4. Arrest and recommit to the place of confinement from which he wasreleased, or in which he would have been confined but for the suspension ofhis sentence or of its imposition, for violation of the terms of probation,post-release supervision pursuant to § 19.2-295.2 or parole, any probationer,person subject to post-release supervision or parolee under his supervision,or as directed by the Chairman, Board member or the court, pending a hearingby the Board or the court, as the case may be;
5. Keep such records, make such reports, and perform other duties as may berequired of him by the Director or by regulations prescribed by the Board ofCorrections, and the court or judge by whom he was authorized;
6. Order and conduct, in his discretion, drug and alcohol screening tests ofany probationer, person subject to post-release supervision pursuant to §19.2-295.2 or parolee under his supervision who the officer has reason tobelieve is engaged in the illegal use of controlled substances or marijuanaor the abuse of alcohol. The cost of the test may be charged to the personunder supervision. Regulations governing the officer's exercise of thisauthority shall be promulgated by the Board;
7. Have the power to carry a concealed weapon in accordance with regulationspromulgated by the Board and upon the certification of appropriate trainingand specific authorization by a judge of a circuit court;
8. Provide services in accordance with any contract entered into between theDepartment of Corrections and the Department of Behavioral Health andDevelopmental Services pursuant to § 37.2-912;
9. Pursuant to any contract entered into between the Department ofCorrections and the Department of Behavioral Health and DevelopmentalServices, probation and parole officers shall have the power to provideintensive supervision services to persons placed on conditional release,regardless of whether the person has any time remaining to serve on anycriminal sentence, pursuant to Chapter 9 (§ 37.2-900 et seq.);
10. Determine by reviewing the Local Inmate Data System upon intake and againprior to release whether a blood, saliva, or tissue sample has been taken forDNA analysis for each person placed on probation or parole required to submita sample pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 ofTitle 19.2 and, if no sample has been taken, require a person placed onprobation or parole to submit a sample for DNA analysis; and
11. For every offender accepted pursuant to the Interstate Compact for theSupervision of Adult Offenders (§ 53.1-176.1 et seq.) who has been convictedof an offense that, if committed in Virginia, would be considered a felony,take a sample or verify that a sample has been taken and accepted into thedata bank for DNA analysis in the Commonwealth.
Nothing in this article shall require probation and parole officers toinvestigate or supervise cases before general district or juvenile anddomestic relations district courts.
(Code 1950, § 53-250; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45, 240;1975, c. 630; 1976, c. 39; 1982, c. 636; 1992, cc. 188, 740; 1994, c. 935;1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1997, c. 526; 2003, c.944; 2006, cc. 698, 730, 863, 914; 2007, c. 528; 2009, cc. 813, 840.)
§ 53.1-145. Powers and duties of probation and parole officers.
In addition to other powers and duties prescribed by this article, eachprobation and parole officer shall:
1. Investigate and report on any case pending in any court or before anyjudge in his jurisdiction referred to him by the court or judge;
2. Supervise and assist all persons within his territory placed on probation,secure, as appropriate and when available resources permit, placement of suchpersons in a substance abuse treatment program which may include utilizationof acupuncture and other treatment modalities, and furnish every such personwith a written statement of the conditions of his probation and instruct himtherein; if any such person has been committed to the Department ofBehavioral Health and Developmental Services under the provisions of Chapter9 (§ 37.2-900 et seq.) of Title 37.2, the conditions of probation shallinclude the requirement that the person comply with all conditions given himby the Department of Behavioral Health and Developmental Services, and thathe follow all of the terms of his treatment plan;
3. Supervise and assist all persons within his territory released on paroleor postrelease supervision, secure, as appropriate and when availableresources permit, placement of such persons in a substance abuse treatmentprogram which may include utilization of acupuncture and other treatmentmodalities, and, in his discretion, assist any person within his territorywho has completed his parole, postrelease supervision, or has beenmandatorily released from any correctional facility in the Commonwealth andrequests assistance in finding a place to live, finding employment, or inotherwise becoming adjusted to the community;
4. Arrest and recommit to the place of confinement from which he wasreleased, or in which he would have been confined but for the suspension ofhis sentence or of its imposition, for violation of the terms of probation,post-release supervision pursuant to § 19.2-295.2 or parole, any probationer,person subject to post-release supervision or parolee under his supervision,or as directed by the Chairman, Board member or the court, pending a hearingby the Board or the court, as the case may be;
5. Keep such records, make such reports, and perform other duties as may berequired of him by the Director or by regulations prescribed by the Board ofCorrections, and the court or judge by whom he was authorized;
6. Order and conduct, in his discretion, drug and alcohol screening tests ofany probationer, person subject to post-release supervision pursuant to §19.2-295.2 or parolee under his supervision who the officer has reason tobelieve is engaged in the illegal use of controlled substances or marijuanaor the abuse of alcohol. The cost of the test may be charged to the personunder supervision. Regulations governing the officer's exercise of thisauthority shall be promulgated by the Board;
7. Have the power to carry a concealed weapon in accordance with regulationspromulgated by the Board and upon the certification of appropriate trainingand specific authorization by a judge of a circuit court;
8. Provide services in accordance with any contract entered into between theDepartment of Corrections and the Department of Behavioral Health andDevelopmental Services pursuant to § 37.2-912;
9. Pursuant to any contract entered into between the Department ofCorrections and the Department of Behavioral Health and DevelopmentalServices, probation and parole officers shall have the power to provideintensive supervision services to persons placed on conditional release,regardless of whether the person has any time remaining to serve on anycriminal sentence, pursuant to Chapter 9 (§ 37.2-900 et seq.);
10. Determine by reviewing the Local Inmate Data System upon intake and againprior to release whether a blood, saliva, or tissue sample has been taken forDNA analysis for each person placed on probation or parole required to submita sample pursuant to Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 ofTitle 19.2 and, if no sample has been taken, require a person placed onprobation or parole to submit a sample for DNA analysis; and
11. For every offender accepted pursuant to the Interstate Compact for theSupervision of Adult Offenders (§ 53.1-176.1 et seq.) who has been convictedof an offense that, if committed in Virginia, would be considered a felony,take a sample or verify that a sample has been taken and accepted into thedata bank for DNA analysis in the Commonwealth.
Nothing in this article shall require probation and parole officers toinvestigate or supervise cases before general district or juvenile anddomestic relations district courts.
(Code 1950, § 53-250; 1970, c. 648; 1973, c. 253; 1974, cc. 44, 45, 240;1975, c. 630; 1976, c. 39; 1982, c. 636; 1992, cc. 188, 740; 1994, c. 935;1994, 2nd Sp. Sess., cc. 1, 2; 1995, cc. 502, 574; 1997, c. 526; 2003, c.944; 2006, cc. 698, 730, 863, 914; 2007, c. 528; 2009, cc. 813, 840.)
