{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-149.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-149.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-149.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-149.html"}],"law_id":71862,"edition_id":1,"section_id":71862,"structure_id":15630,"section_number":"53.1-149","catch_line":"Arrest of probationer without warrant; written statement; timeframe for service of process","history":"Code 1950, \u00a7 53-278.5; 1962, c. 327; 1982, c. 636; 2010, c. 273; 2025, c. 412.","full_text":"A\n\nAny probation officer appointed pursuant to this chapter may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so, by a written statement setting forth that the probationer has, in the judgment of the probation officer, violated one or more of the terms or conditions upon which the probationer was released on probation. Such a written statement by a probation officer delivered to the officer in charge of any local jail or lockup shall be sufficient warrant for the detention of the probationer. Any officer deputized upon receipt of the written statement shall, in accordance with &#xA7; 19.2-390, enter, or cause to be entered, the person&#8217;s name and other appropriate information required by the Department of State Police into the &#8220;information systems&#8221; known as the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (&#xA7; 52-12 et seq.) of Title 52. Such information shall be deemed a warrant authorizing the arrest of the person anywhere in the Commonwealth.B\n\nThe probation officer of any probationer arrested pursuant to this section shall forthwith, but in all cases no later than three business days after the arrest of the probationer, (i) submit a copy of any written statement described in subsection A, including all relevant case numbers, to the local attorney for the Commonwealth and the clerk of the court for the circuit court responsible for supervision of the probationer and advise such persons of his arrest and (ii) request the circuit court of the sentencing jurisdiction to promptly issue a capias or bench warrant for the alleged violation contained in the written statement.","order_by":null,"text":{"0":{"id":258910,"text":"Any probation officer appointed pursuant to this chapter may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so, by a written statement setting forth that the probationer has, in the judgment of the probation officer, violated one or more of the terms or conditions upon which the probationer was released on probation. Such a written statement by a probation officer delivered to the officer in charge of any local jail or lockup shall be sufficient warrant for the detention of the probationer. Any officer deputized upon receipt of the written statement shall, in accordance with &#xA7; 19.2-390, enter, or cause to be entered, the person&#8217;s name and other appropriate information required by the Department of State Police into the &#8220;information systems&#8221; known as the Virginia Criminal Information Network (VCIN), established and maintained by the Department pursuant to Chapter 2 (&#xA7; 52-12 et seq.) of Title 52. Such information shall be deemed a warrant authorizing the arrest of the person anywhere in the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258911,"text":"The probation officer of any probationer arrested pursuant to this section shall forthwith, but in all cases no later than three business days after the arrest of the probationer, (i) submit a copy of any written statement described in subsection A, including all relevant case numbers, to the local attorney for the Commonwealth and the clerk of the court for the circuit court responsible for supervision of the probationer and advise such persons of his arrest and (ii) request the circuit court of the sentencing jurisdiction to promptly issue a capias or bench warrant for the alleged violation contained in the written statement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15630,"edition_id":1,"name":"State Probation and Parole Services","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12764,"metadata":{},"date_created":"2026-06-26 03:57:08","date_modified":"2026-06-26 03:57:08","permalink":{"id":238933,"object_type":"structure","relational_id":15630,"identifier":"2","token":"53.1\/4\/2","url":"\/53.1\/4\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12764,"edition_id":1,"name":"Probation and Parole","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":238889,"object_type":"structure","relational_id":12764,"identifier":"4","token":"53.1\/4","url":"\/53.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74289,"structure_id":15630,"section_number":"53.1-141","catch_line":"Division into probation and parole districts","url":"\/53.1-141\/","token":"53.1\/4\/2\/53.1-141","metadata":false},{"id":75825,"structure_id":15630,"section_number":"53.1-142","catch_line":"Assignments of officers to districts","url":"\/53.1-142\/","token":"53.1\/4\/2\/53.1-142","metadata":false},{"id":85066,"structure_id":15630,"section_number":"53.1-143","catch_line":"How officers authorized","url":"\/53.1-143\/","token":"53.1\/4\/2\/53.1-143","metadata":false},{"id":82221,"structure_id":15630,"section_number":"53.1-144","catch_line":"Term of officers","url":"\/53.1-144\/","token":"53.1\/4\/2\/53.1-144","metadata":false},{"id":63884,"structure_id":15630,"section_number":"53.1-145","catch_line":"Powers and duties of probation and parole officers","url":"\/53.1-145\/","token":"53.1\/4\/2\/53.1-145","metadata":false},{"id":71176,"structure_id":15630,"section_number":"53.1-146","catch_line":"Use of officers as to persons convicted of local violations; payment of expenses","url":"\/53.1-146\/","token":"53.1\/4\/2\/53.1-146","metadata":false},{"id":86829,"structure_id":15630,"section_number":"53.1-147","catch_line":"Compensation; expenses","url":"\/53.1-147\/","token":"53.1\/4\/2\/53.1-147","metadata":false},{"id":77531,"structure_id":15630,"section_number":"53.1-148","catch_line":"Transfer of supervision from one probation officer to another","url":"\/53.1-148\/","token":"53.1\/4\/2\/53.1-148","metadata":false},{"id":71862,"structure_id":15630,"section_number":"53.1-149","catch_line":"Arrest of probationer without warrant; written statement; timeframe for service of process","url":"\/53.1-149\/","token":"53.1\/4\/2\/53.1-149","metadata":false},{"id":71675,"structure_id":15630,"section_number":"53.1-150","catch_line":"Contributions by persons on parole, probation, and work release","url":"\/53.1-150\/","token":"53.1\/4\/2\/53.1-150","metadata":false},{"id":59701,"structure_id":15630,"section_number":"53.1-150.1","catch_line":"Contribution by persons on parole","url":"\/53.1-150.1\/","token":"53.1\/4\/2\/53.1-150.1","metadata":false}],"previous_section":{"id":77531,"structure_id":15630,"section_number":"53.1-148","catch_line":"Transfer of supervision from one probation officer to another","url":"\/53.1-148\/","token":"53.1\/4\/2\/53.1-148","metadata":false},"next_section":{"id":71675,"structure_id":15630,"section_number":"53.1-150","catch_line":"Contributions by persons on parole, probation, and work release","url":"\/53.1-150\/","token":"53.1\/4\/2\/53.1-150","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-149\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 327; in 1982, chapter 636; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0273\">273<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0412\">412<\/a>.<\/p>","references":[{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"}],"refers_to":[{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":60818,"section_number":"52-12","catch_line":"Establishment of State Police communication system","order_by":null,"url":"\/52-12\/"}],"permalink":{"id":238967,"object_type":"law","relational_id":71862,"identifier":"53.1-149","token":"53.1\/4\/2\/53.1-149","url":"\/53.1-149\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-149\/","token":"53.1\/4\/2\/53.1-149","dublin_core":{"Title":"Arrest of probationer without warrant; written statement; timeframe for service of process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-149","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any <span class=\"dictionary\">probation officer<\/span> appointed pursuant to this chapter may <span class=\"dictionary\">arrest<\/span> a probationer without a warrant, or may deputize any other officer with power to <span class=\"dictionary\">arrest<\/span> to do so, by a written statement setting forth that the probationer has, in the <span class=\"dictionary\">judgment<\/span> of the <span class=\"dictionary\">probation officer<\/span>, violated one or more of the terms or conditions upon which the probationer was released on probation. Such a written statement by a <span class=\"dictionary\">probation officer<\/span> delivered to the officer in charge of any local jail or lockup shall be sufficient warrant for the detention of the probationer. Any officer deputized upon receipt of the written statement shall, in accordance with &#xA7; <a class=\"law\" title=\"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies\" href=\"\/19.2-390\/\">19.2-390<\/a>, enter, or cause to be entered, the person&#8217;s name and other appropriate information required by the <span class=\"dictionary\">Department<\/span> of State Police into the &#8220;information systems&#8221; known as the Virginia Criminal Information Network (VCIN), established and maintained by the <span class=\"dictionary\">Department<\/span> pursuant to Chapter 2 (&#xA7; <a class=\"law\" title=\"Establishment of State Police communication system\" href=\"\/52-12\/\">52-12<\/a> et seq.) of Title 52. Such information shall be deemed a warrant authorizing the <span class=\"dictionary\">arrest<\/span> of the person anywhere in the Commonwealth. <a id=\"paragraph-258910\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-149\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">probation officer<\/span> of any probationer arrested pursuant to this section shall forthwith, but in all cases no later than three business days after the <span class=\"dictionary\">arrest<\/span> of the probationer, (i) submit a copy of any written statement described in subsection A, including all relevant case numbers, to the local attorney for the Commonwealth and the clerk of the <span class=\"dictionary\">court<\/span> for the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> responsible for supervision of the probationer and advise such persons of his <span class=\"dictionary\">arrest<\/span> and (ii) request the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the sentencing <span class=\"dictionary\">jurisdiction<\/span> to promptly <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">capias<\/span> or <span class=\"dictionary\">bench warrant<\/span> for the alleged violation contained in the written statement. <a id=\"paragraph-258911\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/53.1-149\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nARREST OF PROBATIONER WITHOUT WARRANT; WRITTEN STATEMENT; TIMEFRAME FOR SERVICE\nOF PROCESS (\u00a7 53.1-149)\n\nA. Any probation officer appointed pursuant to this chapter may arrest a\nprobationer without a warrant, or may deputize any other officer with power to\narrest to do so, by a written statement setting forth that the probationer has,\nin the judgment of the probation officer, violated one or more of the terms or\nconditions upon which the probationer was released on probation. Such a written\nstatement by a probation officer delivered to the officer in charge of any local\njail or lockup shall be sufficient warrant for the detention of the probationer.\nAny officer deputized upon receipt of the written statement shall, in accordance\nwith &#xA7; 19.2-390, enter, or cause to be entered, the person&#8217;s name and\nother appropriate information required by the Department of State Police into\nthe &#8220;information systems&#8221; known as the Virginia Criminal Information\nNetwork (VCIN), established and maintained by the Department pursuant to Chapter\n2 (&#xA7; 52-12 et seq.) of Title 52. Such information shall be deemed a warrant\nauthorizing the arrest of the person anywhere in the Commonwealth.\n\nB. The probation officer of any probationer arrested pursuant to this section\nshall forthwith, but in all cases no later than three business days after the\narrest of the probationer, (i) submit a copy of any written statement described\nin subsection A, including all relevant case numbers, to the local attorney for\nthe Commonwealth and the clerk of the court for the circuit court responsible\nfor supervision of the probationer and advise such persons of his arrest and\n(ii) request the circuit court of the sentencing jurisdiction to promptly issue\na capias or bench warrant for the alleged violation contained in the written\nstatement.\n\nHISTORY: Code 1950, \u00a7 53-278.5; 1962, c. 327; 1982, c. 636; 2010, c. 273; 2025,\nc. 412.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}