                                 CODE OF VIRGINIA

POWERS AND DUTIES OF PROBATION AND PAROLE OFFICERS (§ 53.1-145)

In addition to other powers and duties prescribed by this article, each
probation and parole officer shall:

1. Investigate and report on any case pending in any court or before any judge
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 such
persons in a substance abuse treatment program which may include utilization of
acupuncture and other treatment modalities, and furnish every such person with a
written statement of the conditions of his probation and instruct him therein;
if any such person has been committed to the Department of Behavioral Health and
Developmental Services under the provisions of Chapter 9 (&#xA7; 37.2-900 et
seq.) of Title 37.2, the conditions of probation shall include the requirement
that the person comply with all conditions given him by the Department of
Behavioral Health and Developmental Services, and that he follow all of the
terms of his treatment plan;

3. Supervise and assist all persons within his territory released on parole,
secure, as appropriate and when available resources permit, placement of such
persons in a substance abuse treatment program which may include utilization of
acupuncture and other treatment modalities, and, in his discretion, assist any
person within his territory who has completed his parole or has been mandatorily
released from any correctional facility in the Commonwealth and requests
assistance in finding a place to live, finding employment, or in otherwise
becoming adjusted to the community;

4. Arrest and recommit to the place of confinement from which he was released,
or in which he would have been confined but for the suspension of his sentence
or of its imposition, for violation of the terms of probation or parole, any
probationer supervision or parolee under his supervision, or as directed by the
Chairman, Board member or the court, pending a hearing by the Board or the
court, as the case may be;

5. Keep such records, make such reports, and perform other duties as may be
required of him by the Director and the court or judge by whom he was
authorized;

6. Order and conduct, in his discretion, drug and alcohol screening tests of any
probationer or parolee under his supervision who the officer has reason to
believe is engaged in the illegal use of controlled substances or marijuana, or
the abuse of alcohol. The cost of the test may be charged to the person under
supervision. Regulations governing the officer&#8217;s exercise of this
authority shall be promulgated by the Director;

7. Have the power to carry a concealed weapon in accordance with regulations
promulgated by the Director and upon the certification of appropriate training
and specific authorization by a judge of a circuit court;

8. Provide services in accordance with any contract entered into between the
Department of Corrections and the Department of Behavioral Health and
Developmental Services pursuant to &#xA7; 37.2-912;

9. Pursuant to any contract entered into between the Department of Corrections
and the Department of Behavioral Health and Developmental Services, probation
and parole officers shall have the power to provide intensive supervision
services to persons placed on conditional release, regardless of whether the
person has any time remaining to serve on any criminal sentence, pursuant to
Chapter 9 (&#xA7; 37.2-900 et seq.);

10. Determine by reviewing the Department of Forensic Science DNA data bank
sample tracking system upon intake and again prior to release whether a blood,
saliva, or tissue sample is stored in the data bank for each person placed on
probation or parole required to submit a sample pursuant to Article 1.1 (&#xA7;
19.2-310.2 et seq.) of Chapter 18 of Title 19.2 and, if a person&#8217;s sample
is not stored in the data bank, require the person placed on probation or parole
to submit a sample for DNA analysis;

11. For every offender accepted pursuant to the Interstate Compact for the
Supervision of Adult Offenders (&#xA7; 53.1-176.1 et seq.) who has been
convicted of an offense that, if committed in Virginia, would require the
offender to submit a sample pursuant to Article 1.1 (&#xA7; 19.2-310.2 et seq.)
of Chapter 18 of Title 19.2, take a sample or verify that a sample has been
taken and accepted into the data bank for DNA analysis in the Commonwealth;

12. Monitor the collection and payment of restitution to the victims of crime
for offenders placed on supervised probation;

13. Prior to the release from supervision of any offender on probation as of
July 1, 2019, review the criminal history record of the offender at least 60
days prior to release from supervision, or immediately if the offender is
scheduled to be released from supervision within less than 60 days, to determine
whether all offenses for which the offender is being supervised appear on such
record and, if any such offense that is required to be reported to the Central
Criminal Records Exchange pursuant to &#xA7; 19.2-390 does not appear, (i) take
and provide fingerprints and a photograph of the offender to the Central
Criminal Records Exchange to be classified and filed as part of the criminal
history record information pursuant to subsection D of &#xA7; 19.2-390 and (ii)
provide written or electronic notification to the Central Criminal Records
Exchange within the Department of State Police that such offense does not appear
on the offender&#8217;s criminal history record; and

14. Upon intake of any offender on or after July 1, 2019, (i) take and provide
fingerprints and a photograph of the offender to the Central Criminal Records
Exchange to be classified and filed as part of the criminal history record
information pursuant to subsection D of &#xA7; 19.2-390, (ii) review the
criminal history record of the offender to determine whether all offenses for
which the offender is being supervised appear on such record, and (iii) if any
such offense that is required to be reported to the Central Criminal Records
Exchange pursuant to &#xA7; 19.2-390 does not appear, provide written or
electronic notification to the Central Criminal Records Exchange within the
Department of State Police that such offense does not appear on the
offender&#8217;s criminal history record.
			Nothing in this article shall require probation and parole officers to
investigate or supervise cases before general district or juvenile and domestic
relations district courts.

HISTORY: 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, Sp. Sess. II, 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; 2011, cc. 384,
410; 2014, cc. 674, 719; 2018, cc. 316, 671; 2019, cc. 782, 783; 2020, c. 759;
2022, cc. 41, 42; 2025, c. 716.