                                 CODE OF VIRGINIA

ARREST OF PROBATIONER WITHOUT WARRANT; WRITTEN STATEMENT; TIMEFRAME FOR SERVICE
OF PROCESS (§ 53.1-149)

A. 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.

B. 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.

HISTORY: Code 1950, § 53-278.5; 1962, c. 327; 1982, c. 636; 2010, c. 273; 2025,
c. 412.