                                 CODE OF VIRGINIA

DUTIES AND RESPONSIBILITIES OF LOCAL COMMUNITY-BASED PROBATION OFFICERS (§
9.1-176.1)

A. Each local community-based probation officer, for the localities served,
shall:

   1. Supervise and assist all local-responsible adult offenders, residing within
   the localities served and placed on local community-based probation by any
   judge of any court within the localities served;

   2. Ensure offender compliance with all orders of the court, including the
   requirement to perform community service;

   3. Conduct, when ordered by a court, substance abuse screenings, or conduct or
   facilitate the preparation of assessments pursuant to state approved
   protocols;

   4. Conduct, at his discretion, random drug and alcohol tests on any offender
   whom the officer has reason to believe is engaged in the illegal use of
   controlled substances or marijuana or the abuse of alcohol or prescribed
   medication;

   5. Facilitate placement of offenders in substance abuse education or treatment
   programs and services or other education or treatment programs and services
   based on the needs of the offender;

   6. Seek a capias from any judicial officer in the event of failure to comply
   with conditions of local community-based probation or supervision on the part
   of any offender provided that noncompliance resulting from intractable
   behavior presents a risk of flight, or a risk to public safety or to the
   offender;

   7. Seek a motion to show cause for offenders requiring a subsequent hearing
   before the court;

   8. Provide information to assist any law-enforcement officer with the return
   to custody of defendants placed on supervision for which a capias has been
   sought;

   9. Keep such records and make such reports as required by the Department of
   Criminal Justice Services;

   10. Determine by reviewing the Department of Forensic Science DNA data bank
   sample tracking system upon intake and again prior to discharge whether a
   blood, saliva, or tissue sample is stored in the DNA data bank for each
   offender 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 an offender&#8217;s
   sample is not stored in the data bank, require the offender to submit a sample
   for DNA analysis;

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

   12. Determine by reviewing the offender&#8217;s criminal history record at
   least 60 days prior to discharge 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) order the offender to report to the
   law-enforcement agency that made the arrest for such offense or to the
   Department of State Police and submit to having his fingerprints and
   photograph taken for each such offense, (ii) provide written or electronic
   notification to the Central Criminal Records Exchange within the Department of
   State Police that the offense does not appear on the offender&#8217;s criminal
   history record, and (iii) verify that such fingerprints and photograph have
   been taken.

B. Each local probation officer may provide the following optional services, as
appropriate and when available resources permit:

   1. Supervise local-responsible adult offenders placed on home incarceration
   with or without home electronic monitoring as a condition of local
   community-based probation;

   2. Investigate and report on any local-responsible adult offender and prepare
   or facilitate the preparation of any other screening, assessment, evaluation,
   testing or treatment required as a condition of probation;

   3. Monitor placements of local-responsible adults who are required to perform
   court-ordered community service at approved work sites;

   4. Assist the courts, when requested, by monitoring the collection of court
   costs and fines for offenders placed on local probation; and

   5. Collect supervision and intervention fees pursuant to &#xA7; 9.1-182
   subject to local approval and the approval of the Department of Criminal
   Justice Services.

HISTORY: 2003, c. 142; 2007, cc. 133, 528; 2011, cc. 384, 410; 2014, cc. 674,
719; 2018, cc. 316, 671; 2019, cc. 782, 783; 2022, cc. 41, 42.