9.1-176.1 - Duties and responsibilities of local community-based probation officers. - Virginia Statutes

§ 9.1-176.1. Duties and responsibilities of local community-based probationofficers.

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

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

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

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

4. Conduct, at his discretion, random drug and alcohol tests on any offenderwhom the officer has reason to believe is engaged in the illegal use ofcontrolled substances or marijuana, or the abuse of alcohol or prescribedmedication;

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

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

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

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

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

10. Determine by reviewing the Local Inmate Data System upon intake and againprior to discharge whether a blood, saliva, or tissue sample has been takenfor DNA analysis for each offender required to submit a sample pursuant toArticle 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2 and, if nosample has been taken, require an offender to submit a sample for DNAanalysis.

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 incarcerationwith or without home electronic monitoring as a condition of localcommunity-based probation;

2. Investigate and report on any local-responsible adult offender and prepareor 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 performcourt-ordered community service at approved work sites;

4. Assist the courts, when requested, by monitoring the collection of courtcosts, fines and restitution to the victims of crime for offenders placed onlocal probation; and

5. Collect supervision and intervention fees pursuant to § 9.1-182 subject tolocal approval and the approval of the Department of Criminal JusticeServices.

(2003, c. 142; 2007, cc. 133, 528.)