19.2-152.4:3 - Duties and responsibilities of local pretrial services officers
§ 19.2-152.4:3. Duties and responsibilities of local pretrial servicesofficers.
A. Each local pretrial services officer, for the jurisdictions served, shall:
1. Investigate and interview defendants arrested on state and local warrantsand who are detained in jails located in jurisdictions served by the agencywhile awaiting a hearing before any court that is considering orreconsidering bail, at initial appearance, advisement or arraignment, or atother subsequent hearings;
2. Present a pretrial investigation report with recommendations to assistcourts in discharging their duties related to granting or reconsidering bail;
3. Supervise and assist all defendants residing within the jurisdictionsserved and placed on pretrial supervision by any judicial officer within thejurisdictions to ensure compliance with the terms and conditions of bail;
4. Conduct random drug and alcohol tests on any defendant under supervisionfor whom a judicial officer has ordered testing or who has been required torefrain from excessive use of alcohol or use of any illegal drug orcontrolled substance or other defendant-specific condition of bail related toalcohol or substance abuse;
5. Seek a capias from any judicial officer pursuant to § 19.2-152.4:1 for anydefendant placed under supervision or the custody of the agency who fails tocomply with the conditions of bail or supervision, when continued liberty ornoncompliance presents a risk of flight, a risk to public safety or risk tothe defendant;
6. Seek an order to show cause why the defendant should not be required toappear before the court in those cases requiring a subsequent hearing beforethe court;
7. Provide defendant-based information to assist any law-enforcement officerwith the return to custody of defendants placed on supervision for which acapias has been sought; and
8. Keep such records and make such reports as required by the Commonwealth ofVirginia Department of Criminal Justice Services.
B. Each local pretrial services officer, for the jurisdictions served, mayprovide the following optional services, as appropriate and when availableresources permit:
1. Conduct, subject to court approval, drug and alcohol screenings, or testsat investigation pursuant to subsection B of § 19.2-123 or following releaseto supervision, and conduct or facilitate the preparation of screenings orassessments or both pursuant to state approved protocols;
2. Facilitate placement of defendants in a substance abuse education ortreatment program or services or other education or treatment service whenordered as a condition of bail;
3. Sign for the custody of any defendant investigated by a pretrial servicesofficer, and released by a court to pretrial supervision as the sole term andcondition of bail or when combined with an unsecured bond;
4. Provide defendant information and investigation services for those who aredetained in jails located in jurisdictions served by the agency and areawaiting an initial bail hearing before a magistrate;
5. Supervise defendants placed by any judicial officer on home electronicmonitoring as a condition of bail and supervision;
6. Prepare, for defendants investigated, the financial statement-eligibilitydetermination form for indigent defense services; and
7. Subject to approved procedures and if so requested by the court,coordinate for defendants investigated, services for court-appointed counseland for interpreters for foreign-language speaking and hearing-impaireddefendants.
(2003, c. 603; 2007, c. 133; 2008, cc. 551, 691.)