6VAC15-62-110. Supervision.

A. Where statute authorizes arrest authority for probation and parole officers, written policy, procedure and practice define the scope of these powers.

B. Written policy, procedure and practice provide that a pre-arrest briefing shall be conducted prior to a planned arrest with all staff and other law-enforcement agencies participating in the action.

C. Written policy, procedure and practice provide procedures for probation and parole officers to transport offenders.

D. Written policy, procedure and practice govern critical incident protocol.

E. Written policy, procedure and practice govern classification and supervision of offenders in order to safeguard the community and meet the program needs of the offender. Offenders should be placed in the appropriate supervision level after the initial interview as required; such level to be determined by an approved risk assessment tool and process. Reclassification should occur at six-month evaluation periods or where warranted and be recorded and justified in the chronological record.

F. Written policy, procedure and practice provide for the field officer and offender to jointly develop and follow up on a written supervision plan that includes:

1. Specific supervision objectives (including the safeguarding of the community and meeting the program needs of the offender and methods to achieve the objectives.

2. An initial assessment of each offender (and all subsequent reassessments) using a standardized and validated assessment tool.

3. Specific criteria for determining and changing an offenders supervision plan.

4. Regular reviews of the offenders offender's progress with an individual supervision plan.

5. Appropriate programs and services and proportionate incentives and sanctions.

6. Adjustments to the individual plan made based on the reassessment and in accordance with the offenders performance in the community.

Any review results are recorded in the case file and communicated with the offender.

A review and update of the offenders offender's plan, as needed, is performed at least annually.

G. The probation/parole district staff may request the court or the paroling authority to add, remove or modify any of the special conditions, including early termination of supervision, where indicated.

H. The conditions of probation/parole are furnished in writing to the offender. When a problem prevents an offender from understanding conditions of supervision, a field officer or other person should assist the offender in understanding them. The offender acknowledges in writing that he has received and understands the conditions or there is certification to that effect.

I. Written policy procedure and practice provide that access to supervision staff is available 24 hours a day. Offenders should be made aware that 24-hour access is available and informed of methods for obtaining access.

J. Written policy, procedure and practice provide that the security of the offenders offender's file and file material is maintained.

K. Written policy, procedure and practice preclude offenders from being confronted with possible probation/parole violations for failure to meet financial obligations other than those that are conditions of probation/parole.

L. Written policy, procedure and practice provide for reviews of offender progress with recommendation of early termination of supervision where indicated. The results of such reviews are recorded in the case file.

M. Male and female offenders under supervision have equal access to all agency programs and activities.

N. Written policy, procedure and practice define, in accordance with the courts or parole authority, the types of minor violation that can be resolved by field staff.

O. Written policy, procedure and practice require that all alleged probation/parole violations be reviewed by the probation and parole officer with the supervisor prior to formal violation proceedings.

P. Written policy, procedure and practice provide that all arrests and alleged probation/parole violations are investigated immediately; all serious arrests and major probation/parole violations are reported promptly in writing to the proper authority. A serious incident report will be sent to the regional director and the deputy director as required by directives and procedures.

Q. Written policy, procedure and practice require that a probable cause hearing be held within 14 calendar days upon notification of the arrest and detention of the parolee or the lodging of the detention warrant. However, when there has been a conviction or a finding of probable cause on new criminal charges, the preliminary hearing is not required.

R. The probable cause hearing is held in or near the community where the violation is alleged to have occurred or where the offender has been taken into custody whenever possible.

S. Written policy, procedure and practice provide that the probable cause hearing may be delayed or postponed for good cause and the parolee may waive the hearing if first informed of his rights pertaining to the hearing and the consequences of waiving the hearing.

T. When requested by the revoking authority, a member of the administrative staff conducts a probable cause hearing and makes findings as to probable cause for revocation.

U. Written policy, procedure and practice require that the probable cause hearing is conducted by an administrative staff member who has no knowledge of the alleged violations.

V. Written policy, procedure and practice require that at least three days prior to the probable cause hearing, the parolee is notified in writing of the time and place of the hearing and of the specific violation or violations charged. The parolee is also advised in writing of the right to:

1. Present evidence and favorable witnesses.

2. Disclosure of evidence.

3. Confront adverse witnesses, unless the witnesses would be subjected to a risk of harm.

4. Have counsel of choice present or, in the case of indigent persons who request assistance to adequately present their case, may have counsel appointed.

5. Request postponement of the hearing for good cause.

W. Written policy, procedure and practice specify that the person who conducts the probable cause hearing determines whether there is probable cause to revoke parole and hold the offender for a revocation hearing before the revoking authority. The revoking authority may empower the hearing officer to defer the revocation recommendation, restore the offender to supervision, and employ available sanctions or report the findings and recommendation to the authority for a decision as to revocation. The hearing officer issues a verbal decision or recommendation immediately after the hearing and provides a written decision to the offender within 21 calendar days of the hearing.

X. Written policy, procedure and practice specify that the parolee is recommended for incarceration only when probable cause is found at the probable cause hearing and when it is determined, after considering the appropriateness of less severe sanctions, that the clear interest of the public requires incarceration.

Y. When violations occur, alternatives to revocation and incarceration are considered to the extent that public safety is not endangered and the possibility of successful community adjustment exists.

Z. Written policy, procedure and practice govern, in conformance with prevailing law, cooperation with law-enforcement agencies in efforts to apprehend offenders known to be or suspected of being involved in criminal activities.

AA. Written policy, procedure and practice specify the types of actions required to locate and recover absconders.

BB. Written policy, procedure and practice govern the exercise of authority for the arrest and detention of offenders pending a determination by the revoking authority as to whether probation/parole should be revoked.

CC. The authority for the arrest and detention of offenders is exercised only upon adequate evidence of a probable serious violation or repeated pattern of violation of conditions and a compelling need for detention pending the revoking authoritys initial revocation decision.

DD. Written policy, procedure and practice provide for the use of physical force only in instances of justifiable self-defense and protection of others and in accordance with appropriate statutory authority. Only the minimum force necessary is employed.

EE. All incidents involving use of physical force are reported full, promptly and in writing to administrative staff for their information and review. All injuries are reported in writing and treated promptly.

FF. Special supervision reports are prepared whenever an unusual situation involving the offender occurs.

GG. Written policy, procedure and practice require that all offenders are informed of the grievance process available to them at the time of the initial interview.

HH. Written policy, procedure and practice govern the transfer, acceptance, rejection, or termination of interest in cases to and from other jurisdictions in accordance with the Rules effective January 1, 2007, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

II. Written policy, procedure and practice provide that probationers and parolees will sign all current Interstate Compact forms found on the interstate website (www.interstatecompact.org) that are necessary for movement and acceptance in the receiving state. The receiving district has 30 days from receipt of the request to conduct the investigation and provide a response.

JJ. Written policy, procedure and practice provide that the receiving state shall assume supervision standards and services that prevail for its own probationers and parolees, as well as for the sending states. The duration of supervision will be determined by the sending state and by court order. The degree of supervision shall be determined by the receiving state.

KK. Written policy, procedure and practice provide that required reports be submitted annually, upon case closure or upon request per the Rules effective January 1, 2007, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

LL. Written policy, procedure and practice provide that the receiving state shall be notified of any significant violations of parole and probation within 30 days per the Rules effective January 1, 2007, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

MM. Written policy, procedure and practice provide that preliminary on-site hearings will be conducted under the rules of the receiving state following due process as required by law.

NN. Written policy, procedure and practice provide that the initial personal contact between the newly released offender and the field staff takes place as soon as possible, but not more than five ten working days after the offenders offender's release to supervision unless otherwise agreed upon prior to release.

OO. Parole violation reports are submitted within five working days after the hearing.

PP. The probation and parole staff provides assistance and services to ex-offenders who request such help consistent with the provisions of subdivision 3 of §53.1-145 of the Code of Virginia and applicable procedures.

QQ. The district cooperates in providing information on the legitimacy of transition visits.

Statutory Authority

§53.1-5 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. January 24, 2008.