VIRGINIA PRETRIAL SERVICES

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VIRGINIA PRETRIAL SERVICESTRAINING & RESOURCE MANUALTable of ContentsINTRODUCTION. 1OVERVIEW . 2Virginia Pretrial Services . 2Legal Authority . 2Mission Statement. 2Program Goals. 2Program Objectives. 2Primary Program Resources . 3Virginia Department of Criminal Justice Services . 3Virginia Community Criminal Justice Association. 3National Association of Pretrial Services Agencies (NAPSA). 3Pretrial Services Resource Center (PSRC) . 3VIRGINIA LAWS RELATING TO PRETRIAL SERVICES. 4§19.2-152.2Purpose; establishment of program. 4§19.2-152.4:3Duties and responsibilities of local pretrial services officers. 4§19.2-152.4:1Form of oath of office for local pretrial services officer; authorizationto seek capias or warrant. 5§19.2-152.4Mandated services. . 5§19.2-119Definitions. 5§19.2-120Admission to bail. . 6§19.2-121Fixing terms of bail. . 7§19.2-123Release of accused on secured or unsecured bond or promise toappear; conditions of release. 8§19.2-124Appeal from order denying bail or fixing terms of bond orrecognizance. . 9§19.2-130Bail in subsequent proceeding arising out of initial arrest. .10§19.2-132Motion to increase amount of bond fixed by magistrate or clerk;when bond may be increased. .10§19.2-80.2Duty of arresting officer; providing magistrate or court withcriminal history information. .10§19.2-152.4:2Confidentiality of records of and reports on adult personsunder investigation by or in the custody or supervision of alocal pretrial services agency; no right of review or correctionby subject of record or report.11§2.2-3706Disclosure of criminal records; limitations. .11§19.2-389Dissemination of criminal history record information. .13§19.2-389.1Dissemination of juvenile record information.17§16.1-300Confidentiality of Department records.18§16.1-305Confidentiality of court records.18§16.1-307Circuit court records regarding juveniles. .19§9.1-178Community criminal justice boards.20§9.1-180Responsibilities of community criminal justice boards.20§19.2-152.3Department of Criminal Justice Services to prescribe standards;biennial plan. .21i

29§19.2-135Defeating drug and alcohol screening tests; penalty.21Bodily injuries caused by prisoners, state juvenile probationersand state and local adult probationers or adult parolees. .21Carnal knowledge of an inmate, parolee, probationer, detainee orpretrial or post-trial offender; penalty.22Personal appearance by two-way electronic video and audiocommunication; standards. .23Duty of court when accused appears without counsel. .23When person not free on bail shall be informed of rightto counsel and amount of bail.24Determination of indigency; guidelines; statementof indigence; appointment of counsel. .24Release pending appeal from conviction in court not of record .26Penalties for Failure to Appear .26Power of court to punish for contempt .26Commitment for trial; recognizance; notice to attorneyfor Commonwealth; remand on violation of condition .26DEPARTMENT OF CRIMINAL JUSTICE SERVICES GUIDELINES, STANDARDSAND POLICIES.28Minimum Standards for Local Community Corrections and Pretrial Services (2004) . 28PART IGeneral Provisions . 28§1.1 Definitions .28§1.2 Legal Authority.33PART ration of Agencies. . 33Mission Statement. .33Table of Organization.33Fiscal Management.33Personnel Policies and Procedures. .33Standard Operating Procedures. .34Records Management. .34Serious Incidents and Citizen Complaints. .35Performance Data and Information. .36PART IV§4.1§4.2§4.3§4.4§4.5§4.6Pretrial Services . 36Scope of Services.36Defendant Assessment. .36Judicial Officer Placement. .36Defendant Intake. 37Defendant Management.37Fees. .38PART V§5.1Transfer of Supervision . 38Transfer Procedures .38PART VII§7.1Training & Staff Development. 38Training and Staff Development.38Comprehensive Community Corrections Act and Pretrial Services Act: LocalCommunity-based Probation and Pretrial Services Program Guide forContinuation Funding FY2005-2006 . 39ii

Introduction. 39Authority & Purpose.39Eligibility Requirements .39Program Briefs .40Pretrial Services .40Discussion .40Program Service Models.40Program Services.41Program Targets .41Other Program Guidance . 42Operating Requirements.42Restrictions .43Supervision Case Transfer Guidelines. 45Purpose . 45Related Standard . 45Definitions . 45Policy . 45Transferring a Case .45Supervising Transferred Cases .47Returning and Closing a Transferred Case .47Mediating Disputes and Non-compliance .48Training & Staff Development Guidelines . 48Purpose . 48Related Standard . 49Definitions . 49Policy . 49Orientation / OJT.50Basic Training for Professional Employees .50Inservice Training .50Orientation / OJT for Clerical Employees.50Fee Collection Guidelines . 51Section 3.6 Fees.51Procedures for Capias/Motion for Show Cause. 52Definitions.52Intent.53Procedures for Seeking a Capias or Motion for Show Cause for Arrest of a PretrialDefendant or Local Probationer . 53Pretrial.53Local community-based probation.54Procedures for Seeking a Capias . 54Procedures for Seeking a Show Cause Summons . 55Procedures for Seeking a Warrant for Arrest. 55DRAFT NATIONAL ASSOCIATION OF PRETRIAL SERVICES AGENCIES RELEASESTANDARDS: 2003. 56PART I. General Principles Governing the Pretrial Process . 56Standard 1.1Purposes of the pretrial release decision.56iii

Standard 1.2Standard 1.3Standard 1.4Standard 1.5Standard 1.6Standard 1.7Standard 1.8Standard 1.9Presumption of release under least restrictive conditions and otheralternative release options.56Pretrial release agency or program.56Conditions of release.56Detention as an exception to policy favoring release .57Consideration of the nature of the charge in determiningrelease options .57Implication of policy favoring release for supervision in the community.57Notice to Victims.58Delegated authority to release defendants prior to first appearance 58PART II. Nature of First Appearance and Release/Detention Decision. 58Standard 2.1Prompt first appearance.58Standard 2.2Nature of first appearance.58Standard 2.3Release on personal recognizance.59Standard 2.4Setting conditions of release .60Standard 2.5Release on financial conditions .61Standard 2.6Court order concerning release .62Standard 2.7Basis for temporary pretrial detention for defendants on release inanother case .62Standard 2.8Grounds for pretrial detention.63Standard 2.9Eligibility for pretrial detention and initiation of the detentionhearing .64Standard 2.10Procedures governing pretrial detention hearings: judicial orders fordetention and appellate review.64PART III. Purposes, Roles, and Functions of Pretrial Services Agencies . 66Standard 3.1Purposes of pretrial services agencies and programs.66Standard 3.2Essential functions to be performed in connection with thedefendant's first court appearance .66Standard 3.3Interview of the defendant prior to first appearance.67Standard 3.4Organization and presentation of information provided to thejudicial officer for the release or detention decision.67Standard 3.5Monitoring and supervision of released defendants .68Standard 3.6Responsibility for ongoing review of the status of detaineddefendants .69Standard 3.7Organization and management of the pretrial services agencyor program .69Standard 3.8Information about individuals: limits on sharing of information andprovisions for protecting confidentiality.70Standard 3.9Resources .71PART IV. Management and Oversight of Pretrial Processes Following Initial DecisionsConcerning Release or Detention . 71Standard 4.1Re-examination of the release or detention decision: status reportsregarding pretrial detainees.71Standard 4.2Willful failure to appear or to comply with conditions.72Standard 4.3Sanctions for violations of conditions of release, including revocationof release .72

The Virginia Pretrial Services Training and Resource Manual is intended to serve as an instruction manual for new pretrial officers as well as an informative reference for existing staff. The manual contains all of the critical information and resources pretrial officers need to perform their duties as they relate to Pretrial Services.

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