CHAPTER 327

An Act to amend and reenact §§ 53-266, 53-268, 58-271, 58-272 as amended,
58-278, and 53-279 of the Code of Virginia, and to amend the Code by
adding thereto two sections numbered 53-266.1 and 53-278.5 relating
to the Virginia Parole Board, probation and parole officers, salaries,
chief probation officer, suspension of sentence and placing on proba-
tion, powers and duties of probation officers, appointment, arrest of
probationer without warrant, duties of Virginia Parole Board.

[S 139]
Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:

1. That §§ 53-266, 53-268, 53-271, 53-272 as amended, 53-278 and 53-279
of the Code of Virginia be amended and reenacted, and that the Code of
Virginia be amended by adding §§ 53-266.1 and 53-278.5, the amended and
new sections being as follows:

§ 53-266. The judges of all courts of record of this State having juris-
diction of criminal cases and police justices * may appoint one or more *
qualified persons, male or female * as probation officers under the direction
of the court making such appointment. The appointing judge or justice
may remove for cause any probation officer after due notice and oppor-
tunity to be heard. The appointment of a probation officer and designation,
where proper, of a Chief Probation Officer shall be made upon the recom-
mendation of the * Parole Board, shall be in writing and entered on the
records of the court of the judge making such appointment, and copies of
the order of appointment shall be delivered to the officer so appointed, and
filed in the office of the * Parole Board. Each probation officer, before en-
tering upon the duties of his office, shall take an oath of office, to be
administered by the judge making the appointment.

§ 53-266.1.—Nothing in this article shall be taken to limit in any way
the provisions of § 53-244 pertaining to the appointment of probation and
parole officers.

§ 58-268. The * Parole Board shall establish rules and regulations
pursuant to which appointments under this article shall be made to the
end that such appointments shall be based upon merit only.

§ 53-271. When more than one probation officer is appointed by the
same court or for the same judicial circuit as provided in § 58-266, the
judge making such appointments may designate one of the officers as chief
probation officer. The officer so designated shall have supervision over the
work of the other officers under the direction of the court.

§ 53-272. After a plea, a verdict or a judgment of guilty in any court
having jurisdiction to hear and determine the offense, with which the
prisoner at the bar is charged, if there are circumstances in mitigation of
the offense, or if it appears compatible with the public interest, * the court
may suspend the execution of sentence, in whole or in part, or the imposi-
tion of sentence, or commitment, and may also place the defendant on pro-
bation under the supervision of a probation officer, during good behavior
for such time and under such conditions of probation as the court shall
determine. In case the prisoner has been sentenced for a misdemeanor and
committed, or in case a jail sentence has been imposed upon the prisoner
upon conviction of a felony, the court, or judge of such court in vacation
may at any time before the sentence has been completely served, suspend
the unserved portion of any such sentence.

In case the prisoner has been sentenced but not actually committed and
1 to the penitentiary for a felony the court which heard the case,
pears compatible with the public interest and there are circum-
in mitigation of the offense, may place the defendant on probation
1e supervision of the probation officer during good behavior, for
ne and under such conditions of probation as the court shall
1e.

any case wherein a court is authorized to suspend the imposition
tion of sentence, such court may fix the period of suspension for a
le time, having due regard to the gravity of the offense, without
-o the maximum period for which the prisoner might have been
d.

‘ase the prisoner has been sentenced and committed to the peniten-
r a felony and the sentence is partially suspended, for purposes
behavior credit and for parole eligibility, the term of imprisonment
that portion of the sentence which was not suspended.

3-278. Every probation officer shall thoroughly investigate all
ferred to him for investigation by any court in which he is serving
ll report thereon to the court. The probation officer shall furnish
person placed on probation under his supervision a written state-
the conditions of probation and shall instruct him regarding the
‘he conditions shall be prescribed by the judge having jurisdiction
ase. The probation officer shall keep informed concerning the con-
1 condition of each person under his supervision by visiting, re-
reports and in other ways, and shall report thereon * as ordered
ourt placing such person on probation. He shall use all suitable
, not inconsistent with the conditions imposed by the court, to aid
ourage persons on probation and to bring about improvement in
nduct and condition. He shall keep detailed records of his work,
ep accurate and complete accounts of all moneys collected from
under his supervision, shall give receipts therefor, and shall make
nonthly returns thereof. He shall make such reports to the * Parole
s it may require. * Any probation officer when so directed by the
‘or which he is serving shall * accept for supervision persons condi-
released * pursuant to § 18.1-202. Every probation officer appointed
le provisions of this article shall have all the powers and authority
ce officer.

-278.5. Any probation officer appointed pursuant to this Title may
probationer without a warrant, or may deputize any other officer
ver to arrest to do so, by a written statement setting forth that the
ner has, in the judgment of such probation officer, violated one or
the terms or conditions upon which such probationer was released
ution. Such a written statement by a probation officer delivered
fficer in charge of any local jail or lockup shall be sufficient
for the detention of the probationer.

3-279. The * Parole Board shall cooperate in every way possible
courts of this Commonwealth in putting this article into operation
cing it effective and useful. It shall conduct examinations or in-
is to the fitness of applicants for appointment as probation officer
ll make recommendation thereon to the proper courts. It shall
standard forms for the use of probation officers, and shall in
supervise and foster probation work in this State.