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009-00 BOARD OF SUPERVISORS RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS RE- ESTABLISHING, BY JOINT ACTION OF THE BOARD OF SUPERVISORS OF THE COUNTIES OF CLARKE, WARREN, SHENANDOAH, AND PAGE; AND THE COMMON COUNCIL OF THE CITY OF WINCHESTER, THE OLD DOMINION COMMUNITY CRIMINAL JUSTICE BOARD WHEREAS, the Virginia General Assembly has adopted legislation entitled the Comprehensive Community Corrections Act for Local Responsible Offenders (Section 53.1-180 et.seq. ofthe Code a/Virginia) and the Pretrial Services Act (Section 19.2-152.2 et.seq. ofthe Code a/Virginia) both of which were effective July 1, 1995; and WHEREAS, the Old Dominion Community Corrections Program of the Frederick County Division of Court Services, and the Pretrial Services Program of the Clarke-Frederick-Winchester Regional Jail, have served the County of Frederick since 1995 by providing the judicial systern with sentencing alternatives and an alternative to incarceration for certain misdemeanant and felon offenders; and WHEREAS, sections 53.1-183 and 19.2 of the Code a/Virginia require that each city and county participating in the Community Corrections and Pretrial Services Programs establish a Community Criminal Justice Board; and, in the case of a multi-jurisdictional effort, that each jurisdiction mutually agree upon the number of appointments to said board; and WHEREAS, the establishment ofa multi-jurisdictional Community Criminal Justice Board will result in a reduction in administrative costs to each locality, enhanced funding priorities, an increase in grant dollars, promote efficiency in offender supervision and provide for a comprehensive regional offender data base. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors for the County of Frederick, Virginia: 1. That the County of Frederick; concurrently with the Counties of Clarke, Warren, Shenandoah and Page; and the City of Winchester, shall implement the Comprehensive Community Corrections Act for Local Responsible Offenders and the Pretrial Services Act provided herein. 2. That the Old Dominion Community Corrections Program of the Frederick County Division of Court Services, and the Pretrial Services Program of the Clarke-Frederick- Winchester Regional Jail, shall be responsible for the continued implementation of the cited legislative directives. Resolution - Community Criminal Justice Board September 27, 2000 Page 2 3. In consideration ofthe change to said legislation, effective July 1,2000, that it hereby re- establishes the Old Dominion Community Criminal Justice Board (CCJB); said board to be composed of the following members: . A general district court judge . A circuit court judge . A juvenile and domestic relations district court judge . A chief magistrate . A chief of police or sheriff . An attorney for the commonwealth . A defense attorney or public defender . A sheriff or regional j ail administrator . A local educator . A community services board administrator . A local government official from each participating locality . No more than 4 members at large, to be selected by the legislated board members 4. That the Old Dominion Community Corrections Program of the Frederick County Division of Court Services shall have the powers and duties prescribed by the Comprehensive Community Corrections Act for Local Responsible Offenders. 5. That the Pretrial Services Program of the Clarke-Frederick- Winchester Regional Jail shall have the powers and duties prescribed by the Pretrial Services Act. 6. That the County of Frederick shall continue to act as the administrative and fiscal agent for the Old Dominion Community Corrections Program and the Pretrial Services Program of the Clarke-Frederick-Winchester Regional Jail. 7. That this resolution shall be effective provided that the Counties of Clarke, Warren, Shenandoah and Page; and the City of Winchester, adopt a similar resolution. ADOPTED this 27th day of September 2000. Upon motion made by W. Harrington Smith, Jr. and seconded by Robert M. Sager, the above resolution was approved by the following recorded vote: Resolution - Community Criminal Justice Board September 27,2000 Page 3 Richard C. Shickle Aye Charles W. Orndoff, Sr. Aye W. Harrington Smith, Jr. Aye RESOLUTION NO.: 009-00 C :\T JP\resolutions\FY2000-200 I \CommCrimJ usticeBoard. wpd Robert M. Sager Margaret B. Douglas Sidney A. Reyes A COPY TESTE: ~-Ic{ i~ . Riley, Jr. Clerk, Board of Supervisors County of Frederick, Virginia Aye Aye Aye r;J;; 1/~ ;:):i COUNTY of FREDERICK Division of COllrt ServIces Scott Anderson Director 540/665-50,3 Fax 540/678-0730 August lO, 2000 Mr. John R. Riley, Jr. Frederick County Administrator 107 North Kent Street Winchester, Virginia 22601 In Re: New Legislation Dear Mr. Riley: Recent changes made by the Virginia General Assembly to the Comprehensive Community Corrections Act and the Pretrial Services Act require restructuring of Community Criminal Justice Boards (CCJBs) to include the mandatory appointment of a local government official from each participating locality (Section 53.1-183 of the Code of Virginia). Local government officials are: . Members of the locality's governing body (the board of supervisors or city council) . City or county managers, county administrators or executives . Assistants or deputies appointed by the governing body as defmed in Sections 15.2-102 and 15.2-1502 of the Code of Virginia. The County of Frederick has participated in the implementation of the Comprehensive Community Corrections Act and Pretrial Services Act since August of 1995. This has been through multi-jurisdictional participation with the Counties of Clarke, Warren, Shenandoah and Page; and the City of Winchester (I have enclosed a copy of the County of Frederick's resolution of August 9, 1995). The Old Dominion Community Corrections Program of the Division of Court Services, and the Pretrial Services Program of the Clarke-Frederick- Winchester Regional Jail, have been responsible for the implementation of said legislation. The County of Frederick has acted as the administrative and fiscal agent for the programs. Your appointment to the CCJB by the Frederick County Board of Supervisors meets the criteria of the new legislation. However, it will be necessary to ask the other five participating jurisdictions to appoint another individual, as their current representatives do not meet the new criteria. 317 South Cameron Street . Winchester, Virginia . 22601 Old Dominion A. SAP. I Community Corrections Program . Starting Point P.I.C. "Detox' " John R. Riley, Jr. Restructuring of CCJ B Page 2 In addition, a special condition of continued grant funding requires new ordinances or resolutions from the participating localities. I have drafted a resolution, similar to the one passed in 1995, for the consideration of the Frederick County Board of Supervisors. Copies of these resolutions from the participating localities must be received by the Department of Criminal Justice Services by October 1,2000. Either I, or Jesse Decker-Community Corrections Program Coordinator, will contact you to discuss this issue. In addition, I have enclosed a copy of a memorandum from Mr. Dan Catley, Director of the Correctional Services Section of the Department of Criminal Justice Services, which gives more details about the legislative changes that will affect all Community Corrections and Pretrial Services Programs. Thank you for your attention to this matter. Please feel free to contact me, or Mr. Decker, should you have any questions. Sincerely, /) ~L~ Scott Anderson - Director Division of Court Services pc: file COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 August 11, 1995 JosephA. Walker Director. Division of Court Services 317 S. Cameron street P. O. Box 406 Winchester, VA 22604 Dear Joe: The Board of Supervisors for the County of Frederick, Virginia, meeting in a regular session on August 9 1995, appointed me to serve on the Community Criminal Justice Board. Please call if you have any questions. Sincerely, John R. Riley, Jr. County Administrator JRRjtjp 107 North Kent Street Winchester, VA 22601 P.O. Box 601 Wi,nchester, VA 22604 RESOLUTION NO.: 002-95 A RESOLUTIION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK ESTABLISHING, BY JOINT ACTION OF THE BOARDS OF SUPERVISORS OF THE COUNTIES OF CLARKE, WARREN, SHENANDOAH AND PAGE; AND, THE COMMON COUNCIL OF THE CITY OF WINCHESTER, THE OLD DOMINION COMMUNITY CRIMINAL JUSTICE PROGRAM. WHEREAS, the virginia General Assembly has adopted legislation entitled the Comprehensive community Corrections Act for Local Responsible Offenders ( Section 53.1-180 et. ~ of the Code of Virginia) and the Pretrial Services Act (Section 19.2-152.2 et. ~ of the Code of virginia) both of which are effective July 1,1995; and WHEREAS, the Blue Ridge Community Diversion Incentive Program has served the County of Frederick since 1981 and provided the judicial system with sentencing alternatives for certain misdemeanants and persons convicted of non-viOlent felonies; and WHEREAS, Sections 53.1-183 and 19.2-152.5 of the Code of virginia require that each county and city participating in Community Corrections Programs and Pretrial Services Programs establish a community Criminal Justice Board; and, in the case of mUlti-jurisdictional efforts that each jurisdiction mutually agree upon the appointments to said board; and WHEREAS, the establishment of a multi-jurisdictional Community Criminal Justice Board will result in reduction in administrative costs to each locality, enhanced funding priorities, an increase in grant dollars, promote efficiency in offender supervision and provide for a comprehensive regional offender database. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the county of Frederick: 1. That the County of Frederick concurrently with the Counties of Clarke, Warren, Shenandoah and Page; and, the City of Winchester shall implement the comprehensive Community Corrections Act for Local Responsible Offenders and the Pretrial Services Act as provided herein. 2. That the Blue Ridge Community Diversion Incentive Program and the Old Dominion Alcohol Safety Action Program be responsible for the implementation of the cited legislative directives and that the said Blue Ridge Community Diversion Incentive Program be renamed the Old Dominion Alcohol Sqfety Action Program and community corrections; and 3. That it hereby establishes the Old Dominion A.S.A.P. and Community Criminal Justice Board (the Board);said Board to be composed of members appointed previously to the Old Dominion A.S.A.P. Policy Board consisting of: a. The Chief Judge and Judges of the General District Courts. b. The Chief Judge and Judge of the Juvenile and Domestic Relations General District Courts. c. A Judge of the Circuit Court. d. A Commonwealth's Attorney. e. A Sheriff or Superintendent of a Regional Jail. f. An attorney who is experienced in criminal matters. g. The Executive Director of the Northwestern Community Services. h. The Chief of Police of the City of Winchester or his designee. i. A citizen appointed by each participating locality. j. The Chief Magistrate or a magistrate designated by the the Chief Magistrate 4. That the Division of Court Services, Old Dominion A.S.A.P. and Community Corrections Programs shall have the powers and duties prescribed by the comprehensive Community Corrections Act for Local Responsible Offenders and the Pretrial Services Act. The county of Frederick shall act as the administrative and fiscal agent for the Old Dominion A.S.A.P. and Community Corrections Programs. 5. That this resolution shall be effective provided the Counties of Clarke, Warren, Shenandoah and Page; and, the City of Winchester adopt a similiar resolution. At a Regular Meeting of the Frederick County Board of Supervisors, held on the 9th day of August, 1995, upon motion made by W. Harrington Smith, Jr. and seconded by James L. Longerbeam, the above resolution was approved by the following recorded vote: Richard G. Dick W. Harrington Smith, Jr. James L. Longerbeam Aye Aye Aye Robert M. Sager Jimmie K. Ellington Charles W. Orndoff, Sr. Absent Aye Aye A COPY TESTE: JO~<+ County 4dministrator MEMORANDUM: June 23, 2000 To: CCCA / PSA Program Directors C CJB Chairs Criminal Justice Planners From: Dan Catley, Correctional Services Section, DCJS Re: New Legislation *******************************.****************************************************** This memorandum is intended to provide guidance to programs and localities in the implementation of the new legislation which becomes effective July 0 I, 2000. The major changes include the following: · anoathofofficeforCCCA/PSAstaff (~~ 19.2-152.4:1 and53.1-182.l:I), · the authority of CCCA / PSA officers to seek a capias in certain circumstances (~~19.2-152.4:1 and 19.2-303.3C). · restructuring of CCJBs to include the mandatory appointment of a local government official from each participating locality (953.1-183), and . a broader definition of the responsibilities of CCJBs to include the review of criminal justice grants, oversight of the development and amendment of the community-based corrections plan. and facilitation of a reasoned response to crime in local communities C~53.1-185). 1. Oath of Office Legislation As of July I, 2000, all local probation and pretrial services officers must take an oath of office. The oath must be administered no later than September 1, 2000 for existing staff and within 30 days of employ for new staff hired after September 1. Existing full-time permanent staff such as directors, coordinators, pretrial investigators, local probation officers and pretrial services officers must be sworn. This includes locally funded positions, if they investigate cases or appear before the court. Permanent part-time staff who are investigators and case managers should be sworn if they are considered employees of approved local programs. In accordance with S 15.2-1512, this includes local government employees or employees of agencies delegated by the locality to provide program services. Clerical and administrative staff, wage-earners, shift relief workers, temporary agency contractors, contract treatment providers and other non-classified employees shall not be sworn. Through a Joint effort of the Virginia Criminal Justice Association and the DCJS. the stJ.nd:.lrJ st:.ltutory oath or" office um!.:r;.l'.L I In.s been ~~rnc;:.::c ;,J .c:;cc; ,:,c l:lJ~.C', ,," pretrial senices and 'oe.t! probation officers. This legislalion was designed (0 provIJe protection and credibility (0 pretrl:.ll services and local probation officers. "DutIes" should be interpreted as any activity involving defendant and offender contact related to investigation. supervision or appearance before the court. and the other services spc:cifically outlined in the Pretrial Services Act and the: Comprehensive Community Corrections Act for Local Responsible Offenders. This legislation should not be interpreted to mean that staff are "judicially appointed" nor should it be interpreted as conveying authority to make arrests or carry weapons (as is the case with state probation and parole officers under ~ ~ 53.1-143 and 53.1-145). This legislation should not be interpreted as empowering local officers as . ". ._,,_._.,~,... ....c ..1_" ....."".,"" ._,,:,1 .~_. ,.......,.... ....~ __ " I _I' ......, _ . _ _ . ,'."',..... .....v I 1';'",1 V..J.lVl.') Vi UI.... 1;-'.....<.4""....., ..)r'.........d.....J. '-Vll.)....l Vu.LUl.), Vi .,)..!:-'C....I.....! PVlll...C: Ullh...c!.) ~<.l.') 1I1 ~~ ~ /._- 12,19.2-13,15.2-5706 or 15.2-1737). The oath may be administered by any general district or circuit court judge in any county or city participating in the program. Standard language, which is mandatory, is attached. Pretrial services officers should be sworn using the pretrial language, and local probation officers should be sworn using the CCCA language. Directors, coordinators, senior case managers and staff who are in a supervisory position over both community corrections and pretrial services should be sworn for both PSA and CCCA. 2. Authority to Seek a Warrant or Capias This legislation conveys the authority to local pretrial services and local probation officers to seek. under certain circumstances, a warrant or a capias from any judicial officer (i.e. a judge. magistrate or a clerk of court) for the arrest of :lny person under [he supervision of their programs. These circumstances are: For pretrial services programs: 1. failure to comply with any conditions of release imposed by a judicial officer, II. failure to comply with conditions of supervision as established by the pretrial servIces agency, 111 where there is reason to believe that the person will fail to appear, will leave, or has left the jurisdiction to avoid prosecution. For local community-based probation programs: i. intractable behavior, 11. refusal to comply with terms and conditions imposed by the court, III refusal to comply with requirements established by the program (3tandard conditions), IV commission of a new offense while under supervision. "Intractable" behavior is to be determined by the court, but generally refers to disruptive and uncooperative behavior which impairs successful completion of the program. Pretrial services and local probation officers should staff these cases carefully with their program directors. In order to preserve the integrity of this process and to ensure uniformitv across programs, a standard procedure for seeking a warrant or capias will bedeveloDed. Under no circumstances should the authority to seek a capias he interpreted as the authority to arrest or to carry a weapon. 3. Restructurinl:! of CCJBs to Include Mandatorv Appointment of a Local Government Official CCJBs require local commitment, involvement, and creativity. This legislation conveys the authority upon local governments to determine the number of CCJB appointments. and mandates the appointment of a local government official from each participating locality. Local government officials are . members of a locality's governing body (the board of supervisors or city council) . city or county managers, county administrators or executives . assistants or deputies appointed by the governing body as defined in ssI5.2-102 and 15.2-1502. This legislation does not affect the originally mandated members of CCJB's: . A general district court judge . A circuit court judge . A juvenile and domestic relations district court judge . A chief magistrate . A chief of police or sheriff . An attorney for the Commonwealth . A defense attorney or public defender . A sheriff or regional jail administrator . A local educator . A community services board administrator Absent any of these mandated members, a CCJB is non-compliant with the statutory framework. It should be noted that there is no statutory authority for mandated CCJB members to appoint representatives or designees to act on their behalf in either the current statute or the July 1,2000 amendment. To ensure that localities have effectively implemented this legislation, a condition of CCCA / PSA grant funding for FY 2001 will be to provide DCJS with copies of local government resolutions or ordinances by October 1, 2000. [As you consider these newly mandated changes to the CCJB, it may also be appropriate to use this opportunity to consider other changes in the membership of the board. This legislation (~ 53.1-1 WI) eliminates the prior restrictions on CCJB size. therehv allowin'Z participating localities to re-examine both the number and the nature of the m~mbership~ The expanded role of the board suggests an expanded representation of decislon-rnar..-:I:i with interests in areas relating to the problems of crime and public safety as seen in ~ community. Do be cautious about growing your board so large as to be unwleldv. However, I would strongly suggest you consider strengthening your CCJB by adding' a public health representative, a victim's advocate and, most especially, at least one more Juvenile justice expert. Some CCJBs and similar boards in other states have added state probation and parole, ex-offenders, media representatives, and others as members. Some mix of the :ibove is potentially ideal for your bO:ird as you approach those problems which r:iise speci:d concerns for your community. This '.vould be :in excellent time to consider adding such representatives to your CCJB or a CCJB sub-committee.] 4. Expansion of CCJB Responsibilities Since their development, CCJBs have functioned as major policy and advisory boards for local criminal justice systems. The new legislation recognizes this fact and broadens the purview of CCJBs to include not only issues surrounding the CCCA and PSA, but also: · Advising on the development and operation of local pretrial services and local probation programs, · Developing, overseeing and amending the community-based corrections plan (for jail project construction reimbursement) and the criminal justice plan, · Reviewing the submission of all criminal justice grants, regardless of the source of funding, · Facilitating local involvement and f1exibility in responding to local crime, and . Doing all things necessary and convenient to carry out these responsibilities. As there have been many questions already regarding the interpretation of "reviewing the submission of criminal justice grants", the following should be used as a guideline by CCJBs in this process: . Does the grant best serve the interests and needs of the locality? . Does the grant propose a duplication of services already in place? . Is the agency seeking to implement the grant project the appropriate agency to do so) . Does the grant negatively affect the current or future budget of any locality') . Are all affected offices and agencies aware of the application and its implications') Many CCJBs around the state have already taken on these duties and have accomplished far-reachin'" "'oals servin",'" the interests of their communities. "'0 5. Conclusion The new legislation will bring about many beneficial changes for localities, local programs and CCJBs. DCJS and the VCCJA Legislative Committee have worked hand in hand over the past year to effect these changes. In FY 200 I, we will see local probation officers and pretrial services officers given added credibility and authority, and the role of CCJBs expanded to better address local needs. It is DCJS' s intent to work closely with localities and to provide them with the technical assistance necessary [0 implement these changes.