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2021-03-01 Supporting the Expansion of Local Probation and Pretrial Services Programs PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION#2021-03-01 SUPPORT FOR EXPANSION OF LOCAL PROBATION AND PRETRIAL SERVICES PROGRAMS VIRGINIA, at the Regular Meeting of the Pittsylvania County Board of Supervisors ("Board"), held on March 16,2021,the following Resolution was presented and adopted: WHEREAS, the Commonwealth of Virginia, in the interest of Community Corrections and Pretrial Services,has provided by law for any City,County,or combination thereof to develop, establish, and maintain a Local Pretrial Services or Community-based Probation Program. The Community-based Probation Program provides the Judicial System with sentencing alternatives for certain local-responsible offenders pursuant to Article 9 (Section 9.1-173 et seq) of Chapter 1 of Title 9.1 of the Code of Virginia, 1950, as amended. Such Programs shall provide services to include, but not limited to: community service, probation supervision, home incarceration, substance abuse assessment, drug testing, and substance abuse treatment. The Local Pretrial Program will assist Judicial Officers in discharging their duties pursuant to Article 1 (Section 19.2- 152.2 et seq)of Chapter 9 of Title 19.2 of the Code of Virginia, 1950, as amended; and WHEREAS, Halifax/Pittsylvania Court Services has administered the Community Corrections Program for Halifax and Pittsylvania Counties since July 1, 1995, and the Pretrial Program for these localities since April 1, 1996, and has administered Community Corrections to the City of Danville since September 7, 2004, and the Pretrial Program since October 1, 2009. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board that Pittsylvania County shall pursue funding through a joint exercise of powers, as authorized by Section 15.2- 1300 of the Code of Virginia, 1950,as amended,with the Board,Halifax County,Patrick County, Franklin County, and the City Councils of Danville and Martinsville, for a Community-based Probation Program and a Pretrial Services Program. Such Programs are to be administered by the Agency currently operating as Halifax/Pittsylvania Court Services. The Programs' operations will be as follows: 1. A Community Criminal Justice Board("CCJB")will be established to represent the Counties of Halifax, Pittsylvania, Henry, Patrick, and Franklin and the Cities of Danville and Martinsville. Appointments to the CCJB shall be made by each local governing body, and each local governing body shall agree upon appointments. The CCJB shall have no more than thirty- five(35)members. Unless otherwise agreed upon, each participating County shall have an equal number of appointments. Each CCJB shall include, at a minimum, the following mandatory members: a member from each governing body or a City or County Manager, County Administrator or Executive,or Assistant or Deputy appointed by the governing body;a Judge of the General District Court; a Circuit Court Judge; a Juvenile and Domestic Relations District Court Judge; a Chief Magistrate; one Chief of Police or the Sheriff in a jurisdiction not served by a police department to represent law enforcement; an Attorney for the Commonwealth; a Public Defender, and/or an attorney who is experienced in the defense of criminal matters; a Sheriff or the Regional Jail Administrator responsible for jails serving those jurisdictions involved in the Local Pretrial Services and Community-based Probation Program; a local educator; and a Community Services Board Administrator. 2. The CCJB will serve the counties of Halifax, Pittsylvania, Henry, Patrick, and Franklin and the Cities of Danville and Martinsville in accordance with Section 9.1-180 of the Code of Virginia, 1950, as amended. 3. Halifax County will act as Fiscal Agent, and the County Administrator for Halifax County will represent the board as Program Administrator. 4. Localities are required to establish Local Pretrial Services and Community-based Probation Programs only to the extent funded by the Commonwealth through the General Appropriations Act, and funding shall be used for the provision of services and operations of Programs. 5. The Program is authorized to acquire furniture and equipment as the Fiscal Agent deems necessary or advisable for the optimal operation of the Program. Any title to such furniture and equipment shall be vested in the Program, so long as the seven (7) political subdivisions continue to participate in this Agreement. If only one (1) political subdivision continues to administer the Program, it shall cease to operate as a joint exercise of power, and property then owned by the Program will be disposed as follows: A. Any property owned by the Program prior to July 1, 1995, or purchased with Grant Funds since that date, shall remain the property of the political subdivision that continues to administer said Program. B. Any property owned by Halifax County, but on loan to the Program, shall be returned to Halifax County, should Halifax County withdraw from this Agreement. C. Any property owned by Pittsylvania County, but on loan to the Program, shall be returned to Pittsylvania County, should Pittsylvania County withdraw from this Agreement. D. Any property owned by the City of Danville, but on loan to the Program, shall be returned to the City of Danville, should the City of Danville withdraw from this Agreement. E. Any property owned by Henry County, but on loan to the Program, shall be returned to the Henry County, should Henry County withdraw from this Agreement. F. Any property owned Patrick County, but on loan to the Program, shall be returned to Patrick County, should Patrick County withdraw from this Agreement. G. Any property owned by Franklin County, but on loan to the Program, shall be returned to the Franklin County, should the Franklin County withdraw from this Agreement. H. Any property owned by the City of Martinsville,but on loan to the Program, shall be returned to the City of Martinsville, should the City of Martinsville withdraw from this Agreement. 6. This Agreement shall remain in effect for one (1) year commencing April 1, 2021, and shall continue thereafter automatically from year-to-year, unless terminated by unanimous agreement of all participating governing bodies. Any locality wishing to withdraw from the Program may, at the beginning of any calendar quarter, by Ordinance or Resolution of its governing authority, notify the Director of the Department of Criminal Justice Services of its intention to withdraw from the Community Corrections Program. Such withdrawal shall be effective as of the last day of the quarter in which such notice is given. Given under my hand this 16th day of March, 2021. deA"-f------ • R bert("Bob") W. Warren, Chairman *.'-`— �`• Pittsylvania Coun oard of Supervisors . an, CI r Pittsylvania County Board of Supervisors Approvedto or : TJVLL7 J. Vaden Hunt, Esq. Pittsylvania County Attorney