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A BRIEF HISTORY OF LAW ENFORCEMENT IN VIRGINIA...

In the colonial days of Virginia, the Sheriff or Shire-reeve was a formidable figure. He was vested with as much dignity as their counterpart in England, this Officer of the County Court was the collector of public and parish levies, keeper of the County prison and public hangman. Acting as an arresting officer, they were required to physically lay hands upon the accused. They could use force, break down doors, commandeer anyone or anything — people, horses, boats — when pursuing a felon.

 

In that time, the Governor and council appointed the Sheriff's upon recommendation of the county commissioners. Today, the Sheriff is a Constitutional Officer, one of two elective Officers in the criminal justice system. The Sheriff is responsible for local jails and is the administrative officer of the court. They also perform other criminal law enforcement and civil law functions as needed.

 

The current position of Sheriff is established by the Virginia Constitution, with the Sheriff and his/her deputies having both civil and concurrent criminal jurisdiction county or city wide. Sheriffs’ terms are for 4 years and are not term-limited. A Sheriff is the chief law enforcement officer of a county or any area that does not have an established police department. 

 

Unlike other states, the Sheriff is not necessarily the chief law enforcement officer; in a city that has a police department, a Chief of Police has that distinction according to statute. However, a Sheriff is chief law enforcement officer in any county. In such areas, the Chief of Police is the highest-ranking officer, such as in incorporated towns or cities.

 

Virginia is unique in that all cities are independent jurisdictions and are completely separate from any county. Thus, most cities (with few exceptions listed below) have elected Sheriffs, most of which focus on court and jail operations. By law, Sheriffs can enforce all the laws of the Commonwealth in the jurisdiction they serve. Some city Sheriffs also work alongside the city police in responding to calls and enforcing traffic violations.

 

Some cities however, grew out of a county and still use that county's sheriff for civil process and court services. (Covington, Fairfax, Franklin, Galax, Harrisonburg, Manassas, Manassas Park, Williamsburg) Those county Sheriff's Offices still have concurrent jurisdiction in those cities but do not generally exercise them, allowing the city police to handle criminal/traffic matters. All Sheriffs are responsible for civil process, jails, serving levies and holding Sheriff's sales to satisfy judgements.

 

in 1983, the Virginia General Assembly passed legislation allowing counties to establish police departments by referendum, only 8 counties (Albemarle, Arlington, Chesterfield, Fairfax, Henrico, James City, Prince George & Prince William) have done so. In most of those counties, the Sheriff's Offices exercise criminal enforcement authority sharing it with the county police, but generally let the county police investigate most crime.

 

In early 1987 the General Assembly mandated the uniforms for all Sheriffs to be dark brown shirts and tan pants that have a brown stripe. Sheriff's Office vehicles were to be dark brown with a five-point star on the front doors and "Sheriff's Office" on the trunk. The five-point star must have the jurisdiction's name in a half circle on the star and "Sheriff's Office" in a half circle under that.

 

In the early first decade of the 21st century, legislation was passed to allow Sheriffs to purchase white vehicles (if agreed to by the city or county), and allowed Sheriffs' Deputies to wear any color uniform the Sheriff chose. Sheriff's vehicles still must have the star on the front doors and markings on the trunk as before.

 

The Sheriff's Office, in conjunction with local police departments, assist with controlling traffic, issuing traffic summonses, and working with state and local law-enforcement agencies. Additionally, Sheriff's Deputies aid the county and city police, the United States Marshals Service, and the Federal Bureau of Investigation in a joint fugitive task force that provides apprehension and arrest of felons who face current warrants. Sheriffs are also solely responsible for executing detention orders for those who are ordered to receive mental health care.

 

Deputy Sheriffs are the only members of law enforcement that can be dual-certified in civil process/courts and basic law enforcement. There is no distinction made by title, all those who work for a sheriff are Deputies. Police officers are prohibited from performing civil process or court duties. All deputies and police officers must meet state certification standards as set by  the DCJS (Department of Criminal Justice Services).

 

In Northern Virginia the Sheriff's responsibilities have changed from that of being the sole law enforcement official for their counties, to performing only traditional court-related functions but with wide-ranging duties in coordination with a county police department in the suburbs of the nation's capital. When these county police departments were formed they assumed patrol, investigative, crime fighting, and transportation safety responsibilities.

 

By law, Sheriffs are not elected at the same time. County Sheriffs are sworn into office on even-numbered years; city Sheriffs are sworn into office on odd-numbered years. All deputies must be re-sworn after each election. Sheriffs have complete authority to hire and fire as they see fit; Deputy Sheriffs serve at the sole pleasure of the Sheriff. Sheriff's Offices are completely funded by the state, unless a county or city wishes to supplement with funding. For example, in Northern Virginia, Sheriff's Offices are funded by a county or city.

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