Martinsville Sheriff's Office Rules & RegulationsPolicies & Procedures Manual

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TABLE OF CONTENTS

GENERAL PROCEDURES DIRECTIVE REFERRENCE

GP-1 On Call
GP-2 Mental Subjects
GP-3 RIPP Restraints GO 1-7
GP-4 Privacy and Security of Information
GP-5 Restraints Chair
GP-6 Dress Code RR 2-4-1.17
GP-7 Drug and Alcohol Testing RR 2-10
GP-8 Vehicle and Equipment Inspection
GP-9 Summer/Winter Uniform RR 2-4 Suspended 5/1/18
GP-10 Inmate Labor during Inclement Weather
GP-11 Education Reimbursement
GP-12 Internship
GP-13 Master Deputy Program
GP-14 Benevolent Fund
GP-15 Correctional On Call
GP-16 Inmate Suffers a Deceased Family Member
GP-17 MRSA
GP-18 Local Inmate Data System
GP-19 Temporarily Disabled by Occupational Injuries
GP-20 In-Service On Line RR2-17
GP-21 Funeral Possessions
GP-22 Safe Exchange Zones
GP-23 Inmate Fee for Housing
GP-24 Medical Screenings
GP-25 Edovo Tablets for Inmates
GP-26 Inmate Mail

PLAN

Snow Removal
MARTINSVILLE GENERAL ORDERS
SHERIFF'S OFFICE
SUBJECT: LIMITS OF AUTHORITY POLICY NUMBER: 1-1.1

EFFECTIVE DATE: 9/1/06 Number of Pages 1-19


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 9/10/12, 2/6/17
Authorizing Authority: ________________________________
Sheriff

I. POLICY

The U.S. Constitution and the Bill of Rights guarantee every citizen certain safeguard from
government intrusion into their lives. These safeguards have become the corner stone for
the application of criminal justice in America. Consequently, these safeguards have placed
limitations on the authority of police to enforce the laws of the nation, state, and the City of
Martinsville. The office expects deputies to observe constitutional safeguards scrupulously
and knowledgeably. The office further expects that deputies understand the limits and
prerogatives of their authority to act. Respect for the civil liberties of citizens shall be the
paramount concern in all enforcement matters.

II. PURPOSE

The purpose of this general order is to define the legally mandated authority for the
enforcement of laws, to set forth guidelines concerning the use of discretion by deputies, and
to define the authority, guidelines and circumstances when deputies should exercise
alternatives to arrests and pretrial confinement.

III. PROBABLE CAUSE AND REASONABLE SUSPICION

A. Probable cause

Searches (with the few important exceptions outlined in this order) and all arrests are
based on the deputy sheriff’s perception of probable cause. According to the U.S.
Supreme Court, "Probable cause exists where the facts and circumstances within
their [the arresting officers'] knowledge and of which they had reasonable
trustworthy information are sufficient in themselves to warrant a man of reasonable
caution in the belief that an offense has been or is being committed."

1. A deputy must have probable cause to undertake a search or make an arrest.

2. When a deputy has appropriate probable cause, he or she may undertake a


complete body search (not including a body-cavity search); record the

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suspect's fingerprints, take the suspect's photograph, and jail him. The aim
of probable cause is to make a formal charge.

B. Reasonable suspicion

Reasonable suspicion involves a standard less than probable cause, generally defined
by the courts as a circumstance or collection of circumstances that would lead a
trained, experienced deputy to believe that criminal activity may be afoot.

1. A deputy must have reasonable suspicion to temporarily detain a citizen.

2. When a deputy has reasonable suspicion, he or she may undertake a pat-


down of a suspect's outer clothing for weapons and record the circumstances
of the encounter. The aim of reasonable suspicion is to resolve an
ambiguous situation.

C. Elements of probable cause

1. Probable cause may be established through investigation and observation,


witnesses, confidential informants, or through anonymous sources provided
that the information is corroborated by investigation.

2. Unnamed informants may be used in an affidavit for a search warrant if the


informant has first-hand knowledge of the investigation and information is
included about why the informant is credible and reliable.

IV. PROCEDURES - General

A. Law-enforcement authority

1. Code of Virginia gives Sheriff's deputies the authority to enforce the


criminal laws of the Commonwealth and ordinances and regulations of the
city in which they are appointed.

2. Code of Virginia requires that all deputies, before performing their duties,
take an oath whereby they swear to support the Constitution of the United
States and the Constitution of the Commonwealth of Virginia.

B. Limitations on law enforcement authority

Limitations on law enforcement authority are derived from statutes, federal, state,
and local judicial interpretation of laws, opinions of the attorney general and
commonwealth's attorney, sheriff's office policies/rules and regulations, and city
codes.

1. Statutory limitations

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These limitations include, but are not limited to:

a. Enforcement of laws outside of the town limits. The Code of


Virginia grants authority to enforce state laws beyond the boundaries
of the city.

b. The Code of Virginia grants the city authority to enforce laws and
local ordinances on city-owned property located outside of its
boundaries.

c. The Code of Virginia allows town officers to be sent anywhere in


Virginia to assist another locality in meeting an emergency involving
any immediate threat to life or public safety, as outlined in the
statute. Further, the Code of Virginia allows localities to enter into
reciprocal agreements with localities outside Virginia to provide
mutual aid.

2. Judicial limitations

Courts constantly interpret laws that place limitations on the authority of


law-enforcement officers. The more common limitations address Miranda
rights/warnings, rulings on search and seizure, eyewitness identification, and
lineups. The office shall provide policy guidance concerning these
decisions, as appropriate.

V. INTERVIEWS AND INTERROGATIONS

A. Definitions

1. An interview, as opposed to an interrogation, may be construed as any


conversation with a suspect, witness, victim, or the citizen.

2. An interrogation, to paraphrase the Supreme Court, includes direct


questioning (or its functional equivalent) about a crime or suspected crime,
as well as any words or conduct on behalf of the police that may elicit an
incriminating response from the suspect.

a. Deputies are reminded that an interrogation does not rely solely or


exclusively on words; conduct can be the "functional equivalent" of
asking questions.

3. A person is in custody when a deputy tells him or her that he or she is under
arrest. The functional equivalent of being in custody occurs when a
reasonable person in the suspect's place would feel that his or her freedom of
action has been restricted to the same degree as a formal arrest.

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B. Rights admonition

1. In order to achieve uniformity in administering Miranda warnings, deputy


sheriffs shall use an “Advice of Rights” form located in the Office of Sheriff
or the jail with the Miranda warnings and waiver on them. Before custodial
interrogation, deputies shall advise suspects of their rights by reading aloud
from the form the following:

a. "You have the right to remain silent."

b. "Anything you say can and will be used against you in a court of
law."

c. "You have the right to talk to a lawyer and have him present with
you while you are being questioned."

d. "If you cannot afford to hire a lawyer, one will be appointed to


represent you before any questioning, if you wish one."

e. "You may stop talking at any time."

2. After the warning, in order to secure a waiver, the officer shall ask and
receive affirmative replies to the following questions:

a. "Do you understand each of these rights I have explained to you?"

b. "Having these rights in mind, do you wish to talk to us now?"

3. After the rights have been read, understood, and the person wishes to waive
them, the deputy will have the suspect sign the waiver of rights form.
Deputies shall interrogate suspects only when they have knowingly and
intelligently waived their rights. Deputies shall cease questioning whenever
the suspect invokes the right to silence or requests the presence of counsel.

a. Deputies shall not try to elicit incriminating evidence unless the


suspect waives the right to counsel.

b. If a suspect, once in custody, requests counsel after being advised of


Miranda rights, he or she cannot be interrogated again about the
crime for which he or she was charged, other crimes, or by any other
officers unless (l) the counsel is present during the interrogation or
(2) the suspect himself initiates the interrogation. Deputies therefore
cannot obtain a waiver under these circumstances unless the suspect
initiates interrogation. If a suspect refers to counsel but his or her
intentions are unclear, deputies may question the suspect further to
clarify his or her intentions.

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c. In all instances any suspect that are hearing impaired or unable to
speak English, the deputy shall notify a supervisor and shall
immediately arrange to obtain an interpreter to assure all
constitutional safeguard are provided.

4. Deputies will take care when advising juveniles of their rights to ensure that
the rights are understood before obtaining a waiver. Deputies should honor a
child's request to speak to a parent or guardian before waiving his or her
rights. Whenever possible, the child's parents should be present while the
child's rights are explained and the waiver obtained.

5. If a suspect has invoked his or her right to silence, deputies may interrogate
the suspect if, after a passage of time, the suspect initiates communication
with officers. Before questioning, however, deputies shall again administer
Miranda warnings and shall obtain a written waiver.

C. Voluntariness of confessions

The courts have provided deputies with much latitude in interrogating suspects. If a
suspect claim that he or she was coerced into confessing, the courts will examine the
interrogation according to the totality of the circumstances. If interrogation methods
appear to overcome the suspect's will, then the courts will find any resulting
confession to be involuntary. If deputies use trickery, threats, or offer promises to
obtain confessions, they must:

1. Carefully assess the suspect's background, age, education, mental


impairment, and physical condition to determine vulnerability to coercion;
and

2. Coupled with the background characteristics, choose an appropriate mix of


interrogation tactics and environmental factors to convince the suspect to
confess without overbearing the suspect's will. Note that Miranda warnings
would have been given before the interrogation takes place, in most
instances.

D. Exemptions or special cases

1. Miranda warnings do not apply to the following situations which are non-
custodial. This list is not all-inclusive:

a. Brief on-scene questioning.

b. Identification procedures such as fingerprinting, conducting a lineup,


sobriety tests. (Questioning during booking may require Miranda
warnings.)

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c. Volunteered, spontaneous statements. (Once the deputy has heard
the suspect express spontaneous incriminating statements, the deputy
shall then advise the suspect of Miranda rights and obtain a waiver
before asking additional questions.)

d. Brief investigative detention or stop/frisk.

e. Roadside questioning during routine traffic stops, including DUI


stops until custodial interrogation begins.

f. Routine booking questions attendant to arrest.

g. Questioning by private persons.

2. Public-safety exception

When a deputy urgently needs information from a suspect because lives are
in imminent danger, deputies may delay giving Miranda warnings until the
deputies have received information sufficient to dispel the emergency.
Deputies are advised that a genuine, life-threatening emergency must exist.

E. Documentation requirements

1. Deputies shall document the circumstances surrounding the conduct of


interrogations and the recording of confessions. Required information
includes but is not limited to the following:

a. Location, date, time, duration of the interrogation.

b. Identities of all persons present.

c. Miranda warnings given, the suspect's responses, and any waivers


provided.

d. The nature and duration of any breaks or lapses during the


interrogation and the reasons for them.

2. Video or audio tape recordings shall be treated as evidence and handled


accordingly. Before the tapes are stored as evidence, a duplicate shall be
made and likewise treated as evidence, the fact of it being a duplicate should
be clearly noted on all paperwork.

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VI. SEARCH AND SEIZURE - Warrantless Searches

A. Definition

A search occurs where (1) there is a "prying into hidden places by the deputy" and
(2) the person whose premises or person is being searched has a reasonable
expectation of privacy.

B. The Fourth Amendment guarantees the right for people to be free from unreasonable
searches and seizures of their homes, persons and things. The Supreme Court is
continuously interpreting the Fourth Amendment as it applies to police conduct.
Illegally seized items of evidence will not be admitted in court and may be cause for
a lost criminal case. Additionally, an illegally conducted search invites civil suits
and criminal prosecution. In order to ensure that Fourth Amendment rights are
protected, deputies will obtain search warrants upon probable cause in all
appropriate criminal cases except for the following circumstances.

1. Consent searches
2. Emergency searches
3. Plain view and "plain feel"
4. Abandoned property and open fields
5. Inventory searches of vehicles
6. When executing arrest warrants
7. Incident to arrest (see GO 1-3)
8. Pat-downs of suspicious persons

As a general rule, no arrest warrant or search warrant is required for an arrest in a


public place, as long as probable cause exists.

C. Consent

1. A search warrant is not necessary where a person who has authority or


control over the thing or place searched consents to the search. Note that the
deputy doesn't have to have reasonable suspicion nor probable cause to make
a consent search: he or she may merely ask for permission from someone
with control over the premises. If that person grants permission, the search
may take place. The sole justification for a consent search is the existence of
knowing, intelligent, and voluntary consent.

Consent searches must observe the following rules:

a. The person granting consent must use, access, or control the


property. A person having exclusive possession of some part of

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jointly-owned property can only give consent for a search of that
part.

b. If two people have joint ownership of property, either may give


consent. If possible, have the consenting party sign a written
permission-to-search form.

c. A landlord, including a hotel or motel manager, cannot consent to a


search of a tenant's premises, unless the tenant has been evicted or
has abandoned the property.

d. A husband or wife, or one member of a cohabiting unmarried couple,


may consent to a search of areas in common ownership or use.
Note: If two or more members are present and one member objects
to a warrantless search a warrant must then be obtained.

e. A parent may consent to a search of premises occupied by a


dependent child if the parent also has access to the premises.

f. An employee cannot give valid consent to a search of his employer's


premises unless he has been left in custody of the premises.

g. An employer may generally consent to a search of premises used by


employees, except premises used solely by an employee (e.g., a
locker).

2. Consent must be given voluntarily. If a deputy requests consent from a


citizen under circumstances which a reasonable person would consider
coercive, then deputies must seek a warrant. The deputy may have the
burden of demonstrating voluntariness.

3. A person who initially gives consent may withdraw it at any time. Deputies
shall then secure the premises and seek a warrant if probable cause exists.

4. Refusal to give consent, in itself, cannot justify further law-enforcement


action.

5. The scope of a consent search is limited to the area for which consent has
been given, and within this area deputies may search only into areas where
the objects sought could reasonably be hidden.

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D. Emergency searches

1. A search warrant is not necessary in an emergency. An emergency is


sometimes termed "exigent circumstances."

2. Eleven considerations determine whether an emergency exists:

a. The degree of urgency involved and the time required to get a


warrant.

b. Deputy’s reasonable belief that contraband is about to be removed or


destroyed. [Note that not all crimes are serious enough to create
exigent circumstances. See "e" below.]

c. The possibility of danger to others including Deputy’s left to guard


the site.

d. Information that the possessors of contraband are aware that police


are on their trail.

e. Whether the offense is serious, or involves violence.

f. Whether deputies reasonably believe the suspects are armed.

g. Whether the deputies have probable cause at the time of entry.

h. Whether the deputies have strong reason to believe the suspects are
present on the premises.

i. The likelihood that the suspects will escape.

j. The suspects' entry onto premises after hot pursuit. To justify


warrantless entry following hot pursuit, the arrest process must have
begun away from the premises, and the offender knows that he or she
is under arrest, and the offender tries to avoid arrest.

k. A reasonable belief that someone on the premises is in distress and in


need of emergency assistance.

3. If deputy enter premises with probable cause to believe that critical evidence
may be destroyed or removed unless immediate action is taken, they may
enter without a warrant, secure premises, and obtain a search warrant before
proceeding further unless they have obtained consent to search, or some new
circumstances arise necessitating another warrantless search.

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E. Plain view

1. A plain-view seizure is, technically, not a search. To make a plain-view


seizure of property (contraband, fruits, or instrumentalities of the crime), two
requirements must be met:

a. From a lawful vantage point, the officer must observe contraband left
in open view; and

b. It must be immediately apparent to the deputy that the items he or


she observes may be evidence of a crime, contraband, or otherwise
subject to seizure.

2. During a lawful frisk (stemming from a lawful stop), if a deputy detects an


object that is or might reasonably be an item that is contraband or other
criminal evidence, then the object may be seized. Threatening items such a
weapon may always be removed during frisks. Non-threatening items may
be removed only if their contraband or evidentiary nature is immediately
apparent (the so-called "plain-feel" rule).

F. Abandoned property and open fields

1. A search warrant is not required for property that has been abandoned.

2. To constitute abandoned property, two conditions must apply:

a. Property was voluntarily abandoned.

b. Property was discarded outside the area in which someone has a


reasonable expectation of privacy.

3. Open fields are not protected by the Fourth Amendment, but deputies must
distinguish them from curtilage, searches of which require a warrant.
Curtilage is the area of a dwelling which is necessary, convenient, and
habitually used by the family for domestic purposes. The extent of curtilage
of a private residence is determined by whether the area is enclosed; the
nature and use of the area; the proximity of the area to the home; and any
measures taken by the owner to protect the area from observation

G. Inventories of vehicles

1. The Sheriff’s Office requires deputies to inventory any lawfully impounded


vehicle, or a vehicle removed from the street and placed in sheriff's custody.
Any evidence or contraband found during the inventory may be used to
formulate probable cause for a subsequent search or arrest. Vehicles shall be
inventoried per office procedure which requires an inventory of the entire
contents; including closed containers (provided they can be opened without
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breakage). The purpose of an inventory is to ensure safekeeping of private
property and to protect the sheriff’s office from liability. To repeat, in order
to justify an inventory of a vehicle, the following conditions must be met:

a. Deputies must have lawful custody of it.

b. The inventory shall be conducted pursuant to office policy.

c. The scope of the inventory shall be limited to those parts of a vehicle


likely to conceal important, hazardous, or valuable items including,
but not limited to, the passenger compartment, the trunk, and glove
compartment.

2. Closed containers may be examined if they are likely to contain valuable


property. If closed containers are locked or sealed, they shall not be forced
open but simply logged on the inventory form.

3. The vehicle and its closed containers shall not be damaged.

H. When executing arrest warrants

l. General guidance

A deputy with an arrest warrant may search for the defendant in his or her
own home provided that the warrant was valid; the deputy searches the
defendant's home (and not someone else's); and probable cause exists that
the defendant is home at the time of the search. The search for the defendant
must be limited to places where he or she might be found. No “No-Knock”
warrant(s) will be permitted, and/or executed, at any time.

2. Protective sweep

Following the execution of an arrest warrant, deputies may undertake a


"protective sweep" of the premises where the arrest takes place without a
warrant. Certain limitations must be observed, however:

a. The purpose of the protective sweep is to discover persons on the


premises who might present a danger to officers.

b. Incident to arrest, deputies may, without probable cause or


reasonable suspicion, look into closets or other spaces immediately
adjoining the place of arrest where threatening persons might be
located.

c. In order to extend the protective sweep beyond closets and adjoining


spaces, deputies must have reasonable suspicion for fearing that

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persons may be on the premises who pose a threat. In such cases, the
sweep is limited to examining places where a person might hide.

(1) Deputies shall carefully document their reasonable suspicion.

d. During a protective sweep, evidence discovered in plain view may be


seized.

e. The sweep must cease when deputies have dispelled a reasonable


suspicion of danger.

(Note: With a search warrant, a protective sweep is always justified.)

VII. STOP AND FRISK

A. Pursuant to the progeny of case law “Terry v. Ohio”, a law enforcement officer may
temporarily detain a person in a public place if reasonable suspicion exists that a
felony has been committed, is being committed, or is about to be committed; or the
deputy reasonably suspects that a person is illegally carrying a concealed weapon in
violation of the Code of Virginia. A temporary detention of a person to investigate
suspected criminal activity is controlled by the Fourth Amendment.

B. Two distinct acts exist within stop and frisk: (1) the stop and, (2) the frisk of persons
stopped.

1. Stop – the detention of a subject for a brief period of time. In order to make
the stop, the deputy must have reasonable suspicion to believe that criminal
activity is occurring and the individual to be stopped is involved.

2. Frisk – Should the deputy have reasonable belief that a person stopped
intends to do him bodily harm or is carrying a concealed weapon, the deputy
may conduct a limited pat down of the person’s outer clothing.

VIII. EYEWITNESSES

A. Eyewitness identifications generally do not provide reliable evidence during


criminal investigations. Consequently, the Supreme Court has addressed this issue
in numerous cases and set forth guidelines to be followed when eyewitness
identifications are solicited by deputies. Eyewitness identifications may take the
following form.

1. On-scene identification

One-on-one identifications have been held constitutional so long as the


period of time between the offense and the identification is brief. One to
three hours would be a reasonable amount of time.
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2. Lineups

Lineups should be conducted using a minimum of six persons having similar


physical characteristics as the suspect. The accused has the right to have an
attorney present during the lineup and the lineup may not take place until the
attorney is present. The attorney may not offer any suggestions concerning
the conduct of the lineup, but may merely observe. Deputies shall document
the date, time, place, name of participants and witnesses, and the location of
suspect/participants in the lineup.

3. Photo lineups

In conducting photo lineups, the photos shall depict persons displaying


similar physical characteristics as the suspect. Simply showing an
eyewitness a single photo of the suspect has been ruled unconstitutional. As
a general rule, a photo lineup containing 6-8 photos is reasonable.
Photographs shown to witnesses shall not contain any identifying
information. Photo lineups will be documented as under (2) above.

B. Hearsay

1. Deputies shall understand the rules by which hearsay can be considered


evidence and therefore of use in an investigation.

a. According to the Virginia Supreme Court, hearsay is "evidence not


proceeding from the personal knowledge of the witness, but from the
mere repetition of what he has heard others say."

2. Hearsay is generally inadmissible in court.

3. Some hearsay is useful as evidence. Some exceptions to the Hearsay Rule,


and therefore admissible include:

a. A dying declaration or a statement, oral or written, made by a


mortally wounded person who knows that he is about to die and has
abandoned hope of recovery.

b. Spontaneous declarations, or exclamations of a participant or


bystander concerning an incident, made without time for reflection.

c. Public records, or reports prepared by public officials under a duty


imposed by law or regulation.

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IX. VEHICLES

In recent years, the U.S. Supreme Court has modified and expanded the conditions under
which deputies may search vehicles. Preferably, deputies shall search vehicles under the
authority of a warrant whenever sufficient time exists to obtain one. Nevertheless,
warrantless searches of vehicles may take place under many conditions and circumstances.
It is imperative that deputies understand the different types of vehicle searches and their
limitations.

A. Definitions

l. For the purposes of this section, a motor vehicle is any vehicle operating or
capable of being operated on public streets or highways, from trucks to
automobiles to mobile homes. A vehicle that has been immobilized in one
location for use as a storage facility or home is not a motor vehicle for
Fourth Amendment purposes.

2. For the purposes of this section, a search is an examination of a motor


vehicle with an investigative motive, that is, to discover evidence or to
examine the vehicle identification number (VIN) to ascertain ownership.

B. When warrantless vehicle searches may be performed

As noted earlier, warrants shall be obtained to search vehicles, if feasible, unless an


emergency exists. Any vehicle that has been disabled with little chance of its being
driven away shall be searched with a warrant. In all other cases, vehicles may be
searched without a warrant under the following circumstances:

l. When probable cause exists.

2. With the driver's consent.

3. Incident to the arrest of the occupants.

4. To frisk for weapons.

5. When necessary to examine the VIN or to otherwise ascertain ownership.

6. Under emergencies or exigent circumstances.

7. Inventories.

C. Searches may be conducted within the following limitations:

l. With a warrant, a search may extend anywhere within the vehicle, unless
limited by the warrant itself.

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2. When probable cause exists, a search may extend anywhere within the
vehicle, unless the probable cause is limited to a specific part of the vehicle.

3. When consent has been obtained from the driver, officers/deputies may
search the vehicle subject to any limitations specified by the consenting
person. Consent shall be obtained in writing, if feasible.

4. Searches incident to the arrest of an occupant shall be limited to any area


within reach of the arrestee. The area within reach is deemed to be the
passenger compartment. The trunk, engine compartment, and any locked
compartments shall not be searched unless immediately accessible to the
suspect. (See GO 1-3 for a fuller treatment of searches incident to arrests.)

5. Frisks for weapons shall be confined to the passenger area. Any place not
immediately accessible to the occupants, such as a locked glove
compartment, shall not be frisked. If the contents of a container are
immediately accessible to the subject, a closed container may be searched for
weapons.

a. Note that a deputy can order the suspect from the vehicle and frisk
both the suspect and the vehicle.

6. An entry into the vehicle to examine the VIN or otherwise determine


ownership must be limited to these purposes.

7. An emergency search of the vehicle may be conducted but the extent of the
search must not exceed whatever is necessary to respond to the emergency.

Note: If the initial search under the above conditions gives rise to probable cause that
evidence, contraband, fruits, or instrumentalities of the crime might be found elsewhere in
the vehicle, officers may search those areas that might reasonably contain such items.

D. Containers within the vehicle

As a rule, no container within a vehicle shall be searched unless it might contain the
item(s) sought.

l. Procedures for unlocked containers

a. In a probable cause search, containers may be opened wherever


found in the vehicle.

b. When the passenger area is searched incident to an arrest, containers


within the passenger area may be opened.

c. During a consent search, containers may be opened provided that the


terms of the consent either so permit or reasonably imply permission.
1-1.1 15
d. Containers found in or discarded from a vehicle under circumstances
not amounting to probable cause or in connection with a search
incident to an arrest shall not be searched but shall be secured until a
warrant is obtained.

2. Procedures for locked containers

Under most conditions, locked containers shall be opened under a warrant


unless one of the following circumstances has been met:

a. Consent has been given.

b. Probable cause exists to search the vehicle and the object of the
search might be found in the container. (Even in this circumstance, a
warrant is preferred.)

c. Inventory.

E. Conduct of the vehicle search

l. When possible, searches of vehicles shall be conducted contemporaneous


with the stopping or discovery of the vehicle. As a general rule, vehicle
searches shall be conducted as soon as reasonably possible.

2. When possible, deputies shall avoid damaging a vehicle or its contents, and
shall minimize the intrusiveness of the search and any inconvenience
suffered by the passengers or owner.

3. As vehicles may contain sharp or pointed objects, and perhaps even syringes
or other materials with body fluids on them, deputies shall take precautions
to minimize exposure to communicable diseases.

X. LIMITATIONS ON AUTHORITY

A. Limitations on law-enforcement authority by local courts

Occasionally, the local courts may limit law-enforcement authority to enforce state
statutes and local ordinances. The office manual shall contain relevant orders
offering appropriate guidance to deputies. These limitations include, but are not
limited to:

1. The enforcement of certain parking ordinances.

2. The handling of juvenile offenders.

3. The issuance of summonses as opposed to arrests/incarceration.

1-1.1 16
4. Restrictions relating to the animal control ordinance.

B. Limitations on law enforcement authority by the commonwealth's attorney

Occasionally, the commonwealth's attorney may issue opinions to the office


imposing limitations on deputies. These areas include, but are not limited to:

1. Prosecution of certain cases.

2. Extradition.

3. Enforcement of certain statutes pending opinions from the attorney general's


office.

C. Limitations on law-enforcement authority by the city manager or chief of police

Limitations on police enforcement actions by city council, city manager, or the chief
of police include, but are not limited to:

1. City/town tag violations.

2. Parking violations.

D. Changes in laws/interpretational limitations

Periodically, changes take place which may impose new limitations on police
authority or remove or alter existing limitations. Normally, annual updates on such
changes are provided to all personnel. In case immediate changes in office
operations are required, the sheriff may provide information orally and confirm it in
writing.

XI. CONSTITUTIONAL REQUIREMENTS: GENERAL

A. Compliance with constitutional requirements during criminal investigations

1. All deputies when conducting criminal investigations shall take all


precautions necessary to ensure that all persons involved are afforded their
constitutional protections. Deputies shall ensure that:

a. All statements or confessions are voluntary and non-coercive.

b. All persons are advised of their rights in accordance with this general
order.

c. All arrested persons are taken promptly before a magistrate for


formal charging.

1-1.1 17
d. All persons accused or suspected of a criminal violation for which
they are being interrogated are afforded an opportunity to consult
with an attorney.

e. Prejudicial pre-trial publicity of the accused is avoided so as not to


interfere with a defendant's right to a fair and impartial trial.

B. The use of discretion by deputies

1. Deputies, by the nature of their job, are required to exercise discretion in the
performance of their duties. The office provides deputies with written
policies, rules, office orders, directed assignments, and training in order to
aid them in making decisions which govern discretion in performing their
duties.

2. With the exception of rules and regulations, general orders give deputies
procedures to follow for common or critical enforcement tasks. By
definition, general orders afford deputies a window of discretion within
which to act. General orders are to be followed unless unusual or extreme
circumstances dictate another course of action. In this case, deputies shall
make reasoned decisions in their discretion based on good judgment,
experience, and training. It is up to the individual deputy to consider the
relevant facts, the situation, and then, using knowledge, training, and good
judgment, make appropriate decisions. Supervisors must closely observe the
use of discretion by their subordinates and point out factual errors or
alternatives that may be more appropriate.

C. Alternatives to arrest

1. Under certain circumstances, deputies are faced with situations where an


arrest will not be possible. In such cases, deputies may elect to exercise
certain alternatives such as the issuance of summonses, referral to a social
service agency, or simply to give a warning. Examples:

a. Mentally or emotionally disturbed persons.

b. Domestic situations where counseling may be appropriate except


where probable cause requires an arrest.

c. Juvenile offenders.

d. Transient persons who need shelter and food.

e. Certain misdemeanor cases.

1-1.1 18
2. Authority to issue summonses in lieu of arrest

a. The Code of Virginia authorizes deputies to issue a summons in lieu


of arrest for persons charged with a misdemeanor criminal offense
except D.U.I. and drunk in public. Additionally, the Code of
Virginia authorizes the use of summonses when enforcing city
ordinances.

b. In determining whether a summons should be used, the deputy shall:

(1) Decide whether the offense committed is serious.

(2) Make a judgment as to whether the accused poses a danger to


the public or himself.

(3) Decide, based on circumstances, whether the person may


disregard a summons.

3. Informal handling of criminal matters

Deputies often deal with situations where the public interest would be better
served by social service agencies or crisis and professional organizations.
When in the judgment of the deputy a better solution to the problem will be
achieved by use of alternatives to enforcement, he or she should refer the
citizen to an appropriate social services agency.

4. Use of warnings as an alternative to arrest

The use of warnings may sometimes provide a solution to a problem and


may enhance the public perception of the sheriff’s office. Normally, the use
of a warning occurs in traffic offenses, but occasionally may be applied to
criminal offenses. In determining if a warning should be issued, the deputy
shall consider:

a. The seriousness of the offense.

b. The likelihood that the violator will heed the warning.

c. The reputation of the violator, i.e., known repeat offender, has received
previous warnings, etc.

This policy supersedes all previous administrative directives.

1-1.1 19
MARTINSVILLE GENERAL ORDERS
SHERIFF'S OFFICE
SUBJECT: OFFICE ASSIGNMENTS POLICY NUMBER: 1-2.1
EFFECTIVE DATE: 6/22/07 Number of Pages 1-2
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 12/19/08, 03/06/13 Authorizing Authority: __________________________________
Sheriff

I. POLICY

It is the policy of the Martinsville City Sheriff’s Office to assign deputies during
operation hours of 8:30AM to 5:00PM on Monday through Friday for office
duties.

II. PURPOSE

It is the purpose of this general order to establish a procedure for assignments to


courts, transportation, service of civil process, metal detector responsibilities, and
determination of days off.

III. PROCEDURE

A. Assignment to duty:

1. Court Service assignments are routinely made by the Supervisor of


Courts.

B. Frequency of court and other assignments:

1. All deputies can be rotated to another court at the direction of the


Sheriff or designee.

2. Assignments or post rotation is at the discretion of the Supervisor of


courts.

C. Assignments to courts or duty posts:

1. The office has court, transportation, and civil process assignments.

a. Deputies will be assigned to court, transportation, and civil


process at the discretion of the Sheriff or designee.

1-2.1 1
b. Court rotations will be at the discretion of the Supervisor of
courts.

c. Assignments to civil process shall be determined by the


Supervisor of Civil Process.

2. Deputies are assigned to call back duty during non business hours and
will carry wireless communication while on assignment.

D. There are no shift rotations, beat assignments, beat rotations or continuous


coverage at shift change within court security and civil process.

E. The correctional division has shift rotation and continuous coverage at shift
change. There is no beat assignments or beat rotations within corrections.

1. In the correctional division the oncoming shifts are provided with


information from the previous shifts activities.

F. Determination of days off:

1. To take vacation or earned compensatory time off, deputies must


submit a request, in writing, to their direct report.

This policy supersedes all previous administrative directives.

1-2.1 2
MARTINSVILLE GENERAL ORDERS
SHERIFF'S OFFICE
SUBJECT: ARREST PROCEDURES POLICY NUMBER: 1-3.1
EFFECTIVE DATE: 06/17/07 Number of Pages 1-4
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 2/15/17 Authorizing Authority: __________________________________
Sheriff

POLICY

The Martinsville Sheriff's Office has the primary task of providing courtroom
security, serving of civil process, secure transport of prisoners and Martinsville
City Jail. Criminal investigation, arrest and booking procedures are by custom
and mutual agreement the responsibility of the Martinsville Police Department.
The Code of Virginia does, however, empower the Office of the Sheriff and
sworn deputies with the authority to effect arrests.

It is recognized that there will be occasions and/or incidents in which a sworn


employee of the Sheriff's office is required to exercise their power of arrest.
Sworn employees are authorized and required to exercise the arrest of a
violator(s) who has or is about to commit a felony. An arrest may also be affected
of an individual(s) who commits a misdemeanor in the presence of a sworn
employee.

In a majority of situations, it is advisable and prudent for the sworn employee to


detain a violator(s) pending the arrival of the Martinsville Police Department.
The decision to arrest or detain must be based upon good judgment taking into
consideration the safety of the public, officer safety and the circumstances of
urgency which may dictate that an arrest be made.

This policy will specifically detail imperatives and options concerning arrest,
detention and other related concerns.

For all other situations and categories of criminal acts that may be encountered,
the sworn employee shall immediately summon the response of the police
department or police authority having jurisdiction, if outside the limits of the
City of Martinsville.

1-3.1 1
II. PURPOSE

To establish arrest guidelines by sworn employees of the Martinsville City


Sheriff's Office.

III. PROCEDURE

A. Arrests

1. Felonies - the sworn employee is authorized to affect the custodial arrest


of an individual(s) who commits a felony, as defined under the various
sections of the Code of Virginia, in his/her presence. In lieu of making the
arrest, the sworn employee should weigh the desirability or necessity of
taking immediate action or detaining the suspect pending the arrival of a
police officer. Some factors to consider are:

a. the nature of the crime;


b. flight risk;
c. officer safety
d. public safety.

2. Misdemeanors - the sworn employee is authorized to affect the arrest of a


person(s) who commits a misdemeanor in their presence. The Code of
Virginia specifies that a summons shall be issued and upon written
promise of the person detained or in custody to appear in court at the time
and place specified, the sworn employee shall forthwith release him from
custody. See the Code of Virginia for additional requirements.

a. Given the role and mission of the sworn employee of the


Martinsville Sheriff's Office, it is imperative to utilize good
judgement and discretion in effecting the arrest of a person
who has committed a misdemeanor. The sworn employee
should weigh the desirability or necessity of taking
immediate action or detaining the suspect pending the
arrival of a police officer.

b. If practicable, the sworn employee who witnesses the


commission of a misdemeanor should call for the response
of the police department, attempt to stabilize the scene until
the arrival of the police and detain the suspect in as
minimally restrictive environment as possible. The sworn
employee shall not seek to interview or interrogate the
suspect. The sworn employee should however make note
of any declarations, utterances, or other significant

1-3.1 2
statements made by the suspect or any pertinent
observation.

B. Arrest With A Warrant

1. An arrest warrant may be issued by any magistrate, judge, or clerk of


any circuit court, general district court, or juvenile and domestic
relations court (Code of Virginia).

2. A deputy must adhere to the Code of Virginia authorizing execution


within his jurisdiction of a warrant, capias, or summons issued
anywhere in Virginia.

3. A deputy who arrests a person on a warrant, or capias, from another


jurisdiction is required to take the arrestee forthwith to an appropriate
judicial officer serving the deputies locality.

4. Complete a VCIN/NCIC check on any person to whom a warrant,


capias, or summons was issued before releasing them.

C. Arrest Without A Warrant

1. A deputy must adhere to the Code of Virginia to make a warrantless


arrest. The deputy must comply with the following guidelines:

a. Misdemeanor arrests must occur in the deputy’s presence or


must be an exception as outlined in the Code of Virginia.

b. Felony arrest may be made if committed in the deputy’s


presence or if the deputy has probable cause to believe the
subject committed the crime.

c. All arrests must conform to the Code of Virginia.

2. The deputy shall conduct a reasonable search of the person arrested as


soon as practical and at or near the location of arrest. The deputy may
search the subject’s immediate surroundings or area of immediate
control. The purpose of the search is to:

a. Ensure the safety of the deputy and/or subject

b. Prevent escape

c. Prevent destruction of evidence

1-3.1 3
D. Arrest Incidents Involving Foreign Nationals/Diplomatic Immunity

1. Any situation involving the arrest or taking into custody of an individual


who may be accorded diplomatic immunity or is a foreign national will
require special handling. For these situations, the current edition of the
United States Department of State handbook entitled “Diplomatic and
Consular Immunity” will serve as official sheriff’s office policy.

2. A copy of this resource shall be maintained at the booking desk in the


magistrate’s office and every policy and procedure manual.

This policy supersedes all previous administrative directives.

1-3.1 4
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Tactical Operations POLICY NUMBER: 1-5.1
EFFECTIVE DATE: 7/22/07 Number of Pages 1-7
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 11/22/10, 12/1/2010, 2/3/11, 10/25/16 Authorizing Authority: __________________________________
Sheriff

POLICY

It is the policy of the Martinsville Sheriff’s Office to utilize the training and tactical skills of
the Emergency Response Team. The E.R.T. is to respond to any disturbance or riot
incident that occurs within the Court building, and/or Jail/Annex areas. The E.R.T Team is
to perform all duties in compliance with the mandatory standards of the Martinsville
Sheriff’s Office and the Department of Corrections. Each E.R.T Team Member will
receive, and be knowledgeable, of the Emergency Response Team Manual. The team
shall consist of no more than sixteen (16) members.

II. PURPOSE

The purpose of this written directive is to establish the necessity and conformity of the
Emergency Response Team and the importance of such skilled officers to the facility.

III. PROCEDURE

A. Emergency Response Team – Structure

1. The E.R.T. ideally comprised of the Team Commander, two team leaders, two
assistant team leaders, one emergency medical technician and team members.

a. Commanding Officer of the Emergency Response Team

The Commanding Officer of the E.R.T. Team is the highest ranking supervisor
directly involved in the E.R.T. His responsibilities include, but are not limited to:
Direct oversight of all Emergency Response Team functions; Budget; Developing
and implementing Policies and Procedures; Assisting the Team Leaders; and
Acting as direct liaison between the E.R.T. and the Sheriff’s Office Administration.
As a Training Coordinator the responsibilities encompass: Scheduling and
coordination of training; maintaining necessary documentation; conducting training
(instructor); and Acting as a liaison between the E.R.T. Team and other
departments and/or organizations.

b. Team Leaders of the Emergency Response Team

1-5.1 1
The Team Leaders of the E.R.T. Team responsibilities include, but are not limited
to: to lead and direct personnel assigned to his/her team during activation.
Responding to the crisis; Formulating Emergency
Response Plans, Deliberate Response Plans and Alternative Response Plans
based on the intelligence provided by the Commander; Briefing the Commander;
Overseeing the execution of plans; Debriefing the operation upon completion; and
Acting as the Commanding Officer of the E.R.T. Team in his absence.

c. Assistant Team Leaders

The Assistant Team Leaders should possess the ability to perform tasks
associated with a Deputy Sheriff assigned in a correctional setting. They must
also be able to react and respond during highly stressful situations, such as: the
extraction and restraining of combative inmates; maintaining control of large
groups of inmates; and mediating disputes with hostile/aggressive inmates. The
Assistant Team Leaders must also be able to assist and deploy personnel
assigned under their control in the handling of high profile trials, high profile
prisoner transports/escorts, and escapes.

d. Team Members

Team Members are required to follow and must carry out all orders given by those
in supervisory/command positions. Team Members must possess the ability to
perform all duties associated with a Deputy Sheriff assigned in a correctional
setting. Team Members must also be able to react and respond during highly
stressful high risk situations, such as: the extractions and restraining of combative
inmates, maintaining control of large groups of inmates, and mediating disputes
with hostile/aggressive inmates. Team Members must also possess the
necessary knowledge, skill and ability to complete such job tasks as high profile
trials, high profile transports, high-risk escorts, and inmate escapes.

B. Selection Process

1. Interested Officers are required to have certification in jailor or law enforcement


and field training. The applicant is required to discuss interest with their immediate
supervisor and complete an ERT application and submit it to their supervisor. The
supervisor shall submit the application of interest to the ERT commander.

2. The team will review the applicant of interest and invite the applicant for two team-
training sessions. Upon completion a private vote will determine a contingent offer
to be made pending a successful completion of all mandatory requirements and
training.

a. When an applicant is declined the decision shall be kept confidential and a


brief statement of why shall be noted on the application and the team

1-5.1 2
commander shall personally brief and discuss with the Sheriff for final
decision.
b. Any officer that has been declined shall not be permitted to re-apply for 12
months.

C. Training and Preparedness

1. Firearms score of 80%

a. Training Schedules:

An advanced training schedule will be distributed four times annually prior to the
training dates) to each member, with dates. All E.R.T. Team members must make
accommodations to attend each training session. Member’s immediate supervisor
will adjust their schedule if possible to accommodate the E.R.T. Team’s training
schedule. If not, any absent members will be briefed on the missed training.

b. Failure to Attend Training:

If an E.R.T. Team Member fails to attend two or more unexcused training sessions
within a year, a consultation session with their supervisor and that member will be
made followed by a structured review by all members of the case and render a
private decision to retain or dismiss the member from the E.R.T. Team.

If the decision is to dismiss a member the decision is to be kept confidential and


the team commander shall personally brief and discuss with the Sheriff for final
decision.

Training attendance records shall be maintained by the team commander.

c. Equipment:

All Emergency Response Team gear/equipment is stored in the room designated


for E.R.T and be in good repair, and ready for use at all times. Each E.R.T.
Member shall be responsible for the gear assigned to them and shall return all
equipment upon leaving the team. Documentation of receipt of equipment is to be
filed with the Commanding Officer.

d. Physical Fitness:

It is the responsibility of each E.R.T. Team Member to remain physically fit and in
good health. It is recommended that stretching and cardiovascular exercises be
incorporated into a daily/weekly fitness program.

e. Off Duty Responsibilities:

1-5.1 3
Off duty Team Members may be called in to work when the E.R.T. Team is
activated. A Team Member that is unable to respond should call and advise the
supervisor. No Team Member will respond who is impaired or has any alcohol or
drugs in their system.
f. Extended Leave:

If an E.R.T. Team Member is going to be unavailable to respond to a call for an


extended period, an e-mail or memorandum should be forwarded to the E.R.T.
Team Commander. Examples: vacation, sickness, etc.

2. E.R.T. Members shall be utilized in the training of other members of the staff.
3. E.R.T. Members shall be available to assist the SWAT Team in the areas of need.

5. E.R.T. Members shall maintain a thorough means of documentation and records


of all activity.

6. E.R.T. Members shall immediately report any personal injury incurred in the line of
duty. This report shall be in writing and submitted to the Jail Administrator.

D. Activation Procedures

1. Once the Shift Supervisor or higher rank has decided to activate the E.R.T., the
following notification sequence/procedure will initiate the call-out:

a. Briefed by the shift supervisor and obtain an Incident Report as soon as


possible. Begin noting ALL information requested on the report. Be specific
with times and facts.

b. The shift supervisor will page the E.R.T. of the incident

2. The shift supervisor and the E.R.T. Team Supervisor will determine where the
designated assembly area will be and what resources may be required. The On-
Scene Supervisor will be responsible for ensuring that all requested resources are
made available upon arrival of the E.R.T. Team.

E. Pre-arrival Concerns and Requirements

1. Secure the affected and surrounding area(s).

2. Maintain an accurate account of events that have taken place prior to arrival of the
E.R.T. Team. Use the Incident Report.

3. If relevant acquire any/all classification and booking records of those involved.


They will be brought to the assembly area for review.

1-5.1 4
4. Contact the Medical Department and have them on stand by in Medical, ready to
respond.

F. Arrival of the Emergency Response Team

1. The On-Scene Supervisor will brief the responding E.R.T. Team Supervisor, giving
all information in regard to the incident.

2. The first page of the Incident Report will be completed by the On-Scene
Supervisor and turned over to the responding E.R.T. Team Supervisor. All
supporting documentation must accompany the report.

3. The On-Scene Supervisor will maintain responsibility and tactical control of the
scene until clearly notified by the Emergency Response Team Supervisor that he
or she has been relieved. The requesting On-Scene Supervisor is further
responsible for securing all normal operations, inmate movement, and for
containment of the situation (perimeter control) until relieved. The requesting
supervisor will additionally ensure the following:

1. Sufficient restraints.

2. Vehicle, if necessary.

3. Available housing.

4. The Commanding Officer of the E.R.T. and the Team Leaders prepare an
Operational Plan to be executed.

5. Remain available to render assistance if requested. Non-Emergency Response


Team personnel may be utilized in various positions as needed. The On-Scene
Supervisor will ensure that all available personnel are prepared and positioned to
assist the E.R.T. if necessary.

G. After-Action Procedures

1. Upon the completion of the operation, an After-Action Report must be completed


and submitted by the Commanding Officer to the Sheriff and the Captain Jail
Administrator. The report must include procedures taken, resources utilized,
problems noted, and any suggestions for future incident responses.

2. All documentation must remain filed with the Commanding Officer.

H. Hostage Situations

1-5.1 5
1. In the event of a hostage situation, all communication with the hostage taker(s) will
be relinquished to the designated Hostage Negotiator.

2. The On-Scene Supervisor will contain the immediate area(s); contact the E.R.T.
Team and the Martinsville Police Department. The On-Scene Supervisor will
advise both of the situation and request assistance from the Police Department.

3. The On-Scene Supervisor will then contact the proper Chain of Command in the
following order:
a. Team Commander
b. Jail Admin. Asst.
c. Captain/Jail
d. Chief Deputy
e. Sheriff

4. The Captain/Jail Admin will determine if other ranking officers need to be


contacted.

5. The Martinsville Police Department Negotiator or Team commander will be


responsible for providing personnel with the hostage taker(s) statements and the
status of the negotiations.

6. The On-Scene E.R.T. Team’s Supervisor will make preparations to yield the
situation to the responding Police Commander.

7. The On-Scene E.R.T. Team Supervisor will ensure that the Police Commander is
provided with all significant information. The E.R.T. Team’s On-Scene Supervisor
will additionally provide any necessary assistance to the Police Commander.

I. Continuum Circle of Force

1. Officers shall use the minimum force necessary to achieve the duties as
designated by the policies of the Martinsville City Sheriff’s Office.

2. Force used shall be only that which the officer is trained and certified to execute.

3. E.R.T. Team Member shall be certified and knowledgeable of all means of force as
outlined within policies and the Emergency Response Team Manual.

1-5.1 6
J. Organizational Chart

SHERIFF

Chief Deputy

Captain / Jail
Admin.
1st Lieutenant
Shift Supervisor
(In-charge of normal E.R.T
Jail Operations once Commander
relieved of tactical).

Jail Officers Team Team


Leader Leader

Assistant Team Assistant Team


Leader Leader
Team Members Team Members

Medical
Technician
(If Available)

This policy supersedes all previous administrative directives.

1-5.1 7
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: USE OF FORCE POLICY NUMBER: 1-6.1

EFFECTIVE DATE: 08/07/07 Number of Pages 1-16


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 11/13/07, 12/19/08, 5/21/13, 2/15/17 Authorizing Authority: __________________________________
8/3/2020, 1/26/22 Sheriff

POLICY

Deputies are confronted daily with situations requiring the use of force to affect an
arrest or ensure public safety. The degree of force used depends on what the deputy
perceives as reasonable and necessary under the circumstances at the time he or she
decides to use force. Except for deadly force, the application of any degree of force
is justified only when the deputy reasonably believes that it is necessary:

A. To prevent the escape from custody, make an arrest or an investigative


detention of a person the deputy believes has committed a crime.

B. To defend himself or herself or another from what the deputy believes is the
use of force while trying to arrest another, prevent the suspect's escape, or
otherwise lawfully take the person into custody.

C. To disperse persons participating in an unlawful assembly.

Facts or circumstances unknown to the deputy shall not be considered in later


determining whether the force was justified. The Sheriff’s Office expects deputies
to observe the following two guidelines in all applications of force:

D. Employ the minimum force reasonably necessary to accomplish a legal


purpose.
E. Deputies may resort to more severe methods of force to overcome either
increasing resistance or an increasingly dangerous threat to public safety.

There are several options a deputy has when employing the force reasonably
necessary to accomplish the legal purpose: verbal control, electronic devices,
chemical weapons, compliance techniques (control holds), defensive tactics
(including impact weapons such as the asp baton, electronic devices), and finally
deadly force. Deputies must understand how to recognize increasing or decreasing
levels of threat and respond appropriately.

1-6.1
When applying deadly force, the deputy’s objective shall be to stop or incapacitate
the suspect. The objective of the use of any force is to overcome the suspect's
resistance to a deputy’s lawful purpose: deputies shall avoid unnecessary or
excessive applications of force.

Deputies shall not unreasonably or unnecessarily endanger themselves or the public


when applying this policy.

II. PURPOSE

To establish guidelines governing the use of force and its limitations, and to describe
prohibited activities.

III. DEFINITIONS

A. Deadly force

1. The firing of a firearm, even though no intent exists to kill or inflict


bodily harm.

2. Any force applied in any manner by any means that could reasonably
be expected to cause death or serious physical injury.

a. "Serious physical injury" means bodily injury which


creates a substantial risk of death or which is likely to cause
serious permanent disfigurement or loss, or extended
impairment of the function of any body member or organ.

B. Non-deadly force

Force employed which is neither likely nor intended to cause death or


serious physical injury.

C. Firearms

Any weapon from which a projectile is forcibly ejected by an explosive.

D. Reasonable belief

When facts or circumstances the officer knows, or should know, are such as
to cause an ordinary and prudent person to act or think reasonably in a
similar way under similar circumstances.

1-6.1 2
E. Serious physical injury

A physical injury which creates a substantial risk of death, or which causes


death or serious and protracted disfigurement, or impairment of the function
of any bodily organ or limb.

F. Excessive force

Force is excessive when its application is inappropriate to the circumstances.


In determining whether force has been excessively applied, the primary
concern is whether the on-scene officer reasonably believes that its
application was necessary and appropriate. Based on the reasonableness
standard, excessive force may be determined based on:

l. The severity of the crime.

2. The nature and extent of the threat posed by the suspect.

3. The degree to which the suspect resists arrest or detention.

4. Any attempts by the suspect to evade arrest by flight or fight.

In evaluating the reasonable application of force, deputies must consider


their own age, size, strength, and skill level with department weapons, state
of health, and the number of deputies opposing the number of suspects.

G. Duty to Intervene

Any deputy present and observing another deputy (even involving an officer
from another agency or jurisdiction) using force that is clearly beyond that
which is objectively reasonable under the circumstances shall, when in a
position to do so, safely intercede to end and prevent the further use of such
excessive force. Additionally, deputies have the duty to intervene in all other
situations where a deputy is acting in violation of laws, orders, policies, or
ethical conduct and immediately notify an on-duty supervisor. Any deputy
will ensure medical attention has been rendered if aid is required by any
individual involved in the incident. A detailed written report outlining those
observations will also be required and submitted to your immediate
supervisor. An administrative review of the intervention by the agency will
be reviewed by the CEO or designee for compliance with established policy
by this written report. Any deputy involved in intervening during the use of
excessive force will not suffer any forms of retaliation from fellow
employees or superiors. Duty to intervene initial training will be conducted
in the Training Academy for newly hired employees. Duty to Intervene
refresher training will be every calendar year thereafter and covered along
with the use of force training for every sworn officer.

1-6.1 3
IV. PROCEDURES - Non-deadly force
The sheriff’s office trains deputies in the alternative use-of-force which emphasizes
the recognition of and response to increasing levels of threat. Most instances in
which force is applied are non-deadly. Deputies shall assess the incident to
determine which technique will best bring the situation under control. Following
the application of any method of force, once the situation is contained, deputies
shall provide or arrange to provide medical help as necessary. The following
discussion reinforces key principles from training.

A. Physical Presence

Physical presence refers to the manner in which an officer identifies himself


or herself which alone may manage a situation.

B. Verbal control

Verbal control refers to the manner in which the deputy speaks to a person,
which alone can manage a situation. Verbal control includes advice,
persuasion, admonitions, or orders. The volume and tone of the deputy’s
speech may also contribute to control without having to resort to another
method of force.

The sheriff’s office urges the use of verbal commands without the use of
profanity or disrespectful or argumentative behavior.

C. Compliance techniques

At times, uncooperative people who refuse to be taken into custody may


only respond to a combination of strength, leverage, take-downs, control
holds, or come-alongs with sufficient force to make the lawful arrest. Choke
holds or similar techniques causing the constriction of the carotid artery or
airway is prohibited. The use of such holds is considered deadly force and
is only authorized when the use of deadly force would be appropriate. The
object of this level of force is to gain control and enforce the suspect's
compliance while minimizing the risk of injury to deputies, bystanders, or
the person being placed in custody. Where lesser levels of force appear
ineffective, deputies may employ hands, fists, feet, knees, and so on in
striking an adversary, according to methods sanctioned through training.

D. Chemical agents

The use of chemical agents is restricted to situations where higher levels of


force are unnecessary and lesser levels are inappropriate or ineffective. The
only chemical weapon authorized for deputies to use is oleoresin capsicum
(OC) Trained ERT Members can also utilize the Pepperball Gun (Oleoresin

1-6.1 4
Capsicum Powder Projectile). Chemical agents shall be used only to the
extent necessary to overcome the resistance of the suspect within training
standards.

Authorized Use of a Chemical Weapon – Oleoresin Capsicum (OC)

1. An officer is authorized to use a chemical weapon after he/she has


clearly displayed a physical presence, has given verbal warning, and
verbal commands to a resisting subject. Deploying a chemical weapon
by “element of surprise” (no necessary displayed physical presence,
verbal warnings or verbal commands) is authorized in situations where
this technique can be used to de-escalate and/or prevent a subject from
harming themselves or others (as defined by the Code of Virginia).

A subject failing to comply and showing no intention of compliance to


an officer’s official, lawful instructions may be incapacitated by the use
of a chemical weapon.

2. The use of this weapon should, in most cases, eliminate the need for
actual countermeasures and the possibility of an officer or subject injury.

3. Chemical weapons may also be utilized on a subject, previously under


control, who suddenly reacts violently and requires immediate attention
during the post-arrest and/or booking process.

4. The use of a chemical weapon is intended solely as a control device to


minimize injuries to officers and/or subjects. Its purpose is to enable the
officer to carry out his/her duties in a safe, efficient and most
professional manner. The timely and appropriate use of an approved
weapon can greatly reduce injuries to both officers and subjects. Any
escalated force may thereby be avoided.

5. Chemical sprays shall not be used to threaten to elicit information or


persuade people to comply with orders, nor shall they be used on people
who are handcuffed, secured, and properly in custody.

6. Keep the application to the absolute minimum required to effectively


control the subject.

7. Do not use on persons who are visibly sick or who are not in possession
of their normal protective reflexes (such as being able to turn away from
the applied spray). NOTE: Applying a chemical agent to such persons
can result in injury out of proportion to the threat they may present.

D. Authorized Use of a Chemical Weapon – Pepperball Gun


(Oleoresin Capsicum Powder Projectile)

1-6.1 5
General

Pepperball Air Guns (trained ERT members only) may be used in a


variety of law enforcement situations that afford the utilization of less-
than-lethal force. Operators can expose subjects to Oleoresin
Capsicum (OC) pepper dust from extended distances by striking their
bodies or objects in their vicinity with a pepper ball projectile. The
OC dust from the ruptured projectile causes temporary pain and
irritation of the subject’s mucous membranes.

The Five Basics of the Pepperball System safety rules that every
Pepperball System operator must comply with:

a) Treat all Pepperball launchers as though they are loaded.


b) Keep your finger outside (above or below) the trigger guard until
you are on target and ready to fire.
c) Point the muzzle in a safe direction at all times. Use the Laser
Rule to remember to keep the Pepperball launcher safe during
operations. Always treat the muzzle of the projectile launcher as if
it is a laser fun with the beam on- wherever the laser beam touches,
it cuts through.
d) Be sure of your target and what is beyond it.
e) Never target eyes, face, throat, or spine. The Pepperball system
can cause serious injury to those areas.

1. Training/Authorization for Use

a) A certified Instructor shall coordinate training to familiarize


Sheriff’s Officers supervisors and designated officers with
the operation and deployment of the Pepperball Gun.

1. Only the trained personnel are authorized to operate the


gun; however, the supervisor in charge may designate
temporary, emergency operators at their discretion. In
such a case, the supervisor in charge shall submit a
memo explaining the circumstances of deployment
through the chain of command to the Sheriff.

2. Supervisor may request that members in their command


be trained with the Pepperball Gun by submitting a
written request through channels to the Sheriff. If
approved, the request will be forwarded to the
Instructor.

1-6.1 6
b) The Instructor shall coordinate biennially refresher training
and be responsible for disseminating new training
information and data/analysis from Sheriff’s Office
Pepperball Gun deployments to all authorized operators.

c) The Instructor shall maintain a list of authorized operators


that will be generated following biennially training date.

Post Application Procedure of Chemical Weapon

1. Officers should be aware that the possibility exists that some persons
may experience cardiac distress as a result, not of the application of the
chemical, but as a result of the stress of the incident. Personnel should
be trained to watch for “bad Company”:

a. Profuse Sweating
b. Chest Pain
c. Slow (5-6 BPM) shallow breathing

(These are not normal effects of the chemical agent, but do indicate that the
subject is experiencing some cardiac distress and may require medical
assistance.)

2. Once the incident becomes controllable, the officer who applied the
chemical use of force will contact the supervisor of that shift and brief
the supervisor of the incident.

3. The shift supervisor will forthwith investigate the incident concerning


the application of the chemical use of force. The results of the
investigation will be reduced to writing and submitted as a supplement to
the officer’s incident-based report.

4. The shift supervisor will notify the next level of command concerning
the status of the investigation as soon as practical.

5. The officer that applied the chemical use of force will complete the “Use
of force form” and an “O.C. Exposure report form” that details the use
and effects of the chemical weapon and briefly describing why the
chemical weapon was applied.

6. The officer that administered the agent will note the use of the chemical
weapon in the narrative of the incident-based report. The incident-based
report along with the use of the chemical weapon form will be submitted
to the officer’s supervisor within twenty-four hours of the incident.

1-6.1 7
7. Jail related “O.C.” form and the Use of Force report are submitted to the
supervisor for review and forwarded to the Jail Lieutenant for review.
All others will be submitted by the supervisor for review and forwarded
to the Accreditation Captain for review

8. All jail related “use” forms are maintained on file in Jail booking. All
others will be maintained in the Accreditation Manager’s office.

Specifications

1. Oleoresin Capsicum (OC) is the only chemical agent/weapon that can be


used by an individual officer. The department will issue the chemical
weapon. Any chemical agent/weapon not issued by the department is
unauthorized.

2. The officer can use his discretion as to which side to carry the chemical.

3. The department approved instructor will provide refresher training to


deputies with oleoresin capsicum biennially by verbal and overhead
instructions on the use of chemical weapons. The instructor will maintain
all training records in his/her files.

E. Electric Shield

1. DEFINITION: ELECTRIC SHIELD – The Shield is a non-lethal device


used by the tactical team for protection and to control subjects by
discharging an electronic current when the shield is applied.

2. CRITERIA FOR USE: The Shield shall only be used by a tactical team
member that is trained in its deployment and use. Officer shall use the
shield in a manner that is consistent with departmental orders and training
guidelines.

a. The Shield shall only be used against aggressive subjects or to


gain control.

3. TRAINING: The department instructor will provide refresher training to


deputies biennially.

F. Taser

1. DEFINITION: TASER – The Taser is a non-lethal device used to


incapacitate subjects by discharging an electronic current in the subject via
two wired probes. The Taser may also be used in a touch-stun capacity
with a fired cartridge in the device or when the Taser is not loaded with a
cartridge.

1-6.1 8
2. CRITERIA FOR USE:

a) The Taser shall only be used by officer trained in its deployment


and use. Officer shall use the Taser in a manner that is consistent
with departmental orders and training guidelines.

b) The Taser is not a substitute for deadly force.

c) No individual officer shall simultaneously draw and hold a Taser


and any firearm.

d) The Taser may be used when necessary to overcome actual or


threatened physical resistance encountered in the discharge of an
official duty where it is reasonably believed that the use of a less
obtrusive method would either allow the individual to escape, or
would expose the officer or others to physical injury.

e) The Taser may be used to protect a subject when that person is


either attempting to injure himself or commit suicide.
f) The Taser may be used in the touch stun mode to gain control of
suspects displaying resistance.
g) The Taser may be used to defend against animal attacks.

3. AUTHORIZED USE:

a) Only those officers who have successfully completed the


approved certified training will be authorized to use the Taser.
Officers must be re-certified annually.

b) Only department issued Tasers will be used. No personal Tasers


will be allowed.

The use of the Taser is considered a reportable use of force. (See GO 1-


6.3 for additional considerations on reporting Taser usage.)

G. Asp Baton

1. Officers must first attend and successfully complete a (8) eight-hour


training session to be authorized to carry and utilize. This session will
be conducted by an agency approved by the Office. All training will be
conducted by instructors certified in the use of the Asp Baton. Officers
that have been trained with the Asp will attend refresher training
biennially.

1-6.1 9
2. Officers have at their disposal the Asp baton, an intermediate impact
weapon, which they may utilize to defend themselves or another
person. Officers may have to rely on these weapons to subdue a
violently resisting subject, however, officers must realize that blows
delivered to the head could prove fatal and that blows delivered to other
vulnerable areas are often more effective. The baton, when used to
restrain, as in a choke hold, can be fatal. Such holds are to be used with
extreme caution.

3. The Asp baton will not be used to strike handcuffed individuals


properly secured and in custody, nor as a threatening device to
intimidate people.

4. The Asp baton may be used in the following circumstances:

(a) When a subject violently resists arrest and assaults or attempts to


assault an arresting officer, or the threat of assault by posture or
verbally.

(b) As a defensive weapon, when the officer or another individual is


physically assaulted by an assailant.

5. The target areas of the asp baton shall be those areas of the body
selected for their physiological vulnerability combined with their less
lethal potential as a baton target. These are:

(a) center mass of the arm


(b) center mass of the leg
(c) center mass of the body (belt buckle)

6. Strikes to the head, neck, groin, sternum, and spine may cause
permanent injury or death. A baton strike in one of these areas is
considered use of deadly force. Officers shall refrain from striking a
subject in these areas except when the following conditions exist:

(a) When an officer or citizen is being assaulted or attacked and all


attempts to restrain the assailant and avoid personal injury to the
assailant and the officer or citizen have been exhausted.

(b) When all attempts to effect an arrest have been exhausted and the
officer is losing control of an extremely violent subject.

(c) When an accidental blow is struck to the head or throat area


during an attempt to effect an arrest and defend against possible
injury.

1-6.1 10
7. The baton shall be carried in its scabbard until a potentially dangerous
situation arises or when a hostile subject must be removed or subdued.
The Asp baton should not be twirled or flagrantly displayed.

H. Blackjacks

Blackjacks or saps are not issued and will not be sanctioned.

I. Stun Belt

The Stun Belt is a non-deadly device used more as a deterrent than a


non-lethal weapon. Refer to Policy GO 1-6.2

V. DEADLY FORCE

A. Firearms - general

1. Firearms may be used:

a. In defense of the deputy or others from what is reasonably


believed to be an immediate threat of death or serious bodily
harm.

b. To prevent the escape of a fleeing felon, whom the deputy


has probable cause to believe will pose a significant,
immediate threat to human life should he/she escape. No
other reasonable means of capture must be available to the
deputy in this case without endangering the deputy’s life or
the life of another person.

(l) In evaluating a "significant threat," the deputy must


reasonably believe that the person has either used
deadly force in the commission of a crime or may
inflict death or serious harm to the deputy or others if
apprehension is delayed.

(2) Where feasible, deputies shall identify themselves


and give a warning before shooting.

c. To kill seriously injured or dangerous animals when no other


disposition is reasonably practical. A supervisor's approval
should be sought when possible.

d. In routine firearm training or practice at an approved range.


All deputies of the Martinsville City Sheriff’s Office qualify
with their service weapon at least annually.

1-6.1 11
2. Before using a firearm under circumstances 1.a and 1.b above,
deputies shall identify themselves when feasible.

B. Shotgun/ Patrol Rifle

1. The shotgun/ patrol rifle shall only be used when a possibility exists
that the deputy will be dealing with an armed suspect, e.g., armed
robbery in progress, searching for armed suspects, answering calls
when the complainant has indicated that a person is armed.

2. Shotguns/patrol rifle shall be encased and carried in sheriff’s office


vehicles. When the shotgun/patrol rifle is not encased it shall be
carried with the safety on at all times until there is an immediate need
to fire the weapon.

Note: The Martinsville City Sheriff’s Office permits the use of


shotguns and patrol rifles by deputies. The ERT team uses
shotguns in their tactical equipment inventory. Deputies that use
shotguns and patrol rifles are required to qualify annually. Until
the weapon is ready to be fired, the safety is required to be on.

3. Shotguns/patrol rifles shall be removed from vehicles before leaving


them at any garage or service department.

4. During regular firearms qualification, each deputy authorized to use


a shotgun/patrol rifle shall be required to demonstrate proficiency
with the weapon.

5. Any malfunctions or problems with office weapons shall be


immediately reported to the departmental armorer.

6. The general rules for the use of firearms above apply to shotguns/patrol
rifles.

VI. LIMITATIONS ON FORCE

The following acts associated with the use of force are prohibited.

A. Firing into crowds.

B. Firing a warning shot. Warning shots are strictly prohibited.

C. Firing at or from a moving vehicle. Firing at a moving vehicle is prohibited


except where the deputy reasonably believes that:

1-6.1 12
1. An occupant of the other vehicle is using, or threatening to use,
deadly force by a means other than the vehicle; OR

2. A vehicle is operated in a manner deliberately intended to strike a


deputy or a citizen and all other reasonable means of defense have
been exhausted (or are not present), including moving out of the path
of the vehicle and the safety of innocent persons would not be unduly
jeopardized by the deputy’s action.

3. Deputies shall not fire at or in the direction of a vehicle that no


longer poses an immediate threat.

D. Firing into a building or through doors when the person fired at is not clearly
visible unless deputies are being fired upon from such building or through
such door.

E. Firing at a suspect when lesser force could be used and the deputy believes
that the suspect can be apprehended reasonably soon thereafter without the
use of deadly force, or when there is any substantial danger to innocent
bystanders. (When in doubt, don't shoot.)

F. Application of choke hold or carotid control holds, except when the deputy
reasonably believes such holds are the only means of protecting him/herself
or another person from an imminent threat of serious physical injury or
death.

G. Use of flashlights as batons. A deputy may use a flashlight or other object


designed for a use other than as a weapon only to defend him- or herself or
another from imminent serious physical injury or death. The use of a
flashlight under such circumstances shall be deemed an application of deadly
force.

H. The carrying or use of saps, blackjacks, slapjacks.

I. Use of deadly force against unarmed, non-dangerous fleeing felons, fleeing


misdemeanants, or traffic offenders.

J. Any use of force not reasonably necessary in the light of the circumstances
confronting the deputy.

K. Any forcible enforcement action when off duty except in circumstances


which seriously threaten life, valuable property, or public order.

1-6.1 13
VII. WEAPONS

A. Duty weapon

While on duty, a deputy shall carry a sheriff’s office issued or approved


weapon only. The sheriff’s office shall issue ammunition for the weapon.

1. Any deputy who wishes to carry a personally-owned back-up


weapon on duty must request permission, in writing, to the sheriff.
Weapons shall be inspected and approved by the range
instructor/armorer. Deputies shall be responsible for supplying
ammunition for their personally-owned on and off-duty weapons. No
remanufactured ammo is to be used in either agency-issue or off-
duty weapons.

2. The Firearms Instructors shall maintain a record of all weapons used


by officers either on or off duty. The record lists weapon
descriptions, date of issue, and information pertaining to
qualifications.

B. Off-duty weapons

Deputies may carry a handgun when off duty. A deputy who elects not to
carry a handgun while off duty shall not be subject to disciplinary action if
an occasion should arise in which he or she could have taken police action if
he were armed. Deputies who wish to carry off-duty weapons shall make
such request by memo to the Sheriff. The memo shall state the type of
weapon to be used off-duty. The Sheriff shall respond in writing to any
request for the use of an off-duty weapon.

1. Exception: While operating a sheriff’s office vehicle, off-duty


deputies shall be armed with an approved weapon.

2. Deputies who carry off-duty weapons must understand that in some


social situations (e.g., sports) the carrying of a firearm is
inappropriate.

3. Deputies who have consumed alcoholic beverages shall not carry


an off-duty weapon under any circumstances.
4. All deputies shall submit off-duty weapons to the range instructor
for inspection and firing before carrying them.

5. Deputies who obtain a concealed weapon permit per the Code of


Virginia shall comply with the requirements of this general order.

1-6.1 14
6. Although the sheriff’s office requires deputies to carry office
identification at all times, any time that deputies carry a firearm off
duty they shall carry their Martinsville City Sheriff’s Office
identification and badge.

C. Non-lethal weapons

1. Deputies who wish to carry non-lethal weapons on duty or off shall


make such request by memo to the Sheriff. The memo shall state the
type of weapon to be used off-duty. The Sheriff shall respond in writing
to any request for the use of a non-lethal weapon.

2. All deputies shall have non-lethal weapons inspected by an appropriate


instructor of that weapon before carrying them.

D. Qualification

No deputy shall carry or use any firearm or non-lethal weapon or issued


copies of documentation thereof, unless he or she has received training in the
use of force and demonstrated proficiency in its use of each weapon carried.

1. Deputies who fail to pass the qualification shall be relieved of any duties
that may require the use of a firearm and immediately reassigned to non-
enforcement duties that do not require a firearm and immediately given
remedial training.
2. At a minimum, deputies shall qualify within every calendar year with
any firearm they are authorized to use.
3. Deputies are required to undergo refresher training once within every
two calendar years for any issued/authorized weapons other than
firearms.
4. At a minimum, deputies shall and receive use of force training annually.

VIII. REPORTING USE OF FORCE

A. Deputies shall document any application of force (except for those arising in
training or office demonstrations), in a detailed incident report along with the
use of force report. Include if any injuries occurred while force is used or if
alleged injuries have occurred even if no force was used at all. Please include
what level of necessary force was used ( to include officer presence, verbal
commands), and submit all required report writing to your acting supervisor
for review. Supervisors please review all reports and submit them to
administration for review.

B. If deputies have employed chemical, electrical charged weapons or any


higher degree of force, they shall first render medical aid and then:

1-6.1 15
1. Immediately notify the on-duty supervisor or the next in command (if the
on-duty supervisor is unavailable) of any use of physical force.

2. Submit an incident and a use of force report to administration within 24


hours describing the incident and any medical aid rendered, and shall
substantiate the force used. The report shall be in addition to any other
reports. Reports should include whether injuries have occurred from a
non-weapon use of force, or if alleged injuries have occurred even
though no force was used. Please be detailed in all documentation of the
events as it happened.

IX. OFFICE RESPONSE

A. Assignment

Pending administrative review, any deputy who has taken the life of or
seriously injured another person shall be removed from line-duty
assignment. This action protects both the deputy’s and the community's
interest until the situation is resolved.

B. Review

1. The sheriff or designee shall review all reported uses of force to


determine whether:

a. Sheriff’s office orders were violated.


b. Relevant office policy was clearly understandable and
effective to cover the situation.
c. Sheriff’s office training was adequate.

2. The sheriff may request an outside agency such as the State Police to
investigate any incident in which force was applied.

C. Psychological services

The sheriff whenever deemed appropriate will normally direct psychological


follow-up of post-shooting trauma. During an internal investigation, the
sheriff’s office shall do all within its power to avoid placement of a stigma
on the deputy who discharges a firearm in performance of duty. Following a
shooting resulting in a death, the deputy shall not return to duty until a
psychological evaluation has been conducted, and the deputy has received
any necessary counseling.

This policy supersedes all previous administrative directives.

1-6.1 16
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: React Belt System POLICY NUMBER: 1-6.2
EFFECTIVE DATE: 02/05/01 Number of Pages 1-4
REVIEWED ANNUALLY By Sheriff
REVISED DATE:
Authorizing Authority: ________________________________
Sheriff

POLICY:

It is the policy of the Martinsville Sheriff Office to provide a safe, effective


restraint device for use in court with high-risk defendants or during transportation,
to reduce the physical force needed to effectively control combative prisoners or
prisoners who may attempt escape.

PURPOSE:

The remote electronically activated control technology belt system (R-E-A-C-T)


has been adopted to provide a safe, effective restraint device for use in court with
high-risk defendants or during transportation. The device can also be used in other
custody situations to reduce the physical force needed to effectively control
combative prisoners or prisoners who may attempt escape, while reducing the
likelihood of injuries to all involved parties including parties including but not
limited to innocent bystanders.

I. TRAINING

No officer may operate the R-E-A-C-T Belt, either in the belt’s daily maintenance or in
use with prisoners, unless that officer has completed a departmentally approved training
course on the use of the R-E-A-C-T Belt as required by STUN TECH INC. Deputies that
have been certified are required to undergo refresher training biennially.

II. MAINTENANCE

Each officer, hereafter designated as “control officer”, responsible for maintaining the
belt, will exercise due care and diligence in making sure the batteries are charged and
replaced as necessary.

No officer will attempt to repair or alter this unit without first consulting with factory
personnel (other than charging the batteries).

At no time will a “control officer” relinquish a belt to untrained, unsupervised personnel.

1-6.2 1
III. USE OF THE R-E-A-C-T BELT SYSTEM:

A. Application

Before the R-E-A-C-T Belt is applied to a prisoner the following steps shall be
followed.

1. Remove the unit from charger.


2. Verify identical numbers on receiver and electronics package.
3. Turn key on the receiver to the “ON” position.
4. Press the button on the receiver.

A. Maintain contact with the button.


B. You will hear a second tone followed by an audible “cracking”.
C. Release the trigger.
D. The unit will remain operating for (8) seconds.

5. Remove the key from the receiver.


6. Secure the pouch flap by pulling tight and pressing down.
7. Remove any trouser belt from the subject.
8. Apply the belt from the back, placing the belt around the midriff area with
the “D” ring in front.
9. Advise the subject to take (3) deep breaths. At the end of the third breath,
when he/she exhales pull the belt tightly, securing it through the rings in
the back.
10. The belt should ride above the waist.
11. The electronics pouch should be on the left side, to the rear of the armpit
but to the left of the backbone.
12. Decide on the level of security, handcuffs or shackles.
13. Complete application checklist when used. (Attachment A)
14. While the belt is applied to a prisoner, at least one officer shall be in
control of the prisoner and the electronic activation device, this
Officer shall be called the “Control Officer”.

B. Approved uses of the belt

The R-E-A-C-T Belt may be used in the following situations to provide added
security and restraint in dealing with a high risk or problem prisoner.

1. Transportation to another correctional facility.


2. Transportation to a medical appointment, or a medical facility.
3. During court appearances, especially jury trial when no other restraint
devices can be used.
4. Any other time an officer has reason to believe the prisoner may attempt

1-6.2 2
escape, or may be violent.

IV. NOTIFICATION TO COURT OFFICIALS

When the R-E-A- C-T Belt is used on a prisoner for a court appearance, the
Attorney for the prisoner, and the Judge of the court shall immediately be notified
of the belts use, and the reasons for its application. If this notification cannot be
made prior to trial, it shall be made as soon as possible thereafter.

V. ACTIVATION

A. The belt may be activated under the following circumstances.

1. Any attempt to escape or assault anyone.


2. Any outburst or movement, which appears to threaten escape or
assault.
3. Any failure to comply with the lawful direction of the custodial officer.
4. Any tampering with the belt.
5. Any time the wearer moves out of sight of the control officer, without their
permission or knowledge.

B. After the belt has been activated the following shall be followed.

1. Secure the prisoner with handcuffs or other devices as necessary to


control the prisoner.
2. In the event the prisoner is able to resist being immobilized after a
activation, a second activation shall be initiated.
3. Subsequent activation’s will be used only if the prisoner is still actively
attempting assault or escape. If the prisoner’s actions are limited to
resistance to being secured, other physical restraint techniques should
be used.
4. Use of the audible tone as a warning should be used where and when
possible. However, acts of aggression or escape will warrant immediate and
swift response.

VI. PROCEDURES AFTER ACTIVATION

A. The following procedures shall be followed after activation on a prisoner.


1. Immediately report the activation to your supervisor.
2. Complete activation form. (Attachment B)
3. Have the prisoner examined by medical personnel if they complain of any
medical problems.
4. As soon as possible after the activation take photographs of any contact
marks and any secondary injuries.

1-6.2 3
VII. PROHIBITED USES OF THE R-E-A-C-T BELT SYSTEM

A. The R-E-A-C-T Belt System shall not be used in the following circumstances.

1. With pregnant women.


2. With persons known to have heart diseases, multiple sclerosis, or
muscular dystrophy.
3. To unlawfully threaten, coerce, harass, taunt, or abuse any person.
4. In any form of horseplay between staff or with persons outside the
department.
5. Persons violating “C” or “D” will be subject to departmental discipline
and may be subject to criminal prosecution.

This policy supersedes all previous administrative directives.

1-6.2 4
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Taser—Care of and Post Use Procedures POLICY NUMBER: 1-6.3

EFFECTIVE DATE: 07/20/07 Number of Pages 1-6


REVIEWED ANNUALLY By Sheriff
REVISED DATE:
Authorizing Authority: ________________________________
Sheriff

POLICY:

To care for the Taser and to handle the Taser, probes and subject after use in order to
maximize the safety of all individuals involved in an incident.

PURPOSE:

To establish guidelines for the care and post use procedures of the TASER.

I. DEFINITION: TASER – The Taser is a non-lethal device used to incapacitate


subjects by discharging an electronic current in the subject via two wired
probes. The Taser may also be used in a touch-stun capacity with a fired
cartridge in the device or when the Taser is not loaded with a cartridge.

II. HOW TO CARRY

A. When in the field, the Taser shall be carried in the department-approved


holster. The holster shall be carried opposite of the officer’s duty sidearm
or secured in a locked patrol car.

B. The Taser should remain holstered at all times unless it is being tested,
inspected, or when used in accordance with department policy.

C. The Taser will be carried in the holster with the safety in the “ON”
position.

1-6.3 1
III. READINESS AND SAFETY OF THE TASER

A. When in the department, the Taser shall be loaded and unloaded with the
safety in the “ON” position and directed away from confined spaces or
other personnel.

B. The Taser’s energy level should be checked prior to each shift. This can
be accomplished by pointing the Taser in a safe direction, removing the
cartridge, then taking the safety off safe mode and reading the rear display.
Any Taser with 20% or less energy level should not be used for duty until
the battery is replaced or recharged.

C. A spark test should be conducted at the beginning of the shift.

Spark Test Procedures:

1) Ensure that the safety is in the “ON” position.

2) Remove the air cartridge.

3) Point the Taser in a safe direction and place the safety switch in
the up (FIRE) position.

4) Pull the trigger and perform a spark test for a minimum on one
second. Check for a visible spark between the electrodes and a
rapid spark rate. There is no need to conduct a full five-second
firing.

5) Ensure the safety is in the “ON” position.

6) Replace the air cartridge.

D. Active cartridges should be checked at the beginning of the shift for


integrity. Any cartridges that are damaged or that have expired will be
turned in to a Taser Instructor to be disposed of.

E. When not in use the Taser will be properly secured in a Taser holster.

IV. DEPLOYMENT OF THE TASER

A. Handle the Taser like you would a loaded weapon.

B. No individual officer shall simultaneously draw and hold a Taser and any
firearm.

1-6.3 2
C. The Taser shall not be purposely fired at the head, neck, or genital area.
The laser will not be intentionally aimed at any person’s eyes.

D. Whenever possible, steps should be taken to obtain back up personnel


prior to the use of the Taser. Back up personnel should be deployed in
such a manner as to provide lethal cover if needed and to enable to them to
take the suspect into custody.

E. Whenever a Taser is to be deployed, it is the responsibility of the


deploying officer to make other officers on the scene understand that the
Taser is being deployed and not lethal force. This should be done prior to
the deployment of the Taser if at all possible. This will be done by
announcing “TASER” several times.

F. Unauthorized Use of the Taser:

1) The Taser shall never be used near flammable liquids or fumes,


blasting caps or explosives, or in highly flammable environments
such as clandestine labs.

2) The Taser is not intended for use on any known or obviously


pregnant females as this could cause complications from
secondary injury or fall.

3) The Taser is not intended for use on any subject where severe
injury would result in a fall from significant heights or into a
hazardous environment. When used in or near any body of water
the ability to rescue the subject should be taken into
consideration.

4) The Taser will not be deployed from or at a moving vehicle,


unless it can be justified in the defense of one’s life or that of
another.

5) At no time the Taser be used for the purpose of punishment or as


an interrogative device.

6) No officer shall playfully, maliciously, or intentionally misuse


the unit in a display of power or against and individual except to
lawfully gain control of a situation.

V. POST USE PROCEDURES

A. After use of the Taser, as soon as is safe to do so, restrain the suspect.

1-6.3 3
B. Assess the subject for injuries. Provide appropriate medical attention.

C. Probe Removal

1) Do not attempt probe removal if the subject is combative or if the


location of the barb is in the face, neck, head, groin, female
breasts, or deeply embedded. In such cases, the subject shall be
transported to a medical care facility for care and probe removal.

2) Probes may be removed by an officer who is trained to do so and


in the presence of another officer.

3) Probes will be removed in accordance with established


procedures.

4) After removal of probes, the officer will clean the wound with an
antiseptic wipe, and then apply a band-aid.

5) Officer should inspect the probes after removal to ensure that the
entire probe and probe barb has been removed. In the event that
any part of the probe barb is still embedded in the subject’s skin,
the officer will notify the appropriate medical personnel to
facilitate the removal of the object.

6) Officer shall wear protective gloves during the removal of the


probes.

D. Photographs will be taken of the probe impact sites and/or touch stun
application points and any other injuries.

E. The Taser cartridge and probes used shall be gathered, photographed and
disposed of as biohazard. If possible a sampling of AFID “microdots” that
are discharged with the probes should be collected and booked as
evidence.

F. User of the Taser shall be fully documented in a Use of Force Report.


(See G.O.1-6.1) The expiration date of the cartridge shall be listed in the
report.

VI. SUPERVISOR RESPONSIBILITY

A. The immediate supervisor will be notified any time a Taser is used on a


subject or accidentally discharged.

B. The supervisor will:

1-6.3 4
1) Respond to the scene where the Taser has been deployed.

2) Ensure that appropriate medical treatment is provided to all


subjects.

3) Ensure that photographs are taken of injuries including probe


penetration sites and any other injuries.

4) Ensure that the incidents involving any discharge of the Taser are
investigated and documented per department policy.

VII. REPORTING USE OF TASER

A. Any officer, who discharges a Taser for any reason, other than at an
approved training exercise, will notify an on-duty supervisor.

B. The incident will be appropriately documented according to department


policy.

VIII. TASER CARE

The Taser shall be encased in its protective holster when not in use. Care
should be taken to avoid dropping the weapon or exposing it to significant
amounts of moisture. If a Taser has been dropped or otherwise damaged, or is
exposed to a significant amount of moisture, do not move the switch to the up
(armed) position until after conducting the following check.

A. Remove the air cartridge immediately.

B. If exposed to moisture, dry the weapon thoroughly (at least 24 hours)


before proceeding.

1) Remove the X26 DPM from the weapon. Remove battery


from the tray.

2) If there is any visible moisture inside the DPM well of the X26
it should be removed for service and turned in to a Taser
instructor.

3) Wipe off all exposed surfaces.

4) After 24 hours, ensure that all components are completely dry.


Put the battery back in.

5) Wait one minute before proceeding to next step.

1-6.3 5
C. Place the safety switch in the up (armed) position. If the weapon
discharges without pulling the trigger, place the safety switch in the down
(safe) position, remove the battery and turn the X26 and battery in to a
Taser instructor.

D. If the weapon does not discharge without pulling the trigger, conduct a
spark test for a full five second cycle and ensure a rapid pulse rate and that
the discharge stops after five seconds.

E. If the Taser does not operate normally turn it in to Taser instructor.

F. If the Taser operates normally, place the safety switch in the down (safe)
position and return to normal use.

If the Taser is dropped or knocked out of the hand, upon recovery,


spark test the Taser as soon as possible to determine if any damage
occurred. Prior to performing the spark test, the cartridge will be
removed and the Taser pointed in a safe direction. The air cartridge
will also be checked to ensure that it is intact and damaged. There
shall be no attempt to alter, tamper with or repair the Taser by any
officer. Defective Tasers will be immediately removed from service
and secured by the on-duty supervisor for inspection by a Taser
instructor. The instructor will download all data from the Taser prior
to sending it to the factory for repair.

IX. TRAINING

Officers are trained initially by certified instructors and annually for


refresher training every calendar year.

This policy supersedes all previous administrative directives.

1-6.3 6
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: PRISONER RESTRAINTS POLICY NUMBER: 1-7.1

EFFECTIVE DATE: 6/20/07 Number of Pages 1-3


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 9/7/20
Authorizing Authority: ________________________________
Sheriff

POLICY

The deputies’ responsibility for the safe custody of prisoners permits some
discretion in the use of handcuffs and restraining devices. The office requires
deputies to observe their own safety and that of the people they transport by
carefully restraining most prisoners (except children) who must be taken to a jail or
other location. See also GO 1-14, Transporting Prisoners.

II. PURPOSE

To establish guidelines for the use of handcuffs and restraining devices.

III. PROCEDURES - Persons in Custody

A. General

1. Deputies shall handcuff or restrain all transported adults and


juveniles.

2. A threat of property damage or injury posed by the suspect may


require restraint through a body belt, leg or ankle restraints, or a
vehicle cage.

B. Handcuffs

1. Deputies shall handcuff a person with the hands in the back, palms
facing outward, but may use alternate methods if the prisoner meets
any of the following conditions:

a. Is obviously pregnant.

1-7.1 1
b. Has a physical handicap.

c. Has injuries that may be aggravated by standard handcuffing


procedures.

2. Deputies shall not handcuff a person to the transport vehicle or any


part of it, or to any other fixed object such as a door or pipe.

3. Deputies shall double-lock handcuffs to help ensure prisoner and


officer safety. Double locking reduces the chance of picking the lock
or of the bracelet accidentally closing, further restricting circulation.

C. Waist Chain

The waist chain allows the deputy to handcuff the prisoner in front yet
restricts the movement of the prisoner's arms and hands.

D. Ankle shackles

Ankle shackles shall be used by deputies when transporting any prisoner


they have reason to believe might be an escape risk.

IV. PROCEDURES - Persons not arrested

A. If deputies have a reasonable suspicion that a suspect has been involved in a


violent offense, then handcuffs may be applied while deputies investigate the
possibility that criminal conduct occurred.

B. Persons not arrested but who are subject to investigative detention may be
restrained under the following circumstances.

1. Suspects shall be handcuffed only as long as necessary to accomplish


the investigative goal.

2. Handcuffing of suspects shall be accomplished with minimal


discomfort to the suspect.

3. Deputies shall limit the number and type of restraints used on the
suspect to what is reasonably necessary to accomplish the
investigation.

1-7.1 2
V. SPECIAL CIRCUMSTANCES

A. Positional asphyxia

Deputies shall not hog-tie suspects by placing them in a prone position with
the hands and ankles bound from behind with handcuffs, belts, or other
devices. As soon as any suspect who is lying on his or her stomach has
been handcuffed, deputies shall roll the suspect onto his or her side, or place
the suspect in a sitting position.

1. Positional asphyxia occurs when the position of the body interferes


with respiration. A prone, hog-tied suspect may suffocate.
Intoxication, presence of a head injury, obesity, and physical
disability are all circumstances that can increase the possibility of
suffocation.

2. Ascertain if the suspect has used alcohol or drugs recently or suffers


from any cardiac or respiratory problem. Monitor the suspect and
obtain medical treatment if necessary.

This policy supersedes all previous administrative directives.

1-7.1 3
. GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: PRISONER TRANSPORTATION POLICY NUMBER: 1-8.1

EFFECTIVE DATE: 06/01/07 Number of Pages 1-10


REVIEWED ANNUALLY By Sheriff
REVISED DATE: 4/4/12, 12/16/16, 9/25/18
Authorizing Authority: ________________________________
Sheriff

POLICY

The movement of prisoners from the detention facility, such as the city jail, to a
hospital, doctor, dentist, or other medical facility, to court, or to attend a funeral or
visit a seriously ill relative, and for other reasons. In all instances of transfer of
persons in custody, deputies shall take care not to endanger themselves while
ensuring the prisoner's safety, thus limiting opportunities for escape.

PURPOSE

The purpose of this policy is to establish procedures to ensure that prisoners are
transported safely.

PROCEDURES:

A. General

1. Unless no other type of marked vehicle is available, all prisoners shall be


transported in secure, caged vehicles.

2. When picking up a prisoner from any facility, the deputy shall verify the
identity of the prisoner.

3. The transporting deputy shall obtain from the custodian of the prisoner any
paperwork, property, or medical records that should accompany the transfer
of the prisoner.

B. Transport of Juveniles

1. In no case shall a juvenile known or believed to be under the age of 18 years


old, be transported with adults suspected of or charged with criminal acts.

1-8.1 1
2. When transporting juveniles, odometer mileage will be given to
communications prior to transport. Upon arrival to the designated facility or
any other destination, odometer mileage will be given to Communications
ending the transport.

3. When transporting any juvenile of the same sex as the transport deputy, no
additional deputy is needed unless the transport takes the officer outside the
Martinsville, Henry County boundaries or beyond the normal W.W. Moore
Juvenile Detention Facility located in Danville, Virginia. Two deputies are
required and must be present to transport. Transport deputies can consist of
male and female, and or two male deputies.

4. When transporting juveniles of the opposite sex, a female deputy may


transport without an accompanying deputy if the juvenile poses no threat
and is within the Martinsville, Henry County boundaries or within the W.W.
Moore Detention Facility located in Danville, Virginia.

5. When transporting juveniles of the opposite sex, a male deputy must be


accompanied by an additional deputy if the transport is outside the
Martinsville, Henry County boundaries or within the W.W. Moore Detention
Facility located in Danville, Virginia. Transport deputies can consist of male
and female, and or two male deputies.

* Note: An exception to juvenile same sex transports may vary if the


transporting officer is equipped with their fully functioning
Body-worn Camera (BWC). Officers will be allowed to transport
same sex juveniles by themselves outside the boundaries of
our jurisdiction and surrounding Henry County if the distance
of travel is reasonable, the juvenile is cooperative, and if the
officer feels comfortable to do so. The BWC must be present on
the transporting officer, functioning properly, and recording
the transport in its entirely while the juvenile is in transient.
Odometer mileage must be recorded by communications as set in
this policy as well.

C. Searching the prisoner

1. The transporting deputy shall always search a prisoner before placing him or
her into the vehicle. Deputies must never assume that a prisoner does not
possess a weapon or contraband or that someone else has already searched
the prisoner. The transporting deputy shall conduct a search of the prisoner
each time the prisoner enters custody of the deputy. See paragraphs E, G,
and I for a discussion of prisoner restraining devices.

1-8.1 2
2. When handling and searching prisoners, deputies shall remain
mindful of the
office's infectious diseases exposure control plan and shall use personal
protective equipment when necessary.

D. Searching the transport vehicle

The transporting deputy shall search the vehicle before each prisoner transport to
ensure that no weapons or contraband are available to the prisoner. Further,
after delivering the prisoner to his or her destination, deputies shall again search the
transport vehicle to ensure that the prisoner did not hide contraband or other
evidence.

E. Transport equipment

1. Vehicles are equipped with a safety barrier separating the front and rear
compartments. Normally, these vehicles will be used in all prisoner
transports in order to prevent prisoner access to the driver's compartment.

2. All vehicles equipped with safety barriers and used in transporting prisoners
have the rear interior door and window disabled in order to minimize the
risk of escape by prisoners while transporting.

F. Positioning of prisoners in the transport vehicle

1. When a deputy transports a prisoner in a caged vehicle, the prisoner shall be


positioned in the rear seat and secured with seat belts. Prisoners shall be
restrained by the use of proper restraints.

2. When a deputy transports a prisoner in a non-safety barrier vehicle, the


prisoner shall be placed in the right front seat and secured with a seat belt.
The prisoner shall be restrained by the use of waist chains and handcuffs. A
lone deputy shall never transport two or more suspects in a non-caged
vehicle unless directed by a supervisor.

3. If more than one deputy transports prisoners in a non- safety barrier vehicle,
the following procedures shall be observed.

a. One deputy shall position him or herself in the rear of the


transporting vehicle behind the driver’s seat with the prisoner (seat
belted) on the opposite side.

b. In a situation where more than one prisoner is transported by two


deputies in the same vehicle, the prisoners shall be positioned on the
rear seat (seat belted) and the assisting deputy should position
himself in the front seat in order to see the prisoners at all times.

1-8.1 3
4. Deputies shall not transport prisoners who are restrained in a prone position.
Doing so risks positional asphyxia, a form of suffocation for the restrained
suspect that may cause death.

G. Control of prisoners while transporting

1. Observation

a. During transportation, deputies shall continually observe the


prisoner, even when it becomes necessary to allow the prisoner the
use of a toilet.
b. In a situation where observation is not possible (woman prisoner
needing toilet facilities and male transporting deputy or vice versa),
the deputy shall exercise as much control of the situation as possible.
The prisoner shall not be allowed in the facility with another person
and the deputy shall ensure that there are no escape routes within the
facility and no weapons available to the prisoner.

c. If a prisoner appears lethargic, ill, or physically unresponsive, the


deputy shall:

1) Conduct close observation of the prisoner; questions such as,


“are you ill?” or “do you need medical assistance?” would
be appropriate. Sworn personnel are reminded about the
concept of “universal precautions” to be observed when
coming into contact with an individual suspected of or having
a communicable disease.

a) Short of any further indication of a medical condition,


the deputy should advise the receiving correctional
official of any complaint of illness or observations
made of the prisoner.

b) If, in the estimation of the deputy that the prisoner


requires immediate medical attention, a supervisor
shall be notified and emergency medical services
contacted. A deputy shall accompany the prisoner to
the nearest medical facility in order to ensure the
security of the prisoner and safety of medical aid
providers. The deputy shall maintain presence until
relieved by those authorized to do so.

c) Should hospitalization be warranted, the deputy shall


be positioned in such proximity so as to ensure that
security is maintained and escape is prevented.

1-8.1 4
d) A memorandum shall be prepared by the deputy who
initially determines illness of a prisoner in which
medical attention becomes necessary. The
memorandum shall detail observations made and
actions taken.

2. Meals

If the transporting deputy must stop enroute for a meal, he or she should
choose an unfamiliar place. This minimizes any chance of an arranged plan
for someone to try to release the prisoner.
3. Stopping to provide law enforcement services while transporting

a. When transporting a prisoner, the transporting deputy shall provide


law-enforcement services only when:

(1) A need exists for the transporting deputy to act immediately


in order stop or prevent a violent act and prevent further harm
to a victim.

(2) A person has been injured and assistance is required


immediately. (ex: a traffic crash with injuries)

(3) A crime is in progress, thus creating an immediate need to


apprehend the suspect.

b. In all of the above situations, the transporting deputy shall ensure at


all times that the prisoner is secured and protected.

c. Under no circumstances shall a deputy transporting a prisoner


engage in a pursuit.

4. Escape

If a prisoner escapes while being transported, the transporting deputy shall


observe the following procedures.

a. Request assistance immediately from the jurisdiction the deputy is in


at the time of the escape. The transporting deputy shall immediately
provide dispatch with the following information:

(1) Location.
(2) Direction and method of travel, and means of escape.
(3) Name, physical description of escapee.
(4) Possible weapons possessed by the escapee.
(5) Pending charges.

1-8.1 5
b. Try to recapture the escapee as soon as possible. Virginia Code
authorizes a deputy to pursue and arrest the escaped prisoner
anywhere in Virginia if in close pursuit.

c. The transporting deputy shall submit an incident report to the sheriff


as soon as practicable explaining the circumstances of the escape.

5. Prisoner communication

The transporting deputy shall not allow prisoners to communicate with other
people while in transit unless the situation requires it. The deputy shall use
his or her judgment when deciding whether to allow a conversation to take
place between the transported prisoner and another party.

6. Arrival at destination

When transporting prisoners from one facility to another, upon arriving at


the destination, the transporting deputy shall observe the following
procedures:

a. Firearms shall be secured in the designated place at the facility being


entered. If there are none, secure firearms inside the locked trunk of
the transport vehicle.

b. Restraining devices shall be removed only when directed to do so by


the receiving facility or when the deputy is sure that the prisoner is
properly controlled and secure.

c. The proper paperwork (transportation order, jail committal, property


form, etc.) shall be submitted to the proper person at the receiving
facility and, in situations that require it, the deputy shall ensure that
proper signatures are obtained on paperwork to be returned to the
office.

H. Special transport problems

1. Transport of prisoner by officer of different sex

a. When transporting any prisoner of one sex by a deputy of another


sex, an additional deputy will be required to accompany if the
transport is outside the Martinsville, Henry County boundaries. A
female deputy may transport a male prisoner to an adjoining locality
if the prisoner poses no threat. Exceptions to this must be approved
by Administration.

1-8.1 6
b. If using a second deputy is impractical, at a minimum the
transporting deputy shall:

(1) Contact the dispatcher by radio and request that the time and
odometer mileage is logged.

(2) Go directly to the destination by using the shortest practical


route.
(3) Upon arrival at the destination, contact the dispatcher by
radio or cellphone and request that the time and the odometer
reading is logged.

c. When transporting a female prisoner outside the boundaries of


Martinsville, Henry County there must be a female deputy
conducting the transport. If a female deputy is unavailable, two male
deputies can transport. If the transport consists of a lengthy travel,
two deputies are required. The two deputies could consist of female
and male, two male officers, or two female officers.

* Note: An exception to opposite sex transports may vary if the


transporting officer is equipped with their fully functioning
Body-worn Camera (BWC). Officers will be allowed to transport
opposite sex detainees by themselves outside the boundaries of
our jurisdiction and surrounding Henry County if the distance
of travel is reasonable, the detainee is cooperative, and if the
officer feels comfortable to do so. The BWC must be present on
the transporting officer, functioning properly, and recording
the transport in its entirely while the detainee is in transient.

2. Transport of prisoners of opposite sex together

a. Prisoners of the opposite sex are not transported together without


separation of an enclosed steel / cage barrier.

b. No prisoner shall be transported in the front seat of any vehicle or


beside any officer to avoid placing the same sex together.

3. Prisoner with disabilities

a. When transporting a prisoner with disabilities, the transporting


deputy shall request help when needed to complete the transport
conveniently, comfortably, and safely for both the prisoner and the
deputy. The deputy may request the office to contact the rescue
squad for assistance. The transporting deputy shall take whatever
special equipment or medicine is necessary for the prisoner.

1-8.1 7
b. With a disabled person in custody, the transporting deputy must use
common sense. When the disability is such that no danger of escape
or injury to the prisoner or deputy exists, then restraining devices
may be inappropriate.

c. Any wheelchairs, crutches, prosthetic devices, and medication shall


be transported with, but not in the possession of, the
prisoner.

4. Transportation of dangerous/security-risk prisoners from one facility to


another.

a. Transportation to court: When a prisoner is considered dangerous


or a security hazard, courtroom security personnel shall be notified
before the transport takes place in order to plan how best to
minimize any chance of escape, or injury to the prisoner or anyone
else.

5. Transporting Pregnant Offenders

a. It shall be the policy of the Martinsville Sheriff’s Office that


inmates known to be pregnant in our facility and need medical
treatment unrelated to labor and delivery will be restrained in the
least restrictive method necessary advised by our medical staff and
jail physician. Waist chains/belts shall not be used as a form of
restraint. Inmates known to be pregnant shall be handcuffed only in
the front, unless an individualized determination is made that the
inmate is a flight risk or danger to herself or others, or the totality of
the circumstances creates a serious security risk. If this determination
has been made then such inmate will be restrained in the least
restrictive method necessary for outside transport. Waist chains/belts
shall not be used. If any more restrictive restraints are needed during
outside transport, request for those type restraints must be cleared
through supervision and, or administration for review and
justification. A Use of Force report must be submitted immediately
indicating reasons for the use of such restraints were needed.

b. No restraints will be used during labor and delivery unless there is an


individualized determination that restraints are needed. The least
restrictive alternative will be used in consultation with medical
professionals. If restraints are in use, they shall be immediately
removed upon the request of any doctor, nurse, or other healthcare
professional treating the inmate, if the restraints present a threat to
the health or life of the inmate or infant. If any more restrictive
restraints are needed during labor and delivery, request for those type
restraints must be cleared through supervision and, or administration

1-8.1 8
for review and justification. A Use of Force report must be submitted
immediately indicating reasons for the use of such restraints were
needed.

c. During postpartum recovery in the hospital, the inmate shall be


restrained in the least restrictive method (i.e., one ankle restraint or
one arm restraint) that will allow for the mothers safe handling of her
infant and mother-infant bonding, except where necessary when the
inmate is a flight risk, or danger to herself or others, or the totality of
the circumstances creates a serious security risk. If any more
restrictive restraints are needed during the hospital stay, request for
those type restraints must be cleared through supervision and, or
administration for review and justification. A Use of Force report
must be submitted immediately indicating reasons for the use of such
restraints were needed.

I. Restraining devices

1. When prisoners must be restrained during transport, the following


procedures shall be followed unless circumstances require an alternate
method.

a. Prisoners shall be handcuffed with waist belt restraints.

b. Leg restraints may also be used in order to minimize the risk of


injury or escape.

c. Under no circumstances shall a prisoner be handcuffed to any part of


the transport vehicle.

d. The use of a rescue gurney with restraining straps may be used by


certified medical personnel when handling a mentally ill prisoner.

2. Mentally disabled prisoners

The Martinsville Sheriff’s Office does not use strait jackets (restraint jackets)
to transport mentally disturbed prisoners to mental health facilities. If such
devices are required by mental health or rescue unit personnel, such medical
personnel trained in such restraining devices must accompany the deputy to
the designated facility.

J. Supervisory notification

1. When transporting sick, injured, handicapped, mentally ill, or prisoners with


communicable diseases officers must notify a supervisor and complete a
transportation log indicting that notification on that log.

1-8.1 9
K. Hospital protocol
1. When transporting inmates in need of hospital treatment, personnel shall
follow hospital protocol at all times unless such protocol is in direct conflict
with the security of the inmate, hospital personnel, general public, or the
deputy in charge of the inmate.

L. Documentation

Personnel shall document all prisoner transports on the prisoner transport log sheet
located in the vehicles and shall note any unusual circumstances or events. Deputies
shall document the circumstances of any apparently ill or injured prisoners and their
medical treatment. Give names of personnel from and to who the prisoner was
released or transferred.

When transporting persons with a communicable disease, the transport vehicle must
be sanitized / cleaned after use. All proper safety measures will be followed. Areas
affected by the person transported will be cleaned using gloves and the designated
25L cleaning solution (rated to kill all known communicable diseases). If blood or
other bodily fluids are present, such safety measures including the usage of latex,
non-latex gloves, facial mask if needed, eye protection if needed, and 25L cleaning
solution will be used to disinfect all surface related areas. All contaminated cleaning
materials will be discarded in a biohazard bag.

M. Extraditions

1. The Sheriff or designee, working with the Commonwealth Attorney, is


responsible for all logistical considerations concerning out-of-state
extradition of prisoners. This includes but is not limited to:

a. Any intelligence concerning subject to be extradited.

b. Dates and times for extradition.

c. Airline arrangements and other travel considerations.

d. Communications with the subject’s holding facility to discuss


times and proper protocols.

This policy supersedes all previous administrative directives.

1-8.1 10
GENERAL ORDER

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Vehicle Operations/Special Units POLICY NUMBER: 1-9.1

EFFECTIVE DATE: 7/5/07 Number of Pages 1-12


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 11/15/07, 02/29/08,11/18/08, 9/13/12, Authorizing Authority: ________________________________
09/17/12, 8/20/14, 12/4/14, 12/1/16, 5/1/18, 7/28/22
Sheriff

I. POLICY

Given the mission of the sheriff's office involving transports of prisoners and
service of civil process, is shall be binding upon every deputy to operate vehicles
with due regard for safety of all persons. The laws governing traffic safety shall
be stringently observed. Though not a primary responsibility of the Martinsville
Sheriff's Office personnel, it is recognized there will be occurrences in which
traffic law violations are observed and will require an enforcement response. The
Virginia Uniform Summons will be the form utilized to place charges upon a
violator when a violation occurs in the presence of a sworn employee. In other
situations, it shall be necessary to obtain a warrant or summons in lieu from the
magistrate.

With regard to pursuit operations, sworn employees of the Martinsville Sheriff's


Office are prohibited from engaging in vehicular pursuits unless extreme
circumstances exist (See Written Directive 1-9.1.a). Deputies may however assist
the primary law enforcement agency in traffic direction or other type of safeguard
activity, if requested. At no time will a deputy engage in other activities, whether
in the nature of enforcement or assistance when a prisoner is in custody.

Prior to field assignment, employees shall be provided with training that covers at
a minimum the operation of and equipment carried within sheriff's office vehicles,
manual traffic control and completing the Virginia Uniform Summons.

II. PURPOSE

This policy shall serve to provide guidelines for all employees in the operation of
Sheriff's Office vehicles. Guidelines for the enforcement of traffic laws are also
included within this directive.

1-9.1 1
III. PROCEDURE

A. General

1. Employees operating Sheriff's Office vehicles shall exercise due


regard for the safety of all persons. "Due regard for safety" shall
be defined as follows: Each person is held to owe a duty to other
persons to protect them against unreasonable risks.

2. Sheriff's Office vehicles shall be operated in compliance with all


traffic laws and regulations as specified under the Code of
Virginia.

3. Routinely, when a Sheriff's Office vehicle is in operation, the use


of safety belts (seat belts) by employees is required.

a. The Code of Virginia specifies an exemption for the law


enforcement officer transporting persons in custody or
traveling in circumstances which render the wearing of such
safety belt system impractical.

4. Employees shall be held accountable for driving violations which


result in crashes or in damage resulting from abuse, careless and/or
reckless handling.

B. Traffic law violations - sworn employees of the Sheriff's Office have a


duty to protect all persons from imminent/potential danger. It is noted that
most deputies are not trained to handle traffic law enforcement. However,
the following directions shall apply in order to protect the public at large
from those who flagrantly violate traffic law.

1. Driving under the influence - should a sworn employee observe a


driver who exhibits impairment or inability to safely operate a
motor vehicle on the highways, the employee shall notify 911
Communications Center giving updates as to the location of the
suspect, direction of travel and description of vehicle, driver and
license tag number. Upon intercept/arrival of a police officer, the
deputy may stop and render appropriate assistance (i.e. officer
safety issue). The deputy shall not affect a traffic stop unless
circumstances indicate that citizens are likely to sustain harm if the
violator is not stopped.

2. Suspended/revoked driver - notify police dispatch of the identity


and/or description of the individual, description/tag of vehicle, and
direction of travel.

1-9.1 2
3. Speed violation - sheriff's office vehicles are not equipped with
RADAR units. Vehicles that have been calibrated may make a
speeding violation stop for other vehicles see #2 above and #6
below.
4. Other hazardous violations - notify communications to ascertain
the location of the nearest officer; if in the best interest of
community safety that the suspect vehicle must be stopped and a
police officer is too distant or unavailable, the deputy is authorized
to affect the vehicle stop and take appropriate action.
5. Equipment violations - Deputies are not allowed to make traffic
stops for equipment violations, such as for an expired license plate
and state inspection only. Notify communications of the location
and direction of travel of the violator.
6. All other categories of violations - notify communications of the
violation, location and direction of travel of the violator. Deputies
shall not affect traffic stops of violators in unspecified categories
unless there exists an imminent threat (something bad is likely to
happen if action is not taken) to public safety (such as a reckless
driver, and/or a severe speeding situation by a civilian).
7. Violations Committed by Legislators and Military Personnel
If a violation has been observed see 1-6 above, and if a traffic stop
is affected on a legislator or military personnel respect is to be
given to that governmental employee until the police department
takes control of the situation.
8. Incident Report
All Traffic stops listed in 1-7 above require an incident report for
administration.

C. Traffic Stop Procedures

Remember that all traffic stops have the potential to be dangerous or


considered “HIGH RISK”. However, for simplicity of explanation, we
will divide these stops into two categories of low and high risk. Once an
offense has been observed and the deputy determines that a traffic stop
must be made, the following suggested procedures should be followed.

LOW RISK STOPS:


1. Before activating your emergency equipment, pick a safe location
for the stop, where if possible, both your vehicle and the violators
can be off the main travel portion of the roadway. During this time,
you should be giving communications a full description of the
suspect vehicle/occupants and the reason for the stop.

2. After stopping the suspect vehicle, position your unit at least ten
(10) feet behind with a three (3) foot angled offset to the left to

1-9.1 3
protect you from cars approaching from the rear. This position will
also provide cover in the event of gunfire from the suspect vehicle.

3. Upon dismounting and approaching the suspect vehicle, be very


observant of the driver and other occupants for furtive movement.
Pay particular attention to hands. Push down on the trunk lid to
ensure it is locked. Always stand behind the driver’s window to
force the driver to look over his shoulder at you. This will also
present a harder target for the suspect should he/she be armed and
attempt to fire at you. Never walk past the driver’s window unless
you have to. Ask the driver for their license and registration and
after obtaining them, advise the driver of the reason for the stop.

4. Make your decision on enforcement actions, if any. If you return to


your unit to issue a summons, be sure to again be careful on the
second approach to the suspect. After completing the stop, use
caution when re-entering traffic.

HIGH RISK STOPS:

1. Unless given no other choice, high risk stops should not be made
without the presence of back-up units. If you observe a felony
offense or have personal knowledge that a driver or occupant is
wanted for a felony, follow the suspect vehicle without activating
your emergency equipment until proper police back-up is with you.
Once police back-ups with you, allow them to take the lead in the
traffic stop and then act as their back-up unit.

D. Enforcement Action/Discretion

1. The deputy must exercise good judgement and common sense with
regard to the decision to issue summons for traffic law violators.
In a number of instances, a well delivered and tactful warning will
suffice in lieu of further legal action. With reference to juveniles
who commit minor infractions or non-serious, non-flagrant
violations, simple notification of parents or legal guardians will
suffice. Similarly, out of state violators who may not be familiar
with speed limits or other minor laws or ordinances can be handled
in a most appropriate manner with simple counseling, warning etc,
Flagrant violations which significantly endanger the public, actions
of reckless disregard or criminal offense will be handled with
enforcement action.

1-9.1 4
2. If a summons is issued, the deputy shall provide information to the
accused pertaining to court appearance, if court appearance is
mandatory and prepayment information.

3. Updates concerning newly enacted laws and or regulations shall be


provided for the benefit of sworn employees, as they become
available. Prior to July of each year, the sheriff or his designee
will confer with the Commonwealth's Attorney to ascertain any
changes or new legislation affecting the operation of the Sheriff's
Office or enforcement issues. Relevant information will be
provided to deputies as appropriate.

E. Vehicular Pursuits, Roadblocks and Checkpoints

1. Employees of the Sheriff’s Office shall not engage in forcible


stopping of a vehicle or roadblocks for the purpose of stopping a
suspect vehicle.

2. With regard to vehicular pursuit, it shall be permissible to assist


police department personnel when requested, in controlling
intersections to prevent crashes and/or serious injuries to innocent
citizens.

3. The utilization of roadblocks shall not be authorized for


implementation by sheriff's office employees. Check points are not
in the scope of responsibilities of the sheriff’s office unless only
during mutual aid situations and sheriff’s office employees shall
follow direction of primary agency.

F. Traffic Crashes /Unusual Occurrences (employee not involved)

1. Should a traffic crash be encountered upon the streets or highways,


the deputy shall stop and render appropriate aid. The first priority
shall be in protecting life. Consideration should be given to the
protection of the crash scene, potential of hazardous materials
spills or other contamination. Fire hazards should be minimized as
practicable. Hazardous roadway conditions of any type within the
city shall be reported to the Martinsville Police Department
immediately.

2. Within the City of Martinsville, the deputy shall notify


Communications of the location of the accident and the need for

1-9.1 5
additional Fire Department/EMS services as necessary. Outside of
the City of Martinsville, the jurisdiction in which the accident has
occurred or State Police may be notified.

3. At no time shall the deputy stop at a crash scene, inoperable


vehicle or other similar situation when a person/prisoner is in
custody except under the provisions that some ones life is in
danger. Radio notification to the appropriate authority shall
suffice.

4. Prior to the arrival of investigating authorities and upon their


request for assistance, the deputy is authorized to assist with
manual traffic control and direction in accordance with the
specifications found in the Code of Virginia. Before commencing
such activity however, the deputy will wear the reflective vest for
such purposes as stocked in the sheriff's office vehicle. This is
applicable day or night. Flares may be deployed to provide further
visibility.

5. Formal investigation of traffic accidents to include reporting,


response, management, investigation and securing of personal
property of victim(s) is the responsibility of the police department
(or Virginia State Police).

6. Deputies may be directed by the Sheriff or his representative to


assist or requested to assist by other bona fide authority during
unusual occurrences such as fires, man made or natural disasters,
as well as adverse road and weather conditions. This assistance
may take the form of traffic control, security functions or
evacuation procedure.

G. Accident Procedure - Employee involvement

1. In the event that an employee of the Sheriff's Office is involved in


an automobile crash the following protocol shall be followed:

a. Determine if personal injuries were sustained and render


assistance if possible; notify or request the notification of
FIRE/EMS resources;

b. Protect the crash scene as practicable;

1-9.1 6
c. Notify the investigating authority of the jurisdiction - City
of Martinsville, police department outside of jurisdiction,
either the primary law enforcement agency of the
jurisdiction or Virginia State Police. Outside of the state,
notify highway patrol, or local police;

d. Do not discuss the details of the situation with anyone other


than the investigating authority and the Sheriff;

e. If an inmate(s) is in custody, the Deputy will call for


immediate law enforcement assistance to secure the
inmate(s) in the nearest holding facility if necessary unless
the inmate needs to go to the nearest hospital for any
injuries received. Make sure you ask for assistance with
this matter until proper arrangements may be made to
secure the inmate(s) injured at any medical facility
described;

f. Any traffic accident involving our agency vehicles


(regardless which party is at fault) please make sure you get
contact information from the agency who is working the
accident scene regardless of how minor the damage was.
If possible please try to ask for an accident report, if
available, from the agency at the time;

g. Make sure you contact your immediate supervisor at the


most convenient time, if possible, and depending on certain
circumstances you may be experiencing at the time. Notify
the Sheriff or Chief Deputy as soon as practicable also,
unless your immediate supervisor will notify if you are
unable to do so. You must write a detailed incident report
explaining all events leading up to the accident. Certain
circumstances that occur may require any deputy(s)
accompanying you or even the inmate(s) to write a detailed
incident report describing events that occurred;

h. If the agency vehicle involved in the accident has no


insurance information available in the glove box for any
unforeseen reason, the City of Martinsville’s Insurance
Company used is VACORP, 1-888-822-6772, policy #505.

H. Modes of Vehicle Operation

1. Routine operation shall be defined as that type of driving which is


consistent with normal mode of driving such as observing all

1-9.1 7
“rules of the road” and customary courtesies. Emergency lights
and siren are not activated in this mode.

2. Emergency operation shall be defined as that which is in response


to a life threatening or other serious incident (based upon available
information). Emergency lights and siren shall be activated in this
mode.

I. Vehicles in Use by the Sheriff's Office

1. Marked Unit - white law enforcement style police automobile,


conspicuously marked with emblems of the Martinsville Sheriff's
Office. The unit shall be equipped with emergency equipment
consistent with the requirements of the Code of Virginia for the
operation of an emergency vehicle (lights, siren, and radio) and
cage for in custody transports.
.
a. Sheriff’s Office vehicles shall be primarily utilized for the
following purposes: prisoner transports, service of civil
process, and other business purposes incumbent upon the
sheriff's office.

b. Equipment maintained in the trunk of the vehicle shall


include but is not limited to the following items: first-aid
kit, personal protective equipment (blood borne pathogen
protection), if issued a shotgun and ammunition, flares, fire
extinguisher, reflective traffic vest, etc. A cursory
inspection of the vehicle is completed monthly by the
assigned deputy.

c. Prior to field assignment, employees will be accorded


training in the operation of the marked sheriff's office unit.

2. Crew cab truck

a. The Martinsville Sheriff’s Office utilizes a marked crew cab


truck.

b. It is used for the transportation of inmate work crews to and


from work sites in the community on a daily basis.
c. Training- required being a sworn officer of the Sheriff’s office
with a valid Virginia driver’s license.

1-9.1 8
3. Unmarked vehicles

a. Unmarked sheriff's office vehicles may be utilized for the


purposes of service of civil process papers or other business
tasks incumbent upon the sheriff's office.

b. Equipment maintained in unmarked sheriff's office vehicles


is consistent with that of other vehicles in the fleet.

c. Prior to field assignment, employees will be accorded


training in the operation of the unmarked sheriff's office
vehicles.

4. Special Unit Vehicles

1. Club Cart

a. The Martinsville Sheriff’s Office utilizes a 48 Volt Smart


Cart for the purpose of special events scheduled in
Martinsville and the possible aid in search and rescue if
ever the need.

b. There’s no specialized training required to operate other


than to be an employee of the Sheriff’s office with a valid
Virginia driver’s license.

c. It’s not equipped with any special equipment.

d. Nothing to maintain other than manufacture requirements


of service inspections and problems.

2. Motorcycle

a. The Martinsville Sheriff’s Office in July of 2008 began


utilizing a marked Harley Davidson Motorcycle for the
purpose of parade, funeral escorts and any other needs
deemed by the Sheriff.

b. Training- is to be a sworn officer of the Sheriff’s office


with a valid Virginia motorcycle operator’s license and a
motor officer certification course.
c. Sworn Sheriffs are exempt from the motor officer
certification course.

1-9.1 9
d. Equipment maintained in the saddle bags shall include at a
minimum but is not limited to the following items: flares
and reflective vest.

e. Nothing to maintain other than an operational problem that


arises, and the motorcycle will be taking for repair and
inspection.

3. Transport Van

a. The van shall be utilized for the purposes of prisoner


transportation.

b. Equipment maintained in the van shall include at a


minimum but is not limited to the following items: first aid
kit, ppe kit, flares, fire extinguisher, and reflective vest.

c. Prior to field assignment, employees are trained in E.V.O.C


in the operation of the sheriff's office transport van.

d. Nothing to maintain other than an operational problem that


arises, and the van will be taken to the City Garage for
repair and inspection.

J. Escorts

a. Sheriff's Office vehicles will be utilized for purposes of


an escort of civilian vehicles or ambulances in medical
emergencies.

b. Unless otherwise requested by the police department and


approved by the Sheriff, vehicles shall not be utilized for
law enforcement escort purposes.

K. Assistance to Highway Users

1. Should employees of the Sheriff's Office encounter highway users


in need of assistance, the employee shall be permitted to summon
the assistance, on behalf of the motorist of the appropriate agency
or service. Sworn employees are reminded that when in custody of
persons, stopping for purposes other than attending an immediate
need of a prisoner is prohibited.

1-9.1 10
2. If a street hazard or other situation, which presents a threat to
highway safety, is observed, the employee shall notify police
dispatch to advice of the situation. If necessary, Sheriff’s Office
personnel are authorized to stand by and direct traffic until the
arrival of police.

3. Sheriff's Office employees will not engage in the towing of


vehicles that are abandoned, on private and public property.
Towing of such vehicles in this context is a police department
responsibility.

4. Sheriff's Office employees will contact a towing service upon the


request of a stranded motorist with mechanical problems for a tow
service of their choice.
a. Towing of vehicles to satisfy lien or civil judgement is
authorized and will be conducted in strict conformity to the
Code of Virginia as it relates to the towing of vehicles.

b. Should towing of a vehicle be required for such purpose, the


request for towing can be made through police dispatch center
using the established list of approved tow agencies. Vehicles
towed under these situations would be stored in the City
Impound Lot.

c. All records on vehicles to satisfy liens or civil judgment will be


maintained with the office associates.

L. Parking Violations

Martinsville sheriff’s Office employees will enforce parking violations


within Martinsville’s jurisdiction; the Martinsville Police Department will
still be the primary agency handling parking violations.

M. Idling of Vehicles

Unnecessary idling wastes fuel, damages engines and reduces air quality
from excessive emissions. Idling vehicle’s or equipment’s engine gets zero
miles to the gallon and causes undo wear on the engine. Modern engines
idling for more than ten seconds wastes more fuel than simply turning it off
and then restarting it. It is every employee’s responsibility to reduce fleet
operating costs while minimizing harmful emission’s engine while the
vehicle is stationary.

1-9.1 11
a. Office fleet shall not be stationary with the engine running for more
than five minutes unless it is essential for the performance of work or
otherwise specified. When engines must be left running for any reason,
the operator shall remain with the unit.

1. Operational exemptions are listed below. Although vehicles listed in this


section are exempt from various aspects of the anti-idling requirements,
operators shall minimize idling time as much as possible.

a. Emergency vehicles while responding to emergency situations,


engaging in operational activities related to public safety.

b. Operators having to work long hour posts from their vehicle.

This policy supersedes all previous administrative directives.

1-9.1 12
GENERAL ORDERS

0 MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: VEHICLE PURSUITS POLICY NUMBER: 1-9.1a
EFFECTIVE DATE: 06/01/07 Number of Pages 1-12
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 12/20/12, 3/6/13, 2/15/17, 7/25/18
Authorizing Authority: ________________________________
Sheriff

I. POLICY

Employees of the Martinsville Sheriff’s Office are prohibited from engaging in vehicular
pursuits unless exigent circumstances exist (See Written Directive 1-9.1). In the event of
a vehicular pursuit it shall be the policy of the Martinsville Sheriff’s Office that all
emergency vehicle operations shall be conducted with due regard for the safety of
persons and property, and in accordance with existing state and local statutes. The
Martinsville Sheriff’s Office recognizes that vehicular pursuits of fleeing suspects can
present potential danger to the public, the deputies, and the suspects involved. The
propriety of a pursuit depends on the specific situation, and a deputy must be prepared to
articulate the conditions which existed at the time of a decision to pursue. Consideration
must be given not only to the nature and gravity of the offense(s) involved, but also to the
degree of public danger which may arise as a result of the pursuit. Responsible law
enforcement may require that the apprehension of a suspect be postponed, when a
situation of unreasonable danger to deputies and/or other persons exists which outweighs
the competing interests involved in the apprehension of the violator.

II. PURPOSE

The purpose of this directive is to establish procedures to be used by deputies involved in


vehicle pursuit situations.

III. PROCEDURE:

A. GENERAL:

1. For the purposes of this directive, the following definitions will


apply:

a. Pursuit – a deputy’s operation of an emergency vehicle, with lights and


siren activated, so as to remain in sight or near proximity of a vehicle
when the operator of that vehicle is resisting apprehension by maintaining
or increasing vehicle speed and/or by driving in an attempt to elude the
pursuing deputy.

1-9.1.a 1
b. Initiating deputy -- the deputy who is attempting to stop or approach a
suspect vehicle when the vehicle operator begins attempting to elude the
deputy.

c. Primary deputy -- the pursuing deputy in the nearest position behind the
pursued vehicle.

d. Assisting Deputy/officer -- any deputy/officer in addition to the initiating


deputy who becomes directly involved in a vehicle pursuit.

e. Captain or higher rank – if available establishing incident command to


monitor and direct a vehicle pursuit.

f. Reviewing Captain or higher rank -- who reviews vehicle pursuit


operations and who forwards pursuit-related documentation through the
chain of command.

g. Directly involved – Deputy’s are directly involved in a vehicle pursuit


when they:

1) Have the pursued vehicle in sight, and are attempting to remain in


sight of or apprehend the pursued vehicle, or

2) Have any other directly involved police vehicle in sight, and are
attempting to remain in near proximity to that vehicle.

h. Crime involving violence- An offense involving violence or the threat of


violence of physical force to another person. Examples:

1. Murder, Robbery, Rape, Felonious assault, Felonious sex offense,


Abduction, Arson involving death or serious injury, Any property
crime coupled with life-threatening acts and Any crime involving
the display or use of firearm, including misdemeanors involving
firearms.

2. The following state and local code sections give authority to operate emergency vehicles
in pursuit and other emergency situations:

a. The Code of Virginia permits a deputy to pursue anywhere in the


Commonwealth and, when in close pursuit, arrest wherever found any
person who:

1) Has escaped from the deputy’s custody, or

2) Has fled from the deputy attempting to arrest him.

1-9.1.a 2
b. The Code of Virginia defines and sets penalties for three classes of disregarding a
law enforcement officer’s signal to stop/eluding police:

1) Failure to stop on receipt of visible or audible signal (class 4


misdemeanor)

2) Failure to stop and increasing speed or driving so as to interfere with or


endanger the law enforcement vehicle, other property or a person (class 1
misdemeanor)

3) Causing serious bodily injury to another as result of such vehicle operation


(class 6 felony).

c. Code of Virginia:

1) Grant the operator of any law enforcement vehicle when such vehicle is
being used in the performance of public services, and when such vehicle is
operated under emergency conditions, may, without subjecting himself to
criminal prosecution:

a) Disregarding speed limits, while having due regard for safety of


persons and property;

b) Proceed past any steady or flashing red signal, traffic light, stop
sign, or device indicating moving traffic shall stop if the speed of
the vehicle is sufficiently reduced to enable it to pass a signal,
traffic light, or device with due regard to the safety of persons and
property;

c) Park or stop notwithstanding the other provisions of this chapter;

d) Disregard regulations governing a direction of movement of


vehicles turning in specified directions so long as the operator does
not endanger life or property;

e) Pass or overtake, with due regard to the safety of persons and


property, another vehicle at any intersection;

f) Pass or overtake with due regard to the safety of persons and


property, while en route to an emergency, stopped or slow-moving
vehicles, by going to the left of the stopped or slow-moving
vehicle either in a no-passing zone or by crossing the highway
centerline;

g) Pass or overtake with due regard to the safety of persons and


property, while en route to an emergency, stopped or slow-moving
vehicles, by going off the paved or main traveled portion of the

1-9.1.a 3
roadway on the right. Notwithstanding other provisions of this
section, vehicles exempted in this instance will not be required to
sound a siren or any device to give automatically intermittent
signals.

2) These exemptions are in effect only so long as the law enforcement


vehicle:

a) Displays a flashing, blinking or alternating emergency light or


lights...and

b) Sounds a siren, exhaust whistle or air horn designed to give


automatically intermittent signals, as may be reasonably
necessary...and

c) Is operated with due regard for the safety of persons and property.

B. PURSUIT OPERATIONS:

1. No deputy or supervisor will be disciplined or criticized for a decision, based


upon the guidelines set forth in this directive, not to pursue.

2. Vehicles containing civilian ride-a-longs will not be utilized in pursuit


situations.

3. Initiating or terminating a vehicle pursuit will be at the deputy’s or supervisor’s


discretion, taking into consideration the following factors:

a. The nature and the seriousness of the offense(s) committed by the vehicle
occupants

b. Availability of other means of apprehension (such as later obtaining and


serving warrants on an identified vehicle occupant)

c. Road conditions

d. The deputy's knowledge of the roadway

e. Visibility

f. Traffic conditions

g. Pedestrian traffic

h. Pursuit vehicle limitations.

1-9.1.a 4
4. The termination of a pursuit will not prohibit:

a. Search of the suspect vehicle’s probable route


b. Reinitiating of pursuit should the opportunity arise and conditions permit.

5. Pursuit limitations of specialized police vehicles:

a. Unmarked police vehicles may be used in vehicle pursuits only until the pursuit
can be turned over to a marked unit: whenever possible, marked vehicles will be
used in vehicle pursuits.

b. Any vehicle not equipped with both emergency lights and audible siren/horn in
working condition will not be used for motor vehicle pursuits.

6. In determining whether or not to pursue, the officer must weigh the decision by
examining the degree of seriousness of the incident against the risk levels involved. The
following matrix represents the choices the officer might make. Refer to the table and
explanation of the risk levels which follow the matrix. As required by this order, officers
shall document all pursuits.

PURSUIT DECISION –MAKING MATRIX


Degree of Decision Threshold – Risk Levels
Seriousness
Low Moderate High
Violent Felony- May pursue; May pursue; May pursue; Discontinue
Imminent Threat Continue to assess Continue to assess if risks exceed known
risks risks threat to public safety if
capture is delayed

Felony-Violent May pursue; May pursue; May pursue; Discontinue


Continue to assess Continue to assess if risks exceed known
risks risks threat to public safety if
capture is delayed

Felony-Property May pursue; DISCONTINUE OR DO DISCONTINUE OR DO


Continue to assess NOT PURSUE NOT PURSUE
risks
Misdemeanors May pursue; DISCONTINUE OR DO DISCONTINUE OR DO
Continue to assess NOT PURSUE NOT PURSUE
risks

Minor Infractions DISCONTINUE OR DO DISCONTINUE OR DO DO NOT PURSUE


NOT PURSUE NOT PURSUE

The following objective risk factors define the low, moderate, and high risk categories in the
matrix above. During pursuit, deputies must continuously evaluate the risk to the pursuing
deputies, the suspect, and the public, and be prepared to end pursuit when the risk factors so
require. Risk factors may change during pursuit.

1-9.1.a 5
1. High risk factors

a. High density of intersecting streets (e.g., business district).


b. Poor weather, slippery streets, low visibility.
c. Blind curves, intersections, and narrow roads.
d. Numerous pedestrians.
e. Heavy, congested traffic.
f. Speeds twice the posted limit, or greater than 80 mph.
g. Unmarked vehicles, motorcycles, or non- patrol vehicles involved in pursuit
h. Extremely hazardous maneuvers by the violator (e.g., driving against oncoming
traffic, running red lights).
i. Pursuing deputy is excited and not in full control of emotions.
j. Numerous pursuit vehicles involved, above authorized number.
k. No Captain or higher rank participating in the pursuit, or ineffective supervisory
oversight.
l. Special circumstances (e.g., a school district).

2. Moderate risk factors

a. Unmarked vehicles, motorcycles, or non-patrol vehicles.


b. Moderate density of intersecting streets (e.g., a residential area).
c. Light pedestrian traffic.
d. Moderate traffic, light congestion.
e. Speeds 20 mph greater than posted limit.
f. Pursuing deputy is generally calm with emotions under control.
g. Some hazardous but not extreme maneuvers by the violator (e.g., crossing the
center line to pass vehicles, sudden lane changes).
h. Captain or higher rank is involved or provides oversight.
i. Authorized number of office vehicles involved in the pursuit.

3. Low risk factors

a. Only marked patrol vehicles involved


b. Pursuit takes place on straight road, good surface, clear visibility.
c. Low density of intersecting streets.
d. Few or no pedestrians.
e. Clear, calm weather.
f. No hazardous maneuvers by the violator.
g. Speeds at less than 20 mph over the speed limit.
h. Captain or higher rank is involved or provides effective oversight.
i. Authorized number of office vehicles involved in the pursuit.
j. Officer calm and in full control.

1-9.1.a 6
C. RESPONSIBILITIES:

1. The primary responsibility of all deputies in vehicle pursuit situations is the


preservation of public safety: the duty to apprehend must be balanced against the
responsibility to safeguard innocent persons from harm.

2. A deputy initiating pursuit of a fleeing vehicle will be responsible for advising


Headquarters and going to MPD1 channel to advise MHCC:

a. The location he is initiating pursuit

b. Direction of travel

c. Description of the vehicle pursued

d. Charges against the vehicle occupant(s)

e. Updated information as to location and direction of pursuit.

f. Once police units are involved in the pursuit, Sheriff’s Office units will
fall back and allow police units to become the primary unit and lead in the
pursuit.

3. The assigned backup officer will be responsible for:

a. Responding to the area of the pursuit

b. Advising MHCC:

1) What location he is responding from

2) If he becomes directly involved in the pursuit

c. clearing for other duties and switching to a non-pursuit radio channel


whenever:

1) A total of three other MPD and/or MSO vehicles become directly


involved in the pursuit before he becomes directly involved, or

2) He is directed to do so by a supervisor.

4. If available a Captain or higher rank officer will be responsible for:

a. Monitoring and evaluating the pursuit

1-9.1.a 7
b. Ordering the termination of the pursuit at any time he feels that circumstances
warrant such action

c. Monitoring the number of deputies directly involved in the pursuit

1) As a general rule, no more than three MSO vehicles will:

a) Be directly involved in a vehicle pursuit, or

b) Travel directly behind the pursued vehicle.

2) The assigned supervisor may direct more or fewer vehicles to be directly


involved, based on his assessment of the situation.

a) Becoming directly involved in the pursuit only if he feels it


necessary in order to provide sufficient staffing to capture the
suspect(s) and ensure officer safety

b). Responding to the location where a pursuit has ended whenever:

1) Suspects are being apprehended or sought, or

2) Any person has been injured as result of the pursuit, or

3) Any property damage has occurred as result of the pursuit.

5. Should a Captain or higher rank become directly involved in the pursuit, the one that is
not involved will be responsible for:

a. Assuming the duties of monitoring, evaluating and directing the pursuit, or

b. Delegating those duties to another supervisor.

6. Each deputy responding to assist in the pursuit will be responsible for:

a. Advising MHCC on the pursuit channel if he becomes directly involved in the


pursuit

b. Clearing for other duties and switching to a non-pursuit radio channel whenever:

1) Three other MPD and/or MSO vehicles become directly involved in the
pursuit, or

2) He is directed to do so by a supervisor.

1-9.1.a 8
7. The first assisting deputy behind the primary pursuit vehicle will be responsible
for:

a. Providing updated information as to location and direction of pursuit when


in a position to do so

b. Assuming the role of primary pursuit unit should the primary officer's
vehicle become disabled.

8. MHCC responsibilities will include:

a. Monitoring pursuit radio traffic

b. Logging all pursuit status information as it becomes available

c. Relaying information to other assisting units and agencies as directed.

D. USE OF DEADLY FORCE:

1. Whenever possible, any use of deadly force in a vehicle pursuit situation will be
authorized in advance by the assigned supervisor.

2. In any vehicle pursuit situation, the following actions shall be considered use of
deadly force:

a. Use of a moving vehicle to attempt to stop a pursued vehicle by initiating


deliberate contact between the vehicles.

b. Driving of emergency vehicles directly ahead, beside and/or behind a


pursued vehicle in an attempt to force the pursued vehicle to slow or stop.

c. Use of unoccupied, stationary vehicles or other objects to block or limit


motor vehicle passage.

3. Deadly force may be used only when it is reasonably believed that the action is:

a. In defense of human life, including the officer’s life, or

b. In defense of any person in immediate danger of serious physical


injury, or

c. Necessary for apprehension of a fleeing felon, when:

1) The pursuing deputy reasonably believes that the suspect’s


freedom represents a significant immediate threat of serious
physical injury or death to the deputy or to other persons, and

1-9.1.a 9
2) The pursuing deputy has probable cause to believe that a felony has been
committed and that the person to be arrested has committed it, and

3) The pursuing deputy has identified himself as a law enforcement officer,


and given notice of his intention to arrest (time and circumstances
permitting), and

4) All other reasonable means of apprehension have been exhausted before


deadly force is used.

E. USE OF A VEHICLE TO ATTEMPT A STOP:

It is prohibited to attempt to stop a pursued vehicle by initiating deliberate contact


between the vehicle(s) and the emergency vehicle (PIT maneuver).

It is prohibited to use vehicles in road block situations to attempt a stop or to slow down
a pursued vehicle.

*Tire-deflation devices* - (spike strips/sticks) are authorized and may be deemed


appropriate to stop a pursuit and may be set up by supporting MSO officers. The use of
such devices will be in conjunction upon the request of such assistance by the
Martinsville Police Department, Henry County Sheriff’s Office, or the Virginia State
Police, and; only if such supporting MSO officers are properly trained and certified to
carry out such a request. These devices shall be used only by officers trained in the use of
such devices and only under the direct authorization of the Sheriff or designee of the
Martinsville Sheriff’s Office.

F. INTERJURISDICTIONAL PURSUITS:

1. The assigned supervisor will request MHCC to notify the appropriate agency at
such time that a vehicle pursuit involving MSO deputies enters, or is likely to
enter, another jurisdiction.

2. MSO deputies may initiate vehicle pursuits within contiguous jurisdictions only in
accordance with provisions set forth in the Code of Virginia.

3. Martinsville Sheriff’s Office deputies will not become involved in a vehicle


pursuit initiated by another agency, unless :

a. Assistance is requested by the pursuing agency, and/or

b. Assistance is authorized by a Martinsville Sheriff’s Office supervisor.

4. In any case of Martinsville Sheriff’s Office deputies assisting another agency in a


vehicle pursuit, all departmental pursuit and documentation policies will apply.

1-9.1.a 10
G. PURSUIT DOCUMENTATION AND REVIEW:

1. Each deputy or Sheriff directly involved in a vehicle pursuit will factually


document his actions by filing an Incident Report.

a. No information derived from either personal opinion or speculation will be


included in the report.
b. Completed reports will be submitted to a Captain or higher ranking
officer, if after business hours the on duty supervisor prior to the end of
that tour of duty.

2. Pursuit operations will be reviewed by a Captain or higher ranking officer who


was not directly involved in the pursuit.

3. The reviewer will:

a. Secure and review a tape of all pursuit-related radio traffic

b. Verify the information related on:

1) Each submitted report

2) All MSO pursuit-related documentation.

c. Factually complete a report of his/her findings.

4. Pursuit-related documentation will be submitted through the chain of command to


the Sheriff.

a. The Sheriff will:

1) Review all documentation for completeness and policy compliance

2) Initial and date each report on approval

3) Submit copies of all documentation requested by the City


Attorney.

b. All submitted documents to the City Attorney certain related attachments


(such as form extension pages) will be considered an Attorney Work
Product.

1) Attorney Work Product documents:

a) Will not be forwarded through the report review process.

1-9.1.a 11
b) Will not be filed within the report file.

c) Will not be discussed with or delivered to anyone other


than those persons named in this directive, without prior
authorization by the Sheriff or designee.

2) Police accident and incident reports are not considered Attorney


Work Products.

a) Such reports will be submitted for Review by the Sheriff or


designee.

b) Such reports will be filed with the original Incident


Reports.

c. Vaco Risk Management: The Sheriff and his deputies have liability
coverage provided by Vaco. The same procedure noted in (b.) above
regarding the City Attorney Work Product will be followed for the
attorneys of Vaco.

5. In the event of a pursuit-related crash in which injuries are sustained or substantial


property damage occurs, the reviewing supervisor will also be responsible for:

a. Notifying, prior to the end of that duty tour:

1) The Sheriff or designee.

2) The Sheriff or designee will notify the City Attorney and Vaco
Management advising them of the situation and for attorney
consultation.

This policy supersedes all previous administrative directives.

1-9.1.a 12
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Home Electronic Monitoring NUMBER: 1-9.2
EFFECTIVE DATE: 10/01/1994 Number of Pages 1-4
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 01/03/08
Authorizing Authority: ________________________________
Sheriff

I. POLICY:

A. Assignment to program:

1. Any court having jurisdiction for the trial of a person charged with a
criminal offense, a traffic offense, or an offense under Chapter 5 of Title
20 of the Code of Virginia, may, if the defendant is convicted and
sentenced to confinement in the jail, and if it appears to the court that
such an offender is a suitable candidate for Electronic Incarceration,
assign the offender to the Electronic Incarceration Program. Should such
assignment take place, the assigning court shall be notified in writing of
the offender’s place of electronic incarceration, place of employment,
and the location of any educational or rehabilitative program in which
the offender participates.

2. Any person who has been sentenced to jail or convicted and sentenced to
prison with a sentence of two (2) years or less, may be assigned by the
Sheriff to the Electronic Incarceration program after written approval is
obtained from the sentencing court.

3. PURPOSE: To provide written policies and procedures for the


administration of the Electronic Incarceration Program at the
Martinsville Virginia City Jail.

III. APPLICABILITY:

To all employees/deputies involved in the planning or operation of inmate programs


related to the community-based activities, work or study release, and especially
Counselors and Classification Officers.

IV. DISCUSSION:

Hypothetically, certain inmates do not present criminal threats to the community,


provided those inmates can be confined in their established residences on a twenty-
four (24) hour a day basis or during specified evening hours while maintaining

1-9.2 1
gainful employment. Electronic monitoring of non-violent offenders provides Jail
Staff with a humane alternative to incarceration, thereby freeing bed space in
crowded jails. The offender can continue to work, attend rehabilitation programs, pay
court fees and fines, restitution to victims, and be an active member of their family.

A. Eligibility Requirements:

1. Ineligible if offender is currently sentenced; or previously sentenced for:


a violent felony crime; a felony sexual offense, burglary; for a crime
involving a weapon; or manufacturing, selling, giving, distributing or
possessing with the intent to manufacture, sell, give or distribute a
schedule I or Schedule II controlled substance.

2. Ineligible if offender has a history of sexually abusive behavior.

3. Ineligible if offender has any detainer or pending criminal litigation.

4. Ineligible if offender has committed any rule violation while incarcerated


that reflects a risk to the community or to the integrity of the program.

5. Ineligible if offender has a history of escapes from correctional facilities,


including trustee walk offs.

6. Ineligible if offender has been terminated from a Community Diversion


Incentive Program.

7. Must be legally eligible for employment in the United States and have a
stable employment history.

8. Must be resident of the State of Virginia and have a stable residence.


Residence must be within a 40-mile radius of the Martinsville area.

9. Must agree to participate in employment and rehabilitative program as


required by Sheriffs office.

10. Must have a telephone at their place of residence without call


forwarding, call waiting, or caller ID capabilities and agree to limit all
calls to ten (10) minutes. In addition, the offender cannot have a portable
cordless phone or a phone that has a modem.

11. Offender must volunteer to be on the program.

12. The Martinsville Sheriff’s Office reserves the right to place individuals
on H.E.M. in certain circumstances.

1-9.2 2
B. Participant Monitoring:

1. Computerized daily summaries shall be reviewed daily for both valid and
unauthorized activities. Any violation will be investigated immediately.

2. An initial on-site evaluation shall be made of the participant’s residence


to determine suitability to the program and to setup/hookup the
equipment.

3. On-site visits of the participant’s residence shall be made. During each


visit, the equipment shall be inspected to determine condition and
evidence of tampering.

4. The participant shall be required to report to the Sheriff’s Office on a


weekly basis for evaluation, general counseling relative to program
progress, and to be inspected to determine condition and evidence of
tampering. During this visit the participant shall submit a copy of his/her
current pay stub.

5. Employment verification shall be made by way of site visits and


telephone calls.

C. Violations: The Chief Deputy and the Sheriff shall be immediately made aware of
all violations that occur.

1. If the violation is minor and resolved by Classification Officer and the


Administration, an incident report of the violation with date and method
of resolution shall be placed in the participant’s file.

2. If the violation is major, the Commonwealth Attorney of the City of


Martinsville and the sentencing court shall be notified of the violation
and current disposition of the offender.

D. Offender Fees:

1. $25.00 hookup fee for each and every time a hookup is required.

2. In order to defray the costs of the program and monitoring, each


participant shall be required to pay a set fee of $10.00 per day.
Exceptions will be made for indigent participants on a case-by-case
basis. Bureau of Prisons participants shall be required to pay the
established Home Confinement rate as defined by the B.O.P. at the time
of their participation.

1-9.2 3
3. All participants shall be required to pay for any damage to the
equipment, which is in his/her possession or for failure to return the
equipment upon completion or termination of the program.

4. When an inmate is released from the home electronic program after


establishing a negative balance on their account, any debts owed to the
Sheriff’s Office that total $50 or more will be sent to the Treasurer. Any
State income tax refund or lottery winnings may be withheld to the
debtor until the debt has been paid. If not paid, any refunds or winnings
will be sent to the City of Martinsville to off set any debts owed.

E. Administration: The Martinsville Virginia Sheriff’s Office reserves the right to


discontinue this program at anytime, with or without notice to the participant.

F. Home Electronic Vehicle (Special Unit Vehicle)

The Martinsville Sheriff’s Office utilizes a marked vehicle with The Martinsville
Sheriff’s Office Decals. It is used for routine shift duties for Home Electronic
Monitoring. The vehicle is also used for Project Lifesaver (see policy GO 1-
28.1).

The Home Electronic Monitoring Program is assigned to a deputy as a full time


position. A backup deputy is assigned to assist when the primary deputy is
unavailable.

1. Training

a. When the position becomes available the newly appointed


deputy will be under the direct supervision of the current
HEM Deputy until the H.E.M. deputy is confident that the
appointee is fully competent of the position.

2. Equipment

a. Locator

This policy supersedes all previous administrative directives.

1-9.2 4
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Project Lifesaver POLICY NUMBER: 1-9.3
EFFECTIVE DATE: 02/12/02 Number of Pages 1-4
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 02/28/08
Authorizing Authority: ________________________________
Sheriff

Policy:

Personnel assigned and trained in the use of the Care Trak Mobile Locator
will be responsible for responding when activated to help search and locate
clients of the City of Martinsville Sheriff’s Office Project Lifesaver Program.
In addition, they will perform routine monthly maintenance checks of
transmitters that have been issued to clients of the City of Martinsville
Sheriff’s Office Project Lifesaver Program.

Purpose:

To establish guidelines, monitoring and locating clients that wonder from


their homes. Project Lifesaver will provide relief to the families and care
givers from the constant fear of not being able to quickly locate their love
ones should they wonder from their homes. This will be done by
distributing electronic bracelets to a client with a history or potential of
wandering. Each designated clients will be assigned a unique frequency,
and may be tracked and located by qualified trained Project Lifesaver
Personnel by the use of receivers tuned to the appropriate frequency.

Training:

a. Sheriff’s Office volunteers operate the Project Life


Saver.
b. Each volunteer will receive 18 hours of basic classroom
instruction followed by a written test.
c. Each volunteer will receive field operation training. This
training will demonstrate the officers’ ability to perform
tasks proficiently.
d. Each volunteer will receive certificate of competency.
e. Each volunteer will be recertified each year.
f. Emergency activation of PLS volunteers will serve as
recertification to demonstrate proficiency in operation of Care
Track 1000.

1-9.3 1
Procedures:

1. The office has six (6) units which have been stored for immediate
readiness and deployment or assigned out to authorized personnel.

2. Each unit consist of an electronic receiver, equipment bag, spare


batteries and other equipment as deemed necessary.

A. Once alerted to a missing client, the following will be


implemented:

1. The primary and secondary response personnel will respond


immediately to the scene and establish and electronic search.

2. The OIC will insure Police and Emergency medical support


is notified as necessary.

B. After no less than 20 minutes and no more than 30 minutes the


missing client’s frequency is not detected, the OIC will request
support from either or all of the following:

1. Danville City Sheriff’s Office Project Lifesaver Team


2. Pittsylvania County Sheriff’s Office Project Lifesaver Team
3. Old Dominion Search and Rescue

C. After one (1) hour and the client’s frequency is not detected the
OIC may request the support of the Project Lifesaver Air
Support and secondary the Virginia State Police Air Support.

1. If air support is used, one ground unit vehicle with support


personnel will trail the helicopter maintaining
communications. The air unit will direct vehicle unit when a
signal is detected.

D. At no time will any unit tracking equipment be given to any


non-qualified unit member or other personnel for the purpose
of participating in the search.

E. Upon locating and recovery of the missing client, the ranking


ground member at the location scene will determine if medical

1-9.3 2
treatment and or transport home is appropriate and insure it’s
completion.

F. The OIC will determine when a search is to be determined.

G. An After-Action Report will be completed and filed by the


search OIC upon completion of the search.

Monthly Maintenance Procedure of Equipment

A. On-call team members will complete monthly maintenance checks


on all wrist transmitters of the clients that belong to the City of
Martinsville Sheriff’s Office Project Lifesaver Program.

B. Batteries will be replaced in each wrist transmitter every 30 days


from the date installed.

C. Client wristbands will also be replaced and adjusted during the


monthly maintenance process.

D. Wrist transmitters will be checked with a transmitter tester to


insure they are functioning properly.

D. Care Trak 1000 receivers will be checked monthly to


insure they are functioning properly and that the
batteries are charge.

Client installment and removal from the City of Martinsville Sheriff’s Office
Project Lifesaver Program.

A. The trained personnel will meet with the family or caregiver of a


potential client and discuss the City of Martinsville Sheriff’s Office
Project Program.

B. After the family or caregiver has signed the contract, which gives the
City of Martinsville Sheriff’s Office Project Lifesaver Program
permission to fit the new client with a transmitter, trained personnel
from the Martinsville Sheriff’s Office program will fit the new client
with a wrist transmitter, and the family member or caregiver will be
instructed on how often and how to use the transmitter tester.

C. When a family member or caregiver request to have the person released


from the Program, a member from the Martinsville Sheriff’s Office

1-9.3 3
program will remove the transmitter from the client and retrieve all
equipment.

D. Family members or caregivers will be responsible for the cost of the


equipment replacement for any damaged or lost equipment belonging
to the City of Martinsville Sheriff’s Office Project Lifesaver Program.

This policy supersedes all previous administrative directives.

1-9.3 4
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: COMMUNICATIONS AND RADIO POLICY NUMBER: 1-10.1
PROCEDURES

EFFECTIVE DATE: 8/14/06 Number of Pages 1-6


REVIEWED ANNUALLY By Sheriff
REVISED DATE: 06/19/08, 12/19/08, 10/25/17 Authorizing Authority: ________________________________
Sheriff

I. POLICY

It shall be the policy of the Martinsville City Sheriff's Office to conduct all
telecommunication in conformity with standards of professionalism and
efficiency. Radio communication within the Sheriff's Office is accomplished by
hand held portable units and mobile units utilizing designated frequencies with
central operations conducted from the Sheriff’s Office and the Martinsville and
Henry County’s 911 Emergency Communications Center. FCC Licensee
requirements are maintained by the Communications Center.

I. PURPOSE

To provide official policy in the use of two-way radio and other communications
equipment necessary for the operation of the Sheriff's Office.

II. PROCEDURE

A. Authority

1. The Sheriff is responsible to ensure the communications needs of


the office. As circumstances dictate, the Sheriff may designate
employees to fulfill tasks relative to radio communications such as:

a. monitoring radio traffic;


b. answering radio calls directed from field units;
c. contacting field units to provide official direction or
information.

2. The Sheriff will serve as liaison with the Communication Center


director relative to communications matters based upon established
letter of understanding.

1-10.1 1
3. Communications has immediate access to an officer or officers in
charge 24-7. The officer(s) in-charge schedules are as follows.

a. Mon-Fri, 8:30am -5:00 pm any administration officer is


considered in-charge for communication needs. They may be
reached at 276.403.5151

b. After business hours, nights and weekends the officer in charge


would by the on duty supervisor at the jail. They may be
reached at 276.403.5152

B. Radio Traffic Protocol

1. All radio operation (traffic) will be conducted in accordance with


the provisions of the Federal Communications Commission as
specified upon the issued license. All license documents are
maintained at the Communications Center.

2. Radio traffic shall be limited to matters of official sheriff's office


(or police business) only. Content of such traffic for the most part
will center upon but shall not be limited to the following:

a. requests for official instructions


b. prisoner pickup and transportation issues
c. issues related to security of prisoners
d. issues related to security of the courts and employees
e. reports of safety hazards or unusual occurrences
f. license tag checks (official business only)
g. wanted persons checks.
h. issues related to civil process

3. Criminal incidents, road hazards or other unusual occurrences shall


be reported to the Communications Center (in jurisdiction). Out of
jurisdiction reports should be made to the primary law enforcement
agency of that jurisdiction (via Cellular Phone)

4. Call signs will be designated as follows:

Sheriff - "MS01"
Other sworn will follow suit.

1-10.1 2
5. To initiate radio traffic the following shall apply:

a. Specify unit call sign being contacted followed by your call


sign; example "MS01, MS02"

b. The receiving unit will respond with their call sign;


example, "02"

c. Utilizing plain language and four established “signal”


codes proceed with communication.

6. To initiate radio contact with agencies other than the Martinsville


Police Department, officers shall identify themselves as (example)
"Martinsville Sheriff's Office Unit 01 to Henry County Sheriffs Office
Unit 53"

a. The Communications Center will be identified and vocalized as


"Martinsville."

7. Communications Center will have available the current roster of


the Sheriff's Office to include radio call signs. Also the
Communications Center will be provided with an up to date call
back roster for sheriff's office employees.

a. The Jail Administrator shall be responsible to the


Communications Center by memorandum of changes
regarding duty schedules and the call back rosters.

C. The Martinsville and Henry County 911 Communications Center

1. The Communications Center serves as the communications hub for


all criminal justice, fire/ems services in Martinsville and Henry
County.

2. The Communications Center, referred to as "Martinsville"


maintains the following features relative to professional dispatch
services:

a. duty schedule for incoming shifts (sent annually)


b. roster contact numbers and shift assignments of every
sworn agency member (sent annually or as changes or
made)
c. Visual mapping of the City of Martinsville which depicts
the service area of the sheriff's office
d. deputy status information

1-10.1 3
e. written procedures and telephone numbers for procuring
emergency and necessary external services to the Sheriff's
Office.
f. teletype – law enforcement

3. The Communications Center is a secure facility within the Henry


County Administration Building (3300 Kings Mountain Road).
Access to the center is strictly limited. Equipment and personnel
are accorded a secure environment in which to accomplish
assigned tasks.

4. The Communications Center maintains the capability of immediate


playback of all radio traffic coming into the Martinsville assigned
frequencies. Telephone calls coming into the Communications
Center are also recorded and can be recorded simultaneously with
radio traffic.

5. Audio records are stored within the Communications Center.


Reviews of audio records can be made upon request through the
Director of Communications.

6. Emergency calls for service shall be answered on a 24 hour a day


basis by the Communications Center. Police Department
personnel will be dispatched to handle emergency calls. Sheriff's
Office employees shall be notified to respond utilizing the call
back roster for the fulfillment of responsibilities incumbent upon
the Sheriff's Office (ie. Mental patient transports).

7. The 911 Center has backup power from several sources. Each
computer within the Center is connected to an uninterrupted power
supply (UPS). The batteries in the UPS are replaced every three
years. These UPS will maintain the computers for at least 15
minutes, possibly longer. The UPS are powered through the
building circuits that are backed up by generator. The generator is
programmed to detect power failure and automatically start and
provide power to the circuits connected to it. When the generator
starts, power within the 911 Center will resume as normal.

8. The generator is programmed to automatically do a test every


Monday morning at 9:00 AM. At 9:00 AM, the generator will start
and run for approximately 30 minutes. At the conclusion of the
test, the generator will reset itself. If the generator fails to start for
a scheduled test or finds a problem during the test, an auxiliary
alarm has been installed in the Records Department of the Henry

1-10.1 4
9. County Sheriffs Office to inform them of the problem. If an alarm
is activated on the generator the Records Department will
immediately contact the appropriate maintenance personnel.

10. An alternate site for the conduct of the communications function is


the basement of the Henry County Jail, It is equipped with lap top
personal computers, phones and mobile radios that can be setup
and connected to antenna's and phone jacks that are mounted on
the wall.

D. Applicable Channels

1. As of June 2, 2006, the Sheriff’s Office shall primarily operate


along three channels under the Martinsville and Henry County 911
Communications Center

a. Channel 2 (Jail) – This is the Sheriff’s Office official


“talk-around”. This channel shall be the primary channel
for the jail’s official business i.e.; and court security. This
channel is not monitored by dispatch.

b. Sheriff’s Office Channel 1 (MSO) is recognized by the


communication center as PD Channel 2 –This channel is
a Martinsville Police channel and is primarily used by the
Police Department for a back up channel and other official
police business. Sheriff’s Office personnel are instructed to
use this channel for any contact with the Communications
Center, official business i.e. prisoner transportation and
civil process and court security concerning any applicable
issues which are located on page 2 under letter B number 2
of this policy and in any emergency situation.

It may also be necessary for the PD to use this frequency


for communications in cases where PD channel 1 fails to
transmit due to atmospheric or topographical conditions.

c. PD Channel 1 located on Sheriff radios as 3– This


channel is the primary police channel for the City of
Martinsville Police Department. Sheriff’s Office personnel
are not to use this channel unless requested by the P.D.
There may be a rare occasion when Sheriff’s Office
personnel will use PD channel 1 when rendering aid to the
P.D. during an enforcement procedure.

1-10.1 5
E. Telephone Communications

1. Telephones located within the Sheriff’s Office are to be used for the
transaction of Sheriff’s business. Employees shall limit the use of
office telephones for personal use to communications that are
essentially necessary.

F. Requests for Supervisor

1. It may be necessary for the presence of a supervisor during an unusual


event, encounter or prisoner difficulty. Supervisors can be notified
directly by their cellular phone or over Channel 1 (MSO) or (Jail) 2 of
the communications system.

G. Alarm Monitoring

1. The Martinsville Sheriff’s Office does not monitor alarms; the


Communications Center has the capability of alarm monitoring. All
“Alarm” calls are dispatched out to a Martinsville Police Department
Field Unit.

H. NCIC/VCIN

1. NCIC/VCIN procedures are handled by the 911 Communications


Center according to the rules and regulations set forth by the VCIN
and NCIC operating and code manuals. The 911 Center will assist with
all NCIC/VCIN requests by the Martinsville Sheriff’s Office in a work
related professional capacity.

2. The Martinsville Sheriff’s Office however does have a designated


VCIN computer located in the classification department of the jail.
This computer is strictly used for criminal history checks for proper
assignment within the jail for newly incarcerated inmates. Such checks
are also made for applicants seeking employment with the Martinsville
Sheriff’s Office, HEM candidates to see if subjects qualify, and for the
security of an inmate due to past criminal history and present/prior
charges. Only a few designated deputies have operating privileges for
this VCIN computer. This VCIN computer is not used to communicate
with any other agency or agencies in any work related capacity by the
Martinsville Sheriff’s Office.

1-10.1 6
This policy supersedes all previous administrative directives.

1-10.1 7
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Legal Process POLICY NUMBER: 1-11
EFFECTIVE DATE: 08/21/07 Number of Pages 1-25
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 2/15/17
Authorizing Authority: ________________________________
Sheriff

POLICY

It is the policy of the Martinsville City Sheriff’s Office to serve and maintain
records on all legal process in accordance with the following procedures.

II. PURPOSE

The purpose of this section is to provide the Deputy Sheriffs serving legal process
and executing court orders with the essential information on how to perform those
functions so that all legal requirements are carried out. The format of this section
is designed to familiarize the deputy with the types of legal process most
frequently used in the City of Martinsville, with legal background kept to a
minimum. Emphasis is on the practical requirements, with specific instructions on
the proper service of each kind of process or execution covered. It is intended that
this section be used as a ready reference by the Deputy Sheriffs and kept up to
date as changes are made.

A. SERVICE AND RETURN OF LEGAL PROCESSES

1. General

a. The purpose of the service of process is to obtain jurisdiction over a


defendant in a suit by notifying the defendant of the case in which they
are a party and thereby bring the defendant into court. The primary
purpose of the RETURN is to give the Court evidence of the
jurisdictional facts of service. The return, by its content, must show
that the legal requirements have been met and is therefore valid.

b. The validity of the service is dependent upon the mode of service used
and upon the return made by the Deputy Sheriff. Civil processes may
not be served on Sunday, except in cases of persons escaping from
custody. Writs of attachment may not be executed on Sunday except
upon sworn oath that the defendant is actually moving goods on that

1-11 1
day or is about to leave the state in order to change domicile. Service
or execution of a process on any legal holiday or at any time on
Saturday is legal. The Deputy Sheriff making the service is required to
make a true return upon the process. The return must show the
Sheriff’s name as well since the deputy is acting for him; otherwise, the
return can be quashed by the trial court.

c. The return is evidence only of the performance of acts within the


official duty and power of the Sheriff and, therefore, the return should
include only such acts as are required by law.

d. Three kinds of service to resident:

1. in person;
2. delivery to a member of the person’s family; and
3. posting.

e. The law is concerned with the residence of defendants rather than their
domicile. Thus, a defendant residing in, or physically present in,
Virginia is subject to service even though the defendant’s legal
domicile is in another state. The terms “residence” and “usual place of
abode” are considered to be synonymous in any reference made thereto
in this section.

f. The latter two kinds of service are called “substitute services.” The
Deputy Sheriff does not have a choice as to the order of service. The
deputy may deliver the process to a member of the family only if the
deputy is unable to make personal service. The deputy may post a copy
of the process only if the deputy has been unable to make personal
service or deliver a copy to a member of the family. All services of any
nature, if posted, will be posted on the main entry door of the usual
place of abode or residence. It is especially important in the case of
substituted service to show that the legal requirements have been met.
For example, if service is made upon a member of the defendant’s
family, the return must show:

1. that the service was made at the defendant’s usual place of abode;
2. that the defendant was not found at the defendant’s usual place of
abode;
3. the relationship of the person served to the defendant;
4. that the purpose of the paper was explained to the person served;
5. that the person served was over sixteen years of age; and
6. the date on which service was made.

1-11 2
g. The stamps used for proof of service and the printed statements on
certain court processes, when properly completed, provide for all legal
requirements mentioned above. Additional information, if available,
such as new or forwarding address, etc., can be noted on the return.

h. Upon receipt of legal process, a record is created by entering in the


information of process into “Civility” a computer software program
that provides for:

1. Date/time received.
2. Agency tracking method
3. Type of process; Civil/Criminal.
4. Nature of document.
5. Source of document.
6. Name and address of defendant, respondent, plaintiff, and
complainant, as available.
7. Deputy assigned for service / served.
8. Date of assignment of deputy.
9. Method of service.
10. Name of person to who process was served / attempted.
11. Date of service or attempted service / return if required.
12. Location of service / attempted service.
13. Reason for non-service.

B. PROCESSES REQUIRING PERSONAL SERVICE

1. Out-of-State Processes. These papers should be served in person to the


individual named unless it is a non-support (reciprocal) case originating out-
of-state which is to be tried in the Martinsville City Juvenile and Domestic
Relations Court, in which case substituted service can be made.

2. Capias. Meaning “that you take” (Latin) is the general name for several
species of writs, the common characteristic of which is that they require the
deputy to take the body of the defendant into custody. They are writs of
attachment or arrest.

3. Show Cause Rule (signed by a judge). The requirement for personal service
on show cause rules signed by a judge, however, is tempered by the
circumstances; i.e., if attempts to affect personal service have failed and
communication with the defendant cannot be accomplished, it is
permissible, as a final resort, to deliver the paper to a member of the
defendant’s family.

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4. Restraining Orders. An order which is issued upon the filing of an
application for an injunction forbidding the defendant to do the threatened
act until a hearing on the application is heard. Although a restraining order
and injunction are sometimes used synonymously, a restraining order is
distinguished from an injunction in that it is intended only as a restraint
upon the defendant until the propriety of granting an injunction, either
temporarily or permanently, can be determined.

5. Bench Warrant. A process issued by the court itself, or “from the bench,”
for the attachment or arrest of a person, either in cases of contempt or where
an indictment has been found or to bring in a witness who did not obey a
subpoena; so called to distinguish it from a warrant issued by a magistrate
or commissioner.

6. Injunctions. A prohibitive writ issued by a court of equity forbidding a


defendant in an action to do some act, which the defendant is threatening or
attempting to do and which, if committed, would be unjust or injurious to
the plaintiff and which cannot as such be adequately redressed by an action
at law.

NOTE: In addition to personal service on the above-mentioned processes,


injunctions and restraining orders should be read by the deputy to the
defendant. Personal service should be attempted, but is not legally
necessary, on Levies, Distress Warrants, and Detinue Seizure Warrants.
These actions will be covered in more detail under their respective headings
elsewhere in this Procedure Manual.

7. Garnishments and Attachments on Co-Defendants. (The co-defendant is the


individual or corporation in possession of funds due or owing to the
defendant.) The service to the co-defendant should be served in person to
an officer of the corporation or the individual who pays the defendant or
controls payment to the defendant. This is usually the payroll officer,
comptroller, or treasurer, but service to any officer or managing employee
of the business or corporation is valid. The co-defendant named should
always be served regardless of information offered that the defendant is not
employed by the co-defendant or that no monies are due. It is up to the co-
defendant to include such information in the notarized statement as is
required to make to the court by the trial date. On garnishments there are
certain wages and property which are exempt. These exemptions are set
forth in a schedule which is attached to the process being served upon the
co-defendant. An attachment, however, is applicable to all the wages,
funds, or personal property of the defendant which are under the control of
the co-defendant at the time of service. Always serve the co-defendant first.

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NOTE: Once having served the co-defendant in a garnishment or
attachment action, the defendant, if within the Sheriff’s jurisdiction, can be
served in person or by substituted service at the defendant’s usual place of
abode. There may be situations where the defendant can be found easily at
his/her place of employment and served in person, but such service should
be the exception rather than the rule. It also should be noted that service
may be accomplished anywhere the defendant is found in the city.

8. Corporations, Companies, Partnerships, and Registered Agents. A


corporation is an artificial entity created by the state. It cannot be served
with a process in any other way than by making an actual service on a
natural person who is an officer or agent of the corporation. Service on the
spouse, as such, of an agent or officer of the corporation is not valid unless
the spouse is an officer of the corporation. The persons upon whom service
may be made in order to serve a corporation or partnership are set forth
below:

a. Municipal Corporations: Service may be made on the mayor, recorder,


attorney, manager, or any alderman, councilman, or trustee of the city
or town.

b. Private Corporations: On the president or chief officer, vice-president,


cashier, treasurer, secretary, general superintendent, general agent, or
registered agent.

c. Foreign Corporations: A foreign corporation is one which has been


granted a charter by a state other than Virginia. Service of process is
made on the registered agent of the corporation. In making the return,
the registered agent’s name should be followed by “Registered Agent
for (name of corporation).” The service should be made to the
individual named as the registered agent, even if the individual advises
he/she is no longer the registered agent for the corporation involved. If
service cannot be made to a registered agent in a reasonable period of
time, alternate procedure of service through the Clerk of the State
Corporation Commission is valid.

d. Partnership: On any partner, provided that the suit is a partnership


matter. In the City of Martinsville it is permissible in the case of a law
firm, for the service to be made to the secretary of one of the partners
as a personal service to such partner provided the secretary has been
granted such authority by the partner involved. This authority will
have to be in writing, signed by the partners, indicating that they will
consider such as personal service when delivered to the secretary.

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e. Unincorporated Associations, Orders, or Common Carriers: On any of
its officers or trustees. Service on an agent of an unincorporated
association is not sufficient. However, when the unincorporated
association is a common carrier, service may be made to any agent of
the carrier or a driver, captain, or conductor of any vehicle of such
carrier. If none of these can be found, service may be made by
publication.

9. Protective Orders

a. A Protective Order (preliminary protective order or final protective


order) is issued by the Juvenile and Domestic Relations Court in crimes
where a family member has been assaulted by the other and is likely to
be assaulted again. The order contains provisions requiring compliance
on the part of the allegedly abusing family member. Protective Orders
are not warrants of arrest and will not be treated as such.

b. There are two types of Protective Orders:

1. Preliminary Protective Order (PPO) - The PPO is valid for fifteen


(15) days from the date of issuance and can be served by the
Sheriff's Office or Police Dept.

2. Final Protective Order - For Office purposes (and to distinguish


between the two), this order will be referred to as the Final
Protective Order (FPO). The FPO shall be issued for a specified
period not to exceed two years. (refer to the termination date on the
actual order itself) The FPO can be served by the Police
Department or Sheriff’s Office.

3. Immediately upon service all Protective Orders, 911


communications will be notified to enter into VCIN.

c. Both orders are effective with personal service of the order upon the
allegedly abusing spouse. However, either order may be rescinded or
modified at any time by the court.

d. To obtain a Protective Order, the victim (petitioner) must appear before


an Intake Officer and swear to the petition.

1. The petition will be forwarded to the court and heard by the court
as soon as possible. The judge will decide on whether or not to
issue a PPO in response to the petition.

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2. If issued, the PPO shall specify a date for the full hearing. This full
hearing will be conducted within fifteen (15) days. At the full
hearing, the judge will then determine if cause exists to issue a
FPO.

e. Service of Orders by Deputies.

1. The personal service of the orders will receive priority attention by


deputies. Whenever possible, an attempt at personal service shall
be made on the same date the order is received.

2. The deputy serving the order will serve it on the respondent


personally. No arrest paperwork shall be completed in reference to
the service. The deputy will show the execution of the order by
signing it in the appropriate place. The deputy shall also indicate
the date and time the order was executed. Deputies will write
legibly as the execution of service information is very important.

3. Deputies will provide the respondent with a copy of the order.

4. The original order will be returned to the Civil Office where the
date and time of service / attempted service, etc., will be entered
into the computer system. The original order will then be returned
to the Court.

5. When attempting to serve an order at a residence shared by the


petitioner and respondent, no fewer than two (2) police officers
will attempt service.

f. Service of Orders Which Grant Possession of the Residence to the


Petitioner.

1. When deputies serve an order at the residence shared by the


petitioner and respondent and the order requires the respondent to
grant the petitioner possession of the residence (to the exclusion of
the respondent), the deputies shall escort the respondent off the
resident property.

2. Deputies may, at their discretion and if there is no immediate threat


of violence, allow the respondent to gather personal belongings
prior to being escorted off the resident property. However, in no
case shall the respondent be allowed to remain at the resident
property after service of the order. When the deputies leave, the
respondent shall also be required to leave.

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g. Deputies will use caution when serving Protective Orders. Particular
caution is emphasized in those cases where deputies allow the
respondent an opportunity to gather personal belongings.

h. Violation of Orders Directing the Respondent to Grant Possession of


the Residence to the Petitioner.

1. A respondent who violates such a provision (of either order) may


be guilty of trespass under the Code of Virginia. (The respondent
must have been served with the PPO or FPO in order to be charged
with trespass under that code section.)

2. It is the policy of this office that deputies, absent extenuating


circumstances, shall affect the arrest of a respondent who has
violated the trespass provisions of a PPO or FPO. Any such arrest
must be based upon probable cause and other legal mandates.
Violators will be charged under the Code of Virginia.

i. The Martinsville Police Department will be notified of service of a PPO


after respondent is removed. Deputies will respond to problems at
petitioner’s address, if local police request their assistance.

C. SUMMONS

1. General. By definition, a summons is a writ that calls a defendant into court.


If, however, the writ calls a witness into court, it is technically a subpoena
rather than a summons. Proper service of a summons brings the defendant
under the jurisdiction of the court. It notifies the person that an action has
been commenced against him/her and that he/she is required to appear on the
date named and answer the complaint in such action. A subpoena (even
though labeled a summons) is a writ or mandate to bring a witness into court
to give testimony and/or produce records. Failure to obey a summons can
cause a defendant to lose a case by default and failure to obey a subpoena
usually constitutes contempt of court with attendant penalties, either as
provided by law or as imposed by the judge.

2. Jury Summons. Summonses to individuals for jury fall into a special category
since the individual is neither a defendant nor a witness.

a. Petit Jury. Each term of the Circuit Court, the judge issues a Venire Facias,
directing the Sheriff to summons 125 persons from a list provided by the
Clerk of Court to attend the Martinsville City Circuit Court.

There are 4 terms of court beginning February, May, July and November.

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b. Grand Jury. Each term of the Circuit Court, the judge issues a Venire Facias
directing the Sheriff to summons seven (7) persons taken from a list of
persons furnished by the judge of the said court that serve as Grand Jurors
for that term. The Grand Jury convenes on the opening day of each term of
court.

NOTE: Grand Jurors are served personal, Petit are notified by phone and
given dates to serve before being required to come in, this allows for
posting of actual summons..

3. Witness Summons. A summons for a witness, as mentioned above, is technically


a subpoena and, if not obeyed, the person summonsed can be held in contempt of
court.

4. Juvenile and Domestic Relations Summons. There are normally six (6) kinds of
summonses used in the Martinsville City Juvenile and Domestic Relations Court.
They are:

a. The juvenile summons type, which is a printed, blue form and which
summonses the juvenile involved and the parents or guardians of the
juvenile.

b. The non-support type, which summonses the defendant, who allegedly has
failed to provide the support required.

c. The out-of-state or foreign process for non-support and which is to be heard


in the Martinsville City Juvenile and Domestic Relations Court.

d. A “Show Cause Rule” signed by a judge and which summonses the


defendant to appear before the judge to show cause or explain why he/she
failed to appear in court in answer to a previous summons or otherwise
failed to comply with a court order.

e. Protective Order.

f. The witness subpoena.

D. CIVIL COURT SUMMONS

At the district court level, civil actions may be commenced by warrant or motion
for judgment. Process to commence an action is ordinarily an order directing
the Sheriff to summons the defendant to answer the complaint of the plaintiff at
the time and place stated. The warrant must be served not less than five (5)
calendar days before the return date (date of court trial), and the defendant is
required to appear before the court on a day not exceeding sixty (60) days from

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the date of issuance of the warrant. Courts at the district level are referred to as
“courts not of record,” while the next higher courts (circuit) are “courts of
record.” At the district level, every action or proceeding in civil court is tried
according to principles of law and equity. When there is conflict, the principles
of equity (chancery) prevail. In the Martinsville City Circuit Court, however,
cases are tried either as “law” cases or as “chancery” cases and are initiated as
one or the other at the time of filing with the Clerk of Court. This distinction
between the district civil courts and circuit courts will be covered in more detail
in the discussion of circuit court type actions and papers.

The district civil court is sometimes called a “Layman’s Court” in that technical
distinctions in describing the claim or cause of action are not necessary nor are
they encouraged. In fact, a great many actions are initiated and brought before
the court by the individual concerned without benefit of a lawyer. This
flexibility is demonstrated, for example, in a motion for judgment where, if
initiated by the plaintiff in person, it is not required that an affidavit stating the
cause of action be attached to the summons/warrant. If, however, the claim or
motion is being handled by a lawyer for a client, the lawyer attaches an affidavit
signed by the client, in which case it is not usually necessary for the client to
appear personally in court. In a great many cases, the defendant elects not to
appear in court, in which event the lawyer requests, and is usually granted, a
judgment “on the affidavit,” or the plaintiff is granted judgment on the basis of
his/her sworn testimony before the judge. This distinction should be noted by
the deputy making service on the civil process. If the action is being handled by
a lawyer for a client, an affidavit should be attached to the copy served to the
defendant; whereas, if the action is being brought by the plaintiff without a
lawyer, there need not be an affidavit attached. The presumption is that the
sworn first-hand testimony of the plaintiff will be given, thereby obviating the
need for an affidavit.

1. Interrogatory Summons

The interrogatory summons, as the name implies, is a summons issued to bring a


defendant into court for the purpose of finding out from the defendant, under
oath, what property or estate he/she owns (and which presumably can be levied
upon and sold to satisfy a money judgment previously obtained against the
defendant). The interrogatory summons form used in Martinsville City is
useable and returnable to either district civil court or to the circuit court. Note
also that the interrogatory summons is used only after a judgment has been
granted the plaintiff in a previous court action. It is one of the means used to
execute a judgment and is part of the fieri facias process. A fieri facias, or “fi
fa” as it is called, is a writ of execution in which the Sheriff is commanded to
levy and make the amount of judgment from the goods and chattels of the
judgment debtor. The interrogatory summons, therefore, is a means which can
be used to determine officially what goods and chattels are in existence upon
which a levy can be made. The interrogatory summons can be used to expedite

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the levying process. For example, if a defendant drives to court in his/her
personally owned motor vehicle or truck with equipment, an opportunity is
provided the Sheriff, if the plaintiff desires, to execute a levy thereon
concurrently with the court action on the interrogatory summons. Care should
be taken, however, to ascertain that the vehicle is, in fact, owned by the
defendant and/or doesn’t fall under the provisions of Title 34.

2. Garnishment Summons

The garnishment summons is also a means, as part of the fieri facias process,
whereby a creditor can reach the property of a debtor. As distinguished from an
attachment, the garnishment is an action taken after judgment has been obtained,
whereas an attachment is an action taken before a court hearing or a judgment
made. Both serve as the basis for making levies and sales. The garnishment
action and most attachment actions are usually taken at the district court level
because of the amount of money involved. Further details of attachments are
covered in subsequent paragraphs. The garnishment summons, as received in
the Sheriff’s Office from the Clerk of Court, consists of the original copy,
accompanied by a Fi Fa form; a copy of the summons for the co-defendant to
which is attached a schedule of exempt wages; and a copy of the summons for
service on the defendant. The attachment of the Fi Fa form to the garnishment
summons is required by the Virginia Code, but no action is taken on the Fi Fa
form except to attach it to the original copy of the garnishment summons. This
Fi Fa form can be used, however, if the judge so desires, as authority to make a
levy against the defendant when he/she appears in court in answer to the
summons and is used later by the Sheriff’s Office as a single piece of paper and
has a notation of “Levy” or “Actual Levy” on it.

3. Detinue Summons/Warrant

By definition, detinue is a form of action which seeks the recovery of specific


personal property from one who has acquired the property legally, but who
retains it without right. In actual usage, it is no longer considered important as
to how the property was acquired since the purpose of the action is to return the
property to the owner. The action of detinue is proper in every case where the
owner prefers recovering the specific property rather than sue for damages. This
kind of action is often taken by a furniture company to recover furniture or
appliances from the purchaser who has defaulted on his/her installment
payment, or it may be taken by a finance company holding title to an automobile
or other item of personal property to recover the same. It is an action taken by
the plaintiff before the merits of the case have been heard in court and for that
reason, the process must be initiated and accomplished with strict adherence to
the statutory requirements. To initiate the action, the plaintiff certifies under
oath that the defendant will sell, remove, secrete, or otherwise dispose of the
property before the judgment of the court can be rendered or that the property
will be materially damaged or injured if permitted to remain longer in

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possession of the defendant, etc. Furthermore, the warrant to seize property in
detinue is not issued by the Clerk of Court unless a bond of at least double the
estimated value of the property has been executed payable to the court.

Accompanying the seizure warrant as a separate piece of paper is the summons


to the defendant to appear in court on a certain day. At that time, the judge will
listen to all the evidence and decide if seizure of the property by the plaintiff
was warranted. If not, the judge could order the plaintiff to return the property
to the defendant or, alternatively, to pay the defendant in money. Sometimes
only the summons will be issued and the case tried without actual seizure and
return of the property to the plaintiff, but usually both the summons and the
seizure warrant are to be executed together.

4. Attachment Summons/Order

As mentioned in Garnishment Summons, an attachment action or order is a


proceeding taken before the matter has come to court. It is, therefore, referred to
as an attachment before judgment. Nevertheless, as a means or basis for making
a levy, seizing property and/or acquiring a contingent lien on assets of a
defendant subject to a court decision, it is as effective as a levy or garnishment
action taken after a judgment has been obtained. Three distinctions should be
noted, however; first, as compared to a garnishment action, an attachment served
on a co-defendant is effective only against property which the co-defendant is
holding for or owes the defendant at the time service is made and would not, for
example, be effective as an attachment on wages earned by the defendant and
held by the co-defendant after the time of service, whereas a garnishment is
effective against the wages earned up to the date of the court appearance.
Secondly, the attachment order can be effective against either personal property
or real estate, whereas a garnishment is against personal property (i.e.,
wages/salary) and, thirdly, an attachment order can be used both as an
attachment (as a levy) or as seizure of personal property. When personal
property is seized under an attachment order, its possession is normally taken
over by the Sheriff and held pending its disposition as ordered by the court.

Since the proceeding is statutory and could be used oppressively, its application
must be carefully executed and carried out only as prescribed in the statutes
which require one of the six circumstances as set forth below:

Is a foreign corporation, or is not a resident of this state, and has estate or debts
owing to said defendant within the City of Martinsville, or that said defendant,
being a non-resident of this state, is entitled to the benefit of a lien, legal or
equitable, on property, real or personal, within the City of Martinsville; or

Is removing, or is about to remove, out of this state, with intent to change his/her
domicile; or

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Intends to remove, or is removing, or has removed the specific property sued
for, or his/her own estate, or the proceeds of the sale of his/her own property, or
a material part of such estate or proceeds, out of this state so that there will
probably not be therein effects of the said defendant sufficient to satisfy the
claim when judgment is obtained should only the ordinary process of law be
used to obtain the judgment; or

Is converting, or is about to convert or has converted his/her property of


whatever kind, or some part thereof, into money securities, or evidences of debt,
with intent to hinder, delay or defraud his/her creditors; or

Has assigned or disposed of, or is about to assign or dispose of, his/her estate, or
some part thereof, with intent to hinder, delay, or defraud his/her creditors; or

Has absconded, or is about to abscond, from this state, or has concealed


himself/herself therein to the injury of his/her creditors, or is a fugitive from
justice.

The attachment order is issued on the basis of written petition filed by the
plaintiff or his/her attorney with the Clerk of Court where the case will be heard.
When an attachment is returned not served on the principal defendant(s),
whether levied on property or not, further attachments and summonses may be
issued based on the original petition until service is obtained on him/her, if
he/she is a resident of this state. If service cannot be had in this state, upon
affidavit of that fact, an order of publication shall be made against him/her. In
other words, jurisdiction of the court over the defendant’s property cannot be
achieved solely by virtue of service on the co-defendant or by seizure of his/her
property. In view of the circumstances which prescribe the issuance of an
attachment order, it is permissible and legal to issue and execute the attachment
and summons on a Sunday provided an oath is made by the plaintiff that the
defendant is actually removing the effects on that day, or is about to move out of
the state with intent of changing his/her domicile. The attachment order has
three main actions in it:

a. A command that specific property be attached;


b. That upon execution of a bond, possession be taken
of the tangible personal property; and
c. That the principal defendant and co-defendant be summonsed into court.

NOTE: As a matter of practice in City of Martinsville, a bond is required by the


Clerk of Court before the attachment order/summons is issued and an
endorsement to the effect that a bond has been executed and is in the hands of
the court.

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5. Subpoena Duces Tecum

In many court cases, documentary evidence is needed as well as the testimony of


an individual witness. When such evidence is needed, a subpoena is issued to
summons the person holding the documents, records, or books into court to
present the documents for court examination and to testify with respect thereto.
This type of summons is called a “Subpoena Duces Tecum.” It is served in
accordance with the rules which apply to service to a witness and, since it is
usually served at a place of business; it is served there either to the individual
named or his/her supervisor.

6. Summons for Unlawful Detainer (SEE: RENT ACTIONS)

E. CIRCUIT COURT ACTIONS

1. General

The Circuit Courts of Virginia are established under the Constitution of


Virginia. The state presently has thirty-one Judicial Circuit Courts authorized.
Each of these courts of record has jurisdiction in one or more counties or cities
of the state. The Twenty-first Circuit Court of Virginia has jurisdiction in the
City of Martinsville, Henry County and Patrick County.

The types of cases heard in circuit court fall into three principal categories: law,
chancery, and criminal. All three can be cases that either originate in circuit
court or have been appealed from the combined district court. Under the
heading of law cases are motions for judgment, negligence suits, and money
suits. Under the heading of chancery falls adoptions, divorces, separations,
specific performance suits, and mechanics liens on real property and personal
property. Criminal actions consist of cases referred by the Grand Jury from
district court preliminary hearings, indictments presented to the Grand Jury by
the Commonwealth’s Attorney, and other criminal cases, either misdemeanors
or felonies where the defendant has appealed the district court decision or
requests a trial by jury. All jury cases, whether law or criminal, are heard in
circuit court. Chancery cases are decided by a judge, never a jury, unless a
specific issue or performance is involved. As a matter of practice, juries are
seldom used for specific performance suits, possibly because the judge has the
authority to override the jury verdict if he/she so chooses. The essential
difference between law and chancery cases is that in a law case the court has no
equitable powers; he/she administers justice according to the rules of common
law, whereas under chancery the court applies the principles of chancery law
and follows the procedures of equity. The option to file a suit in one or the other
rests with the plaintiff or his/her attorney and, once initiated, cannot be changed
unless the selection is obviously wrong, in which event the judge can make the
change.

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2. The two most commonly used processes for circuit court actions are:

a. Notice of Motion for Judgment; and


b. Subpoena in Chancery.

The first will have a law case number and the second will have a chancery
number. Affixed to each action, as a separate piece of paper, will be a “Proof of
Service” form on which the return is made by the Deputy Sheriff making the
service. The “Notice of Motion for Judgment” will have attached to it a
statement or affidavit which sets forth the specifics of the motion for judgment
by the plaintiff, and the “Subpoena in Chancery” will have attached to it a “Bill
of Complaint” which contains the details of the complaint (usually an action
involving a pendente lite, divorce, or separation) being made by the
complainant. A “Subpoena in Chancery” is in the nature of a summons to a
defendant rather than a witness summons. It requires the person named to
appear before the court to answer the complaint of the petitioner or to show
cause why he/she should not be required to give the relief demanded.

3. Petitions

A petition is an application in writing to the court stating the circumstances upon


which it is founded and requesting an order of the court or such other relief as is
desired by the petitioner. Petitions are cases in chancery and often involve
adoptions. “Petitions” are actions taken under chancery as distinguished from
“motions” which usually refer to actions taken under law.

4. Confession of Judgment

This is an action where the defendant or debtor acknowledges in writing before


the Clerk of Court (or any other person authorized to do so) that he/she is
indebted to a certain creditor and confesses a judgment for so much principal
and interest as the plaintiff is willing to accept. Upon such confession, the Clerk
of Court enters the date and time of day of the confession where such judgment
is entered in the records. A judgment by confession has almost all the weight of
a judgment granted by the court itself and save considerable time of the court
and the parties involved. A defendant confessing judgment is esteemed, in the
absence of fraud, to question its validity on account of irregularities to which
he/she did not object, or to dispute any facts set forth in the confession and, if
after entry of the judgment, he/she ratifies it or accepts it, he/she is further
stopped from denying the authority on which it was confessed. It can be seen,
therefore, that service on a copy of the confession of judgment to the defendant
serves the purpose of accomplishing the ratification or acceptance which makes
the confession of judgment more binding. Confession of judgment actions in
the City of Martinsville are taken only by the Clerk of the Circuit Court and are
usually based upon default on a promissory note.

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5. Mechanics Lien

This is a statutory lien of a contractor, subcontractor, laborer, or materialman


who has performed labor or furnished material of the value of $50.00 or more
for construction, repair, improvement, or removal of any building or structure
affixed to real property with the consent of, or at the request of, the owner. The
lien attaches to the building upon which the labor or material was provided. A
mechanics lien can also apply to repairs performed on personal property, such as
a vehicle or appliance.

In order to be effective, a mechanics lien on real property has to be recorded


before the expiration of sixty (60) days from the time the structure is completed
or the work thereon terminated; suit to enforce this lien must be brought before
the expiration of six (6) months from the time the lien was recorded. Petitions
may be made to the appropriate court for sale of the property and, if on hearing
the case, the court is satisfied that property should be sold to pay the debt, a
court order is issued authorizing the Sheriff to sell the property and dispose of
the proceeds in the same manner as if the sale were made under a writ of fieri
facias. Before making the sale, petitioner shall advertise the time, place, and
terms thereof and give owner notice by service as prescribed under Virginia
code or, if the owner is a non-resident or if owner’s address is unknown, it may
be served by posting a copy of the sale notice in three public places in the city
wherein the property is located. If such property is a motor vehicle registered in
Virginia, the Commissioner of the Division of Motor Vehicles should be
requested to advise if there are any liens thereon; if so, the lienholder must be
notified by certified mail at the address given in the title certificate of the time
and place of the properly sale ten (10) days prior thereto.

F. RENT ACTIONS

1. Eviction (Five-Day Notice, Summons for Unlawful Detainer, Writ of Possession)

A large percentage of the papers served by the Deputy Sheriff in urban and
suburban areas involve legal actions stemming from lease and rental situations
usually due to default in rental payments, but sometimes based on the tenant being
destructive, obnoxious or otherwise in violation of the terms of the lease or rental
agreement, or simply that the owner desires the property for his/her own use.

The first action in the process is the serving of a Five-Day Notice to the tenant (if
tenant is in arrears in rent) or a Thirty-Day Notice (if tenant rents on a monthly
basis and the landlord desires to evict the tenant for reasons other than
delinquency). The five-day notice consists of a statement to the effect that if the
rent is not paid within five days from the date of service, action will be taken for
possession of the apartment or residence occupied by the tenant. The five or
thirty-day notice is received directly in the Sheriff’s Office from the property
owner or owner’s agent or attorney (it does not go through the Clerk of Court);

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nevertheless, it is a legal requirement that the five (or thirty) day notice be served
before the next step leading to eviction can be taken.

The next step which is taken after elapse of the five (or thirty) day notice time is
the securing of a Summons for Unlawful Detainer by the plaintiff. This detainer
is obtained by the plaintiff from the Clerk of Court upon filing of an affidavit and
presentation of the proof of service of the five (or thirty) day notice. The
summons for unlawful detainer is then sent to the Sheriff for service to the
defendant. This warrant summons the defendant to appear in District Civil Court
on a certain date to answer the complaint that said defendant (tenant) is, in effect,
in unlawful possession of the specified apartment or premises and detains the
owner from possession thereof. At the bottom of the unlawful detainer is
appropriate wording for the judgment action which grants the plaintiff authority to
recover possession of the premises involved and may also include a money
judgment. Usually the defendant does not appear in court to contest the action
and the judgment is granted the plaintiff by default.

Judgment in favor of the plaintiff leads to the third and final step; i.e., the
eviction. This is brought about by a Writ of Possession secured by the plaintiff
from the Clerk of Court ten (10) days after judgment on the unlawful detainer.
The court holds these papers in order to give the defendant ten (10) days in which
to perfect an appeal. When the writ is received in the Sheriff’s Office, the
original is retained by the Deputy Sheriff as authority for the action and upon
which to make a return when the eviction is completed. The writ is served to the
defendant in person, or by substituted service or by posting. This notice is made
out by the Office Manager to show the name and address of the defendant, and the
date and time the premises must be vacated (minimum of seventy-two (72) hours
as required by law).

The Deputy Sheriff’s action on the Writ of Possession is as follows:

Fill out the eviction notice to the tenant after coordinating with owner or manager
of premises. Make sure owner/manager understands it is their responsibility--not
that of the Sheriff--to move the defendant’s furniture and personal property out of
and off the premises (if the defendant has not done so voluntarily by the time set
for eviction). The furniture and personal property of the defendant have to be
moved to the nearest public right-of-way. The defendant will be given a
minimum of seventy-two (72) hours notice prior to the eviction in order to make
arrangements to move voluntarily. If the defendants move out before being
physically evicted, the eviction action is considered completed and the writ of
possession noted accordingly. In the event of inclement weather at the scheduled
time for the eviction, it is the practice of the Sheriff’s Office to postpone the
eviction until, such time as the eviction can be carried out.

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2. Warrant of Distress

In addition to the Writ of Possession (eviction) action, the plaintiff has another
remedy when rent is past due and that is to obtain a Warrant of Distress. This
kind of warrant provides authority for the Sheriff to levy on the goods and
chattels of the delinquent tenants and subsequently to sell the property levied
upon in an effort to make the amount of money, plus costs, set forth in the
warrant. It is an action which is taken only when rent is past due under a
contract and is in the nature of an attachment (before judgment) on the personal
property of the lessee, his/her assignee, or subtenant, found on the premises
under lease, or any other location if the property has not been removed from the
said premises more than thirty (30) days.

The first part of the warrant is the affidavit that establishes the basis for the
action to be taken by the Sheriff. The language used requires the Sheriff to
DISTRAIN, etc. Distrain, by definition, means to “levy a distress,” and distress
means to “seize or detain.” Martinsville City does not seize under Warrant of
Distress. The action is initiated, under statutory authority, at the District Court
level but is returnable in the Circuit Court. The plaintiff cannot ask for a sale of
the goods levied upon until ten (10) days after the levy is made, during which
period the defendant or debtor can contest the action in the Circuit Court. Also,
prior to the sale taking place, the plaintiff has to post a surety bond in an amount
equal to the value of the property; such bond to be provided to the Sheriff. The
distress levy is usually uncontested but does serve to pressure the defendant into
paying the back rent, thereby making a sale unnecessary. If a sale is directed,
however, it is made under a Writ of Venditioni Exponas (expose to sale) and, as
indicated, must be accompanied by the indemnifying bond. After the Writ of
Venditioni Exponas is issued by the Clerk of the Circuit Court (and the sale
notice is posted), another ten (10) days must elapse before a sale can be held.

Instructions of Service: The distress warrant is received in the Sheriff’s Office


in one original and two copies. One copy is kept in file; the other copy, together
with a copy of the levy sheet, is left at the premises of the defendant. The usual
levy sheet form is used. This form shows the date, time, and place of the levy
and is signed by the Deputy Sheriff making the levy. The original of the distress
warrant, together with the original of the levy sheet, is returned to the Circuit
Court.

G. LEVIES, SEIZURES, AND SALES

Two basic kinds of levies/seizures and sales are customarily acted upon in the
Sheriff’s Office. One kind of levy and sale has been covered above under rent
actions; namely, the action taken under a distress warrant and the venditioni exponas
type of sale made as a result of the distress levy. Both the distress warrant levy and a
levy made as directed in an attachment before judgment (see Section A above) are
actions taken initially without a judge hearing a case. A seizure of the property,

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however, made under a distress levy is effected only after the prescribed time of
appeal of the distress levy has elapsed.

The other main category of levy, seizure, and sale is that which results from a
judgment and which is referred to generally as an execution. An execution is the
judicial process which enforces or carries out a judgment or decree. The two main
types of executions are: (1) a writ of fieri facias (fi-fa), which is the means to
enforce a money judgment by levy and sale of the property of the defendant; and (2)
the writ of possession, which enables the plaintiff to obtain possession of specific
property, such as an apartment or residence, by evicting the occupant thereof
(covered under Rental Actions), or a writ of possession action (detinue) taken after
judgment under a conditional sales contract to recover specific articles of personal
property in possession of the judgment debtor. In this case, the defendant has the
option of retaining the specific property or paying the amount of the judgment. The
type of levy, seizure, and sale covered in the balance of this section will be restricted
to executions carried out under a fi-fa. In considering the relationship between a fi-
fa and a levy carried out under a fi-fa, the following points are relevant:

1. A lien on the personal estate of the judgment debtor is established dating


from the exact time that the writ of fi-fa is received in the Sheriff’s Office
for execution and is endorsed with year, month, day, and time of day the
writ is received. This procedure is followed so that the Sheriff’s Office can
control the priority on levies when more than one is received for execution
against the same individual.

2. This lien covers leviable property as well as non-leviable property, such as


bonds, notes, stocks, etc., which the judgment debtor has or may acquire
“on or before the return date of such writ,” except such property as is
exempt under provisions of Title 34. The lien extends only to non-leviable
property located within the Commonwealth and leviable property within the
Sheriff’s bailiwick.

3. In Virginia the fi-fa is returnable ninety (90) days after its issuance in
district court, and on term day in Circuit Court (sixty days). A lien on
tangible property automatically ceases if an actual levy has not been made
on or before the return date.

4. The lien acquired by placing a writ of fi-fa in the hands of the Sheriff is so
imperfect in nature and unspecific as to the goods of the debtor that an
actual levy is always advisable for establishment of a solid lien and security
for the debt. The levy, in effect, specifies the goods and chattels levied upon
and is necessary as a basis for advertising the property and selling it (within
six (6) months after execution).

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5. A levy can be made only upon specific tangible property. Actual seizure of
the property recovered is not necessary if the deputy has the property in
his/her view and power to seize it if he/she so chooses, and notes on his/her
writ the facts of the levy.

Specific points to keep in mind in effecting a levy under a fi-fa are as


follows:

a. After receipt and endorsement of the fi-fa in the Sheriff’s Office, the
actual levy is the next step necessary before a sale can be made.

b. Although the fi-fa authorizes seizure of property, the practice in


Virginia has been on the premises of the debtor until the day of sale in
order to save expenses.

c. A valid levy can be made on household goods in the owner’s absence;


no formal notice is necessary. It is the practice in the City of
Martinsville, however, to leave a copy of the levy sheet with or on (one
of) the items levied upon.

d. In making a levy, the Sheriff is acting as agent for the plaintiff. The
plaintiff or his/her attorney has authority to control the execution and to
say whether the levy should be modified or canceled. (The plaintiff
retains the right to sue out a new execution.)

e. A deputy making the levy may, if need be, break open (or cause to be
opened by a locksmith) the outer doors of a dwelling house in the
daytime after first having demanded admittance of the occupant and
may also levy on property in the personal possession of the debtor if the
same be open to observation. The practice in the City of Martinsville is
to first check to insure that the defendant does live at the address. The
deputy should then check with neighbors, mailman, paperboy, etc., to
determine whether defendant is: (1) on vacation; (2) in the hospital; (3)
in jail. Only as a last resort should entry be forced to complete a levy,
and then only after the deputy’s supervisor has been notified and
briefed.

f. Levy on any personal property in the possession of the defendant,


regardless of his/her claim that it does not belong to him/her, etc. The
claimant (or third party involved) has a right to claim ownership by
filing the necessary affidavit with the Clerk of court.

g. When listing property, IDENTIFY it--use make, model, serial number,


etc. If none of these are available, some definite description should be
used so that, if necessary, it can be identified at a later date.

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h. Levy on property that would be equal in value to the amount claimed in
the warrant. Place a fair market value on items and bear in mind not to
over-levy (unless circumstances alter the above, such as property that
has been abandoned, and it is necessary to attach all property in order
to dispose of it).

i. If the plaintiff requests seizure of the property prior to sale (sometimes


desirable as in the case of mobile vehicles), a bond is provided the
Sheriff by the plaintiff for an amount equal to the value of the vehicle.
Identification, including license number and registration information, is
also furnished by the plaintiff. The vehicle or property is moved at the
plaintiff’s expense to an area of safe storage pending the sale.

j. When the execution is in favor of the Commonwealth, a levy can be


made on realty, but normally a levy is made only on personal property.
It is still necessary, however, to attempt to satisfy the debt out of the
personal property before selling the realty.

k. Property and articles exempt from a levy made under a fi-fa are set
forth in the Code of Virginia. The articles most commonly found and
which are exempt include the following: necessary wearing apparel of
the debtor and his/her family; sufficient bed, bedding, tables, and chairs
needed for the size of the family; plus a refrigerator, washing machine,
cooking utensils, one sewing machine and, in the case of a mechanic,
tools of his/her trade. A detailed list, as set forth in the Code of
Virginia, is provided each deputy making levies. In addition, each
householder has a basic exemption of property, either realty or personal
property, not exceeding five thousand dollars as provided in the Code
of Virginia. This householder’s exemption is usually waived at the
time the debtor signs or executes a promissory note or other obligation
of indebtedness.

l. A levy cannot be made on intangible personal property, but a lien


attaches to it by court order within a year after the return date of the
execution. The lien in this case continues as long as judgment can be
enforced and it does not matter whether the return date of the writ has
passed or not.

m. Personal property belonging to a wife may not be levied upon under an


execution for the debt of her husband. (For example, if ownership of
an automobile is registered in both husband and wife names, a levy
based on a judgment against the husband cannot be made on the wife’s
interest in the automobile. It can be made against the husband’s
interest, however, and at the sale advertised specifically as applying to
the husband’s interest only.) Such a sale would not appeal to the
average buyer, but the plaintiff may wish to buy the husband’s interest

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at the time of sale or the wife may wish to purchase her husband’s
interest and thereby obtain full title to the vehicle. If the plaintiff buys
the husband’s interest, the plaintiff would need to take the case to court
for a determination of the respective interests and obtain a court ruling
for settlement of the suit.

n. At the time the levy is made the deputy making the levy estimates the
value of the property levied upon and makes a notation on the levy
sheet on the amount of the indemnifying bond required. The amount of
the bond is set at the estimated value of the property in the case of a fi-
fa (or a warrant of distress). In the City of Martinsville this bond is
usually not required unless the property is to be seized and sold.

o. One exception to be noted to the general rule that a levy can only be
made on specific tangible property is that a levy on shares of stock is
valid provided the shares are actually seized by the deputy executing
the writ and are surrendered to the corporation, or their transfer by the
debtor is enjoined.

p. Real estate cannot be levied upon and sold under an execution;


however, if the judgment on which the execution issues is a lien on real
estate, the lien can be enforced after all personal property of the debtor
has been exhausted. This lien is enforced as a fill of equity. The
chancery court can order the amount of the judgment unless such rents
and profits will not satisfy the judgment within five (5) years, in which
case the court may direct the property sold.

q. A levy cannot be made on the contents of a locked safe deposit box


since the contents are not within view or power of a seizure (unless the
renter opens it voluntarily); however, in any case where a bank or trust
company having for rent safe deposit boxes, is served with a notice of a
lien of fi-fa or a summons in garnishment in which a renter or lessee of
a safe deposit box is named defendant or judgment debtor, it shall be
the duty of such bank or trust company to deny such renter or lessee
access to the safe deposit box rented or leased in the name of the
defendant or judgment debtor, unless otherwise directed by a court of
competent jurisdiction or by the judgment creditor.

6. Sales

The sale is the final action taken under a writ of fi-fa. The following
considerations apply to such actions.

a. Only property subject to levy and which has been levied upon can be
sold.

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b. It is required that notices of the time and place of the sale be posted at
least ten (10) days prior to the day of the sale.

c. The notice of sale is posted at some place near the residence of the
owner, if he/she resides in the city, and at two other public places in the
city.

d. If the property is expensive to keep or perishable, the court or authority


issuing the fi-fa can order that the sale is made without waiting for the
ten day period to elapse.

e. At the time and place so established, the property shall be sold to the
highest bidder, for cash, as may be necessary to make the amount of the
fi-fa. When property remains unsold because of no bidders or because
of an insufficient bid, the sale may be postponed and the property again
advertised, stating the fact of no bidders or of insufficient bid, and that
the property will be sold peremptory under a writ of venditioni
exponas.

f. No Sheriff, Sergeant, City or Town Constable or High Constable, or


any Deputy of such office, or city employee shall directly or indirectly
purchase effects sold under a writ by such officer or deputy.

g. No such officer or deputy shall act as auctioneer, except when selling


under a writ, unless he/she first obtains a license to conduct the
business of an auctioneer or common crier.

h. The deputy must collect for each item sold even if the plaintiff buys it
and wants to pay only costs.

i. As each item is sold, list the buyer, amount and item number on the
copy of sale notice. If the number of items for sale is extensive, it is
advisable for the deputy making the sale to have clerical assistance in
marking the items for identification, keeping track of the buyers and
selling prices, collecting the cash and giving receipts for same to the
buyers.

j. The day before the sale it is wise to check with the plaintiff to make
sure there has been no settlement and that the plaintiff or his/her
attorney will be present at the sale.

k. It is the practice of the Martinsville City Sheriff’s Office that prior to


the sale, the attorney take the following actions:

1. Obtain a Sheriff’s Indemnifying Bond (unless sale is ordered by


the court).

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2. Provide the Sheriff with a written statement advising whether or
not liens exist on items to be sold, a letter or teletype from the
Department of Motor Vehicles regarding any liens on vehicles.
The plaintiff also submits an itemized list of court costs, bond
premium, and total amount required to settle the claim.

l. When there is not time on the date appointed for the sale to complete
same, the sale may be adjourned from day to day until completed.

m. Each sale is made on an “as is” basis with no warranties implied as to


the quality or soundness of the goods sold. If an item has a lien on it,
however, it is sold subject to the lien as advised by the auctioneer
(based on information supplied by plaintiff). If the sale price is not in
excess of the lien (plus costs), no sale should be made.

n. In each sale scheduled, a sale folder is prepared in which background


papers are kept. A sale check list is maintained in this folder to insure
that the required steps are taken prior to the sale. In addition, copies of
the levy and the sale notice are filed in the folder. The procedure as
described above is set forth. At the actual sale, the sale is started by
reading the sale notice which, subsequent to the levy, will have been
adjusted or noted, if necessary, to reflect liens or other information
supplied by the plaintiff.

o. If property which has been levied upon is also to be seized preceding


the sale thereof, the owner may retain possession of such property until
the date of sale provided he/she gives the Sheriff a bond with sufficient
surety payable to the creditor which states the property shall be
forthcoming at the day and place of sale. The bond would specifically
state the amount due, including the officer’s fee for taking the bond,
commissions, and other lawful charges, if any, and that service of the
writ has been made. The law relating to forthcoming bonds was passed
for the benefit of the owner of the goods taken, to enable him/her at
his/her own risk to retain possession and use of the goods and to avoid
the expense of their safekeeping until the day of sale.

H. MISCELLANEOUS

1. Tax Notices and Levies

The most frequent type of tax notices handled in the Martinsville City
Sheriff's Office are those issued by the Treasurer for the City of
Martinsville for delinquent taxes. These notices, lien and demands, levies,
and distress warrants are issued by the Treasurer and are returnable directly
to the Treasurer.

1-11 24
The tax notices issued by the Department of Taxation of the
Commonwealth of Virginia for delinquent payment of state income taxes.
This notice takes the form of a notice of motion for judgment. Although
these notices are issued from Richmond, they are returnable to the local
court having jurisdiction over civil matters. On the date the case is to be
heard, a representative of the delinquent tax section of Richmond is present
in court to represent the Commonwealth. Most cases are uncontested and
judgment by default is granted. If a defendant wishes to contest the validity
of the assessment, he/she should advise Richmond and appear in court on
the date set. Service is made in accordance with rules for service to
defendants. If the defendant has questions at the time of service, his/her
attention should be invited to the “Instructions to Defendants” which are
printed on the notice itself. Assuming a judgment is granted by the court,
the Commonwealth can proceed to command the Sheriff to make a levy
upon both real and personal property of the defendant. The levy in this
event is made against the personal property unless it is otherwise indicated
by the Commonwealth.

Another frequent form of action taken by the Commonwealth concerns


failure to pay unemployment compensation taxes assessed by the Virginia
Employment Commission. These actions, which are received by mail
directly from Richmond, take the form of a command to levy upon and sell
the real and personal property of the defendant. They are returnable to the
Virginia Employment Commission in Richmond through the Clerk of the
Circuit Court.

This policy supersedes all previous administrative directives.

1-11 25
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: COURT SECURITY POLICY NUMBER: 1-12.1

EFFECTIVE DATE: 5/1/06 Number of Pages 1-13


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 11/30/07, 03/20/08, 12/19/08, 3/12/13,
12/8/16, 8/30/2022 Authorizing Authority: ________________________________
Sheriff

I. POLICY

It is the policy of the Martinsville Sheriff's Office to provide the most effective and
safe delivery of services in the areas of courtroom security and other related public
safety services. The Martinsville Sheriff's Office will provide these services in
accordance with applicable Virginia law and professional standards.

II. PURPOSE

To provide a written directive on courthouse/courtroom security. This directive shall


be made available to all personnel assigned to the courthouse/courtroom security
function.

III. DEFINITIONS

A. Bailiff - A deputy sheriff whose primary function is to protect the


presiding judge and jurors, maintain order in the courtroom, announce the
opening and closing of court, call witnesses and persons to appear in the
court, attend to other matters under the court’s direction, and maintain
security of defendants in the courtroom.

B. Court Security - Procedures, technology, and architectural features needed


to ensure both the safety of people and property within the courthouse, and
to ensure the integrity of the courthouse.

C. Escort Deputy - A deputy who is primarily responsible for transporting a


inmate to and from court as well as the security of that prisoner during
court.

1-12.1 1
IV. PROCEDURES

A. Courthouse/Courtroom Security Procedures

1. The Martinsville City Sheriff’s Office is responsible for the


security of the courtrooms, including both public and non-public
areas adjacent to the courtrooms. The Martinsville Fire and EMS
Department is responsible for responding to all fire alarms and
request for emergency medical assistance in the courthouse.

2. All sworn members of the Martinsville City Sheriff’s Office are


responsible to identify threats, or potential threats, to the safe and
orderly operation of the courts, the judicial process, or to the
courthouse itself. Such threats may include, but are not limited to
escape, attempted escape, disorderly conduct, physical assault,
with or without a weapon, bomb threat, bomb explosion,

3. Deputies are assigned by the Sheriff’s designee/supervisor to


courtroom/courthouse security and to a duty post within the
courthouse.

a. In criminal and civil cases, a bailiff is assigned.

b. In all instances of Court Security, the Supervisor will have


the responsibility to adequately staff required posts.

4. Defendants remanded into the custody of the Sheriff, directly from


the court, will be moved immediately by the deputy assigned to
security from the courtroom to a holding room adjacent to the
courtroom or directly to jail. The Transportation Deputy will move
them to the jail as soon as possible.

5. The courthouse design does not provide separate circulation


patterns for the judges, staff, prisoners, public or juries. Special
instructions are given for juries only when ordered by the judge or
a high-risk trial. The public is generally excluded from interior
office spaces. All deputies assigned to the courthouse should assist
the public in finding the location they seek, and prohibit their entry
into the non-public areas.

B. Responsibilities of Deputies/Bailiffs in Martinsville Combined District


Courts and Circuit Court.

1. All courtrooms shall be thoroughly searched prior to the beginning


a court day and end of the court day.

1-12.1 2
2. The bailiff will position themselves in the courtroom at a location
providing the best view of the courtroom, including the occupants,
the doors, and any windows. The bailiff should never sit or stand
with his back to the gallery in the courtroom nor place himself in
an area where he is unable to immediately see who enters, or
intends to enter, the courtroom. The bailiff should remain attentive
and alert at all times and refrain from unnecessary movements or
actions which may detract from the proceedings.

3. At any time during a court session there is excessive or disruptive


talking among the audience, the bailiff should act to quiet the
audience members. Such action may include expulsion of the
individual(s) causing the disturbance from the courtroom or
courthouse.

a. Newspaper or magazine reading by spectators in the


courtroom, while court is in session, is not permitted.
Eating, drinking, or smoking is also prohibited at all times
in the courtroom. The bailiff is responsible to assure that
such activities do not take place.

4. The bailiff will limit disrupting traffic into or out of the courtroom
when the court is in session, particularly during the opening and
closing arguments. In Circuit Court, during the reading of
instructions in a jury trial no one is permitted to enter or leave the
courtroom.

5. When a witness is called, the bailiff will direct or escort the


witness to the witness box. The bailiff should remain alert to the
presence of witnesses in the courtroom who have been excluded
from the proceedings.

6. At any time, the bailiff believes that additional assistance is


needed, he should immediately notify the Supervisor or next
highest-ranking officer by the fastest possible means.

C. Responsibilities of Deputies Assigned to Court Security

1. The bailiff(s) assigned to court will have the primary responsibility


for handling the prisoner(s) for the court. The following guidelines
apply to prisoners entering the courtroom. These guidelines are
not intended to be all inclusive, or to replace the judgment of
deputies assigned to the court.

1-12.1 3
a. For the purpose of court proceedings, one deputy will have
primary responsibility of handling inmates during the
proceedings.

b. The inmate will be in front of the deputy at all times.

c. During court proceedings, the bailiff will not sit beside the
inmate, but rather station himself in such a manner to
prevent escape or threat to the judge or other court
personnel.

d. The Escort Deputy will accompany the inmate to the bench


during bench conferences and to the witness box.

e. Immediately prior to sentencing, the bailiff will station


himself behind the inmate and be prepared to subdue the
inmate should the inmate present a threat to the security of
the courtroom, and be prepared to handle boisterous
relatives or friends.

f. Anticipate the inmate’s actions.

g. Speak to the inmate only when necessary, and do so in a


clear and direct manner.

h. Never permit an inmate to have physical contact with


anyone other than his attorney or other court personnel.

i. The Martinsville Sheriff’s Office rarely performs a Lock-


Up Facility procedure for defendants who come in from the
street and get incarcerated. In normal court operations,
when a defendant off the street is remanded into the
custody of the Sheriff, the bailiff will immediately conduct
a pat down in a holding room, or other designated location,
and take the now inmate directly to the jail for processing.

j. If such an occasion arises were a defendant must be secured


in a holding cell due to manpower or other non-for seeable
situations, the bailiff will designate a lock up cell from one
of the available holding cells. Physical checks of the person
will be conducted and logged twice per hour.

k. Inmates will not be permitted to smoke while in the


courthouse.

1-12.1 4
l. Inmates who require the use of a restroom during a court
recess will be allowed to use the restroom in the holding
room, if equipped or escorted to the jail restroom.

m. No food is permitted in the holding rooms located in the


courthouse unless approved by the Sheriff.

2. The Juvenile and Domestic Relations District Court proceedings


are confidential and non-public. With prior approval of a judge,
observers are permitted in this court. The bailiff will be advised by
the judge if visitors or observers are permitted.

a. Bailiffs will search Juvenile and Domestic Relations


District Courtroom prior to the opening and at the end of
court day.

b. Inmates remanded back into custody directly from the court


will be removed to the holding room area and will be
searched by pat down or taken directly to jail and searched
there.

c. Holding cell (Room #35) will be time-phased for juveniles


only on Wednesdays from 11:00a.m. to 4:30p.m. Adults
are never detained in this holding cell during this
designated day and hours.

D. Special Operations Plan

1. Operational Command

a. Primary authority and responsibility for security operations


for a high-risk court proceeding is the Sheriff if not
available the highest-ranking Court Supervisor. He will
review and approve all operational plans used during the
trial.

b. The Court Services Supervisor is designated as the court


room security manager.

1-12.1 5
2. Notification and Planning:

Upon notification of an upcoming high-profile or high-risk trial, a


Court security supervisor in consultation with the bailiffs will
prepare an operational security plan. This plan should address this
Section and Section E if determined needed.

a. All available intelligence information concerning both the


defendant(s) and the nature of the charge(s) against him.

b. Criminal history: with particular attention to any previous


acts of violence, narcotics use, escapes and/or escape
attempts.

c. Physical description of defendant(s), including a recent


photograph.

d. Personal information of defendant, including home address,


names and addresses of family members and friends,
organizations to which the defendant belongs which may
pose a threat; names and addresses of defendant’s visitors
at the jail facility.

e. Law enforcement information - case/arrest reports.

f. Schedule of court appearances including arraignments and


preliminary hearings in the General District or Juvenile
Domestic Relations Courts, including the courtrooms to be
used; motions, trial, sentencing dates and presiding judge in
the Circuit Court; Commonwealth’s Attorney assigned to
the case; and Defense Attorney(s) and expert witnesses, if
any.

g. Coordination with the presiding judge, Commonwealth’s


Attorney, and defense attorneys.

3. Determination of Security Needs:

a. The security plan will address the number of deputies to be


assigned for direct prisoner security, the number of
deputies assigned as bailiff, transportation arrangements to
and from the courthouse, or other holding facility, type of
Vehicle, number of vehicle(s), transporting personnel, use
of decoy vehicle, or need for other specialized equipment
or personnel.

1-12.1 6
b. Communications including frequencies, channels, and
radios issued to personnel.

c. Perimeter security of the courthouse, including but not


limited to securing all doors opening to the outside, rooftop
security.

d. Hall security including use of magnetometer, roving patrols


periodically.

e. Seating arrangements inside the courtroom (to be


coordinated with presiding judge and Commonwealth’s
Attorney), including seats for the media, victim(s) and
family, defendant’s family and friends, and witnesses (use
of outside witness rooms preferred; separate seating for
prosecution witnesses and defense witnesses).

f. Personal protection needs for the presiding judge,


witnesses, attorneys, and jurors (sequestering determined
by presiding judge).

g. Building Search/Shakedown, including, if needed, a canine


assisted search.

h. Media relations plan, including designating a media liaison,


providing space for the media, or other needs.

k. Hostage situation plan.

4. Staff Coordination: Prior to the opening of the trial, staff briefings


will be held by the Court Security Supervisor and all staff
members. These briefing(s) will provide information needed to
conduct the trial as well as to discuss other planning and strategy
options. The result of this planning is a contingency plan to
address the potential events.

5. Incidents:

a. If information is gathered that suggests there is an


imminent threat to the trial, deputies will immediately
advise the judge. Action to recess, postpones, or move the
trial will be discussed and determined.

1-12.1 7
b. In the event of an actual incident, deputies working in the
courtroom will immediately secure the inmate, the judge
and court personnel, the jury, and advise the Court Security
Supervisor. Back-up will be requested, and the
contingency plan implemented.

c. Threats of actual events will be documented.

6. Critique: Following the conclusion of the trial, the Operations


Captain may critique the trial with staff focused on the notification,
planning, implementation and outcome of the activities related to
the trial.

7. Property: Property not allowed in a court room in the course of a


high security trial, particularly at the location of the magnetometer,
will not be permitted. The owner will have to secure in their
vehicle or leave it with someone else.

E. Emergency Action Plan Procedures (fire, bomb, escape, etc.)

Martinsville General District Court, Circuit Court, and Juvenile and


Domestic Relations Court are located within the City Hall building.
From an authority prospective, the control of the building is
technically in the hands of the Sheriff. The Sheriff has recommended
that the City Manager’s Office serve as the point of contact for any
emergency that may affect operations in the building.

See EMERGENCY PROCEDURES MANUAL FOR COURT


EMPLOYEES

ESCAPES FROM CUSTODY

1. Escape or Attempted Escape - In the event of an escape, or a


suspected escape, the scene supervisor on the scene will
immediately assume the responsibilities for implementing the
procedures contained in this General Order.

2. Securing the Courthouse

a. If there is reason to believe that an escape has occurred, the


ranking member on the scene will immediately order
external perimeter security, as necessary, and request
assistance from the Martinsville Police Department. A
determination will be made as quickly as possible
concerning:

1-12.1 8
(1) Location of the escape;
(2) Direction and method of travel and means of
escape;
(3) Name, physical description of escapee;
(4) Accomplices, if any; and
(5) Hazards existing to staff. (Bombs, weapons, etc.)

3. Search of the Courtroom(s) - A systematic search will be conducted of


the courtroom(s). The ranking member on the scene will designate
deputies to begin searching. As rooms adjacent the courtroom is
searched, the areas will be secured by the best means possible.
Deputies participating in the interior search will be armed.

4. Identification of the Escapee(s) - When the identity of the


escapee(s) has been determined, the jail will be requested to
provide information to the scene supervisor including, but not
limited to a photograph, physical description, address, visitor
information, criminal history information, family information, past
employers, etc. A copy of the photograph along with a physical
description will immediately be furnished to the Martinsville
Police Department and to any deputy assigned to search for the
escapee(s). A teletype of a confirmed escape and descriptive
information will be transmitted by the Communications Center.

5. Notification - The Communications Center will be immediately


notified by the scene supervisor. Notification to the news media,
community groups, if necessary, or other groups will be handled
by the Sheriff, or his designee. If the inmate is not apprehended
within a reasonable amount of time, the Commonwealth’s
Attorney, the Virginia Department of Corrections, if the escapee is
a state prisoner, the court of jurisdiction, and the escapee(s)
attorney will be notified.

6. Mobilization of Sheriff’s Office Members - If an escape has been


affected the scene supervisor will make the determination to call
back members of the Sheriff’s Office to work. Notification to
members to report to work or notification that members will be
held over will be made as quickly as possible.

7. Point of Escape - The point of escape shall be secured and the


scene preserved for the collection of evidence.

8. Securing a Warrant - As soon as possible after a determination has


been made that there has been an escape from custody and the
individual(s) has been identified, the scene supervisor will secure a
warrant for escape. The existence of the warrant should be entered

1-12.1 9
into VCIN/NCIC. The original of the warrant should be filed with
the communication Center and a copy placed in the inmate’s file,
in the jail records.

9. Post-Incident Notification - When the escapee is captured, law


enforcement agencies assisting with the search will be promptly
notified of the capture by the Sheriff, or his designee. The news
media will be notified by the Sheriff, or designee.

10. Post-Incident De-Briefing - At the conclusion of the incident, a de-


briefing report will be prepared for the Sheriff. This report will
include, but is not limited to, a summary of all events, copies of
relevant reports and any reference to hardware which may have
contributed to the escape.

COURTROOM SEARCHES

1. A Deputy Sheriff assigned as a bailiff will conduct a complete


search of the courtroom to which he is assigned, at a minimum:

a. Prior to the morning session;


b. Prior to the afternoon session.

2. After completion of the search, the courtroom should remain either


securely locked, or kept under direct surveillance by the bailiff or
other sworn personnel.

3. Courtroom/Courthouse searches will be thorough and systematic.


Particular attention should be given to the judge’s bench, inmate
holding area, defense setting, jury box, gallery, witness rooms,
hallways, inmate corridors and jury deliberation rooms.

4. If contraband of any kind is found, it should be seized, unless it is a


suspected explosive device. If one item of contraband is found, the
Search should never terminate until the search is thoroughly
completed. By agreement, all seized or found contraband shall be
turned over to the Martinsville P.D. Evidence Custodian for the
purpose of case evidence and/or eventual destruction.

5. Inmate holding areas will be included in courtroom searches.

PRISONER HOLDING CELLS

1-12.1 10
1. Prior to entering the holding cell areas all deputies must properly
secure their firearms and other weapons in the lock boxes located
in the court room when handling inmates that are of high risk.

2. Locks on doors control the access to the holding cells. While inmates
are in custody, bailiffs have control of all court keys.

3. Locks and mechanical devices in the holding facilities will be


checked daily to determine they are in proper working order.

4. The Court Security Supervisor will initiate repair orders of any


locks or mechanical devices in the holding area found needing
repair. A complete check will be made to determine if anything in
this area compromise the security of the facilities.

5. The City Public Works Dept. will maintain a record of any repair
request submitted to Building & Maintenance.

6. A search of the holding area in the Courthouse will be made daily


for contraband.

7. When inmates are present in the holding cells, court security


personnel will check them at least twice per hour. Such checks
will be logged.

COURTROOM/COURTHOUSE SECURITY EQUIPMENT

1. Metal Detectors

a. Metal detectors are maintained at the entrance to the


Courthouse.

b. A hand-held scanner is also maintained in by the metal


detectors for closer inspection when needed.

c. At all times when a courthouse is open to the public there shall


be Sheriff’s Office personnel at the post of metal detection.

d. Anyone about to enter a courtroom will be asked by assigned


personnel, is there anything on your person such as pagers, cell
phones, sharp instruments, weapons etc.

e. When a person passes through the metal detector and alarm


indicates detection, the person will be scanned for metal
objects by the use of the hand-held scanner.

1-12.1 11
f. Any object found shall be the only thing that is detected, if not,
the process will be repeated again, until the safety and security
is satisfied. Then the person will be allowed to enter the court.
g. All objects that are reasonably perceived to be weapons or
could possibly be used as weapons shall not be permitted inside
the courtrooms. Personnel shall instruct that these objects be
taken outside of the building and disposed of. Firearms or other
dangerous weapons shall be confiscated and a supervisor shall
be notified. An arrest may be made under Virginia Code.

h. Only exceptions will be: (Sworn officers, Commonwealth


attorneys, Clerk of Court, and Court personnel etc)

1. X-Ray Machine

a. Is maintained along side of the metal detectors for close


inspection of contents inside of all brief cases, Purses,
Shoulder bags etc.

b. All brief cases, purses, shoulder bags etc. shall be


passed through the X-Ray machine for inspection before
being allowed to enter the courthouse.

c. All objects that are reasonably perceived to be weapons


or could possibly be used as weapons shall not be permitted
inside of the courtrooms. Personnel shall instruct that these
objects be taken outside of the building and disposed of.
Firearms or other dangerous weapons shall be confiscated
d. and a supervisor shall be notified. An arrest may be
made under Virginia Code.

b. Items that have the consistency of being a bomb containing


the five items of identification under x-ray: Explosives,
Detonator, Switch, Wire, Power source.

1. DO NOT TOUCH OR OPEN THE BAG,


PACKAGE ETC, FOR CLOSER INSPECTION.
2. Detain the person immediately.
3. Contact by land line the Martinsville Police
Department.
4. Contact by land line Sheriff Administration.
3. Handcuffs, Leg Shackles and Belt Restraints

1-12.1 12
b. Handcuffs are part of the bailiff’s uniform and are for use to
restrain prisoners remanded directly from court or emergency
restraint required situations which may develop in the
courthouse.

c. Leg Shackles, are used on every inmate that are to appear in


any court. Only exceptions are jury trial’s or Judge’s request.

d. React Belt System, will be used during jury trials when no


other restraint devices can be used or any other time with
reason to believe the prisoner may attempt escape, or may be
violent.

2. Duress Alarms

a. There are three courts in the court house and each bench is
equipped with a duress alarm that summons the Martinsville
Police Department for emergency assistance when activated.

b. The alarms are tested once a month for there operational


readiness by a bailiff assigned to that court room.

K. Respect for the Court

1. If anyone is about to enter the courtroom with apparel that is


considered by the court to be inappropriate or worn incorrectly shall
be told politely to make the correction. (Hat on, pants worn below
the waist, etc.)

2. Anyone about to enter the courtroom upset, loud or abrupt will be


told to stay quiet for respect of the court. (Including small children)

L. Judicial Change

1. This policy concerning courtroom security may be altered or exceptions


made based on however the Judge of that court deems necessary.

This policy supersedes all previous administrative directives.

1-12.1 13
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: SEQUESTERD JURY POLICY NUMBER: GO 1-12.2
EFFECTIVE DATE: 01/01/00 Number of Pages 1-11
REVIEWED ANNUALLY By Sheriff Authorizing Authority: ________________________________
REVISED DATE: 12/18/08
Sheriff

POLICY:

It is the policy of the Martinsville Sheriff’s Office whenever ordered by the Circuit court to
sequester a jury and alternate jurors they are to be kept in the custody of the Sheriff for the
duration of the trial or until further notice from that court

PURPOSE:

When a jury is sequestered by the Circuit court it is done so for the protection of the jury for
criminal influences and other outside influences such as all media sources, family and friends
input, co-workers, etc.

The first step for insuring a safe and successful trial is the planning for a sensitive trial. Below is
a checklist to be managed by the Captain of Operations or designee.

A. Sensitive Trial Checklist

1. Define Problem Areas


Prisoners
Gallery
High Community Interest
Media Interest

2. Conduct Security Meeting with Trial Judge. Discuss Specific Problem Areas
Supervisors
Commonwealth Attorney
Defense Attorney

3. Have Trial Judge Issue Appropriate Security Orders

4. Activate Appropriate Teams To Deal With Specific Problem Areas


Court Team
Jury Team
Prisoner Team
Judicial Security Team
Witness Team

5. Assign Manpower To Appropriate Team

6. Verify Manpower Needs With Court Security Officers

7. Prepare Sensitive Trial Security Plan


Intelligence From As Many Resources As Possible
Post Assignments
Contingency Plans

8. Brief All Personnel Before Trial Begins

9. Monitor Teams During Trial

10. Debrief Team Supervisors Daily

RESPONSIBILITIES:

Captain of Operations or designee

1. Sensitive trial checklist


2. Reserving Hotel Accommodations
3. Securing Hotel and rooms
4. Hotel Personnel briefings
5. Forms and logs to be placed at designated post and the management of those logs
6. Scheduling of a conference room for jurors lunch
7. Lunch and Breakfast Menus for Jury
8. Snack and video purchasing for Jury at hotel room suite
9. Scheduling of transportation and escorts for jurors (to and from hotel and if
needed the scene of the crime)
10. Jury agenda scheduling
11. Briefing Jury of agenda and housing rules while not in court session
12. Coordinate any changes to appropriate personnel
13. Receipts of all cost submitted to the Clerk of Court

Lieutenant

1. Assist the Captain of operations with his or her responsibilities


2. Assist Metal detection personnel during each day start up and court breaks when
there is heavy traffic flow.
3. Float in and out of the court room when court is in session
4. Assist with the jurors as they return back to their hotel rooms each day

5. Be available during all times when the jury has to be escorted

1-12.2 -1-6 2
6. Assist with the considerate search of jurors of the same sex, when they arrive at the
hotel for their first evening of stay

Circuit Court Bailiff

1. Coordinate the proper personnel for security of the courtroom and specific duties
of each.
2. Prepare list of all witnesses for both sides and their separation
3. Prepare designated holding area during jury selection
4. Assure defendant has proper clothing to stand trial
5. Perform as lead bailiff throughout the entire trial

Security for the Defendant

1. Escort defendant to and from the court room


2. Operation of stun belt (if needed)
3. Placement of the belt
4. Defendant explained of the belt policy and Proper paper work signed
5. Stay in close proximity of the defendant at all times; do not have to be in the
holding room adjacent to the court with the defendant but within a few feet of the
door.

Court Security

1. Follow instructions given by the Circuit Court Bailiff or otherwise the


instructions given through briefings.
2. Keep a close full eye on the gallery, but blend in as a fixture in the court.

Metal Detection Security

1. Assure no one gets by metal detection without your full attention


2. Assure that the policy on metal detection is followed completely

Hotel Security

1. Secure and supervise the area designated to accommodate the jury


2. Be as helpful as can be to the jury
3. Do not allow or participate in any conversation that may pertain to the case
4. Record all events on proper forms
5. Enforce all orders
6. Officers should prepare for themselves a means for meals.

Escort Security

1. Keep everyone a secure distance from the jury


2. Do not allow anyone to make contact with a juror
3. Do not allow anyone to video or photograph the jury
4. Escort them as quickly and safely as possible

1-12.2 -1-6 3
5. Retrieve additional help if needed

Office Associate

1. Schedule Jury for trial


2. Coordinate menu selection for meals for the jury
3. Coordinate with local vendor that will be providing meals and the arrival of those
meals
4. Act as a hostess during lunch and dinner
5. Assist in the collection of receipts and submit to the Circuit Court Clerk at a
reasonable time after the trial.
6. Be available to help assist a juror or jury during the trial in any way that may
require a need of comfort ability.

TRIAL PLANNING PROCEDURES:

A. Jury Accommodations

1. Hotel accommodations are to be arranged.


2. A payment method shall be arranged.
3. Work with hotel management on the leasing of nights and one entire floor with a suite.
4. Suite shall have a TV with a VCR or DVD player
5. All clock radios, Cable, Telephones and modem lines shall be removed from all jurors
rooms
6. One room (preferably) shall be used as an office for officers and that room shall have the
phone line intact for emergency purposes and for jurors to call home each evening.
7. Hotel staff must be instructed to have no contact with a juror.
8. If conference room or separate dining room is available, that room shall be reserved for
breakfast for the jury.

B. Meals

1. A local caterer shall be selected.


2. A payment method shall be arranged
3. Menus shall be planned with a local caterer.
4. Delivery times and destination shall be arranged.
5. Pick up of dishes and utensils shall be arranged.

C. Snacks

1. Snacks , coffee and beverages shall be bought for the hotel room suite
2. An ice chest shall be placed in the suite.
3. Paper and plastic products for snacks shall be bought for the suite.

1-12.2 -1-6 4
4. All receipts shall be submitted to the Office Associate for reimbursement.

D. Entertainment

1. Popular Videos or DVD’s shall be rented and receipts submitted to the Office Associate
for reimbursement.
2. A juror may bring cards or board games.

E. Speakerphone

1. A speakerphone shall be used in the officer’s room for emergencies and for jurors to call
home for well being check.

F. Jury Agenda

1. An agenda shall be planned for the daily events outside of the trial.

G. Security Posts

1. Positioning of officers of the court, metal detection officers and their orders shall be
planned for the trial.

H. Jury Escort

1. Planning the entrance and exit of the jury to and from the courthouse.

I. Jury Room Condiments

1. Coffee and Ice for jurors needs to be prepared before the start of court each morning.

J. Jury Selection Day

1. The planning of security and jury staging during the selection process and the staging
area for all witnesses for both parties.

1-12.2 -1-6 5
Attachments:

A. Security Orders
B. Jury Register
C. Personnel Log
D. Telephone Call Log
E. Transportation Log
F. Jury Agenda
G. Personal Items Flyer (for Juror’s)

This policy supersedes all previous administrative directives.

ORDER: 1

1-12.2 -1-6 6
1. For No Reason, Security Shall Not Be Breached.

2. At all times when the jury is on the secured floor there shall be no admittance of any one
else on that floor accept authorized personnel and rescue personnel if needed.

3. Just before each afternoon arrival of the jury a quick visual of each juror’s room shall be
made, any newspapers, articles or any other unusual findings should be removed.

4. After the jury has been selected they shall not be left alone without the presence of a
deputy.

5. Out side of the courtroom there shall be no one that will be allowed to have contact or
speak to a juror.

6. No one shall be permitted to come in close proximity of a juror. This includes hotel staff,
media etc. No exceptions.

7. If hotel staff is needed on the floor of the juror’s quarters, an officer shall handle the
issue.

8. At no time shall an officer discuss the case with a juror or a juror hears side conversation
pertaining to the case.

9. A juror(s) shall not discuss the case with another juror(s) while outside of the courtroom.

10. If a juror has a question or statement about the case they must write it down and seal it in
an envelope and have it submitted to the Circuit Court Bailiff in a reasonable time.

11. Jurors are not allowed to visit other jurors in their individual rooms.

12. If a juror receives mail that week, it will be brought to the Sheriff’s Office where the
Office Manager will censor it. It will then be sent over to the hotel where security will be
present while mail is opened. There shall not be anything in the mail pertaining to the
case.

13. If a medical emergency arises 911 Emergency and the Jail shall be notified immediately!
The Captain of operations and the Sheriff directly after.

14. All Jurors will be transported to the west side of the sally port and brought through Door
20 and up the stairs and through the side court door entrance.

15. All defendants will also be brought through the Old Sheriff’s Office and in to the
courtroom.

16. Logbooks must be filled out correctly.

1-12.2 -1-6 7
17. All security personnel shall use the Deputies Log when on duty, the log shall consist of
date, day, in, out and any remarks.

18. Officers working hotel security should prepare for themselves a means for meals.

1-12.2 -1-6 8
ORDER: 2

JURY SELECTION DAY

1. After jury selection and instructions from the Judge; the Captain of Operations and the
Circuit court bailiff will instruct the jurors on belongings they will need and what not to
bring from home and to meet back in the Sheriff’s Office lobby at a reasonable time with
luggage to go to hotel.

2. Captain of Operations or designee will set each juror and smokers up on the room
register, agendas and explain the court order.

3. Captain of Operations or designee will check in arrival of jurors, Jury will then be
escorted to the proper floor of the hotel and pass out keys.

4. Hotel Deputies are to perform a considerate search of all jurors’ belongings of the same
sex. Ate the completion of each search that juror will be allowed to retire to their room.

5. While in the Sheriff’s custody each evening between 6:30 p.m. – 11:00 p.m. Jurors will
be permitted without escort to use the hospitality suite for movie viewing, lounging, etc.

6. While in the Sheriff’s custody each evening between 6:30 p.m. – 10:30 p.m. jurors will
be allowed to use the speakerphone to call their family. A deputy will be the phone
monitor, and make a record of all calls. The record shall have the date, beginning and
ending time of the call, the juror, second party relationship, the incoming phone number
and the outgoing, topic of conversation as well as the name of the officer making that
record.

7. While in the Sheriff’s custody all jurors must be in their rooms for the evening by 12:00
a.m.

8. Deputies securing the floor will insure that security and is responsible for management of
all logs until relieve the next day.

1-12.2 -1-6 9
ORDER 3:

EACH DAY OF TRIAL

1. 7:15 a.m. transportation deputies will arrive at the hotel and escort jurors to breakfast.
During breakfast those deputies will remain with jurors and all logs from the evening
before shall be given to the transportation deputies.

2. 8:30 a.m. transportation deputies will escort the jurors to the bus for departure to the
courthouse. Arrival at the courthouse transportation deputies will escort jurors from the
West side of sally port. Entrance to the courthouse will be through door 20 and up the
stairs and through the side entrance to the courtroom. The Bailiff will relieve the escorts
at that point.

3. Approximately 12:00 pm when the court rest for lunch, the escort deputies will escort
the jury to designated room for lunch and remain with the jury through lunch and escort
back to court.

4. Approximately 5 :00 p.m. when the court adjourns for the day dinner/transportation
escorts will escort the jury to dinner in the designated room and remain with the jury
through dinner.

5. After dinner, dinner/transportation escorts will escort jury to the bus for departure to the
hotel. Dinner/transportation escorts will then escort the jury to their secure floor of the
hotel.

6. The Jury will then be allowed to relax and move about freely on the secure floor for the
evening.

ORDER 4:

1-12.2 -1-6 10
LAST DAY OF TRIAL

1. The day will begin just the same as the days before, all events will remain the same as
the prior days until the trial has ended.

2. When the jury is out to discuss guilty or not just before the verdict extra support may be
summoned from the jail.

3. Immediately at the ending of the trial and the Judge has left the bench-

a. the jury will be escorted quickly and safely to the bus adjacent to Door 20 and
taken by the transportation officers to the hotel to gather belongings.

b. Extra support security needs exit the building to the parking lot areas and remain
there until reasonable time has expired and there are no immediate threats on the
property.

c. Circuit court bailiff shall escort the Judge if needed.

d. All other security will assist on clearing the courthouse in a safe manner.

e. The officer in charge of the defendant will be taken the defendant back to jail.

4. Captain of Operations or designee will finalize and collect invoice from the hotel while
jurors are gathering their belongings

5. After all jurors and belongings are back on the bus they will be taken back to their
vehicles with escorts and retire to their homes.

6. During this time the Office Associate shall be making the proper phone calls to various
vendors that assisted us on meals etc. for any cancellations.

1-12.2 -1-6 11
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Bias Based Policing Philosophy NUMBER: 1-13.1

EFFECTIVE DATE: 9/1/06 Number of Pages 1-3


REVIEWED ANNUALLY By Sheriff
REVISED DATE: 12/02/08 Authorizing Authority: ________________________________
Sheriff

I. PURPOSE

The purpose of this policy is to provide a clear statement of the Martinsville


Sheriff’s Office philosophy regarding bias based policing, and to clarify the
appropriate basis to be used by officers when selecting individuals for law
enforcement contact and action. Officers are expected to carry out their
policing responsibilities in accordance with legal requirements or restrictions
and in a professional manner.

I. POLICY

The Martinsville Sheriff’s Office is committed to the unbiased delivery of


Sheriff services, and neither condones, nor will tolerate, bias based profiling
or policing in traffic contacts, field contacts, asset seizure and forfeiture
efforts, or any contacts for law enforcement purpose. Whereas profiling in
and of itself can be a useful tool to law enforcement officers in carrying out
their duties, bias based profiling or policing undermine legitimate law
enforcement efforts and may lead to claims of civil rights violations.
Furthermore, bias based policing alienates citizens, reduces public respect and
confidence, fosters distrust of law enforcement by the community, and invites
media scrutiny, legislative action, and judicial intervention.

Bias based profiling or policing is the selection of individuals for law


enforcement attention based not on legal criteria but solely on inclusion in an
identifiable group or classification recognized by law. Such group
identification includes, but is not limited to, race, color, ethnic origin or
background, gender, sex, sexual orientation, religion, economic status, age,
cultural grouping, disability or medical condition, or any other identifiable
legally recognized grouping.

1-13.1 1
II. PROCEDURES

A. General Responsibility

Sheriff personnel are responsible for familiarity with, and adherence to,
legal guidelines when selecting or targeting any individual for
enforcement purposes or action.

1. Officers will apply selection criteria that is objective, unbiased,


and based upon facts and observations which can be articulated
clearly;

2. Officers should focus on an individual’s conduct or other specific


relevant information;

3. Officers must have reasonable suspicion supported by specific


articulated facts when initiating contact with any person
considered suspect in some criminal activity;

4. In their delivery of sheriff services, officers are expected to treat


individuals in an impartial, unbiased, and professional manner,
regardless of the type of contact or the individual’s status
(victim, witness, suspect, etc.)

B. Supervisory Responsibility

1. All supervisors are responsible for ensuring that their personnel


are familiar with the department’s philosophy regarding bias
based profiling and policing, and apply that philosophy, as well
as legal guidelines, in the performance of sheriff services and law
enforcement.

2. Supervisors are responsible for identifying personnel


demonstrating a need for additional or remedial training in any of
the issues related to profiling or cultural sensitivity, and for
contacting the Chief Deputy who will arrange appropriate
training for the identified employee.

1-13.1 2
C. Training Responsibility

1. The Chief Deputy is responsible for the requirement that all


sworn employees receive initial and on going proactive training
in topics addressing bias based profiling and policing, including
cultural diversity awareness. The Chief Deputy will assure the
recording of participation in this training on the attendees.

2. The Chief Deputy is responsible for coordinating the provision of


remedial or additional training requested by a supervisor for an
employee who has demonstrated a need for this training.

D. Administrative Responsibility

1. All complaints received alleging bias based profiling or policing


action by Sheriff Personnel shall be thoroughly investigated
through the internal affairs process (reference policy 2-12).

This policy supersedes all previous administrative directives.

1-13.1 3
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: FISCAL MANAGEMENT POLICY NUMBER: 1-14
EFFECTIVE DATE: 09/07/07 Number of Pages 1-4
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 01/01/10, 08/10/12, 09/07/12,12/16/16
Authorizing Authority: ________________________________
8/18/20
Sheriff

I. POLICY

It shall be the policy of the Martinsville City Sheriff’s Office to conduct all
financial practices in accordance with established regulations as provided for by
the Auditor of Public Accounts of the Commonwealth of Virginia. Purchasing of
equipment and supplies for the Sheriff’s Office shall follow guidelines established
under the City of Martinsville Purchasing Policy and Procedures Manual.

An accounting system will be maintained to provide for the orderly and efficient
management of the various accounts which support operations of the Sheriff’s
Office. An inventory shall be conducted at least twice annually to insure the
operational readiness of stored equipment.

Capital assets of the agency shall be defined as any item having a value of five
thousand dollars ($5000.00) or more or any firearm in the possession of the
Sheriff’s Office. An inventory of all Sheriff’s Office Capital Assets shall be
conducted on an annual basis.

II. PURPOSE

To establish and identify the fiscal management practices of the Martinsville City

Sheriff’s Office as well as to provide for the maintenance of inventories of equipment

and capital assets of the agency.

III. PROCEDURE

A. General Practices

1. The City of Martinsville Purchasing Policy and Procedures Manual


shall govern all transactions in the category of purchasing,
requisitioning and bidding.

1-14.1 1
The Chief Deputy shall be directed to ensure that all entries are made
into the accounting system in a timely fashion. This shall include
records of credit card usage, city purchase orders and maintenance of
the receipt book and check book.

B. Handling of Cash, Check, or Money order Receipts

1. Sheriff’s Office employees are authorized to receive the following


funds (no cash is accepted as payment):

a. Proceeds from a Sheriff’s Sale;


b. Any fees collected for the service of civil process;
c. Home Electronic Monitoring;
d. Any cash donations for the Project Lifesaver Program. A receipt is
authorized for cash donations.

2. Upon receipt of checks, money orders, and cash (donations only) the
employee shall provide the appropriate receipt. As soon as practicable,
the total sum of any monies received or collected will be relinquished
to the Office Associate for handling. All Home Electronic Monitoring
and Project Lifesaver monies collected will be relinquished to the
Treasurer’s Office. Monies received for civil fees will be deposited
into the Sheriff’s Office Account as soon as practical. The civil fees
checkbook shall reflect initial balance, credits, debits, and the balance
on hand.

3. The Office associate shall be responsible for preparing deposits of


monies received on a weekly basis, as needed.

4. Similarly, the Office Associate shall be tasked with preparing the


disbursement of funds collected through civil actions to plaintiffs.

5. The Sheriff’s Office maintains a petty cash fund.

6. Cash disbursements for expenses in excess of any given amount can


only be authorized by the Sheriff, Chief Deputy or Office Associate.

C. Expenditures / Encumbrances

All routine (day to day) expenditures shall be accomplished through


the City of Martinsville Purchasing Card system. Routine expenditures
shall include but are not limited to official travel expenses, supplies for
the Sheriff’s Office or any operation thereof, etc. Any other
expenditure shall be accomplished through the City of Martinsville
Purchase Order System.

1-14.1 2
Any appropriations reserved for future operations will be maintained
and utilized by the Sheriff’s Office.

Receipts issued when utilizing the city-purchasing card shall be turned


in to the Office Associate for documentation and accounting purposes.

D. Unencumbered Balances

Any appropriations not yet set aside for special or specific projects
will remain in an account and maintained by the Sheriff’s
Office until
such funds will be utilized in future operations.

E. Accounting

1. The Office Associate shall effect the reconciliation of the checkbook


on a daily basis, if needed. All other postings such as proceeds from
fees and commissions shall be accomplished on a monthly basis and said
proceeds relinquished to the Treasurer of the City of Martinsville.

2. Accounting records shall be maintained at the Office Associate assigned


workstation. An accounting of all agency money activities are to be
done at a minimum on a monthly basis.

3. An annual independent audit of agency fiscal activities shall be


conducted by the Commonwealth of Virginia Auditor of Public
Accounts.

F. Sheriff’s Office Property

1. Equipment utilized in daily operations of the Sheriff’s Office shall be


maintained in a state of operational readiness or otherwise maintained
in accordance with manufacturer’s guidelines.

a. Deputies shall be responsible for maintaining any and all items of


equipment issued to them. Inspections of the condition and function
of such items may be held at any time, announced or unannounced.

2. Stored property of the Sheriff’s Office shall be inspected at least twice


annually to ensure operational function and readiness for immediate
deployment. Stored properties include but are not limited to the
following examples: special weapons, tactical tools, gear, devices or

1-14.1 3
any other stored equipment, including equipment stored in vehicles.

3. Capital assets belonging to the Sheriff’s Office shall be defined as:

a. Items having a value of five thousand dollars ($5,000.00) or


more, or;

b. Any firearm regardless of value.

G. Maintenance or Service Agreements

1. It will be the responsibility of the Martinsville Sheriff’s


Office to require and/or purchase and maintain
maintenance or service agreements on certain
purchased/leased equipment or services and/or contracts
with other entities for the continuation of upkeep on such
items or services to maintain warranty, proper servicing
and/or a needed service only an outside service or contract
provider can maintain or provide. Such maintenance or
service agreements are mostly budgeted and may consist of
the following items: (i.e. Lifepak, AED, Copiers, Fire
Extinguishers, Civility Software, Livescan, AXON Body
Cameras, Handy-John, Metal Detector Equip., etc.).

This policy supersedes all previous administrative directives.

1-14.1 4
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: PROPERTY AND EVIDENCE CONTROL POLICY NUMBER: 1-15.1

EFFECTIVE DATE: 9/1/06 Number of Pages 1-3


REVIEWED ANNUALLY by Sheriff
REVISED DATE:12/19/08, 09/14/12, 8/26/20 Authorizing Authority: ________________________________
Sheriff

POLICY

It shall be the policy of the Martinsville Sheriff's Office to provide a system for
the safe storage and eventual disposition of property that comes into possession of
sworn employees. Evidentiary and non-evidentiary items shall be relinquished to
the evidence property room of the Martinsville Police Department based upon
established letter of understanding. All items are to be followed by a report
detailing how the items came into the agency’s possession and a description of
each and submitted to an administrative officer.

It is acknowledged that deputies/employees rarely come into possession of


evidentiary items or found property given the small number of employees and the
specific nature of the mission of the Martinsville City Sheriff's Office. The police
department will handle circumstances in which an evidentiary or property
transaction occurs.

All property from inmates is handled in accordance with the department of state
policies and procedures for jails.

Within this policy a protocol shall be established and will be followed by all
sworn employees with regard to property coming into possession of the sheriff's
office.

II. PURPOSE

The purpose of this order is to establish a lawful system for the safe and efficient
storage and retrieval of items of evidentiary or other value that come into the
custody of this Office.

This system will maintain strict accountability for all property held as property
and evidence.

1-15.1 1
III. PROCEDURE

A. General Property Procedures - Prisoners

1. When an individual is placed into the custody of the sheriff's office, after
conducting a pat-down search for any weapon or item that could be
reasonably converted or used as a weapon, it shall be the responsibility of
the deputy who takes charge of the prisoner to bring the person directly to
the jail and be turned over to the custody of the correctional staff. The
prisoner property control is handled by the policies and procedures written
by the department of state for jails.

a. Any weapon or possible evidence, which, could be linked to a


crime, shall be turned over to the police department according to
the letter of understanding.

b. At the time of transportation from the Martinsville city jail to


another facility, items of property shall be placed into storage bags
and placed in the custody of the transporting officer. The property
will subsequently be turned over to the custody of the correctional
staff of the receiving facility.

B. General Property Procedures - Public

1. Persons entering Martinsville Courtrooms are scanned by the use of walk-


through metal detectors. Any item that is prohibited such as an item that
can be readily used as a weapon shall not be allowed to be brought into the
courtroom area.

2. Any prohibited property shall be disposed of by the owner of the property.

3. All Non-evidentiary property found by an employee of the sheriff’s office


an attempt is made to identify and notify the owner of such. If property is
returned to the owner a returned property form will be signed by the
owner of such property.

4. Property with exceptional value or sensitive shall relinquish to the


evidence property room of the Martinsville Police Department based upon
established letter of understanding.

C. Levies / Distress Warrants

1. Property coming into the possession of the sheriff's office as a result of


civil actions may be kept in secure storage until such time that the
judgement is satisfied. (payoff, sheriff's sale).

1-15.1 2
2. Large items such as machinery, motor vehicles, boats, etc. may be kept in
secure storage at the Police Department Impound Lot.

D. Evidentiary Items

1. Should items of evidentiary value come into possession of a Sheriff's


Office employee it shall be turned over to the Martinsville Police
Department’s evidence system. Each individual item will then be properly
packaged and labeled in accordance with guidelines established by the
Virginia Department of Criminal Justice Services/Division of Forensic
Science.

2. Any item of evidence coming into the possession of a sheriff's office


employee shall be relinquished to the control of the police department
evidence system prior to the conclusion of the shift or tour of duty.

Special note: The Martinsville Police Department shall conduct criminal


investigations and any subsequent seizure of evidence. Property and evidence
recovered under these circumstances shall be handled in accordance with established
policy of the police department.

E. Inspections/Audits and Maintenance of Records

1. All inspections (including unannounced) and audits for evidence are


maintained and controlled through the Martinsville Police Department
based upon established letter of understanding.

2. All other inspections for prisoner property are controlled through the
department of state policies and procedures for jails.

3. All procedures for releasing items of evidence from the property/evidence


room whether temporary release for court proceedings, evidentiary
evidence no longer of value, or for final release of such property will be
under the control of the Martinsville Police Department.

F. Authorized Access

1. The Martinsville Police Department maintains personnel authorized to


access the property/evidence room and documents any escorted entry
other than the assigned, authorized personnel assigned.

Any other procedures, documentations, or functions required of the property evidence


room will be entirely the sole responsibility of the Martinsville Police Department.

This policy supersedes all previous administrative directives.

1-15.1 3
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Promotions and Training Development POLICY NUMBER: 1-16

EFFECTIVE DATE: 6/20/07 Number of Pages 1-4


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 12/07/07, 12/19/08, 09/12/12, 1/1/13
Authorizing Authority: ________________________________
11/2/22
Sheriff

I. POLICY

The Martinsville City Sheriff’s Office and the citizens of Martinsville depend on
the performance of our employees. To that end, it is the policy of the Sheriff’s
Office to award advancement or promotion in a manner, which benefits this office
as well as the community at large. We must also increase the level of performance
and prestige of our employees and encourage them by providing incentives
throughout their careers. We must recognize that opportunities for advancement
are limited and that all employees may not be interested. The training
development process must stress actual job performance combined with
professional growth and development through training, education, or other
developmental activities.

II. PURPOSE

To establish the procedures for awarding promotions as they are available and
administering a training development program.

III. PROCEDURES

A. The Sheriff makes all final determinations concerning promotions. The


Sheriff may consult with his administration or other supervisors
concerning promotions but is not bound by recommendations or other
criteria.

B. The following criteria will be considered when awarding promotions. No


one area will necessarily be considered more highly than any other, rather
the totality of the candidates’ qualifications will be weighed against those
competing for the position.

1-16.1 1
1. Job performance
2. Job experience

3. Special skills, talents, awards, and experience

4. Education

5. Past disciplinary issues

6. Prior supervisory experience

C. The Sheriff will make a written announcement regarding upcoming


promotions. This is to allow eligible members an opportunity to express
their interest in being considered for the promotion.

D. Newly promoted members are on probationary status for one year.

1. Employees on probation will be closely observed. Members will


be warned promptly of unsatisfactory performance.

2. At any time prior to the end of the probationary period a member


may be demoted for unsatisfactory performance. Although no
disciplinary charge is required, nor is an appeal permitted, the
reason for the demotion will be clearly explained to the member.

3. At the end of the probationary period if a review of the member’s


performance is satisfactory, the promotion will be made
permanent.

E. The Sheriff will ensure that all elements concerning selection for promotions
are job related.

F. The Sheriff will ensure that any promoted member has the appropriate
experience to perform the duties of the new position. This is completely at the
discretion of the Sheriff.

1. Newly promoted employees will attend management training as soon


as possible following the award. Such training may be conducted
through the academy or another source if it is available.

1-16.1 2
*** As to the position of Chief Deputy, the Sheriff is not bound by
any of the above requirements and has the sole discretion in
regard to the appointment of a Chief Deputy.

G. Training Development Practices and Procedures

1. The primary goal of training development is to encourage the


improvement of the professionalism, personal skills, knowledge,
and abilities of all Sheriff’s Office personnel in order to
successfully meet the Office mission.

2. Although participation in training development is voluntary, all


employees shall be provided career development counseling and
guidance as part of their annual performance evaluation.

3. All personnel have equal access to training and development


opportunities. Special training and development opportunities will
be provided as needed providing they are available and can be
funded.

4. The aim of training development is to highlight specific


opportunities for individual growth at all levels and to improve
overall job satisfaction and performance. Training development
furthers professional growth and capabilities of employees in both
their present and future roles with the office. The training
development plan will be evaluated and updated as needed.

5. Participation in training development in no way guarantees future


advancement and/or promotion.

6. All employees who want to participate in becoming an instructor


through instructor school or any other specialized training school
and/or any specialty training class(es), will be required to serve as
an instructor or serve in the specialty function, at a minimum, for
3 years. All preexisting instructors who want to attend any
specialty training or specialize in a different field of training will
also be required to serve in this new capacity of training or
specialty function, at a minimum, for 3 years. An employee may
be responsible for costs associated with becoming an instructor if
the minimum requirements are not met. The Sheriff, or designee
may, at their discretion, waive all monetary costs associated with
becoming an instructor.

1-16.1 3
H. Developmental Training

1. All deputies are required to attend state mandated in-service


training as stated in R.R. 2-17.

2. Skill area training which assists in developing career specialties


and enhancing the overall potential of the employee is an essential
part of the training development process and will be provided
when available and feasible. The nature of the job and demands
placed on our deputies require that they be generalists and are able
to deal with a wide range of duties. However, each deputy is
encouraged to develop new areas of interest and specialization and,
in turn, be able to share these with other deputies not possessing
these skills. Developmental training will include but may not be
limited to advanced court services, instructor, communications,
computer, managerial and supervisory. The Sheriff’s Office
maintains an on- going inventory of all skills, knowledge and
abilities of each employee.

I. Exceptional Performance

1. The office recognizes its employees for exceptional performance


and will provide that information to the public periodically.

This policy supersedes all previous administrative directives.

1-16.1 4
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Goals and Objectives POLICY NUMBER: 1-17

EFFECTIVE DATE: 6/21/07 Number of Pages 1-3


REVIEWED ANNUALLY By Sheriff
REVISED DATE:
Authorizing Authority: ________________________________
Sheriff

POLICY

It is the policy of the Martinsville City Sheriff's Office to require the annual
submission of goals and objectives in accordance with the procedures established
herein.

It is the policy of the Martinsville City Sheriff's Office to involve personnel at all
levels of the organization in the preparation of objectives relating to their area of
responsibility.

II. PURPOSE

To establish the policies and procedures to guide the annual submission of goals
and objectives.

III. DEFINITIONS

A. Goal

The end toward which an organizational effort is directed.

B. Objective

An event or accomplishment that has been planned to bring the


organization toward a specified goal.

IV. THE PROCESS

A. Goals

1. The Sheriff will work with command personnel to enact and


modify goals for the office.

1-17.1 1
2. Goals will be reviewed annually by the Sheriff and command
personnel.

3. To enhance the safety of the community.

4. To earn the respect and support of the citizens of City of


Martinsville by serving them with honesty, integrity, pride and
professionalism.

5. To promote and maintain an innovative and efficient organization.

6. To maintain a qualified, diverse, and professional workforce that is


our most valuable resource in accomplishing our mission.

B. Objectives

1. The Professional Standards Officer will perform an annual review


of objectives. This will be done along with the goal review.

2. Command personnel will also provide input to the objective


review.

3. Objectives will be listed directly under their respective goal.

4. Maintain a secure detention facility that is safe for staff and


inmates.

5. Maintain secure court facilities.

6. Proficiently execute civil and criminal papers.

7. Maintain a professional and diverse organization that attracts and


retains highly qualified and dedicated employees.

8. Educate and inform citizens regarding Sheriff’s Office operations.

9. Provide community relations programs that are beneficial to the


community.

10. Streamline operations by automating systems and processes


whenever possible.

1-17.1 2
11. Improve operations through continual re-evaluation and
improvement of existing processes.

12. Provide competitive compensation, benefit and career development


programs for employees.

13. Provide new hire, in-service and specialized training through a


state certified criminal justice training academy.

C. All personnel are allowed and encouraged to provide input to the goal and
objective building process.

1. Personnel should submit ideas for goal and/or objective revisions


through their chain of command or directly to the Professional
Standards Officer.

2. Goals and objectives may be changed at any time.

V. CONCLUSION
The establishment of organizational goals and objectives is a process that serves
the interest of both the Sheriff's Office and community. For the Sheriff's Office, it
provides the opportunity for input into activities at all levels and areas of the
organization. The goals and objectives also provide a sense of direction to all
members in addition to highlighting areas of importance. From the standpoint of
the community, they provide information of a similar nature and, to an extent,
communicate an organizational philosophy as it relates to court service and
internal management areas. As such, annual reviews and revisions will serve to
ensure they remain current and a guide to future improvements.

This policy supersedes all previous administrative directives.

1-17.1 3
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Planning and Research NUMBER: 1-18

EFFECTIVE DATE: 6/21/07 Number of Pages 1-2


REVIEWED ANNUALLY By Sheriff
REVISED DATE:
Authorizing Authority: ________________________________
Sheriff

I. POLICY

It is the policy of the Martinsville City Sheriff’s Office to identify specific areas
of concern and for the Sheriff to appoint an individual responsible for gathering
data, analyzing data, and making appropriate recommendations to the Sheriff
regarding future operations of the office. Areas of concern may be identified by
the Sheriff, members of the office, or citizens.

II. PURPOSE

To provide a basis for administrative decisions which is based on data gathering


and analysis. The purpose of research and planning is to allow the Sheriff’s
Office to respond to an ever-changing jail and court services environment. This
function should allow response to those changes, obtaining necessary resources
(both personal and physical), training, and budgeting for future demand on the
office.

III. PROCEDURE

A. The Sheriff and Chief Deputy Sheriff are designated to supervise research
and planning.

B. For each research and planning project a specific problem or area of


concern will be identified.

1. Planning and Research Function

a. Organization of the planning and research function:

1. Acquisition of Funds

(a) Seeking sources of funding whether it be


from local, state, or federal resources for the
purpose of programs or equipment identified

1-18.1 1
as important to fulfilling the mission of the
Office.

(b) Some of the sources for funding could


include the City of Martinsville, Virginia
State Compensation Board, and federal
grants administered by DCJS.

2. Liaison with Other Agencies as it Pertains to Planning

The City Planning Office is a vital source of census


information and other up to date demographic statistics
while the Martinsville Police Department would be a
source for crime data and analysis. The Office of Homeland
Security provides important information as it pertains to
domestic and foreign terrorism which helps aid local law
enforcement in combating this ever-growing security
concern.

This policy supersedes all previous administrative directives.

1-18.1 2
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: PHYSICAL FITNESS POLICY NUMBER: 1-19.1
EFFECTIVE DATE: 6/29/07 Number of Pages 1-2
REVIEWED ANNUALLY By Sheriff Authorizing Authority: ________________________________
REVISED DATE: Sheriff

POLICY

Members of the Martinsville City Sheriff's Office are encouraged to take personal
responsibility for their physical health. Normal day to day activities will require
members to perform duties that are physically challenging. Extraordinary
circumstances may require that extremely stressful and rigorous tasks be
performed. Members must be prepared to meet the challenges that they may face
in the course of their duties.

II. PURPOSE

To establish policy concerning the physical fitness of Sheriff’s Office members.

III. PROCEDURES

A. Physical fitness is an individual responsibility. All Sheriff’s Office


members are encouraged to take it very seriously.

B. Members shall report immediately any injury or other change in health


that might affect their ability to perform their duties.

C. Members may be required to undergo a physical examination by a


licensed physician.

1. All members will be required to have a physical examination prior


to entering a basic academy training class unless excused under
current academy policy.

2. A member may be required to undergo a physical at the request of


the Sheriff. The reason for the request will be clearly explained to
the member.

1-19.1 1
3. Any physical examination required by the Sheriff’s Office will be
provided at no cost to the member.

D. The failure of a member to maintain an adequate level of physical fitness


may result in the member being reassigned or terminated.

1. An adequate/satisfactory level of general health and physical


fitness is defined as maintaining a level of fitness that will allow
each officer to perform their assigned duties in an effective and
efficient manner without undue fatigue and exhaustion.

2. Mandatory fitness programs are not required for department


employees. Employees are encouraged to involve themselves in
regular physical fitness activities which may assist them in
maintaining appropriate duty fitness levels.

This policy supersedes all previous administrative directives.

1-19.1 2
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Public Information POLICY NUMBER: 1-20.1
EFFECTIVE DATE: 6/21/07 Number of Pages 1-3
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 06/30/08, 1/26/13, 7/6/20
Authorizing Authority: ________________________________
Sheriff

I. POLICY

It shall be the policy of this office to keep the public informed of current events
and achievements within the Martinsville City Sheriff’s Office. The release of
information shall be governed by the mandates of the Code of Virginia as
described under the Freedom of Information Act. Additional guidelines as
contained within this directive shall also apply.

Inquiries from media representatives shall be directed to the Sheriff or designee


and/or the City Public Information Officer if necessary.

II. PURPOSE

The purpose of this directive is to provide the mechanism for dissemination of


information to the public and news media.

III. PROCEDURE

A. General

1. The Sheriff’s Office is committed to informing the


community and the news media of events within the public
domain that are handled by or involve the City of
Martinsville Sheriff’s Office.

2. The Sheriff, or designee, shall be designated as media


contacts for the office. All releases of information to the
public or news media shall proceed from these positions
alone.

1-20.1 1
3. Employees of the City of Martinsville Sheriff’s Office are not
authorized to make or provide releases of information
concerning any issue of incident, operation, activity, or
assignment as it pertains to the mission of the Sheriff’s
Office unless authorized to do so by the Sheriff.

B. Media and Freedom of Information Act (FOIA) Coordinator

1. The Sheriff, or designee shall be the media coordinator in


order to facilitate the efficient and timely flow of
information, if requested. In addition, the Sheriff, or
designee, and/or the City of Martinsville Attorney shall be
the office contact regarding third party requests for
information (i.e. Freedom of Information Act). As media
coordinator he shall be responsible for the following:

a. assists news media personnel in covering news stories


at any incident or within the courthouse or involving
Sheriff’s office personnel;

b. prepares and distributes news releases;

c. arranges and assists at news conferences;

d. is available for on-call responses to the news media.

e. Coordinates the release of all information as it pertains


to the Sheriff’s Office.

2. The Sheriff retains the option to utilize the services of the


City of Martinsville Attorney should conditions warrant.

3. During occurrences that involve multiple service agencies,


the media coordinator shall represent the Martinsville
Sheriff’s Office. The release of information shall be
governed by the nature of the occurrence/event in compliance
with the mandates of the Code of Virginia.

1-20.1 2
C. Media Access

1. The Code of Virginia stipulates that news and media


representatives shall be accorded access within reasonable
limits from which to cover news events such as crime scene
perimeters, fires, natural disasters and other catastrophic
events. The Martinsville Sheriff’s Office will operate by the
letter of understanding between the Police Chief and the
Sheriff for the City of Martinsville, which grants the
Martinsville Police Department responsible to facilitate this
accommodation as reasonably practicable in accord with
established law.

D. Handling Requests for Documentation, Records, Etc.

The Code of Virginia prescribes guidelines for employees


regarding time limits for providing information, calculation of
charges for information provided and circumstances under
which information may be withheld. The Sheriff’s Office shall
explicitly abide under these regulations identified as the
Virginia Freedom of Information Act.

This policy supersedes all previous administrative directives.

1-20.1 3
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: VIP SECURITY & SPECIAL EVENTS POLICY NUMBER: 1-21.1
EFFECTIVE DATE: 6/22/07 Number of Pages 1-4
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 09/18/12
Authorizing Authority: ________________________________
Sheriff

POLICY

It shall be the policy of this office to afford adequate security and


assistance to dignitaries and special events when requested and in
doing so to cooperate and coordinate such efforts with any other
agencies involved.

II. PURPOSE

To establish guidelines for the provision of security for visiting


dignitaries or special events within the jurisdiction of the
Martinsville City Sheriff’s Office.

III. PROCEDURE

A. Notification of requests for dignitary or special event security shall be


forwarded to the designated administrative officer with information
including the dates, times, and specific locations where said security shall
be needed.

1. Direct supervision of the security detail shall be the responsibility


of the designated officer.

2. All requests for VIP or special event security must be approved by


the designated administrative officer.

B. Determination of personnel assigned to a security detail shall be the


responsibility of the designated officer, who may request personnel as
deems necessary for the specific detail.

1. Temporary reassignment of on-duty personnel for the security


detail shall be coordinated and supervised by the designated
officer.

1-21.1 1
2. Off-duty personnel utilized for a security detail shall be
compensated, unless otherwise arranged under the provisions of
the City of Martinsville’s overtime compensation policy, with the
approval of the Sheriff.

3. Any specialized equipment, transportation or identification


designations shall be disseminated under the supervision of the
designated administrative officer.

C. The designee shall be responsible for coordinating security operations


within the office and with any outside agencies involved. This should
include:

1. Gathering intelligence information pertinent to the operation.


2. Planning and reconnaissance travel routes, and alternates.
3. Advance inspection of sites and facilities to be visited by the
dignitaries.
4. Notification and identification of emergency rescue, fire and
medical facilities that may be needed.
5. Coordination with dispatch as to any special communications
procedures that may be necessary.
6. Identifying public or other places were VIP could be taken in case
of emergency.

D. Basic Protection Principles


1. All personnel on duty during a VIP visit should be made aware of
the visit, general visit itinerary, and security plans. Exact timing
and precise security details may be restricted on a need-to-know
basis.
2. Security will generally be tightest when the VIP is moving either
on foot or in a vehicle or when stationary during a public
appearance. In general, it may also be necessary to protect the
VIP's residence location and any parked vehicles. When traveling
by car, there usually should be an advance vehicle, VIP vehicle,
and a follow car, and the three vehicles should not usually be
separated.
3. Personal security and bodyguard procedures should minimize the
impact on the lifestyle of the VIP. Protection may be planned on a
double ring concept, with the outer ring of security designed to
limit access to the VIP while the inner ring prevents personal
contact.
4. In the event of an emergency, the responsibility of personal
security is to protect and remove the VIP from the scene, and not

1-21.1 2
to assist other security officers in quelling disturbances or
apprehending perpetrators.

5. Sheriff’s personnel assigned to security duties must be carefully


selected for physical fitness, good hearing and vision, and all
should have the same type weapon, ammunition, handcuffs,
communications equipment, and security identifier.

a. Information as to who will be included in the VIP Group,


vehicles to be used, usual security arrangements, security
equipment and identification devices, names of contact
personnel, security personnel and license numbers

6. Close-in security personnel should remain near the VIP. The VIP
should never be actually touched except as an emergency signal of
impending danger, and the VIP should not be "crowded". Radio
traffic should be limited with no direct references to times or
places unless part of essential emergency traffic. During times
when the VIP is stationary, security personnel should focus all
attention outward to spot potential trouble.
7. Dress of security personnel will be consistent with the event, either
appropriate civilian attire or uniform.
8. Deputies assigned to stationary posts will not leave those posts;
commanders must plan adequate reliefs. While on a post,
unauthorized intrusions and deliveries will not be allowed.
Deputies should be polite with the public but not allow any
distracting conversations or release any confidential information.
9. During any VIP foot movement, the security/ bodyguards form a
protective formation around the VIP, the exact shape determined
by the number of personnel assigned and the route followed. For
tight security, four persons are used: right front and rear, and left
front and rear, with the VIP in the middle. In case of emergency,
the four will collapse around the VIP, and will bend the VIP over
to reduce target size and then immediately remove him from the
area. If an assailant is close by, any weapon will be attacked and
the suspect smothered to the ground by other security personnel.

1-21.1 3
E. After-action Report

After the security detail has been terminated, and problems existed the
security team coordinator will submit an After-action Report to the
Sheriff describing the activities, resources utilized, problems noted,
and suggesting any recommendations for future assignments.

This policy supersedes all previous administrative directives.

1-21.1 4
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: COMPUTER AND WIRELESS POLICY NUMBER: 1-23.1
COMMUNICATIONS
EFFECTIVE DATE: 6/22/07 Number of Pages 1-4
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 11/14/07, 4/1/13
Authorizing Authority: ________________________________
Sheriff

I. POLICY

The Martinsville City Sheriff’s Office endorses and supports all city policies and
procedures regarding computer use and security. The Office further supports all
applicable state and federal copyright laws and the license agreements of software
manufacturers. In addition, the Office requires that wireless communications
devices be operated and controlled in specific fashion.

I. PURPOSE

To establish policies and procedures regarding the purchase, use, maintenance,


and inspection of Sheriff’s Office and City computer hardware, software and
wireless communication devices.

II. PROCEDURES

A. All Sheriff’s Office personnel have access to the Sheriff’s Information


System. This is accomplished through the utilization of an assigned
“USER ID” and a user-defined password.

B. While using the Records Management System, all personnel will adhere to
the following policies and procedures:

1. Under no circumstances will any member of this Office give their


password to anyone else or allow anyone else to log on to the
system without supervisory permission.

2. Personnel must log off the system at the end of their tour of duty.

3. In the case of a forgotten, lost or compromised password, the


systems administrator must be notified. The systems administrator
will then issue a new or reset the password that the user must
immediately change to a user-defined password at their next login.

1-23.1 1
4. Sheriff’s Office members will not attempt to gain access to
Records Management options that they are not authorized to
perform.

5. At no time will members of this Office make any changes to


Records Management System terminal configuration
information, physically move a terminal, or connect a new
terminal without prior approval from the Sheriff.

III. CITY NETWORK SERVER

Martinsville City maintains a network server that expands the use of personal
computers used by the Sheriff’s Office. This enables users of personal computers
to communicate through electronic mail, access the World Wide Web through the
Internet, and utilize additional files for data storage and retrieval.

Prior to an employee using personal computers and being assigned a City Internet
E-Mail address the employee must acknowledge that they have read, understand,
and will comply with the City of Martinsville Computer/Information Systems
Policy.

A. Electronic Mail (e-mail)

1. E-mail on the city network server is not private and will typically
constitute a public record under the Virginia Freedom of
Information Act.

2. E-mail messages should be for the purpose of conducting Sheriff’s


Office business or communicating with outside resources.

3. Inappropriate e-mail messages may cause an employee to be


subject to discipline.

4. E-mail messages that are received should be deleted after it has


served its purpose. E-mail messages that are needed for further use
should be moved to a secure location on the hard drive.

5. E-mail messages that contain programs that will execute in


memory (example filename.exe) will not be opened and executed
on Sheriff’s Office computers without prior permission in writing
from the systems administrator. Such files may carry viruses
capable of causing damage to computer hardware and software.

1-23.1 2
B. World Wide Web (Internet)

1. The use of the city network server to access the Internet must
support the organizational objectives of this Office.

2. Sheriff’s Office members who access the Internet must abide by


copyright, contract, and other local, state, and federal laws, as well
as city policies.

3. Sheriff’s Office personnel shall not use city computers to “browse”


any sites containing pornographic material.

4. At no time, will programs that will execute in memory be


downloaded from the Internet or any other online source, without
prior permission in writing from the systems administrator.

5. No PC which has internet connectivity shall have VCIN/NCIC


access.

IV. PERSONAL COMPUTER USE: (Desktop and Laptop)

A. All personnel will be trained on the proper operation of the personal


computer and related software.

B. Sheriff’s Office members shall understand and comply with copyright


laws and specific license agreements of all city software which they use
and which they have access.

C. Maintenance, hardware enhancements, and software are the responsibility


of the systems administrator. At no time, will personnel install or remove
computer hardware or software without the approval of the systems
administrator.

D. Under no circumstances will personnel give or sell a copy of city software


to another person.

E. At all times, Sheriff’s Office computers will be available for maintenance


and inspection purposes. Passwords and changes will be kept on file with
the systems administrator.

1-23.1 3
V. WIRELESS COMMUNICATIONS

Definition: Wireless Communications refer to all devices that transmit voice, data,
or signals via radio signal. These devices include Telephone, Computers, Pagers,
and Radio transmitters.

A. Radio: Police radio transmitters shall be used in the manner prescribed by


communication guidelines.

B. Pagers:Pagers issued to members of the Sheriff’s Office shall be used for


law enforcement purposes only.

C. Office Cellular Phones: Cellular telephones are issued to carry out the
mission of the Sheriff’s Office and are not personal telephones. Personal
telephone calls, except from immediate family, shall not be received on
these phones. Deputies shall not provide the telephone number of these
phones to any person except in the course of business.

D. Personal Cellular Telephones: Deputies who have personal cellular phones


may utilize their phones for personal calls from immediate family and or
personal business while on duty.

E. Wireless Computers: Some of the Sheriff’s vehicles are equipped with


computer terminals and shall comply with sections IV and V above.

II. SAFETY PRECAUTIONS

Cell phones may be used while operating a vehicle in a safe manner and not to
be used if it prevents the driver from keeping focused and loss of
concentration of the road. No computers/data terminals shall be used while
the vehicle is in motion. The only exception is in an emergency situation the
radio and cellular phone may be used for that emergency purpose.

This policy supersedes all previous administrative directives.

1-23.1 4
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Community Relations POLICY NUMBER: 1-24.1

EFFECTIVE DATE: 6/21/07 Number of Pages 1-2


REVIEWED ANNUALLY By Sheriff
REVISED DATE: 11/13/07, 03/25/13
Authorizing Authority: ________________________________
Sheriff

POLICY

It is the policy of the Martinsville City Sheriff’s Office to be proactive as it


pertains to community relations and service to the citizens. Although crime
prevention programs are the responsibility of the Martinsville Police
Department, court services, and jail services personnel are encouraged to provide
crime prevention recommendations in their daily contact with citizens and to
accept the responsibility of the Sheriff’s Office community relation’s objectives.
The office will establish and maintain working relationships with community
organizations and other community groups. The Sheriff will be responsible for
coordinating all Sheriff’s Office community relations policies and objectives.

II. PURPOSE

The purpose of this order is to establish the Community Relations function of the
Martinsville City Sheriff’s Office and to provide for its maintenance.

III. PROCEDURE

A. Although all personnel share the community relations objectives, this function
will be the primary responsibility of the Sheriff.

1. Liaison with formal community organizations and other community


groups will be formed under the direction of the Sheriff. These include:

a. Presentations by members to various community groups such as


Citizens Police Academy;

b. The dissemination of current crime prevention information to the


general public through the appropriate media such as the Sheriff’s
Office web site.

1-24.1 1
c. Involvement in special events such as After-Prom and other
worthwhile endeavors.

2. All members are responsible for achieving the agency’s community


relations objectives.

a. Every contact with a citizen is an opportunity for improving


community relations.
b. Further, all members should be aware of opportunities to gather
citizen input on Sheriff’s Office policies, practices, and procedures
through group activities, complaints, and inquiries, and forward
that input through the chain of command.
c. The Sheriff will address citizen concerns continually on an
individual basis as they develop.

3. The Sheriff will develop the Community Relations policy as a whole.

B. Annually, the Sheriff shall prepare a report on the activities concerning


Community Relations that may include the following:

1. Concerns voiced by the community;

2. Potential problems that have a bearing on court services activities;

3. Recommend actions that address previously identified concerns and


problems;

4. Opportunities to further community relations.

5. Agency Statistics and Activities.

This policy supersedes all previous administrative directives.

1-24.1 2
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Auxiliary Program POLICY NUMBER: 1-24.2

EFFECTIVE DATE: 04/11/11 Number of Pages 1-3


REVIEWED ANNUALLY By Sheriff
REVISED DATE: 9/14/12
Authorizing Authority: ________________________________
Sheriff

POLICY

It is the policy of the Martinsville Sheriff’s Office that an Auxiliary Deputy Program
is established and members of this auxiliary force shall be utilized to assist the
Sheriff’s Office in the accomplishment of its goals and objectives.

PURPOSE

To outline the Sheriff's Office qualifications, functions and responsibilities of


Auxiliary Deputies.

DEFINITIONS

A. Auxiliary Deputy

Is a volunteer position that is appointed by the Sheriff as a sworn deputy.


This is a temporary position performed with no pay for eighty (80) or
fewer hours in a calendar year. Auxiliary volunteers are subject to having
their appointment revoked at anytime by the Sheriff’s discretion.

B. Auxiliary Deputies shall:

1. Have all the powers, authority and all the immunities of full-time-law-
enforcement officers. Meet the training requirements established by the
Department of Criminal Justice Services under Code of Virginia,
however, auxiliary volunteers/deputies will work within close
proximity of full-time law enforcement personnel, and shall obey all
their commands.

2. Not exercise their authority unless the situation is an extreme


emergency and whenever possible, shall call on full-time law
enforcement personnel or other law enforcement agency to handle the
situation.

1-24.2 1
3. Obey all Sheriff’s Office policies, procedures, general orders, rules,
regulations and all State and County laws.

4. Not initiate any traffic stops, not to engage in any pursuits or any other
activity other than what is listed below in IV procedures bullet (a)
while operating a department motorcycle.

5. Not wear their uniform or ride with other law enforcement agencies.

6. Not engage in or contract any part-time employment, unless authorized


by the Sheriff.

C. Auxiliary Deputy assignments will be coordinated and scheduled


according to the level of training achieved by the deputy.

D. All complaints concerning Auxiliary Deputies shall be referred to the


Sheriff for appropriate investigation and action. Discipline may include,
but not be limited to, oral reprimand, written reprimand, suspension or
revocation of appointment.

IV. PROCEDURES

A. Primary function:

The primary function of the Auxiliary Deputy is to assist the Sheriff’s


Office during times when a manpower shortage exists to work special
events. This is a volunteer position and is not to be subject to any salary.
The functions that may require this service include, but are not limited to:
public service, such as motorized races, holiday/parade and motorcycle
fundraisers events, escorts etc. within these events traffic enforcement,
traffic directing and crowd control may become necessary.

B. Training:

Auxiliary Deputies are required to complete the following minimum


training:

1. Non-compensated auxiliary deputy sheriff’s who carries a firearm


in the course of employment shall be required to have completed
basic firearms training and received ongoing in-service firearms
training, as defined by the DCJS Board.

2. Successfully complete training in all tasks, which, they will be


authorized to perform prior to performing the task.

1-24.2 2
3. As mandated by the Sheriff, Auxiliary Deputies are required to
attend in-service Motor-Officer training annually. Motor-Officer
training includes; Motorcycle maneuvers and handling, crowd
control, traffic enforcement and escorts. All training received will
be recorded in training records and maintained.

C. Uniforms:

Uniforms and equipment will be issued to Auxiliary Deputies, as needed,


at the discretion of the Sheriff.

This policy supersedes all previous administrative directives.

1-24.2 3
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: LINE OF DUTY DEATH OR INJURY POLICY NUMBER: 1-25
EFFECTIVE DATE: 6/21/07 Number of Pages 1-6
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 11/13/07, 12/19/08, 12/13/11
Authorizing Authority: ________________________________
Sheriff

POLICY

It is the policy of the Martinsville City Sheriff’s Office to assume the


responsibility to train deputies during the hiring process and annually under
policy review to provide aid and assistance to the immediate survivors of a deputy
who dies in the line of duty. We will provide the amount of assistance that is
appropriate or desired by the family according to the Code of Virginia.

II. PURPOSE

This policy is designed to prepare this agency for the event of a deputy’s
death in the line of duty and to direct the Office in providing proper
support for the deceased deputy’s family.

III. DEFINITIONS

A. Line-of-Duty Death: Any action, felonious or accidental (auto


accidents, hit by vehicle, training accidents, etc.) while on duty. The
Sheriff may put certain parts of this directive into effect in cases of
natural or the accidental death of an office employee.

B. Survivors: Immediate family members of the deceased deputy to


include spouse, children, parents, siblings, fiancée and/or
significant others.

IV. PROCEDURES

A. Death or Serious Injury Notification – This procedure is followed in


cases of critically injured deputies with poor prognosis or
immediate line of duty death.

1. The Sheriff will be notified immediately.

1-25 1
2. The Sheriff will, upon notification, make the
notification in person.

3. If the opportunity to get the family to the hospital


prior to the death of the deputy presents itself, the
family will be taken immediately.

4. If the family wants to go to the hospital, they may be


transported via a Sheriff’s Office vehicle. If the
family insists on driving their own vehicle, the Sheriff
should accompany them in the family vehicle.

5. Office employees should be aware that in the event of


an on-duty-death, the monitoring of the radio
frequencies by the news media will be extensive.
Communications regarding notifications should be
restricted to the telephone wherever possible. The
name of the deceased deputy will not be released to
the media before immediate survivors living in the
area are notified. If the media already has the deputy’s
name, they will be requested to withhold broadcasting
it, pending notifications of the next-of-kin.

6. Any notification of immediate survivors beyond the


Martinsville area should be made by the local law
enforcement agency in that area, unless the family
wishes to do it themselves. The Sheriff obtains the
names of relatives to contact from the immediate
survivors and either by phone or teletype requests a
personal death notification by the appropriate
jurisdiction.

B. Assisting the Family at the Hospital

1. The Sheriff or Senior Deputy at the hospital is


responsible for coordinating the arrival of immediate
survivors, police officials, the press, and others.
These responsibilities include:

a. Arrangements with hospital personnel for


appropriate waiting facilities. There should be
segregated areas reserved for: Immediate
survivors, the Sheriff and others as requested by
immediate survivors. A separate area or room for
fellow deputies and friends and a press staging
area if needed.

1-25 2
b. Ensuring that medical personnel relate pertinent
information on the deputy’s condition to family
first.

c. Notifying the appropriate hospital personnel that


all billing for medical services will be directed to
the City of Martinsville.

d. Arrange transportation for the immediate


survivors and others from the hospital back to
their residence.

e. If it is possible for the family to visit the critically


injured deputy prior to death, depending on
hospital policy, they should be afforded that
opportunity.

C. Funeral/Office Liaison

1. Works closely with the family to ensure the needs


and requests of the family are fulfilled regarding
funeral arrangements.

2. Directs the funeral activities of the Office and


visiting Sheriff’s Office, according to the wishes of
the family.

3. Within 24 hours, the liaison will make appropriate


referrals under the Employee Assistance Program for
deputies close to the incident and referrals for the
surviving family if they wish.

4. The Office Liaison is also responsible for:

f. Working with the Sheriff for overnight


arrangements for travel and lodging for the
out-of-town family members.

g. Expedient provisions for all office resources.

h. A comprehensive survey of alternate churches and


reception halls with seating capacities large enough
to accommodate attendance of a law enforcement
funeral. This information is given to the family as
soon as possible to help them decide a location.

1-25 3
d. Coordinating all official law enforcement notifications
and arrangements to the Chief Deputy for a law
enforcement funeral, including honor guards, pall
bearers, traffic control, and liaison with visiting law
enforcement agencies.

D. Family Support Advocate

1. The liaison acts as the family support advocate.

a. Being constantly available to the family throughout the


funeral.

b. Meeting with the family and funeral director regarding


funeral arrangements.

c. Liaison working with the Sheriff relaying all available


information to the surviving family concerning the
circumstances of death and any continuing investigation.
The Sheriff should coordinate with investigating officers
and prosecutors to ensure that the family receives as much
information as possible the first few days, if the death
resulted from criminal activity.

E. Benefits Coordinator

1. The Sheriff acts as Benefits Coordinator.

a. Filing worker’s compensation claims and related


paperwork.

b. Gathering information on all benefits/funeral payments


available to the family, including the Public Safety
Officers’ Benefits Act provided by the Justice Department.

c. Preparing a printout or other documentation of the


benefits/funeral payments due the family, listing named
beneficiaries, contacts at various benefits offices, and when
they can expect to receive the benefits, and coordinate with
Human Resources and/or Risk Management.

d. Filing all benefit related paperwork and following through


with the family to ensure that these benefits are being
received.

1-25 4
e. Visiting with the surviving family within a few days
following the funeral to discuss benefits. The prepared
printout and other documentation should be made available
to the family at that time.
If there are surviving children from a former marriage, the
guardian of those children should also receive a printout of
what benefits the children will be receiving.

F. Long Term Liaison

1. The Sheriff continues to act as a long term liaison with the


surviving family. The Sheriff will work closely with the Victim
Witness Coordinator in the Commonwealth Attorney’s Office on
the following:

a. Constant contact with the surviving family to keep them


abreast of any criminal proceedings;

b. Accompany the surviving family to any criminal


proceedings;

c. Cooperation with outside peer groups;

d. Encouraging others to make visits or help with family


needs of the surviving family.

2. Survivors should continue to feel a part of the “law enforcement


family” for which the deputy gave his/her life. The Sheriff should
keep in touch with the family with least monthly phone calls
through the first year.

3. The Sheriff and others ensure that the anniversary date of the
deputy’s death is observed with a note to the family and/or flowers
sent to the grave.

1-25 5
The Sheriff will work with community groups and government leaders
toward the establishment of any appropriate memorial, plaques or
memorabilia and consults the immediate surviving family members
concerning any presentations.

This policy supersedes all previous administrative directives.

1-25 6
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Salary and Benefits POLICY NUMBER: 1-26
EFFECTIVE DATE: 06/05/07 Number of Pages 1-21
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 07/06/08, 06/22/09, 10/08/09, 03/23/10,
Authorizing Authority: ________________________________
4/1/13, 9/26/14, 2/15/17, 9/1/19, 10/8/20
Sheriff

POLICY

It is the policy of the Martinsville City Sheriff’s Office to see that members of the office
are compensated fairly for the duties they perform.

PURPOSE

To outline the salary and benefits for members of the Martinsville City Sheriff’s Office.

PROCEDURES:

A. Salary Determination for New Appointees:

1. New appointees without prior court services or jail services related


experience will be appointed at the entry level salary range for that position.
The entry-level salary range is the current salary level approved by the
Virginia Compensation Board for deputy sheriffs.

2. New appointees who have received basic Jailor/Court Security


training recognized as comparable to that required by the Commonwealth of
Virginia minimum training standards and who have up to three years of
prior related experience may be appointed at a grade above the entry level
salary range upon the recommendation of the Sheriff and approval of the
Virginia Compensation Board.

B. Benefits:

1. The city employee benefits provisions are set forth in the City of
Martinsville Employee Handbook. (Copy is available in the Sheriff’s
Office)

2. Salary differential within and between ranks and for those with special skills
is determined by the City of Martinsville. Normally, when an employee is
promoted from one grade to another, a pay increase is included.

1-26 1
3. Officer time reporting compensatory/overtime:

It is hereby established that a daily report of officer’s work hours will be


filled out daily by each officer’s immediate supervisor. This report is to
reflect hours worked and any compensatory/overtime incurred by that
officer, and an explanation of that overtime during their work cycle. This
daily report is to also reflect any time off by the officer on a regularly
scheduled day of work (ex. Compensatory time off, holiday, vacation, sick
leave, etc.).

4. When it is mandatory for an employee to report for training, meetings etc.


the actual time worked shall be reported. Employees that are called in to
work and after arrival unpredictable circumstances occur and the employee
is not needed, request shall be made to an administrative officer for approval
to add two additional hours to their time sheet.

C. Work cycle:

1. Correctional officers, and work cycles will consist of 28 days in a cycle.

a. Non-law enforcement type officers (ex. Secretaries), court officers,


civil process and administrative officers work cycle will consist of 7
days in a cycle.

D. Procedures:

1. It is hereby established that any compensatory time incurred by an officer


correctional will be taken off within this 28-day cycle on an hour for hour
basis this is in lieu of the mandatory 8 hours off. If at the end of the 28-day
cycle any overtime remains it will be figured on a 1.5 basis (time and one
half).

a. It is hereby established that any compensatory time incurred by all


others that are non-exempt will be taken off on hour for hour basis
within their 7-day cycle. If at the end of this 7-day cycle any
overtime remains it will be figured on a 1.5 basis (time and one half).

b. Any compensatory time carried over from one cycle to another


should be taken off during that work cycle, if at all possible.

c. It shall be the responsibility of each supervisor to see that


compensatory time incurred by officers under their supervision is
taken according to the above policies, and the accumulation of
overtime is kept to a minimum and not to exceed 40 hours if
possible.

1-26 2
d. Any officer who accumulates enough compensatory time to equal
the amount of time that they are scheduled to work (ex. 8 hrs or 12
hrs), the office will make every effort to allow the officer to take a
regularly scheduled day off, and be given the entire day off in order
to dispose of any accumulated overtime.

E. Compensatory time:

1. No one reporting to work for regular duty will be required to take


compensatory time off after reporting for their normal shift.

2. Compensatory time may be taken off at the discretion for the employee if
the workload allows, but overtime days may be assigned to be taken off by
the Sheriff, Major, or officer in charge.

F. Reporting Times:

Jail personnel (shifts) 6:45am- 6:45pm day/night shift


Jail personnel (office) 8:30am - 5:00pm
Jail personnel (admin) 8:30am - 5:00pm
Jail personnel (transportation) as designated by posted schedule
(control room)
Court personnel (Juvenile Ct.) 8:30am - 5:00pm
(Circuit Ct.) 8:30am - 5:00pm
(Gen. Dist. Ct) 8:30am - 5:00pm
Court Services (Civil Process) 8:30am - 5:00pm
Sheriff’s Office personnel 8:30am - 5:00pm

G. Inclement weather:

1. In the event of inclement weather (snow) you are required to report to work
on a normal schedule. This includes all support personnel, as well s
correctional officers and Court Security officers. If it is impossible for you
to report to work, working overtime will make up the time that is missed or
using overtime that is already accumulated. A holiday or vacation day may
also be substituted for the time that is missed.

2. Some duties of the office may be affected but work is not cancelled. The
following procedures are provided to give general instruction under
inclement weather conditions.

a. City Court closings: bailiffs that have them during these days may
wear BDU apparel.

1-26 3
H. Unusual circumstances due to inclement weather:

1. If all courts have been cancelled, all part-time metal detection positions
will take the day off. The full time will cover that post.

a. Metal detection coverage must be coordinated with all full-time


bailiffs before any are excused for the day, unless the
administration building is closed.

b. Each employee must report by phone to your supervisor of the


situation.

c. All circumstances are different and will be discussed by


administration on how they will be handled.

d. Compensatory time or vacation will be taken for every hour missed.

e. If your normal work assignments are changed because of the


inclement weather, you will report to the Sheriff’s Office for
possible reassignment.

f. Civilian personnel should listen for news broadcast and be allowed


to follow the same schedule as the Circuit Court clerk’s office.

g. Court services personnel that can report to work may be assigned to


other areas as needed if the courts are closed and papers are unable
to be served.

h. In the event of a natural disaster (floods, tornados, hurricanes, etc.)


officers will be subject to call-in to assist and support other city
agencies as needed.

i. In the event that the courthouse is closed a partial day due to


inclement weather or other reasons, personnel who work in offices
affected by the closing will be deducted hour for hour the amount of
time they do not work in accordance with the Fair Labor Standards
Act for non-exempt personnel. Non-exempt personnel are those
which receive compensation for overtime.

j. Civilian/Secretarial personnel should listen for news broadcast and


be allowed to follow the same schedule as the Circuit Court clerk’s
office.

1.) Administrative leave may be assigned by the Sheriff or an


administrative officer to a member during an
administrative investigation or the investigation of criminal
allegations against a member. Administrative leave may be
with or without pay at the discretion of the Sheriff.

1-26 4
I. ANNUAL LEAVE:

1. Terms of annual leave: J. Sick Leave

Years of Service Rate of Accrual Max Accumulation

0-4 8 hours per month 240 hours


5-9 10 hours per month 240 hours
10- 14 12 hours per month 240 hours
15 - 19 14 hours per month 240 hours
20 or more 16 hours per month 240 hours

2. January 1 of each year employees may request for their desired annual
leave. Annual leave shall be scheduled by seniority of employees were there
is a conflict in days submitted. If not requested by April 15 each year, leave
will be given on a first come basis, regardless of seniority of an employee.

a. All requests for annual leave must be approved by the


supervisor assigned to scheduling vacations.

1.) All annual leave shall be granted at the discretion of the


supervisor scheduling vacations and shall be scheduled so as to
have a minimum effect on operating requirements and in so far
as possible with the request of the employee, except in
emergency situations; such as sickness, injury, or disability.

2.) When an employee leaves the department for another VRS job,
they will receive equivalent pay to the number of days’ vacation,
and/or holiday, and comp. time (in accumulation) that they have
left based on an eight (8) hour work day; in accordance with the
city’s guidelines.

3.) When an employee leaves the department and does not go to a


VRS job, the employees accrued vacation, holiday, and comp.
time hours (in accumulation) will not be paid out in accordance
with the city’s guidelines. The employee will continue to draw a
monthly check until all allowed accrued time is exhausted.

4.) Although annual leave is an employee benefit, it should be


scheduled so the ongoing work effort is not disrupted. As a
result, all requests for annual leave must be approved in advance
by the employee’s immediate supervisor and in accordance with
established departmental requirements.

5.) No advanced annual leave may be used in excess of that leave


which will be earned through the end of the calendar year.

b. Calculation of annual leave for new employees is as follows:

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1.) All annual leave time is added monthly to the employee’s
electronic file.

2.) Additional time earned is based on the length of years served


(See I. Annual Leave, bullet 1.) above.

J. SICK LEAVE:

1. Regular and introductory full-time employees earn sick leave based on their
length of continuous service. Sick leave is a privilege and is provided to
help protect an employee against loss of salary and employment when injury
or sickness makes it impossible for the employee to work and should only
be used when necessary. Abuse of sick leave is considered grounds for
counseling and/or discipline.

a. Terms of annual leave:


Years of Service Rate of Accrual Maximum Accumulation

0-4 8 hours per month 1,000 hours


5-9 8 hours per month 1.000 hours
10-14 8 hours per month 1,000 hours
15-19 8 hours per month 1,000 hours
20 or more 16 hours per month 1,000 hours

b. Whenever possible, the employee must notify their immediate


supervisor of the need to take sick leave prior to such leave being
taken. Notification is required prior to the employees scheduled
arrival time. The employee must state the reason for the absence.
Failure to notify the supervisor of an absence, except in an
emergency situation, is considered grounds for discipline up to and
including termination. Sick leave may be taken for the following
reasons:

c. Sick leave may be used to cover any absence from work because of a
personal illness or injury, or physical incapacity (other than occurred
in the line of duty) that prevents the employee from performing
his/her job or exposure to contagious disease, when the employee’s
presence on duty would jeopardize the health of fellow workers or
the public.
1.) A supervisor may require a certificate from the employee’s
physician stating the nature of the employee’s illness and
his/her capacity to resume assigned duties. At the discretion
of the Sheriff, the employee may be required to submit to a
medical examination or inquiry. Immediate family is defined
as parents (including stepparents), spouse, children
(including stepchildren and foster children), brother or sister,
and any relative living in the employee’s household that the

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employee is contributing to the primary support of that
relative or “other” person as defined by IRS regulations. If,
upon investigation, the supervisor does not consider the
circumstances warrant such absence, the employee will be
required to charge the absence to annual leave or leave
without pay.

*NOTE: Upon termination of employment, any balance of


unused sick leave will be automatically cancelled
without monetary compensation.

K. HOLIDAY EARNING RATE:

1. New Year’s Day - January 1


M.L. King Day – 3rd Monday in January
Washington’s Birthday - 3rd Monday in February
Memorial Day - 4th Monday
Juneteenth Day – June 19th
Independence Day - July 4th
Labor Day - 1st Monday in September
Columbus Day- October
Election Day – 1st Tuesday in November
Veterans Day - November 11
Thanksgiving Day - 4th Thursday
Day after Thanksgiving - 4th Friday
Christmas Eve - December 24th
Christmas Day – December 25th

a. When authorized by the Sheriff, other holidays or additional time off


may be given. A declared holiday is defined as 8 hours.

b. For employees who work 12-hour shifts, holiday hours will be


credited during the pay cycle in which the holiday falls. 8-hour
employees who work more than the normal schedule of hours in a
week which a holiday falls will be given the unused holiday hours to
be used at a later time.

L. COMPENSATORY RATE OF EARNING:

1. All non-exempt employees are subject to the provisions of the Fair Labor
Standards Act. When non-exempt employees must work overtime, the Fair
Labor Standards Act allows the City Sheriff to compensate employees with

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"compensatory time" off. It is the practice of the Sheriff to pay for overtime
hours with "compensatory time" off.

a. The Fair Labor Standards Act does not limit the number of hours
that an employee may work. It simply requires that compensatory
time off from work will be given in lieu of overtime at a rate of not
less than one and one-half hours for each hour of employment, for a
non-exempt employee, for each hour worked in excess of the
maximum hours required. For 8-hour shifts hours must exceed 40
hours worked in one week. For 12-hour shifts hours must exceed
160 in the 28-day cycle.

b. The employee is responsible to work with their immediate supervisor


to manage and maintain holiday and compensatory time to a
minimum and to see that at the end of the annual recording period,
the maximum carryover limit of 40 hours each is not exceeded.

M. BEREAVEMENT LEAVE:

1. When there is a death in the immediate family, full-time introductory and


regular employees are allowed a leave of absence with pay in order to attend
the funeral or memorial service of an immediate family member, to
experience the initial grieving process, and to take care of personal business
specifically related to the death in the family. Bereavement leave will be
granted for a period not to exceed four (4) working days. The leave is not
automatic and should not be requested or granted unless used as intended.
Bereavement leave does not accumulate from year to year and must be
approved by the immediate supervisor.

Immediate family is defined as spouse, child, stepchild, foster child, parent,


stepparent, foster parent, brother, sister, brother-in-law, sister-in-law,
mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent,
grandchild, uncle, aunt, nephew, and niece.

a. Each employee’s experience with the loss of a family member will


be different. Therefore, it is not possible to dictate the exact amount
of time that should be granted as formal bereavement leave. Some
individuals, due to travel requirements or special circumstances, may
need to be away from work for a much greater period of time than is
allowed by bereavement leave. In these cases, it is at the Sheriff’s
discretion on how the necessary leave will be charged by granting
the appropriate amount of bereavement leave and making up the
balance with annual leave, compensatory time, leave without pay, or
sick leave, if justified.

N. CIVIL LEAVE:

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1. Any introductory or regular full-time employee who is summoned to serve
on jury duty, or who is summoned or subpoenaed to appear in court of law
will be entitled to civil leave with pay. To receive civil leave, the employee
must provide the appropriate supervisor with a copy of the subpoena or
summons. Leave with pay will not be granted if the case is due to
employment with an agency other than the Martinsville Sheriff’s Office.

2. Civil leave may not exceed the time actually spent fulfilling the civil duty.
Any additional time off on the same day must be charged to annual leave or
compensatory time, if eligible, or leave without pay. When an employee
needs to use civil leave, he or she must notify the appropriate supervisor as
soon as possible.

3. Employees who are defendants in a criminal case or party in a civil lawsuit


may not use civil leave. Absences must be charged to annual leave or
compensatory time, if eligible, or leave without pay.

O. MILITARY LEAVE:

1. In accordance with federal regulations, the Sheriff’s Office will grant leave
of absence to any employee who is enlisted in the Armed Forces Reserve,
National Guard, Naval Militia, the Virginia State Defense Force, or National
Defense Executive Reserve while engaged in active duty, reserve duty, time
away for a physical examination to determine fitness for duty, or periods of
training that are approved by the Governor or the Governor’s designee.

2. Employees who leave the Sheriff’s Office service to enter active duty are
entitled to military leave without pay. Unless the circumstances have
changed so that re-employment is impossible or unreasonable, employees
are also entitled to reinstatement into the position they hold if they had
remained in Sheriff’s Office service. This policy applies to those employees
who normally serve no longer than five years.

3. To be reinstated, returning veterans must submit an application for re-


employment within specified periods of time, depending on the duration of
the individual’s military service. Employees must also present a certificate
showing discharge or release under honorable conditions.

4. Regular full-time employees who are enlisted in the National Guard, Naval
Militia, or a reserve unit of the Armed Forces are entitled to a leave of
absence without pay for the following periods:

a. Initial training, and for all other periods connected with the initial
training.

b. Weekend drills when these conflict with the work schedules.


c. Any reserve training other than the time of annual training.

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d. Members of the National Guard, Naval Militia or a reserve unit of
the Armed Forces are entitled to a leave of absence with pay for the
following periods:
 Pre-induction physical
 Annual training
 Training that is approved by the Governor or the Governor’s
designee
 Emergency call-up ordered by the Governor

e. An employee who is scheduled for a pre-induction physical will be


given a paid leave of absence for the time of the physical, up to the
length of the normal shift.

f. Employees are entitled to up to 15 workdays of paid military leave


per federal fiscal year which is October 1 – Sept 30 for federally
funded training or active duty. In addition, employees may choose
to use their annual or compensatory leave, if eligible, during this
time.

g. To qualify for military leave, employees must furnish their


supervisors with copies of their orders or other documentation from
a responsible military official. Only the dates specified in the order
may be charged to military leave. Employees should give
supervisors as much notice as possible.

h. If an employee needs to be away from work for more than the


allowed 15 workdays, the other days must be charged to annual or
compensatory time, if eligible, or to leave without pay. A copy of
the military leave and related documents will be forwarded to the
Human Resources Office for placement in the employee’s personnel
file.

1.) While on military leave without pay, an employee does not


earn annual or sick leave. However, time spent in military
service will count towards the employee’s length of service
for purposes of determining the rate of accumulation and
earnings. An employee who returns from military leave will
have any prior unused annual and sick leave restored to his or
her leave balances.

P. LEAVE OF ABSENCE WITHOUT PAY:

1. Except where legally required, the Sheriff’s Office is not obligated to grant
leave without pay. However, an employee may be granted a leave of
absence without pay for reasons of personal or family illness, birth or

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adoption of a child, completion of education, or for other reasons deemed by
the Sheriff to be in the best interest of the employee and the Sheriff’s Office.
a. Leave without pay must be requested in writing on a Leave of Ab-
sence Request Form and submitted to the Sheriff. If eligible, an em-
ployee may apply for Temporary Disability Pay to run concurrently
with the leave of absence.

b. If appropriate, the Sheriff will automatically place an employee on


leave of absence without pay within five working days after the em-
ployee has exhausted all accumulated sick, annual, and compen-
satory leave. The leave will be retroactive to the date on which said
leave was exhausted.

c. Employees who are on approved leave of absence without pay do not


earn annual and sick leave. During a leave of absence, the employee
will retain any unused annual and sick leave accumulated prior to
leave.

d. Unless extenuating and approved circumstances prevent an em-


ployee’s return to work on the specified date, any additional leave
time will be charged to accumulated annual leave. The employee
may also be subject to other disciplinary action up to and including
termination.

Q. INJURY LEAVE:

1. Injury leave may be granted because of an employee’s incapacity to work as


a result of an injury or illness that occurred during the course of an
employee’s job performance. Injury leave is ordinarily the length of time
necessary to enable an employee to return to work following an on-the-job
accident of job-related illness.

2. If the Sheriff doubts that an injury or illness is job-related, the absence will
be charged to sick leave until a proper ruling is made. If sick leave is
exhausted, the absence will be charged to annual leave, and if necessary,
leave without pay. If the injury is finally ruled to be job-related the
approved absence will be charged to injury leave and all sick leave and/or
annual leave will be restored.

R. FAMILY MEDICAL:

The Family and Medical Leave Act of 1993 as amended, job protected unpaid
family and medical leave will be granted to eligible employees for up to 12 weeks
per 12-month period.  The Sheriff’s Office will post and/or provide employees and

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potential employees with a general Notice of FMLA Rights through electronic
posting in the Employee Handbook, paper posting in locations readily visible to
employees who do not have access to Sheriff’s Office computers, and to applicants
who apply via non-electronic means.  Newly hired employees will also be provided
information during orientation. 
Basic Leave Entitlement

Employees are eligible to receive FMLA leave for:

 Any incapacity due to pregnancy, prenatal medical care or childbirth;


 To care for the employee’s child after birth, or to care for a newly placed child as a
result of adoption or foster care; (Leave to care for a newborn child or for a newly
placed child must conclude within 12 months after the birth or placement) 
 To care for an immediate family member (spouse, child, or parent – but not a parent
“in-law”) with a serious health condition; OR
 For a serious health condition that makes the employee unable to perform the
employee’s job. 

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active
duty status in the National Guard or Reserves in support of a contingency operation may
use their 12-week leave entitlement to address certain qualifying exigencies. Leave under
this provision is available to help the family member manage the military family member’s
affairs while they are on active duty.  Examples of a qualified exigency include: attending
certain military events, arranging for alternative childcare, addressing certain financial and
legal arrangements, attending certain counseling sessions, attending post-deployment
reintegration briefings, and any additional activities not included in the other categories but
agreed to by the employee and the Sheriff’s Office.  Proof of the qualifying family
member’s call-up or active military service must be provided. 

FMLA also includes a special caregiver leave entitlement that permits eligible employees
to take up to 26 weeks of leave to care for a covered service member during a single 12-
month period.  A covered service member is a current member of the Armed Forces,
including a member of the National Guard or Reserves, who has a serious injury or illness
sustained in the line of duty that may make the service member medically unfit to perform
his or her duties and for which the service member is undergoing medical treatment,
recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired
list.
 

APPLICABILITY

To be covered under the FMLA, an employee must have worked for the Sheriff’s Office
for twelve (12) months and must have worked at least 1,250 hours within the twelve (12)
months (not necessarily continuous) preceding the start of the leave.  To determine an

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employee’s leave entitlement when an employee works a schedule that varies from week-
to-week, a weekly average over the 12 months proceeding the leave period may be used.   
If there is a break in service of seven years or more, the time prior to the gap is not counted
toward the 12-month requirement unless the break is due to military service or the Sheriff’s
Office agrees to count the prior service.  Part-time and temporary employees who meet
these requirements are eligible for FMLA leave.  

DEFINITIONS:

12-Month Period – A “rolling” 12-month period measured backward from the date an
employee uses FMLA leave to calculate the employee’s leave year.  The single 12-month
period as it applies to military family leave begins on the first day the eligible employee
takes FMLA leave to care for a covered service member and ends 12 months after that
date.    If an eligible employee does not take all of his or her 26 workweeks of leave
entitlement, the remaining part is forfeited. 

Chronic Condition – A condition that: (a) requires visits for treatment by a health care
provider at least twice a year; (b) continues over an extended period of time (including
recurring episodes of a condition); and (c) may cause episodic incapacity rather than a
continuing period of incapacity.  A chronic or long-term health condition or pregnancy
does not require a visit to the health care provider for each absence.  A statement by the
provider that the absence was due to the chronic condition or pregnancy may be requested
by the Sheriff’s Office at its’ discretion.

Continuing Treatment – A condition that prevents the employee from performing the
functions of the employee’s job, or prevents the qualified family member from
participating in school or other daily activities.  The requirement may be met when there is
a period of incapacity of more than three full consecutive calendar days combined with two
or more visits to a health care provider or one visit and a regimen of continuing treatment,
or incapacity due to pregnancy, or incapacity due to a chronic condition.  Two in-person
visits to a health care provider or other designated individual must occur within 30 days of
the beginning of incapacity with the first visit to the health care provider taking place
within seven days of the first day of incapacity. 

Covered Service member – A covered service member is a current member of the


Regular Armed Forces, National Guard, or Reserve, including those on the temporary
disability retired list, but not including former members or members on the permanent
disability retired list.  The service member must be receiving medical treatment or
oversight by a Department of Defense or Veterans Affairs health care provider or by a
Department of Defense TRICARE network or non-network authorized private health care
provider.

Eligible Employee - An employee who has been employed by the Sheriff’s Office for at
least one year, and has worked 1,250 hours during the previous 12-months prior to the
beginning of the leave.  

Exigency – An urgent situation resulting from a covered family member does active duty
or call to active duty in the armed forces need immediate attention or remedy.  When a

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military exigency leave is taken due to an employee’ spouse, or a son, daughter, or parent
of the employee is on active duty, or because of notification of an impending call or order
to active duty, the leave may commence as soon as the individual receives the call-up
notice.  Proof of the qualifying family member’s call-up or active military service must be
provided to the department director. 
 

Fitness for Duty Certification – Certification by a health care provider that addresses the
employee’s ability to perform the essential functions of the employee’s job.  Where
reasonable job safety concerns exist, the Sheriff’s Office may require a fitness-for-duty
certification before an employee may return to work when the employee takes intermittent
leave.

Health Care Provider – A doctor of medicine or osteopathy who is authorized to practice


medicine or surgery (as appropriate) by the State in which the doctor practices; podiatrists,
dentists, clinical psychologists, optometrists, and chiropractors; nurse practitioners, nurse-
midwives and clinical social workers who are authorized to practice under State law and
who are performing within the scope of their practice as defined under State law; any
health care provider from whom an employer or the employer's group health plan's benefits
manager will accept certification of the existence of a serious health condition to
substantiate a claim for benefits; and a health care provider listed above who practices in a
country other than the United States, who is authorized to practice in accordance with the
law of that country, and who is performing within the scope of his or her practice as
defined under such law.

Immediate Family Member – For purposes of this regulation, immediate family member
is the child, spouse, or parent of the employee. 

Intermittent Leave - Taking leave in blocks of time, or by reducing an employee’s normal


weekly or daily work schedule. 

Job Restoration - Upon return from FMLA leave, an employee is entitled to be restored to
the same position that was held before the start of the FMLA leave, or to an equivalent
position with equivalent benefits, pay, and other terms and conditions of employment. If an
employee is unable to return to work after the FMLA leave benefits have been exhausted,
the employee will not have a right to return to his or her position even if there are unused
accrued leave balances. 

Key Employee – A salaried FMLA-eligible employee who is among the highest paid ten
percent of all the employees employed by the Sheriff’s Office.

Light Duty – Light duty work does not count against an employee’s FMLA leave
entitlement.  If an employee is voluntarily performing a light duty assignment, the
employee is not on FMLA leave.

Medical Certification – A document which supports an employee or the employee’s


immediate family member’s need for FMLA.  The Sheriff’s Office, at its own expense,
may require the employee to obtain a second medical certification from a health care
provider and may choose the health care provider for the second opinion.  If the opinions of

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the employee’s and the employer’s designated health care providers differ, the Sheriff’s
Office may require the employee to obtain certification from a third health care provider,
approved jointly by the Sheriff’s Office and the employee, and paid for at the Sheriff’s
Office’s expense.  This third opinion will be final and binding.  The Sheriff’s Office may
request recertification of an ongoing condition every six months in conjunction with an
absence or may be requested on a more frequent basis.

Next of Kin – The closest blood relative of the injured or recovering service member.

Parent – The parent of or an individual who stood in loco parentis to an employee when
the employee was a child.  The term “parent” does not apply to an employee’s “parents-in-
law.”

Qualified Exigency – (1) short-notice deployment, which is defined as a call or order to


active duty in seven or less calendar days prior to the date of deployment; (2) military
events and related activities; (3) childcare and school activities; (4) financial and legal
arrangements; (5) counseling; (6) rest and recuperation; (7) post-deployment activities; and
(8) additional activities, which is a catch-all provision covering events arising out of the
military member's active duty or call to active duty, provided the employer and employee
agree such leave qualifies as an exigency and both agree as to the timing and duration of
such leave.

Serious Health Condition - An illness, injury, impairment or physical or mental condition


that involves inpatient care in a hospital, hospice, or residential medical care facility, or an
incapacity lasting more than three full consecutive days and involving continuing treatment
by a health care provider. 

Son or Daughter – A biological, adopted or foster child, a stepchild, a legal ward, or a


child of a person standing in loco parentis.  The child must be under age 18 or age 18 or
older and incapable of self-care because of a mental or a physical disability. 

Spouse – A husband or wife as defined or recognized under state law for purposes of
marriage.  This does not include domestic partners.

DETERMINATION OF ELIGIBILITY PERIOD AND USE OF LEAVE:

Rolling 12-Month Period – Except in the case of leave to care for a covered service
member with a serious injury or illness, the Sheriff’s Office uses a “rolling” 12-month
period measured backward from the date an employee uses FMLA leave to calculate the
employee’s eligibility for FMLA leave.   For purposes of military caregiver leave, the
eligibility period starts on the date an employee first takes leave to care for a covered
service member with a serious injury or illness. 

Substitution of Paid Leave – FMLA leave is unpaid.  However, before any unpaid portion
of the FMLA leave begins, employees are required to take any accumulated vacation or
sick leave provided by the Sheriff’s Office on an hour-for-hour basis toward the total
FMLA allowance.  The Sheriff’s Office will permit the use of accrued compensatory time

1-26 15
off for an FMLA-qualifying absence.  Employees must follow the same terms and
conditions of the Sheriff’s Office’s leave policies that apply to other employees for the use
of such leave.  If the amount of leave needed is known at the time the Sheriff’s Office
designates the leave as FMLA-qualifying, the Sheriff’s Office will notify the employee of
the number of hours or weeks of paid leave that will be counted against the employee’s
FMLA leave entitlement.  When an employee has used all appropriate leave time for a
portion of FMLA leave and additional time off is needed, the employee may request unpaid
leave to be granted so that the total period leave (paid and unpaid) equals 12 weeks or 26
weeks, dependent on the reason for the leave.  All paid and unpaid leave taken for an
FMLA qualifying event will be applied towards the employee’s FMLA entitlement. 

The employee’s total leave entitlement (paid and unpaid) is limited to a combined total of
26 weeks for all qualifying reasons under FMLA and military leave.   For example, leave
that qualifies both as leave to care for a covered service member and leave taken to care for
a family member with a serious health condition during the “single 12-month period”
cannot be designated and counted as both leave to care for a family member with a serious
health condition. 

Spouses employed by the Sheriff’s Office are limited to a combined total of 12 workweeks
of family leave for the birth and care of a child, placement of a child for adoption or foster
care, or for a qualifying military exigency.    If a husband and wife are both employed by
the Sheriff’s Office and each wish to take leave for a qualified military service member, the
eligible employees shall be entitled to a combined total of 26 workweeks of FMLA leave. 

Intermittent or Reduced Leave - An employee does not need to use the leave entitlement
in one block and may take leave intermittently (a few days or a few hours at a time) or on a
reduced leave schedule to care for an immediate family member with a serious health
condition or because of a serious health condition of the employee when medically
necessary.  Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the Sheriff’s Office’s operations.  The employee may
be required to transfer temporarily to a position with equivalent pay and benefits that better
accommodates recurring periods of leave when the leave is planned based on a scheduled
medical treatment.  Intermittent leave may also be taken for the birth or placement for
adoption or foster care of a son or daughter. 

BENEFITS WHILE ON FMLA

Health Care Benefits - If paid leave is used for FMLA purposes, an employee will
maintain the same benefits as if at work.  The City will continue to contribute to the health
insurance premiums of eligible employees who are on leave under the FMLA.  When an
employee is on leave without pay, continuation in the health care plan is permitted,
provided that the employee’s share of the premium is paid.  Should an employee fail to
make premium payments within 30 days of the date it is due, the employee will be notified
in writing and may be given an additional fifteen days to make payment in full.  If payment
is not made after this notice, health care benefits will cease.  An employee who fails to
return to work after the conclusion of the FMLA leave must reimburse the City for any
employer health care contributions made on the employee’s behalf. 

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Leave Accrual - An employee does not accrue vacation or sick leave during periods of
unpaid leave, but will not lose anything accrued prior to the unpaid leave. 

Holidays - Holidays will be counted as FMLA leave if the employee is on FMLA leave the
entire week in which the holiday falls.  If the employee takes FMLA leave for less than a
full workweek in which a holiday falls, the holiday does not count as FMLA leave. 

Job Protection – If the employee returns to work within 12 or 26 workweeks (dependent


on the category of the leave) as provided by the FMLA following a family/medical/military
exigency/service member leave, the employee will be restored to the employee’s former
position or an equivalent position with equivalent pay, benefits, status and authority.   If the
employee is a key employee, restoration to employment may be denied following FMLA
leave on the grounds that such restoration will cause a substantial and grievous economic
injury to the Sheriff’s Office.  Whether an employee is a key employee must be determined
at the time of the request for the leave. 

If the employee is unable to return to work after the FMLA leave benefits have been
exhausted, the employee will not have a right to return to his or her position and may
be separated without prejudice.  If the employee’s position would have been eliminated
or the employee would have been terminated except for the leave, the employee would not
have the right to be reinstated upon return from the leave. 

Once established that an employee who is in a vital nonexempt supervisory position that
will be absent 30 days or more an interim position will be established.

PROCEDURES:

Notice Requirements

Initial Request for Basic Medical Leave - In the case where the employee anticipates the
need to take FMLA, a thirty (30) days notice is required before the leave is to begin. 
Should an emergency or unforeseen circumstance prevent the employee from providing the
required advance notice, the employee must notify the supervisor “as soon as possible and
practical” – either the same or next business day.   Employees are expected to follow the
usual and customary call-in procedures for reporting an absence, except for any unusual
circumstances, but in no event more than two days after the absence.  The employee
must provide sufficient information to enable the Sheriff’s Office to determine whether the
leave is a qualifying event under FMLA; i.e., the employee is incapacitated due to
pregnancy, has been hospitalized overnight, is unable to perform the function of the job,
and/or that the employee or employee’s qualifying family member is under the continuing
care of a health care provider.  Calling in sick without providing more information is
insufficient.  An employee who is on Workers’ Compensation leave will automatically be
placed on FMLA leave starting with the first day of the absence.

Employer Responsibilities - When an employee seeks leave for a FMLA-qualifying


reason for the first time, the employee need not specifically request FMLA leave or even
mention the FMLA.  In addition, there may be instances when an employee does not

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specifically request leave under the FMLA, but his/her leave may qualify as FMLA leave
and the Sheriff’s Office may designate the time off as FMLA leave.  When an employee
requests FMLA leave, or when the Sheriff’s Office acquires sufficient knowledge that an
employee’s leave may be for an FMLA-qualifying reason, the department director will
notify the employee of the employee’s eligibility to take FMLA leave within five business
days, absent extenuating circumstances. 

Request for Military Family Leave - Employees are obligated to provide notice of leave
due to a “qualifying exigency” when the employee first seeks to take such leave.

The department director or designee shall provide the employee with FMLA information,
which includes the FMLA Poster – WHD Publication 1420, FMLA Notice of Eligibility
and Rights and Responsibilities (WH-381), and the appropriate Certification form. When
an employee seeks leave due to a FMLA-qualifying reason for which the Sheriff’s Office
has previously provided the employee FMLA-protected leave, the employee must
specifically reference either the qualifying reason for leave or the need for FMLA leave. 
Calling in sick is not enough to trigger the FMLA requirements. 

If the employee fails to give 30 days notice for a foreseeable leave with no reasonable
excuse for the delay, the leave may be delayed or denied until 30 days after the employee
provides notice.  If the employee requests leave and in explaining the reasons for the
request provides sufficient information to determine that the requested leave is for a
FMLA-qualifying purpose, the employee’s leave, paid or unpaid, shall be designated as
FMLA leave and be appropriately substituted for all or some portion of the employee’s
FMLA leave entitlement. 

Should the Sheriff’s Office not initially designate leave as FMLA, the Sheriff’s Office may
retroactively do so with an appropriate notice to the employee provided that the failure to
timely designate leave does not cause harm or injury to the employee.  In all cases where
leave would qualify for FMLA protections, the Sheriff’s Office and the employee can
mutually agree that the leave be retroactively designated as FMLA leave.

Certifications

The Sheriff’s Office requires that an employee’s request for leave due to a serious health
condition affecting the employee or a covered family member be supported by a
certification from a health care provider.  The Sheriff’s Office may require a second or
third medical opinion (at the Sheriff’s Office’s expense) and periodic recertification of a
serious health condition.  The employee must submit the appropriate completed medical
certification form to the department director within 15 calendar days of the request for
FMLA leave; i.e., WH-380-E, Certification of Health Care Provider for Employee’s
Serious Health Condition, WH-380-F, Certification of Health Care Provider for Family
Member’s Serious Health Condition, WH-384, Certification of Qualifying Exigency for
Military Family Leave, or WH-385, Certification for Serious Injury or Illness of Covered
Service member for Military Family Leave. 

The required form must be completed by the health care provider for the person with the
condition and submitted to the department director unless it is not practicable despite the
employee’s diligent, good-faith efforts to do so.  Upon receipt of this information, all

1-26 18
related documents will be forwarded to the Human Resources Office.  If the employee
provides an incomplete or insufficient certification, the Sheriff’s Office will notify the
employee, in writing, of the deficiency and give the employee seven (7) calendar days to
provide the additional information.  The Sheriff’s Office may use a health care provider, a
human resource professional, leave administrator, or a management official – but not the
employee’s direct supervisor – to clarify a medical certification of a serious health
condition.  If the employee fails to provide a complete and sufficient certification despite
the opportunity to correct the deficiency, the Sheriff’s Office may deny FMLA leave.  In
cases where leave would qualify for FMLA leave protection and timely notice by the
Sheriff’s Office has not been provided, the Sheriff’s Office and employee may mutually
agree that the leave will be retroactively designated as FMLA leave.

After receiving an employee’s request for leave with sufficient information to determine if
the leave is a FMLA-qualifying condition, the Human Resources Office will notify the
employee within five business days if the employee is eligible for FMLA leave.  The
Designation Notice (Family and Medical Leave Act), Form WH-382, will be used for this
purpose.   If the employee is not eligible, the notice must state the reason why. 

Periodic Reporting Required - The employee on FMLA leave shall report periodically on
his/her status and intention of returning to work or as requested by the department director
or supervisor. An employee should notify the department director and the of the intent to
return to work, two weeks prior to the anticipated date of return, or of any medically
necessary changes in the date of return. 

Fitness for Duty Certification - If the leave was due to an employee’s serious health
condition, the Sheriff’s Office may require a “fitness for duty” certification from the
employee’s health care provider, verifying the employee’s ability to return to work, with or
without restrictions.  Failure to return to work, or call in with a satisfactory explanation
once medically released to return to work will be considered as a voluntary resignation. 

Record Keeping - The department director shall maintain accurate records to track all
hours used for FMLA purposes.  For conditions that last longer than one year or ongoing
circumstances, the Sheriff’s Office may request a new certification every six months in
conjunction with an absence. 

VIRGINIA SUPPLEMENTAL RETIREMENT

The Virginia Supplemental Retirement System (VSRS) exists to provide members


with benefits at retirement, or upon disability or death. Benefits under VSRS are governed
by the Code of Virginia. (Copy VSRS handbook available in Sheriff’s Office).

VACO RISK MANAGEMENT PROGRAM

Vaco risk management program provides liability protection coverage for actions of
deputies in the performance of their duties which may be challenged by legal action. Illegal
acts committed by a member of the Sheriff’s Office are not covered by the liability plan.

EDUCATION REIMBURSEMENT

1-26 19
Education reimbursement is a benefit to full time employees. Employees who plan to take a
course and wish to be reimbursed

must submit the request in writing to their supervisor who will forward the request to the
Sheriff or designee.

The Sheriff or designee will bring the request to administration for discussion and a
decision will be made. Consideration will be given to type of course, relevance to the
operation and duties of this office as well as employee service. Reimbursement can only be
approved if funds are available

After pre-approved the employee must complete the course and receive a grade of “C” or
better to receive reimbursement.

Only courses taken through an accredited school will be considered. The following
information should be submitted as a minimum for consideration.

Employee Name

Hire Date
Name of School
Name of course with description as to how it relates to the functions of this office
Cost of Course
Start and Finnish Dates

Requests will be submitted in a timely manner. Notification of approval or denial of


reimbursement will be made quickly as possible.

MEDICAL CARE PLAN

The City of Martinsville Sheriff’s Office insurance is reviewed annually by the elected
board of the City of Martinsville and approved annually to renew or select another medical
provider.

Employee Assistance Service

The City offers Employee Assistance Program (EAP) services as a benefit to full-time
employees.  If an employee or a member of his/her immediate family experiences a
personal difficulty or problem which might affect their job performance, confidential
assistance is available through the EAP.  The employee or their immediate family member
may contact the EAP directly.  The employee may also be referred to EAP by their
immediate supervisor.  The basis for or a referral by the City shall ordinarily be:

1-26 20
 a decline in work performance, unsatisfactory attendance, poor attitude, or unusual
behavior which may be caused by a personal problem;

 a particular on-the-job incident which indicates the presence of a personal problem;


or
 a request from the employee to his/her supervisor for advice or assistance regarding
a personal problem.

If an employee’s performance or attendance is unsatisfactory, the immediate supervisor


will discuss this matter with the employee.    Should the supervisor feel the employee’s
performance or attendance is being adversely affected by a personal problem, EAP services
may be offered as an alternative to disciplinary action, subject to the approval of the
department director.  When confidential help and services are offered as an alternative to
disciplinary action, employees are expected to accept assistance, comply with referrals for
the assessment of his/her problem, and to cooperate and follow the recommended treatment
plan.

This policy supersedes all previous administrative directives.

1-26 21
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: DISCRIMINATION POLICY NUMBER: 1-27
EFFECTIVE DATE: 7/24/07 Number of Pages 1-2
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 1/1/13
Authorizing Authority: ________________________________
Sheriff

POLICY

The Sheriff’s Office policy is to provide a professional, businesslike work


environment free from all forms of employee discrimination. Discrimination will
be treated as misconduct with appropriate disciplinary sanctions.

II. PURPOSE

To establish office policy concerning allegations of discrimination, describe


reporting procedures, assign personnel to investigate allegations, ensure
confidentiality, and define the term.

III. PROCEDURES

A. Discrimination in the Martinsville City Sheriff’s Office is strictly


prohibited.

B. A member of the Sheriff’s Office who believes he has been discriminated


against because of age, race, creed, or national origin shall contact the
immediate supervisor. The member shall submit a memorandum to the
Sheriff, through the chain of command, detailing the circumstances.

1. In cases where the employee’s supervisor may be at fault the


employee shall contact the next level of supervision.

C. Members shall report all allegations of discrimination immediately. Such


reports will initiate a confidential internal investigation.

D. The Sheriff shall immediately take action to limit the concerned member
from any further work contact.

E. The Sheriff shall have an internal investigation immediately initiated to


investigate the allegation.

F. If the allegation involves the Sheriff, the complainant shall present the
allegation, without delay, to the Commonwealth’s Attorney.

1-27 1
G. The Internal Affairs Officer or designee, under direction of the Sheriff,
shall investigate all reports of discrimination within the Sheriff’s Office.

1. Complaints will be promptly and completely investigated, and


immediate and appropriate action will be taken.

2. Investigations of discrimination will be held in the strictest


confidentiality.

a. Written statements or correspondence relating to an


investigation into a complaint of discrimination will be
maintained in locked files by internal affairs.

b. Reports on investigations of discrimination in the work


place will be submitted directly to the Sheriff by internal
affairs.

H. If the Internal Affairs Officer is the subject of the allegation, the Sheriff
will designate another ranking member of the agency to investigate the
allegation.

This policy supersedes all previous administrative directives.

1-27 2
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: INCIDENT REPORTING/RECORDS POLICY NUMBER: 1-28
EFFECTIVE DATE: 6/21/07 Number of Pages 1-6
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 06/17/08, 7/7/20
Authorizing Authority: ________________________________
Sheriff

I. POLICY

The Martinsville City Sheriff’s Office shall maintain a records


system, the content of which shall be consistent with its mission as
a court services agency. Infrequently, incidents do arise that
require documentation for the purposes of further investigation,
criminal intelligence and protection of the agency from civil
liability. In all circumstances involving criminal cases and traffic
crash investigations, the Martinsville Police Department will be
notified to respond to conduct any formal or follow-up
investigations. Sheriff’s Office personnel are only authorized to
conduct preliminary investigations should the need arise.

This directive shall detail the order of the reporting system to


include the establishment of a unique numbering series, the content
required to be contained within the report and the occasions in
which a report must be generated by the deputy.

II. PURPOSE

The purpose of this directive is to establish the reporting and


record keeping system of the Sheriff’s Office.

III. PROCEDURE

A. Report Format

1. The Sheriff’s Office shall utilize a memorandum styled format for


the documentation of incidents involving sworn personnel. The
document shall bear the agency name. It shall be entitled in bold
capital letters and on an 8½” x 11 sheet as INCIDENT
REPORT.

1-28 1
2. Each incident report shall be sequentially numbered using the
following method:

MSO (indicates agency) 2007 (indicates year) 06(indicates Month


(June)) 21 (indicates the day) 1450 (indicates military time and
sequential number) Example: MSO-070621-1450

B. When Reports are Required

1. An incident report shall be completed by the sworn employee of


the Martinsville City Sheriff’s Office during the following
situations or occurrences:

a. Any incident which involves an arrest, summons or citation


effected by a sworn employee, any criminal act committed
in the deputy’s presence or non-criminal occurrence which
may affect safety, efficiency or reputation of the Sheriff’s
Office;

b. A citizen report of crime.

c. Any unusual occurrence that takes place anywhere within


the Martinsville Courthouse whether during trial
proceedings or daily routine operations (examples: medical
emergencies, management of courtroom
disorder/outburst/or other situation arising during
proceedings)

d. Any noticeable breach of security that has the potential to


adversely impact the courts, judges, support personnel and
other persons having business within the Courthouse;

e. Any threats made against the Courts, Judges, Sheriff’s


Office or police personnel.

f. Rendering any form of emergency assistance to the public.

g. Citizen request for process service

h. When an employee is assigned

2. All other requests for services shall be documented by memo or


are referred directly to and administrative deputy for processing
and/or fulfillment.

1-28 2
3. Once the incident report is completed, the Sheriff’s Office deputy
will submit the incident report to their immediate supervisor for
review. The supervisor will review the incident report in detail
and once accepted, the supervisor will submit the incident report
to their administrative supervisor for approval. When the incident
report is signed off on as approved by the administrative
supervisor, the report will be filed in the designated and secured
filing system accordingly. All incident reports in relation to the
VLEPSC standards are filed and secured in the accreditation
manager’s office.

C. Handling Vice/Drug/Organized Crime Complaints

1. When a sworn employee receives information from a person with


reference to crimes related to vice and/or drugs, the person is
directed to contact the Detective Division of the Martinsville
Police Department. In the event that the person is, for whatever
reason incapable or incapacitated from doing this, the deputy
shall take the information and generate an incident report. The
report shall be processed by forwarding to the Sheriff and Police
Department for investigation. Our agency does not investigate
criminal complaints of any nature.

2. Information consistent with the existence of organized crime


activities that is occurring within the City of Martinsville shall be
forwarded to the Office of the Chief of Police of Martinsville
Police Department, forthwith. Information relative to activities
outside of Martinsville shall be referred to the Virginia State
Police.

3. Any information that is received by a sworn employee of the


Sheriff’s Office that relates to immediate newsworthy incident,
serious criminal offenses, drug activity, vice or organized crime
shall be provided to the Sheriff as soon as practicable. If the
Sheriff deems it appropriate, the employee may be required to
complete an incident report concerning the information received.

4. If any Sheriff’s Office employee should identify an informant that


may be utilized for the purpose of conducting a criminal
investigation, that informant shall be turned over to the primary
law enforcement agency, the Martinsville Police Department, for
their utilization. The Martinsville Police Department maintains an
Informant Master File through the detective division. If
appropriate, the employee may be required to complete an incident
report concerning the information received.

1-28 3
D. Criminal/Incident Records Management System

1. All arrests affected by Sheriff’s office employees requiring the


generation of Virginia Central Criminal Records Exchange
(CCRE) documentation shall originate from the arrest processing
facility of the Martinsville Police Department. The police
department ORI number (VA115000) shall be utilized as an
identifier for this agency.

2. All arrest data for an incident that is initiated and affected by a


City of Martinsville Sheriff’s sworn employee shall be recorded
at, maintained in, and reported from the police department in the
format as mandated by Virginia Central Criminal Records
Exchange. This shall include the following:

a. the assignment of an arrest number;

b. creation of a criminal history file for each person under


custodial arrest with a copy of the incident report included;

c. completed fingerprint cards and photograph of arrestee


which is performed electronically by the jail staff in the
committal process to jail.

3. Sheriff’s deputies are accorded access to traffic enforcement data,


upon request to the Martinsville Police Department.

4. By mutual agreement, records of arrest or wants/warrants are


accessible at the police department 24 hours a day. Wanted checks
can be made in person, by radio or telephone communication. If
needed, the Sheriff’s office is accorded access to enter notices in
regional, state and federal systems through the police department.

a. The police department regularly provides teletype information


as applicable to the Sheriff’s office (receiving information from
other jurisdictions, verifying/canceling information if
necessary).

F. Records Security, Distribution, and Access

1. Incident reports generated by Sheriff’s office employees shall be


filed within the Sheriff’s office at the designated location. The
location shall provide adequate security of contents
(records/reports) to prevent unauthorized access or inadvertent
dissemination.

1-28 4
2. Arrest records having origin from the Sheriff’s Office are
maintained within the Martinsville Police Department in secure
areas as required by the Code of Virginia and the Virginia Law
Enforcement Professional Standards Commission. (by mutual
agreement)

3. Any request for the release of information contained within records


pertinent to activities of sworn personnel of the Martinsville City
Sheriff’s Office shall be governed by the content of the Virginia
Freedom of Information Act (FOIA) as contained within the Code
of Virginia and the regulations of the Central Criminal Records
Exchange. (See G.O 1-20.)

a. Ultimately, incident reports, information and records shall be


distributed at the discretion of the Sheriff.

4. All records maintained within the Office of the Sheriff are retained
according to the schedules for retention as published by the
Virginia State Library in accordance with the Code of Virginia.

5. Warrants, reports, or court papers of a sensitive nature shall be


hand carried to the appropriate source i.e.; Police dispatch, Clerk
of Court, Commonwealth Attorney. Papers or reports destined for
surrounding jurisdictions are handled through the
interdepartmental mail system (City of Martinsville and Henry
County) which is disseminated by Sheriff’s Office personnel.

F. Undetermined Jurisdiction –reports received

1. Should an incident be reported in which jurisdiction cannot be


readily determined, the deputy taking the complaint shall
determine with specificity, landmarks such as businesses and other
geographic features in order to aid in the determination.
Information will be immediately relayed to the police department
dispatch center.

G. Report of Content

1. At minimum, the following information as applicable to a


given situation shall be required for the completion of an
incident report:

a. Description of the circumstances or incident type.


Example: “This report is in reference to an assault that
occurred in the hallway outside of the courtroom”
“Circuit”.

1-28 5
b. Identification of complainant, victims, witnesses, and
assisting sworn personnel present at or having direct
involvement in the incident.

c. The date and time of the incident to include the time


(and date) at which the Sheriff’s office employee
became aware of the situation.

d. Action taken, advice given or any other response


initiated by the deputy.

e. Any and every use of force, threat of force, type of force


applied (if any) and any resulting injury(s) to the
prisoner/accused.

f. Any assault inflicted upon or wounding/injury sustained


by a Martinsville Sheriff’s Office employee.

g. Any damage(s) caused to Sheriff’s office equipment to


include vehicle crashes involving Sheriff’s office
vehicles.

1. The Martinsville Sheriff’s Office does not investigate


vehicle accidents, this is a function performed by the
Martinsville Police Department and/or the Virginia State
Police. This office will help in traffic control, check for
personal injuries, protect the scene and all parties while
awaiting the arrival of the MPD or State Police

h. In the event of the escape of a prisoner, a comprehensive


narrative of the course of events which led to the escape
and subsequent efforts made to recapture the individual.

i. Any pertinent detail that would be essential to a


complete report.

2. Upon completion, all incident reports shall be submitted to


supervision / admin. supv. for approval. An approved copy
shall also be filed at the designated location in the office.

a. If a custodial arrest occurs, a copy of the Martinsville


Sheriff’s Office Incident Report shall be submitted
through established channels to the Records Unit of the
Martinsville Police Department.

This policy supersedes all previous administrative directives.

1-28 6
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Juvenile Operations POLICY NUMBER: 1-29.1
EFFECTIVE DATE: 6/22/07 Number of Pages 1-5
REVIEWED ANNUALLY By Sheriff
REVISED DATE: 06/26/08, 9/18/12, 4/1/13, 7/1/13
Authorizing Authority: ________________________________
Sheriff

I. POLICY

The Martinsville City Sheriff’s Office as a course of its regular mission comes
into frequent contact with juvenile offenders, either through the Juvenile and
Domestic Relations Court, or by way of transports to institutions. Regardless of
the situation, juveniles will be treated with the same care, dignity and respect
accorded to all other persons.

Juvenile offenders in the custody of Sheriff’s Office personnel will be securely


restrained during transports. In the event that a deputy witnesses or receives a
citizen report of an incident that involves a juvenile(s) in the commission of an act
that would be considered criminal, the sworn employee should immediately
contact the police department for response and handling. For infractions and
minor violations, the deputy may provide counseling, warnings, parental
notifications or other criminal justice system referral for the youth in need of
services.

Among the goals and objectives of the Office of the Sheriff, all personnel are
committed to the development and perpetuation of programs designed to prevent
and control juvenile delinquency through several venues: Employees must
carefully measure their interactions with all juveniles, regardless of their status (in
custody/non-custodial). Being a role model for all youth is important,
participation in prevention programs. The most significant lesson that we as law
enforcement practitioners can relay to youth is the necessity for their respect for
bona fide authority. This lesson is taught through our words, deeds, and
professional actions. Sharp, crude, or biting language must be avoided at all
times; but this regulation is intensified when a Sheriff’s Office employee is in
proximity to a juvenile.

1-29.1 1
I. PURPOSE

This directive shall prescribe the procedures for handling of juveniles.

II. PROCEDURE

A. Custodial Imperatives

1. In no case shall a juvenile known or believed to be under the age


of eighteen years (18 yrs) be transported with adults suspected of
or charged with criminal acts.

2. Juveniles shall be restrained at all times with the approved devices


during transport, while in custody or otherwise outside of the
detention area. Exception to this regulation applies to court
appearances, unless the Court approves in advance, the application
of restraints.

3. Juveniles being received into custody shall be thoroughly searched


for weapons, contraband or other potentially harmful
device/agent/substance before placement into a Sheriff’s Office
vehicle, detention area or other area.

4. Deputies will exercise care and deliberation in the usage of words


when conversing with the juvenile in custody. The juvenile will be
accorded appropriate care and treatment at all times.

B. Handling Violations, Infractions, and Criminal Acts by Juveniles

1. Should a deputy encounter youth engaged in activity which albeit


not of a criminal nature but potentially harmful to the health and
well being of persons, the deputy may intervene by providing
admonition to the youth, brief counseling, out right release, and or
making parental notification.

2. Traffic infractions, violations and criminal acts should, if at all


practicable, is reported to the police department. If the violation(s)
is of such nature that requires immediate law enforcement
attention, the deputy is authorized to affect a traffic stop and take
action as appropriate (i.e. Verbal warning, contact
parents/guardians, summons). See GO 1-7.

3. With regard to the commission or alleged commission of criminal


acts on the part of youth, the deputy’s actions shall be based upon
the degree of seriousness as to a course of action. (i.e. Verbal
warning, contact parents/guardians, referrals to juvenile court).

1-29.1 2
4. Personnel are reminded of the primary mission of the Martinsville
City Sheriff’s Office as a court services agency. Primary law
enforcement responsibility is carried by the Martinsville Police
Department. Only under the most grievous of circumstances
should a Martinsville Sheriff’s deputy affect the taking into
custody (arrest) of a juvenile offender. The deputy’s role is to
restore order, identify violators, witness, and render aid to the
injured as applicable. The police department, per mutual
agreement, will initiate the primary response and investigation of
the situation. This includes custodial actions.

5. In the event that it becomes imperative that custodial action be


taken on the part of the deputy, the Code of Virginia and its
subsequent sections and revisions shall be followed. Immediate
contact shall be made with the Martinsville Court Services Unit for
instructions.

6. Any contact, or interaction, of an enforcement nature taken by a


sworn employee of this office, involving youth, shall be
documented by the completion and submission of the Sheriff’s
Office Incident Report.

C. Custodial Considerations

1. No juvenile may be taken into immediate custody except under the


circumstances detailed in the Code of Virginia.

a. The Code of Virginia -When and how child may be


taken into immediate custody. No child may be taken into
immediate custody except: With a detention order issued
by the judge, the intake officer or the clerk, when
authorized by the judge, of the juvenile and domestic
relations district court in accordance with the provisions
of this law or with a warrant issued by a magistrate; or.
When a child is alleged to be in need of services or
supervision and there is a clear and substantial danger to
the child's life or health or the assumption of custody is
necessary to ensure the child's appearance before the
court; or. When, in the presence of the officer who makes
the arrest, a child has committed an act designated a
crime under the law of this Commonwealth, or an
ordinance of any city, county, town or service district, or
under federal law and the officer believes that such is
necessary for the protection of the public interest; or.

1-29.1 3
When a child has committed a misdemeanor offense
involving shoplifting

b. in violation of, assault and battery or carrying a weapon


on school property, although the offense was not
committed in the presence of the officer who makes the
arrest, the arrest is based on probable cause on reasonable
complaint of a person who observed the alleged offense;
or . When there is probable cause to believe that a child
has committed an offense which if committed by an adult
would be a felony; or. When a law-enforcement officer
has probable cause to believe that a person committed to
the Department of Juvenile Justice as a child has run
away or that a child has escaped from a jail or detention
home; or. When a law-enforcement officer has probable
cause to believe a child has run away from a residential,
child-caring facility or home in which he had been placed
by the court, the local department of social services or a
licensed child welfare agency; or. When a law-
enforcement officer has probable cause to believe that a
child has run away from home or is without adult
supervision at such hours of the night and under such
circumstances that the law-enforcement officer
reasonably concludes that there is a clear and substantial
danger to the child's welfare; or. When a child is believed
to be in need of inpatient treatment for mental illness.

2. Should it become necessary for a deputy to take custody of a


juvenile under the situations outlined in the code section, due
regard will be applied and given to the following concerns:

a. Ensuring that the constitutional rights of juveniles are


protected; the concerns of the deputy should focus upon
extreme care in the questioning of the juvenile and the
desirability of having a parent or guardian present during
questioning. (See Limits of Authority). If interrogation
is necessary, deputies are reminded to maintain close
attention to the length of the session (duration) and the
number of enforcement personnel present as these issues
could have adverse impact upon the juvenile and
subsequent court proceedings.

1-29.1 4
b. The juvenile shall be brought forthwith to the juvenile
intake office unless there is a need for immediate medical
attention.

It will be the responsibility of the deputy to notify the parent or legal


guardian of the juvenile concerning the situation. They should be directed to
come immediately to the intake office.

D. Juvenile Crime Prevention

A. School Liaison

(l) The Sheriff’s Office will actively encourage and participate in


crime prevention and awareness programs in the school system.
(2) The Sheriff will maintain liaison with the schools in responding
to requests for programs related to crime prevention and control
of delinquent and criminal behavior by youths. Office personnel
can act as resources with respect to delinquency prevention,
provide guidance on ethical issues in a classroom setting, provide
individual student counseling, and explain the law enforcement
role in society.
(3) All deputies are encouraged to interact with and develop a
cooperative relationship with students and to make suggestions as
to how we as an office and as individuals can maintain and
control criminal/ development behavior in youths.
(4) Any contacts necessary with juveniles while they are in school
will be initiated by first contacting school administrative
personnel.

This policy supersedes all previous administrative directives.

1-29.1 5
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: ASSISTANCE TO VICTIMS/WITNESSES POLICY NUMBER: 1-30.1
EFFECTIVE DATE: 6/21/07 NUMBER OF PAGES 1-2
REVIEWED ANNUALL by Sheriff
REVISED DATE: 7/6/20
Authorizing Authority: ________________________________
Sheriff

I. POLICY:

The employees of the Martinsville City Sheriff’s Office encounter


and interact on a daily basis with both crime victims and witnesses.
It is realized that in many cases there is or has been physical and
emotional trauma inflicted upon human lives. Given this
condition, it shall be the policy of the Office of the Sheriff to aid in
assisting such persons as is consistent with the mandates of the
Code of Virginia and more so, the code of showing compassion
and kindness to our fellow man in time of need.

The Office of the Commonwealth’s Attorney of the City of


Martinsville maintains and staffs an office for the specific needs of
victims and witnesses. This office is located within the
Martinsville City Courthouse at 55 W. Church Street. All inquiries
and requests for services shall be directed to this office (Director of
Victim/Witness Services).

II. PURPOSE:

The purpose of this policy is to describe the responsibilities of


Sheriff’s office employees when encountering persons in need of
victim/witness services.

III. PROCEDURE:

1. When an employee of the Martinsville Sheriff’s Office encounters


any victim, and/or witness inquiring information concerning what
applicable services are available to them including but not limited
to the following: medical services, compensation programs,
counseling, legal services, threatening or other intimidation
tactics from the suspect or suspect’s family or companions, any
inquiries on the necessary steps leading to the processing of the

1-30.1 1
case, phone numbers to call to report additional information
concerning the case, how to find information on the status of the
case, how to get or petition the court for an “emergency
protective order” (EPO), safe designated places such as shelters
available, or providing transportation services to and from court,
or to other offices or facilities, etc. The action of the Martinsville
Sheriff’s Office will be to help all victims and or witnesses to the
best of our ability. Victim Witness brochures are available to pass
out in lieu of directing, or if appropriate accompany such inquirers
to where they need to go. The Martinsville Sheriff’s Office is not
the primary law enforcement agency in our jurisdiction and with
that said all inquiries concerning victims and witnesses are referred
to the Martinsville Police Department and/or the Victim/Witness
Services for the City of Martinsville.

2. The Martinsville Sheriff’s Office is not the primary law enforcement


agency in our jurisdiction so all victim/witness assistance services
provided during the follow-up investigation will primarily be the
responsibility of the Martinsville Police Department. The Martinsville
Police Department will be responsible in explaining to the
victim/witness procedures involved in their case and what role they
will have, schedule line-ups, interviews, required appearances if
convenient for the victim/witness, providing an option for
transportation unless required by the Code of Virginia, returning
victim/witness property taken as evidence (except certain evidence
used in the course of a crime), were permitted by law or rules of
evidence apply.

3. Brochures of information concerning the Victim/Witness program are


available to the public in the lobby of the Sheriff’s Office and the
Court house entrance.

4. The Code of Virginia relative to services and aid provided on behalf of


victims and witnesses of crime is incumbent upon employees of the
Sheriff’s Office.

This policy supersedes all previous administrative directives.

1-30.1 2
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: INCIDENT MANAGEMENT POLICY NUMBER: 1-31.1
EFFECTIVE DATE: 6/22/07 Number of Pages 1-3
REVIEWED ANNUALY by Sheriff
REVISED DATE: 06/24/08, 1/1/14
Authorizing Authority: ________________________________
Sheriff

I. POLICY

An incident shall be defined as an occurrence not consistent with


the routine events or norms of a given day during on-duty status,
coming to the attention of a Martinsville City Sheriff’s Office
employee; the event may or may not be of a criminal nature.
Given this definition, it shall be the policy of the Sheriff’s Office
to be prepared to serve in a professional, just and timely manner.

Incidents coming to the attention of Sheriff’s office employees that involve the
commission of a criminal act or the allegation of criminal activity shall require the
immediate notification of the VA State police or the Martinsville Police
Department for response and handling. As a court services and jail services
oriented sheriff’s office, this agency is not established to conduct formal
investigations, in person photographic lineups or show ups of any incidents. All
will be referred to the agency with the jurisdictional responsibility However, there
will be detailed within this policy certain responsibilities incumbent upon
Sheriff’s office employees that will serve to aid Martinsville police department
efforts with regard to the occurrence of a criminal incident.

An incident that is not of a criminal nature, coming to the attention of Sheriff’s


office employees shall be processed in accordance with established policy and
within the dictates of the Code of Virginia as it relates to the responsibilities of
court services personnel.

II. PURPOSE

The purpose of this policy is to provide instructions for responding to


incidents that may occur in the course of duty of Sheriff’s Office
employees.

1-31.1 1
III. PROCEDURE

A. Criminal Incidents

1. Our agency does not conduct formal investigations of criminal


incidents. Any incident that is of a criminal nature and that is
brought or comes to the attention of a Sheriff’s office employee
shall be handled by notifying the police department to respond
within our jurisdictional boundaries.

2. Responsibilities of the deputy prior to and contemporaneous with


the arrival of police shall include the following:

a. stabilizing the scene and documenting pertinent


conditions, events and remarks;
b. protecting the crime scene and evidence, if applicable,
until relieved by the arrival of police elements;
c. locating and identifying victims, witnesses and suspects
rendering such aid as appropriate;
d. assisting the police officer(s) as requested or until
relieved by higher authority. Deputies are authorized to
engage in brief interviews with victims, witnesses and
suspects for the purposes of initial fact finding. This
information shall be provided immediately to the police
officer arriving at the scene of the incident. Deputies may
request suspect identification and residential information
but MUST NOT inquire (of the suspect) beyond this line
of questioning so that the rules of criminal
interview/interrogation not be violated.
e.

3. Deputies will be required to complete an incident report in


compliance with GO 1-28.

B. Non-criminal incidents

1. Incidents occurring such as medical emergencies, auto crashes, and


the like shall be reported to the proper authority or agency.
Security breaches or any event that relates to or occurs because of
a security breakdown shall be reported on the Sheriff’s office
incident report form and submitted to Sheriff’s administration.

1-31.1 2
Deputies are reminded that when they are in custody of a prisoner, that they
must proceed without stopping, but may utilize radio or cell phone
communication to summon aid.

This policy supersedes all previous administrative directives.

1-31.1 3
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Domestic Violence POLICY NUMBER: 1-32.1

EFFECTIVE DATE: 10/24/06 Number of pages 1-7


REVIWED ANNUALLY by Sheriff
REVISED DATE: 12/18/07,12/1/10, 2/15/17, 7/14/20
Authorizing Authority: ________________________________
Sheriff

POLICY

The security of the courthouse and the safe service of civil process are
the priorities of the Sheriff. To ensure high security awareness,
deputies must understand that they may witness or receive
information or reports about violent acts which occur on courthouse
property, or which involve persons on whom civil papers are served.
Law enforcement agencies are now required to arrest abusers in family
abuse cases where probable cause exists. While deputies are not
encouraged to pursue enforcement activities that are the responsibility
of local police, deputies are expected to intervene where necessary to
protect life and property. This office views domestic or family violence
(domestic disturbance) incidents as a high priority for intervention.
Further, the nature and seriousness of crimes committed between
family or household members are not mitigated because of the
relationships or living arrangements of those involved. With all due
consideration for their own safety, deputies intervening to stop
violence due to family abuse or stalking shall (1) restore order; (2)
arrests persons when probable cause exists that a crime has occurred
(or hold suspects in custody until a law enforcement officer arrives); (3)
provide safety and security for the crime victim(s); and (4) help victims
obtain protective orders where necessary; (5) in cases of repeat
offenders the officer is to hold the suspect until a law enforcement
officer arrives.

PURPOSE

To define domestic violence and related offenses, outline a safe


procedure for handling violent incidents, and protect victims.

DEFINITIONS

1
Assault and battery against a family or household member – refer to the Code of Virginia.

Predominate Physical Aggressor - is the person who commits, attempts to commit or


threatens to commit violence against another, whose actions are not consistent with
lawful self-defense, and the one who poses the most serious threat. A law-enforcement
officer having probable cause to believe that a violation of the Code of Virginia has
occurred shall arrest and take into custody the person he has probable cause to believe,
based on the totality of the circumstances, was the predominant physical aggressor unless
there are special circumstances which would dictate a course of action other than an
arrest.  The standards for determining who is the predominant physical aggressor shall be
based on the following considerations:  (i) who was the first aggressor, (ii) the protection
of the health and safety of family and household members, (iii) prior complaints of
family abuse by the allegedly abusing person involving the family or household
members, (iv) the relative severity of the injuries inflicted on persons involved in the
incident, (v) whether any injuries were inflicted in self-defense, (vi) witness statements,
and (vii) other observations.

Family or household member – refer to the Code of Virginia.

Stalking – Any person who on more than one occasion engages in conduct directed at
another person with the intent to place, or with the knowledge that the conduct places,
that other person or that person’s family or household member in reasonable fear of
death, criminal sexual assault, or bodily injury (a Class 1 misdemeanor).

- Stalking behaviors include following a person to work,


home, and other places, parking outside home or office,
threatening notes or telephone calls, threats, or
computer-based on-line threats.

- A person who violates any provision of a protective order related to


stalking is guilty of a Class 1 misdemeanor.

IV. PROCEDURE

A. General Guidelines

1. Outside of the courthouse complex, deputies who encounter


activity consistent with a domestic dispute (among family or
household members) will report such activity to police dispatch
center as soon as practicable.

2
a. Establish radio contact with the responding officer and
provide appropriate information. (i.e. Specific geographic
location, potential threats and/or weapons involved, if any.)

b. If at all possible, do not intercede until the arrival of police;


however, if violence is or has occurred, or is imminent, the
deputy is authorized to immediately intercede by taking
action as appropriately.

c. At all times, be cognizant of officer safety issues and the


limits of authority. If violence has occurred, the deputy’s
role will be (1) to restore order; (2) render aid to the
injured; and (3) assist police.

d. The police officer will be the arresting officer. The deputy


will be available as a witness for court testimony purposes.

e. The deputy will complete an incident report of the event,


submitting it to administration.

f. Special note: In the Code of Virginia a statute provides for


arrest without warrant with regard to the alleged violation
of assault and battery against a family or household
member.

2. Confronting a violent scene while serving civil papers

a. If serving civil papers at a residence and deputies observe a


violent episode, they must be concerned for their own
safety as well as the disputants’. To minimize the
possibility of injury, stand to the side of the door and not in
front of windows when knocking. The unexpected may
occur when the door opens.

b. Deputies shall not accept statements from any disputant or


witness that a violent episode has not occurred when they
have some evidence that it has. Deputies shall not leave
without ascertaining the safety and condition of all
disputants.

c. If entry is refused into a residence where violence may be


occurring, deputies must explain that they must make sure
there are no injured persons inside. If no one responds to
knocking, deputies shall try to establish voice contact by

3
shouting for an answer. Deputies should stand by and
observe pending the arrival of the police.

d. Deputies may conduct a search of the premises to ensure


the safety of all parties if consent has been given to do so.
Although a consent search eliminates the need for a warrant
and for probable cause, such consent must e freely and
voluntarily given. If two people have joint ownership or
possession of a place or thing, EITHER ONE may give a
valid consent.

e. Deputies may also make a warrant less entry to conduct a


search if an emergency exists. Deputies must have a
reasonable belief that such an emergency does exist (ex.
Deputies believe that someone, perhaps children is in need
of emergency assistance).

f. Deputies are reminded that they have a lawful right to


investigate any situation, which they reasonably believe to
be an emergency.

g. Be aware that parties may make excited utterances, which


may have evidentiary value. Record these utterances when
practicable and note them in your report.

3. Inside of the Courthouse complex – deputies will quickly intervene


in disputes that become noticeably vocal, a heated exchange of
words or threatening behavior or actions on the part of any person.
If the argument is between persons who fall into the category of
family of household member, the following course should be
initiated:

a. Separate arguing family/household members;

b. Refer the parties to either: (1) appropriate counseling or


human assistance agencies; (2) the magistrate’s office; (3)
the police department; and (4) Office of the Victim/Witness
Coordinator.

c. If an assault occurs inside the courthouse, consistent with


domestic assault, the primary physical aggressor (also
known as the predominant physical aggressor) shall be
detained until the arrival of police officers. If appropriate,

4
the primary physical aggressor may be handcuffed, should
circumstances dictate.

d. If an assault occurs inside of a courtroom during an on-


going hearing or trial, the primary physical aggressor will
be immediately taken into custody. The presiding judge
will dictate the action(s) to be taken.

e. Should a person suffer injury, the proximate result of an


assault, the deputy will ensure that Martinsville EMS is
notified to respond. EMS will make any and all medical
transports.

f. If transportation to the magistrate is required, for the


victim, a deputy will be made available to provide
transportation. Transportation will also be made available
for a victim to seek shelter if necessary.

g. Any victim of a domestic assault in the above


circumstances shall be directed to the City of Martinsville
Victim/Witness Coordinator.

B. Arrests and Reporting

The Martinsville Police Department by virtue of its position


as the primary law enforcement agency in the City of
Martinsville will affect most if not all, criminal arrests. In
the event that unusual circumstances arise that would
dictate a custodial arrest by a deputy, the standard
arrest/transport procedures will be followed. The arrestee
would be transported forthwith to the magistrate.

Deputies will follow guidelines as contained in the Code of


Virginia regarding the arrest of violator. A complete
Sheriff’s office incident report shall be completed, detailing
the event and all actions taken by Sheriff’s office
personnel. The deputy will consult with the
Commonwealth’s Attorney regarding their actions
concerning a domestic assault arrest.

C. Arrests of law enforcement personnel

If the office is notified that a sworn or non-sworn employee


has been arrested for stalking or a domestic violence
offense, the employee receiving this information shall

5
notify their supervisor immediately. The supervisor shall
in turn notify their chain of command to the Sheriff.

Any deputy who has been arrested for stalking or a


domestic violence offense or who has been subject to a
protective order for these offenses shall be disarmed or
removed from access to sheriff’s office weapons. The
possibility exists that the employee’s issued weapon may
be evidence of an offense.

The Sheriff shall direct an internal criminal or


administrative investigation, as appropriate.

If the Sheriff learns that probable cause to arrest a


deputy exists, the Sheriff shall either direct an arrest
of the deputy and gather evidence (including taking
photographs) consistent with this general order; or
collaborate fully with another investigating agency.

The Sheriff may suspend the employee pending the


outcome of the investigation.

Suspended employees shall immediately turn in all


agency-issued weapons, vehicles, badges, and
identification.

If the investigation supports a violation of Sheriff’s


policy, the Sheriff shall take appropriate action
consistent with personnel rules. Further, if the
investigation confirms that domestic violence
occurred, the Sheriff may require counseling,
psychological evaluation, demotion, or termination of
employment.

Recently enacted Federal law states that any person


(including a law enforcement officer) convicted under
any state or federal law for a misdemeanor involving
the use, attempted use of physical force, or the
threatened use of a deadly weapon when committed
by a former spouse, parent or guardian of the victim,
a person sharing a child in common, or a cohabitant
of the victim (past or present), is prohibited from
shipping, transporting, possessing, or receiving
firearms or ammunition. The offense may have
occurred at any time. Law enforcement officers
convicted of offenses involving weapons or threats of

6
force may therefore be unable to maintain their
certification.

Note that deputies who are the subject of a protective


order shall not carry firearms. Deputies who are the
subject of a protective order shall turn in all agency-
issued weapons.

The Sheriff will ensure that any court orders or


injunctions are served on the employee at the agency.
The Sheriff shall ensure that legal papers are served in
a private setting so that supervisory personnel can
coordinate process service with counseling or
psychological services.

The employee’s supervisor shall monitor the


employee’s behavior. Upon service of any court
papers, the supervisor shall be present to review any
affidavits supporting any such papers. The supervisor
shall stay alert to behavior that may be unseemly or
indicative of problems requiring professional
intervention.

Employees are reminded that the Sheriff requires notification of


any civil or criminal action pending against them.

This policy supersedes all previous administrative directives.

7
GENERAL ORDERS

MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Automated External Defibrillators POLICY NUMBER: 1-33
EFFECTIVE DATE: 12/11/07 Number of pages 1-2
REVIWED ANNUALLY by Sheriff
REVISED DATE: 12/19/08, 9/1/14
Authorizing Authority: ________________________________
Sheriff

I. POLICY

The Martinsville Sheriff’s Office is committed to provide care and


assistance to anyone in need of emergency medical services. The Sheriff’s
Office has placed in designated areas Automated External Defibrillators (AED)
for the use in an emergency of an unresponsive/not breathing person in hopes that it
may aid in the saving of their life.

II. PURPOSE

This policy shall serve as a guideline for all employees in the operation of an
Automated External Defibrillators as a course of action to aid a first responder in a
medical emergency.

III. PROCEDURE

1. Perform initial assessment and establish the patient to be


unresponsive and not breathing.

a. The operation and use of the AED is to follow the protocol of


the American Heart Association.

b. The unit itself instructs the care giver with step by step
recorded prompts.

VI. TRAINING

Training in the use of the equipment is provided to all full time


sworn employees of the agency every other year by a certified
instructor of the American Heart Association.

1-33 1
V. TESTING

All AED units are tested monthly and recorded for their
readiness for immediate use.

This policy supersedes all previous administrative directives.

1-33 2
MARTINSVILLE GENERAL ORDERS
SHERIFF'S OFFICE
SUBJECT: Body-Worn Cameras (BWC’s) POLICY NUMBER: 1-34
EFFECTIVE DATE: 05/1/18 Number of Pages 1-6
REVIEWED ANNUALLY by Sheriff

Authorizing Authority: ________________________________


Sheriff

POLICY:

Deputies of the Martinsville Sheriff’s Office shall activate the body-worn cameras
(BWCs) when such use is appropriate for the proper performance of his/her official
duties and when such camera recordings are consistent with department policy and the
law according to the Code of Virginia. The uses of such cameras are intended to enhance
transparency and accountability. This policy does not govern any other recording devices
used other than the department issued BWCs.

PURPOSE:

This policy is intended to provide Martinsville Sheriff Deputies with instructions on


when and how to use BWCs. BWCs will accurately record official duties, actions
performed by deputies, and capturing normal and unusual activities usually encountered
in daily operations involving jail and civil duties. BWC’s recorded material captured may
also be used for investigative purposes and court proceedings. The use of BWCs may
result in reducing the number of complaints against deputies and or frivolous lawsuits
that may occur against the Martinsville Sheriff’s Office. This procedure also sets forth
guidelines for the management, storage, release, and retrieval of audiovisual media
recorded by the BWCs.

PROCEDURE:

1. General Use:

a. Documentation of inmate encounters, public contacts, incidents involving


unusual happenings, transports, and normal job duties.
b. Aiding in report accuracy, and or courtroom testimony.

1-34 1
c. Identifying and correcting department issues including policy compliance,
officer safety, tactical issues, communications with inmate/public, and
customer service.
d. Enhance department training.

2. Deputies who are assigned BWCs shall complete a department approved training
program to ensure proper use and operation. Additional training may be required
to ensure the continued effective use and operation of equipment, proper
calibration and performance, and to incorporate changes, updates, or other
revisions in department policy and equipment.

3. Procedures or equipment shall be put in place to ensure officers do not edit, alter,
or erase video/audio recorded by BWCs.

EQUIPMENT:

1. Department issued BWCs shall be for official departmental use only and shall not
be used for non-work related or personal activities.

2. Deputies shall use only those BWCs issued by the department. The wearing of
personally owned BWC equipment or audio/video recording equipment shall not
be permitted.

3. BWCs shall be issued to all designated department personnel and be available for
specific certified part time deputies within the department for certain job
assignments. Deputies shall not use BWCs or equipment assigned to other
deputies.

4. Intentional misuse or abuse of BWC equipment may result in disciplinary action.

OFFICER RESPONSIBILITY:

1. Prior to the beginning of his/her shift, deputies shall wear their assigned BWC at
all times (mandatory) and conduct an operational check and inspection to ensure
maximum performance.

2. Any BWC equipment malfunction shall be immediately documented and reported


to his/her supervisor as soon as practical.

3. Deputies shall activate the BWC during each inmate/public encounter related to
their job duties. Such duties include but are not limited to making rounds in the
jail, responding to jail altercations or incidents, irate arrestees, inmate interactions,
serving civil papers, public interactions, traffic infractions, traffic accidents,
transports, etc.

1-34 2
4. Deputies shall monitor the position of the BWC on his/her body if practical to
ensure the BWC is not capturing improper footage (ex. ground, floor, ceiling, sky,
deputy’s arm, etc.).

5. Deputies will note in incident reports or in related reports when video recordings
were made. BWC recordings shall not be a replacement for written reports.

6. If a deputy fails to activate the BWC, fails to record the contact or incident
entirely, or interrupts / mutes the recording, the deputy shall document the reason
why.

7. Deputies shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute
in any manner BWC recordings without prior authorization and approval of the
Sheriff or designee.

8. Deputies shall not permit civilians to review recordings without strict


authorization of the Sheriff or designee.

9. Deputies can review, rename, and categorize their own recordings for incident
report writing, investigative means, and evidentiary purposes. If your recording
will be used for evidentiary purposes (ex. court, inmate hearing, etc.), please
make sure to categorize your video with the proper category offered in the drop
down menu. Please pick the appropriate category offered in accordance with the
type of video you have recorded.

10. Deputies will download recordings as instructed and trained at the end of your
shift or as soon as possible. BWCs and equipment should be charged accordingly
at the end of your shift or as soon as possible. Deputies are to mark specific time
areas of incidents recorded during this procedure or as instructed by a supervisor.

11. At the end of your shift, deputies shall conduct an operability inspection and
report any issues to their supervisor.

12. Deputies who are assigned a BWC will take measures to keep such equipment
clean and operational at all times.

13. Deputies who accidentally record video of a personal nature (ex. restroom uses,
getting dressed/undressed, etc.), make sure you let command staff know
immediately so that downloaded video can be restricted and deleted in a timely
manner. Male officers need to inform a male command staff member and female
officers need to inform a female command staff member only.

14. Court bailiffs will be excused from wearing his/her BWC while performing their
duties inside the courtroom during normal court hours. Administrative personnel
will comply with wearing his/her assigned BWC unless otherwise instructed
differently by the Sheriff and/or Chief Deputy.

1-34 3
SUPERVISION RESPONSIBILITIES:

1. Ensure deputies are using their BWCs in accordance with the departments’ policy
and procedures, and training given.

2. Supervisors make sure your deputies are categorizing their downloaded videos
accordingly by adding the category given to describe the best type of video they
have recorded. The selection of the proper category will set the appropriate
schedule for deletion event.

3. Review recorded video and re-categorize for indefinite retention if any complaint
or incident is associated with such recorded event; or if the deputy has reason to
believe an incident may generate a complaint.

4. Supervisors may change the category previously selected by his/her deputy if an


incorrect category was entered by the deputy on any previous downloaded video.

5. Review selected recordings if practical to ensure officer performance as well as


identify video recordings that may be appropriate for training purposes.

6. Supervisors may restrict a deputy from viewing a video recording if a deputy is


suspected of wrongdoing and or involved in any misuse of such power given to
them. Supervisors need to let command staff know as soon as possible so any
video involved in such an incident can be restricted and kept from deletion.

7. The command staff or designee shall randomly view BWC video(s) to ensure
proper measures are taken to enforce misconduct, wrongdoing, or misuse of such
authority given to them by the Sheriff and/or for any policy violations set forth.

PRIVACY and RESTRICTED USE:

1. BWCs shall not be used during the searching of inmates or arrestees upon
entering the jail, dressing inmates for population, or inmates/arrestees suspected
of having unknown contraband upon their person.

2. BWCs shall not be used when work crew inmates return to the annex from their
assigned duties, or when the inmate is suspected of having contraband upon their
person.

2. Whenever practical, deputies shall inform individuals that they are being recorded
especially regarding encounters with the public.

3. In locations where individuals have a reasonable expectation of privacy, such as a


civilian residence or any location in which the individual deems to be private in
nature to them.

1-34 4
4. Communications with other law enforcement personnel without the permission of
the Sheriff or designee.

5. Communications involving department or other agency law enforcement tactical


and strategic policy, procedures, or plans.

6. Appearing before the magistrate.

7. When fellow deputies are on break or otherwise engaged in personal activities.

8. In any restroom or locker rooms.

9. Deputies will comply with individual federal, state, and local courthouse policies
regarding the wearing of BWCs within respected courthouses.

10. Law enforcement deputies shall comply with medical facility policies pertaining
to video and audio recordings.

11. BWCs will not be used inside the jails medical department during any medical
care or examination given by the jail physician and/or medic at any time.

ACCESS:

1. The BWC equipment and all data, images, sounds, video, and metadata captured,
recorded, or otherwise produced by the equipment shall be the exclusive property
of the Martinsville Sheriff’s Office.

2. All access to BWC data must be specifically authorized by the Sheriff or


designee.

3. Deputies may be permitted to review video footage of an incident in which they


were involved, prior to preparing a report of making a statement about the
incident.

4. All access is to be audited to ensure that only authorized users are accessing the
data for legitimate and authorized purposes.

5. Freedom of Information Act (FOIA) and media requests of video shall be


submitted to the city attorney or his/her designee and shall comply with
requirements of Title 2.2 of the Code of Virginia. Provisions will be made
for blurring the image of individuals or the personal identifying
information (ex. addresses, facial identifiers, etc.) of those not involved in
the law enforcement act at question prior to releasing the video to the
media or the individual making the FOIA request.

1-34 5
6. Deputies requesting video for court must make such requests through the designee
in a timely manner prior to such court date.

7. Court personnel (ex. representatives from the Office of the


Commonwealth’s Attorney, Virginia Indigent Defense Commission, and
the private defense bar) may request videos for trial through the Sheriff or
designee.

VIDEO RETENTION:

1. Video retention shall be placed on a 30-day schedule for deletion if there is


no evidentiary value to the department, courts, and or deputy(s). The
command staff or designee shall monitor and set a permanent retention
schedule for video used for evidentiary value or when such video may be
downloaded for court proceedings. A copy of a video on disc may be
requested by the deputy who recorded such video, or may be requested
by the Commonwealth Attorney, or by any outside private
attorney/public defender defense bar who through proper court
documents request such video to be recorded on a disc.

2. All video used for opposite sex transports (ex. male officer transporting
female inmate, female officer transporting male inmate) shall be kept in
storage with no retention set for any unforeseen events that could present
itself in any future date/time.

3. If a video is re-classified to a different category (ex. non-evidentiary to


evidentiary) the video will not be subject to deletion based on the new
category requested. However, such requests by an officer should be in a
timely manner so the video needed may not be scheduled for deletion as
once labeled or has met the deletion schedule and now is unable to
retrieve.

4. Once evidentiary video is completely used and is no longer required by


the courts legal system; with all means of defense measures being
exhausted, then such video may be set for deletion from any stored area it
may reside in.

This policy supersedes all previous administrative directives.

1-34 6
MARTINSVILLE GENERAL ORDERS
SHERIFF'S OFFICE
SUBJECT: Nasal Naloxone (Narcan) POLICY NUMBER: 1-35
EFFECTIVE DATE: 1/4/19 Number of Pages 1-7
REVIEWED ANNUALLY by Sheriff

Authorizing Authority: ________________________________


Sheriff

POLICY:

It is the policy of the Martinsville Sheriff’s Office that all deputies are required
training in the use of the Nasal Naloxone (Narcan) by appropriate trained
authority. The objective of the deputy shall be to provide immediate assistance
via the use of Nasal Naloxone (Narcan), where appropriate, and to provide any
treatment commensurate with his/her training as first responders, to assist other
police/EMS personnel, on scene, if needed, and to handle any other incidents
that may arise in the jail, courts, civil domain, or any other setting which would
involve the Martinsville Sheriff’s Office personnel. In order to reduce the number
of fatalities which can result from opiate overdoses, the Martinsville Sheriff’s
Office will train its deputies in the proper training of the Nasal Naloxone
(Narcan).

PURPOSE:

The purpose of this policy is meant to provide guidance to deputies in the use of
Nasal Naloxone (Narcan) to reduce the possibility of fatalities which can occur as
a result of opiate overdose emergencies, and to establish guidelines and
regulations governing the utilization of the Nasal Naloxone (Narcan)
administered by the Martinsville Sheriff’s Office.

PROCEDURE:

A. Definitions:

Opiate: An opiate is a medication or drug that is derived from the opium


poppy or that mimics the effect of an opiate (a synthetic opiate). Opiate drugs
are narcotic sedatives that depress activity of the central nervous system,

1-35 1
reduce pain, and induce sleep. Commonly encountered opiates include but
are not limited to:

1. Morphine
2. Methadone
3. Codeine
4. Heroin
5. Fentanyl
6. Oxycodone (OxyContin, Percocet, Percodan)
7. Hydrocodone (Vicodin)

Naloxone: Naloxone is an opioid antagonist that can be used to counter the


effects of opiate overdoses. Specifically, naloxone can displace opioids from
the receptors in the brain that control the central nervous system and
respiratory system.

B. Deployment of Naloxone:

When a deputy of the Martinsville Sheriff’s Office has made a good faith
determination, prior to EMS arrival that the individual in question is
suffering from an opiate overdose, the responding deputy should administer
4ml of Naloxone by way of the nasal passage only into one nostril.

Pre-observation Assessment:

1. Assess the individual in question before administering any aid


according to first responder guidelines. Consider statements from
witnesses and/or family members regarding the individual’s drug
use.

2. Deputies shall use universal precautions prior to administering aid.

3. Individual in question should be unresponsive, and have reduced


respirations possibly attributed to an opioid overdose.

4. Deputies can ensure unresponsiveness and reduced respirations by


calling out to the individual and performing some type of noxious
stimulus (sternum rub, pressure point, etc.).

5. Deputies shall inform and update 911 Center of individuals


potential overdose state.
6. 911 Center will inform and update appropriate Fire/EMS
personnel of individual’s status.

1-35 2
7. Deputies will start administering CPR if the individual is showing
signs of not breathing. Proper CPR equipment or equivalent shall
be used prior to starting any rescue breaths.

8. Deputies shall examine the individual for possible


contraindications for intranasal administration of Naloxone (ex.
facial trauma, nasal obstruction, bloody nose).

9. Deputies shall administer the Naloxone per Martinsville Sheriff’s


Office training. The deputies shall use the nasal mist adapter that is
pre-attached to the Naloxone kit to administer a 4ml dose of
Naloxone into one nostril. Deputies should be aware that a rapid
reversal of an opiate overdose may cause projectile vomiting
and/or violent behavior.

10. Deputies shall return to rescue breathing/CPR until spontaneous


respirations are restored.

11. If spontaneous respirations do not return after 3-5 minutes,


deputies should give a second dose of Naloxone per training
procedures.

12. If you need to administer the second dose of Naloxone on the


individual, make sure you administer it in the opposite nostril as
the first dose. If a third dose is needed, make sure to revert back to
the first nostril before administering the Naloxone.

13. When respirations are restored, deputies shall move the victim into
the recovery position, on their side, to prevent aspiration in the
event of vomiting.

14. Deputies shall note the time of naloxone administration to inform


Fire/Rescue/EMS personnel.

15. Deputies shall continue to monitor the individual until the


ambulance arrives and the individual is transferred to emergency
medical personnel for further evaluation and treatment.

16. The treating deputy shall inform EMS immediately upon arrival of
the treatment rendered and condition of the individual. The
treating deputy shall not relinquish care of the individual until

1-35 3
relieved by proper medical personnel or any persons with a higher
level of medical training.

17. The atomizer can be disposed of in regular household/department


trash.

C. Reporting:

Upon treating a patient with nasal naloxone, the deputy shall submit a report
detailing the nature of the incident, the care the individual received and the
fact that the nasal naloxone was deployed. The report shall be completed
before the end of your shift or prior to leaving once your work day is
completed. Please be sure to attach the completed form attached hereto with
your completed incident report.

D. Equipment and Maintenance:

1. It shall be the responsibility of deputies to inspect the nasal naloxone


kits prior to the beginning of each shift to ensure that the kits are
intact.
2. Nasal naloxone kits shall be returned to the designated storage area at
the end of each shift.
3. Damaged equipment shall be reported to the shift supervisor
immediately who in turn shall report the issue to Administration or
designee.
4. Administration will maintain a sufficient supply of nasal naloxone kits
to meet the needs of the Martinsville Sheriff’s Office along with a
written inventory documenting the quantities and expirations of
naloxone replacement supplies, and a log documenting the issuance of
replacement kits.

E. Replacement:

Supervisors shall immediately replace nasal naloxone kits that have been
used during the course of a shift and shall note of the replacement in the
written inventory as maintained by administration.

F. Training:

Deputies shall receive a standard training course administered by the


Martinsville Police Department, in conjunction with an appropriate training

1-35 4
provider prior to being allowed to carry and use nasal naloxone. The
Martinsville Sheriff’s Office shall provide subsequent training hereafter as
required by the department or provider.

This policy supersedes all previous administrative directives.

1-35 5
1-35 6
1-35 7
MARTINSVILLE GENERAL ORDERS
SHERIFF'S OFFICE
SUBJECT: Tek84 Intercept Full Body Scanner POLICY NUMBER: 1-36
EFFECTIVE DATE: 8/17/21 Number of Pages 1-7
REVIEWED ANNUALLY by Sheriff

Authorizing Authority:
________________________________
Sheriff

PURPOSE:

To establish guidelines for the safe operation of the Intercept Body Scanner in the
detection of metallic and non-metallic contraband hidden both on a person and/or
inside the body of a person booked into the Martinsville City Jail for safety and
security reasons.

POLICY:

It is the policy of the Martinsville Sheriff’s Office to have guidelines in place that
allow for the safe operation and disposition of the results of the Intercept Body
Scanner.

The policy of the Martinsville Sheriff’s Office is that searches shall be used when
deemed appropriate and necessary to ensure facility security and the safety of jail
personnel, visitors and inmates.

It is incumbent upon female staff to notify the Shift Supervisor in writing that
they are pregnant or suspect that they are pregnant or any staff that may have a
medical condition that would prohibit them from operating or be in close
proximity to the Intercept Body Scanner while it is in operation.

The Intercept Body Scanner will not be used to scan any person at the request of
any law enforcement agency for the sole purpose to determine if that person is
concealing any contraband on or in his/her person.

DEFINITIONS:

1-36 1
Body Scan: X-ray technology used to produce an image revealing the presence
of contraband concealed on or inside of a subject.

Body Scan Device: A stationary system for obtaining full height radiographic
images of a person to detect any kind of weapons, explosives, drugs, precious
stones and metals either concealed under the clothes, swallowed or hidden in
anatomical cavities of the human body without causing harm to the scanned
person.

Dose: The quantity of radiation or energy absorbed. 2 micro Sieverts per 4


second scan. On low dose scan, a person can be scanned up to 1,000 times per
year. On a high dose scan, a person can be scanned 240 times in a year.

Exposure: A term defining the amount of ionizing radiation that strikes living or
inanimate material. The Federal Drug Administration (FDA) definition is found
at 21CFR 1020.40(b)(5).

Radiation: Radiation is the process in which energetic particles or waves travel


through a medium or space. There are two distinct types of radiation; ionizing
and non-ionizing. X-Radiation (X-Ray) is an ionizing radiation.

Radiation Safety Officer: Designated individual who will maintain and


supervise the Radiation Safety Program and will coordinate the safe operation of
the INTERCEPT Body Scanner in compliance with Local, State and Federal
regulations.

Radiation Survey: Measurement of the X-radiation equivalent dose rate at the


external surfaces of the body scan device, the personnel work station (s), the
boundaries of the working zone and in adjacent rooms if applicable.

X-Ray: Also referred to as x-radiation, is a form of electromagnetic radiation


similar to light but of shorter wavelength and capable of penetrating solids and of
ionizing gases.

PAT DOWN (SEARCH): The systematic physical action conducted by a sworn


officer of searching an inmate. The action consists of a thorough feel, squeeze
and or rub type action to determine if and find items on, in, or within/under
clothing or concealed upon the inmate’s person while maintaining a reasonably
safe and secure position.

STRIP SEARCH: An examination of an inmate’s naked body for weapons,


contraband, and physical abnormalities, this also includes a thorough search
of all of the individual’s clothing while it is not being worn.

PROCEDURE:

1-36 2
Admission:

1. As soon as an arrestee is brought into the facility, the following will occur:

a. Remove all items from arrestee’s pockets.


b. Remove all jewelry, belt, hat, coat, shoes, sweatshirts or other
incidental items, if worn.
c. Conduct a pat search of the individual
d. Conduct the Intercept Body Scan. Upon completion of body
scan subject will be checked by medical for clearance.
f. Once medically cleared, complete the paperwork process for in-
take.

TRAINING:

No person(s) shall operate the INTERCEPT Body Scan without first receiving
MSO certified training.

All training records for the operation of the INTERCEPT Body Scan will be kept
in the Accreditation Office. A list of certified operators will be kept by the
Scanning Station.

Training will consist of: design, purpose, controls and malfunction diagnostics.

No person(s) shall be exposed to the scanner beam for frivolous purposes. No


person(s) will be exposed to the scanner beam for demonstration purposes unless
approved by the Jail Administrator or his designee. All scans must be for
legitimate safety and security reasons.

No person(s) shall abuse or misuse the body scanner in any way.

Refresher training will be provided on the use of the body scanner at least once
every 12 months.

INSPECTION and MAINTENANCE:

Qualified staff members will conduct a system check of the device prior to use.

1. Inspect the device for obvious damage.

2. Ensure all access panels are securely in place.

3. Ensure all accessible (external) cable connections are secure.

1-36 3
4. Verify the “POWER ON” light is lit.

5. Record the check in the log book.

6. The INTERCEPT Body Scanner will be inspected after installation


and bi-annually thereafter.

7. Inspections of the scanner will occur any time an incident occurs


that may have damaged the system.

EMERGENCY PROCEDURES:

1. Will be completed in accordance with manufacturer’s instructions.

GUIDELINES:

PACEMAKERS AND OTHER MEDICAL DEVICES

There is no FDA published material indicating the use of the body scanner will
adversely affect implanted medical devices, such as a pacemaker. A
person who claims to have such a device may first be examined by medical staff
prior to a scan. However, the presence of such a device should not
preclude the use of the scanner, unless other circumstances known to medical
staff or jail staff indicate otherwise.

SCANNER SYSTEM SAFETY AND OPERATING PARAMETERS:

1. Any safety issues related to the INTERCEPT Body Scan Device


will be immediately reported to the Shift Supervisor and the
Radiation Safety Officer.
2. Operators shall use the device in a responsible manner, in
accordance with policy and manufacturer’s operating instructions.
3. The operator’s manual for the device will be kept in close
proximity to the operator’s work station.
4. Unauthorized persons (other than service personnel) are not
allowed within the working zone while a scan is being conducted.
5. The Intercept Body Scanner may be utilized on all arrestees, un-
sentenced inmates, sentenced inmates and other jurisdictional
transfers entering the jail.
6. Any state inmate that arrives to the facility for court or on new
criminal charges.

1-36 4
7. Any inmate that has a contact visit with family members, attorneys
or others not of the Law Enforcement profession may be scanned.
8. An inmate being held for another agency, with no local charges
may be scanned.
9. Female inmates claiming to be pregnant will not be scanned, but
will be placed in a holding cell until such time it is
determined by medical staff that they are not pregnant. If not
pregnant, the female will be scanned prior to placing in population.
If pregnant, alternate search methods will be conducted.
10. Juveniles under the age of 17 will not be scanned.
11. Individuals who are unable to stand on the equipment properly due
to being under the influence of alcohol or drugs, will not be
scanned. They will be placed in holding cell until such time they
are able to be scanned. They will not be released to population
until the scan has been completed.
12. Individuals under arrest that have a medical issue that prevents a
body scan from being conducted (wheelchair, etc.) will have
alternate search methods conducted.

INTERCEPT BODY SCANNING:

1. Arrestees/Inmates are instructed by the jail staff on the proper


manner in which to enter the Body Scan machine for scanning. No
property other than held shoes will be allowed in the scanner.
2. Each Arrestee/Inmate is instructed to stand on the Intercept
platform and place each foot on the footprints and remain still until
the scan is complete.
3. If the inmate’s shoes are to be scanned, the inmate will hold their
shoes in their hands with the soles facing backward while being
scanned.
4. The operator will enter all inmate information into the machine and
will start the scan.
5. Any scanning dosage greater than .75 uSv will require a supervisor
approval. Each time an inmate is scanned, the scanner will record
the scan in its database and will keep a record of how many times
that inmate is scanned over a period of time and at what dosage.
6. The scans will be conducted in a professional and courteous
manner. At no time will any derogatory comments or jokes be
made concerning any scan. No officer will make any suggestive
statements regarding medical conditions/issues or regarding
physical stature. The image is to be viewed only by authorized
staff and the results are to be discussed with authorized personnel
only.

1-36 5
7. Images will not be stored on any device or copied in any manner,
except for the Intercept image drive, unless authorized by the Jail
Administrator or Designee.

DETECTION OF CONTRABAND:

If the scanning process reveals an object that is clearly identifiable as a


weapon, drugs, or other contraband the following procedures will be
followed:

1. Instruct the inmate to step off the scanner platform and


immediately secure the inmate.
2. Immediately notify the Shift Supervisor.
3. If a weapon or weapons have been detected, the weapon(s) will be
removed immediately from the inmate’s possession.
4. In the event a different type of contraband is detected (i.e. ingested
drugs, etc.) Medical Staff and/or Shift Supervision will plan to
have the inmate transported immediately to an approved medical
facility.
5. If medical determines the contraband does not pose a life-
threatening situation to the inmate, the inmate will be asked again
to remove the contraband. If the inmate refuses to or cannot
remove the item(s), Body Cavity Search protocols may be
initiated. The inmate will be placed in a dry holding cell (limited
water access) until such time as a warrant can be obtained and/or
the inmate is transported to the approved medical facility for a
Body Cavity Search.
6. If an inmate is placed in a Dry Cell, the inmate will be checked, at
a minimum every half hour (30 minutes) by medical and/or jail
staff. The checks will be documented on the round sheet. The
placement will be reviewed within the first twelve (12) hours and
every twelve (12) after not to exceed 48 hours.

7. Any contraband that is obtained is to be handled in accordance


with our policy and procedures.
8. Once contraband has been detected, the following will be
completed by the Staff Member conducting the scan. The results of
the scan shall be documented in an incident report and forwarded
to the Shift Supervisor. The following information shall be
recorded in the incident report.

a. Time, date, and location of scan


b. Scan Number
c. Person conducting the scan
d. Reason for search

1-36 6
e. Name of inmate being scanned

f. Name of other departmental personnel involved


g. Any items found during the search
h. Conclusion (Body Cavity Search, Contraband is
passed, etc.)

9. Images showing no contraband will be deleted from the computer


after one year by an administrator.

HOUSED INMATES:

To prevent the introduction, transfer or concealment of weapons, drugs


and contraband inside the facility, any inmate may be scanned at any time.
No specific articulable facts are required beyond the routine security
precautions necessary to safeguard the safety and security of the facility
and the health, welfare of staff, visitors, the surrounding community and
the inmate population.

The following are included:

1. Inmates returning from courts, outside medical appointments or


inmate transfers from other institutions.

2. Any inmate that enters the facility from outside detail.

Failure to comply with Policy/Procedures of the Intercept Body Scanner, as


written, may result in severe disciplinary actions up to and including
immediate termination.

This policy supersedes all previous administrative directives.

1-36 7
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: OATH OF OFFICE POLICY NUMBER: 2-1.1
EFFECTIVE DATE: 6/25/07 Number of pages 1-2
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 11/9/16 Authorizing Authority: ____________________________
Sheriff

POLICY
 
Upon selection for employment in a sworn capacity within the Office of the
Sheriff of the City of Martinsville, the candidate for employment shall be
administered the oath of office as prescribed by the Code of Virginia.
Additionally, the candidate shall be provided with a copy of the Code of Ethics as
promulgated by the National Sheriffs Association. The candidate will be required
as a condition of employment to endorse and abide by the contents of the Code of
Ethics.
 
II. PURPOSE
 
To provide written directive for the empowerment of sworn employees through
the official oath of office. This written directive shall also prescribe that all
employees abide by the Code of Ethics.
 
III. PROCEDURES
 
A. General
 
1. Upon assuming sworn status as an employee of the City of
Martinsville Sheriff's Office, the selected candidate for
employment will be sworn in to office at the time and location
designated by the Sheriff.
 
2. An official so designated to perform such ceremony by the Code of
Virginia shall administer the Oath of Office.
 
3. The content of the Oath of Office shall include, at a minimum, the
wording required by the Code of Virginia.
 

2-1.1 1
B. Code of Ethics
 
1. A copy of the Code of Ethics shall be provided to the selected candidate
for employment. The candidate shall be required to abide by the Code of
Ethics and shall indicate such intention by signature.

This policy supersedes all previous administrative directives.

2-1.1 2
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: ORGANIZATION OF MANUAL POLICY NUMBER: 2-2.1

EFFECTIVE DATE: 9/1/06 Number of pages 1-4


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 5/8/08 Authorizing Authority: ____________________________
Sheriff

I. POLICY

It is the policy of the Martinsville City Sheriff’s Office to provide the most effective
and safe delivery of services to the public. Administrators are obligated to train,
supervise, and guide personnel in performing a variety of tasks. To meet these
obligations, agencies must manage themselves according to written orders. A manual of
policies, rules, and procedures guides the day-to-day legal and ethical functioning of a
service agency. To that end, this manual furnishes a blueprint for the performance of
Sheriff’s Office activities to established standards of state accreditation. Each employee
of the Sheriff’s Office shall review written orders. Employees using an established form
shall acknowledge receipt of review of written directives or policies and how to access
them.

II. PURPOSE

This regulation outlines the organization of the manual, its authority, and defines
three kinds of statements that appear in general orders and rules and regulations:
policy, rule, and procedure.

III. DEFINITIONS

A. Policy

A policy is a statement of the office’s philosophy on a given issue. Policy


consists of principals and values that guide the performance of office
employees. Further, policy is based upon ethics, experience, the law, and
the needs of the courts.

1. Each rule or regulation or general order will begin with an agency


policy statement.

2-2.1 1
2. Only the Sheriff determines policy and has the authority to issue,
modify, or approve agency written directives.

B. Rule

A rule is a specific prohibition or requirement governing the behavior of


employees.

1. Rules permit little if any deviation there from. Violations of rules


normally result in administrative discipline.

2. Rules appear in both general orders and rules and regulation.

C. Procedure

A procedure defines a method of performing an operation or a manner of


proceeding on a course of action. It differs from policy in that it directs
employees’ actions in performing specific tasks within the guidelines of
policy.

1. Unlike rules, a failure to follow a procedure may result in


administrative discipline. Procedures constitute the agency-
approved guide to performing tasks. Employees may depart from
procedures only when, in their professional judgement, the
situation warrants. Employees must be prepared to justify their
actions.

2. Procedures appear mostly in general orders and to a lesser extent


within rules and regulations.

D. Memorandum

A memorandum provides useful, specific information to employees not


amounting to a formal order or constitutes a directive affecting specific
behavior for a specific event or period of time, and is usually self-
canceling.

1. Memoranda are not part of this manual. Memoranda may be issued


by the Chief Deputy/Sheriff or by other personnel or agencies.

E. Manual

A manual is a collection of rules and regulations and general orders of the


Office.

2-2.1 2
IV. ORGANIZATION OF THE MANUAL

A. The manual is divided into two components: rules and regulations, and
general orders.

1. A rule and regulation, which contains rules primarily, as defined


above, is an administrative order governing organizational matters,
e.g., leave policy, off duty employment, and promotions.

a. Because they contain many rule statements, rules and


regulations permit little if any deviation there from.
Violations of rules and regulations normally result in
administrative discipline.

b. The Sheriff issues rules and regulations.

2. A general order, which contains procedures primarily, is an


administrative order governing operational matters, e.g., use of
force, transportation of prisoners and other security services.

a. Because they contain many procedural statements, general


orders permit a window of discretion. While violations of
general orders may result in administrative discipline, the
agency recognizes that an employee may depart from
procedures only if the circumstances warrant, in the
employee’s professional opinion. Employees must justify
their actions accordingly.

The Sheriff issues general orders.

B. General orders are numbered consecutively, preceded by “1-( ).”


Rules and regulations are numbered consecutively “2-( ).” Individual
pages are numbered consecutively.

1. Example

1-5.1-4 (1 signifies the General Order category; 5 signifies order


number 5, and 1-4 means number of pages in that particular
general order.)

C. No general order or rule and regulation are valid unless signed by the
Sheriff.

2-2.1 3
D. Within the context of any directive, the use of the word “shall” denotes an
action or behavior that is mandatory and unequivocal. The words “may”
or “can” denote an action or behavior that is discretionary.

E. Any member of the office may suggest or recommend changes to the


Sheriff concerning the policy manual.

1. The process for developing directives is outlined in 2-3.

F. Location of Manual

1. Each employee shall have access to a copy of the policy and


procedures manual upon his/her employment and sign a receipt.

2. A hard copy of the manual shall be maintained in the Sheriff’s


main office and on all desk tops of department computers.

This policy supersedes all previous administrative directives.

2-2.1 4
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: DIRECTIVES POLICY NUMBER: 2-3.1

EFFECTIVE DATE: 9/1/06 Number of pages 1-2


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 5/9/08 Authorizing Authority: ____________________________
Sheriff

I. POLICY

To achieve its objectives, the office must develop sound, written directives which
govern all activities accordingly. Written directives include all written guidance
issued by an appropriate authority. Written directives help office employees
perform their jobs with confidence to meet management’s expectations. Through
consistently applied and regularly revised orders, management promotes high
standards of performance while reducing employees’ doubts, confusion, anxiety,
and distrust. This order describes the formal process by which directives are
devised and evaluated.

II. PURPOSE

To outline the process of drafting and evaluating written directives.

III. DEFINITION

A. Directive

Any written order for the purpose of this Rule and Regulation, “policy”
is synonymous with “directive” and is issued only by the Sheriff or his
designee.

IV. PROCEDURES

A. The Sheriff is the office policymaker and will consult with supervisory
personnel and senior deputies periodically to revise, review, and evaluate
directives. Office directives are embodied within General Orders and Rules
and Regulations.

1. The Sheriff and Chief Deputy shall conduct an immediate audit


following any critical incident to review the applicability of office
orders to the incident, to analyze how applicable orders helped or
hindered the resolution of the incident, and to recommend changes to

2-3.1 1
existing orders. The audit shall include an examination of how policy
is enforced through training and supervision.

B. General Orders and Rules and Regulations shall be drafted with the
following considerations.

1. Determine the employee’s objective in performing tasks or


activities covered by the order.

2. Identify the problems the employee is likely to encounter when


making decisions to reach the objective.

3. Ensure that the order is positive, definitive, clear, and readily


understood by all employees.

4. Aim for permanency while promoting flexibility.

5. Endeavor to address all reasonably foreseeable conditions.

6. Ensure that orders are founded upon facts and sound judgment.

7. Ensure that orders are compatible with the public interest and
conform to the law.

8. Ensure that employees understand that all orders provide a guide to


action in recurring situations. Orders cannot possibly address every
circumstance.

9. Ensure that the components of a written order (policy statements,


rules, procedures) follow the definitions given under RR 2-2,
particularly in outlining the limits of deputies’ discretion.

This policy supersedes all previous administrative directives.

2-3.1 2
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: STANDARDS OF CONDUCT POLICY NUMBER: 2-4
EFFECTIVE DATE: 06/08/07 Number of pages 1-23
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 02/10/09, 2/15/17, 11/14/19, 6/9/21, 4/20/22 Authorizing Authority: ____________________________
7/20/22 Sheriff

I. POLICY

It shall be the policy of the Sheriff’s Office to require all employees to adhere to
standards of conduct as contained within this order. This policy does not seek to
describe every possible expectation that is incumbent upon the judgement and
deportment of a public official, such as a member of the Sheriff’s Office.
However, employees are charged with exercising good judgement, due regard and
common sense in the performance of official duties, their dealings and
interactions with the public and with fellow employees.

The basic standard of job performance that shall be required of every employee of
the Sheriff’s Office is that every employee must perform their assigned tasks with
competency in adherence to all laws of the Commonwealth of Virginia and
Ordinances of the City of Martinsville. The Code of Ethics of the Office of the
Sheriff shall be applicable and binding to every sworn employee of the Sheriff’s
Office.

Founded violation(s) of any portion of this policy shall subject the employee to
disciplinary action as deemed appropriate by the Sheriff.

II. PURPOSE

To identify and define the expectations of personal behavior, on and off duty, for
employees of the Sheriff’s Office.

III. DISCUSSION

The citizens of the City of Martinsville place an immeasurable quantity of trust


and high expectation in the employees of the Office of the Sheriff. The function
and responsibilities of this Office are of vital nature to the City and the
Commonwealth. As sworn employees possessing the authority to effect arrests
and seize property, this policy is essential to establish and maintain our

2-4-1 1
professional credibility and efficiency. The mandates of this policy are not overly
burdensome or dictatorial. They are reflective of what the people of the City of
Martinsville expect in their criminal justice practitioners. As servants of the
people, we are bound to obey these expectations.

IV. CODE OF ETHICS OF THE OFFICE OF THE SHERIFF

As a constitutionally elected Sheriff, I recognize and accept that I am given a


special trust and confidence by the citizens and employees whom I have been
elected to serve, represent and manage. This trust and confidence is my bond to
ensure that I shall behave and act according to the highest personal and
professional standards. In furtherance of this pledge, I will abide by the following
Code of Ethics.

I shall ensure that I and my employees, in the performance of our duties, will
enforce and administer the law according to the standards of the U.S. Constitution
and applicable State Constitutions and statutes so that equal protection of the law
is guaranteed to everyone. To that end I shall not permit personal opinions, party
affiliations, or consideration of the status of others to alter or lessen this standard
of treatment of others.

I shall establish, promulgate and enforce a set of standards of behavior of my


employees which will govern the overall management and operation of the law
enforcement functions, court related activities, and corrections operations of my
agency.

I shall not tolerate nor condone brutal or inhumane treatment of others by my


employees nor shall I permit or condone inhumane or brutal treatment of inmates
in my care and custody.

I strictly adhere to standards of fairness and integrity in the conduct of campaigns


for election and I shall conform to all applicable statutory standards of election
financing and reporting so that the Office of the Sheriff is not harmed by the
actions of myself or others.

I shall routinely conduct or have conducted an internal and external audit of the
public funds entrusted to my care and publish this information so that citizens can
be informed about my stewardship of these funds.

I shall follow the accepted principles of efficient and effective administration and
management as the principle criteria for my judgments and decisions in the
allocation of resources and services in law enforcement, court related and
corrections functions of my Office.

2-4-1 2
I shall hire and promote only those employees or others who are the very best
candidates for a position according to accepted standards of objectivity and merit.
I shall not permit other factors to influence hiring or promotion practices.

I shall ensure that all employees are granted and receive relevant training
supervision in the performance of their duties so that competent and excellent
service is provided by the Office of the Sheriff.

I shall ensure that during my tenure as Sheriff, I shall not use the Office of Sheriff
for private gain.

I accept and will adhere to this code of ethics. In so doing, I also accept
responsibility for encouraging others in my profession to abide by this code.

Code of Ethics for Deputy Sheriff


 
A copy of the Code of Ethics shall be provided to the selected candidate for
employment. The candidate shall be required to abide by the Code of Ethics
and shall indicate such intention by signature.

2-4-1 3
V. GENERAL DUTIES

A. All deputies shall, within jurisdictional limits, prevent crime, preserve the
peace, protect life and property, detect and arrest violators of the law, and
enforce the laws of the United States, Commonwealth of Virginia, and all
local ordinances, according to the rules, regulations, and general orders of
the office. Deputies must know that when they act under color of law,
they are enforcing the law according to statutes, written administrative
guidance in the office, ordinances, common usage, and custom. Further,
deputies shall exhibit good moral character in the administration of their
duties according to office orders.

1. The office maintains the right to establish oral and written orders
to govern and control the efficiency, effectiveness, and safe
operation of court services.

2. Management reserves the prerogative to discipline personnel for


violations of the rules listed in this order. The decision to
discipline and the measure of discipline employed depend on the
consequences of the employee's actions, the employee's current
and past performance, and the employee's length of service.

3. All written or verbal orders given by the office are performance


measures which address three components of employee
performance, that is, conduct, behavior, and work proficiency.

B. Obedience to laws and orders

1. Authority: Employees shall obey all federal and state laws, and
ordinances of the City of Martinsville or other municipality in
which the employees may be present. Employees shall obey all
lawful orders, written or oral, issued to them by competent
authority. The term "employees" includes both sworn and non-
sworn personnel.

2. Violation of law: Supervisors shall not knowingly or willfully


issue any order in violation of any law or ordinance or order of the
office.

3. Conflict of orders: Employees shall promptly obey any lawful


order of a supervisor, including any order relayed on behalf of a
supervisor by an employee of the same or lesser rank. If an
employee receives two apparently lawful but different orders that

2-4-1 4
may conflict, the last order given shall be followed unless the order
is retracted or modified. If an employee receives conflicting
orders, the employee shall inform the person giving the last order
of the conflict. The person giving the conflicting order shall then
resolve the conflict by retracting, modifying, or requesting the
employee to comply with the latest order. If the conflicting order
is not altered or retracted, the employee may be held responsible
for disobedience of the order or directive previously issued.

4. Obedience to orders: No employee of the office is required to obey


any order which is contrary to the laws of the United States,
Commonwealth of Virginia, or ordinances of the City of
Martinsville; however, a refusal to obey is the responsibility of the
employee and he or she shall be required to justify the action.

5. Civil rights: All members shall observe and respect the civil rights
of citizens as the term "civil rights" is commonly understood.
Respect for constitutionally-protected rights is paramount.

6. False statements: On any official matter whatsoever, members


shall not knowingly lie, give misleading information, or falsify oral
or written communications in any official report or in their actions
when it is reasonable to expect that the information may be relied
upon because of the employee's affiliation with the office.

7. Enforcement while off duty: If a deputy, while off duty, witnesses

a violation of the law committed in his or her presence which, in


the deputy’s professional judgment, demands immediate attention,
the deputy may make an arrest, providing that

a. the law violation was committed in the City of Martinsville


and

b. the deputy does not use his or her own personal vehicle to
chase or pursue the violator but observes all traffic laws
applicable to citizens, and

c. he or she displays police identification to the violator and


announces his or her purpose, and

d. the deputy can make the arrest without jeopardizing his or


her own safety, the safety of the violator, or the public.

2-4-1 5
C. Disciplinary/personnel actions

1. Disciplinary actions may include a warning, an oral or written


reprimand, and suspension with or without pay, reduction in pay,
demotion, or termination. Personnel actions may include probation,
counseling, training, close supervision, performance evaluation,
transfer, and termination.

2. As appropriate, disciplinary action may be taken for any of the


following reasons:

a. Incompetent or inefficient performance or dereliction of


duty;

b. Insubordination, discourteous treatment of the public or a


fellow employee, or any act of omission or commission of
similar nature which discredits or injures the public.
(Insubordination consists of direct, tacit, or constructive
refusal to do assigned work.)

c. Mental or physical unfitness for the position which the


employee holds.

d. Conviction of a felony or misdemeanor involving conduct


amounting to moral turpitude or which shocks the
conscience of a reasonable person, or a pattern of
misconduct as displayed by series of misdemeanor
convictions.

e. Failure to report to an appropriate superior authority


incompetence, misconduct, inefficiency, neglect of duty,
moral turpitude, or any other form of misconduct or
negligence of which the employee has knowledge.

f. Failure of a supervisory employee to take corrective action


regarding employees under his or her supervision who may
be guilty of any form of neglect of duty or misconduct
where the supervisor knows or should have known of the
dereliction.

3. Examples of behavior specifically prohibited include:

a. Use of alcoholic beverages on duty, or drunkenness on


duty.

2-4-1 6
b. Use of illegal drugs or narcotics.

c. Buying alcoholic beverages while on-duty.

d. Acting as bailor for anyone other than a family member.

e. Releasing any information to a suspect or convicted person


that would enable an escape from custody or hamper an
investigation.

f. Selling, trading, or buying chances or bets, or any other


gambling while on duty.

g. Recommending legal counsel or bondsmen to any person.

h. Publicly criticizing supervisors, the city manager, or any


city official.

i. Use of harsh, profane, or obscene language to any member


of the office or to the public.

j. Sleeping on duty.

k. Sexual conduct on duty.

4. Nothing in these rules and regulations limits the charges against


employees because the alleged act or omission does not
specifically appear in this manual, other orders of the office, or in

5. the laws or ordinances of which the office is responsible to


enforce.

D. General conduct

1. Employees shall display respect for their supervisors, subordinates,


and associates. The office expects all employees to display good
moral character in on- and off-duty contexts and to apply their
judgment accordingly. When on duty and in the presence of the
public, supervisors shall be addressed or referred to by rank.

2. Employees shall address their subordinates, associates,


supervisors, or members of the general public courteously and
shall not use abusive, violent, insulting, or provoking language.

2-4-1 7
3. Employees shall at all times be civil and courteous. They shall
maintain an even disposition and remain calm, regardless of
provocation, in executing their duties.

4. Employees shall not slander or speak detrimentally about the office


or another employee.

5. Employees shall always display absolute honesty.

6. Employees shall cooperate and coordinate their efforts with other


employees and law-enforcement agencies to ensure maximum
effectiveness.

7. Employees shall restrict personal conversations or personal


associations to an appropriate minimum while on duty.

8. A deputy shall not display cowardice in the line of duty or in any


situation where the public or another officer might be subjected to
physical danger. Unless actually incapacitated themselves,
deputies shall aid, assist, and protect the public and fellow officers
in time of danger or under conditions where danger might be
impending.

9. Employees shall not at any time use or attempt to use their official
position, badge, or credentials for personal or financial gain or
advantage.

E. Gifts, bribes, gratuities, rewards

1. Employees shall not solicit any gifts, gratuities, loans, or fees


where there is any direct or indirect connection between the
solicitation and their office employment.

2. Employees shall not accept either directly or indirectly any gifts,


gratuity, loan, fee, or any other thing of value arising from or
offered because of, or in connection with any office’s services
activity.

3. Employees shall not accept any gift, gratuity, or other thing of


value, the acceptance of which might directly or indirectly
influence any manner of official business, or which might
adversely reflect on the office or any employee.

2-4-1 8
4. No employee shall receive any gift or gratuity from other
employee’s junior in rank without the express permission of the
sheriff.

5. Employees shall not accept any gift, gratuity, reward in money, or


other considerations for services in the line of duty to the
community, or to any person, business, or agency except lawful
salary and that authorized by the Code of Virginia.

6. Employees found to have accepted bribes shall be dismissed with


prejudice.

F. Suggestions

1. Employees wishing to make suggestions for the improvement of


the office, or who feel injured or offended by the treatment, orders,
or neglect of duty of a supervisor may communicate the suggestion
either orally or in writing through the chain of command to the
sheriff; however, certain matters such as those of a personal or
confidential nature may be brought directly to the sheriff.

G. Duty

1. Employees shall report for duty at the time and place specified by
their assignment or orders and complete the number of hours on
duty required by their assignment.

2. While on duty, employees shall remain alert and awake,


unencumbered by alcoholic beverages, prescription drugs, illegal
narcotics, or conflicts arising from off-duty employment.

3. While on duty, deputies shall not engage in any activity or personal


business which would cause them to neglect their duty.

4. Deputies serve in order to protect lives, preserve the peace, enforce


the laws of the city and state, and assist the public in any
reasonable request.

5. Deputies shall identify themselves to any person requesting their


name, rank, and badge number.

6. All deputies shall maintain a telephone at their home. Deputies


shall notify the sheriff of their telephone number, address, and any
changes thereto.

2-4-1 9
7. All deputies shall, in a timely fashion, complete and submit all
forms and reports required by the office and the laws of the
commonwealth.

8. Deputies shall not provide information from computer-based


vehicle license checks to citizens.

9. If injured, deputies shall promptly notify their supervisor of the


injury and its circumstances.

10. While on duty, deputies shall keep their supervisor informed of


their whereabouts. To this end, deputies shall keep their portable
radios charged, turned on, and in their immediate possession at all
times.

11. Deputies shall maintain a professional attitude and manner when


communicating by radio. Deputies shall communicate in plain
language, abiding by FCC and SIRS requirements and the
requirements of the office.

12. Deputies shall use the office for professional purposes only. Each
deputy is responsible for the cleanliness and upkeep of the office.

13. Deputies shall not use sheriff’s vehicles for personal business or
transportation of unauthorized persons, except in emergencies.
Requests to use sheriff’s vehicles for personal business shall be
made to the sheriff. Authorized persons include prisoners, detained
juveniles, victims, and witnesses.

14. Deputies shall clean the interiors of sheriff’s vehicles after


transports.

15. Deputies shall keep their financial affairs in good order and under
control. Failure to pay debts in a timely manner may be a cause
for disciplinary action.

16. No employee shall use his or her position with the office for
personal or monetary gain.

Employees are permitted to make long distance telephone calls


when necessary for official purposes. If the call is personal, the
employee shall keep those calls brief and limited to a respectful
number.

2-4-1 10
17. Deputies must carry sheriff’s identification with them at all times.
In addition, while on duty, deputies shall carry a valid driver's
license.

H. Leave

1. Employees shall not be absent from duty without first obtaining


permission from their supervisors.

2. Employees shall, in situations requiring emergency leave or sick


leave, notify their supervisors of the circumstances as soon as
possible.

I. Information

1. Employees shall not communicate to any person who is not an


employee of this office any information concerning operations,
activities, or matters of business services, the release of which is
prohibited by law or which may have an adverse impact on the
office image, operations, or administration.

2. Employees shall communicate promptly to a supervisor


information regarding tips on crimes or criminal activity or other
relevant law- enforcement information which may come into their
possession. After conferring with a supervisor, employee and
supervisor shall notify the chief of police or sheriff, if appropriate.

J. Public appearances and exercise of freedom of speech

1. If an employee receives a request to make a public presentation or


appearance on the office’s behalf or publish an article concerning
his or her duties, the employee shall apply for permission to the
sheriff. The office wishes no interference with the First
Amendment rights of deputies. The office can and shall, however,
authorize appearances or writings that represent the agency and
may therefore restrict activities only where the employee may
represent an agency view.

2. Employees shall not unjustly criticize, ridicule, express hatred or


contempt toward or otherwise defame the office, its policies, or
other employees when to do so might disrupt operations or
adversely affect morale or create disharmony in the workplace.
The measure of disharmony is the inability of supervisors to
maintain discipline.

2-4-1 11
K. Use of alcohol

1. Employees shall not drink any alcoholic beverage while on duty.

2. Employees shall not appear for regular duty, or be on regular duty,


while under the influence of intoxicants to any degree whatsoever
or with an odor of intoxicants on their breath.

3. In the event of an emergency recall, each deputy must determine


fitness for duty if alcohol has been consumed. A supervisor shall
be consulted and asked to confirm or deny, as appropriate, the
deputies judgment in the matter. No adverse actions will be taken
if, in an emergency recall, the deputy believes him- or herself to be
incapacitated for duty, says so, or is told so by a supervisor before
actually going on duty.

4. Deputies shall not carry weapons when off duty in a situation the
deputy deems socially inappropriate, particularly where the officer
consumes alcoholic beverages.

L. Use of drugs

Employees shall not use any narcotic, stimulating, or dangerous drug


while on or off duty unless prescribed by a physician. Employees using
any prescribed drug or narcotic or any patent medicines that could
possibly induce impairment of their performance shall notify their
supervisor.

M. Refer to RR 2-4a of this manual for policy and procedure on drug and
alcohol testing, a copy of which is available to all employees. All
employees are subject to random drug testing or any other condition under
this policy.

N. Property, equipment, and uniforms

1. Employees shall be responsible for the proper care and use of


office property and equipment assigned to or used by them and
shall promptly report to their supervisors any loss, damage,
destruction, or defect therein.

2. Employees shall operate office vehicles and other equipment in


such a manner as to avoid injury to persons or damage to property.
Whenever an office vehicle is involved in an accident, the operator
shall notify a supervisor immediately. Under no circumstances
shall a deputy investigate his or her own accident. The Martinsville

2-4-1 12
Police Department shall conduct the investigation. (State Police -
out of town)

3. At the beginning of a tour of duty, employees shall examine any


vehicle assigned to them and report any operational deficiencies,
damage, or defects to their supervisors. Failure to report damage
or defects creates the presumption that the employee inspected the
vehicle and found no damage or defects.

4. Deputies shall keep their uniforms clean and pressed, their shoes
and other leather equipment polished and shined, and badges and
name plates clean and bright.

5. Employees wearing civilian clothing on duty shall present a neat


and clean appearance. Employees shall wear clothing which is
appropriate to the type of duties and citizen contact expected, e.g.,
in court coat and tie for men and equivalent skirt, blouse, or pants
outfit for women are appropriate. Civilian dress should not be a
source of negative comment from the community.

6. Employees shall not temporarily or permanently convert any office


property to their own personal use or the use of any other person.

7. When an employee terminates employment, all issued equipment


shall be returned on the day the termination is effective. Failure to
return all items of office property will result in withholding final
pay or taking legal action.

8. The Martinsville City Sheriff’s Office furnishes the following


uniform items:
- summer shirts (dress/bdu)
- winter shirts(dress/bdu)
- pants, (dress/bdu)
- pair shoes/boots
- gun belt/keepers (dress/web)
- trouser belt Universal)
- gun holster (universal)
- handcuffs and case (dress/web)
- magazine pouch (universal)
- radio/charger
- badge and identification card
- name plates
- ties/tack
- Firearm/Weapon (After certification)
- Ammunition (After certification)
- Coat (Heavy/Light Wt.)

2-4-1 13
a. The following positions in the office shall have an adequate
number of uniforms to perform their duties.

Court Personnel- Four total dress uniforms. The deputy


may have the choice of one BDU uniform, making the total
five.

Civil Personnel- Four total uniforms (any combination of


Dress/BDU). One must be a dress uniform.

Correctional Personnel- Three total uniforms (any


combination of Dress/BDU). One must be a dress uniform.

b. It is preferable when serving as a:

Correctional Officer- Your duty belt is worn with the


following items attached, Radio, Cuffs and key and one
non-lethal weapon certified in.

 When preventable Firearms should not be worn


when escorting or entering in court holding areas
where prisoners or present.

Court Room Bailiff- Your duty belt is worn with the


following items attached, loaded firearm, radio, cuff and
keys and one non-lethal weapon certified in.

Court House Security (front door), Civil Process, H.E.M.,


Transport Officer and Extra Duty Employment Officer,
department duty belt is worn with the following items
attached, loaded firearm, extra ammunition, radio, cuffs
and key, and one non-lethal weapon certified in.

9. Uniforms or civilian business attire (coat and tie for men or


equivalent for women) shall be worn for all court appearances.

10. When uniform items are damaged or worn out and needing
replacement, deputies should request replacement from a
supervisor.

2-4-1 14
O. Part-time or off-duty employment

1. Before engaging in any outside employment or business activity,


an employee shall obtain express permission from the sheriff.

2. The employment shall not render the deputy unavailable during an


emergency, or physically or mentally exhaust the deputy to the
point that his performance on duty will be affected.

3. Employment shall not in any way conflict with the objectives of


the office, impair its reputation, or compromise services.

4. Each employee while engaged in off-duty employment shall


conduct himself in accordance with office standards, and is under
the control of office supervisors.

P. Reporting arrests, court action, civil cases

1. Employees shall immediately notify their supervisor if they have


been arrested, subpoenaed to court, or have otherwise been
involved in any legal proceedings except divorce.

2. Any employee of the office who becomes involved in any


accident, incident, or altercation, or any problem which may come
to the public attention, shall give oral notification as soon as
possible, and within 24 hours in writing to his supervisor.

3. Supervisors shall forward relevant information through the chain


of command as rapidly as possible.

4. Employees shall avoid involvement in any civil disputes involving


neighbors or acquaintances. Further, deputies shall not remove
children from parental custody or property from citizens without
court order.

Q. Memberships

No member of the office shall be a member of any organization which


advocates the violent overthrow of the government of the United States,
the Commonwealth of Virginia, or any unit of local government, or
participate in any organization which has a purpose, aim, objective, or any
practices which are contrary to the obligations of a court services deputy
under these rules and regulations.

2-4-1 15
R. Money expenditures

1. No employee shall incur any financial obligation on behalf of the


office without permission from the sheriff.

2. No employee shall imply or accept financial liability for loss or


damage on behalf of the city. Any inquiries concerning financial
liability will be referred to the city attorney or city manager.

S. Resignations

An employee in good standing shall provide at least two weeks written


notice of his or her intent to resign.

T. Grooming

l. Male Officers' Hair

a. Hair shall be reasonably close cut and neatly groomed so as


not to appear excessive, ragged, or present an unkempt
appearance.

b. A moderate "block cut" or "boxed fullness" in the back will be


permitted.

c. When the hat is being worn, hair shall not be visible from the
front or curled around the hat on the sides or back.

d. When combed the hair shall not touch or extend beyond the top
of the ear nor touch the shirt collar in the back.

e. Closely tapered hair on the back of the neck is acceptable.

f. Special hair styles and coloring are subject to the approval of


the Sheriff.

g. Afro haircuts shall not exceed three-quarters inches (3/4") from


the scalp.

h. Under no circumstances will the length or hair style of any


deputy interfere with the wearing of any department issued hat.

2-4-1 16
2. Female Officers Hair

a. Hair shall be kept in a conservative, well-maintained appearance.


Females with really long hair must be worn up in a bun or a
professional in appearance ponytail in such a style to not interfere
with their respected job duties.

b. Pins, combs, or barrettes similar to the color of the hair are


permitted, provided they are unobtrusive and are concealed as
much as possible. No wild hair colors/coloring will be allowed
unless otherwise approved by Administration.

3. Sideburns

a. Shall not extend beyond the lowest part of the ear.

b. Shall not be wider at any point than their natural width at the top.

Shall present at the base a clean shaven, horizontal, line that is


neatly trimmed.

4. Facial Hair

Personnel are permitted to have facial hair under the following guidelines:

a. Mustaches must follow the natural arch of the mouth and shall not
extend below the corners of the mouth or extend over the upper lip.
(This guideline is for mustaches only with no beard).
b. Mustaches shall be neatly trimmed so it will not appear to be
bushy. Handlebar mustaches are prohibited.
c. Goatees must follow the natural arch of the mouth.
d. Mustaches and goatees should go to the chin area and are not
allowed to flair out towards the ears.
e. Beards must be trimmed and maintained at a ¼ inch length at all
times. Cheeks must be neatly shaved at all times.
f. Beards must stop above the Adam’s apple and the neckline below
must be clean shaved at all times (see example attached to policy).
g. Beards are not to be grown without a mustache
h. Designs shaved or trimmed into the beard are not permitted.
i. Members of the Honor Guard are permitted to participate.
j. Members of the E.R.T are allowed to follow this policy unless it
interferes with equipment not fitting properly.
k. If attending basic jail or law enforcement, the academy rules on
facial hair will be followed.
l. Permission to wear beards, goatees and mustaches may be
withdrawn by the sheriff or designee at any time.

2-4-1 17
5. Makeup and Fingernails

a. Female employees may wear makeup in moderation. The use of


make- up shall reflect conservative wisdom appropriate to the
assignment. Wearing excessive, trendy, or gothic make-up is not
authorized, except as necessary in a covert assignment.

b. Fingernails must be professional in appearance and not be so long


as to interfere with job performance or create safety issues. Nail
polish must be clear or neutral in color.
6. Dental Ornamentation

The use of gold, platinum or other veneers or caps for the purpose of
ornamentation are prohibited. Teeth, whether natural, capped or
veneer, shall not be ornamented with designs, jewels, initials, etc.

7. Tattoos / Brands

a. Any tattoo or brand anywhere on the body that is obscene,


advocates sexual, racial, ethnic, or religious discrimination, or is
detrimental to the good order and discipline, or is of a nature
that tends to bring discredit upon the department is prohibited.

b. Any tattoo or brand that is visible above the collar of a properly


fitted issued uniform shirt when worn with a tie, visible above
the collar of a crew neck t-shirt when worn under any properly
fitted issued open neck uniform shirt, or any visible tattoo on
the neck, facial area, and palms of your hands is prohibited.

c. Employees with tattoos or those who obtain new tattoos on their


arms that would normally be visible in any department issued
short sleeve shirt are permitted to display such tattoos or brands
uncovered, so long as they are following in compliance with
paragraph (a) of this section of policy.

d. Permanent make-up or eyeliner shall be considered make-up


rather than a tattoo. Refer to the appropriate section of policy
for appropriate use of makeup.

e. Sworn employees in physical training attire (pt. gear) at the


academy may expose tattoos or brands, so long as they are
following in compliance with paragraph (a) of this section of
policy.

2-4-1 18
8. Mutilation

Intentional body mutilation, piercing, branding and/or intentional


scarring that is excessive or eccentric is prohibited. Some examples are:

a. A split or forked tongue;


b. Foreign objects inserted under the skin to create a design or
pattern;
c. Enlarged or stretched holes in the ears (other than a normal
piercing);
d. Intentional scarring that appears on the neck, face, or scalp.
9. Deviations from Policy

Any deviation from subsection T, of this policy must be approved by


the Sheriff.

U. Courtroom appearances

1. Arrive at the court early enough to check the docket, if necessary,


and confer with the prosecutor.

2. If an employee receives subpoenas requiring appearance in


different courts at the same time, he or she should honor the first
subpoena received. If, however, one of the subpoenas was issued
by a circuit or higher court, it shall receive precedence over one
issued by a district court. In any event, the employee shall notify
the court they will not be attending because of the conflict.

3. A subpoena receives precedence over an order issued by a


supervisor. In any event, the employee must notify his or her
supervisor of the court appearance.

4. If on duty, sworn employees will appear in circuit court in dress


uniform. If off duty, employees shall wear either the dress uniform
or appear suitably attired in civilian business attire. Civilian attire
means a tie for men, with a sport jacket or suit, and equivalent
clothing for women. In the lower courts the BDU is acceptable
attire

5. When testifying, employees shall remain attentive, face the


judge
when giving testimony, and speak in a clear, audible tone.
Employees shall respond to questions asked by the judge or

2-4-1 19
attorneys and will not argue, interject, or offer an emotionally-
charged response to any remark or question.
6. Each member shall be familiar with the laws of evidence and shall
testify truthfully on any matter.

V. Evidence

1. Contraband evidence shall be stored in the Martinsville Police


Department evidence storage locker before and during trial, as the
court requires.

2. Following trial or other legal proceeding, the deputy whose case


involves the contraband shall apply to the court for a destruction
order. Upon receiving the order, the deputy shall turn the
contraband evidence back over to the Martinsville Police
Department for destruction.

3. Deputies shall report evidence that is not contraband to the General


District Court and dispose of it according to the court's
recommendation.

4. Deputies shall not give away evidence to anyone. Further,


deputies shall not appropriate any evidence or other property to
their own use under any circumstances.

5. If any citizen refuses to accept returned property that was used as


evidence or otherwise acquired by the office, the property shall be
destroyed (if perishable) or auctioned, if appropriate, under
supervision of the sheriff.

W. Lost property

1. Deputies who encounter lost property shall treat it as evidence


securing the property under the direction of the sheriff.

2. Deputies shall document the circumstances and describe the


property in the appropriate report. Deputies shall make a
reasonable effort to ascertain the owner of the property and return
it. Upon releasing property, or obtaining property from a citizen
who finds it deputies shall write a receipt.

2-4-1 20
X. Use of force - general

1. The office expects deputies to observe the following two


guidelines in all applications of force:

a. Employ that level of force which is reasonable and


necessary to accomplish a legal purpose.
b. Resort to more severe methods of force to overcome either
increasing resistance or an increasingly dangerous threat to
public safety.

2. Further guidelines concerning the use of force are outlined in GO


1-6. Violation of the use of force and deadly force orders herein
may subject the officer to administrative discipline, suits for
damages, and criminal prosecution.

Y. Medical assistance

Deputies shall render, or cause to be rendered, medical assistance to any


injured person.

Z. Confidentiality

Employees shall keep all complaints, arrest information, or other official


business confidential. Employees shall not indulge in gossip about office
business.

VI. DEFINITIONS

A. Moral turpitude

An intentional act or behavior displayed in words or actions which


violates public morals or the common sense of the community involving
but not limited to intent to defraud, intentional dishonesty for personal
gain, lying, perjury, subordination of perjury, cheating, bribery, unlawful
possession of controlled substances, sexual harassment, unlawful sexual
conduct, or excessive force.

2-4-1 21
B. Good moral character

The attributes of a prospective employee that enhance his or her value to


the office and to public service which include honesty, integrity,
truthfulness, obedience to the oath of office and the code of ethics, respect
for authority, and respect for the rights of others.

This policy supersedes all previous administrative directives.

2-4-1 22
1. Neckline below the Adams Apple must be cleaned
shaved at all times.

2. Cheeks (cheek area) must be cleaned shaved at all


times.

3. Beards must not exceed ¼ inch in thickness or


length at any time.

2-4-1 23
2-4-1 24
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: Body Armor POLICY NUMBER: 2-4.1
ESTABLISHED DATE: 8/1/11 Number of pages 1-2
REVIEWED ANNUALLY by Sheriff
REVISED DATE: Authorizing Authority: ____________________________
Sheriff

I. PURPOSE:
The purpose of this policy is to provide law enforcement officers with guidelines for the
proper use of body armor.

II. POLICY:
It is the policy of the Martinsville Sheriff’s Office to maximize officer safety through the use
of body armor in combination with prescribed safety procedures. While body armor
provides a significant level of protection, it is not a substitute for the observance of officer
safety procedures.

Body Armor is available to each deputy assigned to routine field duty with the option to
wear or not, unless mandatory as prescribed in definitions below. Each deputy will sign an
acceptance form.

III. DEFINITIONS:
Inmate Transportation: Duty assignments and/or tasks that require personnel to move
inmates a specified distance via vehicle.

Extra Duty Employment: Extra duty assignments outside of the realm of routine duty that
requires sworn status.

Emergency Response Team (E.R.T.) a team organized and selected by the Sheriff which
handles tactical scenarios regarding the three realms of the Sheriff’s responsibility; the jail,
the courthouse, and civil process.

IV. PROCEDURE:
A. Issuance of Body Armor

1. All body armor issued must comply with protective and related requirements
prescribed under current standards of the National Institute of Justice.

2. Body armor that is worn or damaged shall be replaced.

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B. Use of Body Armor

1. Officers shall wear only agency-approved body armor.

2. Body armor shall be worn at all times by all persons engaged in high-risk and/or
planned tactical situations.

3. All uniformed personnel who are involved in inmate transportation, extra duty or
are a member of the Emergency Response Team (E.R.T.) are required to wear
body armor while engaged in:

a. All transports with the exception of transporting between Martinsville


City Jail and Henry County Jail unless the prisoner is of high risk
status.

b. Parties/social events etc, local business security such as grocery


stores, bargain/discount stores, shopping centers etc.

c. All activations of the E.R.T.

4. Body Armor Exemptions:

a. When uniformed officers are assigned to positions whose normal duties


do not regularly involve the circumstances described above, they are
exempt from being required to wear body armor.

b. When an agency-approved physician determines that an officer has a


medical condition that would preclude wearing body armor;

c. When the Sheriff determines that circumstances make it inappropriate to


mandate wearing body armor.

5. All personnel who have had body armor issued to them must have their body
armor available at all times during their duty hours.

This policy supersedes all previous administrative directives.

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MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: OFFICE ORGANIZATION POLICY NUMBER: 2-5

EFFECTIVE DATE: 9/1/06 Number of pages 1-6


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 07/22/07, 08/01/14, 08/05/16 Authorizing Authority: ____________________________
2/15/17, 2/21/19, 5/3/19
Sheriff

POLICY:

As a constitutional officer, the sheriff serves legally independent of the city government.
The state law (Code of Virginia) is provided for in the Constitution of Virginia, Article VII,
Section 4 that the voters of each city or county elect a sheriff. General laws or special acts set
the duties and the compensation of the sheriffs.

PURPOSE:

The purpose of this policy is to describe the organization of the Martinsville Sheriff’ Office
and to assign responsibilities, functions and duties.

PROCEDURES:

l. Organizational Structure

A. The Sheriff is responsible for the direction of all activities of the Martinsville
Sheriff’s Office. This direction will be accomplished through written and oral
orders, policy, directives, guidelines, and guidance as well as by personal
leadership exerted through supervisors and officers.

B. The Martinsville Sheriff’s Office organizational structure includes divisions,


shifts, units and individuals, to each of which are assigned specific functional
areas of responsibility which include activities which are directly related to
carrying out the department's objectives and responsibilities.

C. The basic Martinsville Sheriff’s Office organizational structure is as follows:

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MARTINSVILLE SHERIFF’S OFFICE
ORGANIZATIONAL CHART
SHERIFF
STEVE M. DRAPER

Major / Office
Chief Deputy Associates

CAPTAIN Accreditation School Resource CAPTAIN


Court House Manager Officers Jail Administrator
Security/Civil Process

1st LIEUTENANT
Jail Administrator
Court Bailiff’s, Annex / Work Force
Assistant
Building Security, Superintendent
Civil Process Servers,
H.E.M. Maintenance,
Coordinator Control Room
Operator
LIDS Work Force Annex
Coordinator, Manager Cook
Classification,
Jail Medical,
Jail Cook
Work Force
Supervisor

Lieutenant Lieutenant Lieutenant Lieutenant


“A” shift “B” shift “C” shift “D” shift

Sergeant Sergeant Sergeant Sergeant


“A” shift “B” shift “C” shift “D” shift

4 4 4 4
Correctional Correctional Correctional Correctional
Deputies Deputies Deputies Deputies

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Revised 3/29/2023
D. The Departmental Organizational Chart will be updated annually to reflect the
chain of command, lines of authority and communication and rank. A copy of
this chart will be posted permanently at an appropriate location in the department.

2. Unity of Command

A. Each employee is responsible to only one supervisor at a given time.

1) Each organizational component is under the direct command of only one


supervisor.
2) Supervisory personnel are accountable for the performance of deputies and
employees under their immediate control.

B. Direct Reports.

(l) The Major/Chief Deputy will report to and be accountable to the Sheriff.

(2) The Captain/Jail Administrator, Captain of Court Services/Civil Process


Division and H.E.M., Office Manager and Associates will report to and be
accountable to the Major/Chief Deputy.

(3) The Accreditation Manager, Court Services Officers, Civil Process


Officers, and the H.E.M. Coordinator will report to and be accountable to
the Captain of Court Services/Civil Process Division and H.E.M.

(4) The 1st Lieutenant/Jail Administrator Assistant, School


Resource Officers, Classification, LIDS Technician, Medical Manager,
and the Jail Cook will report to and be accountable to the
Captain/Jail Administrator.
(5) The Lieutenants/Jail shift supervisors, Work Force Manager, Control
Room Operator, and Maintenance, will report to and be accountable to the
1st Lieutenant/Jail Administrator Assistant.

(6) The Work Force Supervisor and Annex Cook will report to and be
accountable to the Work Force Manager.

(7) Sergeants, Correctional Officers, and EMT officers of the shifts will report
to and be accountable to their respective Shift Lieutenant.

(8) Sergeants in the absence of the Shift Lieutenant will assume responsibility
for the supervision of their respective shift.

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C. Normally, in situations involving deputies of different shifts or units in a single
operation, the plan prepared for that operation will specify command
relationships. If command is not specified, the supervisor of that particular
operation will command personnel from other shifts or units assigned for the
purpose of that operation. Any major operation involving personnel of the
entire department will normally be commanded by the Sheriff or designee. Other
written orders specify command relationships in specific circumstances.

1. In the event the Sheriff is incapacitated the Chief Deputy shall take command and
notify the Sheriff of all major decisions that the Chief Deputy may make. If the
Sheriff and the Chief Deputy are not available, then the Jail Administrator Captain
shall take command and notify the Sheriff of all major decisions that the Captain’s
may make or, the Lieutenant shall take command until a ranking officer is
available, and shall make any necessary reports to the Sheriff. Employees shall be
responsible to only one supervisor at any given time.

2. The ranking deputy on scene of an exceptional situation shall be in charge until


relieved by higher authority. The Sheriff, or Chief Deputy, unless delegated to a
subordinate or a group of subordinates, shall then be responsible for command of
exceptional situations.

3. The Sheriff, or Chief Deputy, Administrative Captain or Lieutenant acting in the


capacity of the Sheriff, determines command of situations involving personnel
from different functional areas of the Martinsville Sheriff’s Office (i.e.
Correctional Services, Court Services).

4. Supervisors shall, without specific instructions, undertake the required details and
assignments necessary to carry out the business of the office. The number of
deputies available for duty and the necessity to assign them where they will be
most useful shall guide supervisors in the assignment of personnel.

3. Span of Control

A. To achieve effective direction, coordination and control, the number of deputies


and employees under the immediate control of a supervisor should not be
excessive.

B. Current personnel allocations are such that the maximum number of deputies
assigned to any shift or unit, if all were working, is seven.

C. For any major event in which large numbers of office personnel will be on duty,

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span of control may be adjusted for that specific event.

4. Delineation of Responsibility

A. Written job descriptions exist for all department positions and will be filed in the
office of the Accreditation Manager.

B. Certain special tasks may be assigned to individuals and require a focus of effort
for a period of time. Unless a new full-time position is authorized, such special
tasks will be in addition to those duties and responsibilities prescribed in the
current job descriptions.

C. All personnel are encouraged to periodically review their job descriptions and to
make suggestions to their supervisor concerning any changes they believe should
be made in the description. Any changes or suggestions will be discussed at
regular staff meetings and, if deemed appropriate by administrative staff,
necessary changes will be made.

5. Authority and Responsibility

A. At every level within this office, deputies and employees must be given the
authority to make decisions necessary for the effective execution of their
ADM.02.01 responsibilities within the limits of the law. While written policy and officer
training offer guidance, the deputy or employee has the authority to make
appropriate decisions. The deputy or employee will, however, be held
accountable for the decision made.

B. Each deputy or employee will be held fully account- able for the use of, or failure
to use, delegated authority. Any deputy or employee who has any questions
concerning their delegated authority should bring such questions to the attention
of their supervisor for prompt resolution. Legal questions may be referred to the
Commonwealth's Attorney or City Attorney; whichever is appropriate; questions
concerning other facets of the criminal justice system may be likewise referred.

C. Deputy or employee acceptance of, and proper use of, authority will be evaluated
annually during the performance appraisal process.

D. Any gross improper use of authority or failure to accept authority will be reported
through command channels as rapidly as possible.

6. Direction, Obedience to Orders

A. The Sheriff has full authority and responsibility for the management, direction
and control of the operation and administration of the department.

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B. All supervisory personnel are accountable for the performance of deputies and
employees under their immediate control.

C. To permit effective supervision, direction and control, deputies and employees


should promptly obey any lawful order of a superior, including any order relayed
from a superior by an officer of the same or lesser rank. In the event an officer is
given two different orders that may be in conflict, the last order given should be
complied with unless the order is retracted or modified. In the event an officer or
employee receives conflicting orders, the officer or employee should inform the
person giving the last order of the conflict of orders. That person giving the
conflicting order should then resolve the conflict by retracting, modifying, or
requesting the officer or employee to comply with the latest order. In the event
the conflicting order is not altered or retracted, the officer or employee will not
be held responsible for disobedience of the order or directive previously issued.

7. Personnel Allocation/Distribution

A. The office organizational chart, serves as a staffing table. and reflects the
following information:

(1) Number of personnel, by rank, within each organizational component,


including civilians.

B. On an annual basis, the Sheriff and staff assess the allocation and distribution of
personnel to organizational components of the office. This assessment, based on
work load data of the previous year, goals and objectives for the current year, and
forecasts concerning office activities for the current year, attempts to prevent
either over- or under-staffing by ensuring that the personnel strength of a office
component is consistent with the work load. The nature or number of tasks as
well as their complexity, location or time required for completion are some of the
factors influencing work load demands. Recommendations concerning needs for
additional personnel authorizations will be submitted as part of the office budget.

C. Distribution of personnel in accordance with work load assessments is to


encourage the equalization of individual work loads within each organizational
component. Such work load assessments will specify all incidents and factors
used and indicate any time and location factors necessary to complete a task or
provide a service. Overall, distribution of personnel will be reassessed annually
however, unusual assignments and distribution will be reassessed as required.

E. As part of the annual assessment of personnel allocation and distribution,


positions not requiring sworn personnel and designated as civilian, will also be
reviewed. Sworn personnel are not to be permanently assigned to these positions.
During this annual assessment, all positions not requiring the mandated state
training will be identified and appropriate action taken to determine whether the

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position should be designated as a civilian position.

This policy supersedes all previous administrative directives.

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MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: Weapons Training POLICY NUMBER: 2-5.1

EFFECTIVE DATE: 6/21/07 Number of pages 1-5


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 11/2/22 Authorizing Authority: ____________________________
Sheriff

I. PURPOSE:

The purpose of this policy is to establish procedure governing the care and
maintenance of issued weapons, the selection and use of holsters, non-issued
personal weapons, firearms training and qualification.

II. PROCEDURES - GENERAL

A. Issuance of Weapons

1. Upon authorization of the Sheriff, the Firearms Instructor will issue


departmental weapons to qualified personnel.

2. Sheriff’s Office firearms that become unserviceable shall be returned to


the Firearms Instructor.

B. Care and Cleaning of Weapons

Deputies are responsible for the care and cleaning of Sheriff’s Office
weapons issued to them. Deputies shall report any weapon malfunction to
the Firearms Instructor or Armorer immediately.

C. Security of Weapons

Deputies are responsible for the safety and security of their weapons. They
must secure their weapons at home by any of the methods provided to them
during their firearms training.

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D. Sheriff’s Office Firearms Instructor

Duties:

1. To provide for the care and maintenance of issued Sheriff’s Office


weapons and associated equipment.

2. To inspect all weapons periodically to ensure they are clean and


serviceable.

3. To repair, or have repaired all returned malfunctioning weapons.

4. To maintain records of issuance, care, and maintenance of Sheriff’s


Office weapons and associated items.

5. To inspect and certify as serviceable personally owned firearms,


holsters and related equipment that are authorized for on-duty and
off-duty use.

6. To maintain a record of all firearms which have been certified as


safe and with which deputies have qualified. This record shall
include the following:

a. Deputy’s name and identification number.

b. Make and model of weapon.

c. Serial number of weapon.

E. Modification of Weapons

Sheriff’s Office weapons shall not be modified or altered without written


approval of the Sheriff and/or Firearms Instructor.

F. Range Inspections

1. The Firearms Instructor, or designee, shall thoroughly inspect each


weapon during qualification on the range. The Firearms Instructor
and supervisors shall also inspect each deputy’s issued firearm
periodically to ensure that they are maintained in a clean and
serviceable condition.

a. Firearm inspections shall include all department firearms.

b. Ammunition shall be inspected to ensure that it is Sheriff’s


Office issue, of correct quantity, and in serviceable condition.

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G. Non-Issued Personal Weapons

This section covers Sheriff Office employees while in the Commonwealth of


Virginia ONLY.

1. One non-issued personal weapon, either revolver or semi-


automatic pistol, and ammunition for them are purchased at the
deputy’s expense. The Firearms Instructor must inspect and
certify the off-duty weapon, holster, and ammunition before
they may be carried. Revolvers and semi-automatics must not
exceed .45 caliber. The Firearms Instructor will maintain a
record of weapons used by each deputy and a letter of approval
signed by the Sheriff must be on file.

III. PROCEDURES – QUALIFICATION

A. Classroom Instruction

All Sheriff’s Office personnel will, if duties require carrying firearms, receive
classroom familiarization with their firearms within the use of force training.
All sworn personnel will be issued copies of and be instructed in orders
pertaining to use of force.

B. Qualification Rules

1. The Firearms Instructor shall be in charge at all times when


deputies are on the firing range for qualification.

2. Only weapons and ammunition approved by this Office will be


used during qualifications.

3. Every deputy shall fire the regular firearms course approved by the
Virginia Department of Criminal Justice Services and as directed by
the instructor.

4. Deputies who fail to qualify shall be placed in remedial training as


soon as possible.

5. All full-time deputies shall be required to shoot a qualifying score


of 70 percent on an approved firing range once a year.

6. No drinking, eating or use of tobacco products will be permitted in


the area of the firing lanes.

7. Deputies waiting to shoot will remain outside the immediate firing


area as designated by the instructor.

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8. Horseplay will not be permitted on the firing range. Anyone
engaged in horseplay will be asked to leave the range, and the
Firearms Instructor will write a report to the Sheriff detailing the
circumstances.

C. Remedial Training

1. Firearm Instructors will work one on one with any officer requiring
remedial training.

2. Efforts will be made to help identify and correct issues that may
affect the officers’ ability to qualify on an individual basis (e.g.
vision problems).

D. Safety

1. Each deputy, before going to the shooting line, will be sure to have
an approved pair of ear guards. Eye protection is optional.

2. All weapons and ammunition magazines will be emptied before


entering the firing range area.

3. Once weapons have been emptied, they shall remain in holsters


until deputies have taken positions on the firing line and the
Firearms Instructor has given permission to “dry fire” or “load with
ammunition”.

4. Once a shooting phase has begun, weapons will be kept pointed


down range, and deputies should remain facing their targets. A
deputy shall raise his/her hand to draw the instructor’s attention if
he/she misunderstands a command.

5. In case of misfire, keep the weapon pointed down range. Never


attempt to fire the next round without clearing the weapon.

6. At no time will anyone go beyond the firing line until it is safe and
then only when the instructor gives the command.

7. Keep the trigger finger out of the trigger guard until instructed to
fire and ALWAYS keep the weapon pointed down range.

E. Shotgun

1. A deputy may only carry or use a Sheriff’s Office issued shotgun upon
passing the shotgun qualification course.

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2. The qualification course shall include:

a. Knowing how to load and unload the shotgun combat style.


b. Firing at least 10 shots, some from different positions.
c. Scoring at least 70 out of possible 100 pellets.

3. The ammunition chamber shall be left open and the safety on until
instructed by the Firearms Instructor to load or check the weapon.

4. Shotguns will not be handled except on the command of the Firearms


Instructor.

5. Shotguns will be encased and carried in Sheriff’s Office vehicles.

6. Shotguns will be removed from vehicles before leaving them at any


garage or service department.

F. Rifle

1. A deputy may only carry or use a Sheriff’s Office issue rifle upon passing
the rifle qualification course.

2. Rifles will not be handled except on the command of the Firearms


Instructor.

3. Rifles will be encased and carried in Sheriff’s Office vehicles.

4. Rifles will be removed from vehicles before leaving them at any garage or
service department.

5. Rifles will be carried with an empty chamber and loaded magazine with
the safety in the on position.

G. Purchase of Duty Firearm

1. Any sworn law enforcement officer who retires with at least 10 years of
service may purchase the service handgun issued to him/her by the agency
at a price of $1.00.

2. Any sworn auxiliary law enforcement officer who retires with at least 10
years of service may purchase the service handgun issued to him/her by the
agency at a price that is equivalent to or less than the weapons fair market
value, or at a price designated and authorized by the Sheriff.

This policy supersedes all previous administrative directives.

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MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: JOB DESCRIPTIONS POLICY NUMBER: 2-6

EFFECTIVE DATE: 5/01/2006 Number of pages 1-53


REVIEWED ANNUALLY by Sheriff
REVISED DATES: 10/9/09, 3/9/11, 12/3/11, 5/1/12, 12/2/13 Authorizing Authority: ____________________________
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8/12/14, 12/16/16, 4/11/17, 3/19/19, 5/3/19, 2/10/20, 9/28/21 Sheriff

I. POLICY

It is the policy of this office to publish the job description of every personnel
position in the Martinsville City Sheriff’s Office.

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II. PURPOSE

The purpose of this order is to ensure that every employee will have a clear and
concise description of the duties of certain positions. Every employee will also
understand the level of management responsible for the supervision of that particular
position.

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This policy supersedes all previous administrative directives.
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KNOWLEDGE, SKILLS AND ABILITIES:

Comprehensive knowledge of laws, rules and court decisions relating to the


administration of criminal justice and law enforcement; comprehensive knowledge of the
City courts and court procedures and processes; thorough knowledge of the geography of
the City; ability to establish and maintain effective working relationships with Courts and
City officials, associates and the general public; ability to evaluate the effectiveness of
the law enforcement and detention operations and to institute improvements; ability to
prepare and review reports; resourcefulness and sound judgment in emergencies.

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EDUCATION AND EXPERIENCE:

Any combination of education and experience equivalent to graduation from an


accredited college or university with major course work in criminal justice or related field
and extensive experience of a wide and progressively responsible nature in law
enforcement including extensive supervisory experience.

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SPECIAL REQUIREMENTS:

Possession of an appropriate driver’s license valid in the Commonwealth of Virginia.


Must meet and maintain Office and State training and education requirements for
position.

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MATHEMATICAL SKILLS:

Ability to provide statistical and financial data as well as everyday calculations is


required.

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REASONING ABILITY:

Ability to be non-bias, define problems, collect data, establish facts, and draw valid
conclusions.

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WORK ENVIRONMENT:

The work environment includes all areas dealing with a correctional facility. Primary
functions occur in an office setting.

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QUALIFICATIONS:

This position requires exceptional organizational and supervisory skills. Must have the
management skills to set priorities and successfully accomplish everyday tasks as well as long-
term projects.

EDUCATION and/or EXPERIENCE:

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High School Diploma or GED a must, or previous experience with another law enforcement agency
is preferable although not required.

LANGUAGE SKILLS:

Ability to communicate, interpret and respond to common situations involved with this position.

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MATHEMATICAL SKILLS:

Ability to perform common every day calculations such as adding, subtracting, multiplying, dividing,
percentages, etc.

REASONING ABILITY:

Ability to be non-bias, defines problems, collect data, establish facts, and draw valid conclusions.

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WORK ENVIORMENT:

The work environment characteristics described here are representative of those an officer
encounters while performing the functions of a job in the correctional setting.

The noise level in the work environment is dictated by the duties a correctional officer would
encounter.

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MATHEMATICAL SKILLS:

Ability to perform common every day calculations such as adding, subtracting, multiplying, dividing, percentages, etc.

REASONING ABILITY:

Ability to be non-bias, defines problems, collect data, establish facts, and draw valid conclusions.

WORK ENVIORMENT:

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The work environment characteristics described here are representative of those an officer encounters while
performing the functions of a job in the correctional setting.

The noise level in the work environment is dictated by the duties a correctional officer would encounter.

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MATHEMATICAL SKILLS:

Ability to perform common every day calculations such as adding, subtracting, multiplying, dividing, percentages, etc.

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REASONING ABILITY:

Ability to be non-bias, defines problems, collect data, establish facts, and draw valid conclusions.

WORK ENVIORMENT:

The work environment characteristics described here are representative of those an officer encounters while
performing the functions of a job in the correctional setting.

The noise level in the work environment is dictated by the duties a correctional officer would encounter.

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QUALIFICATIONS:

This position requires exceptional organizational and managerial skills. Must have the management skills to set
priorities and successfully accomplish everyday tasks as well as long-term projects.

EDUCATION and/or EXPERIENCE:

High School Diploma or GED a must, or previous experience with another law enforcement agency is preferable
although not required.

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LANGUAGE SKILLS:

Ability to communicate, interpret and respond to common situations involved with this position.

MATHEMATICAL SKILLS:

Ability to perform common every day calculations such as adding, subtracting, multiplying, dividing, percentages, etc.

REASONING ABILITY:

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Ability to be non-bias, defines problems, collect data, establish facts, and draw valid conclusions.

WORK ENVIORMENT:

The work environment characteristics described here are representative of those an officer encounters while
performing the functions of a job in the correctional setting.

The noise level in the work environment is dictated by the duties a correctional officer would encounter.

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LANGUAGE SKILLS:

Ability to communicate effectively, interpret and respond to common situations and complaints.

WORK ENVIORMENT:

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The work environment characteristics described here are representative of those an officer encounters while
performing the functions of this job.

The noise level in the work environment is dictated by the duties a correctional officer would encounter.

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WORK ENVIORMENT:

The work environment characteristics described here are representative of those an officer encounters while
performing the functions of this job.

The number of inmates that are being held at that time dictates the noise level in the work environment. Temperature
can be hot and uncomfortable.

The job can be stressful and hazardous; occasionally officers are injured in confrontations with inmates who feel they
have little to lose with violent behavior.

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maintaining an effective relationship with other employees and the general public. Have a general
knowledge of the care and use of firearms.

PHYSICAL DEMANDS:

The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations
may be made to enable individuals with disabilities to perform the essential functions. While
performing the duties of this job, the employee is frequently required to sit, talk, hear, stand, walk,
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climb, stoop, kneel, crouch, crawl, and smell. The employee is occasionally required to use hands,
feel objects, reach with hands or arms, use controls, handle various tools or objects, and lift or
move more than 100 pounds. Specific vision abilities required by this job include close vision, color
vision, peripheral vision, depth perception, and the ability to adjust focus. Physical strength and
agility, good general intelligence and emotional stability to meet correctional duty requirements.

CORRECTIONAL OFFICER TRAINEE:

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An officer shall be employed in the trainee probationary status until basic jail school training is
successfully completed through the Piedmont Regional Criminal Justice Training Academy within
the first year. A correctional officer trainee shall be expected to perform the duties as described
herein as a correctional officer.

WORK ENVIRONMENT:

The work environment characteristics described here are representative of those an officer
encounters while performing the functions of this job. The number of inmates that are being held at

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any given time dictates the noise level in the work environment. Temperatures throughout the jail
can be hot, humid, and uncomfortable. The employee occasionally may be exposed to outside
elements including extreme heat or cold. The various work environments listed are intended only
as illustrations of the various working conditions that may be encountered. The correctional
officer’s job can be stressful and officers may become involved in confrontations with inmates at
any given time.

SUPERVISORY RESPONSIBILITIES:

None
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Note: Nothing in this job description restricts management’s right to assign or reassign
duties and responsibilities to this job at any time.

The applicant has read a copy of this job description, and understands the duties described. The
applicant further understands that by signing this does not constitute a job offer or any form of
agreement.

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Do any of the conditions of employment in the job description present a problem for you?
(Circle one) Yes or No If “Yes” and accommodations are needed please identify in writing
below.

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Are you able to perform the essential job functions without any accommodations? (Circle one)
Yes or No If “No” and accommodations are needed please identify in writing below.

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_______________________________________________
Print Name of Applicant

_______________________________________________
_____/_____/_________
Signature of Applicant Date

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None

QUALIFICATIONS:

To perform this job successfully, the individual must be able to perform each duty satisfactorily. Good communication
skills are necessary.

EDUCATION and/or EXPERIENCE:

High School Graduate or GED including job related experience/knowledge that meets the approval of the Sheriff.

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LANGUAGE SKILLS:

Ability to communicate effectively, interpret and respond to common situations and complaints. Ability to speak
Spanish is a plus.

WORK ENVIORMENT:

The work environment characteristics are those an officer encounters while performing the functions of this job in
public settings, courtrooms or in a correctional facility.

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WORK ENVIORMENT:

The work environment characteristics described here are representative of those an officer encounters while
performing the functions of this job.

The noise level in the work environment is dictated by the duties a bailiff encounters in different situations.

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Ability to read and comprehend legal documents, policy and procedure, briefing notes, reports,
instructions or other written matter.

Ability to inspect unclothed inmates.

Ability to make contact with inmates and other subjects with possible exposure to body fluids, wastes,
and/or deceased subjects.

Working knowledge of Federal, State and Local Laws, which may pertain to a given assignment.
Ability to impartially exercise independent judgment in the performance of duties.
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REASONING ABILITY:

Have the ability to be non-bias in all areas of dealing with an inmate’s so that no injustice has been
served.

WORK ENVIORMENT:

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The work environment characteristics described here are representative of those in a clinical setting of
a jail.

The noise level in the work environment is dictated by the duties a correctional officer would encounter.

ADDITIONAL COMMENTS:

Incumbent must be able to show discretion in handling confidential information.

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15. MEDICAL MANAGER
Rank: Deputy
Job Title: Medical Manager
Reports To: Captain / Jail Administrator
Prepared By: W. B. Hampton
Prepared Date: January 3, 2001
Revised By: J. L. Barker
Revised Date: December 12, 2016

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SUMMARY:

This position, as manager of the medical department of the Martinsville City Jail, will oversee all medical and mental
health issues as they pertain to inmates incarcerated under the supervision of the Martinsville Sheriff’s Office. This
position manages all designated medical rounds, passes out all prescribed medications to the inmates, and refills
inmate medication packets for dispersal at other times by designated jail shift staff.

This position reports to the Captain / Jail Administrator.

Serves on the eight hour on-call schedule.

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KNOWLEDGE, SKILLS AND ABILITIES:

Responsible for review and maintenance of medical records, documentation of medical treatment and transactions that
occur in the medical department, that they are complete and accurate. Stay informed on legal standards regarding
inmates and medical information. Schedule and coordinate medical appointments, filling and ordering supplies

Ensure the security of all pharmaceutical and medical information, Ensure compliance with state guidelines for the
collection of DNA, Coordinate all medical training for personnel, Manage the medical budget and striving to lowering
medical cost to include the coordination of the medical insurance for inmates and associated expenses, Schedule and
coordinate transports for mental health appointments and work with PCS concerning medication treatment. Manage

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the inmate drug screening, Work closely with the jail physician to coordinate appointments and to ensure that physician
orders are administered, Inform staff on all relevant medical issues maintaining the highest level of confidentiality,
ability to establish and maintain effective working relationships with the public and other agencies.

Other duties as deemed necessary of an officer.

SUPERVISORY RESPONSIBILITIES:

None.

EDUCATION and/or EXPERIENCE:

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High School Graduate or GED and Emergency Medical Technician certification are required. Previous experience in
EMS is preferred but not required. Prior work experience or training in a management is preferred.

LANGUAGE SKILLS:

The ability to communicate effectively, written and verbal, with various levels of professionals is necessary.

The officer must be able to communicate with inmates in a calm manner not to escalate a situation as well as interpret
and respond to common situations and complaints.

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WORK ENVIORMENT:
The work environment for this position is a correctional setting. This position is responsible to maintain security at all
times while handling inmates within the facility and when transporting outside of the secure area.

The number of inmates that are being held at that time dictates the noise level in the work environment. The job can
be stressful and may become involved in confrontations with inmates. The job is subject to be on call 24 hours a day
and 7 days a week for all medical needs and certain medical situations.

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16. LIDS COORDINATOR

Rank: Lieutenant
Job Title: LIDS Technician
Reports To: Captain / Jail Administrator
Prepared By: W. B. Hampton
Prepared Date: May 15, 2001
Revised By: J. L. Barker
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Revised Date: March 19, 2019

SUMMARY:

This position is responsible for entering and maintaining data within the Local Inmate Data System (LIDS).
LIDS is the State Compensation Boards system for maintaining and tracking information on persons
incarcerated under the care of the Martinsville Sheriff’s Office. Data that determines the per diem payments
that the Sheriff’s Office will receive for housing of prisoners is also taken from this source, thus accuracy is
paramount. This position also performs duties that cover all aspects of the classification process.

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KNOWLEDGE, SKILLS AND ABILITIES:

Update LIDS on line by performing commitments and releases utilizing data from committal records,
warrants, and other data provided at the time of processing. Updates in LIDS are done daily as information
is received from court dispositions and documents. Corrections, if needed, can be made before month end
certification processes are completed.

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Maintain and manage the inmate records, retention, and prepare the daily inmate jail roster. Update records
in the Incident Based Reporting (IBR) system, make inquiries through VCIN/NCIC, receive and disseminate
fax machine transcripts, knowledge of Excel spreadsheets, Word documents. Assist with Live Scan when
needed. Maintain certification in VCIN/NCIC and attend annual LIDS training in addition to other
department certifications required of corrections officers.

The information is reviewed on-line and compared with the information in the inmates’ file for consistency.
Communicate with police records department and the clerks of all courts to assure that all necessary
paperwork is attained in order to make proper entries into LIDS and IBR. Occasionally, contact the
magistrate if there are questions about state or local commitments.

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Perform local time computation and maintain record of release date on inmates serving a local sentence.
Scan inmate records. Expunge inmate records as demanded by written order of the state or court officials
as written by the Department of Criminal Justice Services. Return the completed request for expungement
to the Major. Assist with background investigations and personal interviews with each inmate to determine
their proper classification. Interview individuals committed to jail to serve their time on weekends and
complete all necessary paperwork.

Protect Inmate files and information that is to be strictly confidential except as outlined in the State Policy
and Procedure manual under Standard 6vac15-40-70 Release of Information. Conduct personal interviews

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upon request with inmates that may have concerns of their housing, custody status, welfare, local time
calculations, etc. Assist with inmate transportation/movement within our jail, other jails and State facilities.

(Purposes of: court, housing, transports etc.:), ability to establish and maintain effective working
relationships with co-workers, the public, and other agencies.

Serves on the eight hour on-call schedule.

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At the request of a supervisor, may be asked to assist in processing, provide security in the jail or assist in
any other area of the Sheriff’s Office.

SUPERVISORY RESPONSIBILITIES:

None

QUALIFICATIONS:

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To perform this job successfully, the individual must be able to perform each duty satisfactorily and have
had above satisfactory work performance evaluations in the past two years. Experience in classification is
helpful but not required.

EDUCATION and/or EXPERIENCE:

High School Graduate or GED including job related experience/knowledge that meets the approval of the
Sheriff.

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LANGUAGE SKILLS:

Ability to communicate, interpret and respond to common situations involved with this position. Ability to
speak some foreign language would be an asset.

MATHEMATICAL SKILLS:

Ability to perform common every day calculations such as adding, subtracting, multiplying, dividing etc.

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Ability to recognize if data seems realistic to aid in maintaining accuracy of reports/data.

REASONING ABILITY:

Have the ability to be non-bias in all areas of dealing with an inmate’s classification or disciplinary status etc.
so that no injustice has been served.

WORK ENVIORMENT:

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The work environment characteristics described here are representative of those an officer encounters while
performing the functions of a job in the correctional setting.

The noise level in the work environment is dictated by the duties a correctional officer would encounter.

17. CLASSIFICATION OFFICER

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Rank: Deputy
Job Title: Classification Officer
Reports To: Captain / Jail Administrator
Prepared By: W.B. Hampton
Prepared Date: August 9, 2000
Revised Date: December 02, 2013
Revised By: J. L. Barker
Revised Date: December 12, 2016

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SUMMARY:

This position is responsible for determining inmate housing, custody assignment, program participation and
maintenance of various reports by performing the following duties.

KNOWLEDGE, SKILLS AND ABILITIES:

Protect inmate files and information that is to be strictly confidential except as outlined in the State Policy
and Procedure manual under Standard 6vac15-40-70 Release of Information.

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Conduct thorough background investigations and personal interviews with each inmate to determine their
proper classification. Conduct personal interviews upon request with inmates that may have concerns of
their housing, custody status, welfare, local time calculations etc. Perform local time computation and
maintain record of release date on inmates serving a local sentence. Scan inmate records. Interview
individuals committed to jail to serve their time on weekends and complete all necessary paperwork. Assist
with inmate transportation/movement within our jail, other jails and State facilities. Occasionally, contact the
magistrate if there are questions about state and local commitments.

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Maintain and manage the Inmate records and retention. Prepare the daily inmate roster sheet, Verify that
all inmate information has been entered correctly into the Incident Based Reporting (IBR) system. Assist
with the Local Inmate Data System (LIDS) in the absence of the LIDS Technician. Must be certified in
VCIN /NCIC in order to check criminal and applicant background & DMV status. Prepare jail credit reports
on inmates. Must be familiar with Excel spreadsheets, Word documents, and Live Scan procedures. Has
the ability to establish and maintain effective working relationships with co-workers, the public and other
outside agencies.

This position also serves on the eight hour on-call schedule.

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At the request of a supervisor, may be asked to assist in processing, provide security in the jail or assist in
any other area of the Sheriff’s Office.

SUPERVISORY RESPONSIBILITIES:

None

QUALIFICATIONS:

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To perform this job successfully, the individual must be able to perform each duty satisfactorily and have
had above satisfactory work performance evaluations in the past two years. Experience in classification is
helpful but not required.

EDUCATION and/or EXPERIENCE:

High School Graduate or GED including job related experience/knowledge that meets the approval of the
Sheriff.

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LANGUAGE SKILLS:

Ability to communicate, interpret and respond to common situations involved with this position. Ability to
speak some foreign language would be an asset.

MATHEMATICAL SKILLS:

Have the ability to perform common every day calculations such as adding, subtracting, multiplying, dividing
etc. Have the ability to recognize if data seems realistic to aid in maintaining accuracy of reports/data.

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REASONING ABILITY:

Have the ability to be non-bias in all areas of dealing with an inmate’s classification or disciplinary status etc.
so that no injustice has been served.

WORK ENVIORMENT:

The work environment characteristics described here are representative of those an officer encounters while
performing the functions of a job in the correctional setting.

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The noise level in the work environment is dictated by the duties a correctional officer would encounter.

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18. WORK FORCE MANAGER
Rank: Lieutenant
Job Title: Work Force Manager
Reports To: 1st Lieutenant / Asst. Jail Administrator
Prepared By: W.B. Hampton
Prepared Date: September 6, 2000
Revised By: J. L. Barker
Revised Date: September 28, 2021

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SUMMARY:

Oversee and assure smooth operation of the Work force in all aspects of the operation through coordination with the
officers, public works and nonprofit organizations.

Responsible for the officers and their performance that he or she is assigned.

KNOWLEDGE, SKILLS AND ABILITIES:

Give direction and support to subordinates and assure they are following policy and procedure. Delegation, reviewing
shift reports and documentation for accuracy, officer counseling and discipline, scheduling of personnel, performance
evaluations, giving support to other areas outside of corrections, facility cleanliness, handling grievances and request,
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safety and security of all officers and inmates, problem solver, handling hostile situations as well as assuring that
inmates are being treated fairly as well as humane. Insure that inmates follow the rules, officers monitor inmate’s
activities, including working, exercising, eating and showering. The search of inmate’s and their housing units for
weapons, drugs and contraband, settle disputes between inmates, and enforce discipline. Periodically inspect the
facilities. They, for example check cells and other areas for unsanitary conditions, weapons, drugs, fire hazards, and
any evidence of infractions of rules. Inspect locks, bars, doors, and gates for signs of tampering.

Prepare reports on inmate activity as well as incidents or write-ups. They escort inmates from their housing units to
court, visitation and transport them to other localities. This position is responsible for the enhancement of the work
force program. Supervises the operation of the community service program. Collect and review all policy and
procedure documentation in accordance with State standards. All maintenance problems are corrected either by

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inmate labor, outside contractor or him/her self. Performs all preventive maintenance and supervises and coordinates
inmate labor on all maintenance aspects of the facilities.

Occasionally performs minor new construction projects, Reports all problems, ideas and possible changes to the jail
administrator. Ability to establish and maintain effective working relationships with the public and other agencies.

Calling Annex Control to inform location of job site.

Advising the Asst. Jail Administrator and/or Jail Administrator of weekly work agenda.

This position serves on the eight hour on-call schedule.

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Other duties as deemed necessary of an officer.

SUPERVISORY RESPONSIBILITIES:

Oversees the overall performance of all Work Force officers and indirectly oversees correctional officers assigned at
the annex.

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QUALIFICATIONS:

To perform this job successfully, the individual must be able to perform each duty satisfactorily and have had above
satisfactory work performance evaluation in the past two years. Experience in scheduling and supervision is helpful
but not required.

EDUCATION and/or EXPERIENCE:

High School Graduate or GED including job related experience/knowledge that meets the approval of the Sheriff.

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LANGUAGE SKILLS:

Ability to communicate effectively, interpret and respond to common situations and complaints.

REASONING ABILITY:

Have the ability to be bias in all areas of dealing with employee’s and inmate’s so that no
injustice has been given.

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19. ASST. WORK FORCE MANAGER

Rank: Deputy
Job Title: Asst. Work Force Manager
Reports To: Work Force Manager
Prepared By: W.B. Hampton
Prepared Date: September 6, 2000
Revised By: J. L. Barker
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Revised Date: September 28, 2021

SUMMARY:

Supervises the performance of work force inmates assigned under his or her guidance and assures that satisfaction is
received for the task they are performing.

This position reports to the Work Force Manager.

KNOWLEDGE, SKILLS AND ABILITIES:

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Responsibilities include working closely with inmates to assure that satisfaction is achieved on all work assignments
that are routine and other miscellaneous projects. Enforces and assures that all inmates are following the jail rules and
he or she follows the rules and regulations as set by the policies and procedures of the Martinsville Sheriff's Office.
This will be accomplished by managing all scheduled work sites as well as unscheduled sites.

All problems, ideas and possible changes are to be communicated to the Work Force Manager. No changes will be
implemented without prior approval. Has the ability to establish and maintain effective working relationships with the
public and other agencies.

Calling Annex Control to inform location of the job site.

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Assists in searching inmates, facility, and vehicles when needed.

Responsible for the upkeep of equipment and maintenance needed.

Assists with picking up supplies and/or other items, for the annex, from the city warehouse.

Assists with nicotine and drug testing of the inmates.

Helps with the “Wood Program” by supervising the wood cutting, distributing the wood, and/or other tasks needed.

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Assists with all other special projects or events within the city or county as predetermined.

Work the “Household Hazardous Waste Day” as scheduled.

Keeping up with ground maintenance (mowing, etc.) within the city or county as predetermined.

Keep accurate record of workforce hours and reporting hours to the Work Force Manager.

Helps clean the Moss Street Office, Academy, or etc. as needed.

This position serves on the eight hour on-call schedule.

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Other duties as deemed necessary by the Work Force Manager and or Sheriff.

SUPERVISORY RESPONSIBILITIES:

Oversees the overall performance of all Work Force inmates under his or her custody and takes necessary action of all
performance issues and reports to his or her supervisor.

Works closely with the Annex officers on any problems, issues or concerns that they may have with work force inmates
and report all to the Work Force Manager.

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QUALIFICATIONS:

To perform this job successfully, the individual must be able to perform each duty satisfactorily and have had above
satisfactory work performance evaluation in the past year. Experience in inmate supervision is helpful but not required.

EDUCATION and/or EXPERIENCE:

High School Graduate or GED including job related experience/knowledge that meets the approval of the Sheriff.

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LANGUAGE SKILLS:

Ability to communicate effectively, interpret and respond to common situations and complaints.

REASONING ABILITY:

Have the ability to be non-bias in all areas of dealing with an inmate’s so that no injustice has been given.

WORK ENVIORMENT:

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The work environment characteristics described here are representative of those an officer encounters while
performing the functions of this job. The number of inmates that are being held at that time dictates the noise level in
the work environment. Temperature can be hot and uncomfortable; the correctional officer’s job can be stressful and
officers may become involved in confrontations with inmates.

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20. OFFICE ASSOCIATE I
Job Title: Office Associate I
Reports To: Major
Prepared By: Laura Hopkins

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Prepared Date: September 5, 2001
Revised: August 12, 2014
Revised By: J. L. Barker
Revised Date: December 12, 2016

GENERAL DEFINITION OF DUTIES:

This position requires varied clerical / administrative work. Work involves performing a variety of general secretarial
duties including skilled typing, filing, computer skills, receptionist, clerical work, and relieving administrators of routine
administrative details. Accepts and processes money orders, bank deposits, deductions for medical co-pay and

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commissary charges for inmates, receipts, balances payroll for work force inmates, and balances daily operations
accounts and checkbooks.

Work requires the exercise of initiative, independent judgment, discretion and confidentiality. Works very close with the
public.

EXAMPLES OF WORK:

Maintaining and managing all aspects of each new term of jury for the circuit court which includes preparing jury lists,
papers for service and contacting jurors.

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Screens and refers callers and visitors, answers various inquiries personally, provides information on department
services and functions.

Uses computer software for word processing, spreadsheets and other applications,

Maintain and update office web page and Facebook page.

Sorts and distributes mail. Type outgoing and in-house correspondence for administration. Records personnel
vacation time in IBR and keeps data up to date in personnel files. Assists with recording information and
documentation for new employees.

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Shares and/or alternates certain duties with Office Associate II. Serves as backup for Office Associate II in their
absence.

Handling of confidential personnel files. Operates standard office computers and fax equipment etc, performs any other
task as required by the administration as well as a variety administrative and technical assignments.

Enters civil papers. Prepares travel vouchers for reimbursement from the state.

Maintains yearly work schedules for shifts and on call.

Handles ordering and receiving officer uniforms including any embroidering with outside companies.

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QUALIFICATIONS:

High school graduate, or equivalent, with supplemental training in secretarial work. Considerable knowledge in
business English, spelling, math and vocabulary.

Ability to effectively use and operate various items of office related equipment, such as but not limited to computer,
calculator, copier and fax machine.

Ability to establish and maintain effective working relationships with other employees and the public and to deal with
public relations problems courteously and tactfully.

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Knowledge of modern office equipment, practices and procedures including us of personal computers.

Ability to verbally communicate in an effective manner with public and employees through the use of the telephone,
two-way radio and through personnel contact.

PHYSICAL DEMANDS:

The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations may
be made to enable individuals with disabilities to perform the essential functions.

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While performing the duties of this job, the employee is frequently required to sit and talk or
hear.

The employee is occasionally required to walk; use hands to finger, handle, or feel objects, tools,
or controls; and reach with hands and arms.

The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.

WORK ENVIRONMENT:

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The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job.

Reasonable accommodations may be


made to enable individuals with disabilities to perform the essential functions.

The noise level in the work environment is usually quiet.

The job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and requirements of

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the job changes

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21. OFFICE ASSOCIATE II

Job Title: Office Associate II


Reports To: Major
Prepared By: Laura Hopkins
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Prepared Date: July 1, 2014
Revised By: J. L. Barker
Revised Date: December 12, 2016

GENERAL DEFINITION OF DUTIES:

This is an advanced and varied clerical/administrative position of a more responsible nature providing
clerical and administrative support indirectly to multiple upper management positions.

Work involves performing a variety of responsible and advanced secretarial duties in relieving a

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supervisor of delegated administrative details and includes skilled typing, computer skills, assisting in the
preparation of reports and letters, and other office management responsibilities. Work is performed
under the general administrative direction of a supervisor, and requires the exercise of considerable
initiative, independent judgment, discretion and confidentiality in handling delegated administrative
details and various secretarial duties. Reconciles canteen and inmate account bank statements.

EXAMPLES OF WORK:

Answers telephone calls and greets office customers; screens and refers calls and inquiries as
necessary; provides detailed information on departmental services, programs and functions; provides
responses and follows through on inquiries, complaints, and requests requiring limited interpretation of

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laws, rules, regulations and policies.

Relays instructions and messages by radio and telephone; distributes mail and opens office mail; routes reports and
correspondences.

Establishes and maintains files; plans and maintains an adequate supply of office materials; provides for routine
maintenance of office equipment. Records and maintains documentation of civil fees and reports.

Maintains fiscal and related records where strong technical knowledge is required for COIN (State Compensation
Board System) and MUNIS (City of Martinsville System); assists in preparing budgets; prepares and/or checks payroll

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timesheets for submission to Finance Department, vouchers, requisitions, and purchase orders making adjustments
and calculations as required; maintains personnel, financial, and similar records.

Assists in the processing of worker’s compensation claims and forwards all related
correspondence to appropriate departments; follows up on any questions regarding particular claims
checking against a variety of records in order to secure complete and accurate information.

Make daily rounds within the city offices and sorts/distributes mail and correspondence that come into the office. This
includes stamping date and time received for civil and other relative documents and sorting these documents for the
civil officers.

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Performs related work as required.

MINIMUM QUALIFICATIONS OF WORK:

High school graduation (or the equivalent), supplemented by advanced courses in secretarial
science or business administration and computer software, and training which provides the following knowledge,
abilities, and skills:
Considerable knowledge of secretarial practices and procedures, business English, spelling, math,
vocabulary, and principles of office management.

Considerable knowledge of modern office equipment, practices and procedures.

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Ability to make moderately complex decisions in accordance with established policies and
procedures.

Ability to independently prepare effective correspondence on moderately complex matters and


to perform office management.

Ability to maintain effective working relationships with other employees and the public and to
deal with public relations problems courteously and tactfully. Reports any concerns to supervisor in a timely manner.

Ability to verbally communicate in an effective manner through the use of the telephone, two-

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way radio and personal contacts.

Skill in the operation of a personal computer; the ability to perform complex typing/keying
tasks. Physical capability to effectively use and operate various items of office equipment, such as, but
not limited to, computer, calculator, copier, and fax machine.

Will assist and serve as back up for Office Associate I.

Obtain/maintain certification as a Notary.

PHYSICAL DEMANDS:

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The physical demands described here are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable accommodations may
be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is frequently required to sit and talk or
hear. The employee is occasionally required to walk; use hands to finger, handle, or feel objects, tools,
or controls; and reach with hands and arms.

The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.

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WORK ENVIRONMENT:

The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations may be
made to enable individuals with disabilities to perform the essential functions.

The noise level in the work environment is usually quiet.

While performing the duties of this job, the employee normally will work in an office
environment.

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The job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and requirements of
the job changes.

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23. KITCHEN SUPERVISOR I (CIVILIAN)
Job Title: Jail Kitchen Supervisor
Reports To: Captain / Jail Administrator
Prepared By: W. B. Hampton
Prepared Date: September 20, 2001
Revised By: J. L. Barker
Revised Date: May 3, 2019

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SUMMARY:

This position plans meals, prepares meals, purchase food, supervises the inmates assigned to the kitchen, and closely
supervises inmates as they prepare meals.

KNOWLEDGE, SKILLS AND ABILITIES:

Works closely with the required State menu preparation and filed documentation as well as the purchases of all food,
Manages food purchases to stay within the budget, manages to keep low inventory for just in time deliveries, Assure
meals are on time for 84 inmates plus, assist in preparing a variety of menus based on medical and religion and

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prepares main meals, supervises trustee kitchen help, stocks and stores food items, ensure that all equipment is in
working order and secure when not in use, assist in office personnel outings and special prepared meals.

SUPERVISORY RESPONSIBILITIES:

Supervise all inmates assigned to the kitchen.

QUALIFICATIONS:

To perform this job successfully, the individual must be able to perform each duty; good repore with administration,
personnel and vendors, ability to make good decisions on food purchases.

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EDUCATION and/or EXPERIENCE:

High School Graduate or GED. or the equivalent in experience in food preparation and management that meets the
approval of the Sheriff.

LANGUAGE SKILLS:

Ability to communicate, interpret and respond to common situations involved with this position.

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MATHEMATICAL SKILLS:

Ability to perform common every day calculations such as adding, subtracting, multiplying, dividing etc.

REASONING ABILITY:

Have the ability to be non-bias in all areas of dealing with an inmate.

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24. KITCHEN SUPERVISOR ASSISTANT (CIVILIAN)
Job Title: Jail Kitchen Supervisor Assistant
Reports To: Captain / Jail Administrator
Prepared By: W. B. Hampton
Prepared Date: August 12, 2014
Revised By: J. L. Barker
Revised Date: December 12, 2016

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SUMMARY:

This position works very close with the senior kitchen supervisor, plans meals, prepares meals, and supervises
inmates as they prepare meals.

KNOWLEDGE, SKILLS AND ABILITIES:

Works closely with the required State menu preparation and filed documentation as well as the purchases of all food,
Manages food purchases to stay within the budget, manages to keep low inventory for just in time deliveries, Assure
meals are on time for 84 inmates plus, assist in preparing a variety of menus based on medical and religion and

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prepares main meals, supervises trustee kitchen help, stocks and stores food items, ensure that all equipment is in
working order and secure when not in use, assist in office personnel outings and special prepared meals.

SUPERVISORY RESPONSIBILITIES:

Supervise all inmates assigned to the kitchen.

QUALIFICATIONS:

To perform this job successfully, the individual must be able to perform each duty; good repore with administration,
personnel and vendors.

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EDUCATION and/or EXPERIENCE:

High School Graduate or GED. or the equivalent in experience in food preparation and management that meets the
approval of the Sheriff.

LANGUAGE SKILLS:

Ability to communicate, interpret and respond to common situations involved with this position.

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MATHEMATICAL SKILLS:

Ability to perform common every day calculations such as adding, subtracting, multiplying, dividing etc.

REASONING ABILITY:

Have the ability to be non-bias in all areas of dealing with an inmate.

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25. KITCHEN SUPERVISOR II (CIVILIAN)
Job Title: Annex Kitchen Supervisor
Reports To: Work Force Manager
Shift Lieutenant / Sergeant on duty
Prepared By: J. L. Barker
Prepared Date: May 3, 2019

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SUMMARY:

This position plans meals, prepares meals, purchase food, supervises the inmates assigned to the kitchen, and closely
supervises inmates as they prepare meals.
.
KNOWLEDGE, SKILLS AND ABILITIES:

Works closely with the required State menu preparation and filed documentation as well as the purchases of all food,
Manages food purchases to stay within the budget, manages to keep low inventory for just in time deliveries, Assure
meals are on time for 44 inmates plus, including control room staff, assist in preparing a variety of menus based on
medical and religion and prepares main meals, supervises trustee kitchen help, stocks and stores food items, ensure

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that all equipment is in working order and secure when not in use, assist in office personnel outings and special
prepared meals.

SUPERVISORY RESPONSIBILITIES:

Supervise all inmates assigned to the kitchen.

QUALIFICATIONS:

To perform this job successfully, the individual must be able to perform each duty; good repore with administration,
personnel and vendors, ability to make good decisions on food purchases.

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EDUCATION and/or EXPERIENCE:

High School Graduate or GED. or the equivalent in experience in food preparation and management that meets the
approval of the Sheriff.

LANGUAGE SKILLS:

Ability to communicate, interpret and respond to common situations involved with this position.

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MATHEMATICAL SKILLS:

Ability to perform common every day calculations such as adding, subtracting, multiplying, dividing etc.

REASONING ABILITY:

Have the ability to be non-bias in all areas of dealing with an inmate.

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26. MAINTENANCE (P/T CIVILIAN)
Job Title: Maintenance Supervisor
Reports To: 1st Lieutenant
Prepared By: W. B. Hampton
Prepared Date: September 15, 2000
Revised: May 1, 2012
Revised By: J. L. Barker
Revised Date: December 12, 2016
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SUMMARY:

Coordinates and oversees that all routine and major maintenance within the correctional facilities are in working order.

KNOWLEDGE, SKILLS, AND ABILITIES:

All maintenance problems are corrected either by inmate labor, outside contractor or him/her self. Performs all
preventive maintenance and supervises and coordinates inmate labor on all maintenance aspects of the facilities.

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Occasionally performs minor new construction projects, Reports all problems, ideas and possible changes to the jail
administrator.

RESPONSIBILITIES:

Performs, coordinates and oversees all routine and major maintenance within the correctional facilities. Reports time
worked with a shift supervisor and; or the Control room operator (start work / end work). Responsible for making
purchases for maintenance supplies and any other items needed (with prior approval) from immediate supervision.
Assures office vehicles in his use are used only for facility work. Schedule maintenance/repair contractors to work
within the hours of about 0700-1500 weekdays. Assures maintenance orders are completed within seven working days

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from order placement and submitted to the jail administrator assistant upon completion, orders that have taken longer
than the allowance hours/days are to have justification when completed.

Perform other duties as deemed necessary by the Sheriff.

WORK SCHEDULE:

Monday-Friday randomly- limited hours due to part-time status unless approved by Administration for outside normal
hours allowed. There are allowances for emergencies, working with outside maintenance/ repair contractors, or other
Sheriff’s Office projects to meet deadlines.

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SUPERVISORY RESPONSIBILITIES:

Only when using inmate labor.

QUALIFICATIONS:

To perform this job successfully, the individual must be able to perform each duty and minor handyman projects
satisfactorily. Excellent working relations with officers, experience or basic knowledge in the handling minor plumbing,
painting, electrical, HVAC, etc.; some lifting is required.

EDUCATION and/or EXPERIENCE:

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Job related experience/knowledge that meets the approval of the Sheriff.

MATHEMATICAL SKILLS:

Ability to perform common every day calculations that are associated with construction and maintenance projects.

LANGUAGE SKILLS:

Ability to communicate effectively, interpret and respond to common situations.

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WORK ENVIORMENT:

The number of inmates that are being held at that time may dictate the noise level in the work environment.
Temperature can be hot/cold and uncomfortable. This position is subject to enter the jail or the courts as routine
responsibilities deem necessary, and are subject to encounter prisoners with attitudes/behavior issues/offensive
language and possibly indecent exposure.

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27. CONTROL ROOM OPERATOR (CIVILIAN)

Job Title: Control Room Officer/ Civilian


Reports To: 1st Lieutenant
Prepared By: W.B. Hampton

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Prepared Date: June 13, 2002

SUMMARY:

Provides support and assistance in the jail’s control room.

KNOWLEDGE, SKILLS AND ABILITIES:

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Maintain surveillance of corrections personnel and their movement throughout the Correctional Facility. Monitor the
audio and visual surveillance equipment and any other computer software related programs linked to the security
operation of the facility. Monitor movement of inmates, staff and visitors via video and intercom systems. Identify
individuals with the assistance from staff in order to approve or deny access in to the facility. Must be able to
communicate clear radio traffic with professionalism. Operate the activation of security doors within the facility.
Answer phones and route calls. Enter data into the computer. Ensure all equipment is functional and report
equipment failure. Maintain the cleanliness of the control room. Ability to establish and maintain effective working
relationships with the public and other agencies, does not perform any direct supervision of inmates.

QUALIFICATIONS:

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Must be able to work independently in the absence of supervision. Perform multiple tasks. Knowledge of Department
of Corrections State Standards and Department Policy and Procedures. Must have computer skills. Must have good
communication skills both orally and in writing. Good observation skills. Must be able to work under pressure and
exercise good judgment. Respond in an efficient and calm manner in emergencies. Must be familiar with facility’s
evacuation plans. Must have knowledge in procedures for contacting emergency services such as fire and rescue.

EDUCATION and/or EXPERIENCE:

High School Graduate or GED including job related experience/knowledge that meets the approval of the Sheriff.

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LANGUAGE SKILLS:

Ability to communicate effectively, interpret and respond to common situations.

WORK ENVIORMENT:

The work environment characteristics described here are representative of those an officer encounters while
performing the functions of this job.

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The noise level in the work environment is dictated by the duties a correctional officer would encounter.

28. AUXILIARY DEPUTY

Rank: Deputy
Job Title: Auxiliary Deputy
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Reports To: Chief Deputy
Prepared By: W.B. Hampton
Prepared Date: March 9, 2011

SUMMARY:

Auxiliary deputies are volunteer that work with no compensation. Auxiliary deputies are assigned
to the operation of office motorcycles that assist with events such as motorized races, bike

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fundraisers, VIP/funeral escorts, etc. Auxiliary Deputy Assignment’s will be coordinated and
scheduled according to the level of training achieved by the deputy.

This position involves a great deal of interaction with the public and the officer must conduct
him/herself in a professional and courteous manner at all times.

KNOWLEDGE, SKILLS AND ABILITIES:

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Certified in the motor- officer training which includes, crowd control, traffic enforcement and escort
service. Adhere to all policies, procedures, City/County ordinances, and State laws.

TRAINING:

Annual - Firearm qualification

Annual - Motor-officer refresher training includes (Motorcycle maneuvers/handling, crowd control,


traffic enforcement and escorts).

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SUPERVISORY RESPONSIBILITIES:

None

QUALIFICATIONS:

To perform this job successfully, the individual must be able to perform each duty satisfactorily and
the ability to follow other officers commands he/she is assigned to.

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EDUCATION and/or EXPERIENCE:

High School Graduate or GED including job related experience/knowledge that meets the approval
of the Sheriff.

LANGUAGE SKILLS:

Ability to communicate effectively


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WORK ENVIORMENT:

The work environment characteristics are those an officer encounters while performing the functions of this job in
public settings.

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29. WORK FORCE P/T CIVILIAN
Rank: P/T Civilian
Job Title: Work Force Employee
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Reports To: Work Force Manager
Prepared By: J. L. Barker
Prepared Date: May 3, 2019

SUMMARY:

Supervises the performance of work force inmates assigned under his or her guidance and assures that satisfaction is
received for the task they are performing.

This position reports to the Work Force Manager.

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KNOWLEDGE, SKILLS AND ABILITIES:

Responsibilities include working closely with inmates to assure that satisfaction is achieved on all work assignments
that are routine and other miscellaneous projects. Maintains a safe work environment for inmates while on roadside
work sites by the usage of warning lights, vehicle placement, sign usage and coordination with VDOT where needed.
Enforces and assures that all inmates are following work force rules and he or she follows the rules and regulations as
set by the policies and procedures of the Martinsville Sheriff's Office Work Force program. This will be accomplished by
managing all scheduled work sites as well as unscheduled sites.

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All problems, ideas and possible changes are to be communicated to the Work Force Manager. No changes will be
implemented without prior approval. Has the ability to establish and maintain effective working relationships with the
public and other agencies.

Other duties as deemed necessary by the Work Force Manager and or Sheriff.

SUPERVISORY RESPONSIBILITIES:

Oversees the overall performance of all Work Force inmates under his or her custody and takes necessary action of all
performance issues and reports to his or her supervisor.

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Works closely with the Annex officers on any problems, issues or concerns that they may have with work force inmates
and report all to the Work Force Manager.

Ensures inmates have proper safety and protective equipment for the job assignments at task.

Track and record litter collection totals and areas serviced daily.

QUALIFICATIONS:

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To perform this job successfully, the individual must be able to perform each duty satisfactorily. Experience in inmate
supervision is helpful but not required.

EDUCATION and/or EXPERIENCE:

High School Graduate or GED including job related experience/knowledge that meets the approval of the Sheriff. Have
a valid drivers license in good standing.

LANGUAGE SKILLS:

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Ability to communicate effectively, interpret and respond to common situations and complaints.

REASONING ABILITY:

Have the ability to be non-bias in all areas of dealing with an inmate’s so that no injustice has been given.

WORK ENVIORMENT:

The work environment characteristics described will vary on a day by day basis.

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MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: INSPECTION POLICY NUMBER: 2-7

EFFECTIVE DATE: 6/1/06 Number of pages 1-3


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 12/04/08 Authorizing Authority: ____________________________
Sheriff

I. POLICY

The Sheriff is responsible for establishing and maintaining regular inspections to


maintain high standards of performance. Although the ultimate responsibility of
inspection and control rests with the sheriff, inspections must be carried out
continuously at all levels of supervision.

The goal of inspection is operational efficiency and effectiveness. While an


inspection may reveal infractions of office orders, inspection is not solely a
disciplinary process: it is a fair, impartial, and honest appraisal of efforts. The
inspector must have a positive, constructive attitude and make every effort to instill
respect for, and understanding of, the inspection process.

II. PURPOSE

To establish policy and procedures for continuous inspection of the office’s


personnel, resources, and operational effectiveness.

III. PROCEDURES

A. Inspection objectives

The objectives of inspections include the following:

1. To learn whether a task is being performed as outlined and are


procedures being complied with.

2. To learn whether office goals and objectives have been achieved.

3. To discover whether office resources are being used to the best


advantage.

4. To identify and document needs, deficiencies, omissions, or


problems.

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5. To provide a means for recognizing, reporting, and rewarding
exemplary performance and to institute disciplinary procedures for
those who disobey or fail to comply with office orders.

B. Line Inspections

1. Line inspection should be an ongoing process conducted by those


with direct supervision and those who have authority to act or require
immediate action of subordinates. Ongoing inspection is a duty of
every supervisor.

2. Line inspection responsibilities shall include personal inspection of


employees, the equipment they use, the facilities they use, how it is
used and cared for, how employees perform their duties and
activities, and the result of their efforts. This duty includes the
responsibility to take the immediate action indicated by the
inspection. Such action should include recognition for exemplary
performance and corrective action for deficiencies. Where significant
deficiencies exist, employee counseling will be provided by the
supervisor and documented on the Record Inspection Reports,
Employee Counseling Form or Memo. As in the case of exemplary
performance, significant deficiencies should be brought to the
attention of respective supervisors in the chain of command by
forwarding a copy of the counseling form. Supervisors are
responsible to ensure corrective action has been taken.

C. Staff Inspections

1. The staff inspection is that conducted on an annual basis by the


respective divisional supervisors (Court Services, Civil Process).

2. Oral or written commendations shall be used to identify exemplary


performance. Significant operational and administrative deficiencies
should be brought to the attention of the concerned staff Employee
by either inspection reports, counseling Forms or by memo for
follow up action member through the use of the Record.

D. Conduct of Inspections

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1. The divisional supervisors shall record the results of inspections by
compiling a year-end report and forwarding it to the Sheriff for
review.

2 Supervisors shall record monthly a conduct inspection report of


assigned personnel to insure that the prescribed articles of uniform
and equipment are in clean and serviceable condition.

3. Unsatisfactory conditions shall be explained to the employee and


correction required.

4. Uniformed employees who present an excellent appearance as a


result of an inspection shall be commended orally or in writing by
their supervisor.

This policy supersedes all previous administrative directives.

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MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: SELECTION PROCESS POLICY NUMBER: 2-8

EFFECTIVE DATE: 6/20/06 Number of pages 1-6


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 07/03/08, 12/16/08, 09/07/12, 2/15/17 Authorizing Authority: ____________________________
1/10/20
Sheriff

I. POLICY

The Martinsville City Sheriff's Office strives to obtain the best deputy sheriff's
possible to help achieve the offices goals of providing the most effective and safe
delivery of corrections, civil process and court services. To that end, the office shall
practice a regimented selection procedure while simultaneously affording equal
opportunity to everyone regardless of race, creed, color, sex, national origin, sexual
orientation, or age. The office does not discriminate against people with disabilities
and affords them the same access to employment provided to all citizens. Where
possible, the office provides reasonable accommodation to the known disabilities of
qualified people. Personnel who participate in the screening and hiring of applicants
shall be trained or work under the guidance of personnel trained in such and shall be
guided by fairness, equal opportunity (reference Code of Virginia), and consistency
in applying the procedures set forth in this order.

II. PURPOSE

The purpose of this order is to outline minimum hiring requirements for deputy
sheriffs.

III. DEFINITIONS

A. Disability

A physical or mental impairment that substantially limits one or more of the


major life activities.

B. Good moral character

The attributes of a prospective employee that enhance his or her value to the
office and the goals of providing the most effective and safe delivery of
services, which include honesty, integrity, truthfulness, obedience to the oath
of office and the code of ethics, respect for authority, and respect for the
rights of others.

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C. Reasonable accommodation

The modification of existing facilities to render them more accessible to and


usable by people with disabilities. Also refers to restructuring the job or
modifying work schedules to assist in the assignment of a disabled
employee.

IV. PROCEDURES

A. The minimum qualifications that all applicants for the position of deputy
sheriff must meet include the following:

1. Age of 18.

2. High school graduate or equivalent.

3. Not a convicted felon.

4. Physical living address/residence no more than thirty miles from the


Sheriff’s Office.

5. Passing a background investigation scrutiny of which includes the


following:

a. Obtain the applicant's driving record from DMV.


b. NCIC/VCIN criminal history check.
c. IBR history check.
d. Interview references, past employers, Co-workers,
neighbors, acquaintances etc.
e. If applicable a military employment interview and
discharged papers obtained;
f. Education, including all schools attended and degrees,
transcripts and certificates obtained;
g. Verification of valid VA drivers license
h. Verify citizenship of the United States.
i. Legal residence verification;
j. A fingerprint-based criminal history search, including all
arrests, locations, dates, and dispositions;
k. Polygraph examination

4. Completion of a favorable interview.

5. Satisfy certified firearm instructors of the handling and firing of


a firearm.

6. Passing a physical examination/drug screening

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7. Be of good moral character.

a. Good moral character is determined by a favorable report


following the comprehensive background investigation. The
interview shall be employed to help evaluate good moral
character.

8. Any other standards set by law (Virginia Code) or by policy of the


Criminal Justice Services Board.

Note: Qualifications “BOLD highlights” above are waived for


applicants that have previously served with other agencies.

B. The applicant must perform the following:

1. Complete a written application and submit it to the Office.


2. Complete the Confidential Questionnaire and submit.
3. Produce a copy of birth certificate, Social Security Card,
Valid VA drivers license, High school diploma or GED,
High School and College transcripts, Certificates of any post-
high school training, Military DD214.
4. Passing a reading and a correctional exam.
5. Passing a physical eligibility exam.
6. Successful interview.
7. Passing a physical medical exam and drug screening.
8. Firing of a firearm.
9. Polygraph examination.

C. The employee assigned to investigate the applicant shall perform the


following

1. Ask the applicant whether he or she needs reasonable


accommodation in order to participate in the application process
itself or take any screening test permitted under the Americans With
Disabilities Act
3. Obtain the applicant's driving record from DMV.
4. NCIC/VCIN criminal history check.
5. IBR history check.
6. Have the applicant sign appropriate release forms.
7. If the applicant has recently lived outside Martinsville, request
records checks through agencies in the applicant's previous
communities.
8. Obtain references from the applicant's current and past employers.
9. Conduct interviews of neighbors near applicant's residences.
8. Provide a complete background investigation file to the sheriff.

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D. The sheriff shall perform the following:

1. The sheriff shall consider the applicant's appearance (for neatness


and cleanliness), mannerisms, judgment, maturity, resourcefulness,
and compatibility with office goals during the interview.

2. Ensure that the applicant fully understands the selection process and
the conditions and procedures for re-application.

3. May make a conditional offer of employment. The candidate must


then undergo a physical examination (mandated by Code of Virginia)
and a related inquiry, required by all entering employees in sworn
positions. The inquiry may consist of questions about the ability of
the applicant to perform job-related functions.

a. Further, no conditional offer will be considered final until


after a satisfactory medical evaluation, and a satisfactory pre-
employment drug screening is complete. After the
conditional offer has been made, the applicant may be asked
about previous injuries and workers' compensation claims.

4. Ensure that the appointee understands job benefits, health plans,


administrative matters concerning overtime and off-duty
employment, plus conditions of employment, pension, and disability.

A. Re-application: Unsuccessful applicants will be notified by mail.


Candidates will be allowed that have not yet been appointed to
probationary status to reapply, be re-tested and re-included on the
eligible test. Candidates who have been rejected for cause (e.g.
background investigation, medical, etc.) will not be allowed to
reapply. Candidates rejected due to initial low scores will be allowed
to reapply and be re-tested in the following year for one additional
time; if again disqualified by scores, no further reapplication will be
allowed.

F. Lateral entry.

1. An already-certified deputy/officer in another Virginia agency must


meet the criteria set forth above with the exception of a waiver from
the written exams. If accepted for employment, the deputy will not
be assigned to attend a basic academy, subject to the status of the
deputy’s certification and training.

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2. The employee assigned to investigate the applicant shall ensure that
an applicant with prior experience has not been decertified per Code
of Virginia.

G. Disqualification

1. Applicants are not considered prior to the beginning of the selection


process when the following criteria are determined.

a. Under age 18, Non-high school graduate or General


Education or Convicted Felon.

2. In disqualifying an applicant following any examination, the sheriff must


show that

a. the applicant cannot perform the essential requirements of the


job; and

b. that no reasonable accommodation would enable the


applicant to perform the essential requirements of the job.

3. Following a medical examination, an offer of employment may be


withdrawn if the applicant poses a "direct threat" in the workplace (per
EEOC guidelines, "a significant risk of substantial harm to the individual
or others that cannot be eliminated or reduced . . . through reasonable
accommodation"). The sheriff must base the threat on medical
knowledge, not just speculation.

4. All applicants shall receive written notification of their application status.

5. All test results; background investigations and other related information


shall be maintained in accordance with the Code of Virginia.

NOTE:

It is the Sheriff’s discretion whether to hire or disqualify an applicant already


related biologically or by marriage to an existing employee or to dismiss one
or more active employees that become related at a later date.

V. PROBATION

A. All newly-hired deputies shall be considered on probation for one year


including the successful completion of basic academy from the date of
employment. The same probationary period applies to deputies hired through
lateral entry.

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B. The date of employment for deputies on occasions will exceed 30 days
before the beginning of a basic academy class to which the appointee has
been assigned. If the deputy begins work before a basic academy, he or she
shall perform duties only with experienced deputies as an observer.

C. During the probation period the probate must successfully pass all
requirements of the field-training program, the Lieutenant shall review the
probates performance and test scores from the program. The sheriff reserves
the right to extend the probationary period a said amount of days because of
an unsatisfactory rating.

D. Probationary employees who wish to protest their ratings have no grievance


rights except to request an interview with the sheriff.

VII. RECORDS

A. For each employee, the office maintains a personnel record which includes
all forms completed during the hiring process, all evaluations, complaints,
commendations, leave/attendance record, and assignments.

B. The sheriff or designee maintains and controls all personnel records. The
office complies with the records retention schedule set by the state archivist.

C. Employees may review their records at any reasonable time upon request.
The sheriff may release a record from file upon obtaining a signed receipt
from the authorized person with a need to review it.

D. All personnel records are considered confidential, sensitive information


available for review to supervisory personnel who have a need, as
determined by the sheriff.

E. If the sheriff deems it necessary to include derogatory information in a


personnel file, he/she shall notify the employee of the fact in writing. The
employee may protest the inclusion of such information in writing to the
sheriff. Probationary employees have no right of protest in such matters.

F. Personnel records are permanent property of the office.

G. Deputies from the office may terminate employment and seek a lateral hire
with another agency. Requests for employment information on these
deputies shall be referred to the sheriff. The sheriff shall disclose the
employee's performance record consistent with Code of Virginia.

1. Any request for information on a present or past employee shall be limited to


information contained only in the official personnel file.

This policy supersedes all previous administrative directives.

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MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: PERFORMANCE POLICY NUMBER: 2-9.1
EVALUATIONS
EFFECTIVE DATE: 2/26/07 Number of pages 1-2
REVIEWED ANNUALLY by Sheriff
REVISED DATE: Authorizing Authority: ____________________________
Sheriff

POLICY

The office bears an obligation to the public and its own personnel to maintain the
most qualified employees. The office regularly and formally evaluates the
performance of deputies and other employees. The evaluation system discussed
herein serves both the interests of management and employees. The purposes of the
evaluation system are to (1) allow fair and impartial personnel decisions; (2)
maintain and improve performance; (3) provide a basis and a medium for personnel
counseling; (4) assist decisions about the tenure of probationary employees; and (5)
identify training needs.

II. PURPOSE

The purpose of this order is to outline and describe the office evaluation process.

III. PROCEDURES

A. General

1. All personnel shall be evaluated using the form located at the end of
this order. It is the responsibility of the immediate supervisor to
complete the evaluation of their direct supports.

2. Evaluations reflect observations and perceptions by rating personnel


and are, therefore, inherently subjective. Nevertheless, personnel
shall be rated as having demonstrated unacceptable, needs
improvement, good or excellent behavior.

3. A written performance evaluation will be performed on personnel


annually. During a probationary period, a deputy shall receive
evaluations at the sheriff's discretion.

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4. All evaluations shall be placed in employees' personnel files.

5. All newly-hired deputies in their probationary period shall receive


weekly observation reports by a field training deputy. The supervisor
will review the reports for level of acceptance with no significant
deficiencies observed before released from the field training deputy.

6. The Supervisor will discuss the results, level of performance


expected and the rating criteria with the employee during reviews of
performance evaluations.

This policy supersedes all previous administrative directives.

2-9.1 2
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: EMPLOYEE DISCIPLINE POLICY NUMBER: 2-10

EFFECTIVE DATE: 6/20/07 Number of pages 1-11


REVIEWED ANNUALLY by Sheriff
REVISED DATE: Authorizing Authority: ____________________________
Sheriff

I. POLICY

It is the office policy to impose disciplinary action fairly and impartially. Discipline
is a process of imposing formal sanctions which will help train or develop an
employee, preferably through constructive rather than punitive measures. Discipline
in the office involves reward of employees, training, counseling, and as a last resort,
punishment.

II. PURPOSE

The purpose of this order is to establish procedures concerning informal and formal
disciplinary practices within the office.

III. DEFINITIONS

A. Days

The term "days," as used herein, means calendar days provided, however,
that if the last day of any time period mentioned herein is a Saturday,
Sunday, or holiday, the time period shall be extended to the next day.

B. Relief from duty

An administrative action by a superior whereby a subordinate employee is


temporarily relieved from performing his or her duties.

C. Discipline

Training or developing an employee by proper supervision and instruction.


Discipline may be positive (awards) or negative (punishment).

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IV. PROCEDURES

A. Positive discipline

Positive discipline seeks voluntary compliance with established policies,


procedures, and orders. Methods of positive discipline include:

1. Recognition of excellent job performance through rewards or


awards.

a. When people outside the office compliment an employee's


performance, the person who receives the information shall
make a record of the comments and pass them to the
employee's supervisor. When the sheriff receives
compliments about an employee, copies of the citizen's
statement shall be sent to the deputy involved, the supervisor
and, if the subject is deemed significant, a copy of all
correspondence shall be placed in the employee's personnel
file.

b. Truly exceptional acts shall be clearly and promptly


identified to the sheriff. These acts may be the basis for
special awards or for special recognition by citizen-
community groups or media coverage.

2. Discussion and counseling

3. Training

B. Consistency in discipline

The office abides by the philosophy that discipline must be applied


consistently and uniformly. RR 2-12 describes complaint procedures against
office employees whereas this order discusses employee recognition and
penalties for various infractions.

1. The office does not provide employees with lists of specifically


prohibited behavior. One list of examples of such behavior appears
in RR 2-4, but no list can be all-inclusive. Employees are expected
to have a reasonable perception of what constitutes proper behavior,
based on academy training and the observance of the behavior of
deputies generally.

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C. Responsibility of each level of supervision as it relates to discipline

1. Immediate supervisor or witnessing supervisor of an infraction will


initiate the disciplinary process by a statement of problem based on
facts.

a. List dates and circumstances related to any discipline


previously issued.
b. Discuss the issue with the employee and suggest
recommendation of action to be imposed if any.
c. Submit problem recognized and recommendation by chain of
command.
2. Each chain of command will review the infraction and initial and
forward on by chain of command.

3. After the command staff has reviewed the infraction the internal
affairs officer will set up a meeting with the command staff to
discuss the infraction.

4. The command staff will discuss the infraction and decide to support
the suggestion of action to be imposed, change the action to a less or
more severe action or acquit.

5. After decision is made the Initial supervisor will notify the employee
of the disposition and action imposed or acquitted.

D. Relief from duty

An employee may be relieved from duty whenever a supervisor, whether the


sheriff, chief deputy, Captain or lieutenant, questions an employee's physical
or psychological fitness for duty. An investigation may follow.

1. The chief deputy, Captain or lieutenant has authority to relieve an


employee from duty, but must promptly report this action to the
sheriff, accompanied by a written report setting forth details and
circumstances.

2. If the necessity to relieve from duty is not immediate, only the sheriff
may relieve an employee from duty. Only the sheriff may suspend
without pay a deputy whose continued presence on the job
constitutes a substantial and immediate threat to the welfare of the
office, the public, or to himself.

3. A deputy who refuses to obey a direct order in conformance with the


office's orders may be relieved from duty by the chief deputy,

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Captain or lieutenant, who may recommend suspension to the sheriff.
The sheriff may then suspend without pay.

E. Penalties

The following penalties are available:

1. Oral reprimand; counseling.

2. Written reprimand.

3. Demotion or suspension without pay.

4. Dismissal from the office.

F. Oral reprimand; counseling and training

Oral reprimands, while informal, require documentation with an employee's


acknowledgment of such record. The following steps shall be observed:

1. At the time of an oral reprimand, the employee receiving it shall be


counseled as to correct behavior, and further advised that a written
record shall be maintained concerning the reprimand/counseling, and
that the employee may read the record.

2. The employee shall be further advised that he or she has the right to
file a statement in his or her file setting forth his or her position, in
case of disagreement.

3. The reprimanding supervisor shall record the reprimand/counseling


in a memorandum to Internal Affairs containing the following
information:

a. Employee's name and rank

b. Date of reprimand/counseling;

c. Summary of reasons for reprimand/counseling;

d. Summary of employee's response;

e. Suggestions for improvement or specific actions taken

f. Name of counselor and signature.

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g. That the employee is required to acknowledge the
reprimand/counseling by signing the record."

4. Oral reprimand/counseling may involve remedial training. This training


may be deemed necessary to rectify the improper behavior. Remedial
training may include attendance at academy classes, in-service, or other
training specially created to help the employee correct or modify his or
her behavior. Remedial training is reasonably offered until the employee
can demonstrate proficiency in the corrected behavior. All training shall
be documented.

5. Supervisors are expected to counsel employees regularly without oral


reprimands. Most counseling is informal, positive, supportive, and
perhaps undocumented.

a. Supervisors are responsible for counseling employees


concerning job-related matters, within their capabilities.
Many things can affect the job and an employee's
performance, so job-related counseling may involve family
and other individual, personal subjects. Counseling may
include identification of unacceptable behaviors or actions,
specifically what was done wrong and the desired or
acceptable performance. Counseling can attempt to
determine the reason for the particular behavior, determine
and recommend how to correct or improve performance or to
solve the problem.

b. A variety of counseling resources are available within the


community including psychological, family, marital, and
financial counseling. Employees in need of counseling, or
desiring information about available resources, are
encouraged to talk with the sheriff. The office recognizes
that no stigma is attached to seeking professional counseling
to solve problems.

G. Written reprimand

A written reprimand, issued by the sheriff, cautions an employee about poor


behavior, sets forth the corrected or modified behavior mandated by the
office, and specifies the penalty in case of recurrent poor behavior. A
written reprimand becomes a permanent part of the employee's record.

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H. Demotion or suspension without pay

If the situation warrants, the sheriff, may demote an employee or suspend


without pay, measures normally considered equivalent.

1. Suspensions without pay will normally apply to a period of up to 15


days, as determined by the sheriff.

2. If an employee becomes a candidate for suspension a second time


within one year after the first suspension, the employee shall be
dismissed.

3. Suspensions resulting from criminal investigations may be prolonged


beyond 15 days pending court action.

a. In no case shall an employee convicted of a felony continue


to work for the office.

b. If an employee is acquitted of criminal charges, the employee


may yet be disciplined at the discretion of the sheriff or
reinstated with full or partial back pay.

4. On any suspension, the deputy must return to the office custody of


his or her badge, identification card, and issued firearm.

5. During a suspension, the employee shall not undertake any official


duties.

6. Demotion shall be at least to the next lowest rank.

I. Dismissal

Dismissals are made in cases of extreme misfeasance, malfeasance, or


nonfeasance of duty. A complete record of the circumstances of the
misbehavior shall be made by all persons having knowledge of the
misbehavior.

1. Whenever a dismissal occurs, the Sheriff shall provide notice to the


employee citing the reasons for dismissal along with the effective
date.

J. Reporting arrests

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Any employee arrested for, charged with, or convicted of any crime, or
required to appear as a defendant in any criminal or civil proceedings, must
so inform the sheriff in writing as soon as possible. Employees do not have
to report parking tickets or minor traffic offenses. Employees must report
summonses or arrests for reckless driving, DUI, second or more violations
for speeding, or any other traffic offenses with penalties over $25.00.
Failure to notify the office of the foregoing shall be cause for punishment.

V. INFRACTIONS AND PUNISHMENTS

A. Except for gross breaches of discipline or moral turpitude, supervisors shall


begin employee discipline with the least punitive measures. If these do not
work, then increasingly more severe measures may be required. While this
process may take some time, it is important that each employee be dealt with
justly and in a manner, which clearly indicates that positive, constructive
measures to change behavior or performance preceded the imposition of
more negative sanctions.

B. Unacceptable conduct is divided into three categories according to severity


of misbehavior.

1. Category I.

Examples:

a. Excessive absences, tardiness.

b. Abuse of duty time (too much time away from established


duties; too much time for personal business).

c. Abusive or obscene language.

d. Inadequate or unsatisfactory job performance.

e. Disruptive behavior.

Category I offenses are of minor severity yet require correction in the


interest of maintaining a productive and well-managed office.

Category I offenses normally result, in the first offense, in informal


measures such as counseling, or perhaps oral reprimand/formal
counseling. Three Category I offenses in one-year results in a
written reprimand or suspension of up to five days. A fourth instance
in one year shall provide grounds for longer suspension or dismissal.

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2. Category II.

Examples:

a. Failure to follow supervisor's instructions, perform assigned


work, or otherwise comply with policy.

b. Violating safety rules without a threat to life.

c. Unauthorized time away from work assignments without


permission during duty hours.

d. Failure to report to work without proper notice to a


supervisor.

e. Unauthorized use or misuse of office property.

f. Refusal to work overtime based on a reasonable request, or


repeated refusals to work overtime.

Category II offenses include more severe acts and misbehavior.


Category II offenses normally result, in the first instance, in issuance
of a written reprimand. A subsequent infraction within two years
shall result in suspension of up to ten days or demotion or dismissal.

3. Category III.

Examples:

a. Absence in excess of three days without notice to a superior.

b. Use of alcohol or unlawful possession or use of a controlled


substance while on duty.

c. Reporting to work under the influence or when ability is


impaired by alcohol or the unlawful use of controlled
substances.

d. Insubordination or serious breach of discipline.

e. Falsification of any reports such as, but not limited to,


vouchers, official reports, time records, leave records, or
knowingly making any false official statement.

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f. Willfully or negligently damaging or destroying city
property.

g. Theft or unauthorized removal of office records or city or


employee property.

h. Gambling on city property.

i. Acts of physical violence or fighting (except official sheriff's


actions).

j. Violating safety rules where there is a threat to life.

k. Sleeping on duty.

l. Participating in any kind of work slowdown or sit-down or


any other concerted interference with city operations.

m. Unauthorized possession or use of firearms, dangerous


weapons, or explosives.

n. Threatening or coercing employees or supervisors.

o. Criminal convictions for acts of conduct occurring on or off


the job which are plainly related to job performance and
consequently to continue the employee in the assigned
position would constitute negligence regarding the agency's
duties to the public.

p. Failure to take physical or mental examinations as required.


The sheriff may require mental or physical examinations of a
member or employee when, in the sheriff's estimation, it is in
the best interest of the member, employee, or the office and
shall be provided at no cost to the employee.

q. Using public office for private gain.

r. Engaging in criminal conduct on or off the job.

s. Engaging in dishonest or immoral conduct that undermines


the effectiveness of the agency's activities or employee
performance, whether on or off the job.

t. Willful disobedience of a lawful command of a supervisor.

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u. Disclosure of confidential information to any person except
those who may be entitled to such information.

v. Taking any action which will impair the efficiency or


reputation of the office, its members, or employees.

w. Acceptance of any bribe, gift, token, money, or other things


of value intended as an inducement to perform or refrain
from performing any official act, or any action of extortion or
other means of obtaining money or anything of value through
his position.

x. Manifesting cowardice, feigning illness, or otherwise


attempting to shirk official duty.

y. Involvement in any compromise between persons accused of


crime and the person or persons who may have suffered from
criminal acts with the purpose of allowing the accused to
escape punishment.

z. Failure to answer questions specifically directed and related


to official duties or job fitness (unless criminal prosecution is
contemplated; see RR 2-4.)

aa. The use of unnecessary force during an arrest/custody


procedure.

bb. Deviation from established procedures in the disposition of


summons or arrest cases.

Category III offenses include acts of such severity as to merit


suspension or dismissal at a single occurrence. Category III offenses
may be punished by suspension for 15 days or longer.

D. Probationary employees

Probationary employees shall be dismissed, suspended, or otherwise


disciplined according to the foregoing.

1. In the case of a dismissed probationary employee, the official record


shall merely indicate that the person was dismissed during
probationary employment.

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E. Sexual harassment and other discrimination

Employees found to have engaged in discrimination on the basis of race,


color, religion, national origin, political affiliation, handicap, age, or sex
(including sexual harassment) may be counseled or disciplined with either a
Category I, II, or III Offense, depending upon the specific facts and
circumstances surrounding the incident.

1. Sexual harassment is defined in RR 2-11.

VI. APPEALS

The employee has no right of appeal in disciplinary actions under the


Code of Virginia.

Any appeals will be addressed by the Sheriff.

VIII. MAINTENANCE OF RECORDS

A. All records of disciplinary actions shall be maintained and filed in


the secure office of the Chief Deputy/Internal Affairs manager.

This policy supersedes all previous administrative directives.

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MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: SEXUAL HARASSMENT POLICY NUMBER: 2-11

EFFECTIVE DATE: 7/1/06 Number of pages 1-3


REVIEWED ANNUALLY
REVISED DATE: 2/15/17 Authorizing Authority: ____________________________
Sheriff

POLICY

The office policy is to provide a professional, business like work environment free
from all forms of employee discrimination including incidents of sexual harassment.
No employee shall be subjected to unsolicited and unwelcome sexual overtures or
conduct either verbal or physical. Note that the conduct is measured against what an
objective, reasonable man or woman (depending on the sex of the complainant)
perceives as harassing behavior. The harassment may involve a man against a
woman, a woman against a man, or a person against another person of the same sex.
The harassing behavior, to be subject to this order, need not occur only during work
hours on agency premises, but may occur before or after work at other locations.
Sexual harassment is misconduct and the office shall apply appropriate disciplinary
sanctions.

II. PURPOSE

To define and give examples of sexual harassment, outline prohibited behavior, and
describes reporting procedures.

III. DEFINITIONS

A. Sexual harassment

The Civil Rights Act of 1964 prohibits discrimination based on color, race,
religion, age, national origin, and sex. Sexual harassment is a form of sex
discrimination, defined as unwelcome sexual advances, requests for favors,
and other verbal or physical conduct that enters into employment decisions,
or conduct that unreasonably interferes with an employee's work
performance or which creates an intimidating, hostile, or offensive working
environment. Two kinds of sexual harassment apply quid pro quo
harassment and hostile work environment harassment, defined below. The
two forms of harassment may overlap.

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B. Quid pro quo harassment

This form of harassment occurs when an employee is being pressured to


engage in sexual conduct or else lose a tangible job benefit. (Quid pro quo
means "something for something.") This form of harassment usually occurs
between a supervisor and a subordinate where the harasser has power to
control the employee's work benefits or conditions. Note that this form of
harassment is not limited to express demands for sexual favors, but may be
implied by circumstances (e.g., offering an employee sexually explicit
magazines).

1. Examples of this form of harassment include a request for sexual


favors, accompanied by implied or overt threats concerning a
person's employment status, or promise of preferential treatment in
terms of benefits or status; granting job favors to those who
participate in consensual sexual activity while penalizing those who
refuse to participate; unwanted, intentional touching (patting,
massaging, rubbing, hugging, pinching); telephoning or following an
employee, during work hours or not, and either harassing the
employee or requesting sexual favors.

C. Hostile work environment harassment

This form of harassment is unwelcome conduct that is so severe or pervasive


as to change the conditions of the victim's employment, thus creating an
intimidating, hostile, or offensive work environment.

1. A hostile environment exists when the employer tolerates


unwelcome, pervasive conduct including sexual comments of a
provocative or suggestive nature; jokes or innuendo's intended for
and directed to another employee; leaving sexually explicit books,
magazines, photographs where employees will find them;
unwelcome demeaning comments (such as talking about physical
attributes), ridicule, offensive language, propositions or other similar
actions; unwanted, unwarranted, unsolicited off-duty telephone calls
and contact; signed or anonymous notes or drawings placed on or in
desks, bulletin boards, or in lockers; deliberately singling out women
in front of men co-workers (or vice versa) and subjecting them to
demeaning or derogatory remarks.

IV. PROHIBITED CONDUCT

A. Supervisors shall ensure those pornographic or suggestive photographs,


illustrations, or cartoons shall not be posted or kept in any work area.

B. Supervisors shall order employees on office premises who are making


sexually hostile comments, put-downs, or degrading remarks about other
persons of the same or opposite sex to cease or face discipline.

2-11 2
C. Employees shall avoid physical contact with one another unless required by
training situation or sheriff's procedure. Kissing, back rubbing, embracing,
and other unnecessary touching are prohibited on office premises.

D. Personnel shall not retaliate against any person for reporting sexual
harassment, giving testimony, or participating in the investigation.
Retaliation in any form shall result in discipline.

V. PROCEDURES

A. An employee who believes he or she has been sexually harassed should first
tell the offender to cease the inappropriate behavior, although circumstances
may not always allow the complainant to make this request. If the conduct
does not stop, or if the complainant is unable to confront the offender, the
complainant shall contact his or her own immediate supervisor. The
employee shall submit a memorandum to the sheriff through the chain of
command detailing circumstances. If a supervisor learns of an incident of
harassment, he or she shall investigate the matter even if the victim did not
submit a complaint.

1. If the complainant is not an employee of the office, the complaint


itself is considered no less valid and shall be investigated according
to the procedures set forth in this order and in RR 2-12.

2. Employees must understand that sexual harassment can become a


criminal matter. Allegations of stalking and sexual battery shall be
handled immediately as criminal investigations per the Code of
Virginia.

3. If appropriate, the complaint may be resolved at the immediate


supervisory level.

B. When an employee reports an allegation of sexual harassment or


discrimination, a confidential internal investigation shall begin immediately.

1. The sheriff shall immediately take action to limit the concerned


employees from any further work contact with the alleged offender.

2. The sheriff shall conduct an investigation pursuant to the provisions


of RR 2-10 and RR 2-12.

C. If the situation warrants, the sheriff shall report such allegations to the State
police department without delay.

D. If the allegation involves the sheriff or similar senior official; the


complainant shall present the allegation without delay to the State police
department.
This policy supersedes all previous administrative directives.

2-11 3
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: Complaints Against POLICY NUMBER: 2-12
Sheriff's Office Personnel

EFFECTIVE DATE: 6/26/07 Number of pages 1-9

REVIEWED ANNUALLY by Sheriff


REVISED DATE: 11/29/07,02/17/10, 2/6/17 Authorizing Authority: ____________________________
Sheriff

I. POLICY

The office image and reputation depend on the personal integrity and discipline of all office
employees. To a large degree, the public image of the office is determined by a professional
response to allegations of misconduct against its employees. The office must competently
and impartially investigate all allegations of misfeasance, malfeasance, nonfeasance by
employees and complaints bearing on the office's response to community needs. The office
recognizes that its personnel are often subject to intense pressures in the discharge of their
duties. The employee must remain neutral under circumstances that are likely to generate
tension, excitement, and emotion. In these situations, actions and events frequently result in
misunderstanding and confusion. It is to the advantage of all employees to have a procedure
for the investigation of the more serious allegations and underlying circumstances so that
complaints can be resolved in light of the complicated pressures of court services work.

II. PURPOSE

To describe procedures for making complaints against office personnel, for recording, for
investigating complaints, and to list and define the dispositions of complaints.

III. PROCEDURES - GENERAL

A. Receipt of complaints

Citizens are encouraged to bring forward legitimate complaints regarding


misconduct by employees. Procedures are available to citizens in the Sheriff’s Office
lobby. Deputies are obligated to explain procedures to inquiring citizens. Office
members shall receive all complaints courteously and shall handle them efficiently.

B. Responsibilities of supervisors

1. Supervisors are primarily responsible for enforcing conformance with office


standards and orders.

2. Supervisors shall know the deputies in their charge by closely observing


their conduct and appearance.

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3. Supervisors shall be alert to behavioral changes or problems in their
subordinates and, if necessary, document these changes and confer with the
sheriff. The supervisor shall assess the behavior, take or recommend
appropriate action.

4. The supervisor shall recommend and, if appropriate, help conduct extra


training for deputies not performing according to established standards.

5. The supervisor shall employ counseling techniques sanctioned by the office.


Counseling is used to adjust and correct minor, infrequent errors or instances
of poor performance and to ascertain the nature of any professional or
personal problems that bear on performance.

a. The supervisor shall document all instances of counseling.

C. How to make a complaint

A copy of "How to Make a Complaint" may be given to any citizen requesting


information on how to make a complaint. A copy of "How to Make a Complaint" is
found in the appendix to this order.

D. Responsibility for handling complaints

1. Complaints involving how court services are provided or a failure to provide


service or improper attitudes or behavior may be investigated and handled by
the Chief Deputy or designee. The sheriff may ask another agency having
jurisdiction or the V.S.P. to conduct any investigations involving allegations
of excessive force, civil rights violations, or instances where death or serious
bodily injury has occurred. In any case, the Sheriff shall oversee any
assigned investigation of alleged misconduct or criminal of office personnel.

2. Complaints alleging improper conduct, brutality, or misconduct involving


several personnel, supervisory personnel, or administrative matters shall be
investigated by an outside agency upon request of the sheriff.

E. Complaint-handling procedures

1. All complaints, regardless of nature, can be logged in person, by mail, or by


phone at any time. As part of the follow-up investigation, persons making
complaints by mail or phone normally shall be interviewed and a written,
signed complaint prepared. A copy of the complaint form is found in the
appendix to this order. Anonymous complaints shall be followed up to the
extent possible.

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a. In case of an anonymous complaint, the deputy or other person who
receives the anonymous complaint shall complete the form in the
appendix to the extent possible.

2. Every effort shall be made to facilitate the convenient, courteous, and prompt
receipt and processing of citizen complaints. An employee of the office,
who interferes with, discourages, or delays the making of complaints shall be
subject to disciplinary action.

3. A citizen with a complaint may be referred to the sheriff who will assist the
citizen in recording pertinent information. The sheriff may, if appropriate,
initiate a preliminary investigation. The preliminary investigation consists of
questioning complainants, or witnesses, and securing evidence.

a. Upon completion of the preliminary investigation, the following


documents shall be prepared and forwarded through the chain of
command: a report of the alleged violation; any documents and
evidence pertinent to the investigation; recommendations for further
investigation or other disposition.

4. If the supervisor determines that the complainant is apparently under the


influence of an intoxicant or drug, or apparently suffers from a mental
disorder, or displays any other trait or condition bearing on his or her
credibility, the supervisor shall note these conditions on the reverse side of
the complaint form. Any visible marks or injuries relative to the allegation
shall be noted and photographed.

a. Prisoners or arrestees also may make complaints, although


circumstances may require an office representative to meet the
complainant at a jail or prison for an interview. If appropriate, the
representative will have photographs taken of prisoners' injuries.

5. An employee who receives a citizen's complaint through U.S. mail shall


place the correspondence and envelope in a sealed envelope and forward it to
the sheriff, who shall determine investigative responsibility.

6. Complaints received by telephone by other employees shall be courteously


and promptly referred to the sheriff. The employee shall record the name
and telephone number of the complainant and state that the sheriff or, if
unavailable, the chief deputy shall call back as soon as practical.

7. The above procedure may also be used when office employees desire to
enter a complaint against any other employee governed by this order.

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F. Disposition of complaints

The sheriff shall:

1. Notify the complainant, in writing, as soon as practical, that the office


acknowledges receipt of the complaint, that it is under investigation, that the
investigation will be completed within thirty days. If the investigation
exceeds thirty days, the sheriff shall write the complainant a letter explaining
the circumstances of the delay and disposition.

2. Maintain complaint files separate from personnel files.

3. Take appropriate disciplinary action following the investigation.

4. Notify the employee the status/disposition of complaints.

G. Disposition of serious complaint

1. Allegations of misconduct that might result in discharge, suspension, or


demotion, or criminal charges being sought are serious complaints. The
term "serious complaint," in this manual, is synonymous with "internal
investigation." Internal investigations examine alleged brutality, gross
excesses of legal authority, or allegations involving supervisory or multiple
personnel.

2. In these cases, sheriff shall:

a. Record, register, control or cause to be recorded, registered, or


controlled the investigations of employees.

b. Supervise the activities under "a."

c. Maintain confidential records of Internal Affairs activities.

d. Ensure that the investigation is conducted according to the Code of


Virginia, a copy of which the sheriff shall provide to each deputy
under investigation.

e. Maintain close liaison with the commonwealth's attorney in


investigating alleged criminal conduct. Where liability is at issue,
the sheriff shall similarly maintain contact with the Division of Risk
Management.

IV. PROCEDURES: INVESTIGATIVE

Two types of investigations may take place: administrative or criminal. Different rules
govern interviews of employees in each case. Before any formal investigation there will be
a preliminary investigation performed that may/may not warrant a formal investigation.
Prior to any formal investigation or interview, the employee under investigation shall

2-12 4
receive a confidential written notice of the complaint. This notice will include a summary of
the facts, and the officer's rights and responsibilities.

A. Assistance of legal counsel

1. Employees are permitted to have an attorney, supervisor, or other


representative with them in the room during any interview regarding
allegations of misconduct.

2. The employee's representative is limited to acting as an observer at the


interview, except that where the interview focuses on, or leads to, evidence
of criminality, the legal representative may advise and confer with the
employee during the interview.

B. Interview for administrative purposes

If the sheriff wishes to compel an employee to answer questions directly related to


his or her official duties and the sheriff is willing to forego the use of any answers in
a criminal prosecution, the sheriff or another interviewer shall advise the employee
that:

1. The purpose of the interview is to obtain information to determine whether


disciplinary action is warranted. The answers obtained may be used in
disciplinary proceedings resulting in reprimand, demotion, suspension, or
dismissal.

2. All questions specifically related to employment must be fully and truthfully


answered. Refusal to answer may result in disciplinary action.

3. No answers given nor any information obtained by reason of such statements


are admissible against the employee in any criminal proceeding.

a. Read to the employee the following:

"I advise you that you are being questioned as part of an official
investigation of the office. You will be asked questions specifically
directed and narrowly related to the performance of your official
duties or fitness for office. You are entitled to all the rights and
privileges guaranteed by the laws and the constitution of this state
and the Constitution of the United States, including the right not to
be compelled to incriminate yourself. I further wish to advise you
that if you refuse to testify or to answer questions relating to the
performance of your official duties or fitness for duty, you will be
subject to office charges which could result in your dismissal from
the office. If you do answer, neither your statements nor any
information or evidence which is gained by reason of such
statements can be used against you in any subsequent criminal

2-12 5
proceeding. However, these statements may be used against you in
relation to subsequent office charges."

4. In an interview for administrative purpose, no Miranda rights are required.


Further, the foregoing rules are inconsistent with Miranda in that employees'
statements cannot be used as evidence.

a. The interviewing officers shall use the "administrative proceedings


rights" form found in the appendix to this instruction.

C. Interviews for criminal investigative purposes

If the sheriff believes that criminal prosecutions are possible and wishes to use
statements against the employee in a criminal proceeding, or at least wishes to
maintain the option of their use, he or another interviewer shall:

1. Give the employee Miranda rights.

2. Advise the employee that if he asserts his right not to answer questions, no
adverse administrative action will be taken based upon the refusal.

a. If the employee decides to answer questions at this point, the


responses may be used in both criminal and disciplinary proceedings.

b. Note that the Miranda admonition includes the provision that a


lawyer may be present at an interview. Although technically the
employee has no right to counsel until the employee has been
criminally charged or his or her freedom of action has been deprived,
the office wishes the employee to have the option. The office wishes
no possibility to arise in which its actions might be construed as
coercive.

V. INVESTIGATIVE TOOLS AND RESOURCES

In addition to interviews of the employee and witnesses, the sheriff may require other
activities in support of a complaint investigation or internal investigation, including:

A. Medical and laboratory examination

The sheriff or deputy in authority may, based on his observation, require a office
employee to submit to a test for alcohol or drug use while on duty. The results may
be used in a disciplinary hearing. Refusal to submit to the examination will be
grounds for disciplinary action and may result in the employee's dismissal.

1. If the employee is believed to be under the influence of alcohol, a licensed


breathalyzer operator shall administer the test. The sheriff or deputy in
authority shall witness the test and sign the report.

2-12 6
2. If the employee has a reading of .05 or higher or there is other competent
evidence of impaired abilities to perform duties, the deputy shall be relieved
of duty by the sheriff or deputy in authority.

3. If the employee is believed to be under the influence of self-administered


drugs, he may be compelled to submit to a blood or urine test. The test shall
be administered under medical supervision where hygienic safeguards are
met. The sample shall be handled using the same safeguards as evidence in
a criminal process.

4. If the test shows positive results, or there is other competent evidence of


impaired abilities to perform duties, the employee shall be relieved of duty as
soon as possible by the sheriff or other deputies in authority.

5. If an employee refuses to submit to a test, (alcohol or drugs) then the sheriff


or other deputy in authority shall immediately relieve the employee from
duty for failure to cooperate in an administrative investigation.

6. The on-duty supervisor may direct an employee to submit to a breath, blood,


or urine test when a level of inebriation or drug usage is suspected as
interfering with the performance of duty.

a. Property assigned to the employee but belonging to the office is


subject to inspection where the office has a reasonable suspicion that
evidence of work-related misconduct may be found therein. Office
property includes files, storage lockers, desks, and vehicles.

B. Photograph and lineup identification procedures

Officers may be required to stand in a lineup for viewing by citizens for the purpose
of identifying an employee accused of misconduct. Refusal to stand in a properly
conducted lineup is grounds for disciplinary action and may result in dismissal if the
criminal prosecution is not anticipated.

1. A book of photos of office employees may be maintained for the purpose of


identification by citizens of an employee accused of misconduct.
Photographs of employees for the identification book are required by the
office and shall be used when narrowly related to the employee's job.

2. Photographs or videotape pictures of employees, with or without their


consent, may be taken for the purpose of internal investigations as related to
the employee's job when the employee is suspected of misconduct.

C. Financial disclosure statements

An employee may be compelled to make financial disclosure statements when


directly and narrowly related to allegations of misconduct involving any unlawful
financial gain. Any evidence gained during the investigation of an administrative
matter cannot be used in any criminal proceeding.

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VI. ADJUDICATION OF COMPLAINTS

A. The sheriff will classify completed investigations as:

1. Unfounded - no truth to allegations.

2. Exonerated - allegations true, but result of adherence to proper and


appropriate procedures and techniques.

3. Not sustained - unable to verify the truth of the matters under investigation.

4. Sustained - allegations true.

B. Completed investigations will be maintained in files in the sheriff's office.

C. Disciplinary action taken shall be determined by the seriousness of the violation or


the extent of injury to the victim. It shall be commensurate with the circumstances
surrounding the incident and in consideration of the employee's service record and
prior sustained complaints.

D. Disciplinary records

1. The office shall maintain a file of all complaints.

2. The complaints and files shall be kept in the sheriff's office and shall be
maintained as long as state archival policy dictates.

a. Category I offenses shall be purged two years after adjudication, if


no further offenses in any category have occurred. Category II
offense records similarly shall be purged after three years. Category
III records are permanently retained.

VII. DUE PROCESS

A. The Fourteenth Amendment to the Constitution provides that a citizen may


not be deprived of "life, liberty, or property, without due process of law."
Public employees have a limited property interest in continued employment
sufficient to require due process in any administrative proceedings that might
result in suspension or dismissal.

B. The office seeks to observe due process of law in the philosophy of the 14th
Amendment in any disciplinary proceeding. Nevertheless, the foregoing
rules circumscribe when legal counsel may or may not be used during
interviews of employees suspected of misconduct.

2-12 8
C. Despite an employee's limited property interest in his job, as described in
paragraph VII.A, the simple fact that an employee has held a job for years
does not entitle him or her to keep it.

D. The office recognizes that an employee, though dismissed or suspended,


may have a liberty interest to enjoy future employment elsewhere and, if
suspended or dismissed, should have an opportunity to set forth his or her
point of view for name-clearing purposes. In view of this interest, the office
affords an employee a hearing.

VIII. BOARD OF INQUIRY

A. The sheriff may invoke a board of inquiry at any time for any disciplinary purpose.
The board will serve to review facts or information to resolve an allegation of
misconduct. A board will always be convened in the event of a police shooting,
death, or serious injury of a deputy or citizen killed or injured incident to court
service action, or accident involving an office vehicle.

1. A board of inquiry shall consist of at least three law-enforcement officers of


the rank of sergeant or above from a nearby agency or the Department of
State Police.

2. The board shall recommend a decision to the sheriff, or if the sheriff is


involved in the incident, to the commonwealth's attorney.

3. The board's proceedings will not be recorded and transcribed; however, a


board chairman shall be selected from among the board members who shall
write, in a memorandum to file, a summary of the proceedings, names of
board members, and the board's recommendations.

This policy supersedes all previous administrative directives.

2-12 9
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: EXTRA/OFF DUTY POLICY NUMBER: 2-14
EMPLOYMENT
EFFECTIVE DATE: 7/1/06 Number of pages 1-6
REVIEWED ANNUALLY by Sheriff
REVISED DATE: 11/30/07, 07/09/08, 07/26/2016, Authorizing Authority: ____________________________
2/15/17 Sheriff

POLICY

The sheriff must ensure the continued efficiency and effectiveness of the office
while simultaneously reducing or eliminating conflicts of interest. To this end, the
sheriff shall manage according to whatever reasonable controls he deems necessary
to restrict or regulate the conduct of employees. It is the policy of the office,
therefore, to prohibit extra or off-duty employment when it may impair efficiency or
conflict with employees' duties and responsibilities. To promote the welfare and
good reputation of the office, however, this order outlines procedures to ensure
appropriate, accountable, and reasonable work. The Code of Virginia applies.

II. PURPOSE

To define regulations governing extra or off-duty employment, and conduct, while


employed in that capacity.

III. DEFINITIONS

A. Employment

Any work performed or services provided for compensation (a fee or


otherwise), including self-employment. Volunteer charity work is excluded.

B. Law enforcement-related employment

Employment which may entail the use of law-enforcement powers granted


by the Commonwealth of Virginia or the City of Martinsville.

C. Probationary period

The period of time measured by one calendar year beginning with the date of
hire and the completion of graduation from a basic academy.

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D. Secondary employment

Any non-law enforcement-related work for pay. Secondary employment


does not require sworn enforcement powers as a condition of employment
and the work does not provide implied law-enforcement service.

IV. PROCEDURES

A. General

No employee shall work law enforcement related off duty during a


probationary year. Employees on medical or sick leave, temporary
disability, or light duty due to injury are ineligible for extra or off-duty
employment. An employee engaged in any extra or off-duty employment
may be called to duty in an emergency.

B. Secondary employment

Employment shall not constitute a conflict of interest. A conflict of interest,


as determined by the sheriff, is any activity inconsistent, incompatible, or in
conflict with the duties, functions, or responsibilities of employment.

C. Law enforcement-related off-duty employment

1. Law enforcement-related employment shall not exceed 16 hours per


day, including on-duty time: e.g., a deputy working a 10-hour tour
may work six hours of off-duty employment on the same day and a
deputy on a day off may work 16 hours.

2. Law enforcement-related employment is restricted to the city


boundaries. Deputies may perform law-enforcement duties beyond
city boundaries if working in conjunction with another jurisdiction's
regular law-enforcement agency and after having been duly sworn as
a law-enforcement deputy in that jurisdiction.

3. The minimum salary required for deputies employed in a law


enforcement-related capacity must be at least equal to the rate for a
starting officer.

4. Serving as a recruiter and receiving compensation for procurement of


law enforcement-related jobs for other office employees is
prohibited.

5. No employee shall solicit any person or business for the purpose of


gaining law enforcement-related off-duty employment, and, while on

2-14 2
duty, shall not solicit any person or business for the purpose of
gaining secondary employment.

6. Except for public school security activities and other employment


specifically authorized by the sheriff, the following regulations
apply:

a. The department uniform shall not be worn while engaged in


off-duty employment.

b. City-owned vehicles, radios, or other equipment shall not be


used while traveling to and from or engaging in off-duty
employment, unless specifically authorized by the sheriff.

7. Deputies, while engaged in law enforcement-related employment,


shall be subject to the orders of the law-enforcement
supervisor/liaison coordinator between the Sheriff’s Office and the
outside employer.

D. Administration

1. Employees must submit application (A) of request to the sheriff for


any extra or off-duty employment. Unless asked by the Sheriff’s
Office to work. Employees shall not begin any work until approval
has been granted. The request shall be filed in the employee's
personnel file. For individual employers requesting security
application (B) requesting security must be submitted to the sheriff
for approval.

a. The approved request is subject to periodic review by the


sheriff. Deputies shall communicate any changes in
information contained on the form to the sheriff as soon as
possible.

b. The sheriff may revoke permission to work if the deputy fails


to perform adequately on duty or receives disciplinary action.
To be eligible for permission to work, deputies must be in
good standing with the office. Continued permission to work
is contingent upon remaining in good standing.

2. The sheriff shall disapprove any employment that demeans the status
or dignity of the law-enforcement profession, or otherwise represents
a conflict of interest. Examples of such employment include:

a. Retailers which sell pornographic materials, or provide


services of a sexual nature.

2-14 3
b. Retailers who sell, manufacture, or transport alcoholic
beverages as the principal business.

c. Gambling establishments not exempted by law.

d. Any firm connected with the towing or storage of vehicles,


bill collecting, bodyguards, repossessors, private
investigators, process servers, or taxi cab drivers.

e. Performance in office uniform of any tasks other than those


of law enforcement.

f. Performance of any work for a business or labor group that is


on strike.

g. Performance of any work regulated or licensed through the


office.

h. Performance of personnel investigations for private firms, or


any employment requiring the deputy to have access to
police files, records, or information as a condition of
employment.

i. Performance of any activity which supports case preparation


for the defense in any criminal or civil action.

3. Within the agency all extra duty employment coordination is


designated out by the Sheriff according to the various types of
employment needs. For example: Working with other agencies to
cover a large event, individual employer requesting security for a
party, corporation requesting on going security for their day to day
operations.

a. Off duty employment is initiated by the employee seeking


other employment as a supplement salary. The coordination
will be designated out by the Sheriff to govern department
policy concerning outside employment.

4. Arrests made while engaged in extra or off-duty law enforcement-


related employment shall be limited to felonies or criminal
misdemeanors committed in the officer's presence or a breach of the
peace jeopardizing public safety. In most incidents the primary law
enforcement agency for that jurisdiction will be notified to effect
arrests.

2-14 4
a. Employees shall understand that office liability protection
does not extend to willful acts which cause injury or damage,
or acts the deputy knew or reasonably should have known
conflicted with office policy or the law.

b. Arrests shall not be made when the deputy is personally


involved in the incident underlying the arrest.

c. Private employment arrests shall not be made when the


deputies actions only further the interests of the private
employer.

E. Liability, indemnification, insurance

1. All employees who wish to engage in law enforcement-related


employment shall be instructed of what is expected of them, what are the
hours, what to wear, equipment needed and any special instructions to be
aware of and rules.

a. Insurance coverage for medical treatment for job-related injuries


and indemnification for litigation arising from employment will
be provided for by the Sheriff’s Office for law enforcement
related employment.

b. Corporations requesting on going security operations may hire


employees as their own employees from the Sheriff’s Office as
long as the Sheriff has granted permission to the employee to
work.

c. As an employee of the corporation the employee/deputy is


covered under the corporation’s workman’s compensation for
injuries that are abstained while not exercising sworn status.

d. As an employee of the corporation the employee/deputy is


covered under the Sheriff’s Office workman’s compensation for
injuries that are abstained while exercising sworn status.

2. The office shall not be responsible for medical expenses incurred from
injuries sustained while working in any non-law enforcement
employment.

2-14 5
3. The office recognizes that a deputy in law enforcement-related
employment may undertake an action connected with the employment
that the courts may construe as a law-enforcement duty, and therefore an
extension of the job. Deputies are reminded that their performance must
follow the same standards required for on-duty performance. Law-
enforcement actions, whether for a private employer or not, must meet
the requirements of this manual.

This policy supersedes all previous administrative directives.

2-14 6
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: EMPLOYEE TRAINING POLICY NUMBER: 2-17

EFFECTIVE DATE: 9/1/06 Number of pages 1-6


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 12/07/07, 9/12/12, 2/6/17, 7/23/20 Authorizing Authority: ____________________________
Sheriff

POLICY

It is the policy of the Martinsville City Sheriff's Office to train all its members in
accordance with established rules and guidelines

II. PURPOSE

To establish the training procedures for members of the Martinsville City Sheriff's
Office.

III. PROCEDURES

A. Deputy recruit training:

1. Each person appointed to the position of Deputy Sheriff shall attain


either Basic Jailor or Basic Law Enforcement and Court Room
Security and Civil Process Certification by successfully
completing a prescribed course of training within twelve (12)
months from the time of appointment.

2. No member will be assigned to serve in a capacity that requires


they carry a weapon or make an arrest prior to completing basic
academy training.

a. This shall not apply to new members who are hired prior to
the beginning of the next academy.

1. Those members will be assigned to a field training


officer (FTO) until the academy starts. This will be
considered part of the formal field training program.
Time served in this capacity will not be credited
towards post academy field training requirements.

2-17 1
2. New members will undergo firearms training prior
to being issued a firearm.

3. Basic academy training will be conducted at a DCJS


certified academy. The academy and its staff will
assure the following:

a. That the curriculum is based on tasks of the most frequent


assignments of deputies who complete recruit training.

b. That the evaluation techniques are designed to measure


competency in the required skills, knowledge, and abilities.

c. Training complies with state mandates for deputy sheriffs.

d. The training program includes all applicable legal


requirements relevant to the performance of duties.

B. Field Training Program:

1. Appointed Deputies to Court or Civil Process Services will be


assigned to a Field Training Officer (FTO). They will be under the
direct supervision of the FTO for the entire period of evaluation.

2. Newly hired members who are assigned to Court or Civil Process


Services will be assigned to an FTO. The new member at a minimum
is required to complete a field training program in accordance with
DCJS standards during or after the required DCJS initial class room
training.

3. Newly hired members who possess certification by DCJS will also be


assigned to the FTO. The period of field training may be abbreviated
at the recommendation of the FTO and with approval from Field
Training Supervisor.

4. Qualifications, Training and Responsibilities of Field Training Officers

A. Possess the technical knowledge necessary for the successful


performance of Court Security/Civil Process.

B. Be skilled in inter-personal relations and be able to work with


people under a wide variety of circumstances. Also, be able
to recognize and obtain assistance to a potentially violent
situation.

2-17 2
C. Possess a desire to participate and exhibit a commitment to
the goals of the program and the office.

D. Possess qualities of maturity, fairness, and depend- ability.

5. Selection of Field Training Officers:

a. Any deputy who meets the qualifications set forth may be nominated to
be a Field Training Officer by supervision or administration. An officer
promoted to a supervisory status (i.e. shift sergeant) will be required to
attend an FTO course through DCJS standards.

b. The selected deputy must be wanting to serve in the position, possess


the knowledge, ability and skills to perform the position by having
performance evaluations with no less than a competent employee.

c. Deputies are selected by informing their supervisor and/or


administration their interest in becoming a Field Training Officer. An
administration officer will serve as the Field Training Supervisor.

d. Field Training Officers are trained through an approved course in


accordance with standards set by DCJS. Field Training Officers will
receive specialized training for field training officers as it becomes
available.

e. The field training supervisor(s) oversee selected Field Training Officers


and provide close supervision to that operation.

6. Field Training Officer reporting and documentation responsibilities

a. FTO’s shall complete any evaluations required by the


academy and submit it there promptly through the
appropriate channels of the Martinsville Sheriff’s Office.

b. FTO’s shall complete a bi-weekly probationary


performance evaluation on the standard agency form as
required for all newly hired deputies. Weekly performance
evaluations shall be completed on the standard agency form
as required for reassigned deputies for the court/civil
divisions. This form shall be submitted to the trainee’s
immediate supervisor for review and then submitted to the
Field Training Supervisor for final review.

2-17 3
c. The FTO shall immediately report any deficiencies noted
on the part of the new member to the trainee’s supervisor.

d. The FTO shall advise the trainee’s supervisor when the


new member has completed all requirements of the FTO
program by the guidelines (listed below) of the weekly/and
or bi-weekly observation report(s) as to what level of
knowledge the new member has obtained. The
Supervisor(s) of Court Security and Civil Process will then
decide when to place the member on regular duty.

1. Field Training Guidelines

a. Civil Process recruits are to receive training in the


areas of security, knowledge and civil process

b. Court security recruits are to receive training in the


areas of security, knowledge and courtroom
procedures.

d. Field training officers are to evaluate the recruit


weekly by indicating on the observation reports by
selecting fairly and impartially from the following
choices: (A) Acceptable, (U) Unacceptable, (NO)
Not observed, (NRT) Not responding to training.

C. Specialized Training:

1. Specialized training is required for deputies seeking to further their


knowledge by wanting to pursue being a certified instructor, and
/or wanting specialized training certification relating to his/her job
duties for the department. All specialized training will be acquired
through an approved course in accordance with standards set by
DCJS, or by any approved certifications through another approved
agency(s). The Martinsville Sheriff’s Office requires specialized
training in certain areas and functions of the department including
but not limited to our E.R.T. tactical operations, Project Lifesaver
program, Home Electronic Monitoring/GPS program, General
Instructor, FTO Instructor, EVOC Instructor, OC Instructor,
Defensive Tactics Instructor, Firearms Instructor, etc.

2. Promoted members will receive any required training as soon as


possible upon award of the promotion.

2-17 4
a. Training will generally be conducted through the Piedmont
Regional Criminal Justice Training Academy; however,
other resources may be utilized if it is feasible to do so.

b. Members who have held supervisory positions in the past


will be provided advanced management training if it is
available.

c. Members with prior management training may not require


additional training. The Sheriff will make such
determinations.

3 Rotations of new recruits may receive minimal exposure in all field


assignments, if possible. Deputies that are permanently reassigned will
receive full exposure of given responsibilities.

4. The Training Coordinator serves as a liaison with academy staff for


training purposes that all members will receive DCJS certified training
and any specialized, advancement, skills training for office needs etc.

5. The Training Coordinator informs the Sheriff, administration officers


and all front-line supervisors of all future mandated training and any
other training.

6. The Sheriff and administration officers evaluate the needs of any for
specialized, advancement, skills training for office needs etc.

D. Support Personnel:

1. Newly hired support personnel will receive information regarding:

a. The agencies role, purpose, goals, policies, and procedures;

b. working conditions and regulations

c. responsibilities and rights of employees

2. The Training Coordinator arranges training for support personnel.


Support personnel require pre-service training once employed and
no in-service training is required for support personnel afterward.

2-17 5
E. Documentation:

1. The Director of the Piedmont Regional Criminal Justice Training


Academy maintains all personnel training records and these
records will include:

a. title of training received

b. dates and hours of attendance

c. the identification of trainers or agencies presenting the


course

d. the names of agency personnel receiving the training.

2. All In-house instructors maintain files on all in-house training courses


or presentations.

F. Newly enacted and revised laws:

1. The Accreditation Manager or designee shall provide information


to all sworn personnel on enacted laws and revisions to laws
relating to the agency’s responsibility.

This policy supersedes all previous administrative directives.

2-17 6
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: LIAISON WITH POLICY NUMBER: 2-19
OTHER AGENCIES

EFFECTIVE DATE: 2/26/07 Number of pages 1-2


REVIEWED ANNUALLY by Sheriff
REVISED DATE: Authorizing Authority: ____________________________
Sheriff

POLICY

The office’s promotion of democratic values, accountability, and integrity require


communication with the community. Without this communication, the office cannot
respond to the priorities of our citizens. Establishing and maintaining an effective
liaison and open channels of communication between the office, neighboring law
enforcement, criminal justice, and emergency service agencies are essential first
steps to sustaining cooperation and good will. This liaison can break down barriers
and results in savings and improved court services operations.

II. PURPOSE

To establish procedures and responsibilities for liaison and maintaining


communication between the office, neighboring law enforcement, other criminal
justice or social service agencies, both public and private.

III. PROCEDURES

A. Relationships with other criminal justice agencies

1. All office personnel shall maintain harmonious working relations and


communication with the commonwealth’s attorney, judges, court clerks’
probation officers, all other criminal justice agencies and any
emergencies service agencies. The office shall provide all possible
information, assistance, and support to these agencies allowed by law.

a. Any serious policy or procedural problems or differences


with another agency or its personnel shall be brought to the
attention of the sheriff who will meet with appropriate
personnel of these agencies to resolve problems.

2-19 1
b. During any investigation, questions of law or criminal
procedure shall be addressed to the commonwealth’s attorney
or assistant. Questions on court service procedure shall be
addressed to the Operations Captain or the sheriff.

2. All employees of the office shall assist and cooperate with all federal,
state, and local law- enforcement agencies in every way possible
allowed by law.

B. Referrals

1. Deputies of the office often encounter adult or juvenile citizens who need
specialized help that the office cannot give, e.g., marriage counseling,
mental health counseling, welfare assistance, assistance in handling civil
matters. When, in the best judgment of a deputy, this situation arises, he
or she shall refer the citizen to the most qualified agency to deal with the
problem, or consult his supervisor.

This policy supersedes all previous administrative directives.

2-19 2
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: MUTUAL AID POLICY NUMBER: 2-20

EFFECTIVE DATE: 2/26/07 Number of pages 1-3


REVIEWED ANNUALLY by Sheriff
REVISED DATE: 06/11/08, 2/15/17 Authorizing Authority: ____________________________
Sheriff

I. POLICY

On occasion the need arises to request assistance from or give assistance to a


neighboring-law enforcement agency. This need usually results from an emergency
such as a civil disorder, fire, flood, or other disaster. Before the need arises,
agencies must clarify and plan emergency procedures. The City Emergency
Coordinator maintains the City of Martinsville Emergency Operations Plan. Copies
of the Courthouse Emergency Action Plan and the City’s Emergency Operations
Plan are made available to all Sheriff’s Office personnel.

II. PURPOSE

To establish procedures, duties, and responsibilities for providing assistance to, or


requesting assistance from another law-enforcement agency and to provide for the
use of statewide law-enforcement support systems.

III. PROCEDURE

A. Jurisdiction

1. Generally, the legal jurisdiction of the department stops at the town


limits, as defined by charter. The Code of Virginia however, in
criminal cases involving offenses against the commonwealth,
extends departmental jurisdiction one mile beyond the corporate
limit of the town. This authority may be used for the following
reasons:

a. Assisting neighboring-law enforcement agencies or the


Virginia State Police in handling emergency calls at times
when they are unable to respond immediately.

b. When a deputy observes a felony or serious misdemeanor


crime-in-progress within the one-mile zone.

2-20 1
2. Whenever a person in the custody of a deputy escapes or whenever a
person flees from a deputy who is attempting to arrest him, the
deputy, with or without warrant, may pursue the person anywhere in
the state and, when actually in close pursuit, may arrest him
wherever he is found.

B. Mutual aid

1. Mutual aid is addressed in accordance with the Code of Virginia.


For the purpose of this order, mutual aid is defined as the short-term
assistance given or asked for between the office and neighboring
law- enforcement agencies during emergencies. The circumstances
which require mutual aid, per Code of Virginia, can include one or
more of the following situations:

a. Enforcement of laws which control or prohibit the use or sale


of controlled drugs.

b. Any law-enforcement emergency involving an immediate


threat to public safety;

c. When executing orders for the temporary detention or


emergency custody of people for mental health evaluation. .

d. Any public disaster, war, fire, flood, epidemic, war, civil


disorder.

e. Missing Persons Search

2. Mutual aid may be requested from or provided to another law-


enforcement agency by the office at the discretion of the on-duty
supervisor; deputies must remember, however, that they are
primarily responsible for providing law-enforcement service to our
jurisdiction. There are generally three levels of mutual aid assistance
as follows:

a. Short duration, approximately 30 minutes or less, where an


additional show of force or traffic control or assistance with
prisoner transportation is required.

2-20 2
b. Medium duration, approximately one to four hours, where
the senior deputy on duty may request assistance from the
neighboring law- enforcement agencies and the State Police;
however, their role is normally confined to a showing of
force, transporting prisoners, or traffic control.

c. Long duration, more than four hours, full- scale assistance


required. The on-duty supervisor shall immediately notify
the sheriff who will assist in coordinating additional aid as
required.

3. Any long-term support between the office and neighboring law-


enforcement agencies shall be coordinated in advance through a
written agreement that incorporates the following:

a. Indemnification of the provider agency and its personnel.

b. List of resources to be shared.

c. Estimate of amount of aid available.

d. Payment for certain expenses, e.g., meals, lodging, gas,

C. Statewide law-enforcement support

1. The office participates in the use of the Central Criminal Records


Exchange (CCRE) and complies with the procedures for the use of
this exchange.

2. Some state-owned law-enforcement resources may be made


available to the office for special use. These resources, and the state
agency to contact, include:

a. Canine teams--State Police, Martinsville City Police and


Henry County Sheriff’s Office.

b. Bomb disposal: State Police.

This policy supersedes all previous administrative directives.

2-20 3
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: ANNUAL FIREARMS CERTIFICATION POLICY NUMBER: 2-21
FOR RETIRED LAW ENFORCEMENT DEPUTY

ESTABLISHED DATE: 11/23/2021 Number of pages 1-2


REVIEWED ANNUALLY by Sheriff
REVISED DATE: Authorizing Authority: ____________________________
Sheriff

I. PURPOSE:
The purpose of this policy is to provide qualified retired law enforcement deputies the
ability to carry a concealed firearm with proper photographic identification from the
respected agency and has successfully completed the standard firearms qualifications set
forth by the Martinsville Sheriff’s Office in compliance with 18 U.S. Code § 926C.

II. POLICY:
It is the policy of the Martinsville Sheriff’s Office to provide all retirees in good standing an
opportunity to complete and meet the active duty standards for firearms qualifications
along with proper identification to be able to carry a qualified firearm concealed in
accordance with 18 U.S. Code § 926C.

III. PROCEDURES:
All retirees must meet the following qualifications to be able to carry a concealed firearm in
accordance with the Martinsville Sheriff’s Office requirements and the U.S. Code set forth.

1. He/she must have left the agency under good standing.


2. You must qualify with the firearm you plan to carry concealed.
3. You must qualify with your firearm during the agency’s annually scheduled
firearms recertification dates. You must pass the course with a satisfactory score.
4. You are responsible to bring your own ammo to use (new). No reloaded ammo will
be allowed. If you have ammo or firearm questions please reach out to a firearms
instructor.
5. You must have an agency issued ID CARD with picture.
6. You must complete the Martinsville Sheriff’s Office Annual Retiree Firearm
Qualifications form and have your Annual Firearms Certification for Retired
Deputy card signed by the firearm instructor, the Sheriff, and have the issue date
and expires on date filled in. Do not carry concealed unless you have all these
requirements taken care of.
7. Firearm recertification is an annual event so you must do your part and participate
with all requirements asked of you.

This policy supersedes all previous administrative directives.

1
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: On-Call NUMBER: GP-1
EFFECTIVE DATE: 07/13/01 REVISED DATES: 02/12/09, 01/11/13, 06/07/17, 10/14/22

PURPOSE:

There are duties that fall under the direction of the Sheriff’s Office that must be performed outside normal
business hours, on weekends and holidays. These are also times when the jail staff may need assistance.
To effectively handle these situations the Sheriff’s Office has scheduled officers to serve on call duty for 24
hours a day.

To carry out responsibilities required by the sheriff’s office, as set forth by the Code of Virginia and
department policy and procedures, which occur outside normal business hours.

DEFINITION:

“On call” is the assignment to be available to respond, on short notice, for the assigned time frame, to
perform necessary functions that come under the direction of the Martinsville Sheriff’s Office. The officer
must be available by telephone and respond in a timely and professional manner.
“On call” is broken down into two different areas, one is day personnel that work a straight 8-hour rotation
that are scheduled for a 24-hour rotation beginning at 7:00 a.m. and ending the following day at 7:00 a.m.
The second area is made up of jail personnel that work a 12-hour rotation. A deputy’s tour of duty for “on
call” is scheduled for a 12-hour rotation beginning at 7:00 O’clock of each 12-hour rotation.
COMPENSATION:
All certified day time and correctional “on call” officers who are used for TDO transports after normal work
hours, will have an option to choose how they will receive compensation for the hours of travel worked.
Officers will have a choice in receiving the off duty pay rate or comp time which calculates to time and a
half. Primary 8-hour daytime officers will have this option once activated on their on-call day. Certified
correctional officers who volunteer (sign-up) for secondary on call positions will have an option once
activated to ride with a primary officer.
Officers not called out on your scheduled on-call day will earn .75% (of one hour) of your normal overtime
pay rate. Officers scheduled for on-call during government authorized holidays and/or city approved holiday
times given will have the option to receive the .75% (of one hour) of your normal overtime pay rate or you
may elect to take the holiday hours given for that authorized day. Administration is aware that being on-call
for holidays limits your ability for personal plans and activities. Officers will have a chance to take the
holiday time off on another day of your choosing if applicable and approved by your immediate supervisor.
PROCEDURES:

GP-1
1. Responsibility of the day shift and correctional officer on call:

A. Make whatever personal arrangements needed, prior to the up coming call.


B. Be available by a phone number given to the jail 24 hours a day during your term of on call.
C. Return all calls within 15 minutes of receiving.
D. If needed to respond to a call, respond to the designated area of service within a reasonable
amount of time (dress and travel time).
E. Dayshift 8-hour officers are responsible for primary on call and are assigned to a rotating
schedule. All secondary 8-hour on call is voluntary by sign up and is open to all certified
officers within the department. If no officer volunteers for secondary on call it will be
MANDATORY for the jail on call to cover.
F. All certified officers must wear your department issued uniform along with your defensive
gear, I.D. card, weapon, ballistic vest, and all required restraints needed to complete the
transport safely and securely. A department ballistic vest will be MANDATORY to wear (no
exceptions).
G. All certified officers will be required to fill out an off-duty time sheet along with an attached
copy of the TDO paperwork, and a TDO transport sheet. Please specify how you want to be
compensated.
H. Certified correctional officers who sign up for secondary positions please make sure the
day you want to cover does not conflict with your work schedule, any other off duty
employment, and any scheduled academy/ department training.
I. Dayshift officers who sign up for secondary positions please make sure it does not conflict
with your work schedule, any primary on call days you are covering, and any assignments
given by your immediate supervisor.
J. All officers are reminded to use your integrity and honor in keeping the correct hours of
travel time required to complete all TDO’S safely, securely, and in a timely manner.
Remember your time starts when you arrive at the department and your time ends when you
depart for home.
K. All certified dayshift and correctional on call officers may transport TDO’s by yourself if the
following criteria is met:
1. The TDO person transported is the same sex as the transport officer.
* 2. The transport is less than 250 miles round trip from the city jail.
3. The TDO person is nonviolent or poses no behavioral problems/manners.
4. The TDO person transported has no physical limitations requiring two officers.
5. Full restraints are MANDATORY (unless physical limitations are applicable).
6. If you feel comfortable transporting a subject by yourself.
* TDO transport destinations may exceed this limitation with Administration approval.

L. Serve the on call as mandated from the beginning hour to the final hour.

GP-1 2
1) If schedule change is needed, you are responsible to source out replacement that
already serves in the “on call” position, unless otherwise approved.

2) Notify the on-call supervisor of any changes or the need for rescheduling any of
your job duties.

3) The supervisor will approve those changes.

2. Responsibility of the jail supervisor

A. Scheduling of the “correctional on call”

1. Each supervisor will be responsible for preparing a twenty-eight day “correctional on


call” schedule in advance.

2. Schedule prep shall be made from each shift placing one deputy on call a day that is
recognized as a shift day off.

3. When scheduling, supervisors are to consider scheduled vacation, holidays,


compensatory time off etc.; they are to be fair and impartial to assure the same officers
are not being scheduled to be on call the same days of the week throughout the
annual rotation.

B. Calling out the “day on call”

1. If the first initial call is made to the Day on call officer and there is no response within
20 minutes. The jail supervisor is to contact the on-call supervisor for the next
appropriate action needed.

3. Responsibility of the supervisor of the day shift on call personnel

A. Establish the schedule and distribute the annual “on call” calendar. Make
changes to the calendar as needed.

B. Review all request for scheduling changes and communicate any


changes. Make the necessary changes on the calendar for the jail.

C. Be available to assist the jail supervisor.

D. Handle an emergency call if the primary or correctional on call is


unavailable.

E. If there are problems with the on-call officers, discuss these with their
immediate supervisor to determine action to be taken, if any.

GP-1 3
F. Oversee the policy.

G. Override the policy in a safe manner to accomplish the duty.

4. Instances where on duty jail personnel may assist:

A. In instances when the jail is working with four officers on duty at the city jail the
supervisor at their discretion may use jail personnel to:

(1) Transport if a second officer is not needed.


(2) Transport a female with a female jail officer when the on-call
officer is a male (the on-call male officer is to work the jail if
needed).
(3) Serve as secondary with the primary on call person.

5. Activation of “day shift on call”

A. Day shift on call will be used for instances that are outside of the jail,
TDO’s, etc. and only initial sick/hurt calls for inmates that need treatment
and returned (If the inmate needs over stay care the correctional on call
will be activated).

6. Activation of “correctional on call”

A. Correctional on call will be used whenever a situation is considered uncertain or “risky”. If the
jail shift has enough staff available the jail supervisor may provide a secondary officer and if
not, the below guidelines have been established to assist “day shift on call officers” as a guide
when to decide to call on the “correctional on call” backup.

B. A female having to be transported when a male officer is primary

C. When having to go into a residence to execute any attachment of the person.

D. An individual that displays a disturbed or uncontrolled behavior while with under the
guard of a primary officer.

E. A TDO has been issued and the transport is more than 250 miles round trip from the
starting destination of the city jail. (full restraints mandatory)

F. Inmates that are to be hospitalized (admitted for stay).

7. Security of hospitalized inmates

A. Activation will be determined by the on-duty jail supervision by the gathering of circumstances

GP-1 4
and information provided by hospital staff for the determination when to activate the “correct-
ional on-call”.

B. When the decision is made to activate the supervisor will inform the jail assistant administrator
or administrator of his/her decision and activate the “correctional on call”, a consideration call
will be placed to the next shift “correctional on call” officer to be prepared to relieve the
hospital officer at shift change

C. The jail administrator or assistant shall obtain all information concerning the inmate’s reason
of incarceration (bond if any, reason incarcerated, PV, already sentenced, history, etc.) and
forward that to the court supervisor or a bailiff of the court in which the defendant is held. All
avenues will be exhausted with the court for the possible release of that inmate.

Note: Bullet “C” above all depends on a respectful hour to disturb court administration (weekend, late night,
etc.) and at a respectful hour contact will be made or if determined by Sheriff Administration the inmate
should not be released.

In most cases the Judge, Commonwealth, and possibly the inmate’s attorney must be involved and agreed
upon, which takes time.

A. If the inmate is hospitalized for an extended or undetermined


length of stay. It will be the responsibility of each on coming
supervisor to inform the next in line for on call until the inmate is
returned to jail.

B. As soon as feasible the on-duty supervisor will contact the jails


medical staff of the situation.

C. If the correctional “on call” can not be notified after reasonable


attempts, the day personnel “on call” shall be activated.
Notification shall be made to the Supervisor of the missed attempt
correctional that was scheduled for “on call”.

8. Responsibilities of the Deputy with hospitalized inmate

A. Officers shall be in uniform and proper restraints available.

B. Every 4 hours the officer shall call the jail for update

C. Each deputy working security shall have a note pad or a means to document anything out of the
ordinary.

D. Hospital Security needs to be notified as soon as an inmate is hospitalized.


E. Deputy must inform hospital staff that any information or condition of the inmate shall be strictly
confidential for life, health and safety of all. Not allow any information to the public, friends or family.

GP-1 5
F. Deputy present and within site of the inmate at all times.

G. Inmates will not be allowed to make or receive phone calls.

H. Inmate will not be allowed to have visitors.

I. If the medical staff has referred that the inmate is not expected to live or has to be put on life
support, you must contact the Sheriff, Jail Administrator, and/or Assistant Jail Administrator immediately.

J. If the medical staff has referred that the inmate is not expected to live or has to be put on life
support, only immediate family will be allowed to visit the inmate. (Immediate family: mother, father, wife,
husband, brother, sister, grandparents, children).

K. If inmate is about to have surgery, you must remain directly outside of the zone that is deemed by the
hospital to be a germ-free area, unless, the surgeon has requested your presence in the surgical area.

9. Transport Assistance

A. When transport loads are in high volume and extra assistance is needed for
inmates needed for court, extraditions, etc.

(b) When transport assistance is needed the transportation supervisor


may contact the “Correctional on Call” officer for the day of the needed
transport.

(c) The supervisor will inform the on-call officer of the details of the
transport.

______________________________
SHERIFF, S. M. DRAPER

General Procedure

GP-1 6
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: MENTAL SUBJECTS NUMBER: GP-2
EFFECTIVE DATE: 05/23/03 REVISED DATE: 02/12/09, 07/27/17

PURPOSE / PROCEDURE:

The Martinsville Sheriff’s Office by Code of Virginia is to serve and assist in mental help for those in need.

DEFFINITION:

(TDO)-IS A TEMPORARY DETENTION ORDER it is used to admit and detain a person in a mental
hospital until that person is no longer in need of mental help.

RESPONSIBILITY:

1. Magistrate is responsible with the issuance of all mental papers and the notification to the proper
department.

2. Responsibility of the officer:

a. Responding officer is responsible for retrieving the proper papers from the magistrate’s
office and serving the paper.

b. After the issuance of a TDO, the responding officer has (24) hours from the time the order
was issued to serve that order on the person that the order is issued for. If (24) hours
expire before you can serve the order then that order is void.

c. Ensure that after a TDO has been issued; make sure the transport is our responsibility by
checking the home address on the individual to be transported. If the person’s address is
outside the city, then the order is the responsibility of the agency that has jurisdiction over
that address and that agency needs to be contacted by the magistrate that issued the
order. If the responsible agency is more than 50-road miles away in which the
proceedings took place, it shall be the responsibility of the agency that has
jurisdiction over where the proceedings took place. Code of Virginia 37.2-810

PROCESS / PROCEDURE:

GP-2
1. After the service of the TDO the officer will remain with that patient until he/she has been medically
cleared from the ER. Once the patient is medically cleared, transport that patient with all medical
papers and the institutions copy of the TDO to the mental hospital that the mental health worker
has approved the patient for admittance. The TDO paperwork should have the destination of the
mental health facility on it. Once you receive the mental health packet from the ER, look inside the
packet to make sure all the proper paperwork is enclosed. Make sure the facility is the same as the
TDO paperwork issued. The Mental Health Facility listed on the TDO paperwork may change in the
course of serving the TDO, and awaiting medical clearance. Make sure a transfer form is present in
the paperwork along with the petition and ECO paperwork.

2. At all times the officer must keep the court copy of the TDO and return it to the courts.

LEGAL PROCESS:

1. TDO-has four copies, at the bottom of each copy they are marked court, respondent,
institution 1, and institution 2.

2. Before serving the TDO you should fill out the bottom section of the top copy by
recording the date/time, you’re name, badge number, agencies name and whom you
are serving the paper for (Sheriff Draper).

3. TDO- use the respondent copy and serve that one to the patient and explain to the
subject that you will be transporting them to a facility for more evaluation. Interpersonal
skills or a must at this point, use your own judgment skills according to the subject’s
behavior on how you are going to accomplish the task.

4. Before transporting subject to the admitting institution, check with the nurse in charge
to make sure the patient is medically cleared and that you have all medical papers in
hand that need to go with the patient.

5. TDO- top copy, return to the court.

6. TDO- third copy must be given to the facility where the patient is admitted. The ER
may request one of the copies of the TDO. Make sure you give the ER the fourth copy
usually saying institution 2 at the bottom.

7. All TDO’s issued direct admittance to Memorial Hospital of Martinsville and Henry
County, the responding officer shall, after clearance has been authorized, the officer
will escort the subject to one (1) North of the hospital.

______________________________
SHERIFF, S. M. DRAPER

General Procedure

GP-2 2
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: RIPP RESTRAINTS NUMBER: GP-3
EFFECTIVE DATE: 07/21/02 REVISED DATE: 02/12/09
REFERRENCE: GO 1-7

GENRAL PURPOSE:

RIPP Restraints are not to be used for disciplinary measures but to secure inmates until
they are no longer a threat to anyone else or themselves. RIPP Restraints were designed to
restrain a person quickly and reduce the chances of sudden custody death syndrome.

The purpose of this policy and course is to educate officers on Sudden Custody Death
Syndrome and how to properly use the RIPP restraints, which may reduce the possibility of
a sudden custody death of a person that must be restrained.

Sudden Custody Death Syndrome is being incorrectly called Police Custody Death
Syndrome These “victims” usually have foreign agents in their system that trigger abnormal
behavior or reactions They will die on the scene, in your car, in an ambulance, in an
emergency room and they will die in a trauma center under the care of expert medical staff.
If there is a difference between Sudden Custody and Police Custody deaths, it is in the
negative perception that Officers “some how” caused the fatality.

I. TRAINING

Officers that have not taken the RIPP Restraint course are not allowed to use the RIPP
restraints.

Trained officers will have learned:


1. How to identify the symptoms of a potential “victim” of this syndrome
2. What causes these types of deaths

GP-3 1
3. How to avoid contributing, or appearing to contribute, to a death
4. How to respond to help these potential fatalities survive the proper
technique of the use of the RIPP Restraints (Hobble, Transport Belt,
Arm & Ankle Restraint, the Tube and the Protection Mask)

______________________________
SHERIFF, S. M. DRAPER
General Procedure

GP-3 2
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: Privacy and Security of NUMBER: GP-4
information
EFFECTIVE DATE: 07/02/07 REVISED DATE: 02/12/09

POLICY:

The Records Unit serves as the agency's central records component and as the focal point for
matters associated with records. Centralization places accountability in a specialized unit, increases
efficiency, reduces duplication, and is vital to the effective delivery of law enforcement services.

PURPOSE:

To identify and explain the security and confidentiality of various records, reports, files, and information
collected, stored and disseminated by the Records Unit.

C. Privacy and Security

(1) Security and Confidentiality of Information stored in the Computerized Criminal


History Files of VCIN/NCIC networks shall be in accordance with Section II-8 & 9
of the VCIN Manual, and U. S. Department of Justice regulations (28 Code of
Federal Regulations, Part 20).

(2) The Records Office shall be locked and secured from unauthorized access
during non-business hours.

(3) The VCIN Terminal shall be secured in the Records Office and protected from
unauthorized access during non-business hours.

(4) The Records Office shall be manned during normal business hours, and
protected from unauthorized access. All requests for information protected by
state statute shall be processed in accordance with Section 19.2-389 of the
Code of Virginia and departmental policy. The Request for Arrest Record (see
Appendix A) shall be prepared prior to dissemination of any information to
non-criminal justice personnel.

(5) Responsibilities:

a. Persons authorized to release criminal history record information (records


clerk, duty dispatcher, command officers) shall be responsible for completing
the dissemination control book whenever any such information is

GP-4
disseminated to persons not employed by the Martinsville Police
Department.
b. Supervisors shall insure that security measures are followed to provide
maximum security of criminal history record information. Unauthorized
persons will not be allowed to enter areas where such information is stored,
collected, or processed.

(6) Dissemination of Adult Criminal History Information may be made to:

a. Authorized officers or employees of criminal justice agencies (i.e., FBI, State


Police, Sheriff’s Department), probation and parole, juvenile detention
homes, etc.
b. Individuals and agencies for research purposes provided an agreement
exists addressing the security and confidentiality of the data. No such
agreements currently exist which involve this department.
c. Agencies of state/federal government conducting investigations to determine
employment suitability or eligibility for security clearances allowing access to
classified information.
d. Individuals or agencies authorized by court order or rule.
e. Agencies of any political subdivision of the state conducting applicant
investigations, for public employment, permit or license, under the authority
of a local ordinance, a copy of which must be furnished to us. Only
conviction data may be released..
f. Public or private agencies when and as required by law to investigate
applicants for foster or adoptive parenthood.
g. Authorities for the purpose of granting citizenship or for international travel
(i.e., visas, passports).
h. Individuals and agencies pursuant to a specific agreement with a criminal
justice agency to provide services required for the administration of criminal
justice. No such agreements currently exist which involve this department.
i. Individuals and agencies which require criminal history information to
implement state/federal statute, or executive orders of the President or
Governor that expressly refer to criminal conduct and contain requirements
or exclusion expressly based on such conduct.
j. Public Service companies conducting applicant investigation when such
employment involves personal contact with the public or when past criminal
conduct of applicant would be incompatible with the nature of the
employment.
k. All persons requesting a copy of their own criminal history record
information.
l. Administrators and board presidents of and applicants for license or
registration as a child welfare agency for the conduct of investigations with
respect to employment and foster and adoptive parent applicants for private
child case agencies.
m. The school boards of the Commonwealth for the purpose of screening
individuals who are offered or who accept public school employment.

GP-4 2
n. The state lottery department for the conduct of investigations as set forth in
the state lottery laws.
o. Licensed nursing homes, hospitals and home care organizations for the
conduct of applicants for compensated employment in licensed nursing
homes, subject to limitations set by law.
p. Licensed homes for adults, district homes for adults, and licensed adult day
care centers for the compensated employment in licensed homes for adults.
q. The Alcoholic Control Board for the conducting of investigations.
r. The State Board of Elections and authorized officers and employees thereof
in the course of conducting necessary investigations with respect to
registered voters, limited to any record of felony convictions.
s. The Commissioner of the Department of Mental health, Mental Retardation
and Substance Abuse Services for those individuals who are committed to
the custody of the commissioner for the purpose of placement, evaluation
and treatment planning.
t. Any alcohol safety action program certified by the Commission on the
Virginia Alcohol Safety Action Program for the assessment of habitual
offenders.
u. Residential facilities for juveniles regulated or operated by the Department of
Social Services, the Department of Education, or the Department of Mental
Health, Mental Retardation and Substance Abuse, for determining applicant
fitness for employment or for providing volunteer or contractual services.
v. The Department of Mental Health, Mental Retardation and Substance Abuse
Services, and facilities operated by the department for the purpose of
determining individuals fitness for employment.
w. The governing boards or administrators of private or parochial elementary or
secondary schools which are accredited by a statewide accrediting
organization recognized prior to January 1, 1996.
x. Other entities as allowed by law.

(7) Information concerning the arrest of an individual may not be disseminated to a


non-criminal justice agency or individual if an interval of one year has elapsed
from the date of the arrest and no disposition has been recorded and no active
prosecution is pending.
(8) The dissemination control book will be completed when criminal history record
information is disseminated to persons not employed by the Martinsville Police
Department. The completed card will be filed alphabetically and maintained for a
period of three (3) years.
(9) Persons requesting the dissemination of CHRI which is reported to the Central
Criminal Record Exchange (i.e. Class I, II misdemeanors, felonies) will be
provided a Criminal History Record Request form (See Appendix B) and
instructed to make a direct inquiry.
(10) If there are any questions regarding to whom information can be released, one of
the following avenues should be taken:

a. Check with the Captain of the Criminal Investigations Division, Records Unit
supervisor, or with the shift supervisor.

GP-4 3
b. Ask the requesting company or person to submit a copy of the federal/state
statute or court order permitting them access to the information.

(11) Dissemination for Employment:

a. Requests for criminal history record information by prospective employers,


except those specifically authorized by law, may be honored by the Records
Office subject to the following conditions:

 The offenses concerned are not required to be reported to CCRE.


Only conviction data may be released.
 The prospective employer must furnish the Records Clerk with a
signed, notarized statement from the individual concerned,
requesting the release of information.
 Requests for offenses reportable to CCRE will be referred to CCRE,
without confirming or denying the existence of a record.

(12) Review

a. An individual or his attorney may upon proper identification, review any


criminal history record information maintained on that individual by his
department or the CCRE. All such requests shall be handled by the Captain
of the Criminal Investigations Division.
b. Prior to any such inspection, the Captain of Criminal Investigations may
request a verification of the individual’s identity through the furnishing by the
individual of a set of inked fingerprints. Such verification shall be required
for requests to inspect CCRE records. If the individual’s fingerprints are not
on file, they will be mailed to CCRE for verification prior to an inspection of a
CCRE record.
c. At a minimum, for inspection of a record maintained by this department,
verification of identity shall be through presentation of a valid motor vehicle
operator’s license, valid non-operator’s identification card, or valid photo
identification of a federal or state agency.

(13) Challenge:

a. All requests to challenge a criminal history record will be referred to the


lieutenant of Criminal Investigations who will proceed as specified in the
rules and regulations of the Criminal Justice Services Commission.
b. In the event an error in records maintained is detected, all known copies of
the record shall be corrected. The lieutenant of Criminal Investigations shall
notify, in writing, all agencies and individuals who have received the record
of the correction. The lieutenant shall also, upon request, give the individual
or his attorney a list of all non-criminal justice agencies to whom data has
been furnished.

GP-4 4
(14) Expungement:

a. Records may be expunged by the court alone.


b. In the event of an expungement order, all records of the arrest will be placed
in an envelope and sealed. These records include the department arrest
report, CCRE arrest report, fingerprint cards, photos, offense reports, and all
other documents which indicate that the arrest took place. The envelope
should be assigned a sequential number (MPD EXP 1, MPD-EXP 2, MPD-
EXP 3, etc.) with the number marked on the right upper corner of the
envelope. An index card will be maintained reflecting sequential number
and name of the individual. The index card will be placed in the front of the
sealed expunged records file.
c. This file shall be stored in a filing cabinet in the office of the Chief of Police.
d. No one shall, under any circumstances whatsoever, review or disclose any
information from such sealed record without an order from the court which
ordered the record expunged. Violation of this section (Title 19.2-392.3) is a
Class 1 Misdemeanor.

(15) Retention of Juvenile Arrest Information;

a. Juvenile fingerprint cards, photographs, and arrest records authorized for


retention, will be separately and securely maintained.
b. Retention and disposition schedules/statutes, as approved by the State
Archivist for Records and mandated by Virginia Codes, will be maintained in
the Records Office.
c. Fingerprint cards and photographs may be retained when the court finds that
any juvenile has committed a delinquent act, which if committed by an adult,
is reportable to CCRE.
d. Fingerprints and photographs may be retained by this agency and copies
sent to CCRE in accordance with Virginia Code 16.1-299 (See
Appendix ???).
e. Arrest information (i.e. fingerprints, photographs, custody reports) which may
be collected and made part of a juvenile arrest record will be retained for the
specified length of time then disposed of as directed in the retention
schedule.
f. However, fingerprint cards and photographs will be destroyed when:

 No petition is filed against a juvenile whose fingerprints or


photographs have been taken in connection with an alleged violation
of law.
 A juvenile is found not guilty by juvenile court or circuit court of a
charge of delinquency.

GP-4 5
(16) Dissemination of Juvenile Arrest Information:

a. Virginia Code Section 16.1-301 requires that all law enforcement agencies
take special precautions to ensure that law enforcement records concerning
a child are protected against disclosure to any unauthorized person.
b. Juvenile arrest information/records may be disseminated to
individuals/agencies on a need-to-know basis to include:

 A court having the child currently before it in any proceeding.


 The officers of public and non-governmental institutions or agencies to
which the child is currently committed, and those responsible for his
supervision after release.
 Any other person, agency, or institution, by order of the court, having
legitimate interest in the case or in the work of the law enforcement
agency.
 Law enforcement officers of other jurisdictions, by order of the court,
when necessary for the discharge of their current official duties.
 The probation and other professional staff of a court in which the child
is subsequently convicted of a criminal offense for the purpose of a
pre-sentence report or other dispositional proceedings, or by officials
of penal institutions considering his parole or discharge or in
exercising supervision over him.
 The child, parent, guardian, or other custodian and counsel for the
child by order of the court.

c. Police officers may release, upon request to one another and to other local,
state or federal law enforcement officers, current information on juvenile
arrests, limited to name, address, physical description, date of arrest, and
charge for which the arrest was made. Such information may only be used
for current investigation and not for creation of new individual files or
records.

(17) Expungement/Sealing: Provisions for the expungement and sealing of juvenile


arrest records are explained in detail in Section 16.1-306 of the Virginia Code and
will be adhered to as mandated.

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives

GP-4 6
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: RESTRAINT CHAIR NUMBER: GP-5
EFFECTIVE DATE: 02/05/01 REVISED DATE: 3/3/06, 7/1/13, 01/05/16, 9/1/21
REFERRENCE:

POLICY:

It is the policy of the Martinsville City Jail not to use the Restraint Chair for disciplinary measures
but to gain control of inmates who display violence and out of control behavior. The Restraint Chair
will be used to control those inmates who display behavior that could result in destruction of
property or cause physical harm to themselves or others.

PURPOSE:

The purpose of the restraint chair is to provide correctional officers with the safest, most humane,
most comfortable and least psychologically traumatizing system for restraining violent out of control
inmates that may cause harm to themselves or others.

Definition-The Restraint Chair is a chair that has been designed with equipment that enables
officers to restrain and limit the movement in the most humane and comfortable means of control.
The chair was designed for inmates who require extreme measures to gain control.

PROCEDURE:

Confinement to the Chair

1. The restraint chair will be used to temporarily hold inmates who:


a. present a danger to themselves or others.
b. display behavior which results in the attempted destruction or destruction of city
property.
c. attempts to assault staff, visitors, or other inmates.

2. The restraint chair will be used in lieu of placing inmates in hard restraints whenever
possible.

3. The restraint chair is designed so that it’s mobile. It may be moved to any location in the
facility when it is necessary to restrain an inmate at his or her location.

4. Inmates that are in the restraint chair will be kept physically separated from other inmates.
5. The shift supervisor will be responsible for an incident and medical reports as required.

1
6. The restraint chair when not in use will be stored in the jail supplies storage building
located in the jail’s breezeway. It will be the responsibility of the on-duty shift supervisor
too sanitized and inspect the restraint chair after each use to ensure that all parts are in
good mechanical working order. Should the chair be inoperable the on-duty shift
supervisor will notify the Jail Administrator and all facility staff. The Jail Administrator will
notify all personnel when the chair is back in service.

Chair Restraints

1. Buckles and Straps - all buckles and straps attached to the restraint chair will be used in
accordance with training procedures. After each use, the buckles and straps will be
returned to the unlocked and unbuckled position.

Placement, Observation and Removal

1. A shift supervisor or higher rank will authorize the use of the restraint chair only after
an individual has been committed to the jail. All efforts will be made to ensure inmate
dignity (this includes clothing or the lack of clothing), but this will be secondary in
situations of potential self-harm or harm to others. Personnel will encourage inmate
compliance during the application of the restraints by calmly explaining the following:

a. restraint procedure
b. reasons for decision to restrain
c. behavior required to terminate the use of restraints

2. Additional restraints may be used to secure the ankles.

3. Personnel trained in the use of the restraint chair and its restraints will assure all
restraints are correctly applied.

4. A supervisor will be present and supervise the placement of the inmate in the restraint
chair. Application of restraints will not occur until sufficient security staffs are present,
which may include medical personnel, to adequately immobilize the inmate during the
application of restraints.

5. Inmates will normally be housed in a medical isolation cell. Alternate locations will be
approved by the on-duty shift supervisor along with any consultation that may be
necessary.

6. Supervisors, medical personnel, and/or assigned designee will observe and check
vitals on the inmate every fifteen (15) minutes for the first hour that the inmate is in the
restraint chair, and every thirty minutes (30) for the duration of the restraint chair time.
Medical records should reflect each medical check.

a. extremities will be monitored for color and temperature.


b. vital signs will be taken and recorded as stated above.

2
c. appropriate personal hygiene and hydration measures must be followed.
d. meals will be provided to restrained inmates, but will consist of finger foods.
(1.) Typically, an inmate’s strong hand will be freed to feed him or herself,
while being monitored closely by staff. Meals will be requested by medical
staff or designee. The medical staff or designee will assist if needed during
meal consumptions.

7. The inmate may be removed by the direction of the shift supervisor or higher rank of
authority, after a review of the original circumstances and inmate’s current condition has
been checked out with medical staff, if necessary.

8. If an inmate is placed in the restraint chair and the Martinsville City Jail Medical personnel
are on duty, the shift supervisor shall contact the medical personnel immediately after
every 2 hours the inmate is in the restraint chair. The medical personnel shall examine the
inmate for proper circulation and any other medical issues. If, there are no signs or
symptoms of medical complications, then the inmate may remain in the restraint chair up
to an additional 2 hours, if the supervisor on-duty deems it necessary. Personnel will
continue 30-minute checks thereafter with documentation written on the inmates round
sheet. The Martinsville City Jail Medical personnel will continue to evaluate the inmate’s
medical condition every 2 hours. An inmate shall not remain in the restraint chair more
than 8 hours total.

If the medical staff is not available during the use of the restraint chair, the supervisor or
designee on-duty shall evaluate the inmates condition every 2 hours and determine
whether to remove the inmate or continue the use of the restraint chair. If the inmate
requires medical attention, the supervisor on-duty or designee shall contact the Martinsville
City Jail Medical personnel or rescue squad personnel (911). If the inmate does not appear
to have any medical issues, and appears to have proper circulation, then the inmate can
remain in the restraint chair up to an additional 2 hours if the supervisor deems it
necessary. The supervisor on-duty or designee shall document on the inmates round
sheet any and all medical findings during the medical evaluations. The 30-minute checks
and documentation will continue during the use of the restraint chair.

Placement in the Restraint Chair

1. It is recognized that during times of violent encounters with inmates, staff members may
not be able to follow the listed prescribed manner. However, all efforts will be made to
meet the following recommendations:

a. Once it is recognized that an inmate must be restrained, for whatever reason, the
officer(s) will immediately gain control of the inmate and apply waist and leg restraints.

b. The inmate should be placed in a prone position back down on the floor. Apply the
waist chains so the handcuffs are in the front with the keyholes are facing toward the
inmate’s elbows. Apply the leg irons so the keyholes are facing toward the inmate’s

3
knees (the order of waist chain and leg irons may vary). Officers will normally escort
the inmate to the restraint chair with a firm grasp.
c. The inmate will be positioned with his or her back to the restraint chair. An officer will
be positioned to the left, right and directly behind the inmate in order to control the
shoulders, arms and head. Another officer should be in a position to control the
inmate’s legs.

d. One officer will fasten the lap belt restraint across the inmate’s mid section. The officer
controlling the legs will fasten the leg strap over the leg irons to keep the legs
restricted and while removing the leg irons. Officer(s) controlling the arms will fasten
the chair shoulder straps (one at a time) across and down the upper body of the
inmate.

e. The officer(s) will then place the cinch wrist restraints over the wrist above the iron
handcuffs and tighten them securely. The officer(s) will then carefully remove the iron
handcuffs and carefully readjust the cinch wrist restraints.

f. The officer controlling the legs will then carefully loosen the leg strap enough to place
the Velcro leg cuff restraints on one ankle at a time and tighten them securely. The leg
strap will then be pulled tightly over both legs and secured.

e. Supervisor and/or medical staff, will check all restraint belts to ensure the inmate has
proper circulation.

This policy supersedes all previous administrative directives.

__________________________________ Date_____/_____/_____
Dr. JAMES ISERNIA, MD
Jail Medical Physician

__________________________________ Date_____/_____/_____
SHERIFF, S.M. DRAPER

4
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: Dress Code NUMBER: GP-6
EFFECTIVE DATE: 01/23/01 REVISED DATE: 02/12/09, 5/1/18, 10/27/20, 12/23/20
Reference: RR 2-4-1.17 Pages 1-7

PURPOSE:

Each employee of this department has a responsibility to present a neat and orderly
appearance at all times while on assigned duty. While recognizing the approach will be
different, sworn or civilian, the object is always the same---to present an image to the
general public that will demand respect and signify the uniformity that must be present in all
semi-military organizations.

To create a dress code for the employees of the Martinsville Sheriff’s Office.

PROCEDURES:

I. Sworn Personnel

A. Shall wear only department issued or approved uniforms and equipment while
on duty or when appearing in public in uniform. The uniform shall be worn in
its entirety and shall display only approved or issued insignias, patches,
buttons, tie tacks, etc.

B. Officers may wear civilian clothing to the Sheriff’s Office and change into
uniform prior to beginning of their shift.

II. Wearing and Care of the Uniform

A. Baseball cap - the only baseball style cap authorized will be the issued Sheriff’s
Office insignia baseball cap and this cap will only be worn with the BDU
uniform (no other style of baseball cap is permitted unless approved by the
Sheriff).

(1) Cap shall be kept clean and free from sweat stains, odors, or tears.

B. Straw Hat – The brown straw hat will only be authorized to wear (if applicable)
on certain special events approved by the Sheriff. The straw hat can only be
worn with the Class A uniform.

GP-6 1
C. Uniform Shirt(s) - the department issued brown Class A uniform shirt (long
sleeve or short sleeve) and brown BDU uniform shirt (long sleeve or
short sleeve) shall be worn appropriately by all deputies:

(1) The shirt shall be clean and neatly pressed at all times and shall display
only approved or issued insignias and patches.

(2) White t-shirts are optional with the Class A uniform and black t-shirts are
optional with the BDU uniform.

(3) Shirt pockets shall not be bulging with items or other materials except for
an appropriate pen to use.

(4) Long sleeves shall not be turned up, or rolled up at any time.

D. Uniform Trouser(s) - the department issued Class A taupe trouser with brown
stripe and brown BDU uniform trouser shall be worn appropriately by all
deputies:

(1) The trouser shall be clean and neatly pressed at all times.

(2) BDU trouser cargo pockets shall not be bulging or stuffed with items or
materials other than what is necessary to complete your daily work
tasks.

E. Footwear - department issued or approved footwear shall be solid black and


display a plain or smooth toe.

(1) Department issued BDU boots, or dress shoes must be worn with the
appropriate uniform. BDU boots may be worn with the Class A uniform if
authorized and the boot must be covered by the trouser leg. Dress
shoes are not permitted to be worn with the BDU uniform.

(2) Footwear shall be kept clean and shined at all times. Rubber footwear,
black in color, may be used during snowy or wet conditions if approved.

(3) Personal tennis shoes may be worn with the appropriate uniform only if
approved by administration, must be solid black with no designs. Slip on
footwear, clogs, or rubber in style shoes are not permitted.

(4) If an employee wishes to buy their own boots, the department will
reimburse an employee up to the price of the cost of a department
issued pair of boots. An employee will be allowed to purchase a pair of
boots and turn in that receipt for reimbursement only once in a two-year
span unless justified sooner with administrations approval. Personal
bought boots must meet the departments standards and requirements.

GP-6 2
Personal boots shall not be purchased using a City of Martinsville
issued credit card due to IRS regulations. If such a purchase is made
using your city issued card, the Martinsville Sheriff’s Office will not honor
the boot reimbursement allowed and you will be taxed for the purchase
made to your city credit card.

F. Socks - socks shall be black in color for tennis/dress shoes. Other color socks
are permitted to wear with the BDU boots or other authorized footwear only if
the socks are nonvisible.
G. Ties – department issued taupe break-away ties (clip-on) shall be kept clean,
neatly pressed and shall be department issue.

H. Tie Tacks - Officers shall wear the city service award pin or department issue.

I. Badge - the badge shall be shined and worn in the appropriate place over the
left pocket of the outermost garment.

J. Nameplate - the nameplate shall be shined and worn in the center of the flap
on the right pocket, one-quarter inch below the seam on the outermost
garment.

K. Compression style long-sleeve Shirts – this style shirt is approved only for the
deputies who have visible tattoos on their arms. This shirt must fit under the
BDU short sleeve shirt and must be long sleeve with solid black in color
sleeves that are visible. Sleeves must fit to the arm and not extend past the
wrist. No baggy style clothing or sweatshirt type material will be permitted. This
style shirt will not be permitted to wear with your Class A short sleeve uniform.

III. Uniforms and Accessories

A. The BDU uniform for all sworn personnel, with the exception of administrative
officers, shall be worn when appropriate as determined by the Sheriff and shall
consist of the following:

(1) The BDU Uniform shall consist of the following:

a. Brown, BDU long sleeved shirt


b. Brown, BDU short sleeved shirt
c. Brown, BDU trousers
d. Solid Black department issued boots or approved solid
black shoes
e. Black in color t- shirt (optional)
f. Black in color long sleeve compression shirt for
deputies with exposed arm tattoos and wearing short
sleeve BDU uniform only.
g. Black web belt, web holster, authorized web gear, etc.

GP-6 3
h. Approved or issued insignias, name plates, name tape,
patches, badge, etc.
i. Issued or approved department baseball cap (optional)
j. Field jacket (when weather appropriate)
k. Department issued and approved duty weapon
l. Department issued and approved hand radio with mic

(1) Court bailiffs will only wear the BDU uniform during normal working
hours for special events, and assignments approved by the Sheriff.
Court bailiffs will not otherwise wear BDU uniforms during normal
court operational hours or while working their assigned court.

(2) Bailiffs will wear a tie in circuit court regardless of which dress
uniform shirt is worn. Ties may be optional or situations may be
different according to the judges in lower court.

B. The dress uniform (Class A) for all sworn personnel, with the exception of
administrative officers, shall be worn when appropriate as determined by the
Sheriff and shall consist of the following:

(1) The dress uniform shall consist of the following:

a. Brown, dress long sleeve shirt


b. Brown, dress short sleeve shirt
c. Taupe, dress trouser w/brown stripe
d. Solid black department issued dress shoes or approved
solid black shoes
e. Black socks
f. Black leather belt, leather holster, authorized leather gear,
etc.
g. Approved or issued insignias, name plates, patches,
badge, etc.
h. Field jacket (when weather appropriate)
i. Tie - department issued taupe break-away (optional)
j. Straw hat (optional)
k. Department issued and approved duty weapon
l. Department issued and approved hand radio with mic

C. The dress uniform (Class A) and BDU uniform for administrative officers shall
be worn when appropriate as determined by the Sheriff and shall include all the
following items listed in paragraphs A & B under III. Uniforms and Accessories,
but will also consist of the following:

GP-6 4
(1) Additional uniform options shall consist of the following:

a. White, dress long sleeve shirt


b. White, dress short sleeve shirt
c. Brown, dress blazer (when appropriate)
d. Duty belt or certain duty gear (optional) as approved by
the Sheriff or Chief Deputy

D. Leather - the leather duty belt and gear shall be kept clean and shined at all
times. The holster, handcuff case, and magazine case shall be worn on either
side of your duty belt determined by the officer’s dexterity.
E. Duty Weapon – officers carrying a weapon on duty shall be a department
issued weapon or a weapon approved by the department.

(1) Officers who desire to carry an off-duty weapon while on duty or official
department business are encouraged to carry their department issued
weapon.

(2) All weapons carried on or off- duty shall be registered and approved with
the department.

F. Handcuffs - handcuffs must be kept clean and in good working order at all
times.

(1) Each officer must keep in his possession a handcuff key to fit the
handcuffs.

G. Raincoat - each officer shall use the yellow raincoat and rain hat cover issued
by the department if needed.

H. Sunglasses - all sunglasses worn by officers while on duty must be


conservative in style and design and/or prescription photo-lens glasses, and
not be of the reflective mirror-lens type.

I. Gloves - gloves worn with the uniform must be black, normal length and have
no decorative design. An exception to this requirement will exist when the
department's Honor Guard is activated.

J. Jewelry - jewelry worn while on duty shall not interfere with an employee in the
performance of their duty or represent a safety hazard to the employee, other
members of the department, or the general public. This does not prevent the
wearing of wedding rings, engagement rings, or other rings worn in
conservative style and number.

K. Perfume and Cologne - perfume and cologne shall be used conservatively and
shall not be strongly scented.

GP-6 5
L. Makeup (Female Employees) - the use of lipstick, rouge, mascara and other
facial makeup, when worn, shall be conservative in color and amount used.

M. On-call Duty – officers who get called in to work the jail, are performing TDO
transports, or sitting with an inmate at the hospital will show up in a department
issued uniform for duty unless authorized by administration otherwise. All
issued and approved duty gear will also be required to accomplish department
responsibilities and tasks appointed to them.

N. Badge mourning bands will be issued for both uniforms, and will only be worn
over the badge for “National Peace Officer’s Week” or when notified to do so.

Note: Officers assigned within the jail facility may opt out of wearing their duty belt
only if all safety precautions are met and no unforeseen circumstances arise.
This option is allowed by Administration but can be removed and/or reinstated
at any time it may be deemed necessary to do so. No duty belt accessories will
be allowed to be worn upon an officer’s person incorrectly or in an unsafe
manner at any time. All officers will be responsible in making their own good
judgement call regarding this option. It will be mandatory for all officers to
have their duty belt with issued gear on hand in case of an unforeseen
transport occurring or any other circumstances taking that officer away from the
jail setting and/or away from the jail for any extended time.

IV. Court Appearance

All officers of this department shall comply with this policy when appearing in Court
either on or off-duty, with the following exception:

A. Circuit Court- Dress Clothes (men-tie and blazer, or nice dress clothes) or dress
uniform w/tie (preferred).
B. Lower Courts-Dress Clothes (men-tie and blazer or nice dress clothes), dress
uniform or BDU (preferred).
C. Women may wear appropriate dress clothes attire, dress uniform for circuit court
with tie, and for lower court either dress uniform or BDU uniform.

V. Civilian Employees

A. All employees will wear clothing that is conservative in nature (absolutely no


shorts).

B. During inclement weather, civilian employees may wear clothing that is fit for
the weather, (ex. blue jeans, boots, etc.)

GP-6 6
C. Civilian part-time employees are to wear the official Martinsville Sheriff’s Office
golf shirt. The same rule applies as to uniforms, the second button from the top
down must be buttoned and all shirttails tucked in.

(1) Slacks or jeans will be worn, no skirts or dresses.

D. On special events or changes in routine, the dress code policy may be altered
per approval by the Sheriff or administration.

_______________________________
SHERIFF, S. M. DRAPER
General Procedure

GP-6 7
MARTINSVILLE GENERAL ORDER
SHERIFF'S OFFICE

SUBJECT: Drug and Alcohol Testing NUMBER: GP-7

EFFECTIVE DATE: 01/23/01 REVISED DATE: 02/12/09, 07/17/14


REFERRENCE: RR 2-10

POLICY:

It is the objective of the Martinsville Sheriff’s Office to maintain a safe, healthful and
productive work environment for the employees. To that end, the Sheriff’s Office is
committed to the elimination of substance abuse and the use of illegal drugs which impair
an employee’s ability to safely and effectively perform the functions of a particular job,
increase the potential for accidents, absenteeism, substandard performance, poor employee
morale, or tends to undermine public confidence in the Sheriff’s Office workforce.

PURPOSE:

The purpose of this policy is to establish procedures for the Administration, and supervisory
personnel in the detection, recognition, of illegal substances, and the procedures that are to
be adhered to in the testing for such illegal substances by Sheriff’s Office personnel. To
establish procedures for substance abuse testing of an applicant in the pre-employment
phase.

PROCEDURE:

1. GENERAL

A. Employees of the Sheriff’s Office shall:

(1) Notify his/her supervisor, before beginning work, when


taking medication or drugs, prescription, non-prescription, which interfere
with the safe and effective performance of their duties or operation of any
Sheriff’s Office equipment.

GP-7 1
(2) Provide within twenty-four hours of request a current valid
Prescription for any drug or medication identified when a drug
screen/analysis is positive. Prescription must be in the employees name.

B. Administration Responsibilities:

(1) The administration shall ensure this policy is enforced in a fair and
impartial basis to all Sheriff’s Office employees, and applicants.

(2) The administration shall ensure that all Sheriff’s Office employees
are familiar with this policy.

(3) The administration shall review this policy periodically and update any part
as necessary.

C. Responsibilities of Supervisors:

(1) Supervisors are to be familiar with the procedures and requirements


of this policy at all times.

(2) Supervisors are required to detail in writing all specific facts,


symptoms, or observations which form the basis for their determination
that reasonable suspicion testing of an employee is warranted.

(3) Supervisors shall notify the appropriate administrator as soon as possible


of any reasonable suspicion of an employee being under the influence of
any drugs/alcohol.

(4) All supervisors in absence of administrative personnel shall ensure


an employee suspected of drug/alcohol abuse while on duty, or while
driving a city vehicle, at fault or not at fault, involved in a wreck (major or
minor) shall be transported by the supervisor to the Sheriff’s Office
designated Medical Services provider ( Memorial Hospital of Martinsville
& Henry County Laboratory) where a drug/alcohol screen will be
requested.

(5) Any supervisor encountering an employee who refuses to submit


To a drug/alcohol screen upon request shall remind the employee of the
requirements and consequences of this policy. Any employee refusing to
submit to a drug/alcohol screen shall be forced to submit to such testing.
Any such employee shall be subject to disciplinary action as hereinafter
set forth.

(6) Supervisors shall notify the administration when they have


GP-7 2
reasonable suspicion to believe that an employee may have illegal drugs
in his/her possession, or in an area not jointly or fully controlled by the
Sheriff’s Office.

D. Situations when drug/alcohol screening will be performed:

(1) Pre-Employment
(2) Reasonable Suspicion
(3) Return-to-duty and follow –up after positive screening

Pre-Employment:

Performed either before an individual is officially offered employment, or after an


offer has been extended contingent upon a successful drug/alcohol screen.

Reasonable Suspicion:

Performed when a supervisor has reason to believe that an employees behavior


or appearance may indicate drug/alcohol use.

Return-to duty and follow-up:

Performed when an employee has violated this policy and are seeking to return
to work. In order to return to work, an alcohol concentration of less than 0.02 or
a negative drug screen is required.

_____________________________
SHERIFF, S. M. DRAPER

This policy supersedes all previous administrative directives.

GP-7 3
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: Vehicle and Equipment Inspection NUMBER: GP-8
EFFECTIVE DATE: 07/05/01 REVISED DATE: 02/12/09

PURPOSE:

A large responsibility of administration is to provide employees with safe, well maintained equipment to
carry out their day-to-day duties.

One of the most important areas of this responsibility is the maintenance of our vehicle fleet. A well
maintained vehicle could keep an officer from serious injury, or even death, during emergency or normal
use.

Administration cannot carry out this responsibility without the assistance of the officers who use our
vehicles. Therefore, it is important that each officer take a personal interest in the vehicle and equipment
he uses by inspecting it thoroughly for potential mechanical failure, necessary maintenance, cleanliness,
and to be sure all necessary equipment is in place and in good working condition, and above all, operation
of the vehicle should not cause undue or unnecessary abuse.

This procedure was developed for vehicle and equipment inspection, maintenance, repair, alterations and
cleanliness.

PROCEDURES:

l. Responsibility of Officer

A. It shall be the responsibility of all officers assigned to a vehicle to inspect that


vehicle at the beginning of his tour of duty (except when an emergency exists),
as follows:

(1) Any officer who discovers a need for cleaning, mechanical repairs,
alterations, maintenance or repair of physical damage to his vehicle, shall:

(a) Report that need to the officer in charge of vehicles and


indicate the need on the Vehicle Repair and Maintenance
form.

GP-8
2. Responsibility of officer in-charge of vehicles The officer shall oversee the inspection of
each vehicle used as follows:

A. Authorize and arrange general clean up and service work at City Garage.

B. Authorize minor repairs under emergency conditions only.

C. Advise the Captain, in the appropriate division, of any misuse of a vehicle,


or any officer who does not carry out his assigned responsibilities.

D. Consult with the administrator on duty, when repair work is needed.

E. Inspect any vehicle he may use during his tour of duty.

F. Review and record completed weekly inspection forms.

G. Authorize and arrange for all repair work.

H. Repair work, major and minor, shall be performed at the City Garage
when possible and practical.

3. Responsibility of the Captain, in the appropriate division.

A. Take appropriate action when any officer does not uphold his responsibility as it relates
to vehicle use, inspection, care or maintenance.

4. Responsibility of All Employees

A. General Maintenance

(l) During shift use, each vehicle shall be filled up with gasoline.

(2) The engine oil and transmission fluid shall be checked each
Saturday.

(3) Vehicle should be locked whenever practical to prevent loss of


equipment, flashights, etc.

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives.

GP-8 2
GP-8 3
4
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: Summer/Winter Uniform NUMBER: GP-9
EFFECTIVE DATE: 10/30/01 REVISED DATE: 02/12/09, 12/22/09, 3/12/18
REFERRENCE: RR 2-4 Pages 1-2

PROCEDURE:

SUMMER ATTIRE:

Class (A) Uniform: attire will consist of short sleeve brown shirts, (white shirts for line officers are
optional) and taupe pants with brown stripe on each leg. Shirts must have badge, name badge,
and any rank pins that should reflect the rank of the individual. Ties will not be required with the
exception of court bailiffs. Black leather duty belt must be worn with the service weapon, pepper
spray, handcuffs and radio attached. Solid black in color department issue dress shoes, or agency
approved footwear must be worn.

BDU: attire will consist of short sleeve brown shirts and brown pants. Shirts must have badge,
name plate and any rank pins (embroidered or actual pins) that should reflect the rank of the
individual. Solid black in color shoes, boots, or other agency approved footwear must be worn.
Black duty web belt or leather must be worn with the service weapon, pepper spray, handcuffs and
radio attached.

All Officers have an option to wear long or short sleeves year around.

WINTER ATTIRE:

Class (A): attire shall consist of long sleeve brown shirts, ties are optional accept in a court room
(white shirts for line officers are optional), and taupe pants with brown stripe on each leg. Shirts
must have badge and name badge and rank pins that should reflect the rank of the individual.
Black duty belt leather must be worn with the service weapon, pepper spray, handcuffs and radio
attached. Solid black in color department issue shoes, or agency approved footwear must be worn.
During weather with snow solid black in color department issue boots may be worn except in a
court room.

BDU: attire will consist of long sleeve brown shirts and brown pants. Shirts must have badge,
name plate and any rank pins (embroidered or actual pins) that should reflect the rank of the
individual. Solid black in color shoes, boots, or other agency approved footwear must be worn.
Black duty web belt or leather must be worn with the service weapon, pepper spray, handcuffs and
radio attached.

All Officers have an option to wear short or long sleeves year around.

1
Note:

Duty Belt: Officers working their shifts inside the jail facility may opt out on wearing the duty belt
unless this interferes with officer safety or other unforeseen circumstances. Duty belt accessories
will not be placed upon an officer’s person other than the proper displacement authorized.
Administration will authorize such requests on a need to need basis.

Tee Shirts: Tee shirts are optional under either uniform, White in color under the Class (A) and
Black in color under the BDU.

Uniforms: Shall have no accessories worn incorrectly, any accessories shall be secured to the
duty belt. Example: Cell phones, pagers etc.

Officers not wearing ties must keep all, except the top button on their shirts, buttoned at all times.

Sheriff insignia baseball caps shall only be worn with the BDU.

Class (A) hats will not be standard issue, they will only be issued to specialty teams, administrative
ranking officers, and worn at special times.

Badge Mourning bands will be standard issue and only worn over the pin badge for National Peace
Officer Week or when notified to do so.

__________________________________
SHERIFF, S.M. DRAPER
GENERAL PROCEDURE

2
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: Inmate Labor during Inclement NUMBER: GP-10
Weather
EFFECTIVE DATE: 02/05/03 REVISED DATE:

PROCEDURES:

Use of Inmate Labor during Inclement Weather

Inmate labor may be used to assist the city work crews to remove snow and ice and assist as
needed in other areas. Pretrial inmates will be used on a volunteer basis only. Pre- established
guidelines for work force inmates will apply, including pay.

Work Force Coordinator

The Work Force Coordinator will be responsible for:

1. Contact Public Works the day prior to forecasted inclement weather to determine the areas
where assistance will be needed. (Assisting with tire chains, snow removal etc.)

2. Maintain a double supply of Calcium Chloride to cover the sidewalks of city hall stored in
the building behind the Moss Street office.

3. Have two to three inmates pre-arranged with annex officers if the city garage calls for
assistance (the garage employees will pick them up).

4. Serve as the liaison between public works and the jail/annex staff to schedule the inmate
work crews to assist as needed.

5. Ensure that the parking lot at the annex is clear, plowed if needed, to allow safe departure
of the work crews.

6. Coordinate work crews to avoid extra work. Ex. Do not clean an area that will be covered
up by the snowplow, thus requiring it to be cleaned again. Effective communication with
the public works crews is necessary.

7. Work with the jail supervisor on duty to provide inmate labor from the city jail to assist with
clearing priority spots around the city hall area.

A) Coordinate the use of spreading Calcium Chloride on all the sidewalks around the
city hall area just prior to bad weather to assure easy removal by morning.

GP-10 1
B) Only Calcium Chloride is to be used prior to bad weather.

Jail Supervisor

The Jail supervisor will be responsible for working with the Work Force Coordinator by selecting
the city jail inmates, following the pre-established guidelines of the work force, and provide a
supervisor to oversee the inmate crew.

Annex Officers

The Annex officers will be responsible for:

1. Provide two to three inmates that may be needed to assist the city garage during bad
weather.

A) There is no restriction on the time of day that the garage may call for the inmates.

2. After business hours contact the Work Force Coordinator if Public Works/City Garage

needs to speak with him/her.

Work force crew supervisor

Work force crew supervisor will be responsible for taking his crew out as soon as it is safe to do so
and start the process of snow removal. If for any reason it is not safe he or she will report this to
city hall and utilize a crew from the jail.

Diagram

1. The attached diagram illustrates and defines areas to be cleared. The priority areas
are defined as 1 with secondary areas as a 2.

2. The Annex crew and the jail crew will work together to clear the priority areas (1) first
then the secondary areas (2).

_____________________________
SHERIFF, S.M. DRAPER
GENERAL PROCEDURE

GP-10 2
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: : Education Reimbursement NUMBER: GP-11
EFFECTIVE DATE: 3/1/05 REVISED DATE: 02/12/09

POLICY:

The Martinsville Sheriff’s Office provides an education reimbursement policy as a benefit to full
time employees. Employees who plan to take a course and wish to be reimbursed must submit the
request in writing to their supervisor who will forward the request to the Chief Deputy.

The Chief Deputy will bring the request to administration for discussion and a decision will be
made. Consideration will be given to type of course, relevance to the operation and duties of this
office as well as employee service. Reimbursement can only be approved if funds are available

After pre-approved the employee must complete the course and receive a grade of “C” or better to
receive reimbursement.

Only courses taken through an accredited school will be considered. The following information
should be submitted as a minimum for consideration.

Employee Name

Hire Date

Name of School

Name of course with description as to how it relates to the functions of this office

Cost of Course

Start and Finish Dates

Requests will be submitted in a timely manner. Notification of approval or denial of reimbursement


will be made quickly as possible.

____________________________
SHERIFF, S.M. DRAPER

GP-11 1
MARTINSVILLE RULES AND REGULATIONS
SHERIFF'S OFFICE
SUBJECT: MASTER DEPUTY PROGRAM NUMBER: GP-13
EFFECTIVE DATE: January 1, 1999 REVISED DATE: 5/18/00, 01/09/08

I. Policy:

The Martinsville City Sheriff’s Office subscribes to the concept of the Master
Deputy Career Development Program (CDP), and the minimum criteria as set
forth in this plan, and as prescribed in Items 624, Paragraph P, Chapter 966,
Acts of Assembly and the Compensation Board’s Minimum Criteria for Master
Deputy Programs, dated October 27, 1994.

II. Purpose:

A. Program Purpose: The overall purpose of this program is to encourage


professionalism in Sheriff’s offices by improving personal skills, knowledge and
abilities of grade eight deputies in order to meet department objectives; and to
reduce deputy turnover, preventable vehicle accidents, excessive sick leave
usage and disciplinary actions.

B. Plan Purpose: To provide each deputy with the necessary information of the
eligibility criteria needed to initiate consideration and participation in the Master
Deputy Career Development Program.

C. Scope: The CDP is a recognition and incentive program based upon individual
accomplishment and maintenance of specific criteria. Selection in the CDP is not
to be considered a promotion in rank. All deputies selected to participate in the
CDP shall be subject to current agency policies and procedures and any
amendments to established policies. The Sheriff may amend this policy at any
time. All financial incentives are subject to approved funding.

III. Procedures:

The Career Development Plan for grade eight (8) deputies incorporates the following minimum

criteria:

GP-13 1
A. Selection process:

1. The Sheriff shall appoint a Career Development Board (CDB) to receive


applications of candidate deputies for the program, review and determine eligible
criteria and make recommendations to the Sheriff regarding deputies’ acceptance
into the program.

2. The minimum composition of the CDB shall be:


a. One command level ranking deputy, lieutenant or higher.
b. One first line supervisor, sergeant level.
c. One grade 7 or grade 8 deputy.
d. One human resource officer/deputy.
e. One ad hoc member as determined by the Sheriff.

3. The Career Development Board shall convene in June and December of each
year to review applications for the program. At this time, the CDB shall request
any personnel file of an applicant or request the applicant to appear in person to
answer any questions.

4. Notification of the CDB’s Recommendation:


a. The CDB shall forward all recommendations concerning CDP candidate to the
Sheriff within 30 days following adjournment of the CDB.
b. The CDB shall notify each candidate in writing of its recommendation to the
Sheriff and of the candidates’ right to appeal not later than 10 days following
the adjournment of the CDB.
c. The Sheriff will make the final decision on a candidate’s acceptance into the
CDP. The Sheriff shall notify the candidates in writing of his acceptance into
the CDP.
d. The Sheriff will notify the deputy’s supervisor and all management staff of the
candidate’s acceptance into the program in order to assist in the ongoing
evaluation of the deputy.

5. Appeals

a. A deputy shall have 10 days to appeal in writing an unfavorable


recommendation from the CDB. The CDB will then schedule and hear the
deputy’s appeal within seven (7) working days of the receipt of the appeal.
b. If a candidate’s application is rejected for entrance into the CDP, that deputy
may appeal in writing within 10 days to the Sheriff to hear the deputy’s appeal.
The Sheriff’s finding after this hearing shall be final.
c. If a candidate’s application is rejected and all appeals have been exhausted,
he/she may reapply for entry into the CDP after 12 months provided the
deputy has performed at an acceptable level.

B. Initiating Responsibility:

GP-13 2
1. It shall be the responsibility of the individual deputy to review the criteria for
entrance into the CDP and to initiate application into the program as prescribed
below.

2. Application for entrance into the CDP must be submitted in writing to the Sheriff or
his designee 30 days prior to the scheduled meeting of the CDB. Request
deadline, therefore, shall be May 1st and November 1st. Requests received after
the noted deadline will be forwarded for consideration at the next scheduled CDB
meeting.

3. It shall be the responsibility of the deputy candidate to include all material that
supports his/her eligibility with the application. Upon request, the deputy will
appear before the CDB or the Sheriff to provide additional information and answer
any questions that may arise during the selection process.

4. It shall be the responsibility of the Sheriff to notify the Compensation Board, using
C.B. Form 10-MD, of selections made to the Career Development Plan.

IV. Eligibility Criteria:

In order to be eligible for the Career Development Program, a deputy must


demonstrate above average service as defined in the following criteria areas.

A. Length of Service: Length of service and experience shall be considered when


determining eligibility for the CDP. When determining length of service, only those
years served with the candidate’s current agency will be considered. Employment
must be continuous without a break in service from the time the deputy fulfills the
minimum service requirement and application into the CDP.

1. The minimum length of service necessary to be considered for selection into the
program shall be three years served consecutively.
a. Longevity of service beyond the minimum of three years will not be considered
when determining selection into the CDP.

B. Job Performance:

Overall job performance shall be used as criteria for the selection process.
Candidates for the CDP must personify exemplary commitment and dedication to their
job assignment and serve as a model to other agency employees. The following
criteria should be considered a minimum requirement for selection.

1. Each deputy candidate must have received above average evaluations on his/her
last two performance reviews. The deputy’s supervisor shall determine the
performance objectives that will be used for evaluation purposes.

GP-13 3
2. The deputy candidate shall not be considered for selection into the CDP if any job
performance objective in the two most recent periods has been rated below
average or below satisfactory performance.

3. The deputy candidate shall have no more serious disciplinary action than one (1)
written reprimand within the past two years immediately preceding application for
selection.

4. The deputy candidate shall present himself/herself as a professional and have no


instances that may bring reproach on the department.

5. If the deputy candidate has responsibilities of maintaining a vehicle or instances


using a vehicle, the deputy candidate is responsible for cleanliness and condition
of the vehicle. Prompt reports of damage and service needs will be considered.

C. Vehicle Accidents:

A deputy is required to ensure that a safe driving environment is maintained for the
protection of life and property, not only for him or herself, but also for the general
community as well.

1. As a minimum, a deputy shall not have more than one preventable vehicle
accident in the past three- (3) years.

2. The jurisdiction’s accident review board’s determination regarding avoidability shall


be used as documentation in the event an accident has been recorded. If the
jurisdiction does not have an accident revue board, the department’s internal
investigation of the accident shall be used to determine avoidability. This
information will be submitted to the CDB for consideration in the selection process.

D. Firearms Proficiency:

One of the most critical aspects of a deputy’s job is that of exercising sound judgement
regarding use of force to ensure a safe environment. Deputy candidates for the CDP
should show superior leadership in this and all areas of firearms proficiency.

1. A deputy must qualify annually with an agency-approved firearm with a score of


not less than 80.

2. Range qualification shall include a review of policy relating to:

GP-13 4
a. weapons safety
b. nomenclature
c. weapons maintenance
d. use of force

3. Courses for firearm qualification shall be in compliance with standards established


by the Department of Criminal Justice Services for in-service training. Any one or
combination of the following courses shall be used to qualify:
a. Virginia Modified Double Action Course for Revolvers
b. Virginia Modified Double Action Course for Semi-Automatic Pistols
c. Virginia 50-Round Tactical Qualifications Course for Revolvers and Semi-
Automatic Pistols.

4. Any deputy who carries or by special duty assignment may have available for
immediate use any special weapon(s), shall qualify with that weapon(s) on an
agency designed course with a minimum score of 80.

5. Equal consideration must be given to a deputy’s judgement and actions based on


the appropriate use of force. The deputy’s immediate supervisor will make this
determination and forward his/her evaluation to the CDB or Sheriff. If available,
judgement simulation courses should be used to test a deputy’s reaction to
stressful scenarios and his/her understanding of use of force principles.

E. Training/Education:

1. A deputy must have completed and maintain a minimum of 40 hours of job-related


specialized training every 2 years in addition to the mandated in-service training
required by DCJS.

2. Training courses must be approved by the Sheriff and designed to enhance the
deputy’s career beyond minimum training requirements.

3. A deputy may substitute job-related college courses for the specialized training
requirement as follows:
a. A college course of at least three (3) credit hours may be substituted for 40
hours specialized training. A minimum grade of C must be obtained in order
to receive credit for college coursework.
b. The college, university or community college must be accredited by the State
Council of Higher Education of Virginia or a like agency in other states.
c. The deputy must provide copies of official transcripts for all college credits
claimed. Transcripts must be submitted within one year of completion of the
course.

GP-13 5
F. Attendance

1. Sick leave. Each deputy shall subscribe to the Martinsville City Sheriff’s Office
Policy and Rules regarding use of sick leave. A deputy must have a sick leave
usage rate the same or less than the average usage in the agency.
a. Computation of sick leave usage shall be on a calendar year basis
commencing on January 1st and concluding on December 31st.
b. Instances of legitimate hospitalization, injuries, or illness shall not be cause for
exclusion from the CDP.
c. Each deputy shall be required to provide justification as to the legitimacy of
such when his/her sick leave utilization exceeds the minimum time allowed.
Documentation must be included in the deputy’s personnel file prior to the
meeting of the CDB or Sheriff’s review.
d. Immediate family sick leave and personnel sick leave is considered to be one
in the same. Each use of sick leave must be documented in order for it to be
counted against a deputy.

2. Reporting. Each deputy must have a punctual reporting record in accordance with
the Martinsville City Sheriff’s Office policies. This applies to all scheduled
functions where the deputy is serving in an official capacity including, but not
limited to duty assignment, court, range, training, meetings, etc.
a. Evidence of compliance shall be supervisory documentation of on-time
reporting; or on such occasion, the deputy contacting his/her immediate
supervisor prior to the time tour of duty is to begin and advising his/her
supervisor of an impending late arrival or absence from duty.
b. More than two such transgressions during a 12-month period shall be cause
for exclusion from the CDP.

G. Removal

Appointment into the CDP is not permanent. A deputy once admitted into the CDP
shall be responsible for maintaining all stated minimum performance criteria in order to
retain his/her CDP status. The deputy is encouraged to work with his/her supervisors
to ensure minimum requirements are met. However, if necessary, the following
procedures shall be followed to initiate removal of a deputy from the CDP.

1. The Sheriff shall make the final determination regarding removal from the CDP. If
removal from the CDP is made, the Sheriff shall make the necessary notification to
the deputy, his/her supervisor, the CDB and to the Compensation Board by
submitting C. B. form 10 – MD.

2. If the deputy’s immediate supervisor(s) determines that he/she is not maintaining


the minimum prescribed criteria, the supervisor will draft a memorandum to the
Sheriff which outlines the specific events or deficiencies leading to a

GP-13 6
recommendation for removal from the CDP. A copy of the memorandum will be
provided to the deputy and a copy placed in his/her personnel file.

3. Upon receipt of the memorandum recommending removal from the CDP, the
deputy has five (5) working days to appeal in writing to the Sheriff or his/her
designee. The Sheriff or designee shall promptly schedule and conduct a hearing
with the deputy and his/her supervisor to allow explanation of the pertinent
circumstances from both parties.

4. Any deputy removed from the CDP may reapply for selection into the program at
the end of a 12-month period subject to master deputy grade availability. The
deputy must have performed at an acceptable level during this period and submit
his/her request and supporting documentation in writing to the Sheriff through the
chain of command. The application shall be accompanied by a recommendation
from the deputy’s supervisor indicating deficiencies have been corrected and
reinstatement is appropriate.

5. Any deputy removed from the CDP for more than 18 months must reapply under
the original selection criteria as established in this plan.

6. Any deputy selected for the CDP shall not have his/her status revoked solely as a
result of a reduction in the total number of eligible grade eight (8) Compensation
Board reimbursed positions in the agency.

V. Administration:

A. Employee Evaluation Plan. The Martinsville City Sheriff’s Office maintains an


employee evaluation plan that meets the minimum criteria established by the
Compensation Board.

B. Compensation. It is the understanding of the Martinsville Sheriff’s Office that 20% of


grade seven (7) and grade eight (8) deputies may receive additional compensation
reimbursed by the Compensation Board as a result of being selected for the CDP.
Additional compensation shall not exceed a 4-step (9.31%) increase in salary. Upon
removal from the CDP, the deputy’s salary shall be adjusted to revert back to the
original amount that preceded entry into the CDP.

C. Equal Opportunity Statement. The Martinsville Sheriff’s Office certifies that career
development opportunities are available to all grade eight (8) deputies. Selection into
the CDP will be made without regard to race, religion, gender, national origin or
political affiliation of all deputies who choose to apply.

GP-13 7
D. Employment Status of Deputies. Notwithstanding anything to the contrary contained in
this program, nothing herein is intended nor should be construed to contradict or
diminish the power and authority of the Sheriff conferred by Virginia Code Section
15.1-48 with respect to his appointees. All deputy sheriffs are and shall remain
appointees of the sheriff and shall not be considered or construed as employees of
either the Sheriff or the City of Martinsville. Neither the creation nor the operation of
this program shall confer on any deputy sheriff any grievance rights, and no deputy
sheriff shall have the right to be represented by counsel when appearing before any
administrators of this program in connection with the operation of this program.

E. Availability of the Career Development Plan. This plan shall be made available to all
employees of the Martinsville Sheriff’s Office. The plan shall be located in an area
accessible to employees.

F. Notwithstanding anything to the contrary contained in this program, nothing herein is


intended nor should be construed to contradict or diminish the power and authority of
the sheriff conferred by Virginia Code Section 15.1-48 with respect to his appointees.
All deputy sheriffs are and shall remain appointees of the sheriff and shall not be
considered or construed as employees of either the Sheriff or the City of Martinsville.
Neither the creation nor the operation of this program shall confer on any deputy
sheriff any grievance rights, and no deputy sheriff shall have the right to be
represented by counsel when appearing before any administrators of this program in
connection with the operation of this program.

G. This program is subject to audit as specified in Appendix 2 of the MDP document.

Authority: This plan has been adopted by the Martinsville Sheriff’s Office in
accordance with the Compensation Board Policy for Minimum Criteria for
Career Development Plans.

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives.

GP-13 8
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: Benevolent Fund NUMBER: GP-14
EFFECTIVE DATE: 08/26/08 REVISED DATE: 11/30/10

POLICY:

The Martinsville Sheriff’s Office Benevolent Fund is to be used to benefit its employees.
This fund is not to be used without the approval of the Sheriff and /or administrative
staff. Funds from that account are to be used for various situations as outlined below.

Death of immediate family member


Once the supervisor is notified of the death, he/she is responsible for notifying
administration and other supervisors of the situation. Each supervisor should notify their
employees of the situation and arrangements when they are known.

For the purpose of this policy, immediate family is defined as: Mother, Father, Step
mother or father, Siblings, Children, Stepsiblings, and stepchildren, spouse,
grandchildren, son-in-law and daughter in-law. In the event of death of an immediate
family member flowers will be sent for the service or to the home of the employee.

Weddings and Births


If an employee is getting married or giving birth, the employee will receive a $50 gift
card from the department out of this fund.

Retirement
Whenever an employee retires from the department there will be a small reception held at
the Sheriff’ Office with the cost of refreshments paid out of this fund.

GP-14 1
Outings
Funds from this account are used to provide for employee functions such as Christmas
Party and summer outings etc.

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives.

GP-14 2
GENERAL PROCEDURE
MARTINSVILLE SHERIFF'S OFFICE

SUBJECT: Correctional On Call NUMBER: GP-15


EFFECTIVE DATE: 03/30/09 REVISED DATE:

PURPOSE:

To establish guidelines for times that when all avenues have been exhausted for additional assistance
the Correctional “On Call” will be activated to assist with hospitalized inmates, transports or at the
discretion of administration.

PROCEDURES:

1. Correctional Supervisors Responsibilities

i. Each supervisor will be responsible for preparing a two (2) twenty-eight day “On Call”
schedule in advance.

ii. Schedule prep shall be made from each shift placing one deputy on call a day that is
recognized as a shift day off.

iii. Schedules are to be made in sequence of the normal shift hours, example: nights will
coincide with nights. Sunday’s schedules will rotate opposite than the normal to compensate
for the proper rest for Monday morning shift switch.

iv. When scheduling Supervisors are to consider scheduled vacation, holidays, Compensatory
time off etc; they are to be fair and impartial to assure the same officers are not being
scheduled to be on call the same days of the week throughout the annual rotation.

v. Supervisors are to be a part of the rotation.

2. Activation of Correctional “On Call” for security over hospitalized inmates

i. Activation will be determined by the on duty supervisor by the gathering of circumstances


and information provided by hospital staff for the determination when to activate the “On
Call”.

GP-15
GP-15

ii. When the decision is made to activate the supervisor will inform the next higher rank of
his/her decision and activate the on call person, a consideration call will be placed to the
next shift “on call” officer to be prepared to relieve the hospital officer at shift change.

iii. If the inmate is hospitalized for an extended or undetermined length of stay. It will be the
responsibility of each on coming supervisor to inform the next in line for on call until the
inmate is returned to jail.

iv. As soon as feasible the on duty supervisor will contact the jails medical manager of the
situation.

v. If the correctional “on call” can not be notified after reasonable attempts, the day personnel
“on call” shall be activated. Notification shall be made to the Supervisor of the missed
attempt correctional that was scheduled for “on call”.

3. Duties and Responsibilities of the Deputy working on call.

a. When called upon must respond or return call within a reasonable amount of time and at all times
being mentally and physically prepared to get in route quickly.

i. Hospital Security needs to be notified as soon as an inmate is hospitalized.

ii. Deputy present and within site of the inmate at all times.

iii. Deputy will answer all phone calls received at the inmate’s room; inmate will be allowed to
receive calls.

iv. Inmate will be allowed to place four fifteen minute local phone calls daily. (No long distance
phone calls.)

v. Inmate will not be allowed to receive or make calls between the hours of 10:00 p.m. and
8:00 a.m.

vi. Inmate will not be allowed to have visitors.

vii. If the medical staff has made reference that the inmate is not expected to live or has to be
put on life support, you must contact the Sheriff and Jail Administrator and Assistant
immediately.

viii. If the medical staff has made reference that the inmate is not expected to live or has to be
put on life support, than immediate family is allowed to visit the inmate. (Immediate family:
Mother, Father, Wife, Husband, Brother, Sister, Grandparents, Children.)

ix. If inmate is about to have surgery, you must remain directly outside of the zone that is
deemed by the hospital to be a germ free area, unless, the surgeon has requested your

GP-15 2
GP-15

presence in the surgical area.

x. Each deputy working security shall have a note pad or a means to


document anything out of the ordinary.

4. Activation of Correctional “On Call” for Transport Assistance

i. When transport assistance is needed the transportation supervisor will contact the officer on call
for the day of the needed transport.

ii. The supervisor will inform the on call officer of the details of the transport.

5. Compensatory Earnings

i. Deputies that serve time “on call” will reference policy 1-26-1.15
for compensatory time earned.

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives.

GP-15 3
MARTINSVILLE GENERAL PROCEDURES
SHERIFF'S OFFICE
SUBJECT: Inmate Suffers a Deceased Family NUMBER: GP-16
Member
EFFECTIVE DATE: 07/21/01 REVISED DATE: 02/12/09

Policy

In the event of an immediate family member death of an inmate the Martinsville City Sheriff’s Office
will make effort for that inmate to view the body of the decease as long as it is within the
Martinsville and Henry County area.

Viewings will be limited to the death of immediate family members only.

Preventions of viewing:

1. If staff is not available to do so


2. If the inmate is a safety or security threat
3. If family or friends are at the site of the visitation
4. If the visitation location appears to be unsafe

Procedure:

1. All viewings of decease must be approved through an administration officer.

2. Visitation times must be scheduled with the funeral homes without any other parties present.

3. The officer(s) that will escort must be made aware of the assignment and schedule.

4. The inmate will wear the jail’s appropriate clothing and be cuffed at the ankles before escorted.
Due to amputation, the inmate will be handcuffed.

GP-16 1
5. The inmate will be allowed to have 20 to 30 minutes for the visitation. (Officers discretion after
20 min.)

6. If family or friends become a threat while visiting, simply return the inmate back to the jail.

a. The escort should be handled just as you would handle a transport. All safety
precautions are not to be ignored or waived due to the circumstances.

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives.

GP-16 2
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: METHICILLIN RESISTANT NUMBER: GP-17
STAPHYLOCOCCUSAUREUS
(MRSA)

EFFECTIVE DATE: 6/09/06 REVISED DATE: 02/12/09

POLICY:

To ensure that each inmate entering the Martinsville City Jail is screened at booking regarding skin
infections and that each inmate diagnosed with a MRSA infection is immediately treated and
adequately followed-up. In the event that an inmate is released from jail and the course of
treatment has not been completed, the inmate will be advised regarding proper follow-up and
importance of completion of antibiotic therapy. To educate employees and medical staff of proper
procedure and technique to reduce and prevent the transmission of MRSA to any employee or
family members.

METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)

PROCEDURES:

Each inmate will be screened at the time of booking. All lesions will be cultured upon Physician’s
orders. An aggressive antibiotic regime will be used according to Physician’s Orders.

Encourage all inmates who develop boils, spider bites and suspicious skin lesions to alert medical
staff as soon as possible for evaluation. Initiate active surveillance in the housing units for boils,
spider bites and suspicious skin lesions. Lesions will be cultured upon a Physician’s orders.
Cellmates or close contacts of inmates with MRSA shall be evaluated for skin lesions. If cellmates
or close contact responds affirmatively to the presence of skin lesions, schedule evaluation.

1. Ensure that all soft tissue and wound culture results are reviewed within forty-eight (48)
hours of receipt and antibiotic therapy is adjusted appropriately.

2. If the lesions are still draining at the end of the recommended treatment protocol, consider
continuing antimicrobial treatment.

3. If an inmate has a second MRSA infection after adequate resolution of the first infection,
treat appropriately until the second infection has completely healed.

1
4. Reculturing after therapy will be based on physician’s recommendations.

5. Upon completion of treatment for MRSA medical staff will conduct follow up exams of the
inmate for the purpose of any detection of any reoccurrence of MRSA. Medical staff
should review proper hygiene practices with the inmate during the examination.

6. If any security concerns are detected during the examination they will be communicated
immediately to the Shift Supervisor and Medical Manager.

Wound Care

1. All inmates shall be advised of daily dressing changes to wound. Dressing removal will be
provided as needed.

2. Inmate and staff shall be made aware of the potential infection from wet or soiled
bandages. Ensure that all dressings are disposed per facility biohazard protocol.

Prevention of MRSA Transmission

A. Education

1. Provide education about MRSA transmission to the inmates. Tell them to refrain
from having other inmates pop boils or skin lesions, or share personal items
including bedding, clothing and toiletries.

2. Encourage improving personal hygiene, including hand washing and using soap.

3. Encourage inmates to seek medical care as soon as possible after they notice a
skin lesion.

METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)

B. Transfer Policies

1. Inmates may be placed on medical hold when deemed medically appropriate.

2. If an inmate who is infected with MRSA is to be transferred to a new facility, the


transferring facility’s medical staff shall provide a summary of the inmate’s medical
record and treatment plan to the new facility.

3. When an inmate is to be transported for any reason, the transporting officers shall
be advised of precautions to be taken during and after transport.

2
4. Once the transport is complete the transporting vehicle shall be cleaned with
1:10% bleach solution.

5. If an inmate has been diagnosed and treated for MRSA at anytime, this fact will be
noted on the Medical Transfer Form in all cases.

C. Staff Education and Protection

1. Use appropriate standard and contact precautions throughout the facility.

2. Provide education on the spread of MRSA to jail personnel. Stress that hand
washing is the key to prevention.

3. If personnel use gloves when working with inmates with MRSA infection then the
gloves must be changed and appropriately discarded after touching the inmate.

4. Hands shall be washed with soap and water or with an alcohol based hand wash
after discarding gloves.

D. Inmate’s Personal Hygiene

1. Increase inmate shower frequency to daily , if possible, especially in those cells


and dorms where there is an active case of MRSA.

2. Ensure availability of soap and encourage use.

E. Security Environment

1. The cell of an inmate with MRSA must receive a thorough cleaning with a
recommended cleaner (bleach or another EPA approved disinfectant). This
includes the sinks, bed rails, toilet and walls. Showers used by MRSA infected
inmates shall be cleaned after each use.

2. If the inmates are housed in a dorm, then the dorm should also be thoroughly
cleaned.

F. Inmate’s Laundry

1. Upon diagnosis with MRSA, the inmate(s) must receive a shower and a complete
change of linen. All clothing items in his/her or their possession including
uniforms, underwear, shoes, sheets,
towels and blankets shall be placed in a Bio Hazard bag and sent to the laundry.

METHICILLIN RESISTANT STAPHYLOCOCCUS AUREUS (MRSA)

2. After an inmate is diagnosed with MRSA, all cellmates shall receive a shower and
a complete change of clothes and linen. All clothing items to include uniforms,

3
underwear, sheets, towels and blankets must be forwarded to the laundry for
cleaning. This shall occur on the same day as the environmental cleaning. The
cellmate’s items do not need to be placed in a Bio Hazard bag. However, all
clothing and linen items of the inmate with a confirmed or suspected case of
MRSA must be placed in a Bio Hazard bag. Any containers used at the sites to
transfer Bio Hazard bags or laundry items shall be cleaned with a 1:10% bleach
solution before being used to transfer clean items to avoid contamination.

3. Ensure that the cleaning and drying of laundry is done in a sufficient manner, all
laundry shall be washed with 10 % bleach and must be thoroughly dried in a
mechanical dryer before being given back to the inmate.

4. Increase the frequency of uniform, underwear and linen (towels, sheets, blankets)
changes.

G. Food Service

1. Inmates should be served meals utilizing paper plates and plastic disposable
utensils.

2. The paper plates and utensils should be discarded in a trash receptacle utilizing gl

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives.

4
MARTINSVILLE General Procedure
SHERIFF'S OFFICE
SUBJECT: Local Inmate Data System NUMBER: GP-18
EFFECTIVE DATE: 1/30/01 REVISED DATE: 3/4/09

Policy:  Local Inmate Data System


It is the Policy of the Martinsville Sheriff’s Office to maintain accurate and current records on the
persons incarcerated at the Martinsville City Jail and Jail Annex.  This will be completed using the
IBR jail management system and the State Compensation Board LIDS system.

Purpose:
To establish procedures for the operation and management of the Compensation Board’s Local
Inmate Data System (LIDS) and to ensure the timely and accurate reporting of information to the
Compensation Board.

Responsibilities:
It is the responsibility of the Chief Deputy to ensure those personnel responsible for the daily
operation and management of the LIDS system comply with the procedures as set forth in this
policy and established by the Virginia Compensation Board.

Procedures:
The LIDS system performs two basic functions.  (1) It provides a standardized database of inmate
information and (2) It calculates monthly per diem payments.  Both functions require that adequate
internal controls are functioning to ensure the accuracy of data and of payments.

System Security:
Access to LIDS is reserved solely for persons approved by the Sheriff and the Compensation
Board.  These persons will be granted user ID’s and passwords to access LIDS utilizing their
program security features.  The password supplied to each individual is not to be provided to
others.  If it is discovered that individual password security was compromised, the Compensation
Board should be contacted so that a new logon-id can be assigned.

When an authorized user is transferred from the Records staff, retires, etc., the Compensation
Board should be notified, as soon as practical, so that the password can be reassigned or
suspended.

LIDS Technician:
The Compensation Board has approved a LIDS Technician position in each Sheriff’s Office to
ensure data integrity and accurate financial reporting with LIDS.  This program will provide for key
personnel responsible for LIDS submissions to be certified and knowledgeable of legislative

GP-18 1
changes, system changes, and policy changes that affect LIDS by attending LIDS training provided
by the Compensation Board.  The objective is to ensure that data submitted in LIDS is complete,
accurate, and timely, and provides a useful resource for statewide decision making as well as
accurate per diem payments to localities and regional authorities.  The person assigned to this
position is required to attend the mandatory LIDS training at least once every 24 months.

LIDS Technician Responsibilities:


The Martinsville City Jail is an on-line jail with the State Compensation Board.  The LIDS
Technician is responsible for ensuring the accuracy of data through performing various tests and
data comparison as described below.  Any discrepancies noted will be corrected prior to data being
approved by the Sheriff or his designee.  This approval is required to be done within 10 business
days following the end of each month.  All records submitted will be verified through the testing
procedures which compare the data in our Jail Management System (IBR) and LIDS.  This
includes but is not limited to:  commitments, releases, jail rosters, weekenders, financial
statements, and any other report developed for verification of LIDS data.

Accuracy Testing:
To ensure the integrity of the information reported to the Compensation Board through LIDS.  The
LIDS Technician will perform the following tests:

Weekly
A detail test of inmate source documentation authorizing detention and/or release recorded to LIDS
activity for the subject detention will be performed.  The test will agree all data per the detainees
booking and court documents to the related LIDS mandatory fields.

            Commit/Release Reports from IBR compare to Commit/Release noted in LIDS


            Inmate Roster from IBR compared to Jail Roster from LIDS.
Choose three records from building one, two and three at random and compare data in
LIDS to the data that is in the inmate record folder, (court orders, committals, releases,
duplicates, etc.)
Special attention will be given to the comparison of ordinance charges vs. state
misdemeanant and felony charges using the headcount sheet and random audits to verify
accuracy of charges.

Bimonthly
The LIDS Technician will prepare bi-monthly reconciliation reports (Attachment 1) and submit it to
the Chief Deputy prior to certification.  Information to be compared and reconciled is:

1. Beginning of month confined inmate count per LIDS


2. Total number of inmates confined during month per LIDS
3. Ending of month confined inmate count per LIDS
4. Local Jail Management System’s beginning inmate count, total confinements and ending
inmate count.
5. The differences between LIDS activity counts and the Local Jail System’s activity count.
6. The reasons that caused the differences between the two to occur.

GP-18 2
Note: 
Until the local jail management system is capable of running all reports (total commitments
and releases) the comparison and reconciliation will be done by checking the LIDS data
with the IBR information and the inmate headcount sheet at the beginning, middle and end
of each month.  Differences and corrections will be documented.

Records Storage
Inmate records are stored in the processing/intake/release area of the jail and are under the
supervision of jail staff or otherwise locked. Records beyond two years are stored in a locked
designated location of the Municipal building. The Classification Department is responsible for
maintaining accurate and current records for each inmate incarcerated at the Martinsville City Jail
or Jail Annex.  Each record must include but is not limited to the following:

1. Inmate data form.


2. Commitment form, court order, etc.
3. Records developed as a result of classification.
4. Work record and program involvement.
5. Continuance notices.
6. Release records and transport notices.

Record Keeping
As required by the Compensation Board, a file will be created each month containing the following
information:

1. Files tested throughout the month (commits, releases and jail roster comparisons)
2. Error reports and any corrections made.
3. Reconciliation reports
4. Copy of certified financial screen initialed by the Chief Deputy

GP-18 3
Expungements
Records may be expunged from the LIDS system upon order of the court.  When an offense is
expunged no one should be able to view the offense or who committed the offense.  In other
words, when an offense is expunged, it is as if the offense never existed.  The expungement option
is accessed through the LIDS main menu.  This action is to be done by the LIDS Technician. 
When this option is selected, the offense information is moved into a table within the LIDS system,
which cannot be viewed by anyone.  The record may be unexpunged following a court order for
unexpungement

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives.

GP-18 4
MARTINSVILLE General Procedure
SHERIFF'S OFFICE
SUBJECT: Temporarily disabled by NUMBER: GP-19
Occupational Injuries
EFFECTIVE DATE: REVISED DATE:

POLICY:

The Sheriff’s Office provides short-term restricted duty for employees who are
temporarily disabled by occupational injuries only as available. 

PURPOSE:
Our purposes are to facilitate recovery, prevent deterioration of work skills, demonstrate
concern, minimize loss of human resources and reduce costs. 

PROCEDURE:
The Sheriff’s Office will not allow an employee to return to work that has been under a
physician’s care without proper release from the treating physician. In cases where the
physician has released for light duty with restrictions, some type of work may be found to
meet the injured employee’s capabilities.

Should an employee encounter a situation, which is not within their capabilities; the
employee is NOT to attempt to handle this situation without assistance.  Instead
notification shall be made to the supervisor for the assistance or seek assistance from
other personnel.   If the employee is unable to find someone to assist them, they are not
attempt to handle the situation alone. 

____________________________
SHERIFF, S.M. DRAPER

This policy supersedes all previous administrative directives.

GP- 1
MARTINSVILLE GENERAL PROCEDURE
SHERIFF'S OFFICE
SUBJECT: On Line In-Service NUMBER: GP-20
EFFECTIVE DATE: 02/13/13 REVISED DATE:
REFERRENCE: RR 2-17

PROCEDURE:

On Line In-Service

Deputies that have been enrolled for in-service training on line generally have a little over 60 days
to complete the training. You should not wait until the approaching deadline to begin, make all
efforts to complete this training when time is available during your normal work schedule.

Notify your supervisor that you are enrolled and work together to find time to complete this during
your normal hours when possible. There are many computers within the department with the
necessary software.

If it becomes necessary for you to work on this outside of normal hours, prior approval from your
supervisor is required. In addition the following is required:

1. Note on the training notice which session you worked on outside of normal hours (at home
or if you came to the office)

a. Indicate the date or dates that you worked on that session


b. Attach this to your time sheet or give to your supervisor so they can attach
c. Supervisors should verify that the information is included with the time sheet

__________________________________
SHERIFF, S.M. DRAPER
GENERAL PROCEDURE

GP-20
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Funeral Processions NUMBER: GP-21
EFFECTIVE DATE: 01-01-2016 REVISED DATE:
REVISED:

POLICY:

It shall be the policy of the Sheriff’s Office to promote good community relations by
assisting with traffic direction during funeral processions.

PURPOSE:

The purpose of this policy is to establish procedures when handling funeral


processions.

PROCEDURES:

l. Responsibilities of the Communications Center (911 Center)

A. It shall be the responsibility of the Communications Center to obtain as


much information as possible about the route of the funeral and at what
tome it is expected to leave in-route to the grave site.

B. When a request is received by the Communications Center, all


information shall be relayed to the Martinsville Jail Control Room.

2. Responsibilities of the Jail Control Room:

A. When the Control Room receives the request from the Communications
Center, he/she will relay the information to the on-duty supervisor.

B. The supervisor will notify the appropriate officer to arrange the


assignment.

(l) On weekends or holidays the assignment will be passed on to the


Police Department Shift Supervisor.
3. Responsibilities of the Deputy:

A. It shall be the responsibility of the deputy assigned, when possible, to


be at the location of the funeral service at least five (5) minutes before
the procession is scheduled to leave.

B. Upon arriving at the location, if the officer is unclear about the direction
the procession will take, it is his/her responsibility to inquire with the
funeral home staff.

C. If it becomes necessary to leave the location before the service is over,


the officer, before he leave, should make an effort to advise someone
from the funeral home staff to five 911 a call as soon as they think the
funeral is about to conclude. He/She should also advise the staff that
every effort will be made to return, but circumstances may prohibit this.

D. Deputies working at intersections and/or at the entrance of the burial


site shall exit their vehicle, stop all traffic and stand at parade rest with
their right hand over their heart. (Motor officers shall stand next to
their motor and provide a salute) Officer(s) will hold hand over
heart/salute until the last vehicle in the procession has passed.

E. If circumstance prevents the deputy from working the funeral, the


control room should be advised as soon as possible.

4. Responsibility of Administration:

A. Contact all funeral homes in the city and provide them with the
statement of our policy.
B. Make contact with any funeral home when continuous problems arise.

______________________________
SHERIFF, S. M. DRAPER

General Procedure

2
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Safe Exchange Zones NUMBER: GP-22
EFFECTIVE DATE: 05/01/16 REVISED DATE:

The Martinsville and Sheriff’s Office and the Martinsville Police Department joined
together to establish The Safe Exchange Zone Program. This program is intended to
create a safe environment for the transfer of goods and money for the seller and buyer
involved an in an internet based, in-person sale.

Recent national incidents have indicated that in-person sales, transactions and
exchanges originating from online marketplaces such as Craigslist have experienced an
increase in violence, fraud and theft by deception. In an effort to promote safer
transactions between strangers, we are encouraging residents to use their local Law
Enforcement parking lots and lobbies as a meeting place for in-person transactions to
occur.

Therefore, effectively immediately:

1. The parking lot of the Sheriff’s Office, has a designated marked area for these
exchanges located across from the Sheriff’s Office and behind the City municipal
Building at 55 West Church Street and is open and available to the public as a
“Safe Exchange Zone” for conducting in-person transactions that have been
facilitated through online marketplaces.

2. The Sheriff’s Office lobby shall be open and available to the public as a “Safe
Exchange Zone” from 8:30 a.m. to 4:30 p.m., Monday through Friday (holidays
excluded), for conducting in-person transactions that have been facilitated
through online marketplaces.

3. The Sheriff’s Office makes no guarantees, assurances, or promises as to the


safety or security of any in-person transactions that may take place on City
property.

4. It is not the intent of the Sheriff’s Office to provide Deputy personnel or staff to
witness any transaction in person, but the video surveillance by and proximity to
Sheriff Personnel is meant to increase the public’s peace of mind when engaging
in such transactions with unfamiliar individuals.

GP-22
5. It is recognized that Sheriff Personnel are not trained nor authorized to validate
the legitimacy of any transaction, item for sale, the integrity of any product or
goods, or legality of a sale.

6. The Martinsville Sheriff’s Office encourages all residents to engage in such


transactions during daylight hours; to bring a cell phone along in case of
emergency; to notify friends or family of the intention to meet to conduct such a
transaction; to never invite strangers to the home or agree to meet at a stranger’s
home; and to reconsider any transaction with someone who refuses to meet at a
Law Enforcement Agency.

______________________________
SHERIFF, S. M. DRAPER

General Procedure

GP-22 2
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: Inmate Fee for Housing NUMBER: GP-23
EFFECTIVE DATE: 07/01/17 REVISED DATE: 08/15/17, 06/19/18

PURPOSE:

The Martinsville Sheriff’s Office has elected to establish a program to charge a fee for
inmate keep. This fee shall be up to, but shall not exceed the fee stated in the Board of
Corrections Model Plan (6VAC15-40-831) for payment of costs associated with inmate
keep per 53.1-131.3 of the Code of Virginia. Written policy, procedure, and practice
shall include, at a minimum, the following:

PROCEDURE:

 The Martinsville City Jail charges each inmate a $2.00 a day fee for inmate room
and board.
 The room and board fee is automatically applied to an inmate’s account starting
at 12:01 a.m. (0001) each day.
 Inmate trustees pay will increase from $3.00 a day to $4.00 a day. The trustees
$2.00 a day fee will automatically be applied to their account reflecting the room
and board fee as described above.
 All inmates are aware of this new fee. The Martinsville City Jail handbook will
disclose this information to the inmate along with this new room and board fee
will be posted upon entering into the jail.
 All inmates can write Classification/Inmate Accounts to request a copy of their
account transactions.
 A full refund is available for the room and board fee only, should the inmate be
found NOT GUILTY on ALL charges. Any inmate receiving deferred
adjudication by the court or whose charges are dismissed / nolle prosequi as the
result of successfully fulfilling other court mandates shall NOT be eligible for a
refund.
 The fee for room and board will not be automatically refunded to the inmate
unless requested by the inmate in writing.
 Any inmate eligible for a refund must submit a request in writing prior to their
release from jail and/or within (30) days after their release date from jail. No
refunds will be given once the 30 days has expired after the inmates initial
release date.

GP-23 1
 The appropriate refund forms are available upon request and shall be filled out
by the requesting inmate. This will be the full responsibility of the inmate to
pursue the room and board fee refund owed upon release from our facility.
 The inmate room and board fee can be waived by the sheriff or the jail
administration in certain case to case basis.

____________________________
SHERIFF, S. M. DRAPER
General Procedure

GP-23 2
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: MEDICAL SCREENINGS NUMBER: GP-24
EFFECTIVE DATE: 10/24/17 REVISED DATE:

PURPOSE:

This Brief Jail Mental Health Screening (BJMHS) was developed by Policy Research Associates, Inc., with
a grant from the National Institute of Justice. The BJMHS is an efficient mental health screening that will
aid in the early identification of severe mental illnesses and other acute psychiatric problems during the
intake process.

PROCEDURE:

The Martinsville Sheriff’s Office is dedicated to serve and assist all mentally challenged detainees who are
confined within the Martinsville city jail whether awaiting bond and/or are serving a jail/DOC sentence. Our
facility is required by DOC, with limited time restraints, to filter out possible mental health subjects by asking
brief mental health screening questions (BJMHS) during the initial intake phase of entering our facility.
These mental health screening questions are intended to help identify those detainees who suffer from
mental health problems or help those detainees who may not know they suffer from any mental health
problems find the necessary help needed to function as an incarcerated individual.

PROCESS:

The Martinsville city jail is required upon a detainee entering our facility whether awaiting bond or as an
incarcerated inmate to ask an assigned set of questions approved and authorized by DOC standards to
help our staff identify certain mental health markers. This screen should be administered by correctional
officers during the jail’s intake/booking process. Staff will be required to, or attempt to, regarding detainee
cooperation, to ask these questions provided by DOC on a screening questionnaire (BJMHS) with
directions on the reverse side. These questionnaire forms are available to all staff to use during initial intake
in which certain questions are asked to help identify mental health related issues. All detainees whose
criteria fit a mental health issue per the questionnaire will be referred to Piedmont Community Services
(PCS) for further mental health evaluation.

______________________________
SHERIFF, S. M. DRAPER

General Procedure

GP-24
GP-24 2
GP-24 3
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: EDOVO TABLETS FOR INMATES NUMBER: GP-25
EFFECTIVE DATE: 7/1/17, 10/10/18 REVISED DATE:

PURPOSE:

This policy is to establish guidelines regarding the use of the Edovo tablets by inmates at the Martinsville
City Jail. This policy will be accessible to all personnel overseeing or supervising inmates accessing/using
Edovo tablets while incarcerated at the Martinsville City Jail. The Edovo tablet is designed/distributed by
the Paytel inmate phone service and promotes an educational program specifically for the correctional
environment. The Edovo tablet is in general an iPad device secured inside a secured/tamper proof covering
made to withstand most rough handling or tumbles.

PROCEDURE:

All Edovo tablets are secured/stored in a wall mounted security cabinet which also is used for charging
each tablet housed inside. All tablets will be kept in the Tablet charging station when not in use and/or while
charging.

General Guidelines:

 Tablets will be made available to inmates in specified housing units. If inmates do not successfully
pass inspection, they will forfeit their tablet access for the day.

 Set times will be posted for each pod/cell due to availability and may change at any time per
administration.
 All tablets will be kept in the Tablet Charging Station when not in use and/or while charging. The
officer will verify the tablet number and have the inmate sign his/her name by the corresponding
tablet number. The inmate will be responsible for that particular tablet until it is turned back in to
the monitoring officer.

 The tablets are being loaned to users while in the housing unit and must be returned promptly
when requested by staff. The tablets do not leave the unit with inmates for any reason.

 When fully charged the tablet will operate for up to (7) seven hours.

GP-25
 Each inmate must return the same tablet that they checked out.

 Earbuds can be used when operating the tablets and not all functions on the tablet require earbud
usage. Each inmate will be responsible for purchasing a set of earbuds from canteen and will be
responsible on keeping up with their earbuds throughout his/her incarceration. Inmates will not be
allowed to have no more than one functioning set of earbuds in their possession and/or property at
any given time.

 The Officer will do a visual check for any visible damage. If the tablet is damaged, notify
supervision immediately so administration can be made aware in a timely manner.

 Officer(s) please verify that all tablets have been turned in, secured in the cabinet for charging, and
make sure to sign acknowledgement of such action in the log book.

 Anytime a tablet has to be removed from the housing unit for any reason (repair, maintenance etc.)
it will be documented in the log book and on the sign out/in sheet by the corresponding tablet
number.

Destruction / Inappropriate Use:

 Any inmate that intentionally damages or uses the tablet in an unauthorized manner will be banned
from future use and responsible for any damages incurred.

 Any inmate that damages or destroys a tablet will be subject to paying the cost of the damages or
replacement cost of the tablet. Any inmate in violation will also face disciplinary action according to
the Inmate Handbook. An inmate’s account will be charged for any damage or replacement cost for
such tablet involved.

 An incident report will be filed by the monitoring officer and/or investigating officer if such damage
occurs to any Edovo tablet or supporting equipment.

 The Jail Administrator and/or Assistant Jail Administrator will be advised of any repairs needed or
tablet replacements needed as soon as possible.

______________________________
SHERIFF, S. M. DRAPER
General Procedure

GP-25 2
GENERAL PROCEDURE
MARTINSVILLE
SHERIFF'S OFFICE
SUBJECT: INMATE MAIL NUMBER: GP-26
EFFECTIVE DATE: 9/21/21 REVISED DATE: 11/7/22

PURPOSE:

This policy is to establish guidelines regarding the utilizing a mail scanning service for all non-legal inmate
mail. Approved, non-legal mail can be accessed by the inmate via the inmate tablets.

PROCEDURE:

All non-legal inmate mail must be sent to the following address:

Sender Name
Sender Street Address
Sender City, ST 00000

Martinsville City Jail


Inmate Name, Inmate ID number, Facility ID
PO Box 18247
Greensboro, NC 27419

The envelope must have a complete, legible return address including the sender’s first and last name or
the mail will NOT be scanned. Please print all information clearly.

*The facility ID for the Martinsville City Jail is 5237.

MAIL REQUIREMENTS AND RESTRICTIONS:


 Mail arriving with postage due will be refused and returned to sender if possible.

 Mail must be 10 pages or less per envelope.

GP-26
 Page size must be no larger than 8.5” x 11”.

 Mail can include written or typed pages, photos, drawings or greeting cards. (NO polaroid
photos.)

 NO glitter, glue, tape, 3D elements, or electronic components (lights, music, animation).

 NO items containing, depicting, or relating to sexually explicit activity, gang activity, illegal
activity, violence, drug, or alcohol use, etc.

 NO photos of nude or partially-clothed persons.

 NO illegal substances or any other items considered to be contraband.

 NO magazines, books, or packages mailed to mail processing center.

 NO cash, personal checks, or money orders mailed to the mail processing center.

 NO originals of important documents such as Birth Certificates, Driver’s Licenses, Social Security
Cards, Green Cards, etc., as they will not be returned.

 NO original photos or other irreplaceable or valuable items, as they will not be returned.

 Do not mail legal/privileged mail to the mail processing center. See instructions below for
Legal/Privileged Mail.

Mail meeting these requirements will be scanned within 24 hours of receipt and the physical mail will be
destroyed. Scanned mail will be reviewed by facility staff in a timely manner. Approved scanned mail
will be saved and can be accessed by the inmate via the inmate tablets.

All scanned mail containing materials considered illegal or breaches of security will be turned over to the
proper authorities for investigation. Any threats of criminal activity will not be permitted in any
correspondence and may result in criminal charges.

Newspapers / magazine subscriptions that are on the approved list can be sent directly from the
publisher. Subscriptions must be mailed directly to the jail.

LEGAL MAIL / PRIVILEGED MAIL:


Legal mail must be mailed directly to the facility. Legal mail must be marked on the envelope as “Legal
Mail” and will be opened by the inmate in the presence of facility staff.

Address legal mail as follows:

Martinsville City Jail


Inmate Name, Inmate ID number
P.O. Box 1326
Martinsville, VA. 24114

GP-26 2
SCANNED MAIL AFTER RELEASE:
After release, an inmate can request digital copies of his or her scanned mail. Submit the request to,
and must include the following:

 Inmate’s Full Name

 Facility Name: Martinsville City Jail

 Inmate ID Number

 Email Address

Once the information is verified, an email with the postal scans attached will be sent to the email
address provided.

Mail can only be requested by the released inmate and ONLY after release from the facility.

INMATE PHONE CALLS AND MESSAGING:


The fastest way to communicate with an inmate is by phone or messaging. The inmate communications
provider for the Martinsville City Jail is Pay Tel Communications. To set up an account with Pay Tel, visit
www.paytel.com or call 1-800-PAY-TELL.

______________________________
SHERIFF, S. M. DRAPER
General Procedure

GP-26 3

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