Authority: Title 14.1 15.2, Chapter 1 16, Articles 7 3 and 9 6.1, and §§ 53.1-83.1 and 53.1-85, Code of Virginia.

A. The annual salaries of the sheriffs of the several counties and cities of the Commonwealth shall be as hereinafter prescribed, according to the population of the city or county served and whether the sheriff is charged with civil processing and courtroom security responsibilities only, or the added responsibilities of law enforcement or operation of a jail, or both. Execution of arrest warrants shall not, in and of itself, constitute law enforcement responsibilities for the purpose of determining the salary for which a sheriff is eligible.

Law Enforcement and Jail Responsibility

Law Enforcement or Jail

No Law Enforcement or Jail Responsibility

B. Out of the amounts for Financial Assistance to Local Law Enforcement Officials, no expenditures shall be made to provide security devices such as magnetometers in standard use in major metropolitan airports. Personnel expenditures for operation of such equipment incidental to the duties of courtroom and courthouse security deputies may be authorized, provided that no additional expenditures for personnel shall be approved for the principal purpose of operating these devices.

C. Notwithstanding the provisions of § 53.1-120, or any other section of the Code of Virginia, unless a judge provides the sheriff with a written order stating that a substantial security risk exists in a particular case, no courtroom security deputies may be ordered for civil cases, not more than one deputy may be ordered for criminal cases in a district court, and not more than two deputies may be ordered for criminal cases in a circuit court. In complying with such orders for additional security, the sheriff may consider other deputies present in the courtroom as part of his security force.

D. Out of the amounts for Financial Assistance to Local Law Enforcement Officials $8,390,141 $5,179,046 the first year and $18,219,120 $19,642,355 the second year from the general fund shall be held in reserve to provide staff required by the construction of additional jail beds. The Director of the Department of Planning and Budget shall allot these funds at the request of the Compensation Board only if the contracted completion date for the new beds is within the 1998-00 biennium and only for the purpose prescribed herein. Should the scheduled opening date of any facility be delayed for which funds are available in this item, the Director of the Department of Planning and Budget shall allot such funds as the Compensation Board may request to allow the employment of staff for training purposes not more than 45 days prior to the rescheduled opening date for the facility.

E. Consistent with the provisions of paragraph B of Item 70, the Board shall allocate the additional jail deputies provided in this appropriation using a ratio of one jail deputy for every 3.0 beds of operational capacity. Operational capacity shall be determined by the Department of Corrections. No additional deputy sheriffs shall be provided from this appropriation to a local jail in which the present staffing exceeds this ratio unless the jail is overcrowded. Overcrowding for these purposes shall be defined as when the average annual daily population exceeds the operational capacity. In those jails experiencing overcrowding, the Board may allocate one additional jail deputy for every five average annual daily prisoners above operational capacity. Should overcrowding be reduced or eliminated in any jail, the Compensation Board shall reallocate positions previously assigned due to overcrowding in accordance with the Board's staffing standards for alternatives to incarceration programs or court services within the sheriff's office or among other jails in the Commonwealth.

F. Two-thirds of the salaries set by the Compensation Board of medical, treatment and inmate classification positions approved by the Compensation Board for local correctional facilities shall be paid out of this appropriation.

G. The Compensation Board shall allocate positions for alternative incarceration programs approved pursuant to Item 77, paragraph E 2 of this act, at a ratio of one position for every 16 inmates in such programs.

H.1. The Compensation Board shall provide for a Master Deputy pay grade to those sheriffs' offices which had certified, on or before January 1, 1997, having a career development plan for deputy sheriffs that meets the minimum criteria set forth by the Compensation Board for such plans. The Compensation Board shall allow for additional grade 8 9 positions, at a level not to exceed one grade 8 9 master deputy per every five Compensation Board grade 7 8 deputy positions in each sheriff's office.

2. Each sheriff who desires to participate in the Master Deputy Program who had not certified a career development plan on or before January 1, 1997, may elect to participate by certifying to the Compensation Board that the career development plan in effect in his office meets the minimum criteria for such plans as set by the Compensation Board. Such election shall be made by July 1 for an effective date of participation the following July 1.

3. Funding shall be provided by the Compensation Board for participation in the Master Deputy Program to sheriffs' offices electing participation after January 1, 1997, according to the date of receipt by the Compensation Board of the election by the sheriff, subject to appropriations by the General Assembly.

I. There is hereby reappropriated the unexpended balance in this program on June 30, 1998, and June 30, 1999.

J. Included in this appropriation is $20,113,465 in the second year from the general fund for job class regrades for sheriffs' deputies.