West Virginia Code § 62-12-6

Powers and duties of probation officers
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(a) Each probation officer shall:
(1) Investigate all cases which the court refers to the officer for investigation and shall
report in writing on each case;
(2) Conduct a standardized risk and needs assessment, using the instrument adopted by the
Supreme Court of Appeals of West Virginia, for any probationer for whom an assessment has
not been conducted either prior to placement on probation or by a specialized assessment
officer. The results of all standardized risk and needs assessmenuts are confidential;
(3) Supervise the probationer and enforce probation according to assessment and
supervision standards adopted by the Supreme Court of Appeals of West Virginia;
(4) Furnish to each person released on probation under the officer's supervision a written
statement of the probationer's conditions of probatlion together with a copy of the rules
prescribed by the Supreme Court of Appeals;
(5) Stay informed concerning the conduct and condition of each probationer under the
officer's supervision and report on the conduct and condition of each probationer in writing
as often as the court requires;
(6) Use all practicable and suitable methods to aid and encourage the probationer to
improve his or her conduct and condition;
(7) Perform random drug and alcohol testing on probationers under his or her supervision as
directed by the circu it court;
(8) Maintain detailed work records; and
(9) WPerform any other duties the court requires.
(b) The probation officer may, with or without an order or warrant, arrest any probationer as
provided in section 10 of this article, and arrest any person on supervised release when
there is reasonable cause to believe that the person on supervised release has violated a
condition of release. A person on supervised release who is arrested shall be brought before
the court for a prompt and summary hearing.
(c) Notwithstanding any provision of this code to the contrary:
(1) Any probation officer appointed on or after July 1, 2002, may carry handguns in the
course of the officer's official duties after meeting specialized qualifications established by
the Governor's Committee on Crime, Delinquency and Correction. The qualifications shall
include the successful completion of handgun training, which is comparable to the handgun
training provided to law-enforcement officers by the State Police and includes a minimum of
four hours' training in handgun safety.
(2) Probation officers may only carry handguns in the course of their official duties after
meeting the specialized qualifications set forth in subdivision (1) of this subsection.
(d) The Supreme Court of Appeals of West Virginia may adopt a standardized risk and needs
assessment with risk cut-off scores for use by probation officers, taking into consideration
the assessment instrument adopted by the Division of Corrections and Rehabilitation under
subsection (h), section 13 of this article and the responsibility of the Division of Justice and
Community Services to evaluate the use of the standardized risk and needs assessment. The
results of any standardized risk and needs assessment are confiduential.

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