Virginia Code

Va. Code Ann. § 16.1-238 (2026)

Compensation of probation officers, court service staff members and related court service personnel; reimbursement; traveling and other expenses

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The compensation of probation officers and other court service staff members appointed in accordance with subsection B of § 16.1-235 shall be fixed by the governing body of the city or county in which they serve. They shall be paid out of the county or city treasury. One-half of such compensation shall be reimbursed to any city or county from funds appropriated to the Department. Any funds from the Department of Criminal Justice Services or from other public fund sources outside of the provisions of this law which are used in compensating such personnel shall not be considered state funds.

Compensation of all other probation officers and related court service personnel appointed in accordance with subsection A of § 16.1-235 shall be fixed in accordance with Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2. Personnel transferred from local and regional court staffs shall suffer no reduction in pay and shall transfer into the state program all accrued leave and other benefits allowable under Chapter 29 of Title 2.2. Probation officers and related court service personnel appointed in accordance with subsection A of § 16.1-235 shall be paid necessary traveling and other expenses incurred in the discharge of their duties.

The salary and expenses provided for personnel appointed in accordance with subsection A of § 16.1-235 shall be paid by the Commonwealth, and no part shall be paid by or chargeable to any county or city. The governing body of any county or city, however, may add to the compensation of such personnel such an amount as the governing body may appropriate not to exceed 50 percent of the amount paid by the Commonwealth. No such additional amount paid by a local governing body shall be chargeable to the Department of Juvenile Justice nor shall it remove or supersede any authority, control or supervision of the Department.

Code 1950, § 16.1-206; 1956, c. 555; 1972, c. 708; 1973, c. 546; 1974, cc. 44, 45; 1977, c. 559; 1982, c. 636; 1983, c. 358; 1989, c. 733; 2012, cc. 164, 456.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1995–2022 · leading case: Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995).
Tross v. Commonwealth, 464 S.E.2d 523 (Va. Ct. App. 1995). · cites it 2× “Code § 16.1-238. Local court service unit probation officers and personnel are paid by the county or city, although any county or city complying with minimum standards set by the State Board may seek reimbursement from the Department for up to one-half of the compensation paid.”
Tammy Lynn Graham v. Bedford Cnty. Dep't of Soc. Servs., No. 0559213 (Va. Ct. App. Feb. 1, 2022). · cites it 2× “It entered an order terminating Graham’s and Caldwell’s parental rights pursuant to Code § 16.1-238(C)(2). Graham and Caldwell appealed to the circuit court.”
Va. Code Ann. § 16.1-238(C)(2): 1 case
Tammy Lynn Graham v. Bedford Cnty. Dep't of Soc. Servs., No. 0559213 (Va. Ct. App. Feb. 1, 2022). “It entered an order terminating Graham’s and Caldwell’s parental rights pursuant to Code § 16.1-238(C)(2). Graham and Caldwell appealed to the circuit court.”
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