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2002 SESSION

026479412
SENATE BILL NO. 171
Offered January 9, 2002
Prefiled January 8, 2002
A BILL to amend and reenact § 15.2-1609.2 of the Code of Virginia, relating to an increase in the Compensation Board allowance for deputy sheriff services when an additional judge is appointed to any general district or circuit court.
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Patrons-- Colgan; Delegate: Parrish
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Referred to Committee on Local Government
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Be it enacted by the General Assembly of Virginia:

1. That § 15.2-1609.2 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-1609.2. Sheriffs' salaries; salaries of certain full-time deputies; maximum limits.

A. The sheriffs of the counties and the cities of the Commonwealth and their full-time deputies shall be paid salaries for their services and allowances for the necessary expenses incurred in the performance of their duties, to be determined as hereinafter provided.

B. The annual salaries of the sheriffs of the counties and cities of the Commonwealth shall be as prescribed in the general appropriation act, except as otherwise provided in subsection C.

C. Any sheriff whose salary in the year ending June 30, 1980, included an increase under deleted provisions of former § 14.1-74 shall receive the same amount of such increase for the terms in which he continues in office.

D. The annual salary of each full-time deputy sheriff who is primarily a courtroom security officer, a correctional officer or a law-enforcement officer shall be determined by the sheriff in whose service he is employed and shall be reported to the Compensation Board by the sheriff at the time he files his report for the allowance of the expenses of his office as provided in § 15.2-1636.7 and at any time thereafter when the sheriff effects a change in the salary or employs a new such deputy sheriff. Such salaries as determined by the respective sheriff shall conform to the requirements set forth in subsection E and shall not in the aggregate exceed the aggregate allowance by the Compensation Board for personal services to the respective sheriffs for such deputy sheriffs, provided that, notwithstanding any other law, the Compensation Board shall increase such allowance for personal services for deputy sheriffs to a respective sheriff concurrently with the appointment of an additional judge to the general district or circuit court served by such sheriff. Such increase in the allowance for personal services to such sheriff for deputy sheriffs shall reflect a fair and reasonable compensation for an additional full-time deputy sheriff as determined by the Compensation Board, with such compensation being prorated for the remainder of the fiscal year. In addition, the aggregate allowance for personal services to such sheriff for deputy sheriffs in subsequent fiscal years, as determined by the Compensation Board, shall provide for the compensation of such additional full-time deputy sheriff.

However, notwithstanding any contrary provisions of this section and of § 15.2-1636.8, the salary of any full-time deputy sheriff who, in addition to having primary duties related to courtroom security, corrections or law enforcement, also supervises other deputy sheriffs, or who is designated an investigator by the sheriff in whose services he is employed, shall be fixed and determined by the Compensation Board. Nothing in this section shall prohibit the Compensation Board from setting salary levels of civil process officers in localities having a population of more than one hundred thousand at a level equal to salary levels of deputy sheriffs who are primarily courtroom security, correctional, or law-enforcement officers.

E. The salary range of any full-time deputy sheriff who is primarily a courtroom security officer, a correctional officer or a law-enforcement officer and, if employed on or after July 1, 1974, also has a high school education or the equivalent thereof, shall be no less than that of a correctional officer within the classification and pay system for state employees and shall be administered in accordance with regulations for that system administered by the Department of Human Resource Management. The Governor shall provide the Compensation Board the salary range and regulations within that system as of July 1, 1980, and as of any subsequent date on which changes in the salary ranges and regulations may be adopted.

F. The salary of any deputy sheriff shall not exceed ninety percent of the salary of the sheriff by whom he is employed.