2006 Code of Virginia § 9.1-165 - Definitions

9.1-165. Definitions.

As used in this article, unless the context requires a different meaning:

"Adjusted crime index" means the potential crime rate for a localitymultiplied by the base year population of the locality as estimated by theCenter for Public Service.

"Average crime rate" for a city or eligible county means the annual averagenumber of violent and property index crimes per 100,000 persons, as reportedby the Superintendent of State Police, for the base year and the fiscal yearimmediately preceding, and the fiscal year immediately following, the baseyear. If the data are not available for the fiscal year immediately followingthe base year, the average shall be based on the base year and the twoimmediately preceding fiscal years.

"Base year" means the most recent fiscal year for which comparable data areavailable for: (i) population estimates by the Center for Public Service orthe United States Bureau of the Census, adjusted for annexation as determinedby the Department, (ii) actual state expenditures for salaries and expensesof sheriffs as reported by the Compensation Board, (iii) number of personseligible for Temporary Assistance to Needy Families as defined in 63.2-100,(iv) number of persons in foster care, as defined in 63.2-100, and (v) thenumber of persons receiving maintenance payments in a general relief programas defined in 63.2-100.

"Distribution formula" means that linear equation derived biennially by theDepartment, using standard statistical procedures, which best predictsaverage crime rates in all cities and eligible counties in the Commonwealthon the basis of the following factors in their simplest form:

1. The total base year number of (i) persons enrolled in Temporary Assistanceto Needy Families, (ii) persons in foster care, and (iii) persons receivingmaintenance payments in a general relief program, per 100,000 base yearpopulation; and

2. The local population density, based on the base year population estimatesof the Center for Public Service, adjusted for annexation as determined bythe Department, and the land area in square miles of the city or eligiblecounty as reported by the United States Census Bureau, adjusted forannexation as determined by the Department.

"Eligible county" means any county which operates a police department.

"Police department" means that organization established by ordinance by alocal governing body that is responsible for the prevention and detection ofcrime, the apprehension of criminals, the safeguard of life and property, thepreservation of peace and the enforcement of state and local laws,regulations, and ordinances. Such department shall have a chief of police,which in the case of counties may be the sheriff, and such officers,privates, and other personnel as may be provided for in the ordinance, onesworn member of which shall be a full-time employee. All law-enforcementofficers serving as members of such police department, whether full-time orpart-time, and whether permanently or temporarily employed, shall meet theminimum training standards established pursuant to 9.1-102 and 9.1-114,unless such personnel are exempt from the minimum training standards asprovided in 9.1-113 and 9.1-116. Any police department establishedsubsequent to July 1, 1981, shall also have, at a minimum, one officer onduty at all times for the purposes set forth above.

However, notwithstanding any contrary provision of this definition,

1. Any locality receiving funds under this article during the 1980-82biennium shall be considered to have a valid police department eligible forfunds as long as such police department continues in operation;

2. Any town receiving funds under this article during the 1986-1988 bienniumshall be considered to have a valid police department eligible for funds eventhough police services for such town may thereafter be provided by thesheriff of the county in which the town is located by agreement made pursuantto 15.2-1726. Eligibility for funds under this subdivision shall last aslong as such agreement remains in effect. Police services for the townfurnished by the sheriff shall be equal to or greater than the policeservices last furnished by the town's police department.

"Population served by police departments" means the total base yearpopulation of the Commonwealth less the population served by sheriffs only.

"Population served by sheriffs only" means the total base year populationof those counties without a police department, less the latest availableestimate from the United States Bureau of the Census of the total populationof towns, or portions of towns, having police departments, located in suchcounties.

"Potential crime rate" means the number of crimes per 100,000 persons inthe base year population for each city or eligible county, as derived fromthe distribution formula.

"State aid to localities with police" means that amount which bears thesame relationship to the population served by police departments as state aidto sheriff-only localities bears to the population served by sheriffs only.

"State aid to sheriff-only localities" means the estimated total amount forsalaries and expenses to be paid by the Commonwealth, pursuant to Article 3( 15.2-1609 et seq.) of Chapter 16 of Title 15.2, to sheriffs' offices inthose counties without a police department, based on the actual percentage oftotal state expenditures in the base year distributed to those countieswithout police departments.

(1979, c. 83, 14.1-84.2; 1981, c. 485; 1982, c. 600; 1984, c. 779; 1985, c.140; 1989, cc. 84, 292; 1998, c. 872, 9-183.14; 2001, c. 844.)