Title of Regulation: 6VAC20-180. Crime Prevention Specialists (amending 6VAC20-180-10, 6VAC20-180-20, 6VAC20-180-30).

Statutory Authority: §§ 9.1-102 and 9.1-161 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 10, 2017.

Effective Date: February 27, 2017.

Agency Contact: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410, or email barbara.peterson-wilson@dcjs.virginia.gov.

Basis: Section 9.1-161 of the Code of Virginia provides that the Criminal Justice Services Board shall adopt regulations establishing minimum standards for certification of crime prevention specialists. Such regulations shall require that the chief law-enforcement officer of the locality or the campus police departments of institutions of higher education established by Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 of the Code of Virginia wherein the person serves shall approve the certification before a candidate for certification may serve as a crime prevention specialist.

Purpose: The regulation is being amended for the purpose and goal of correcting regulatory citations, providing clarifying language, and removing redundant language. This regulation is essential to protect the health, safety, and welfare of citizens. The regulation sets forth the process for becoming a certified crime prevention specialist. Certified crime prevention specialists work with law enforcement, businesses, and citizens in their communities to provide security assessments, training on topics such as personal safety, crime prevention for seniors, school safety and security, and establish Neighborhood Watch programs. The work of crime prevention specialists reduces crimes within communities, which protects the health, safety, and welfare of citizens.

Rationale for Using Fast-Track Rulemaking Process: The Department of Criminal Justice Services and the Criminal Justice Services Board anticipate the proposed amendments to be noncontroversial and appropriate for a fast-track rulemaking action because the amendments do not change the current requirements to become a certified crime prevention specialist.

Substance: The amendments clarify the following: (i) employees of private colleges and universities are eligible to be trained and certified as a crime prevention specialist and (ii) agency heads may delegate the authority to designate employees to be trained and certified as crime prevention specialist. The amendments remove an incorrect citation, 6VAC20-80-10, referencing the definition section of Rules Relating to Certification of Criminal Justice Instructors and replace it with 6VAC20-80-20, which identifies the requirements for general instructor certification. The amendments also change a citation to Title 23 of the Code of Virginia to the correct citation in Title 23.1 of the Code of Virginia.

Issues: The advantages to the public and the Commonwealth include the ability to reference the correct citations in the Virginia Administrative Code and Code of Virginia, clarification of confusing language, and the removal of redundant language where appropriate. There are no disadvantages to the public or the Commonwealth.

Small Business Impact Review Report of Findings:  This regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Criminal Justice Services Board (Board) proposes to amend its regulation for the crime prevention specialists to update out of date references to regulation and to the Code of Virginia (COV). The Board also proposes to remove a listing of who is eligible to be a trained as a crime prevention specialist because the list does not include all eligible groups.

Result of Analysis. Benefits outweigh costs for all proposed changes.

Estimated Economic Impact. This regulation sets forth the process to become a certified crime prevention specialist. Board staff reports that "Certified crime prevention specialists work with law enforcement, businesses and citizens in their communities to: provide security assessments and training on topics such as personal safety, crime prevention for seniors and school safety and security" Crime prevention specialists also work in communities to help establish Neighborhood Watch programs.

The Board proposes several changes to this regulation that do not change current rules or practice. Specifically, the Board proposes to update references to the COV and to regulation where referenced standards have been moved since this regulation was last updated. The Board also proposes to remove language that contains a list of who can receive crime prevention specialist training because that list does not include all eligible groups and is, therefore, misleading. Other language in the regulation specifies that "the agency administrator of any local, state or federal government agency or college or university" may designate employees for certification training. Changes such as these do not impose any costs on any affected entity but provide the benefit of additional clarity to interested parties reading the regulation.

Businesses and Entities Affected. These proposed regulatory changes will affect all sworn and non-sworn law-enforcement officers as well as individuals working in schools, on college campuses and in universities who are eligible to be certified as crime prevention specialists. Board staff reports that there are currently twelve certified crime prevention communities¹ and four certified crime prevention campuses² in the Commonwealth; all of these are required to have at least one certified crime prevention specialist.

Localities Particularly Affected. The Cities of Galax, Hampton, Newport News, Roanoke, and Virginia Beach, the Counties of Chesterfield, Fairfax, Hanover and Henrico and the Towns of Christianburg, Herndon and Smithfield are crime prevention communities and will be particularly affected by these proposed regulatory changes.

Projected Impact on Employment. These proposed regulatory changes are unlikely to affect employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to affect the use or value of private property in the Commonwealth.

Real Estate Development Costs. These proposed regulatory changes are unlikely to affect real estate development costs in the Commonwealth.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. No small businesses will be adversely affected by these proposed regulatory changes.

Alternative Method that Minimizes Adverse Impact. No small businesses will be adversely affected by these proposed regulatory changes.

Adverse Impacts:

Businesses. No businesses will be adversely affected by these proposed regulatory changes.

Localities. Localities in the Commonwealth are unlikely to see any adverse impacts on account of these proposed regulatory changes.

Other Entities. No other entities are likely to be adversely affected by these proposed changes.

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¹ These crime prevention communities are the Cities of Galax, Hampton, Newport News, Roanoke, and Virginia Beach, the Counties of Chesterfield, Fairfax, Hanover, Henrico and the Towns of Christianburg, Herndon and Smithfield.

² These four campuses are those for Virginia Commonwealth University, Virginia Polytechnic Institute and State University, University of Richmond and Christopher Newport University.

Agency's Response to Economic Impact Analysis: The Department of Criminal Justice Services (DCJS) concurs generally with the economic impact analysis provided by the Department of Planning and Budget. The revisions do not change the requirements for becoming a crime prevention specialist; therefore, there is no economic impact to certified crime prevention specialists, certified crime prevention communities, or certified crime prevention campuses.

Summary:

The amendments (i) clarify that an employee of a private college or university is eligible to be trained and certified as a crime prevention specialist, (ii) clarify that an agency head may delegate the authority to designate employees to be trained and certified as a crime prevention specialist, and (iii) correct citations to the Virginia Administrative Code and the Code of Virginia.

6VAC20-180-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.

"Agency administrator" means any chief of police, sheriff, or any agency head of local, state, federal and college or university law-enforcement agencies sworn under § 23-232.1 23.1-810 of the Code of Virginia.

"Crime prevention services" means providing for the anticipation, recognition, and appraisal of a crime risk and the initiation of an activity to remove or reduce the opportunity for crime.

"Department" means the Department of Criminal Justice Services.

"Employee" means any sworn or civilian individual, including auxiliaries, reserve-deputies, and volunteers employed by a local, state, or federal government agency, or college or university in the Commonwealth of Virginia.

"General law-enforcement instructor" means an individual who has complied with all of the applicable standards for certification or recertification, whichever applies, contained in 6VAC20-80-10 6VAC20-80-20, and is eligible to instruct, teach, or lecture approved or mandated training.

"Local, state, or federal government agency" means any political unit or identifiable subunit through which an individual or body that governs, exercises its authority, performs its functions, and which has as its principal duty or duties the administration of public policy.

6VAC20-180-20. Duties of a crime prevention specialist.

The duties of crime prevention specialists are shall be in accordance with § 9.1-161 of the Code of Virginia and include the following:

1. To provide citizens within their jurisdiction information concerning personal safety and the security of property, and other matters relating to the reduction of criminal opportunity.

2. To provide business establishments within their jurisdiction information concerning business and employee security, and other matters relating to the reduction of criminal activity, including but not limited to, internal and external theft, environmental design, and computer security.

3. To provide citizens or businesses within their jurisdiction assistance in forming and maintaining neighborhood or business watch groups or other community-based crime prevention programs.

4. To provide assistance to other units of government within their jurisdiction in developing plans and procedures related to the reduction of criminal activity in government and the community.

5. To promote the reduction and prevention of crime within their jurisdiction and the Commonwealth.

6VAC20-180-30. Eligibility.

A. Any employee (sworn, nonsworn, or volunteer) of a local, state or federal government agency who serves in a law-enforcement, crime prevention, or criminal justice capacity is eligible to be trained and certified as a crime prevention specialist.

B. A. The agency administrator or his designee of any local, state, or federal government agency or college or university may designate one or more eligible employees in his department or office who serve in a law-enforcement, crime prevention, or criminal justice capacity to be trained and certified as crime prevention specialists. Applicants for recertification shall be recommended by the agency administrator or his designee. Application shall be made on the Crime Prevention Specialist Certification Application-Form A.

C. B. All crime prevention specialist applicants provided for in this chapter shall be approved only upon recommendation of a law-enforcement agency having jurisdiction where the crime prevention specialist shall serve.

D. C. This chapter does not limit or prohibit the chief executive of any local, state or federal government agency from assigning personnel to crime prevention tasks who are not certified as crime prevention specialists.