TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

Proposed Regulation

Title of Regulation: 6VAC20-100. Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions (amending 6VAC20-100-20).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: February 14, 2025.

Agency Contact: Kristi Shalton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-7801, FAX (804) 786-0410, or email kristi.shalton@dcjs.virginia.gov.

Basis: Section 9.1-102 of the Code of Virginia gives the Criminal Justice Services Board the authority to establish the compulsory minimum training standards for full-time and part-time officers of the Department of Corrections (DOC).

Purpose: The proposed amendments are essential to protecting the public health, safety, and welfare of citizens of the Commonwealth because the proper, efficient training of correctional officers ensures not only the safety of incarcerated individuals, but also prioritizes the safety and wellbeing of the public at large and victims of crime.

Substance: Substantial changes and improvements have been made and applied to the performance outcomes, training objectives, testing criteria, and lesson plan guides in each individual category of training. These changes will reflect improved and updated language and enhanced training and include:

Category 1 - Security and Supervision:

1. Revised wording of performance outcomes (POs) and eliminated redundancy;

2. Changed several practical exercises to written exercises;

3. Added several training objectives (TOs) to better reflect revised performance outcomes for clarity;

4. Revised and significantly enhanced content in lesson plan guides (LPGs) to be taught to new officers;

5. Added additional information and removed redundancy (i.e., added types of counts to the LPG of PO 1.1);

6. Created new PO 1.4 dealing with inmate disciplinary procedures, new PO 1.9 to identify abnormal behavior among inmate population, new PO 1.10 for better identification of high-risk behaviors and how to handle them while maintaining professionalism, and new PO 1.12 identifying management of abnormal behaviors;

7. Created new PO 1.8 to address and identify inmate employment opportunities within the correctional setting; and

8. Created new PO 1.11 dealing with suicidal ideation, prevention, and intervention strategies.

Category 2 - Communications

1. Changed several written exercises to practical exercises;

2. Clarified effective interpersonal verbal and nonverbal communication skills;

3. Enhanced communication barriers section and elaborated for more effective content and measurability by creating new PO 2.5 identifying different levels of understanding and language barriers among individuals within a correctional setting;

4. Renumbered and fixed multiple technical errors (i.e. punctuation, spelling, etc.); and

5. Enhanced LPGs and added additional content to be taught (but not necessarily to be tested).

Category 3 - Safety

1. Revised practical and written TOs;

2. Amended and enhanced language in POs for better clarity and understanding;

3. Removed redundancy;

4. Revised criteria sections to better reflect POs and TOs;

5. Renumbered entire category to fix errors;

6. Ensured TOs utilize language that makes them measurable;

7. Created new PO 3.4 dealing with transportation of inmates, new PO 3.7 for inventorying keys and locking devices, new PO 3.14 dealing with the disbursement of unlawful assemblies, new PO 3.15 that addresses use of force, and new PO 3.17 for weapons retention; and

8. Included less lethal force options in the new (renumbered) PO 3.13 that deals with identification of chemical agents.

Category 4 - Emergency Response

1. Revised practical and written TOs for more effective instruction;

2. Amended and enhanced language in POs for better clarity and understanding;

3. Ensured language used created measurability for testing and auditing purposes;

4. Renumbered entire category and fixed multiple technical errors;

5. Added content to LPGs for enhanced classroom teaching; and

6. Created new PO 4.2 dealing with hostage situational awareness and survival, new PO 4.6 that teaches and tests on terrorism and weapons of mass destruction in the workplace, new PO 4.7 dealing with response to an escaped inmate, and new PO 4.8 that addresses active shooter response within a correctional setting.

Category 5 - Conflict and Crisis Management

1. Removed redundant and outdated language, as well as content that appears elsewhere in other categories; and

2. Renumbered entire category and made the category smaller in content, with more training, and more efficient.

Category 6 - Law and Legal Issues;

1. Reworded and restructured language in POs for clarity and understanding of intended tasks;

2. Reorganized written and practical exercises;

3. Removed redundant information and testing criteria;

4. Increased information taught on Federal Code and the Constitutional rights of inmates;

5. Created new PO 6.5 to identify established federal and state standards for the prevention, detection, and response to sexual abuse, sexual assault, or harassment; and

6. Created new PO 6.6 to identify established federal laws concerning the protection of religious exercise by institutionalized persons.

Category 7 - Duty Assignments and Responsibilities

1. Removed redundancy;

2. Renumbered entire category and fixed various technical errors;

3. Reorganized practical and written exercises for better clarity; and

4. Created new PO 7.7 dealing with the operation of electrical detection equipment designed to detect contraband within a correctional facility, and new PO 7.8 dealing with food distribution procedures to inmates.

Category 8 - Professionalism

1. Created new PO 8.2 requiring the student to identify various aspects and elements of the criminal justice system, as well as new PO 8.3 addressing performing duties in a positive, professional manner; and

2. Removed redundancy and renumbered category.

Category 9 - BCO Firearms Training

1. Created new PO 9.1 to address safety procedures while students are at the range, as well as the identification of the cardinal rules of firearms;

2. Added content to LPGs;

3. Revised wording for clarity and understanding of specific intent of tasks and also to ensure measurability;

4. Revised firearms qualification courses and struck through the old ones;

5. Created new PO 9.6 dealing with duty rifle, ammunition, and equipment, as well as new PO 9.7 dealing with department-issued shotguns and qualification with each;

6. Revised 9.8 to better incorporate less-lethal launchers; and

7. Renumbered category for more efficiency and put new qualification courses as appendices, listed after the performance outcomes.

Category 10 - Physical Fitness Training

1. Removed outdated and redundant language and essentially rewrote entire the category to include much more relevant information;

2. Created new PO 10.1 addressing the identification of the importance and benefits of establishing and maintaining overall physical wellness for officers, as well as new PO 10.2 relating to physical exercise;

3. Added additional content in LPGs to ensure all students were being taught the same information, especially if some are not familiar with specific exercises; and

4. Created new PO 10.3 that deals with the identification of workplace stressors and their causes and impacts, as well as reduction strategies.

Category 11 - Field Training

1. Reduced number of field training hours to 120 for efficiency;

2. Reworded and revised current POs and tasks to ensure measurability for auditing purposes;

3. Included or added updated information in reference to DOC's electronic inmate record system;

4. Added information to better address the transportation of inmates, to include specific populations, such as pregnant inmates, or those with special needs (i.e., medical illness, nonambulatory persons);

5. Revised and enhanced 11.18, which deals with weapons handling, in its entirety; and

6. Renumbered, clarified content, and better organized the entire category.

Issues: There are no issues or disadvantages associated with the regulatory change that affect individual private citizens, businesses, other agencies within the Commonwealth, or government officials. Advantages of this regulatory change include improved and more efficient training for new corrections officers employed with the DOC, with less waste in ammunitions in the firearms category of training and in unnecessary classroom time currently used to "fill time requirements". The primary advantages associated with this regulatory change are numerous in terms of safety and transparency to the public, especially to the victims of crime. In the Commonwealth, offenders who are convicted of a crime and sentenced to more than 12 months of incarceration typically become inmates of DOC. The mandated training incorporated in the proposed amendments assists in keeping the Commonwealth's citizens safe by enhancing both basic and field training for new officers employed with DOC. There are no disadvantages to the public or the Commonwealth by promulgating this new regulation, and the Criminal Justice Services Board voted to approve not only this action, but also the amendments to the standards.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Criminal Justice Services Board (board) proposes to: (i) reduce the minimum number of basic correctional officer training hours from 400 to 320, (ii) reduce the minimum number of field training hours from 200 to 120, and (iii) amend specific training requirements in a separate document incorporated by reference (DIBR), which is considered to be part of the regulatory text.

Background. The current regulation states that correctional officers shall comply with the following:

1. Successfully complete basic correctional officer training at a certified criminal justice training academy, external training location, or satellite facility, which includes receiving a minimum of 400 hours of department approved training in the following categories:

a. Security and supervision;

b. Communication;

c. Safety;

d. Emergency response;

e. Conflict and crisis management;

f. Law and legal;

g. Duty assignments and responsibilities;

h. Professionalism;

i. Basic corrections officer firearms training; and

j. Physical fitness training.

2. Successfully complete a minimum of 200 hours of approved training in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.

The board proposes to change the minimum of 400 hours to a minimum of 320 hours for basic correctional officer training and change the minimum of 200 hours to a minimum of 120 hours for field training. Additionally, in the DIBR, the board proposes to amend the specific training requirements for the 10 categories listed for basic correctional officer training and also the 11th category of field training. The training addressed by the proposed amendments is provided or overseen by the Department of Corrections Academy for Staff Development, which conducts all basic correctional officer training using DOC employees.

Estimated Benefits and Costs. By reducing the total required minimum number of hours of training by 160, trainees may be able to start work as correctional officers approximately four weeks sooner. To the extent that under the proposed requirements, correctional officers are at least as well trained and prepared as they are under the current requirements, the proposed amendments would be substantially beneficial. According to the Department of Criminal Justice Services (DCJS), the proposed requirements improve efficiency and effectiveness. DOC reports that the agency is facing unprecedented staffing shortages, with approximately 1,600 correctional officer vacancies, and that the proposal would enable the vacancies to be filled more quickly.²

In the DIBR, the board proposes to no longer require 200 firearm practice rounds for each student, and instead move toward a skill-based practice format. DCJS and DOC believe many students would be able to show competency while expending a smaller amount of live ammunition. DOC expects this would result in about a 10% reduction in ammunition usage in initial training. Further, DOC estimates that with current pricing this would result in an approximate savings of $11,500 over the course of a 12-month period. According to DCJS, the proposed amendments would not affect the need for any other items, including equipment. As indicated by the agency background document (ABD),³ several other changes are being proposed throughout the DIBR. However, the information in the ABD is not sufficiently detailed to indicate whether the proposed changes constitute additions or deletions of existing text, or a reorganization of existing text. As a result, a comprehensive assessment of the total number and type of changes, and their potential economic impact, is not possible.

Businesses and Other Entities Affected. The proposed amendments affect DOC, and in particular their three training academies and those institutions that have a large number of vacancies for correctional officers. Suppliers of ammunition to the training academies would also be affected. An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. Since the proposal would likely result in reduced purchases of ammunition, those firms that sell ammunition to DOC would likely encounter reduced revenue. Thus, an adverse impact is indicated.

Small Businesses⁴ Affected.⁵ Types and Estimated Number of Small Businesses Affected. The proposed amendments affect two small firms that have contracts with DOC to provide ammunition.⁶ Costs and Other Effects. The proposal to no longer require 200 firearm practice rounds for each student, and instead move toward a skill-based practice format, would likely result in about $11,500 less spent on ammunition annually. DOC has contracts with two small firms to purchase its ammunition. These firms would likely together have about $11,500 less in sales annually.

Alternative Method that Minimizes Adverse Impact. There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities⁷ Affected.⁸ According to DCJS, localities with a DOC facility within their jurisdiction may benefit through enhanced training of corrections officers keeping their community safer. The following localities have at least one DOC facility: the Cities of Chesapeake and Harrisonburg and the Counties of Augusta, Bland, Brunswick, Buchanan, Buckingham, Campbell, Chesterfield, Culpeper, Fluvanna, Goochland, Greensville, Grayson, Halifax, Hanover, Henry, Lunenburg, Mecklenburg, Nottoway, Pittsylvania, Powhatan, Richmond, Russell, Smyth, Southampton, Stafford, Sussex, Tazewell, and Wise. The proposed amendments may also indirectly affect the localities where the three training academies are situated, which are the Counties of Goochland, Smyth, and Southampton.

The proposed amendments do not appear to affect costs for localities.

Projected Impact on Employment. According to DCJS, the proposed reduction in minimum training hours is not expected to affect employment for trainers. As mentioned above, the proposal would enable trainees to start working as correctional officers about four weeks sooner. This would likely enable vacancies to be filled more quickly, and consequently more correctional officers would likely be working at any given time.

Effects on the Use and Value of Private Property. The two firms that sell ammunition to the training academies would likely encounter reduced revenue. According to DOC, though the reduction in ammunition purchases would be about 10% of that currently used in initial training, it would only represent about 1.0% or less of all the ammunition purchased by DOC from those firms,⁹ and the firms have large contracts that are used by all state-level law-enforcement entities. Thus, any impact on the value of the firms would be quite small.

The proposed amendments do not appear to affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Source: Department of Corrections

³ See https://townhall.virginia.gov/l/GetFile.cfm?File=51\5649\9355\AgencyStatement_DCJS_9355_v4.pdf

⁴ 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."

⁵ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶ Data source: Virginia Employment Commission

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ § 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

⁹ Other DOC ammunition expenditure purposes include annual recertification training, instructor level training and duty ammunition purchases.

Agency Response to Economic Impact Analysis: The Virginia Department of Criminal Justice Services (DCJS) is in agreement with the economic impact analysis (EIA) prepared by the Department of Planning and Budget (DPB). Although prepared approximately three years ago in October 2021, all details related to the stages of basic training for new law corrections officer recruits is correct. DPB's assessment that there are no associated increases in costs is correct, and DCJS concurs that the changes associated with this regulatory action reduce the minimum number of basic correctional officer training hours from 400 to 320, reduce the minimum number of field training hours from 200 to 120, and amend training requirements in a separate document incorporated by reference (DIBR), which will replace the current version. With respect to the DIBR, DCJS also agrees that the proposed changes to no longer require 200 firearm practice rounds for each student and instead move toward a skill-based practice format, that the Department of Corrections (DOC) expects this would result in about a 10% reduction in ammunition usage in initial training. Further, DOC concurs that with current pricing, this would result in an approximate savings of $11,500 over the course of a 12-month period. DCJS supports DPB's assessment and is in agreement with the published EIA.

Summary:

The proposed amendments (i) reduce the minimum number of basic correctional officer training hours from 400 to 320, (ii) reduce the minimum number of field training hours from 200 to 120, and (iii) revise training requirements in the Virginia Department of Criminal Justice Services Basic Corrections Officer Compulsory Minimum Training Standards and Field Training Performance Outcomes to enhance performance outcomes and update outdated language for effectiveness and efficiency in training new academy recruits.

6VAC20-100-20. Compulsory minimum training standards.

A. Pursuant to the provisions of subdivision 9 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the compulsory minimum training standards for full-time or part-time correctional officers of the Department of Corrections.

B. Individuals hired as correctional officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed the compulsory minimum training standards at a certified criminal justice training academy, external training location, or satellite facility and complete field training requirements. Correctional officers shall comply with the following:

1. Successfully complete basic correctional officer training at a certified criminal justice training academy, external training location, or satellite facility, which includes receiving a minimum of 400 320 hours of department approved department-approved training in the following categories:

a. Security and supervision;

b. Communication;

c. Safety;

d. Emergency response;

e. Conflict and crisis management;

f. Law and legal issues;

g. Duty assignments and responsibilities;

h. Professionalism;

i. Basic corrections officer firearms training; and

j. Physical fitness training.

2. Successfully complete a minimum of 200 120 hours of approved training in the category of field training identified in the Virginia Department of Criminal Justice Services Basic Corrections Officer Compulsory Minimum Training Standards and Field Training and On the Job Training Performance Outcomes, draft dated November 1, 2024, hereby incorporated by reference.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-100)

Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)

Virginia Department of Criminal Justice Services Basic Corrections Officer Compulsory Minimum Training Standards and Field Training Performance Outcomes, draft dated November 1, 2024, Virginia Department of Corrections