Title of Regulation: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-21, 6VAC20-20-50).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 31, 2013.

Effective Date: August 15, 2013.

Agency Contact: Stephanie Morton, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone (804) 786-8003, or email stephanie.morton@dcjs.virginia.gov.

Basis: The legal authority of the Department of Criminal Justice Services, under the direction of the Criminal Justice Services Board, to establish compulsory minimum training standards subsequent to employment as a law-enforcement officer in (i) permanent positions and (ii) temporary or probationary status, and establish the time required for the completion of such training is found in § 9.1-102 of the Code of Virginia.

Purpose: The purpose of this regulatory action is to remove the reference to the 1997 document regarding performance outcomes and replace it with the department's website link to the document regarding compulsory minimum training standards. The requested revisions are essential to protect the safety and welfare of citizens to ensure that law-enforcement officers are receiving the most current training. Currently, when training standards must be revised, the department has to seek such changes through the standard regulatory process. This process requires a minimum of 12 to 18 months for completion, which is far too lengthy a wait when dealing with public and officer safety issues.

Rationale for Using Fast-Track Process: This amendment will not affect the department's constituents. This change will allow the department to seek changes to the compulsory minimum training standards through the process listed within 6VAC20-20. Changes in training standards must go before the Law Enforcement Curriculum Review Committee, which is comprised of regional, state, and independent criminal justice training academy directors. Upon recommendation for approval by the Law Enforcement Curriculum Review Committee, the recommendation is then presented to the Committee on Training of the Criminal Justice Services Board, and the Criminal Justice Services Board must give the final approval.

Substance: This action amends the language of the regulation by removing the reference to the 1997 document regarding performance outcomes and replacing that language with the department's website link to the document regarding compulsory minimum training standards.

Issues: The advantage is that any recruit completing the compulsory minimum training standards through a certified criminal justice training academy will be receiving the most current training standards approved by the Criminal Justice Services Board. There are no disadvantages since the oversight committee is composed of knowledgable and experienced persons who make recommendations to members appointed to serve by the Governor through the Criminal Justice Services Board and feel these revisions are in the best interest of the department's constituents and the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Criminal Justice Services (Board) proposes to amend its training regulations for law enforcement officers. Specifically, the Board proposes to:

• Add information to these regulations that will direct interested parties to the complete training standards guidelines on the Department of Criminal Justice Services (DCJS) website and

• Eliminate reference to performance outcomes in these regulations because they are now in DCJS guidelines and are subject to annual change.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Current regulations explicitly enumerate performance outcomes. Because these performance outcomes are policy statements and are subject to annual change, the Board proposes to strike them from these regulations and, instead promulgate regulatory language that directs interested parties to a complete list of performance outcomes on the DCJS website. Because performance outcomes can change every year, but it would take two years on average to change them in regulation, this regulatory change is likely to provide the benefit of clarity to interested parties.

Businesses and Entities Affected. DCJS reports that individuals who are interested in pursuing careers as law enforcement officers are subject to the training requirements in these proposed regulations.

Localities Particularly Affected. No localities will be particularly affected by these proposed regulatory changes.

Projected Impact on Employment. This regulatory action will likely have no impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have no effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. These proposed regulatory changes are unlikely to have any effect on small businesses in the Commonwealth.

Small Businesses: Alternative Method that Minimizes Adverse Impact. These proposed regulatory changes are unlikely to have any effect on small businesses in the Commonwealth.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the Commonwealth.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Department of Criminal Justice Services concurs generally with the economic impact analysis of the Department of Planning and Budget on the proposed Regulations Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers.

Summary:

The proposed amendment replaces the reference to the December 1997 document regarding performance outcomes with the Department of Criminal Justice Services' website link to the document regarding compulsory minimum training standards for law-enforcement officers.

6VAC20-20-21. Performance outcomes and minimum hours required.

A. The performance outcomes are detailed in the document entitled "Performance Outcomes for Compulsory Minimum Training For Law Enforcement Officers," December 1997, which is incorporated by reference and made a part of this chapter. Pursuant to the provisions of subdivision 2 of § 9.1-102 of the Code of Virginia, the board establishes the standards for Compulsory Minimum Training Standards for Law-Enforcement Officers. The complete document may be found on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov.

B. Academy training.

1. Category 1 - Professionalism

2. Category 2 - Legal Issues

3. Category 3 - Communications

4. Category 4 - Patrol

5. Category 5 - Investigations

6. Category 6 - Defensive Tactics/Use of Force

7. Category 7 - Weapons Use

8. Category 8 - Driver Training

9. Category 9 - Physical Training (Optional)

ACADEMY TRAINING HOURS - 480 (excluding Category 9)

C. Field training.

Category 10 - Field Training

FIELD TRAINING HOURS - 100

TOTAL MINIMUM TRAINING STANDARDS HOURS - 580 (excluding Category 9)

6VAC20-20-50. Compliance with compulsory minimum training standards.

A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives and criteria at a certified training academy and the successful completion of field training objectives unless otherwise provided by 6VAC20-20-30 B.

B. Officers attending approved training are required to attend all classes and shall not be placed on duty or call except in cases of emergency.

C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin February 4, 1998. During the transition period, certified training academies may conduct law-enforcement entry-level training using the performance objectives within the "Compulsory Minimum Training Standards for Law-Enforcement Officers," effective July 6, 1983, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective July 1, 1999, all entry-level training programs shall meet the requirements of 6VAC20-20-21.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-20)

Performance Outcomes for Compulsory Minimum Training for Law Enforcement Officers, December 1997, Department of Criminal Justice Services.