Title of Regulation: 6VAC20-280. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Field Training Officers (adding 6VAC20-280-10 through 6VAC20-280-90).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 13, 2015.

Agency Contact: Cindy Campbell, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23229, telephone (804) 786-7898, or email cindy.campbell@dcjs.virginia.gov.

Basis: Section 9.1-102 of the Code of Virginia authorizes the Department of Criminal Justice Services (DCJS), under the direction of the Criminal Justice Services Board, to establish minimum training standards and qualifications for certification and recertification for law-enforcement officers serving as field training officers.

Purpose: Currently, there are no regulations in place regarding field training officers. As a result, DCJS is unable to enforce training standards that are necessary and required to protect the public health, welfare, and safety.

Substance: Subdivision 3 of § 9.1-102 of the Code of Virginia instructs the DCJS to establish minimum training standards and qualifications for certification and recertification for law-enforcement officers serving as field training officers. Such standards must include, but are not limited to, the role and responsibility of law-enforcement field training officers, relevant to state laws. The law-enforcement field training officer regulations address the necessary definitions, compulsory minimum training standards, applicability, compliance, grading, recertification, failure to comply, and administrative requirements for certification and recertification procedures. A field training officer is responsible for training recent law-enforcement academy graduates on departmental policies, procedures, and operations.

Issues: The primary advantage to the public and the Commonwealth will be a standard level of training for all law-enforcement officers serving as field training officers that will increase the professionalism of the field by ensuring that all field training officers are receiving the same mandated training.

There are no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to subdivision 3 of § 9.1-102 of the Code of Virginia, the Criminal Justice Services Board (Board) proposes to establish minimum training standards and qualifications for certification and recertification of law enforcement officers serving as field training officers. Currently there are no regulations in place regarding field training officers.

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

Estimated Economic Impact. Subdivision 3 of § 9.1-102 Code of Virginia instructs the Department of Criminal Justice Services (Department), under the direction of the Board, to establish minimum training standards and qualifications for certification and recertification for law enforcement officers serving as field training officers. Such standards include, but are not limited to the role and responsibility of law enforcement field training officers, relevant to state laws. The proposed law enforcement field training officer regulations address the necessary definitions, compulsory minimum training standards, applicability, compliance, grading, recertification, failure to comply and administrative requirements for certification and recertification procedures. A field training officer is responsible for training recent law enforcement academy graduates on departmental policies, procedures and operations.

The proposed regulations are consistent with the policies and procedures that the Board and Department have maintained for several years. Putting this language into regulation will increase clarity for law enforcement field training officers and the 40 certified criminal justice training academies in the Commonwealth. This will help ensure that there will be a standard level of training for all law enforcement officers serving as field training officers.

Businesses and Entities Affected. The proposed regulations affect law enforcement field training officers and the 40 certified criminal justice training academies in the Commonwealth.

Localities Particularly Affected. The proposed regulations affect all Virginia localities.

Projected Impact on Employment. The proposed regulations are not likely to significantly affect numbers of jobs.

Effects on the Use and Value of Private Property. The proposed regulations do not significantly affect the value and use of private property.

Small Businesses: Costs and Other Effects. The proposed regulations do not significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed regulations do not significantly affect small businesses.

Real Estate Development Costs. The proposed regulations are unlikely to significantly affect real estate development costs.

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, 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 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.

Summary:

The proposed regulation establishes minimum training standards and qualifications for the certification and recertification of law-enforcement officers serving as field training officers.

CHAPTER 280
RULES RELATING TO COMPULSORY MINIMUM TRAINING STANDARDS FOR LAW-ENFORCEMENT FIELD TRAINING OFFICERS

6VAC20-280-10. Definitions.

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

"Academy director" means the chief administrative officer of a certified training academy.

"Agency administrator" means any chief of police, sheriff, or agency head of a state or local law-enforcement agency.

"Board" means the Criminal Justice Services Board.

"Certified training academy" means a training facility in compliance with academy certification standards operated by the state or by local units of government for the purpose of providing instruction of compulsory minimum training standards.

"Compulsory minimum training standards" means the performance outcomes and training criteria approved by the board's Committee on Training.

"Department" means the Department of Criminal Justice Services.

"Director" means the chief administrative officer of the department or his designee.

"Field training officer" means a certified law-enforcement officer who provides training to newly employed law-enforcement officers for the purposes of training and measuring entry-level officer performance.

"Provisional field training officer" means a certified law-enforcement officer who provides training to a newly employed law-enforcement officer for the purposes of training and measuring entry-level officer performance, but who has not met the standards as prescribed under 6VAC20-280-20. A provisional field training officer is only allowed to act as a field training officer if no other field training officer is available for that department.

6VAC20-280-20. Compulsory minimum training standards.

Pursuant to the provisions of subdivision 3 of § 9.1-102 of the Code of Virginia, the department establishes these standards for compulsory minimum training standards for law-enforcement field training officers.

1. The course shall include a minimum of 32 hours of training and must address each of the following subjects:

a. Field training program and the field training officer.

b. Field training program delivery and evaluation.

c. Training liability.

d. Characteristics of the adult learner.

e. Methods of instruction.

f. Fundamentals of communication.

g. Written test.

2. A field training officer recertification course shall include a minimum of two hours of training. The director of a certified training academy shall establish recertification criteria for that academy.

6VAC20-280-30. Applicability.

A. Every law-enforcement officer designated by the agency administrator to serve as a field training officer must meet the compulsory minimum training standards established in 6VAC20-280-20 after December 31, 2013.

B. The law-enforcement officer selected as a field training officer shall successfully complete a field training program designed by the certified criminal justice academy.

C. All officers serving as field training officers after December 31, 2013, shall be required to comply with this chapter other than for recertification.

D. A provisional field training officer must be certified by the department. A provisional field training officer certification:

1. Requires a high school diploma or high school equivalency examination approved by the Board of Education;

2. Requires that the field training officer has met the minimum training standards for the primary function for which he is employed by a criminal justice agency, if applicable;

3. Does not authorize an individual to instruct or qualify others in mandated firearms, defensive tactics, driver training, or radar courses; and

4. Is not valid for more than one year and is not renewable.

Individuals may apply for field training officer certification upon meeting the requirements of this chapter.

6VAC20-280-40. Time required for completion of training.

Effective January 1, 2014, each law-enforcement officer designated by the agency administrator to serve as a field training officer shall comply with field training officer training requirements in 6VAC20-280-20 prior to serving in the capacity of that position.

6VAC20-280-50. Compliance with compulsory minimum training standards.

A. The field training officer curriculum shall be maintained in accordance with the academy certification standards. The academy director shall maintain documentation of the type of training approved, means of attaining such training, and means of testing such programs.

B. Training developed and conducted shall be subject to inspection and reviewed by the department.

C. Agencies without a certified field training officer may complete the Category 10 requirements of 6VAC20-20-21 with a certified field training officer from another Virginia criminal justice agency.

6VAC20-280-60. Grading.

A. All certified training academies shall utilize testing procedures for initial certification that indicate that the field training officer has satisfactorily completed the training standards of this chapter.

B. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-90.1 of the Code of Virginia.

6VAC20-280-70. Recertification.

A field training officer's initial certification is valid for three years and may be renewed by attending a field training officer recertification course. The recertification course must contain at least two hours of training, and the director of a certified training academy shall establish recertification criteria for that academy.

6VAC20-280-80. Failure to comply with rules and regulations.

Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the department. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees. If the academy director considers a violation of the rules and regulations detrimental to the welfare of the academy, the academy director may expel the individual from the academy. Notification of such action shall immediately be reported in writing to the agency administrator of the individual in accordance with the rules and regulations within the authority of the certified training academy.

6VAC20-280-90. Administrative requirements.

Records of field training officer certification and recertification shall be maintained by the employing agency.