Title of Regulation: 6VAC20-80. Rules Relating to Certification of Criminal Justice Instructors (amending 6VAC20-80-20).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: November 4, 2015.

Effective Date: December 1, 2015.

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: Subdivision 5 of § 9.1-102 of the Code of Virginia instructs the Department of Criminal Justice Services to "establish compulsory minimum qualifications of certification and recertification for instructors in criminal justice training schools." Subdivision 5 of § 9.1-102 also instructs the department to "(i) establish compulsory minimum training standards for law-enforcement officers who utilize radar or an electrical or microcomputer device to measure the speed of motor vehicles as provided in § 46.2-882." The Criminal Justice Services Board approved these recommendations on September 18, 2014.

Purpose: The purpose of this intended regulatory action is to revise and update the currently regulations governing speed measurement instructor certification officers. The requested revisions are essential to protect the safety and welfare of citizens to ensure that law-enforcement instructors are receiving the correct training and correct information, as the regulation is out of date.

The goal of this proposal is to bring the training current by removing the word "radar" and replacing that with "speed measurement" so that it will include both radar and lidar speed measurements.

Rationale for Using Fast-Track Process: The rationale for using the fast-track rulemaking process is due to the necessity of the change and the lack of controversy surrounding the change. Overall, contacts were eager for the change to be implemented.

Substance: The suggested revisions will amend the regulations relating to the certification of criminal justice instructors to replace the term "radar" with "speed measurement" to include both lidar and radar operations.

Issues: The primary advantage of the public and the Commonwealth will be a standard level of speed measurement training for those serving as criminal justice instructors. This will increase the professionalism of the field by ensuring that all officers are receiving viable up-to-date 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. The Criminal Justice Services Board (Board) proposes to amend its Rules Relating to Certification of Criminal Justice Instructors to reflect that law-enforcement entities in the Commonwealth now may use either Radio Detecting and Ranging (radar) or Light Detection And Ranging (lidar) for speed measurement. Specifically, the Board proposes to change three instances of the phrase "radar detection" to "speed measurement" to make section 20 of this regulation consistent with the rest of the regulation that was amended in 2008 (see http://townhall.virginia.gov/L/ViewAction.cfm?
actionid=1813 for details of this action).

Result of Analysis. Benefits likely outweigh costs for these proposed changes.

Estimated Economic Impact. Currently section 20 of this regulation requires that individuals who will provide speed measurement instruction have two years experience in radar operation and also requires that they complete radar instructor school. The rest of this regulation was amended in 2008 to change phrases referencing radar and radar detection to the more general term speed measurement to reflect the advent of new lidar detection technology that was being used by police departments. The Board now proposes to change the remaining references to radar to speed measurement not only to make section 20 consistent with language in the rest of the regulation but also to remove any confusion that the current language might cause (since individuals must be trained in, and show competency with, all speed measurement technologies in which they provide instruction). No entities are likely to incur costs on account of these regulatory changes. To the extent that these changes make requirements more clear, affected entities will benefit.

Businesses and Entities Affected. This proposed regulation will affect all speed measurement instructors in the Commonwealth as well as any individuals who may want to provide speed measurement instruction in the future. All of these entities are likely to be employed by public law-enforcement agencies.

Localities Particularly Affected. No localities will likely be disproportionately affected by this proposed regulatory change.

Projected Impact on Employment. This regulatory action will likely have little impact on employment in the Commonwealth.

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

Small Businesses: Costs and Other Effects. No small businesses are likely to be affected by this proposed regulation.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No small businesses are likely to be affected by this proposed regulation.

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

Legal Mandate.

General: 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 Number 17 (2014). Section 2.2-4007.04 requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the report should include but not be limited to:

• the projected number of businesses or other entities to whom the proposed 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.

Small Businesses: If the proposed regulation will have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include:

• an identification and estimate of the number of small businesses subject to the proposed regulation,

• 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,

• a statement of the probable effect of the proposed regulation on affected small businesses, and

• 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, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules is notified at the time the proposed regulation is submitted to the Virginia Register of Regulations for publication. This analysis shall represent DPB's best estimate for the purposes of public review and comment on the proposed regulation.

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.

Summary:

The amendments update the regulation by changing "radar" to "speed measurement" so that both radio detecting and ranging (radar) and light detection and ranging (lidar) are included.

6VAC20-80-20. Compulsory minimum standards for instructors.

Individuals instructing mandated training shall possess one of the following certifications authorized by the department, excluding those enumerated in 6VAC20-80-50:

A. Provisional instructor certification. For the individual who has not previously met the requirements for instructor certification, this certification:

1. Requires a high school diploma or high school equivalency certificate (GED);

2. Requires that the individual has met the compulsory minimum training standards for the primary function for which 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 speed measurement courses; and

4. Is valid for not more than two years and is not renewable. An individual may apply for instructor certification upon meeting the requirements of 6VAC20-80-20 this section and 6VAC20-80-60.

B. General instructor certification. For individuals who have professional or proficiency skills in a field directly related to criminal justice, this certification:

1. Requires a high school diploma or high school equivalency certificate (GED);

2. Requires the applicant to be a sworn officer or an employee of a Virginia criminal justice agency, academy instructional staff, or an academy director. Nonsworn employees may apply for a general instructor certification provided that they only conduct training in their particular areas of expertise;

3. Requires a minimum of two years' experience in a criminal justice agency or two years of experience in the subject area the individual will instruct;

4. Requires the applicant to have successfully completed an instructor development course which that meets or exceeds the standards of the instructor development course enumerated in 6VAC20-80-30;

5. Is valid for not more than three years, but may be renewed;

6. Requires the applicant to serve an apprenticeship, as specified in 6VAC20-80-40, with a certified instructor until the applicant can demonstrate the ability to successfully instruct without supervision. The certified instructor shall document this successful completion of the apprenticeship. This documentation shall be maintained at the certified academy at which certification is obtained;

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

8. Certification becomes null and void when the certified instructor is not employed by an agency that comes under the purview of the department.

C. Firearms instructor certification. For the individual who has had extensive firearms training and experience, this certification:

1. Requires a high school diploma or high school equivalency certificate (GED);

2. Requires the applicant to be a sworn officer or an employee of a Virginia criminal justice agency, academy instructional staff, or an academy director. Nonsworn employees may apply for general instructor certification provided that they only conduct training in their particular area of expertise;

3. Requires a minimum of two years' experience in a criminal justice agency;

4. Requires the applicant to have attended and successfully completed an instructor development course which that meets or exceeds the standards of the instructor development course enumerated in 6VAC20-80-30;

5. Requires the applicant also to have successfully completed a firearms instructors course which that meets or exceeds the standards of the firearms instructors course approved by the department;

6. Is valid for not more than three years, but may be renewed;

7. Requires prequalification on a department "Modified Double Action Course or Virginia Tactical Qualification Course" with a minimum score of 90%;

8. Requires the applicant to serve an apprenticeship, as specified in 6VAC20-80-40, with a certified instructor until the applicant can demonstrate the ability to successfully instruct without supervision. The certified instructor shall document this successful completion of the apprenticeship. This documentation shall be maintained at the certified academy at which certification is obtained;

9. Authorizes an individual to instruct mandated firearms training courses and to conduct annual firearms qualifications only; and

10. Certification becomes null and void when the certified instructor is not employed by an agency that comes under the purview of the department.

D. Defensive tactics certification. For the individual who has had extensive training and experience in the area of defensive tactics, this certification:

1. Requires a high school diploma or a high school equivalency certificate (GED);

2. Requires the applicant to be a sworn officer or an employee of a Virginia criminal justice agency, academy instructional staff, or an academy director. Nonsworn employees may apply for general instructor certification provided that they only conduct training in their particular area of expertise;

3. Requires a minimum of two years experience in a criminal justice agency;

4. Requires the applicant to have attended and successfully completed an instructor development course which that meets or exceeds the standards of the instructor development course enumerated in 6VAC20-80-30.

5. Requires the applicant also to have successfully completed a defensive tactics instructors course which that meets or exceeds the standards of the defensive tactics instructors course approved by the department;

6. Is valid for not more than three years, but may be renewed;

7. Requires the applicant to serve an apprenticeship, as specified in 6VAC20-80-40, with a certified instructor until the applicant can demonstrate the ability to successfully instruct without supervision. The certified instructor shall document this successful completion of the apprenticeship. This documentation shall be maintained at the certified academy at which certification is obtained;

8. Authorizes the individual to instruct defensive tactics subjects only; and

9. Certification becomes null and void when the certified instructor is not employed by an agency that comes under the purview of the department.

E. Driver training instructor certification. For the individual who has had extensive training and experience in the area of driver training, this certification:

1. Requires a high school diploma or a high school equivalency certificate (GED);

2. Requires the applicant to be a sworn officer or an employee of a Virginia criminal justice agency, academy instructional staff, or an academy director. Nonsworn employees may apply for general instructor certification provided that they only conduct training in their areas of expertise;

3. Requires a minimum of two years experience in a criminal justice agency;

4. Requires the applicant to have attended and successfully completed an instructor development course which that meets or exceeds the standards of the instructor development course enumerated in 6VAC20-80-30;

5. Requires the applicant also to have successfully completed a driver training instructors course which that meets or exceeds the standards of the driver training instructors course approved by the department;

6. Is valid for not more than three years, but may be renewed;

7. Requires the applicant to serve an apprenticeship, as specified in 6VAC20-80-40, with a certified instructor until they can demonstrate the ability to successfully instruct without supervision. The certified instructor shall document this successful completion of the apprenticeship. This documentation shall be maintained at the certified academy at which certification is obtained;

8. Authorizes the individual to instruct driver training subjects only; and

9. Certification becomes null and void when the certified instructor is not employed by an agency that comes under the purview of the department.

F. Speed measurement instructor certification. This certification:

1. Requires a high school diploma or high school equivalency certificate (GED);

2. Requires the applicant to be a sworn officer or an employee of a Virginia criminal justice agency, academy instructional staff, or an academy director. Nonsworn employees may apply for general instructor certification provided that they only conduct training in their particular area of expertise;

3. Requires a minimum of two years experience in a criminal justice agency, including two years experience in radar operation speed measurement;

4. Requires the applicant to have attended and successfully completed an instructor development course which that meets or exceeds the standards of the instructor development course enumerated in 6VAC20-80-30;

5. Requires the applicant to have attended and successfully completed a radar speed measurement instructor school which that meets or exceeds the standards established by the department;

6. This provision applies to all new personnel employed after July 1, 2007;

7. Is valid for not more than three years, but may be renewed;

8. Requires the applicant to serve an apprenticeship, as specified in 6VAC20-80-40, with a certified instructor until the applicant can demonstrate the ability to successfully instruct without supervision. The certified instructor shall document this successful completion of the apprenticeship. This documentation shall be maintained at the certified academy at which certification is obtained;

9. Authorizes an individual to instruct radar speed measurement subjects only; and

10. Certification becomes null and void when the certified instructor is no longer employed by an agency that comes under the purview of the department.