REGULATIONS
Vol. 33 Iss. 19 - May 15, 2017

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Chapter 100
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 6VAC20-100-10 through 6VAC20-100-90; adding 6VAC20-100-25, 6VAC20-100-95; repealing 6VAC20-100-100, 6VAC20-100-110).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 14, 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) 225-3853, or email barbara.peterson-wilson@dcjs.virginia.gov.

Basis: Pursuant to § 9.1-102 of the Code of Virginia, the Department of Criminal Justice Services (DCJS) and the Criminal Justice Services Board are authorized to adopt regulations to administer the regulatory program and establish compulsory minimum entry-level, in-service, and advanced training standards, as well as the time required for completion of such training, for persons employed as deputy sheriffs and jail officers by local criminal justice agencies, correctional officers employed by the Department of Corrections under the provisions of Title 53.1, and juvenile correctional officers employed at a juvenile correctional facility as the term is defined in § 66-25.3 of the Code of Virginia. Section 9.1-107 of the Code of Virginia charges the Director of DCJS with executive and administrative responsibility to carry out the specific duties imposed on DCJS under § 9.1-102. Section 9.1-112 of the Code of Virginia creates the Committee on Training (COT) under the Criminal Justice Services Board as the policy-making body responsible to the board for effecting the provisions of subdivisions 2 through 17 of § 9.1-102.

Purpose: In 2012, DCJS contracted with the National Institute of Corrections in collaboration with the Virginia Department of Corrections (DOC) to conduct a job task analysis to assist DCJS in defining minimum entry-level training standards for corrections officers. The job task analysis identified a need for enhanced training requirements. The proposed regulation will revise the minimum entry-level training standards as well as the hours needed for corrections officer compulsory minimum training standards to address the enhanced training requirements identified by the job task analysis. The performance objectives for the compulsory minimum training standards will be removed from the regulation, and individuals will be directed to the DCJS website to view the performance objectives. Additionally, language addressing the approval authority of the Criminal Justice Services Board and the COT will be added to the regulation. These proposed revisions are essential to ensure corrections officers receive the training necessary to protect the health, safety, and welfare of inmates housed in Virginia's correctional institutions, as well as that of the corrections officers.

Substance: The purpose for this intended regulatory action is to revise and update current regulations governing the compulsory minimum training standards for corrections officers employed by the DOC. Substantive changes include updating outdated language. The new substantive provisions include:

1. Adding, revising, or deleting definitions for the following terms: "academy director," "agency administrator," "approved training academy," "approved training school," "corrections officer," "Curriculum Review Committee," "full-time attendance," "school director," and "satellite facility."

2. Identifying the categories that make up the Compulsory Minimum Training Standards along with the required training hours for corrections officers. The performance objectives have been removed from the regulation to allow revisions to the training standards to be made in a more expeditious manner while still allowing a forum for public comment through the COT. This includes removal of the language addressing firearms training.

3. Adding language that identifies the approval authority for training requirements. The Criminal Justice Services Board shall be the approval authority for the training categories of the compulsory minimum training standards. The COT of the Criminal Justice Services Board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.

4. Adding language that would provide DCJS with the option to suspend or revoke a previously approved training. Currently DCJS's only regulatory authority is to suspend or revoke the certification of the academy.

5. Adding language which references the in-service requirements for corrections officers training and in-service for firearms identified in 6VAC20-30, Rules Relating to Compulsory In-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of Operations.

6. Removing language referencing outdated documents and adoption and effective date sections that are no longer relevant.

Issues: The primary advantage to private citizens, businesses, and the Commonwealth is increased public safety. The regulation is intended to ensure corrections officers receive the appropriate training prior to assuming responsibility for the security and safety of DOC facilities and inmates. The enhanced training increases the safety of the corrections officers, inmates, and other staff working within DOC operated facilities. There are no disadvantages to the public, the Commonwealth, or DOC.

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 that governs training for the Department of Corrections (DOC) corrections officers to 1) update definitions, 2) remove performance objectives from the regulation and clarify that the Board's Committee on Training (COT) has authority to revise performance objectives, 3) clarify that the Board retains authority to amend training categories that will remain in the regulation and 4) increase required initial training for corrections officers from 216 hours to 600 hours of total training.

Result of Analysis. Benefits likely outweigh costs for most proposed changes. For one proposed change, there is insufficient data to ascertain whether benefits will outweigh costs.

Estimated Economic Impact. Several of the regulatory changes proposed by the Board do not change any substantive requirement or duty for any entity but, instead, are aimed at making the regulatory text easier to read and understand. Changes to the definitions in the regulation, as well as language that specifies the authority of the Board over training categories and the authority of the COT over performance objectives, fall into this category of change. No affected entity is likely to incur costs on account of changes such as these. To the extent that the current regulation contains outdated definitions, or might be otherwise confusing or opaque, these changes will benefit readers by making the regulation more easily understood.

In addition to these clarifying changes, the Board proposes several substantive changes to this regulation. The substantive changes proposed would remove performance objectives from the regulation and increase required initial training hours for corrections officers.

Currently, both performance objectives and training categories are in the regulation. Training categories are broad topics in which the Board mandates training for corrections officers while performance objectives are the sub-categories within the training categories that serve as a guide for lesson plans. For instance, the Board mandates that officers receive firearms training as one training category, and the performance objectives specify how many rounds must be fired during training as well as what types of targets that will be used and the accuracy score that an officer must achieve to be proficient. The Board proposes to remove the performance objectives from this regulation and replace them with a reference to the guidance document for performance objectives that is on the Department of Criminal Justice Services (DCJS) website.

This change may cost interested parties some small amount of extra search time to find the performance objectives on the DCJS website. Those costs are likely outweighed by the benefits that will likely accrue from the COT being able to change the performance outcomes more easily and quickly1 when necessary to address identified training deficiencies or changes in law that affect the duties of corrections officers. Since training hours and categories will still be set in regulation, DOC is unlikely to incur additional costs on account of this change.

The Board also proposes to raise the number of training hours initially required for new corrections officers in this regulation. The current regulation requires 80 hours of field training, 120 hours of core curriculum training and 16 hours of sub-core curriculum training (216 total training hours). Board staff reports that in order to address inconsistencies in training across facilities identified by DOC, to account for training recommendations from the job task analysis conducted by the National Institute of Corrections and to implement new physical training requirements, the number of training hours were substantially increased for any new corrections officers hired after July1, 2015. By agreement with DCJS, DOC increased training for new officers hired after July 1, 2015, to include 400 academy training hours and 200 field training hours (600 total training hours). The Board now proposes to require this increased training in regulation.

Increasing training hours, particularly academy hours where new corrections officers would be away from their assigned facilities and unavailable to perform any job tasks, will likely increase costs for DOC as they will have to both pay the new officers in training and pay additional officers to complete the tasks in facilities that the new officers would be doing if they were not completing academy hours. DOC did not ask for additional money to cover these costs when training increased in 2015, so they were likely absorbed and covered by DOC's then current budget. DOC also reported that they anticipate incurring additional annual costs for ammunition ($159,213.95),2 firearms training scoring targets ($1,216.60) and meals for corrections officers completing additional training ($33,000 to $35,000). New corrections officers may also incur additional fuel costs associated with additional trips from their assigned facilities to the training academies.

These costs would need to be weighed against the benefits that have accrued or may accrue from corrections officers receiving more training. For instance, new firearms training standards in the performance objectives guidance document referenced in the proposed regulation require new corrections officers to fire more rounds in order to become proficient, which will be more costly. Those costs, however, may be outweighed by the benefits of this change if more officers pass their firearms training the first time without having to repeat it or if firing a greater number of rounds allows them to more effectively handle any crisis in their assigned facility where firearms use is necessary. Some other benefits that may accrue on account of increasing training hours are lower turnover rates for employment of corrections officers (if corrections officers feel they are better equipped to complete their job tasks) and fewer numbers of injuries for both corrections officers and prisoners (if corrections officers are better trained to spot brewing conflicts and intervene sooner). At this time, there is insufficient data to identify the magnitude of either all the costs or all the benefits of increased training hours so benefits cannot effectively be weighed against costs.

Businesses and Entities Affected. Board staff reports that these proposed regulatory changes will affect DOC institutions, corrections officers in the employ of DOC, and all inmates in DOC prisons. Board staff further reports that there are approximately 38,760 state responsible prisoners housed in various DOC facilities and that DOC employs approximately 7,400 corrections officers.

Localities Particularly Affected. No locality 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. These proposed regulatory changes are unlikely to affect any small business in the Commonwealth.

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

Adverse Impacts:

Businesses. Businesses in the Commonwealth are unlikely to experience any adverse impacts on account of this proposed regulation.

Localities. No localities are likely to incur costs on account of these proposed regulatory changes.

Other Entities. These proposed regulatory changes are unlikely to affect other entities in the Commonwealth.

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1 Currently, any changes to the performance objectives have to go through a lengthy regulatory process that may take several years. Although DCJS will still have a process for public notice of, and public participation in, any future amendments to the performance objectives after they are removed from regulation, this process will likely take months instead of years.

2 Current regulation only requires corrections officers to shoot 60 rounds of ammunition but new standards in the 2015 agreement require them to shoot 200 rounds of ammunition.

Agency's Response to Economic Impact Analysis: The Department of Criminal Justice Services concurs generally with the economic impact analysis provided by the Department of Planning and Budget.

Summary:

The proposed amendments include (i) requiring periodic in-service training and annual firearms training; (ii) clarifying the approval authority of the Criminal Justice Services Board and the board's Committee on Training (COT); (iii) for compulsory minimum training standards, replacing performance and testing objectives with categories of training and the required number of training hours for each category; (iv) authorizing the Department of Criminal Justice Services to suspend or revoke a previously approved training; (v) updating definitions; and (vi) removing outdated sections for adoption and effective dates.

CHAPTER 100
RULES RELATING TO COMPULSORY MINIMUM TRAINING STANDARDS FOR CORRECTIONAL CORRECTIONS OFFICERS OF THE DEPARTMENT OF CORRECTIONS, DIVISION OF ADULT INSTITUTIONS

6VAC20-100-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meaning, 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, local law-enforcement agency, or the director of the Department of Corrections, or his designee.

"Approved training school" means a training school which provides instruction of at least the minimum training standards as mandated by the board and has been approved by the department for the specific purpose of training criminal justice personnel.

"Board" means the Criminal Justice Services Board.

"Corrections facility director/manager" means the chief administrative officer of a correctional facility.

"Certified training academy" means a training facility in compliance with academy certification standards and operated by the state or local unit of government for the specific purpose of training criminal justice personnel.

"Committee on Training" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings, and approving changes to the standards as needed.

"Corrections officer" or "officer" means a basic corrections officer through the rank of major.

"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the Department of Corrections. Two members of the committee shall represent the western region, two members shall represent the eastern region, two members shall represent the central region, and three members shall represent administration.

"Department" means the Department of Criminal Justice Services.

"Director" means the chief administrative officer of the department.

"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty, on post, or on call except in cases of an emergency for the duration of the school while completing compulsory minimum training requirements.

"School director" means the chief administrative officer of an approved training school.

"Satellite facility" means a facility, located away from the certified academy facility, that the certified academy uses to conduct mandated training. This definition specifically excludes firing ranges, driver training sites, and physical fitness or defensive tactics sites, which may be located away from the certified academy facility. Commercial conference and training facilities such as hotels and motels, which are used for mandated training, are specifically excluded from this definition.

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

A. Pursuant to the provisions of subdivision 9 of § 9-170 7 9.1-102 of the Code of Virginia, the board establishes the following as the compulsory minimum training standards for full-time correctional and part-time corrections officers of the Department of Corrections, Division of Adult Institutions.

The performance objectives constituting the institutional and academy for staff development core and sub-core curricula is detailed in the document entitled, "Performance-Based Training and Testing Objectives for Compulsory Minimum Training for Correctional Officers of the Department of Corrections, Division of Adult Institutions" (June, 1986), which is incorporated by reference and made a part of these regulations.

A. Basic correctional officer training - institutional training.

1. Core curriculum.

4.0. Key Control

5.0. Tool Control

6.0. Control/Account for Inmates

10.0. Search Procedures - Persons

11.0. Search Procedures - Objects

12.0. Search Procedures - Vehicles

13.0. Search Procedures - Areas

14.0. Control of Movement In and Out of Facility - Perimeter

15.0. Control of Movement In and Out of Tower

16.0. Control of Movement In and Out of Sally Port

17.0. Control of Movement In and Out of Visiting Room

18.0. Control of Movement In and Out of Gates

19.0. Radio/Telephone Communications

20.0. Control of Movement - Control Room

21.0. Control of Movement - Master Control

22.0. Maintaining Effective Security Equipment

23.0. Control of Contraband

24.0. Control of Movement Using Restraints

24.1. Identification of Restraints

24.2. Use of Restraints

25.0. Control of Inmate Movement - Internal

26.0. Transportation and Escorting

32.0. Communication of Critical Information to Correctional Officers

33.0. Communication of Critical Information to Supervisors

34.0. Enforcing Laws, Rules and Regulations

35.0. Enforcing Laws, Rules and Regulations - Behavior Adjustment

36.0. Enforcing Laws, Rules and Regulations - Adjustment Committee

37.0. Enforcing Laws, Rules - ICC

43.0. Use of Force - Firearms

44.0. Emergency Preparedness and Response - Riot or Disturbance

45.0. Emergency Preparedness and Response

46.0. Emergency Preparedness and Response - Hostage

47.0. Emergency Preparedness and Response - Minor Disturbance

48.0. Emergency Preparedness and Response - First Aid

50.0. Inmate Supervision - Providing Information

52.0. Inmate Supervision - Work/Recreation

53.0. Inmate Welfare - Receiving

54.0. Inmate Welfare - Medical Care

55.0. Inmate Welfare - Mail

56.0. Inmate Welfare - Personal Property

57.0. Inmate Welfare - Housekeeping/Laundry

.........TOTAL INSTITUTIONAL CURRICULUM HOURS - 80

B. Basic correctional officer training - academy for staff development.

1. Core curriculum.

1.0. Role of the Correctional System

2.0. Corrections Within the Criminal Justice System

3.0. Corrections As a Profession

7.0. Law-Enforcement Techniques

8.0. Secure and Safeguard of Crime Scene

9.0. Testifying

10.0. Search Procedures - Persons

23.0. Control of Contraband

23.1. Control of Drug Use

23.2. Identification of Controlled/Abused Substance

23.3. Identification of Materials Used to Achieve Intoxication

23.4. Identification of Materials Used to Make Weapons

23.5. Procedure for Handling Contraband

24.0. Control of Movement Using Restraints

24.1. Identification of Restraints

24.2. Use of Restraints

28.0. Crisis Prevention/Inmate

29.0. Crisis Prevention/I.D. of Potential Problems

30.0. Crisis Prevention/I.D. of Mentally Disturbed Inmates

31.0. Conflict Management/Crisis Intervention

34.0. Enforcing Laws, Rules and Regulations

35.0. Enforcing Laws, Rules and Regulations - Behavior Adjustment

38.0. Enforcing Laws, Rules - Grievance

39.0. Use of Force

40.0. Use of Force - Defensive Tactics

41.0. Use of Force - Baton

42.0. Use of Force - Chemical Agents

43.0. Use of Force - Firearms

44.0. Emergency Preparedness and Response - Riot or Disturbance

45.0. Emergency Preparedness and Response

46.0. Emergency Preparedness and Response - Hostage

49.0. Inmate Supervision - Interpersonal Communications

50.0. Inmate Supervision - Providing Information

51.0. Inmate Supervision - Limitations

52.0. Inmate Supervision - Work/Recreation

......TOTAL CORE CURRICULUM HOURS - 120

2. Sub-core curriculum (required for all correctional officers who, in the performance of duties, are required to transport inmates by vehicular means).

27.0. Vehicle Operation.

.....TOTAL SUB-CORE CURRICULUM HOURS - 16

.....TOTAL CURRICULUM HOURS - 216

B. Academy training.

1. Category 1 - Security and Supervision.

2. Category 2 - Communication.

3. Category 3 - Safety.

4. Category 4 - Emergency Response.

5. Category 5 - Conflict and Crisis Management.

6. Category 6 - Law and Legal Issues.

7. Category 7 - Duty Assignments and Responsibilities.

8. Category 8 - Professionalism.

9. Category 9 - Firearms Training.

10. Category 10 - Physical Training.

ACADEMY TRAINING HOURS - 400.

C. Field training.

Category 11 - Field Training.

FIELD TRAINING HOURS - 200.

TOTAL MINIMUM TRAINING STANDARDS HOURS - 600.

6VAC20-100-25. Approval authority.

A. The Criminal Justice Services Board shall be the approval authority for the training categories and hours of the compulsory minimum training standards. Amendments to training categories shall be made in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The Committee on Training of the Criminal Justice Services Board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes. Performance outcomes, training objectives, criteria, and lesson plan guides supporting the compulsory minimum training standards may be added, deleted, or amended by the Committee on Training based upon written recommendation of a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.

C. Prior to approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training shall conduct a public hearing. Sixty days prior to the public hearing, the proposed changes shall be distributed to all affected parties for an opportunity to comment. Notice of changes to the performance outcomes, training objectives, criteria, and lesson plan guides shall be filed for publication in the Virginia Register of Regulations upon adoption, change, or deletion. The department shall notify each certified training academy in writing of new, revised, or deleted objectives. Such adoptions, changes, or deletions shall become effective 30 days after publication in the Virginia Register.

6VAC20-100-30. Applicability.

A. Every person employed as a full-time correctional or part-time corrections officer, and who has not met the compulsory minimum training standards for correctional corrections officers subsequent to the effective date of these regulations, (insert effective date of this section) shall meet the training standards herein established in this chapter unless provided otherwise in accordance with subsection B or C of this section.

B. All persons employed as full-time or part-time corrections officers prior to July 1, 2015, shall be:

1. Exempt from complying with the compulsory minimum training requirements in this chapter;

2. Required to comply with the in-service training requirements in 6VAC20-30, Rules Relating to Compulsory In-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of Operations; and

3. Required to complete in-service training by December 31 of the second calendar year after completing a certified training academy.

C. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein in this chapter, in accordance with § 9-173 9.1-116 of the Code of Virginia.

6VAC20-100-40. Time requirement for completion of training.

A. Every correctional corrections officer who is required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment unless provided otherwise in accordance with subsection B of this section.

B. The director may grant an extension of the time limit for completion of the minimum training required upon presentation of evidence by the agency administrator that the officer was unable to complete the required training within the specified time limit due to illness, injury, military service, or special duty assignment required and performed in the public interest. However, each agency administrator shall request such extension prior to expiration of any time limit.

C. Any correctional corrections officer who originally complied with all training requirements and later separated from correctional corrections officer status, more than 12 months but less than for a period of 24 months or less, upon reentry as a correctional officer will corrections officer shall be required to complete all compulsory minimum training standards in-service and annual firearms training set forth in 6VAC20-100-20 A 1 6VAC20-30, Rules Relating to Compulsory In-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of Operations.

D. Any correctional corrections officer who originally complied with all training requirements and later separated from correctional corrections officer status, in excess of for a period greater than 24 months, upon reentry as a correctional officer corrections officer shall be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-100-20 A 1 required for corrections officers as set forth in this chapter.

6VAC20-100-50. How minimum training may be attained.

A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school training objectives and criteria at a certified training academy or satellite facility.

B. Officers Full-time attendance is required of all corrections officers attending an approved training school are required to be present for all classes and a certified training academy or satellite facility. Officers should not be placed on duty, on post, or on call except in cases of an emergency. In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty, on post, or on call and shall advise the school academy director within 24 hours. Officers will shall be responsible for any material missed during an excused absence.

C. All approved training schools which begin on or after January 1, 1989, shall be conducted in conformance with the Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions, as adopted by the board on October 7, 1987. However, the period January 1, 1988, through December 31, 1988, shall serve as a transition period wherein training schools may be approved by the department to conduct training in accordance with the Rules Relating to Compulsory Minimum Training Standards For Correctional Officers of the Department of Corrections, Division of Institutional Services, as amended by the board on February 12, 1982, or according to the Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions, as adopted by the board on October 7, 1987. Every correctional officer satisfactorily completing training approved by the department under the rules amended February 12, 1982, or under the rules adopted on October 7, 1987, shall be deemed to have complied with the compulsory minimum training standards for correctional officers.

6VAC20-100-60. Approved training schools and certified training academies.

A. Correctional Corrections officer training schools shall be approved by the department prior to the first scheduled class. Approval is requested by making application to the director or the director's designee on forms provided by the department. The director or the director's designee may approve those schools trainings, which, on the basis of curricula, instructors, facilities, and examinations provide the required minimum training. One application for all mandated training shall be submitted prior to the beginning of each fiscal year. A curriculum listing the subject matter, performance objective by number, the instructors, dates, and times for the entire proposed session shall be submitted to the department 30 days prior to the beginning of each such proposed session within the time limitations established by the department. An exemption to the 30-day requirement established time limitations may be granted by the director for good cause shown by the school academy director.

B. Each school academy director shall be required to maintain a file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards.

C. Schools which are approved Training shall be subject to inspection and review by the director or staff.

D. The department may suspend or revoke the approval of an approved previously sanctioned training school upon written notice, which shall contain the reason(s) reason upon which the suspension or revocation is based, to the school's academy's director. The school's academy director may request a hearing before the director or his designee. The request shall be in writing and must be received by the department within 15 business days of the date of the notice of the suspension or revocation. The school's academy director may appeal the decision of the director or his designee to the board. Such request shall be in writing and must be received by the board within 15 business days of the date of the decision of the director or his designee.

E. The department may suspend or revoke the approval of an approved training school certification of a certified training academy upon written notice, which shall contain the reason(s) reason upon which the suspension or revocation is based, to the school's academy director. The school's academy director may request a hearing before the director or his designee. The request shall be in writing and must be received by the department within 15 business days of the date of the notice of revocation. The school's academy director may appeal the decision of the director or his designee to the board. Such request shall be in writing and must be received by the board within 15 business days of the date of the decision of the director or his designee.

6VAC20-100-70. Grading.

A. Each officer Corrections officers shall comply with all the requirements of all the performance objectives set forth in 6VAC20-100-20 and the document entitled, "Performance-Based Training and Testing Objectives for Compulsory Minimum Training for Correctional Officers of the State Department of Corrections, Division of Adult Institutions" (June, 1986) this chapter. All approved training schools certified training academies and satellite facilities shall utilize testing procedures which that indicate that every corrections officer, prior to satisfactory completion of the certified training school academy, has met the requirements set forth in each performance objective specified in the document entitled, "Performance-Based Training and Testing Objectives for Compulsory Minimum Training for Correctional Officers of the State Department of Corrections, Division of Adult Institutions" (June, 1986). An officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each academy's written policy. attained a minimum score of 70% on all tests for each grading category identified in 6VAC20-100-20 to complete the compulsory minimum training standards. A certified training academy may require correctional officers attain a score greater than 70% on tests. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.

B. A corrections officer may be retested within the time limits of 6VAC20-100-40 and in accordance with the certified training academy's written policy.

B. C. The school academy director shall submit a grade report on each officer on forms provided by the department.

C. The following firearms training will be required for each officer attending an approved school:

1. Nomenclature and care of service revolver;

2. Safety (on the firearms range, on duty and off duty);

3. Legal responsibilities and liabilities of firearms;

4. Service revolver (handling, firing principles)

5. Dry firing and application of basic shooting principles;

6. Prequalification shooting (60 rounds, minimum)

7. Basic Correctional Firearms Qualification Course - Minimum 70% qualification required.

8. Shotgun Qualification Course - Minimum 80% qualification required

9. Special Weapons Qualification Courses - Minimum 80% qualification required

a. .223 caliber mini-14 rifle

b. AR-15 semi-automatic rifle

6VAC20-100-80. Failure to comply with rules and regulations.

Any correctional corrections officer attending an approved training school a certified training academy or satellite facility shall comply with the rules and regulations promulgated by the board and any other rules and regulations within the authority of the school academy director. The school academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees. If the school academy director considers a violation of the rules and regulations detrimental to the welfare of the school certified training academy or satellite facility, the school academy director may expel the officer from the school. Notification of such action shall immediately be reported, in writing, to the corrections facility director manager of the officer and the director agency administrator or designee.

6VAC20-100-90. Administrative requirements.

A. Reports shall be required from the agency administrator and school director on forms approved or provided by the department and at such times as designated by the director The academy director shall complete a report using the department's electronic records management system for compulsory minimum standards and in-service training within 60 days of completion of compulsory training conducted at the certified training academy or satellite facility.

B. The school academy director shall, within 30 days upon completion of an approved training school session, comply with the following: 1.Prepare prepare a grade report on each officer maintaining the original for academy records and forwarding forward a copy to the corrections facility director/manager of the officer agency administrator or his designee.

2. Submit C. The academy director shall submit to the department a roster containing the names of those officers who have satisfactorily completed all training requirements and, if applicable, a revised curriculum for the training session.

C. D. The school academy director shall furnish each instructor with a complete set of course resumes and the applicable performance objectives for the assigned subject matter.

D. Approved correctional officer E. Certified training schools academies shall maintain accurate records of all tests, grades, and testing procedures. Training school records shall be maintained in accordance with the provisions of these rules this chapter and §§ 42.1-76 through 42.1-91 The Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).

6VAC20-100-95. In-service and annual firearms training.

Beginning two years after completing a certified training academy, corrections officers are required to complete a total of 40 in-service hours every two years by December 31. In-service requirements and annual firearms training shall comply with requirements of 6VAC20-30, Rules Relating to Compulsory In-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of Operations.

6VAC20-100-100. Effective date. (Repealed.)

These regulations shall be effective on and after January 1, 1988 and until amended or repealed.

6VAC20-100-110. Recision of previous rules. (Repealed.)

The Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Institutional Services, as amended on February 12, 1982, are hereby rescinded effective January 1, 1989.

FORMS (6VAC20-100)

Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, eff. 1/91.

Criminal Justice Training Roster, Form 41, eff. 1/93.

VA.R. Doc. No. R16-2873; Filed April 18, 2017, 3:56 p.m.