Title of Regulation: 6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10, 6VAC20-60-20, 6VAC20-60-25; repealing 6VAC20-60-100).

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

Public Hearing Information:

May 5, 2011 – 9 a.m. – General Assembly Building, 910 Capitol Street, House Room D, Richmond, VA

Public Comment Deadline: March 18, 2011.

Agency Contact: Judith Kirkendall, Regulatory Coordinator, Department of Criminal Justice Services, 1100 Bank Street, 12th Floor, Richmond, VA 23219, telephone (804) 786-8003, FAX (804) 225-3853, or email judith.kirkendall@dcjs.virginia.gov.

Basis: Section 9.1-102 of the Code of Virginia authorizes the Criminal Justice Services Board to adopt regulations for the administration of Chapter 1 (§ 9.1-100 et seq.) of Title 9.1 of the Code of Virginia. Subdivision 10 of § 9.1-102 authorizes the establishment of compulsory minimum training standards for all dispatchers employed by or in any local or state government agency, whose duties include the dispatching of law-enforcement personnel.

Purpose: The purpose of the amendments is to enable standing committees to function more smoothly to achieve the goals and objectives for which they were created. Conducting annual reviews and adopting updates to training standards for dispatchers directly impacts the safety and welfare of citizens who call 9-1-1.

Substance: The amended regulation reconstitutes the Dispatcher Curriculum Review Committee from 13 to nine members due to the difficulties in getting a quorum for an annual meeting, transfers approval authority from the Criminal Justice Services Board to the Committee on Training to have the Committee on Training responsible for changes to all parts of the training standards, and incorporates the suggestions for change to the on-the-job training requirements proposed by the Dispatcher Curriculum Review Committee. Over 10 years of experience in working in the current manner strongly suggests all parties would be better served by having the Committee on Training handle all suggested changes to the training standards using the process set up in the rules. The same change in approval authority was recently approved through the fast-track process for the rules governing both entry-level law-enforcement training and entry-level jail/court security/civil process service training.

Issues: The advantages to the public and to the Commonwealth include a simpler, less costly, and less time consuming method for changing the performance outcome statement that is part of the training standards. This enables annual updates to be completed more efficiently and provides greater clarity to instructors and recruits involved in 9-1-1 dispatcher training. The safety and welfare of the public is paramount in setting forth training requirements while providing protection from incompetent or unqualified persons from performing dispatcher duties. There are no disadvantages.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The proposed regulations will 1) reduce the number of the Dispatcher Curriculum Review Committee from 13 to 9, 2) transfer the approval authority of the performance outcomes from the Criminal Justice Services Board to its standing committee on training, and 3) remove the performance outcomes from the regulations.

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

Estimated Economic Impact. Criminal Justice Services Board proposes to reduce the number of the Dispatcher Curriculum Review Committee from 13 to 9. According to the Department of Criminal Justice Services, it has been somewhat challenging to make sure that at least seven committee members are present at annual meetings so that decisions could be made. With the proposed reduction, only five members will be needed to approve decisions. In addition to the improved efficiency in decision making, approximately $1,000 is expected to be saved in terms of reduced reimbursable costs such as travel, lodging, and meal expenses as the number of members whose expenses are reimbursed is reduced.

Also, the board proposes to transfer the approval authority of the performance outcomes from the Criminal Justice Services Board to its standing committee on training. The proposed change will streamline the process by removing a redundant step in how the performance outcomes are approved.

Finally, the board proposes to remove the performance outcomes from the regulations. This change will allow the standing committee on training to update the standards as needed without having to go through the regulatory process. To ensure accessibility of these standards to regulated entities and public, the board will continue to publish them on its website.

Businesses and Entities Affected. There are approximately 3,300 dispatchers in Virginia.

Localities Particularly Affected. The proposed regulations apply throughout the Commonwealth.

Projected Impact on Employment. No significant effect on employment is expected.

Effects on the Use and Value of Private Property. No significant effect on the use and value of private property is expected.

Small Businesses: Costs and Other Effects. No significant direct costs or other effects on small businesses are expected.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed regulations do not have a direct adverse impact on small businesses.

Real Estate Development Costs. No significant effect on real estate development costs is expected.

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 36 (06). 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 DPBs best estimate of these economic impacts.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Department of Criminal Justice Services Standards and Training Section concurs with the economic impact analysis as reviewed by the Department of Planning and Budget.

Summary:

The proposed amendments (i) reduce the number of members serving on the Curriculum Review Committee from 13 to nine; (ii) transfer the approval authority of the performance outcomes from the Criminal Justice Services Board to the board's Committee on Training; and (iii) remove the performance outcomes from the regulations.

6VAC20-60-10. 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 or nonlaw-enforcement head of a communications center.

"Board" means the Criminal Justice Services Board.

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

"Compulsory minimum training standards" means the performance outcomes and minimum hours approved by the Criminal Justice Services Board.

"Curriculum Review Committee" means the committee consisting of the following 13 nine individuals: four two members of the committee shall represent regional criminal justice academies, four two members of the committee shall represent independent criminal justice academies, one member shall represent the Department of State Police Training Academy, and four experienced communications personnel shall represent emergency communication functions. The Committee on Training shall appoint members of the Curriculum Review Committee.

"Department" means the Department of Criminal Justice Services.

"Director" means the chief administrative officer of the Department of Criminal Justice Services.

"Dispatcher" means any person employed by or in any local or state government agency either full or part-time whose duties include the dispatching of law-enforcement personnel.

"Emergency medical dispatcher training" means training which meets or exceeds the training objectives as provided in Performance Outcome 1.6, which is set out in 6VAC20-60-100.

"Standard" means Performance Outcome, Training Objective, Criteria for Testing, and Lesson Plan Guide relating to compulsory minimum training for dispatchers and is found on the department's website.

"VCIN/NCIC training" means approved training as specified by the Virginia Department of State Police for dispatchers accessing Virginia Crime Information Network/National Crime Information Center information.

6VAC20-60-20. Compulsory minimum training standards.

Pursuant to the provisions of § 9.1-102(8) 9.1-102 (10) of the Code of Virginia, the board establishes the following categories of training as listed below as the compulsory minimum training standards for dispatchers:

1. The performance outcomes are specified in 6VAC20-60-100. Performance outcomes may not be changed except as noted in 6VAC20-60-25 through the Administrative Process Act.

2. Categories of training are listed below:

a. 1. Category 1 - Communications.

b. 2. Category 2 - Judgment.

c. 3. Category 3 - Legal Issues.

d. 4. Category 4 - Professionalism.

e. 5. Category 5 - On-the-Job Training.

6VAC20-60-25. Approval authority.

A. The Criminal Justice Services Board shall be the approval authority for the training categories and performance outcomes of the compulsory minimum training standards. Amendments to training categories and performance outcomes 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. Training Performance outcomes, training objectives, criteria, and lesson plan guides supporting the compulsory minimum training standards and performance outcomes 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, nonlaw-enforcement head of a communications center, or the Curriculum Review Committee.

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 the opportunity to comment. Notice of change of 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 academy in writing of any new, revised, or deleted objectives. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register.

6VAC20-60-100. Performance outcomes for compulsory minimum training standards for dispatchers. (Repealed.)

Category 1 - Communication

In conjunction with responding to calls for public safety services, the dispatcher faces challenges every day that require knowledge, judgment, skill, and ability from multiple and varied sources. To meet these challenges successfully, the dispatcher must develop good communication skills in the performance of relevant duties. Expected performance outcomes in this category include the following:

1.1 Obtain information related to complaints and/or requests for service from the public, field units, and other agencies.

1.2 Perform multiple tasks related to receiving information and dispatching appropriate response units.

1.3 Apply standard communication techniques in receiving and transmitting information via radio and telephone.

1.4 Disseminate information to the public, field units, and other agencies using standard communication and dispatching techniques.

1.5 Apply standard communication techniques when handling specialized situations via radio, telephone, and in person.

1.6 Assist callers by providing initial emergency medical care information to victims of accidents, illness and/or crimes, if applicable.

1.7 Respond to a report of a disaster.

Category 2 - Judgment

In conjunction with responding to calls for public safety services, the dispatcher faces challenges every day that require knowledge, judgment, skill, and ability from multiple and varied sources. To meet these challenges successfully, the dispatcher must develop good judgment in the performance of relevant duties. Expected performance outcomes in this category include the following:

2.1 Receive, prioritize, and handle multiple tasks related to emergency call taking and dispatching using judgment based on policies and procedures.

2.2 Receive and handle various types of nonemergency complaints and requests from the public or other agencies by using judgment based on policies and procedures.

Category 3 - Legal Issues

In conjunction with responding to calls for public safety services, the dispatcher must identify legal requirements based on the Constitution of the United States, the Code of Virginia, and/or local ordinances where applicable. Expected performance outcomes in this category include the following:

3.1 Apply federal/state laws, local ordinances, and rules and regulations established for dispatch operations.

3.2 Perform the duties of a dispatcher with awareness of general liability applicable to this job.

3.3 Testify in court.

Category 4 - Professionalism

In conjunction with responding to calls for public safety services, the dispatcher must demonstrate professionalism in every aspect of performance of these services. The dispatcher faces challenges every day that require knowledge, judgment, skill, and ability from multiple and varied sources. To meet those challenges successfully, the dispatcher must attain and maintain professionalism in the performance of all duties. Expected performance outcomes include the following:

4.1 Respond to stressful situations professionally.

4.2 Respond to abusive callers or difficult people professionally.

Category 5 - On-the-Job Training

In conjunction with responding to calls for service, the dispatcher must identify requirements related to the employing law-enforcement agency. These requirements may be general in nature, but serve to enhance the ability of both the dispatcher and the agency to provide needed public safety services. Expected performance outcomes in this category include the following:

5.1 Demonstrate ability to utilize agency equipment to handle 911 call taking and dispatching duties.

5.2 Quickly and accurately recording information into CAD and/or on cards.

5.3 Use of maps and street files to identify locations and proper codes.

5.4 Accurately type information received verbally.

5.5 Transmit the complaint to radio dispatch by computer/telephone, or personally dispatch appropriate response unit(s).

5.6 Use written information or computer-aided dispatch to assign law-enforcement, fire, and rescue units.

5.7 Monitor and update status of incidents and status of field units.

5.8 Update the field units regarding incident and status information.

5.9 Use written information or computer-aided dispatch to redirect incidents to another dispatcher.

5.10 Monitor, respond, and dispatch by radio, computer transmission, or written information to and from field units.

5.11. Basic concepts and differences between basic and enhanced 9-1-1 telecommunications systems.

5.12 Conference phone lines or patch radio frequencies to enable communications.

5.13 Monitor transferred call until connection is established.

5.14 Receive and handle TTY calls.

5.15 Hold phone line to complete a telephone trace.

5.16 Use ANI/ALI to locate and identify caller, if applicable.*

5.17 Complete ANI/ALI forms to update entries, if applicable.*

5.18 Use call check system to replay "difficult" calls, if applicable.*

5.19 Use "emergency ring down" phones, if applicable.*

(*These criteria must be tested if the agency utilizes this telecommunications equipment.)

5.20 Conduct/monitor civil defense test.

5.21 Enter data into a record system.

5.22 Generate reports.

5.23 Restart the computer system, if applicable.

5.24 Transcribe and/or copy a tape recording.

5.25 Operate radio equipment.

5.26 Operate paging equipment.

5.27 Patch radio frequencies.

5.28 Perform radio frequency tests.

5.29 Dispatch by radio transmission.

5.30 Use of alternative communication methods if regular radio is down.

5.31 Using NCIC or other manuals for assistance.

5.32 Transmitting emergency bulletins by TTY (if applicable).

5.33 Query vehicle.

5.34 Query Computerized Criminal History (CCH).

5.35 Query stored vehicles.

5.36 Query driver's license.

5.37 Enter administrative license suspension (if applicable).

5.38 Query stolen articles.

5.39 Query gun.

5.40 Query wanted/missing persons.

5.41 Clearing entries (if applicable).

5.42 Enter/query protective orders.

5.43 Modify information in computer database (if applicable).

5.44 Hit confirmation process (to include placing locate).

5.45 Informal and formal messages.

NOTE: TRAINEE MUST COMPLETE VCIN/NCIC TRAINING PRIOR TO BEING TESTED ON THE JOB BY CRITERIA NUMBERS 5.31 THROUGH 5.45.

5.46 Answer, refer, and route calls/messages to proper departmental unit.

5.47 Prepare a general broadcast bulletin.

5.48 Complete data entry forms.

5.48.1 Wanted or missing person.

5.48.2 Stolen vehicle.

5.49 Prepare an activity log.

5.50 Prepare a summary report.

5.51 Prepare an intra-departmental memo.

5.52 Monitor alarm/security systems, if applicable.

5.53 Receive opening/closing calls, if applicable.

5.54 Maintain equipment within the communications center.

5.55 Troubleshoot equipment problems.

5.56 Document equipment problems.

5.57 Identify local ordinances affecting dispatch operations.

5.58 Use and maintain maps and cross street directories.

5.59 Demonstrate map reading skills to include street directions.

5.60 Use and maintain log shift rosters of assigned field units.

5.61 Use and maintain department files for warrants and/or other citations.

5.62 Use and maintain complaint history files.

5.63 Use and maintain specialized logs or data bases, e.g. medical incidents, problem addresses, restraining orders, etc.

5.64 Use and maintain towing agency rotation logs.

5.65 Use and maintain business directories.

5.66 Use and maintain a directory of services provided by other agencies.

5.67 Answer an anonymous witness line, e.g., Crime Stoppers.

5.68 Provide information, refer and/or transfer calls to appropriate departments or agencies as a general service to the public.

5.69 Provide requested information to authorized departments or agencies.

5.70 Maintain general resource material in the Communications Center.

5.71 Maintain order and cleanliness in the Communications Center.