Title of Regulation: 19VAC30-240. Regulations Governing the Virginia Community Policing Act (adding 19VAC30-240-10, 19VAC30-240-20, 19VAC30-240-30).

Statutory Authority: § 52-30.3 of the Code of Virginia.

Effective Date: October 1, 2021.

Agency Contact: Kirk Marlowe, Regulatory Coordinator, Bureau of Administrative and Support Services, Department of State Police, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-4606, FAX (804) 674-2936, or email kirk.marlowe@vsp.virginia.gov.

Summary:

Pursuant to Chapter 37 of the 2020 Acts of Assembly, Special Session I, the amendments establish a new chapter, Regulations Governing the Virginia Community Policing Act (19VAC30-240), to (i) define the required data elements and format that are required to be collected by law-enforcement agencies; (ii) delineate the method and frequency of data submission by law-enforcement agencies; and (iii) set forth how the public may access the data collected and submitted.

Chapter 240

Regulations Governing the Virginia Community Policing Act

19VAC30-240-10. Collection and reporting of data.

A. All state and local law-enforcement agencies of the Commonwealth and its political subdivisions shall collect and report the data specified in subsections C and D of § 52-30.2 of the Code of Virginia in the format designated in this section. All data elements listed in this section are mandatory unless otherwise specified.

B. Incident details. The following information shall be collected and reported:

1. Record ID. A unique record identifier for each submitted stop assigned by the reporting agency to uniquely identify the stop (e.g., the CAD number, stop number). The identifier may contain up to 12 characters and must be alphanumeric (A through Z and 0 through 9) or a hyphen. A hyphen is the only special character permitted. No blank spaces are permitted. An officer's information may not be used as a unique record identifier.

2. Stop date. The date of the stop in the numeric format of MMDDYY (e.g., 030821 for March 8, 2021).

3. Originating agency identification (ORI) number. The nine-digit ORI assigned to the agency of the officer making the stop. The required format is the agency's nine-digit, alphanumeric number (e.g., VAVSP0000).

4. Location. The highway, address, intersection, or coordinates of the location of the stop and up to 45 alphanumeric or special characters may be used in this free text field. Global Positioning System (GPS) coordinates are preferred but not required. Text elements must be separated by a space and commas may not be used to identify the location.

5. Jurisdiction code. The jurisdiction code for the county or city in which the stop was initiated based on codes provided by Department of State Police. The code list is available at https://www.vsp.virginia.gov/afis/livescan/files/CityCountyCodesName Order.html.

6. Initial reason for stop. The initial reason for the stop using only the data values specified in the table in this subsection. Conclusions of the stop are gathered in a separate data element.

C. Individual or driver details. The following information shall be collected and reported:

1. Person type. Whether the person subject to the investigative detention stop is a driver, passenger, or pedestrian using only the data values specified in the table in this subdivision. This data must be collected on each person who is subject to an investigative detention.

2. Individual or driver race. The race of the individual or driver involved. using only the data values specified in the table in this subdivision.

3. Individual or driver ethnicity. The ethnicity of the individual or driver involved shall be indicated using only the data values specified in the table in this subdivision.

4. Individual or driver age. The actual age of the individual or driver involved as a two-character numeric value; a range may not be used. The numerals "01" through "98" must be used for persons age one year through 98 years, and the numeral "99" must be used for persons 99 years of age or older. The numeral "00" shall be used if the age is unknown.

5. Individual or driver gender. The gender of the individual or driver involved using "F" for female; "M" for male; or "O" for other, nonbinary, or Gender X.

6. Individual or driver English-speaking. Whether the individual or driver speaks English using "Y" for yes or "N" for no.

7. Action taken. The most serious action taken toward the individual or driver at the completion of the stop or as a result of the stop using only the data values specified in the table in this subdivision.

8. Specific violation. The most serious violation warned, cited, or arrested as a result of the stop, based on severity type (i.e., infraction, misdemeanor, or felony) and degree of the violation using only one Code of Virginia section. Refer to the Code of Virginia at https://law.lis.virginia.gov/vacode/ for a specific code section. Up to 20 alphanumeric characters, including hyphens, periods, colons, and parentheses (e.g., 46.2-870) may be used.

9. Virginia Crime Code (VCC) This incident detail is optional. The corresponding VCC code using the correct nine-character alphanumeric code for the code section charged if included. Refer to http://www.courts.state.va.us/courtadmin/aoc/djs/resources/ust/ust_table.pdf.

D. Additional stop details. The following information shall be collected and reported:

1. Persons searched. Whether the individual or driver was searched as a result of the stop using "Y" for yes and "N" for no.

2. Vehicle searched. Whether the vehicle was searched as a result of the stop using "Y" for yes and "N" for no. A vehicle inventory conducted incident to vehicle storage is not included in this incident detail.

3. Physical force used by officer. Whether the law-enforcement officer used physical force against any person using "Y" for yes and "N" for no.

4. Physical force used by subject. Whether the subject used physical force against any officers using "Y" for yes and "N" for no.

5. Residency. This incident detail is optional. Indicate the residency of the subject stopped. If included, use only the data values in the table in this subdivision.

19VAC30-240-20. Submission of data.

A. Collected data elements shall be submitted at least quarterly on or by the 15th day of the month following the last day that the data was collected. Agencies are permitted to submit their data either monthly or quarterly. Only one file per agency per reporting period may be submitted. If an agency has no data to report for a reporting period, the agency shall send an email to the address in subsection D of this section stating "no stop data" and including the agency's name and originating agency identification (ORI).

B. All data collected shall be submitted as a comma separated value (CSV) format. The data may be collected either by (i) using data extraction from Computer Aided Dispatch/Records Management System (CAD/RMS) or (ii) manually utilizing the Excel spreadsheet provided by the Virginia State Police. Agencies may request a copy of the Excel spreadsheet via the email address in subsection D of this section.

C. The file name for data submissions shall be submitted using the following format: ORI_Month Year or ORI_Quarter year.

D. The CSV file containing the agency's data submissions shall be sent by email to communitypolicingdata@vsp.virginia.gov.

19VAC30-240-30. Access to data.

Virginia Community Policing Act data is publicly available on the Virginia Open Data Portal websiteat https://data.virginia.gov/stories/s/rden-cz3h.