TITLE 4. CONSERVATION AND NATURAL RESOURCES
MARINE RESOURCES COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The
Marine Resources Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4006 A 11 of the Code of
Virginia; however, the commission is required to publish the full text of final
regulations.
Title of Regulation: 4VAC20-950. Pertaining to Black
Sea Bass (amending 4VAC20-950-45).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: June 1, 2018.
Agency Contact: Jennifer Farmer, Regulatory Coordinator,
Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News,
VA 23607, telephone (757) 247-2248, or email
jennifer.farmer@mrc.virginia.gov.
Summary:
The amendments establish the recreational black sea bass
fishing season for 2018 as February 1 through February 28 and May 15 through
December 31.
4VAC20-950-45. Recreational possession limits and seasons.
A. It shall be unlawful for any person fishing with hook and
line, rod and reel, spear, gig, or other recreational gear to possess more than
15 black sea bass. When fishing is from a boat or vessel where the entire catch
is held in a common hold or container, the possession limit shall be for that
boat or vessel and shall be equal to the number of persons on board legally licensed
to fish, multiplied by 15. The captain or operator of the boat or vessel shall
be responsible for that boat or vessel possession limit. Any black sea bass
taken after the possession limit has been reached shall be returned to the
water immediately.
B. Possession of any quantity of black sea bass that exceeds
the possession limit described in subsection A of this section shall be
presumed to be for commercial purposes.
C. The open recreational fishing season shall be from
February 1 through February 28, and May 15 through September
21, and October 22 through December 31.
D. It shall be unlawful for any person fishing recreationally
to take, catch, or possess any black sea bass, except during an open
recreational season.
E. It shall be unlawful for any person fishing recreationally
to take, catch, or possess any black sea bass from February 1 through February
28 without first having obtained a Recreational Black Sea Bass Permit from the
Marine Resources Commission. It shall be unlawful for any permittee to fail to
contact the Marine Resources Commission Operation Station before returning to
shore at the end of the fishing trip. The permittee shall provide the operation
station with his name, Marine Resources Commission identification (MRC ID)
number, the point of landing, a description of the vessel, and an estimated
return to shore time. Any such permittee shall submit a report for any
recreational black sea bass fishing trips, which incudes that permittee's MRC
ID number, the date of fishing, the mode of fishing, and the number of black
sea bass kept or released. That report shall be submitted to the commission or
to the Standard Atlantic Fisheries Information System no later than March 15 of
the current calendar year. Any authorized permittee shall allow commission
staff to sample the catch to obtain biological information for scientific and
management purposes only.
VA.R. Doc. No. R18-5524; Filed May 25, 2018, 9:33 a.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Proposed Regulation
REGISTRAR'S NOTICE: The Department of Criminal Justice Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 26 of the Code of Virginia, which exempts the department when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102 of the Code of Virginia, provided such actions are authorized by the Governor in the interest of public safety.
Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10 through 6VAC20-20-40, 6VAC20-20-70, 6VAC20-20-80, 6VAC20-20-90; adding 6VAC20-20-120, 6VAC20-20-130; repealing 6VAC20-20-20, 6VAC20-20-50, 6VAC20-20-61).
6VAC20-50. Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers (amending 6VAC20-50-10 through 6VAC20-50-40, 6VAC20-50-70, 6VAC20-50-80, 6VAC20-50-90; adding 6VAC20-50-120, 6VAC20-50-130; repealing 6VAC20-50-50, 6VAC20-50-60).
6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10 through 6VAC20-60-40, 6VAC20-60-70, 6VAC20-60-80, 6VAC20-60-90; adding 6VAC20-60-95; repealing 6VAC20-60-50, 6VAC20-60-60).
6VAC20-70. Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections (amending 6VAC20-70-10 through 6VAC20-70-40, 6VAC20-70-70, 6VAC20-70-100, 6VAC20-70-110; adding 6VAC20-70-25, 6VAC20-70-115; repealing 6VAC20-70-50, 6VAC20-70-60, 6VAC20-70-80, 6VAC20-70-90, 6VAC20-70-120, 6VAC20-70-130).
6VAC20-90. Rules Relating to Regional Criminal Justice Training Academies (amending 6VAC20-90-10 through 6VAC20-90-40; adding 6VAC20-90-60 through 6VAC20-90-130).
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 6VAC20-100-40, 6VAC20-100-70, 6VAC20-100-80, 6VAC20-100-90; adding 6VAC20-100-25; repealing 6VAC20-100-50, 6VAC20-100-60, 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: August 13, 2018.
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.
Summary:
The proposed amendments to all chapters (i) separate agency responsibility and academy responsibility; (ii) codify Department of Criminal Justice Services practice and policy; (iii) clarify that training extensions will not be granted for failing to pass or meet compulsory minimum training standards and requirements; and (iv) correct and update Code of Virginia citations and address inconsistent terminology, definitions, and processes.
Additionally, proposed amendments to 6VAC20-90 (i) provide training academies clear instructions on the requirements for certification and recertification; (ii) codify the current department policy and practice, which requires academies meet 100% of the certification standards identified in the Certified Criminal Justice Training Academy Certification Checklist and Report for initial certification and the Certified Criminal Justice Training Academy Recertification Checklist and Report for recertification; (iii) describe the process, responsibilities, and timeline for reassessment and the application of enforcement actions, including probation, suspension, and revocation, in detail; (iv) describe the appeal process, including an initial appeal to the director of the department and a second opportunity to appeal to the Executive Committee of the Criminal Justice Services Board; and (v) identify the process for creating a regional academy, those regional academies eligible to receive state funding, and the department's ability to suspend or revoke the certification of a certified training academy.
6VAC20-20-10. 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 or local law-enforcement agency.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local units unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified academies. Four members of the committee shall represent regional criminal justice academies, four members of the committee shall represent independent criminal justice academies, and one member shall represent the Department of State Police Training Academy. 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 or his the director's designee.
"Requirements" means the core elements an officer needs to accomplish to obtain law-enforcement certification.
6VAC20-20-20. Compulsory minimum training standards. (Repealed.)
Pursuant to the provisions of subdivision 2 of § 9-170 of the Code of Virginia, the department establishes these standards for compulsory minimum training for full-time and part-time law-enforcement officers.
6VAC20-20-21. Performance outcomes and minimum hours required Compulsory minimum training standards and requirements.
A. Pursuant to the provisions of subdivision 2 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for Law-Enforcement Officers. The complete document may be found on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov compulsory minimum training for full-time and part-time law-enforcement officers.
B. Academy training.
1. Category 1 - Professionalism
2. Category 2 - Legal Issues
3. Category 3 - Communications
4. Category 4 - Patrol
5. Category 5 - Investigations
6. Category 6 - Defensive Tactics/Use of Force
7. Category 7 - Weapons Use
8. Category 8 - Driver Training
9. Category 9 - Physical Training (Optional)
ACADEMY TRAINING HOURS - 480 (excluding Category 9)
C. Field training.
Category 10 - Field Training
FIELD TRAINING HOURS - 100
TOTAL MINIMUM TRAINING STANDARDS HOURS - 580 (excluding Category 9)
B. An individual hired as a law-enforcement officer as defined in § 9.1-101 of the Code of Virginia shall comply with the following law-enforcement certification requirements:
1. Successfully complete law-enforcement basic training at a certified training academy, which includes receiving a minimum of 480 hours of department approved training in the following categories:
a. Professionalism,
b. Legal,
c. Communication,
d. Patrol,
e. Investigations,
f. Defensive tactics and use of force,
g. Weapons, and
h. Driver training.
2. Successfully complete a minimum of 100 hours of approved training in the category of field training by meeting or exceeding the field training performance outcomes identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Law-enforcement officers become certified upon meeting all compulsory minimum training standards and requirements that include documented completion of all performance outcomes, the law enforcement certification exam, and field training.
6VAC20-20-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories and hours of the compulsory minimum training standards identified in 6VAC20-20-21. Amendments to training categories and hours 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 (COT) of the Criminal Justice Services Board board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), an interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the hours and training categories will only be made in accordance with the provisions of the Administrative Process Act by the CRC. The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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 COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-20-30. Applicability.
A. Every A person employed as a full-time or part-time law-enforcement officer, as defined by § 9-169 (9) § 9.1-101 of the Code of Virginia, subsequent to after July 1, 1971, shall satisfactorily complete the compulsory minimum training standards and the requirements for law-enforcement officers as identified in 6VAC20-20-21 and 6VAC20-20-40.
B. The director may grant an exemption or partial exemption from the compulsory minimum training standards and the requirements set forth in 6VAC20-20-21 to a law-enforcement officer of any a political subdivision of the Commonwealth who has had previous experience and training as provided in § 9-173 § 9.1-116 of the Code of Virginia.
C. Any A person not employed as a full-time or part-time law-enforcement officer on July 1, 1971, who remains out of law-enforcement law enforcement for more than 24 months, upon reappointment as a full-time or part-time law-enforcement officer, shall be required to comply with the compulsory minimum training standards and the requirements identified in 6VAC20-20-21 unless provided otherwise in accordance with subsection B of this section.
6VAC20-20-40. Time requirement for completion of training.
A. Every law-enforcement officer who is Law-enforcement officers required to comply with the compulsory minimum training standards requirements of 6VAC20-20-21 shall satisfactorily complete such training the requirements within 12 months of the date of hire or appointment as a law-enforcement officer.
B. The director, or his the director's designee, may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions and requirements for the following reasons:
1. Illness Medical condition;
2. Injury;
3. Military service; or
4. Special duty assignment required and performed in the public interest;
5. Administrative leave involving the determination of worker's compensation or disability retirement issues, full-time educational leave or suspension pending investigation or adjudication of a crime; or.
6. Any other reason documented by the agency administrator. Such reason shall be specified and
C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for:
1. Failing to pass compulsory minimum training standards and requirements within specified time limits.
2. Failing the certification examination.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
C. F. Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards and requirements within 12 months of employment hire or appointment as a law-enforcement officer, or who do not receive an extension of the time limit for completion of training the requirements, shall be subject to the provisions of § 9-181 § 9.1-115 of the Code of Virginia.
G. The department shall notify the agency administrator of any officer individuals not in compliance with the requirements of this section.
6VAC20-20-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives and criteria at a certified training academy and the successful completion of field training objectives unless otherwise provided by 6VAC20-20-30 B.
B. Officers attending approved training are required to attend all classes and shall not be placed on duty or call except in cases of emergency.
6VAC20-20-61. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need which contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship which renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training, in-service training, recertification training, specialized training and instructor certification.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection B of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
D. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
E. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
F. A certified training academy is subject to inspection and review by the director or his staff.
G. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-20-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures which indicate that every officer has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Officers shall comply with the requirements of subdivision B 1 of 6VAC20-20-21.
2. Each officer shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. An officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Law-enforcement certification exam. Upon documented compliance with the compulsory minimum training standards identified in subdivision B 1 of 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
6VAC20-20-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of officers, visitors, or personnel may be expelled from the academy.
C. Notification of such action shall an expulsion will 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 and the department.
6VAC20-20-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved by the department and at such times as designated by the director. Law-enforcement agencies will receive a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The law-enforcement agency shall complete the department authorized field training completion form (Form B-13) documenting the completion of field training for officers.
C. The agency administrator shall forward a properly executed field training form sign and submit the field training completion form to the department for each officer, within 12 months of employment hire or appointment.
C. The academy director shall, within 30 days upon completion of approved training, comply with the following:
1. Submit to the department a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives, hours and instructor names listed.
D. The academy director shall furnish each instructor with the applicable performance outcomes, criteria and lesson plan guides for assigned subject matter. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-20-120. Certification status and in-service training.
A. All full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Officers shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-20-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-20)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, eff. 1/91
Field Training: Law Enforcement, B-13, rev. 1/98
Criminal Justice Training Roster, Form 41, rev. 4/94
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2, (rev. 5/2018)
Field Training: Law Enforcement, B-13, (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-20)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-50-10. 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 agency head of a local correctional facility as defined in § 53.1-1 of the Code of Virginia.
"Academy director" means the chief administrative officer of a certified training academy.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes, training objectives, criteria for testing, and lesson plan guides approved by the Committee on Training and the minimum hours approved by the board.
"Curriculum Review Committee" or "CRC" means a committee consisting of nine individuals representing the conduct of entry-level jailor or custodial officer, courthouse and courtroom security officer, and process service officer training. The composition of the committee shall be three representatives of sheriffs' offices, three representatives of regional jails, two and three representatives from academies, and one representative of the Department of Criminal Justice Services Jails Training Unit. The Committee on Training shall appoint the members of the Curriculum Review Committee.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"School director" means the chief administrative officer of an approved training school.
"Requirements" means the core elements a jail officer, deputy sheriff, court security officer, or civil process officer needs to accomplish to obtain department certification.
6VAC20-50-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivisions 7, 8, and 9 of § 9.1-102 and § 53.1-120 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for full and part-time Jailors or Custodial Officers, Courthouse and Courtroom Security Officers, and Process Service Officers. The complete document may be found on the Department of Criminal Justice Services' website at www.dcjs.virginia.gov. compulsory minimum training standards for full-time and part-time deputy sheriffs and jail officers as defined in § 53.1-1 of the Code of Virginia; persons designated to provide courthouse and courtroom security pursuant to § 53.1-120 of the Code of Virginia; and persons designated to serve process pursuant to § 8.01-293 of the Code of Virginia.
B. Academy training categories - Jailor Individuals hired as deputy sheriffs or jail officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires deputy sheriffs and jail officers comply with the following:
1. Successfully complete jail officer department approved training at a certified training academy in the following categories:
1. a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. Operations d. Jail operations;
5. e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. h. Driver Training training and transportation.
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Jailor or Custodial Officer Field Training Category 9
D. Academy training categories – Courthouse and Courtroom Security Officer.
Individuals hired as courthouse and courtroom security officers shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete courthouse and courtroom security officers department approved training at a certified training academy in the following categories:
1. Court Security a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Court Security Operations security operations;
5. Court Security e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. Transportation h. Driver training and transportation.
E. Courthouse and Courtroom Security Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
D. Individuals hired as deputy sheriffs and designated to serve process shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete process service officer department approved training at a certified training academy in the following categories:
F. Academy training categories – Process Service Officer.
1. Process Service Officer Operations a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Civil Process Operations process operations;
5. Civil Process Investigations
6. e. Defensive Tactics/Use tactics and use of Force force;
7. f. Weapons Use; and
8. Transportation g. Driver training.
G. Process Service Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-50-21. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-50-20. Amendments to the 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.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee CRC. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the training categories will only be made in accordance with the provisions of the Administrative Process Act The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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. COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-50-30. Applicability.
A. Every A person employed as a jailor or custodial sheriff deputy or jail officer as defined in § 53.1-1 of the Code of Virginia and in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards and requirements established in subsections subsection B, C, and D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
B. Every person employed as a Courthouse and Courtroom Security Officer courthouse and courtroom security officer in accordance with subdivision 7 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards established in subsections E and F subsection C of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
C. Every person employed as a Deputy Sheriff Designated to Serve Process deputy sheriff designated to serve process in accordance with § 15.2-1612.1 of the Code of Virginia shall meet compulsory minimum training standards established in subsections G and H subsection D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
D. The director may grant an exemption or partial exemption of the compulsory minimum training standards as established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who originally complied with all applicable training requirements and later separated from deputy sheriff, jail officer, courthouse and courtroom security officer, and deputy sheriff designated to serve process status in excess of 24 months, upon reentry as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process will be required to complete all compulsory minimum training standards in accordance with 6VAC20-50-20 unless provided otherwise in accordance with subsection D of this section.
6VAC20-50-40. Time requirement for completion of training.
A. Every jailor or custodial officer, courthouse and courtroom security officer and process service officer Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who is are required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment or hire as a jailor or custodial officer, courtroom security officer or process service officer deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process unless provided otherwise in accordance with subsection B of this section.
B. The director or director's designee may grant an extension of the time limit for completion of the compulsory minimum training required upon presentation of evidence by the agency administrator that such officer was unable to complete the required training within the specified time limit due to illness, injury, military service, special duty assignment required and performed in the public interest or leave without pay or suspension pending investigation or adjudication of a crime. The agency administrator shall request such extension prior to expiration of any time limit.
C. Any jailor or custodial officer, courthouse and courtroom security officer or process service officer who originally complied with all applicable training requirements and later separated from jailor or custodial officer, courtroom security officer, process service officer status, in excess of 24 months, upon reentry as a jailor, courthouse and courtroom security officer/process server will be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-50-30 D. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. The director or director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who do not satisfactorily complete the compulsory minimum training standards and requirements within 12 months of hire or appointment as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process, or who do not receive an extension of the time limit for completion of the requirements, shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
6VAC20-50-50. How compulsory minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing performance outcomes at certified training academy and field training requirements.
B. Officers attending a certified training academy are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
C. All certified training academies that begin on or after July 1, 2007, shall be conducted in conformance with the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006. However, the period July 1, 2007, through June 30, 2008, shall serve as a transition period wherein certified training academies may be approved by the department to conduct training according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial/Courthouse and Courtroom Security Officers/Deputy Sheriffs Designated to Serve Process as amended by the board on April 4, 1990, or according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006.
6VAC20-50-60. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. Provide a full range of training to include entry-level training, in-service training, instructor certification and recertification training and specialized training.
2. Assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. Maintain a training facility adequate to conduct training in accordance with academy certification standards.
4. Commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification, as outlined in subsection B of this section, to the Committee on Training, which shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process and be in compliance with § 15.2-1747 of the Code of Virginia.
D. Each certified academy director shall maintain a file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards. The certified training academy shall submit to the department its curriculum and other information as designated within time limits established by the department.
E. Certified academies that are approved shall be subject to inspection and review by the director.
F. The department may suspend or revoke the approval of a certified training school academy upon written notice to the academy's director. The notice shall contain the reason(s) upon which the suspension or revocation is based. The academy's 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 days of the date of the notice of suspension/revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-50-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every officer, prior to satisfactory completion of the training, has passed the criteria for testing and met the training objectives related to each performance outcome specified in the document entitled "Performance Outcomes for Compulsory Minimum Training Standards for Jailors or Custodial Officer, Courthouse and Courtroom Security Officers and Process Service Officers."
A. Attendance.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of emergency (e.g., natural disaster, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT of the board.
2. The officer may be tested and retested as may be necessary within the time limits of 6VAC20-50-40 A and each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-50-80. Failure to comply with rules and regulations.
Any individual A. Individuals 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the academy, the academy director may expel the officer from the academy or the safety of officers, visitors, or personnel may be expelled. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the officer in accordance with rules and regulations within the authority of the certified training academy individual and the department.
6VAC20-50-90. Administrative requirements.
The academy director shall maintain a final curriculum that includes performance outcomes, hours and instructor names.
A. Criminal justice agencies will receive a roster containing the names of those deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, and Form CP-1) documenting the completion of field training for officers.
C. The agency administrator shall sign and submit the field training completion form to the department for each officer within 12 months of hire or appointment.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-50-120. Certification status and in-service training.
A. Full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-50-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member or a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-50)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 8/05)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
Field Training: Jail Deputy and Jail Officer, J-1, (5/2018)
Field Training: Court Security Officer, CS-1, (5/2018)
Field Training: Civil Process Officers, CP-1, (5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-50)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
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 non-law-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 or recertification standards and operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" means the committee consisting of the following nine individuals: two members of the committee shall represent regional criminal justice academies, 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 department or the director's designee.
"Dispatcher" means any person employed by or in any local or state government agency either full time or part-time 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.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-60-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivision 10 of § 9.1-102 (10) of the Code of Virginia, the department under the direction of the board establishes the categories of training as listed below in subsection B of this section as the compulsory minimum training standards for dispatchers: whose duties include dispatching for law enforcement.
B. Individuals hired as dispatchers shall meet or exceed the compulsory minimum training standards in the following categories at a certified training academy:
1. Category 1 - Communications. Communication;
2. Category 2 - Dispatcher Judgment. judgment;
3. Category 3 - Legal Issues.; and
4. Category 4 - Professionalism.
5. Category 5 - On-the-Job Training.
C. Individuals hired as dispatchers shall meet or exceed the performance outcomes in the category of on-the-job training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-60-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-60-20. 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 (COT) shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, non-law-enforcement head of a communications center, or the Curriculum Review Committee (CRC).
2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed by the CRC. The CRC shall present recommendations for revisions to the COT.
Prior to C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department Department shall notify each certified training academy in writing of any new, revised, or deleted objectives COT approved revisions. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-60-30. Applicability.
A. All Full-time or part-time dispatchers employed by or in any local or state government agency whose duties include the dispatching of law-enforcement personnel and who were hired on or after July 1, 1988, must meet compulsory minimum training standards established at the time of their appointment, and requirements as identified in 6VAC20-60-20 and 6VAC20-60-40 unless provided otherwise in accordance with subsection B of this chapter section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-40. Time requirement for completion of training.
A. Every dispatcher who is Dispatchers required to comply with the compulsory minimum training standards must satisfactorily complete the required training set forth in 6VAC20-60-20, within 24 months of the date of appointment as a dispatcher, 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 compulsory minimum training standards under and requirements for the following conditions: reasons.
1. The chief of police, sheriff, or agency administrator shall present written notification that the dispatcher was unable to complete the required training within the specified time limit due to:
a. Illness 1. Medical condition;
b. 2. Injury;
c. 3. Military service; or
d. Special duty assignment required and performed in the public interest;
e. 4. Administrative leave involving the determination of workers' compensation or disability retirement issues, or suspension pending investigation or adjudication of a crime; or.
f. Any other reason documented by the agency administrator. Such reason must be specific and any C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
2. Any extension granted under subdivision 1 e of this subsection shall require the dispatcher to complete compulsory minimum training prior to resuming job duties. Requests may be granted for periods not to exceed 12 months.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
3. Dispatchers who do not satisfactorily complete compulsory minimum training standards within 24 months of appointment as a dispatcher and who do not receive an extension of the time limit for completion of the requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
3. The agency administrator must request such extension prior to expiration of any time limit.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives at a certified training academy and the successful completion of on-the-job training objectives as provided by 6VAC20-60-30 B.
B. Dispatchers attending compulsory minimum training at a certified training academy are required to attend all classes and should not be placed on duty or call except in cases of emergency.
C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin January 1, 2002. During the transition period, certified training academies may conduct dispatcher entry-level training using the performance objectives within the "Rules Relating to Compulsory Minimum Training Standards for Dispatchers," effective January 1, 1994, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective January 1, 2003, all entry-level training programs shall meet the requirements of 6VAC20-60-100.
6VAC20-60-60. Approved training schools. (Repealed.)
A. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department the curriculum and other information as designated, within time limitations established by the department.
B. Each academy director will be required to maintain a file of all current lesson plans and supporting materials for each subject contained in the compulsory minimum training standards.
C. A certified training academy is subject to inspection and review by the director or staff.
D. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
E. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training and specialized training.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training related functions and instructor certification.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
F. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection D of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
G. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
H. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives, and shall provide this information to the director upon request.
I. A certified training academy is subject to inspection and review by the director or his staff.
J. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-60-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every dispatcher has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Dispatchers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place dispatchers on duty or on call and shall advise the academy director within 24 hours.
2. Dispatchers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Dispatchers shall comply with the requirements of 6VAC20-60-20.
2. Each dispatcher shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. A dispatcher may be tested and retested as may be necessary within the time limits of 6VAC20-60-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Every individual attending compulsory minimum training shall satisfactorily complete each required performance outcome, training objective, and criteria, and any optional job related subject performance requirements, where applicable. Any individual who fails to satisfactorily complete any performance outcomes or objectives in any subject will be required to attend that subject in a subsequent approved dispatcher training school and satisfactorily complete the required performance objective or objectives.
6VAC20-60-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified training academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the dispatcher and the director individual and the department.
6VAC20-60-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved or provided by the department and at such times as designated by the director. Agencies will receive a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the department authorized on-the-job training completion form (Form D-1) documenting the completion of on-the-job training for dispatchers.
C. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-60-40, sign and forward a properly executed on-the-job training form to the department for each dispatcher.
C. The academy director shall, within 30 days upon completion of the dispatcher training:
1. Submit to the department a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives and instructor names listed.
D. The academy director shall furnish each instructor with the performance based training and testing objectives for the assigned subject matter.
E. Each certified training academy shall maintain accurate records of all tests, grades and testing procedures.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and the Virginia Public Records Act §§ 42.1-67 through 42.1-91 (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-60-95. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-60)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, rev. 04/10.
On the Job Training Dispatchers, Form D-1, rev. 09/02.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
On the Job Training Dispatchers, Form D-1 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-60)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-70-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning meanings, unless the context clearly indicates otherwise.:
"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.
"Academy director" means the chief administrative officer of a certified training academy.
"Agency administrator" means any chief of police, sheriff, agency head of a state or local law-enforcement agency, or the director of the Department of Corrections or his designee.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 the Department of Corrections administration.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Noncustodial employee" includes means those employees specifically designated by the director of the Department of Corrections who, by their appointment, must carry a weapon.
"School director" means the chief administrative officer of an approved training school.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-70-20. Compulsory minimum training standards for noncustodial employees.
Pursuant to the provisions of §§ 18.2-308 (5), 19.2-81.2, 9-170 and 53.1-29 of the Code of Virginia, the board establishes the following as the compulsory minimum training standards for noncustodial employees of the Department of Corrections:
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|
|
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Hours
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|
1. General
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|
1
|
|
|
a. Orientation
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|
|
|
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b. Evaluation
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|
|
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2. Skills
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|
4
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|
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a. Firearms (Four hours classroom plus range firing)
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|
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3. Legal Matters
|
|
3
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|
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a. Corrections and Related Law
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1
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|
|
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b. Legal Responsibility and Authority of Employees
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2
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TOTAL
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8 plus range
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A. Pursuant to the provisions of § 9.1-102 of the Code of Virginia, the department under the direction of the board shall establish the compulsory minimum training standards for the Department of Corrections, Division of Adult Institutions. Pursuant to §§ 19.2-81.2 and 53.1-29 of the Code of Virginia noncustodial employees of the Department of Corrections who have the authority to detain an individual and noncustodial employees who have been designated to carry a weapon by the Director of the Department of Corrections shall meet or exceed the compulsory minimum training standards at a certified training academy or satellite facility.
B. Noncustodial employees shall comply with the following noncustodial employee training that includes receiving a minimum of 80 hours of department approved training in the following categories:
1. Security and supervision;
2. Communication;
3. Safety;
4. Emergency response;
5. Conflict and crisis management;
6. Law and legal;
7. Duty assignments and responsibilities;
8. Professionalism; and
9. Firearms training.
6VAC20-70-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-70-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-70-30. Applicability.
Every A. A person employed in a noncustodial position who by appointment to that position has been designated by the Director of the Department of Corrections to carry a weapon must shall meet the requirements and compulsory minimum training standards herein established in 6VAC20-70-20 and 6VAC20-70-40.
B. Noncustodial employees meeting all of the following conditions shall not be required to complete the compulsory minimum training standards:
1. The noncustodial employee was previously employed as a corrections officer;
2. The noncustodial employee originally complied with all the compulsory minimum training requirements of 6VAC20-100 (Rules Relating to compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions); and
3. At the time of appointment a period of 24 months or less has passed since the noncustodial employee served in the position of a corrections officer.
6VAC20-70-40. Time required for completion of training.
A. Every No noncustodial employee, so designated as defined in this chapter, shall not carry a weapon until the compulsory minimum training standards as set forth in 6VAC20-70-20 have been satisfactorily completed.
B. Every noncustodial employee, so designated as defined in this chapter, shall satisfactorily complete the compulsory minimum training standards for noncustodial employees within 120 days 12 months of assuming a position which that is designated as a noncustodial position.
C. The director may grant an extension of the time limit for completion of the compulsory minimum training standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
D. The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
E. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
F. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or correctional officer status for a period of 24 months or less, upon reentry as a noncustodial employee, shall be required to complete compulsory in-service training and complete annual firearms training set forth in 6VAC20-70-115.
G. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or corrections officer status for a period greater than 24 months, upon reentry as a noncustodial employee, shall be required to complete all compulsory minimum training standards set forth in this chapter.
6VAC20-70-50. How compulsory minimum training standards may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Noncustodial employees attending an approved training school are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
6VAC20-70-60. Approved training schools. (Repealed.)
A. Noncustodial employees training schools must be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools 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, instructors, dates and times for the entire proposed training session shall be submitted to the department 30 days prior to the beginning of each proposed session. An exemption to the 30 day requirement may be waived for good cause shown by the school director.
B. Each school director will be required to maintain a current file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved will be subject to inspection and review by the director or staff, or both.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-70-70. Grading Attendance, requirements, testing, and grading.
A. All written examinations shall include a minimum of two questions for each hour of mandatory instruction. This requirement likewise includes the classroom instruction on performance-oriented subject matter.
B. All noncustodial employees shall attain a minimum grade of 70% in each grading category to satisfactorily complete the compulsory minimum training standards. Any noncustodial employee who fails to attain the minimum 70% in any grading category will be required to take all subjects comprising that grading category in a subsequent approved training school.
A. Attendance.
1. Noncustodial employees attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, riot, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place the noncustodial employee on duty or on call and shall advise the academy director within 24 hours.
2. Noncustodial employees shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Noncustodial employees shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A noncustodial employee may be tested and retested as may be necessary within the time limits of 6VAC20-70-40 and each certified training academy's written policy. A noncustodial employee shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Approved noncustodial employee training schools shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-70-80. Firearms. (Repealed.)
The following firearms training will be applicable to noncustodial employees of the Department of Corrections who have been designated to carry a weapon:
1. Classroom - Service handgun, shotgun and special weapons (four hours).
a. Nonmenclature and Care of Weapons
b. Safety
c. Legal Aspects of Firearms Use
d. Principles of Shooting
e. Special Weapons (as utilized by the Department of Corrections) - Familiarization, no firing
2. Range.
a. Service Handgun.
(1) combat course (double action)
60 rounds
Silhouette Target
Qualification - 70% (5 points per hit on silhouette)
(Minimum 210 points out of a possible 300 points)
(2) Course.
7 yards - two handed crouch - 6 rounds (one on whistle)
7 yards - two handed crouch - 6 rounds (two on whistle)
7 yards - two handed crouch - 12 rounds (30 seconds from whistle)
15 yards - two handed point shoulder - 6 rounds (one on whistle)
15 yards - two handed point shoulder - 6 rounds - (two on whistle)
15 yards - two handed point shoulder - 12 rounds (30 seconds from whistle)
25 yards - two handed point shoulder - 6 rounds (10 seconds/right hand)
25 yards - two handed point shoulder - 6 rounds (10 seconds/left hand)
b. Shotgun
10 rounds
Bobber Target
No. 4 Buck
Qualification - 80% (10 points per hit on bobber target)
25 yards - shoulder position - 10 rounds
6VAC20-70-90. Recertification. (Repealed.)
A. All noncustodial employees shall recertify every other calendar year by satisfactorily completing the firearms training set forth in 6VAC20-70-80. The specific time frame for compliance by currently certified noncustodial employees is enumerated in subsections C and D. Any noncustodial employee who does not comply as set forth below in subsections C and D shall be subject to the provisions of § 9-181 of the Code of Virginia.
B. All noncustodial employees shall be required to qualify annually with service handgun and shotgun in accordance with 6VAC20-70-80.
C. All noncustodial employees whose recertification due date is in 1987 shall comply with the recertification requirements by December 31, 1987, and thereafter by December 31 of every other calendar year.
D. All noncustodial employees whose recertification due date is in 1988 shall comply with the recertification requirements by December 31, 1988, and thereafter by December 31 of every other calendar year.
6VAC20-70-100. Failure to comply with rules and regulations.
A. Noncustodial employees Any individual attending an approved training school certified training academy shall comply with the rules and regulations promulgated by the department and any other rules and regulations within the authority of the school director board. The academy director of the school shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
If the school director considers a violation of the rules and regulations B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director may expel the noncustodial employee certified training academy or the safety of the noncustodial employees, officers, visitors, or personnel may be expelled from the school academy.
Consistent with Department of Corrections' policy, notification of such action shall C. Notification of an expulsion will immediately be reported in writing to the supervisor of the individual expelled and the appropriate Department of Corrections Division Director agency administrator or designee and the department.
6VAC20-70-110. Administrative requirements.
A. Reports will be required from the school director on forms approved by the department and at such times as designated by the director.
B. The school director shall, within 30 days upon completion of an approved training school, comply with the following:
1. Submit to the department a roster containing the names of those noncustodial employees who have satisfactorily completed all training requirements and, if applicable, a revised curriculum for the training session.
C. The school director shall furnish each instructor with a complete set of course resumes and objectives for the assigned subject matter.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-70-115. In-service training and annual firearms training.
A. Every two years, noncustodial employees as defined in 6VAC20-70-10 shall complete a total of 40 hours of in-service training as identified in this subsection by December 31 of the second calendar year after completing approved training at a certified training academy or satellite facility.
1. Cultural diversity training for two hours.
2. Legal training for four hours.
3. Career development or elective training for 34 hours. Subjects to be provided are at the discretion of the academy director.
B. Firearms training. Every noncustodial employee required to carry a firearm in the performance of duty shall qualify annually using the applicable firearms course approved by the COT of the board. Annual range qualification shall include a review of issues and policies relating to weapons safety, nomenclature, maintenance, and use of force. With prior approval of the director, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.
6VAC20-70-120. Effective date. (Repealed.)
These rules shall be effective on and after July 1, 1987, and until amended or repealed.
6VAC20-70-130. Adopted: October 12, 1979. (Repealed.)
Amended: April 1, 1987.
FORMS (6VAC20-70)
Criminal Justice Training Roster, Form 41, eff. 1/93.
CHAPTER 90
RULES RELATING TO REGIONAL CRIMINAL JUSTICE TRAINING ACADEMIES
6VAC20-90-10. 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 or local law-enforcement agency.
"Approved training" means any training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department.
"External classroom" means a training room approved by the department located away from the certified academy, which the certified academy uses to conduct mandated training, using full-time academy staff with general instructorships.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Regional Academy" means Regional Criminal Justice Training Academy.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-90-20. Designation.
A. The regional academies set forth below in this subsection are designated as regional academies and are eligible to receive allocated funds from the department.
Cardinal Criminal Justice Academy
Salem, Virginia
Central Shenandoah Criminal Justice Training Academy
Waynesboro, Virginia
Central Virginia Criminal Justice Academy
Lynchburg, Virginia
Crater Criminal Justice Academy
Petersburg, Virginia
Hampton Roads Regional Academy of Criminal Justice
Newport News, Virginia
New River Criminal Justice Training Academy
Radford, Virginia
Northern Virginia Criminal Justice Academy
Ashburn, Virginia
Piedmont Regional Criminal Justice Training Academy
Martinsville, Virginia
Rappahannock Regional Criminal Justice Academy
Fredericksburg, Virginia
Skyline Regional Criminal Justice Academy
Front Royal, Virginia
Southwest Law Enforcement Virginia Criminal Justice Academy
Bristol, Virginia
B. Jurisdictions may operate their own certified independent training academies if approved by the department; however, no state funds will be available for such academies. A jurisdiction, within or without the Commonwealth, may join a regional academy at any time subject to complying with the policies established by the board requirements of §§ 15.2-1300 and 15.2-1747 of the Code of Virginia, and this chapter.
C. A regional academy site may be changed by the academy governing body with the approval of the board.
D. Training, where practical, shall be conducted at designated satellite locations throughout the geographical confines of the regional academy to ensure minimum travel for student officers.
E. The board shall define geographical boundaries of designated regional academies.
6VAC20-90-30. Academy governing body.
Each regional academy shall have a charter, which shall be established in accordance with § §§ 15.2-1300 and 15.2-1747 of the Code of Virginia. The charter shall, in accordance with guidelines established by the board, create an academy governing body and specify the composition, authority and functions of the academy governing body and selection criteria and duties of the regional academy director.
6VAC20-90-40. Funds.
The department will disburse funds to the regional academies designated in 6VAC20-90-20 in accordance with the appropriations made to the department for the purpose of providing financial support to the regional training academies. Financial reports An operating budget and independent audit by a third-party auditor will be required as determined by the department to be submitted to the department annually.
6VAC20-90-60. Academy creation.
A. Conduct training needs assessment. To determine if a need exists for the creation of a certified training academy, a state or local unit of government must complete a training needs assessment. The needs assessment will evaluate the following:
1. The inability to obtain adequate training from existing academies.
2. A hardship that renders the use of other existing academies impractical.
3. The number of criminal justice professionals (i.e., students) the certified training academy would serve.
4. That there are a sufficient number of criminal justice professionals, financial resources, and academy personnel to support the creation and maintenance of a full-time regional or independent training academy for a minimum of five years.
B. Identify and acknowledge commitments. The state or local unit of government shall in writing make the following commitments:
1. The provision of a full range of training to include basic training, in-service training, and instructor certification and recertification training.
2. The assignment of one position with primary responsibility as academy director and one clerical, financial officer, or support position to support training and training-related functions.
3. The provision of adjunct instructors to instruct classes and courses.
4. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
5. The commitment of sufficient funding to adequately support the training function.
C. Review and consideration.
1. The state or local governmental unit shall submit a training needs assessment and written commitments to the Committee on Training (COT) as described in subsections A and B of this section.
2. The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.
3. If the COT recommends the creation of the proposed academy, the department shall make a determination as to whether the creation of an academy is warranted.
a. If the creation of a regional academy is approved by the department, the governing bodies or political subdivisions of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of § 15.2-1747 of the Code of Virginia.
b. If the creation of an independently operated academy is approved by the department, the governing body of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of subsection D of § 15.2-1747 of the Code of Virginia.
6VAC20-90-70. Academy certification.
A. An academy shall not conduct mandated training until the academy meets all certification requirements.
B. Training academies, all places of operation (i.e., satellite facilities, external classrooms, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced or unannounced.
C. The academy must formally request academy certification status from the department and meet the following requirements:
1. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy certification.
2. The academy shall meet 100% the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
3. Certification is valid for one year from the date of certification.
a. In order to maintain certification status, the academy must successfully complete the academy recertification process before the expiration of the original certification.
b. The recertification will extend the expiration date to June 30 of the third year following the date of recertification.
D. If the academy does not meet one or more certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report:
1. The academy director will receive written notification of the certification standards that have not been met and the date when a reassessment will be conducted.
2. The department shall provide the written notification and date of reassessment within five business days of the last date of assessment.
3. The academy will be given time to correct the situation, not to exceed 60 days.
4. Department staff shall reassess the academy. If the academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator or board chairman of the academy. The academy will have a maximum of 30 days to comply with all certification standards.
5. A second reassessment will be conducted no later than 30 days following the first reassessment. If the academy is still not in compliance with all certification standards at the time of the second reassessment, the department shall not certify the academy.
6. The academy director may appeal the findings of the academy certification to the director. The decision of the director is final.
E. Academies failing to meet the certification requirements or losing on appeal shall restart the academy certification process identified within this section beginning with 6VAC20-90-70 C.
6VAC20-90-80. Academy recertification.
A. A certified training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.
B. A certified training academy, all places of operation (i.e., satellite facilities, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced and unannounced.
C. The certified training academy must successfully complete the academy recertification process before June 30 of the third year from the last date of recertification.
D. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy recertification.
1. The certified training academy shall meet 100% of the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
2. If the certified training academy does not meet one or more recertification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report:
a. The academy director will receive written notification of the recertification standards that have not been met along with a department drafted corrective action plan and the date when a reassessment will be conducted within five business days from the last date of assessment.
b. The certified training academy will be given time to correct the situation, not to exceed 60 days.
c. The department staff shall reassess the certified training academy. If the certified training academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator, or board chairman of the certified training academy. The certified training academy will have a maximum of 30 days to comply with all certification standards.
d. A second reassessment will be conducted no later than 30 days following the first reassessment. If the certified training academy is still not in compliance with all certification standards at the time of the second reassessment, the director shall suspend the academies certification in accordance with 6VAC20-90-100 and conduct a hearing within 30 days to determine the status of the academy's certification.
E. The director shall review all pertinent documents.
1. The academy will have an opportunity to make a verbal presentation.
2. After a review of all pertinent information, the director shall determine the status of the academy certification.
F. The academy director may seek appeal to the enforcement actions identified in 6VAC20-90-100 of the academy recertification assessment.
1. The academy director may request a hearing before Executive Committee of the Criminal Justice Services Board. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of probation, suspension, or revocation.
2. The academy will have an opportunity to make a verbal presentation before the executive committee.
3. After a review of all pertinent information, the executive committee shall determine the status of the certification.
6VAC20-90-90. Training requirements, approvals, audits, inspections, and reviews.
A. The certified training academy shall conduct mandated (e.g., basic) training using the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards for:
1. Law enforcement officers in accordance with the requirements of 6VAC20-20-21 B 1.
2. Deputy sheriffs and jail officers in accordance with the requirements of 6VAC20-50-20 B 1.
3. Courthouse and courtroom security officers in accordance with the requirements of 6VAC20-50-20 C 1.
4. Deputy sheriffs designated to serve process in accordance with the requirements of 6VAC20-50-20 D 1.
5. Dispatchers in accordance with the requirements of 6VAC20-60-20 B.
6. Noncustodial employees of the Department of Corrections designated by the Director of the Department of Corrections to carry a weapon in accordance with the requirements of 6VAC20-70-20.
7. Correctional officers of the Department of Corrections in accordance with the requirements of 6VAC20-100-20 B 1.
B. The certified training academy shall submit to the department its curriculum containing the performance outcomes, instructor names, and the dates and times for all basic training, including all instructor schools and field training officer schools, and a letter requesting approval (e.g., memorandum of transmittal) at least 30 days before the start of the course.
C. The department shall review the documents submitted, and if approved, the department shall notify the certified training academy in writing of course approval.
D. The certified training academy shall approve in-service training in accordance with the requirements identified in 6VAC20-30.
E. The department shall conduct training audits, inspections, and review.
6VAC20-90-100. Enforcement actions for recertification.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter that varies from the intent of this chapter by academies and certified academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific duration of time.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter for a specific duration of time.
3. Revocation is a written notification by the director of the deactivation and removal of authorization issued under certification to operate as a certified training academy for violations of this chapter for an indefinite period of time.
B. The enforcement actions and procedures provided in this subsection are not mutually exclusive. The department may invoke as many enforcement actions as the situation requires.
1. The department may consider probation, suspension, or revocation status for a certified training academy with documented noncompliance for one or more academy recertification standards when the certified training academy has failed to correct the noncompliance in accordance with the recertification process and timeline identified in 6VAC20-90-80.
2. If there is a life, health, or safety issue or felonious criminal activity occurring during any department or academy approved training, at any location, the director may unilaterally revoke the academy's certification. The status of the revocation shall be reviewed at the next scheduled Criminal Justice Services Board meeting.
6VAC20-90-110. Enforcement actions for instruction and training.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter by certified training academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific course or class.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter.
B. The department may conduct training audits inspections and reviews and immediately suspend a class, course, or training if there is a violation of academy certification or recertification standard or requirements or if there is a life, health, or safety issue or felonious criminal activity occurring at an academy or a satellite facility. The suspension shall remain in place until the noncompliance is corrected.
C. The department may assign probation status to a certified training academy's course or class. This allows a certified academy to conduct a class with oversight from the department.
D. Probation and suspension status shall be reviewed by the department upon compliance with all requirements.
6VAC20-90-120. Attendance, testing, grading, and recordkeeping.
A. The certified training academy shall establish, maintain, and follow a policy that requires criminal justice professionals to attend all classes except in emergency situations (i.e., natural disaster, catastrophic event, etc.) and notify criminal justice professionals of their responsibility for any material missed during an excused absence per academy policy.
B. The certified training academy shall utilize testing procedures that indicate that every criminal justice professional has satisfactorily completed the criteria for every training objective and performance outcome approved by the Committee on Training of the Criminal Justice Services Board and located in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards.
C. A criminal justice officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40, 6VAC20-50-40, 6VAC20-60-40, 6VAC20-70-40, or 6VAC20-100-40 and in accordance with each certified training academy's written policy.
D. Law-enforcement certification exam.
1. The department shall generate and proctor the law-enforcement certification exam.
2. All certified training academies shall document that each law-enforcement officer has complied with all minimum training standards in all categories identified in 6VAC20-20-21 before scheduling the law-enforcement certification exam.
3. Upon documented compliance with the minimum training standards identified in 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
E. The academy director shall certify criminal justice professional have complied with the applicable rules relating to the compulsory minimum training standards and requirements. The academy director shall submit the following information using the department's electronic training records management system within 60 days of the last day of completing the compulsory minimum training or in-service training.
1. Name of certified training academy and academy director's name;
2. Start and end dates of training;
3. Name and type of course;
4. Social security number of criminal justice professionals;
5. Last name, first name, and middle initial of criminal justice professionals;
6. Name of criminal justice professional's employing agency; and
7. Academy director's signature and date.
F. Certified training academies shall maintain accurate records of all tests, grades, and testing procedures.
G. The certified training academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
H. The certified training academy shall maintain training records in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-90-130. Failure to comply with rules and regulations.
A. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
B. Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the certified training academy and the department.
C. Individuals violating the rules and regulations governing the certified training academy or violating the rules of the certified training academy determined to be detrimental to the welfare of the academy or the safety of officers, visitors, or personnel may be expelled.
D. Notification of expulsion will immediately be reported in writing to the agency administrator of the individual and the department.
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-90)
DCJS Certified Criminal Justice Training Academy Certification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
Satellite Facility Worksheet, May 2018, Virginia Department of Criminal Justice Services
Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards, published online September 2012, (Revised March 2018) available on the Virginia Department of Criminal Justice Services website at https://www.dcjs.virginia.gov/law-enforcement/manual
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, or 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.
"Approved training" means training approved by the department to meet minimum training standards.
"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 or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"Satellite facility" means a temporary facility located away from the certified training academy facility, which the certified academy uses exclusively to conduct in-service training.
"School director" means the chief administrative officer of an approved training school.
6VAC20-100-20. Compulsory minimum training standards.
A. Pursuant to the provisions of § 9-170 7 of the subdivision 9 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the following as the compulsory minimum training standards for full-time or part-time correctional 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. Individuals hired as correctional officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed the compulsory minimum training standards at a certified training academy and complete field training requirements. Correctional officers shall comply with the following:
1. Successfully complete basic correctional officer training at a certified training academy or satellite facility, which includes receiving a minimum of 400 hours of department approved training in the following categories:
a. Security and supervision;
b. Communication;
c. Safety;
d. Emergency response;
e. Conflict and crisis management;
f. Law and legal;
g. Duty assignments and responsibilities;
h. Professionalism;
i. Basic corrections officer firearms training; and
j. Physical fitness training.
2. Successfully complete a minimum of 200 hours of approved training in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-100-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-100-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-100-30. Applicability.
A. Every A person employed as a full-time or part-time correctional officer, and who has not met the compulsory minimum training standards for correctional officers subsequent to the effective date of these regulations, in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia, shall meet the compulsory minimum training standards herein and requirements established in 6VAC20-100-20 and 6VAC20-100-40 unless provided otherwise in accordance with subsection B of this section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein, 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 officer Correctional officers who is are 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 compulsory 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. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. Any correctional officer The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Correctional officers who do not receive an extension of the time limit for completion of requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
G. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, more than 12 months but less than for a period of 24 months or less, upon reentry as a correctional officer, will be required to complete all compulsory minimum training standards set forth in 6VAC20-100-20 A 1 in-service and firearms training requirements set forth in 6VAC20-30.
D. Any correctional officer H. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, in excess of for a period greater than 24 months, upon reentry as a correctional officer shall be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-100-20 A 1 required for correctional officers as set forth in this chapter.
6VAC20-100-50. How minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Officers attending an approved training school are required to be present for all classes and should not be placed on duty or on call except in cases of emergency. In the event of such an emergency, the agency administrator shall advise the school director within 24 hours. Officers will 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. (Repealed.)
A. Correctional officer training schools shall be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools, 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 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. An exemption to the 30-day requirement may be granted for good cause shown by the school director.
B. Each school director shall be required to maintain a file of all lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved shall be subject to inspection and review by the director or staff.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-100-70. Grading Attendance, requirements, testing, and grading.
A. Each officer shall comply with 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). All approved training schools shall utilize testing procedures which indicate that every officer, prior to satisfactory completion of the training school, 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
B. The school 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
A. Attendance.
1. Correctional officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, etc.) In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Correctional officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Correctional officers shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A correctional officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
6VAC20-100-80. Failure to comply with rules and regulations.
Any correctional officer A. Any individual attending an approved training school a certified training academy shall comply with the rules and regulations promulgated by the department and board and any other rules and regulations within the authority of the school 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 director considers a violation of B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director the certified training academy or the safety of officers, visitors, or personnel may expel the officer be expelled from the school academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the corrections facility director manager of the officer and the director agency administrator or designee and the department.
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.
B. The school director shall, within 30 days upon completion of an approved training school session, comply with the following:
1. Prepare a grade report on each officer maintaining the original for academy records and forwarding a copy to the corrections facility director/manager of the officer.
2. 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. The school director shall furnish each instructor with the applicable performance objectives for the assigned subject matter.
D. Approved correctional officer training schools shall maintain accurate records of all tests, grades and testing procedures.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training school records shall be maintained in accordance with the provisions of these rules this chapter and §§ the Virginia Public Records Act (§ 42.1-76 through 42.1-91 et seq. of the Code of Virginia).
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.
NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
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.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-100)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
VA.R. Doc. No. R18-5427; Filed May 23, 2018, 3:08 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Proposed Regulation
REGISTRAR'S NOTICE: The Department of Criminal Justice Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 26 of the Code of Virginia, which exempts the department when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102 of the Code of Virginia, provided such actions are authorized by the Governor in the interest of public safety.
Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10 through 6VAC20-20-40, 6VAC20-20-70, 6VAC20-20-80, 6VAC20-20-90; adding 6VAC20-20-120, 6VAC20-20-130; repealing 6VAC20-20-20, 6VAC20-20-50, 6VAC20-20-61).
6VAC20-50. Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers (amending 6VAC20-50-10 through 6VAC20-50-40, 6VAC20-50-70, 6VAC20-50-80, 6VAC20-50-90; adding 6VAC20-50-120, 6VAC20-50-130; repealing 6VAC20-50-50, 6VAC20-50-60).
6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10 through 6VAC20-60-40, 6VAC20-60-70, 6VAC20-60-80, 6VAC20-60-90; adding 6VAC20-60-95; repealing 6VAC20-60-50, 6VAC20-60-60).
6VAC20-70. Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections (amending 6VAC20-70-10 through 6VAC20-70-40, 6VAC20-70-70, 6VAC20-70-100, 6VAC20-70-110; adding 6VAC20-70-25, 6VAC20-70-115; repealing 6VAC20-70-50, 6VAC20-70-60, 6VAC20-70-80, 6VAC20-70-90, 6VAC20-70-120, 6VAC20-70-130).
6VAC20-90. Rules Relating to Regional Criminal Justice Training Academies (amending 6VAC20-90-10 through 6VAC20-90-40; adding 6VAC20-90-60 through 6VAC20-90-130).
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 6VAC20-100-40, 6VAC20-100-70, 6VAC20-100-80, 6VAC20-100-90; adding 6VAC20-100-25; repealing 6VAC20-100-50, 6VAC20-100-60, 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: August 13, 2018.
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.
Summary:
The proposed amendments to all chapters (i) separate agency responsibility and academy responsibility; (ii) codify Department of Criminal Justice Services practice and policy; (iii) clarify that training extensions will not be granted for failing to pass or meet compulsory minimum training standards and requirements; and (iv) correct and update Code of Virginia citations and address inconsistent terminology, definitions, and processes.
Additionally, proposed amendments to 6VAC20-90 (i) provide training academies clear instructions on the requirements for certification and recertification; (ii) codify the current department policy and practice, which requires academies meet 100% of the certification standards identified in the Certified Criminal Justice Training Academy Certification Checklist and Report for initial certification and the Certified Criminal Justice Training Academy Recertification Checklist and Report for recertification; (iii) describe the process, responsibilities, and timeline for reassessment and the application of enforcement actions, including probation, suspension, and revocation, in detail; (iv) describe the appeal process, including an initial appeal to the director of the department and a second opportunity to appeal to the Executive Committee of the Criminal Justice Services Board; and (v) identify the process for creating a regional academy, those regional academies eligible to receive state funding, and the department's ability to suspend or revoke the certification of a certified training academy.
6VAC20-20-10. 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 or local law-enforcement agency.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local units unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified academies. Four members of the committee shall represent regional criminal justice academies, four members of the committee shall represent independent criminal justice academies, and one member shall represent the Department of State Police Training Academy. 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 or his the director's designee.
"Requirements" means the core elements an officer needs to accomplish to obtain law-enforcement certification.
6VAC20-20-20. Compulsory minimum training standards. (Repealed.)
Pursuant to the provisions of subdivision 2 of § 9-170 of the Code of Virginia, the department establishes these standards for compulsory minimum training for full-time and part-time law-enforcement officers.
6VAC20-20-21. Performance outcomes and minimum hours required Compulsory minimum training standards and requirements.
A. Pursuant to the provisions of subdivision 2 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for Law-Enforcement Officers. The complete document may be found on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov compulsory minimum training for full-time and part-time law-enforcement officers.
B. Academy training.
1. Category 1 - Professionalism
2. Category 2 - Legal Issues
3. Category 3 - Communications
4. Category 4 - Patrol
5. Category 5 - Investigations
6. Category 6 - Defensive Tactics/Use of Force
7. Category 7 - Weapons Use
8. Category 8 - Driver Training
9. Category 9 - Physical Training (Optional)
ACADEMY TRAINING HOURS - 480 (excluding Category 9)
C. Field training.
Category 10 - Field Training
FIELD TRAINING HOURS - 100
TOTAL MINIMUM TRAINING STANDARDS HOURS - 580 (excluding Category 9)
B. An individual hired as a law-enforcement officer as defined in § 9.1-101 of the Code of Virginia shall comply with the following law-enforcement certification requirements:
1. Successfully complete law-enforcement basic training at a certified training academy, which includes receiving a minimum of 480 hours of department approved training in the following categories:
a. Professionalism,
b. Legal,
c. Communication,
d. Patrol,
e. Investigations,
f. Defensive tactics and use of force,
g. Weapons, and
h. Driver training.
2. Successfully complete a minimum of 100 hours of approved training in the category of field training by meeting or exceeding the field training performance outcomes identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Law-enforcement officers become certified upon meeting all compulsory minimum training standards and requirements that include documented completion of all performance outcomes, the law enforcement certification exam, and field training.
6VAC20-20-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories and hours of the compulsory minimum training standards identified in 6VAC20-20-21. Amendments to training categories and hours 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 (COT) of the Criminal Justice Services Board board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), an interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the hours and training categories will only be made in accordance with the provisions of the Administrative Process Act by the CRC. The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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 COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-20-30. Applicability.
A. Every A person employed as a full-time or part-time law-enforcement officer, as defined by § 9-169 (9) § 9.1-101 of the Code of Virginia, subsequent to after July 1, 1971, shall satisfactorily complete the compulsory minimum training standards and the requirements for law-enforcement officers as identified in 6VAC20-20-21 and 6VAC20-20-40.
B. The director may grant an exemption or partial exemption from the compulsory minimum training standards and the requirements set forth in 6VAC20-20-21 to a law-enforcement officer of any a political subdivision of the Commonwealth who has had previous experience and training as provided in § 9-173 § 9.1-116 of the Code of Virginia.
C. Any A person not employed as a full-time or part-time law-enforcement officer on July 1, 1971, who remains out of law-enforcement law enforcement for more than 24 months, upon reappointment as a full-time or part-time law-enforcement officer, shall be required to comply with the compulsory minimum training standards and the requirements identified in 6VAC20-20-21 unless provided otherwise in accordance with subsection B of this section.
6VAC20-20-40. Time requirement for completion of training.
A. Every law-enforcement officer who is Law-enforcement officers required to comply with the compulsory minimum training standards requirements of 6VAC20-20-21 shall satisfactorily complete such training the requirements within 12 months of the date of hire or appointment as a law-enforcement officer.
B. The director, or his the director's designee, may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions and requirements for the following reasons:
1. Illness Medical condition;
2. Injury;
3. Military service; or
4. Special duty assignment required and performed in the public interest;
5. Administrative leave involving the determination of worker's compensation or disability retirement issues, full-time educational leave or suspension pending investigation or adjudication of a crime; or.
6. Any other reason documented by the agency administrator. Such reason shall be specified and
C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for:
1. Failing to pass compulsory minimum training standards and requirements within specified time limits.
2. Failing the certification examination.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
C. F. Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards and requirements within 12 months of employment hire or appointment as a law-enforcement officer, or who do not receive an extension of the time limit for completion of training the requirements, shall be subject to the provisions of § 9-181 § 9.1-115 of the Code of Virginia.
G. The department shall notify the agency administrator of any officer individuals not in compliance with the requirements of this section.
6VAC20-20-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives and criteria at a certified training academy and the successful completion of field training objectives unless otherwise provided by 6VAC20-20-30 B.
B. Officers attending approved training are required to attend all classes and shall not be placed on duty or call except in cases of emergency.
6VAC20-20-61. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need which contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship which renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training, in-service training, recertification training, specialized training and instructor certification.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection B of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
D. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
E. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
F. A certified training academy is subject to inspection and review by the director or his staff.
G. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-20-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures which indicate that every officer has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Officers shall comply with the requirements of subdivision B 1 of 6VAC20-20-21.
2. Each officer shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. An officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Law-enforcement certification exam. Upon documented compliance with the compulsory minimum training standards identified in subdivision B 1 of 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
6VAC20-20-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of officers, visitors, or personnel may be expelled from the academy.
C. Notification of such action shall an expulsion will 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 and the department.
6VAC20-20-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved by the department and at such times as designated by the director. Law-enforcement agencies will receive a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The law-enforcement agency shall complete the department authorized field training completion form (Form B-13) documenting the completion of field training for officers.
C. The agency administrator shall forward a properly executed field training form sign and submit the field training completion form to the department for each officer, within 12 months of employment hire or appointment.
C. The academy director shall, within 30 days upon completion of approved training, comply with the following:
1. Submit to the department a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives, hours and instructor names listed.
D. The academy director shall furnish each instructor with the applicable performance outcomes, criteria and lesson plan guides for assigned subject matter. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-20-120. Certification status and in-service training.
A. All full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Officers shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-20-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-20)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, eff. 1/91
Field Training: Law Enforcement, B-13, rev. 1/98
Criminal Justice Training Roster, Form 41, rev. 4/94
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2, (rev. 5/2018)
Field Training: Law Enforcement, B-13, (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-20)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-50-10. 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 agency head of a local correctional facility as defined in § 53.1-1 of the Code of Virginia.
"Academy director" means the chief administrative officer of a certified training academy.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes, training objectives, criteria for testing, and lesson plan guides approved by the Committee on Training and the minimum hours approved by the board.
"Curriculum Review Committee" or "CRC" means a committee consisting of nine individuals representing the conduct of entry-level jailor or custodial officer, courthouse and courtroom security officer, and process service officer training. The composition of the committee shall be three representatives of sheriffs' offices, three representatives of regional jails, two and three representatives from academies, and one representative of the Department of Criminal Justice Services Jails Training Unit. The Committee on Training shall appoint the members of the Curriculum Review Committee.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"School director" means the chief administrative officer of an approved training school.
"Requirements" means the core elements a jail officer, deputy sheriff, court security officer, or civil process officer needs to accomplish to obtain department certification.
6VAC20-50-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivisions 7, 8, and 9 of § 9.1-102 and § 53.1-120 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for full and part-time Jailors or Custodial Officers, Courthouse and Courtroom Security Officers, and Process Service Officers. The complete document may be found on the Department of Criminal Justice Services' website at www.dcjs.virginia.gov. compulsory minimum training standards for full-time and part-time deputy sheriffs and jail officers as defined in § 53.1-1 of the Code of Virginia; persons designated to provide courthouse and courtroom security pursuant to § 53.1-120 of the Code of Virginia; and persons designated to serve process pursuant to § 8.01-293 of the Code of Virginia.
B. Academy training categories - Jailor Individuals hired as deputy sheriffs or jail officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires deputy sheriffs and jail officers comply with the following:
1. Successfully complete jail officer department approved training at a certified training academy in the following categories:
1. a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. Operations d. Jail operations;
5. e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. h. Driver Training training and transportation.
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Jailor or Custodial Officer Field Training Category 9
D. Academy training categories – Courthouse and Courtroom Security Officer.
Individuals hired as courthouse and courtroom security officers shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete courthouse and courtroom security officers department approved training at a certified training academy in the following categories:
1. Court Security a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Court Security Operations security operations;
5. Court Security e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. Transportation h. Driver training and transportation.
E. Courthouse and Courtroom Security Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
D. Individuals hired as deputy sheriffs and designated to serve process shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete process service officer department approved training at a certified training academy in the following categories:
F. Academy training categories – Process Service Officer.
1. Process Service Officer Operations a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Civil Process Operations process operations;
5. Civil Process Investigations
6. e. Defensive Tactics/Use tactics and use of Force force;
7. f. Weapons Use; and
8. Transportation g. Driver training.
G. Process Service Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-50-21. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-50-20. Amendments to the 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.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee CRC. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the training categories will only be made in accordance with the provisions of the Administrative Process Act The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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. COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-50-30. Applicability.
A. Every A person employed as a jailor or custodial sheriff deputy or jail officer as defined in § 53.1-1 of the Code of Virginia and in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards and requirements established in subsections subsection B, C, and D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
B. Every person employed as a Courthouse and Courtroom Security Officer courthouse and courtroom security officer in accordance with subdivision 7 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards established in subsections E and F subsection C of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
C. Every person employed as a Deputy Sheriff Designated to Serve Process deputy sheriff designated to serve process in accordance with § 15.2-1612.1 of the Code of Virginia shall meet compulsory minimum training standards established in subsections G and H subsection D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
D. The director may grant an exemption or partial exemption of the compulsory minimum training standards as established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who originally complied with all applicable training requirements and later separated from deputy sheriff, jail officer, courthouse and courtroom security officer, and deputy sheriff designated to serve process status in excess of 24 months, upon reentry as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process will be required to complete all compulsory minimum training standards in accordance with 6VAC20-50-20 unless provided otherwise in accordance with subsection D of this section.
6VAC20-50-40. Time requirement for completion of training.
A. Every jailor or custodial officer, courthouse and courtroom security officer and process service officer Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who is are required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment or hire as a jailor or custodial officer, courtroom security officer or process service officer deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process unless provided otherwise in accordance with subsection B of this section.
B. The director or director's designee may grant an extension of the time limit for completion of the compulsory minimum training required upon presentation of evidence by the agency administrator that such officer was unable to complete the required training within the specified time limit due to illness, injury, military service, special duty assignment required and performed in the public interest or leave without pay or suspension pending investigation or adjudication of a crime. The agency administrator shall request such extension prior to expiration of any time limit.
C. Any jailor or custodial officer, courthouse and courtroom security officer or process service officer who originally complied with all applicable training requirements and later separated from jailor or custodial officer, courtroom security officer, process service officer status, in excess of 24 months, upon reentry as a jailor, courthouse and courtroom security officer/process server will be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-50-30 D. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. The director or director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who do not satisfactorily complete the compulsory minimum training standards and requirements within 12 months of hire or appointment as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process, or who do not receive an extension of the time limit for completion of the requirements, shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
6VAC20-50-50. How compulsory minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing performance outcomes at certified training academy and field training requirements.
B. Officers attending a certified training academy are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
C. All certified training academies that begin on or after July 1, 2007, shall be conducted in conformance with the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006. However, the period July 1, 2007, through June 30, 2008, shall serve as a transition period wherein certified training academies may be approved by the department to conduct training according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial/Courthouse and Courtroom Security Officers/Deputy Sheriffs Designated to Serve Process as amended by the board on April 4, 1990, or according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006.
6VAC20-50-60. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. Provide a full range of training to include entry-level training, in-service training, instructor certification and recertification training and specialized training.
2. Assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. Maintain a training facility adequate to conduct training in accordance with academy certification standards.
4. Commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification, as outlined in subsection B of this section, to the Committee on Training, which shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process and be in compliance with § 15.2-1747 of the Code of Virginia.
D. Each certified academy director shall maintain a file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards. The certified training academy shall submit to the department its curriculum and other information as designated within time limits established by the department.
E. Certified academies that are approved shall be subject to inspection and review by the director.
F. The department may suspend or revoke the approval of a certified training school academy upon written notice to the academy's director. The notice shall contain the reason(s) upon which the suspension or revocation is based. The academy's 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 days of the date of the notice of suspension/revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-50-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every officer, prior to satisfactory completion of the training, has passed the criteria for testing and met the training objectives related to each performance outcome specified in the document entitled "Performance Outcomes for Compulsory Minimum Training Standards for Jailors or Custodial Officer, Courthouse and Courtroom Security Officers and Process Service Officers."
A. Attendance.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of emergency (e.g., natural disaster, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT of the board.
2. The officer may be tested and retested as may be necessary within the time limits of 6VAC20-50-40 A and each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-50-80. Failure to comply with rules and regulations.
Any individual A. Individuals 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the academy, the academy director may expel the officer from the academy or the safety of officers, visitors, or personnel may be expelled. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the officer in accordance with rules and regulations within the authority of the certified training academy individual and the department.
6VAC20-50-90. Administrative requirements.
The academy director shall maintain a final curriculum that includes performance outcomes, hours and instructor names.
A. Criminal justice agencies will receive a roster containing the names of those deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, and Form CP-1) documenting the completion of field training for officers.
C. The agency administrator shall sign and submit the field training completion form to the department for each officer within 12 months of hire or appointment.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-50-120. Certification status and in-service training.
A. Full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-50-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member or a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-50)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 8/05)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
Field Training: Jail Deputy and Jail Officer, J-1, (5/2018)
Field Training: Court Security Officer, CS-1, (5/2018)
Field Training: Civil Process Officers, CP-1, (5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-50)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
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 non-law-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 or recertification standards and operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" means the committee consisting of the following nine individuals: two members of the committee shall represent regional criminal justice academies, 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 department or the director's designee.
"Dispatcher" means any person employed by or in any local or state government agency either full time or part-time 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.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-60-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivision 10 of § 9.1-102 (10) of the Code of Virginia, the department under the direction of the board establishes the categories of training as listed below in subsection B of this section as the compulsory minimum training standards for dispatchers: whose duties include dispatching for law enforcement.
B. Individuals hired as dispatchers shall meet or exceed the compulsory minimum training standards in the following categories at a certified training academy:
1. Category 1 - Communications. Communication;
2. Category 2 - Dispatcher Judgment. judgment;
3. Category 3 - Legal Issues.; and
4. Category 4 - Professionalism.
5. Category 5 - On-the-Job Training.
C. Individuals hired as dispatchers shall meet or exceed the performance outcomes in the category of on-the-job training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-60-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-60-20. 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 (COT) shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, non-law-enforcement head of a communications center, or the Curriculum Review Committee (CRC).
2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed by the CRC. The CRC shall present recommendations for revisions to the COT.
Prior to C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department Department shall notify each certified training academy in writing of any new, revised, or deleted objectives COT approved revisions. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-60-30. Applicability.
A. All Full-time or part-time dispatchers employed by or in any local or state government agency whose duties include the dispatching of law-enforcement personnel and who were hired on or after July 1, 1988, must meet compulsory minimum training standards established at the time of their appointment, and requirements as identified in 6VAC20-60-20 and 6VAC20-60-40 unless provided otherwise in accordance with subsection B of this chapter section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-40. Time requirement for completion of training.
A. Every dispatcher who is Dispatchers required to comply with the compulsory minimum training standards must satisfactorily complete the required training set forth in 6VAC20-60-20, within 24 months of the date of appointment as a dispatcher, 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 compulsory minimum training standards under and requirements for the following conditions: reasons.
1. The chief of police, sheriff, or agency administrator shall present written notification that the dispatcher was unable to complete the required training within the specified time limit due to:
a. Illness 1. Medical condition;
b. 2. Injury;
c. 3. Military service; or
d. Special duty assignment required and performed in the public interest;
e. 4. Administrative leave involving the determination of workers' compensation or disability retirement issues, or suspension pending investigation or adjudication of a crime; or.
f. Any other reason documented by the agency administrator. Such reason must be specific and any C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
2. Any extension granted under subdivision 1 e of this subsection shall require the dispatcher to complete compulsory minimum training prior to resuming job duties. Requests may be granted for periods not to exceed 12 months.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
3. Dispatchers who do not satisfactorily complete compulsory minimum training standards within 24 months of appointment as a dispatcher and who do not receive an extension of the time limit for completion of the requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
3. The agency administrator must request such extension prior to expiration of any time limit.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives at a certified training academy and the successful completion of on-the-job training objectives as provided by 6VAC20-60-30 B.
B. Dispatchers attending compulsory minimum training at a certified training academy are required to attend all classes and should not be placed on duty or call except in cases of emergency.
C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin January 1, 2002. During the transition period, certified training academies may conduct dispatcher entry-level training using the performance objectives within the "Rules Relating to Compulsory Minimum Training Standards for Dispatchers," effective January 1, 1994, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective January 1, 2003, all entry-level training programs shall meet the requirements of 6VAC20-60-100.
6VAC20-60-60. Approved training schools. (Repealed.)
A. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department the curriculum and other information as designated, within time limitations established by the department.
B. Each academy director will be required to maintain a file of all current lesson plans and supporting materials for each subject contained in the compulsory minimum training standards.
C. A certified training academy is subject to inspection and review by the director or staff.
D. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
E. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training and specialized training.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training related functions and instructor certification.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
F. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection D of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
G. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
H. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives, and shall provide this information to the director upon request.
I. A certified training academy is subject to inspection and review by the director or his staff.
J. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-60-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every dispatcher has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Dispatchers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place dispatchers on duty or on call and shall advise the academy director within 24 hours.
2. Dispatchers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Dispatchers shall comply with the requirements of 6VAC20-60-20.
2. Each dispatcher shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. A dispatcher may be tested and retested as may be necessary within the time limits of 6VAC20-60-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Every individual attending compulsory minimum training shall satisfactorily complete each required performance outcome, training objective, and criteria, and any optional job related subject performance requirements, where applicable. Any individual who fails to satisfactorily complete any performance outcomes or objectives in any subject will be required to attend that subject in a subsequent approved dispatcher training school and satisfactorily complete the required performance objective or objectives.
6VAC20-60-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified training academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the dispatcher and the director individual and the department.
6VAC20-60-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved or provided by the department and at such times as designated by the director. Agencies will receive a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the department authorized on-the-job training completion form (Form D-1) documenting the completion of on-the-job training for dispatchers.
C. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-60-40, sign and forward a properly executed on-the-job training form to the department for each dispatcher.
C. The academy director shall, within 30 days upon completion of the dispatcher training:
1. Submit to the department a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives and instructor names listed.
D. The academy director shall furnish each instructor with the performance based training and testing objectives for the assigned subject matter.
E. Each certified training academy shall maintain accurate records of all tests, grades and testing procedures.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and the Virginia Public Records Act §§ 42.1-67 through 42.1-91 (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-60-95. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-60)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, rev. 04/10.
On the Job Training Dispatchers, Form D-1, rev. 09/02.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
On the Job Training Dispatchers, Form D-1 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-60)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-70-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning meanings, unless the context clearly indicates otherwise.:
"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.
"Academy director" means the chief administrative officer of a certified training academy.
"Agency administrator" means any chief of police, sheriff, agency head of a state or local law-enforcement agency, or the director of the Department of Corrections or his designee.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 the Department of Corrections administration.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Noncustodial employee" includes means those employees specifically designated by the director of the Department of Corrections who, by their appointment, must carry a weapon.
"School director" means the chief administrative officer of an approved training school.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-70-20. Compulsory minimum training standards for noncustodial employees.
Pursuant to the provisions of §§ 18.2-308 (5), 19.2-81.2, 9-170 and 53.1-29 of the Code of Virginia, the board establishes the following as the compulsory minimum training standards for noncustodial employees of the Department of Corrections:
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Hours
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1. General
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1
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a. Orientation
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b. Evaluation
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2. Skills
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4
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a. Firearms (Four hours classroom plus range firing)
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3. Legal Matters
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3
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a. Corrections and Related Law
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1
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b. Legal Responsibility and Authority of Employees
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2
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TOTAL
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8 plus range
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A. Pursuant to the provisions of § 9.1-102 of the Code of Virginia, the department under the direction of the board shall establish the compulsory minimum training standards for the Department of Corrections, Division of Adult Institutions. Pursuant to §§ 19.2-81.2 and 53.1-29 of the Code of Virginia noncustodial employees of the Department of Corrections who have the authority to detain an individual and noncustodial employees who have been designated to carry a weapon by the Director of the Department of Corrections shall meet or exceed the compulsory minimum training standards at a certified training academy or satellite facility.
B. Noncustodial employees shall comply with the following noncustodial employee training that includes receiving a minimum of 80 hours of department approved training in the following categories:
1. Security and supervision;
2. Communication;
3. Safety;
4. Emergency response;
5. Conflict and crisis management;
6. Law and legal;
7. Duty assignments and responsibilities;
8. Professionalism; and
9. Firearms training.
6VAC20-70-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-70-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-70-30. Applicability.
Every A. A person employed in a noncustodial position who by appointment to that position has been designated by the Director of the Department of Corrections to carry a weapon must shall meet the requirements and compulsory minimum training standards herein established in 6VAC20-70-20 and 6VAC20-70-40.
B. Noncustodial employees meeting all of the following conditions shall not be required to complete the compulsory minimum training standards:
1. The noncustodial employee was previously employed as a corrections officer;
2. The noncustodial employee originally complied with all the compulsory minimum training requirements of 6VAC20-100 (Rules Relating to compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions); and
3. At the time of appointment a period of 24 months or less has passed since the noncustodial employee served in the position of a corrections officer.
6VAC20-70-40. Time required for completion of training.
A. Every No noncustodial employee, so designated as defined in this chapter, shall not carry a weapon until the compulsory minimum training standards as set forth in 6VAC20-70-20 have been satisfactorily completed.
B. Every noncustodial employee, so designated as defined in this chapter, shall satisfactorily complete the compulsory minimum training standards for noncustodial employees within 120 days 12 months of assuming a position which that is designated as a noncustodial position.
C. The director may grant an extension of the time limit for completion of the compulsory minimum training standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
D. The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
E. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
F. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or correctional officer status for a period of 24 months or less, upon reentry as a noncustodial employee, shall be required to complete compulsory in-service training and complete annual firearms training set forth in 6VAC20-70-115.
G. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or corrections officer status for a period greater than 24 months, upon reentry as a noncustodial employee, shall be required to complete all compulsory minimum training standards set forth in this chapter.
6VAC20-70-50. How compulsory minimum training standards may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Noncustodial employees attending an approved training school are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
6VAC20-70-60. Approved training schools. (Repealed.)
A. Noncustodial employees training schools must be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools 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, instructors, dates and times for the entire proposed training session shall be submitted to the department 30 days prior to the beginning of each proposed session. An exemption to the 30 day requirement may be waived for good cause shown by the school director.
B. Each school director will be required to maintain a current file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved will be subject to inspection and review by the director or staff, or both.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-70-70. Grading Attendance, requirements, testing, and grading.
A. All written examinations shall include a minimum of two questions for each hour of mandatory instruction. This requirement likewise includes the classroom instruction on performance-oriented subject matter.
B. All noncustodial employees shall attain a minimum grade of 70% in each grading category to satisfactorily complete the compulsory minimum training standards. Any noncustodial employee who fails to attain the minimum 70% in any grading category will be required to take all subjects comprising that grading category in a subsequent approved training school.
A. Attendance.
1. Noncustodial employees attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, riot, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place the noncustodial employee on duty or on call and shall advise the academy director within 24 hours.
2. Noncustodial employees shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Noncustodial employees shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A noncustodial employee may be tested and retested as may be necessary within the time limits of 6VAC20-70-40 and each certified training academy's written policy. A noncustodial employee shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Approved noncustodial employee training schools shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-70-80. Firearms. (Repealed.)
The following firearms training will be applicable to noncustodial employees of the Department of Corrections who have been designated to carry a weapon:
1. Classroom - Service handgun, shotgun and special weapons (four hours).
a. Nonmenclature and Care of Weapons
b. Safety
c. Legal Aspects of Firearms Use
d. Principles of Shooting
e. Special Weapons (as utilized by the Department of Corrections) - Familiarization, no firing
2. Range.
a. Service Handgun.
(1) combat course (double action)
60 rounds
Silhouette Target
Qualification - 70% (5 points per hit on silhouette)
(Minimum 210 points out of a possible 300 points)
(2) Course.
7 yards - two handed crouch - 6 rounds (one on whistle)
7 yards - two handed crouch - 6 rounds (two on whistle)
7 yards - two handed crouch - 12 rounds (30 seconds from whistle)
15 yards - two handed point shoulder - 6 rounds (one on whistle)
15 yards - two handed point shoulder - 6 rounds - (two on whistle)
15 yards - two handed point shoulder - 12 rounds (30 seconds from whistle)
25 yards - two handed point shoulder - 6 rounds (10 seconds/right hand)
25 yards - two handed point shoulder - 6 rounds (10 seconds/left hand)
b. Shotgun
10 rounds
Bobber Target
No. 4 Buck
Qualification - 80% (10 points per hit on bobber target)
25 yards - shoulder position - 10 rounds
6VAC20-70-90. Recertification. (Repealed.)
A. All noncustodial employees shall recertify every other calendar year by satisfactorily completing the firearms training set forth in 6VAC20-70-80. The specific time frame for compliance by currently certified noncustodial employees is enumerated in subsections C and D. Any noncustodial employee who does not comply as set forth below in subsections C and D shall be subject to the provisions of § 9-181 of the Code of Virginia.
B. All noncustodial employees shall be required to qualify annually with service handgun and shotgun in accordance with 6VAC20-70-80.
C. All noncustodial employees whose recertification due date is in 1987 shall comply with the recertification requirements by December 31, 1987, and thereafter by December 31 of every other calendar year.
D. All noncustodial employees whose recertification due date is in 1988 shall comply with the recertification requirements by December 31, 1988, and thereafter by December 31 of every other calendar year.
6VAC20-70-100. Failure to comply with rules and regulations.
A. Noncustodial employees Any individual attending an approved training school certified training academy shall comply with the rules and regulations promulgated by the department and any other rules and regulations within the authority of the school director board. The academy director of the school shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
If the school director considers a violation of the rules and regulations B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director may expel the noncustodial employee certified training academy or the safety of the noncustodial employees, officers, visitors, or personnel may be expelled from the school academy.
Consistent with Department of Corrections' policy, notification of such action shall C. Notification of an expulsion will immediately be reported in writing to the supervisor of the individual expelled and the appropriate Department of Corrections Division Director agency administrator or designee and the department.
6VAC20-70-110. Administrative requirements.
A. Reports will be required from the school director on forms approved by the department and at such times as designated by the director.
B. The school director shall, within 30 days upon completion of an approved training school, comply with the following:
1. Submit to the department a roster containing the names of those noncustodial employees who have satisfactorily completed all training requirements and, if applicable, a revised curriculum for the training session.
C. The school director shall furnish each instructor with a complete set of course resumes and objectives for the assigned subject matter.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-70-115. In-service training and annual firearms training.
A. Every two years, noncustodial employees as defined in 6VAC20-70-10 shall complete a total of 40 hours of in-service training as identified in this subsection by December 31 of the second calendar year after completing approved training at a certified training academy or satellite facility.
1. Cultural diversity training for two hours.
2. Legal training for four hours.
3. Career development or elective training for 34 hours. Subjects to be provided are at the discretion of the academy director.
B. Firearms training. Every noncustodial employee required to carry a firearm in the performance of duty shall qualify annually using the applicable firearms course approved by the COT of the board. Annual range qualification shall include a review of issues and policies relating to weapons safety, nomenclature, maintenance, and use of force. With prior approval of the director, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.
6VAC20-70-120. Effective date. (Repealed.)
These rules shall be effective on and after July 1, 1987, and until amended or repealed.
6VAC20-70-130. Adopted: October 12, 1979. (Repealed.)
Amended: April 1, 1987.
FORMS (6VAC20-70)
Criminal Justice Training Roster, Form 41, eff. 1/93.
CHAPTER 90
RULES RELATING TO REGIONAL CRIMINAL JUSTICE TRAINING ACADEMIES
6VAC20-90-10. 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 or local law-enforcement agency.
"Approved training" means any training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department.
"External classroom" means a training room approved by the department located away from the certified academy, which the certified academy uses to conduct mandated training, using full-time academy staff with general instructorships.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Regional Academy" means Regional Criminal Justice Training Academy.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-90-20. Designation.
A. The regional academies set forth below in this subsection are designated as regional academies and are eligible to receive allocated funds from the department.
Cardinal Criminal Justice Academy
Salem, Virginia
Central Shenandoah Criminal Justice Training Academy
Waynesboro, Virginia
Central Virginia Criminal Justice Academy
Lynchburg, Virginia
Crater Criminal Justice Academy
Petersburg, Virginia
Hampton Roads Regional Academy of Criminal Justice
Newport News, Virginia
New River Criminal Justice Training Academy
Radford, Virginia
Northern Virginia Criminal Justice Academy
Ashburn, Virginia
Piedmont Regional Criminal Justice Training Academy
Martinsville, Virginia
Rappahannock Regional Criminal Justice Academy
Fredericksburg, Virginia
Skyline Regional Criminal Justice Academy
Front Royal, Virginia
Southwest Law Enforcement Virginia Criminal Justice Academy
Bristol, Virginia
B. Jurisdictions may operate their own certified independent training academies if approved by the department; however, no state funds will be available for such academies. A jurisdiction, within or without the Commonwealth, may join a regional academy at any time subject to complying with the policies established by the board requirements of §§ 15.2-1300 and 15.2-1747 of the Code of Virginia, and this chapter.
C. A regional academy site may be changed by the academy governing body with the approval of the board.
D. Training, where practical, shall be conducted at designated satellite locations throughout the geographical confines of the regional academy to ensure minimum travel for student officers.
E. The board shall define geographical boundaries of designated regional academies.
6VAC20-90-30. Academy governing body.
Each regional academy shall have a charter, which shall be established in accordance with § §§ 15.2-1300 and 15.2-1747 of the Code of Virginia. The charter shall, in accordance with guidelines established by the board, create an academy governing body and specify the composition, authority and functions of the academy governing body and selection criteria and duties of the regional academy director.
6VAC20-90-40. Funds.
The department will disburse funds to the regional academies designated in 6VAC20-90-20 in accordance with the appropriations made to the department for the purpose of providing financial support to the regional training academies. Financial reports An operating budget and independent audit by a third-party auditor will be required as determined by the department to be submitted to the department annually.
6VAC20-90-60. Academy creation.
A. Conduct training needs assessment. To determine if a need exists for the creation of a certified training academy, a state or local unit of government must complete a training needs assessment. The needs assessment will evaluate the following:
1. The inability to obtain adequate training from existing academies.
2. A hardship that renders the use of other existing academies impractical.
3. The number of criminal justice professionals (i.e., students) the certified training academy would serve.
4. That there are a sufficient number of criminal justice professionals, financial resources, and academy personnel to support the creation and maintenance of a full-time regional or independent training academy for a minimum of five years.
B. Identify and acknowledge commitments. The state or local unit of government shall in writing make the following commitments:
1. The provision of a full range of training to include basic training, in-service training, and instructor certification and recertification training.
2. The assignment of one position with primary responsibility as academy director and one clerical, financial officer, or support position to support training and training-related functions.
3. The provision of adjunct instructors to instruct classes and courses.
4. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
5. The commitment of sufficient funding to adequately support the training function.
C. Review and consideration.
1. The state or local governmental unit shall submit a training needs assessment and written commitments to the Committee on Training (COT) as described in subsections A and B of this section.
2. The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.
3. If the COT recommends the creation of the proposed academy, the department shall make a determination as to whether the creation of an academy is warranted.
a. If the creation of a regional academy is approved by the department, the governing bodies or political subdivisions of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of § 15.2-1747 of the Code of Virginia.
b. If the creation of an independently operated academy is approved by the department, the governing body of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of subsection D of § 15.2-1747 of the Code of Virginia.
6VAC20-90-70. Academy certification.
A. An academy shall not conduct mandated training until the academy meets all certification requirements.
B. Training academies, all places of operation (i.e., satellite facilities, external classrooms, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced or unannounced.
C. The academy must formally request academy certification status from the department and meet the following requirements:
1. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy certification.
2. The academy shall meet 100% the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
3. Certification is valid for one year from the date of certification.
a. In order to maintain certification status, the academy must successfully complete the academy recertification process before the expiration of the original certification.
b. The recertification will extend the expiration date to June 30 of the third year following the date of recertification.
D. If the academy does not meet one or more certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report:
1. The academy director will receive written notification of the certification standards that have not been met and the date when a reassessment will be conducted.
2. The department shall provide the written notification and date of reassessment within five business days of the last date of assessment.
3. The academy will be given time to correct the situation, not to exceed 60 days.
4. Department staff shall reassess the academy. If the academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator or board chairman of the academy. The academy will have a maximum of 30 days to comply with all certification standards.
5. A second reassessment will be conducted no later than 30 days following the first reassessment. If the academy is still not in compliance with all certification standards at the time of the second reassessment, the department shall not certify the academy.
6. The academy director may appeal the findings of the academy certification to the director. The decision of the director is final.
E. Academies failing to meet the certification requirements or losing on appeal shall restart the academy certification process identified within this section beginning with 6VAC20-90-70 C.
6VAC20-90-80. Academy recertification.
A. A certified training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.
B. A certified training academy, all places of operation (i.e., satellite facilities, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced and unannounced.
C. The certified training academy must successfully complete the academy recertification process before June 30 of the third year from the last date of recertification.
D. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy recertification.
1. The certified training academy shall meet 100% of the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
2. If the certified training academy does not meet one or more recertification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report:
a. The academy director will receive written notification of the recertification standards that have not been met along with a department drafted corrective action plan and the date when a reassessment will be conducted within five business days from the last date of assessment.
b. The certified training academy will be given time to correct the situation, not to exceed 60 days.
c. The department staff shall reassess the certified training academy. If the certified training academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator, or board chairman of the certified training academy. The certified training academy will have a maximum of 30 days to comply with all certification standards.
d. A second reassessment will be conducted no later than 30 days following the first reassessment. If the certified training academy is still not in compliance with all certification standards at the time of the second reassessment, the director shall suspend the academies certification in accordance with 6VAC20-90-100 and conduct a hearing within 30 days to determine the status of the academy's certification.
E. The director shall review all pertinent documents.
1. The academy will have an opportunity to make a verbal presentation.
2. After a review of all pertinent information, the director shall determine the status of the academy certification.
F. The academy director may seek appeal to the enforcement actions identified in 6VAC20-90-100 of the academy recertification assessment.
1. The academy director may request a hearing before Executive Committee of the Criminal Justice Services Board. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of probation, suspension, or revocation.
2. The academy will have an opportunity to make a verbal presentation before the executive committee.
3. After a review of all pertinent information, the executive committee shall determine the status of the certification.
6VAC20-90-90. Training requirements, approvals, audits, inspections, and reviews.
A. The certified training academy shall conduct mandated (e.g., basic) training using the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards for:
1. Law enforcement officers in accordance with the requirements of 6VAC20-20-21 B 1.
2. Deputy sheriffs and jail officers in accordance with the requirements of 6VAC20-50-20 B 1.
3. Courthouse and courtroom security officers in accordance with the requirements of 6VAC20-50-20 C 1.
4. Deputy sheriffs designated to serve process in accordance with the requirements of 6VAC20-50-20 D 1.
5. Dispatchers in accordance with the requirements of 6VAC20-60-20 B.
6. Noncustodial employees of the Department of Corrections designated by the Director of the Department of Corrections to carry a weapon in accordance with the requirements of 6VAC20-70-20.
7. Correctional officers of the Department of Corrections in accordance with the requirements of 6VAC20-100-20 B 1.
B. The certified training academy shall submit to the department its curriculum containing the performance outcomes, instructor names, and the dates and times for all basic training, including all instructor schools and field training officer schools, and a letter requesting approval (e.g., memorandum of transmittal) at least 30 days before the start of the course.
C. The department shall review the documents submitted, and if approved, the department shall notify the certified training academy in writing of course approval.
D. The certified training academy shall approve in-service training in accordance with the requirements identified in 6VAC20-30.
E. The department shall conduct training audits, inspections, and review.
6VAC20-90-100. Enforcement actions for recertification.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter that varies from the intent of this chapter by academies and certified academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific duration of time.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter for a specific duration of time.
3. Revocation is a written notification by the director of the deactivation and removal of authorization issued under certification to operate as a certified training academy for violations of this chapter for an indefinite period of time.
B. The enforcement actions and procedures provided in this subsection are not mutually exclusive. The department may invoke as many enforcement actions as the situation requires.
1. The department may consider probation, suspension, or revocation status for a certified training academy with documented noncompliance for one or more academy recertification standards when the certified training academy has failed to correct the noncompliance in accordance with the recertification process and timeline identified in 6VAC20-90-80.
2. If there is a life, health, or safety issue or felonious criminal activity occurring during any department or academy approved training, at any location, the director may unilaterally revoke the academy's certification. The status of the revocation shall be reviewed at the next scheduled Criminal Justice Services Board meeting.
6VAC20-90-110. Enforcement actions for instruction and training.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter by certified training academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific course or class.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter.
B. The department may conduct training audits inspections and reviews and immediately suspend a class, course, or training if there is a violation of academy certification or recertification standard or requirements or if there is a life, health, or safety issue or felonious criminal activity occurring at an academy or a satellite facility. The suspension shall remain in place until the noncompliance is corrected.
C. The department may assign probation status to a certified training academy's course or class. This allows a certified academy to conduct a class with oversight from the department.
D. Probation and suspension status shall be reviewed by the department upon compliance with all requirements.
6VAC20-90-120. Attendance, testing, grading, and recordkeeping.
A. The certified training academy shall establish, maintain, and follow a policy that requires criminal justice professionals to attend all classes except in emergency situations (i.e., natural disaster, catastrophic event, etc.) and notify criminal justice professionals of their responsibility for any material missed during an excused absence per academy policy.
B. The certified training academy shall utilize testing procedures that indicate that every criminal justice professional has satisfactorily completed the criteria for every training objective and performance outcome approved by the Committee on Training of the Criminal Justice Services Board and located in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards.
C. A criminal justice officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40, 6VAC20-50-40, 6VAC20-60-40, 6VAC20-70-40, or 6VAC20-100-40 and in accordance with each certified training academy's written policy.
D. Law-enforcement certification exam.
1. The department shall generate and proctor the law-enforcement certification exam.
2. All certified training academies shall document that each law-enforcement officer has complied with all minimum training standards in all categories identified in 6VAC20-20-21 before scheduling the law-enforcement certification exam.
3. Upon documented compliance with the minimum training standards identified in 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
E. The academy director shall certify criminal justice professional have complied with the applicable rules relating to the compulsory minimum training standards and requirements. The academy director shall submit the following information using the department's electronic training records management system within 60 days of the last day of completing the compulsory minimum training or in-service training.
1. Name of certified training academy and academy director's name;
2. Start and end dates of training;
3. Name and type of course;
4. Social security number of criminal justice professionals;
5. Last name, first name, and middle initial of criminal justice professionals;
6. Name of criminal justice professional's employing agency; and
7. Academy director's signature and date.
F. Certified training academies shall maintain accurate records of all tests, grades, and testing procedures.
G. The certified training academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
H. The certified training academy shall maintain training records in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-90-130. Failure to comply with rules and regulations.
A. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
B. Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the certified training academy and the department.
C. Individuals violating the rules and regulations governing the certified training academy or violating the rules of the certified training academy determined to be detrimental to the welfare of the academy or the safety of officers, visitors, or personnel may be expelled.
D. Notification of expulsion will immediately be reported in writing to the agency administrator of the individual and the department.
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-90)
DCJS Certified Criminal Justice Training Academy Certification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
Satellite Facility Worksheet, May 2018, Virginia Department of Criminal Justice Services
Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards, published online September 2012, (Revised March 2018) available on the Virginia Department of Criminal Justice Services website at https://www.dcjs.virginia.gov/law-enforcement/manual
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, or 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.
"Approved training" means training approved by the department to meet minimum training standards.
"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 or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"Satellite facility" means a temporary facility located away from the certified training academy facility, which the certified academy uses exclusively to conduct in-service training.
"School director" means the chief administrative officer of an approved training school.
6VAC20-100-20. Compulsory minimum training standards.
A. Pursuant to the provisions of § 9-170 7 of the subdivision 9 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the following as the compulsory minimum training standards for full-time or part-time correctional 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. Individuals hired as correctional officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed the compulsory minimum training standards at a certified training academy and complete field training requirements. Correctional officers shall comply with the following:
1. Successfully complete basic correctional officer training at a certified training academy or satellite facility, which includes receiving a minimum of 400 hours of department approved training in the following categories:
a. Security and supervision;
b. Communication;
c. Safety;
d. Emergency response;
e. Conflict and crisis management;
f. Law and legal;
g. Duty assignments and responsibilities;
h. Professionalism;
i. Basic corrections officer firearms training; and
j. Physical fitness training.
2. Successfully complete a minimum of 200 hours of approved training in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-100-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-100-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-100-30. Applicability.
A. Every A person employed as a full-time or part-time correctional officer, and who has not met the compulsory minimum training standards for correctional officers subsequent to the effective date of these regulations, in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia, shall meet the compulsory minimum training standards herein and requirements established in 6VAC20-100-20 and 6VAC20-100-40 unless provided otherwise in accordance with subsection B of this section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein, 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 officer Correctional officers who is are 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 compulsory 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. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. Any correctional officer The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Correctional officers who do not receive an extension of the time limit for completion of requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
G. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, more than 12 months but less than for a period of 24 months or less, upon reentry as a correctional officer, will be required to complete all compulsory minimum training standards set forth in 6VAC20-100-20 A 1 in-service and firearms training requirements set forth in 6VAC20-30.
D. Any correctional officer H. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, in excess of for a period greater than 24 months, upon reentry as a correctional officer shall be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-100-20 A 1 required for correctional officers as set forth in this chapter.
6VAC20-100-50. How minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Officers attending an approved training school are required to be present for all classes and should not be placed on duty or on call except in cases of emergency. In the event of such an emergency, the agency administrator shall advise the school director within 24 hours. Officers will 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. (Repealed.)
A. Correctional officer training schools shall be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools, 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 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. An exemption to the 30-day requirement may be granted for good cause shown by the school director.
B. Each school director shall be required to maintain a file of all lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved shall be subject to inspection and review by the director or staff.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-100-70. Grading Attendance, requirements, testing, and grading.
A. Each officer shall comply with 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). All approved training schools shall utilize testing procedures which indicate that every officer, prior to satisfactory completion of the training school, 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
B. The school 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
A. Attendance.
1. Correctional officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, etc.) In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Correctional officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Correctional officers shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A correctional officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
6VAC20-100-80. Failure to comply with rules and regulations.
Any correctional officer A. Any individual attending an approved training school a certified training academy shall comply with the rules and regulations promulgated by the department and board and any other rules and regulations within the authority of the school 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 director considers a violation of B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director the certified training academy or the safety of officers, visitors, or personnel may expel the officer be expelled from the school academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the corrections facility director manager of the officer and the director agency administrator or designee and the department.
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.
B. The school director shall, within 30 days upon completion of an approved training school session, comply with the following:
1. Prepare a grade report on each officer maintaining the original for academy records and forwarding a copy to the corrections facility director/manager of the officer.
2. 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. The school director shall furnish each instructor with the applicable performance objectives for the assigned subject matter.
D. Approved correctional officer training schools shall maintain accurate records of all tests, grades and testing procedures.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training school records shall be maintained in accordance with the provisions of these rules this chapter and §§ the Virginia Public Records Act (§ 42.1-76 through 42.1-91 et seq. of the Code of Virginia).
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.
NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
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.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-100)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
VA.R. Doc. No. R18-5427; Filed May 23, 2018, 3:08 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Proposed Regulation
REGISTRAR'S NOTICE: The Department of Criminal Justice Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 26 of the Code of Virginia, which exempts the department when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102 of the Code of Virginia, provided such actions are authorized by the Governor in the interest of public safety.
Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10 through 6VAC20-20-40, 6VAC20-20-70, 6VAC20-20-80, 6VAC20-20-90; adding 6VAC20-20-120, 6VAC20-20-130; repealing 6VAC20-20-20, 6VAC20-20-50, 6VAC20-20-61).
6VAC20-50. Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers (amending 6VAC20-50-10 through 6VAC20-50-40, 6VAC20-50-70, 6VAC20-50-80, 6VAC20-50-90; adding 6VAC20-50-120, 6VAC20-50-130; repealing 6VAC20-50-50, 6VAC20-50-60).
6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10 through 6VAC20-60-40, 6VAC20-60-70, 6VAC20-60-80, 6VAC20-60-90; adding 6VAC20-60-95; repealing 6VAC20-60-50, 6VAC20-60-60).
6VAC20-70. Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections (amending 6VAC20-70-10 through 6VAC20-70-40, 6VAC20-70-70, 6VAC20-70-100, 6VAC20-70-110; adding 6VAC20-70-25, 6VAC20-70-115; repealing 6VAC20-70-50, 6VAC20-70-60, 6VAC20-70-80, 6VAC20-70-90, 6VAC20-70-120, 6VAC20-70-130).
6VAC20-90. Rules Relating to Regional Criminal Justice Training Academies (amending 6VAC20-90-10 through 6VAC20-90-40; adding 6VAC20-90-60 through 6VAC20-90-130).
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 6VAC20-100-40, 6VAC20-100-70, 6VAC20-100-80, 6VAC20-100-90; adding 6VAC20-100-25; repealing 6VAC20-100-50, 6VAC20-100-60, 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: August 13, 2018.
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.
Summary:
The proposed amendments to all chapters (i) separate agency responsibility and academy responsibility; (ii) codify Department of Criminal Justice Services practice and policy; (iii) clarify that training extensions will not be granted for failing to pass or meet compulsory minimum training standards and requirements; and (iv) correct and update Code of Virginia citations and address inconsistent terminology, definitions, and processes.
Additionally, proposed amendments to 6VAC20-90 (i) provide training academies clear instructions on the requirements for certification and recertification; (ii) codify the current department policy and practice, which requires academies meet 100% of the certification standards identified in the Certified Criminal Justice Training Academy Certification Checklist and Report for initial certification and the Certified Criminal Justice Training Academy Recertification Checklist and Report for recertification; (iii) describe the process, responsibilities, and timeline for reassessment and the application of enforcement actions, including probation, suspension, and revocation, in detail; (iv) describe the appeal process, including an initial appeal to the director of the department and a second opportunity to appeal to the Executive Committee of the Criminal Justice Services Board; and (v) identify the process for creating a regional academy, those regional academies eligible to receive state funding, and the department's ability to suspend or revoke the certification of a certified training academy.
6VAC20-20-10. 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 or local law-enforcement agency.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local units unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified academies. Four members of the committee shall represent regional criminal justice academies, four members of the committee shall represent independent criminal justice academies, and one member shall represent the Department of State Police Training Academy. 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 or his the director's designee.
"Requirements" means the core elements an officer needs to accomplish to obtain law-enforcement certification.
6VAC20-20-20. Compulsory minimum training standards. (Repealed.)
Pursuant to the provisions of subdivision 2 of § 9-170 of the Code of Virginia, the department establishes these standards for compulsory minimum training for full-time and part-time law-enforcement officers.
6VAC20-20-21. Performance outcomes and minimum hours required Compulsory minimum training standards and requirements.
A. Pursuant to the provisions of subdivision 2 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for Law-Enforcement Officers. The complete document may be found on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov compulsory minimum training for full-time and part-time law-enforcement officers.
B. Academy training.
1. Category 1 - Professionalism
2. Category 2 - Legal Issues
3. Category 3 - Communications
4. Category 4 - Patrol
5. Category 5 - Investigations
6. Category 6 - Defensive Tactics/Use of Force
7. Category 7 - Weapons Use
8. Category 8 - Driver Training
9. Category 9 - Physical Training (Optional)
ACADEMY TRAINING HOURS - 480 (excluding Category 9)
C. Field training.
Category 10 - Field Training
FIELD TRAINING HOURS - 100
TOTAL MINIMUM TRAINING STANDARDS HOURS - 580 (excluding Category 9)
B. An individual hired as a law-enforcement officer as defined in § 9.1-101 of the Code of Virginia shall comply with the following law-enforcement certification requirements:
1. Successfully complete law-enforcement basic training at a certified training academy, which includes receiving a minimum of 480 hours of department approved training in the following categories:
a. Professionalism,
b. Legal,
c. Communication,
d. Patrol,
e. Investigations,
f. Defensive tactics and use of force,
g. Weapons, and
h. Driver training.
2. Successfully complete a minimum of 100 hours of approved training in the category of field training by meeting or exceeding the field training performance outcomes identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Law-enforcement officers become certified upon meeting all compulsory minimum training standards and requirements that include documented completion of all performance outcomes, the law enforcement certification exam, and field training.
6VAC20-20-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories and hours of the compulsory minimum training standards identified in 6VAC20-20-21. Amendments to training categories and hours 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 (COT) of the Criminal Justice Services Board board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), an interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the hours and training categories will only be made in accordance with the provisions of the Administrative Process Act by the CRC. The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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 COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-20-30. Applicability.
A. Every A person employed as a full-time or part-time law-enforcement officer, as defined by § 9-169 (9) § 9.1-101 of the Code of Virginia, subsequent to after July 1, 1971, shall satisfactorily complete the compulsory minimum training standards and the requirements for law-enforcement officers as identified in 6VAC20-20-21 and 6VAC20-20-40.
B. The director may grant an exemption or partial exemption from the compulsory minimum training standards and the requirements set forth in 6VAC20-20-21 to a law-enforcement officer of any a political subdivision of the Commonwealth who has had previous experience and training as provided in § 9-173 § 9.1-116 of the Code of Virginia.
C. Any A person not employed as a full-time or part-time law-enforcement officer on July 1, 1971, who remains out of law-enforcement law enforcement for more than 24 months, upon reappointment as a full-time or part-time law-enforcement officer, shall be required to comply with the compulsory minimum training standards and the requirements identified in 6VAC20-20-21 unless provided otherwise in accordance with subsection B of this section.
6VAC20-20-40. Time requirement for completion of training.
A. Every law-enforcement officer who is Law-enforcement officers required to comply with the compulsory minimum training standards requirements of 6VAC20-20-21 shall satisfactorily complete such training the requirements within 12 months of the date of hire or appointment as a law-enforcement officer.
B. The director, or his the director's designee, may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions and requirements for the following reasons:
1. Illness Medical condition;
2. Injury;
3. Military service; or
4. Special duty assignment required and performed in the public interest;
5. Administrative leave involving the determination of worker's compensation or disability retirement issues, full-time educational leave or suspension pending investigation or adjudication of a crime; or.
6. Any other reason documented by the agency administrator. Such reason shall be specified and
C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for:
1. Failing to pass compulsory minimum training standards and requirements within specified time limits.
2. Failing the certification examination.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
C. F. Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards and requirements within 12 months of employment hire or appointment as a law-enforcement officer, or who do not receive an extension of the time limit for completion of training the requirements, shall be subject to the provisions of § 9-181 § 9.1-115 of the Code of Virginia.
G. The department shall notify the agency administrator of any officer individuals not in compliance with the requirements of this section.
6VAC20-20-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives and criteria at a certified training academy and the successful completion of field training objectives unless otherwise provided by 6VAC20-20-30 B.
B. Officers attending approved training are required to attend all classes and shall not be placed on duty or call except in cases of emergency.
6VAC20-20-61. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need which contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship which renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training, in-service training, recertification training, specialized training and instructor certification.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection B of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
D. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
E. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
F. A certified training academy is subject to inspection and review by the director or his staff.
G. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-20-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures which indicate that every officer has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Officers shall comply with the requirements of subdivision B 1 of 6VAC20-20-21.
2. Each officer shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. An officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Law-enforcement certification exam. Upon documented compliance with the compulsory minimum training standards identified in subdivision B 1 of 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
6VAC20-20-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of officers, visitors, or personnel may be expelled from the academy.
C. Notification of such action shall an expulsion will 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 and the department.
6VAC20-20-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved by the department and at such times as designated by the director. Law-enforcement agencies will receive a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The law-enforcement agency shall complete the department authorized field training completion form (Form B-13) documenting the completion of field training for officers.
C. The agency administrator shall forward a properly executed field training form sign and submit the field training completion form to the department for each officer, within 12 months of employment hire or appointment.
C. The academy director shall, within 30 days upon completion of approved training, comply with the following:
1. Submit to the department a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives, hours and instructor names listed.
D. The academy director shall furnish each instructor with the applicable performance outcomes, criteria and lesson plan guides for assigned subject matter. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-20-120. Certification status and in-service training.
A. All full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Officers shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-20-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-20)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, eff. 1/91
Field Training: Law Enforcement, B-13, rev. 1/98
Criminal Justice Training Roster, Form 41, rev. 4/94
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2, (rev. 5/2018)
Field Training: Law Enforcement, B-13, (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-20)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-50-10. 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 agency head of a local correctional facility as defined in § 53.1-1 of the Code of Virginia.
"Academy director" means the chief administrative officer of a certified training academy.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes, training objectives, criteria for testing, and lesson plan guides approved by the Committee on Training and the minimum hours approved by the board.
"Curriculum Review Committee" or "CRC" means a committee consisting of nine individuals representing the conduct of entry-level jailor or custodial officer, courthouse and courtroom security officer, and process service officer training. The composition of the committee shall be three representatives of sheriffs' offices, three representatives of regional jails, two and three representatives from academies, and one representative of the Department of Criminal Justice Services Jails Training Unit. The Committee on Training shall appoint the members of the Curriculum Review Committee.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"School director" means the chief administrative officer of an approved training school.
"Requirements" means the core elements a jail officer, deputy sheriff, court security officer, or civil process officer needs to accomplish to obtain department certification.
6VAC20-50-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivisions 7, 8, and 9 of § 9.1-102 and § 53.1-120 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for full and part-time Jailors or Custodial Officers, Courthouse and Courtroom Security Officers, and Process Service Officers. The complete document may be found on the Department of Criminal Justice Services' website at www.dcjs.virginia.gov. compulsory minimum training standards for full-time and part-time deputy sheriffs and jail officers as defined in § 53.1-1 of the Code of Virginia; persons designated to provide courthouse and courtroom security pursuant to § 53.1-120 of the Code of Virginia; and persons designated to serve process pursuant to § 8.01-293 of the Code of Virginia.
B. Academy training categories - Jailor Individuals hired as deputy sheriffs or jail officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires deputy sheriffs and jail officers comply with the following:
1. Successfully complete jail officer department approved training at a certified training academy in the following categories:
1. a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. Operations d. Jail operations;
5. e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. h. Driver Training training and transportation.
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Jailor or Custodial Officer Field Training Category 9
D. Academy training categories – Courthouse and Courtroom Security Officer.
Individuals hired as courthouse and courtroom security officers shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete courthouse and courtroom security officers department approved training at a certified training academy in the following categories:
1. Court Security a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Court Security Operations security operations;
5. Court Security e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. Transportation h. Driver training and transportation.
E. Courthouse and Courtroom Security Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
D. Individuals hired as deputy sheriffs and designated to serve process shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete process service officer department approved training at a certified training academy in the following categories:
F. Academy training categories – Process Service Officer.
1. Process Service Officer Operations a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Civil Process Operations process operations;
5. Civil Process Investigations
6. e. Defensive Tactics/Use tactics and use of Force force;
7. f. Weapons Use; and
8. Transportation g. Driver training.
G. Process Service Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-50-21. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-50-20. Amendments to the 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.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee CRC. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the training categories will only be made in accordance with the provisions of the Administrative Process Act The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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. COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-50-30. Applicability.
A. Every A person employed as a jailor or custodial sheriff deputy or jail officer as defined in § 53.1-1 of the Code of Virginia and in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards and requirements established in subsections subsection B, C, and D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
B. Every person employed as a Courthouse and Courtroom Security Officer courthouse and courtroom security officer in accordance with subdivision 7 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards established in subsections E and F subsection C of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
C. Every person employed as a Deputy Sheriff Designated to Serve Process deputy sheriff designated to serve process in accordance with § 15.2-1612.1 of the Code of Virginia shall meet compulsory minimum training standards established in subsections G and H subsection D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
D. The director may grant an exemption or partial exemption of the compulsory minimum training standards as established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who originally complied with all applicable training requirements and later separated from deputy sheriff, jail officer, courthouse and courtroom security officer, and deputy sheriff designated to serve process status in excess of 24 months, upon reentry as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process will be required to complete all compulsory minimum training standards in accordance with 6VAC20-50-20 unless provided otherwise in accordance with subsection D of this section.
6VAC20-50-40. Time requirement for completion of training.
A. Every jailor or custodial officer, courthouse and courtroom security officer and process service officer Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who is are required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment or hire as a jailor or custodial officer, courtroom security officer or process service officer deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process unless provided otherwise in accordance with subsection B of this section.
B. The director or director's designee may grant an extension of the time limit for completion of the compulsory minimum training required upon presentation of evidence by the agency administrator that such officer was unable to complete the required training within the specified time limit due to illness, injury, military service, special duty assignment required and performed in the public interest or leave without pay or suspension pending investigation or adjudication of a crime. The agency administrator shall request such extension prior to expiration of any time limit.
C. Any jailor or custodial officer, courthouse and courtroom security officer or process service officer who originally complied with all applicable training requirements and later separated from jailor or custodial officer, courtroom security officer, process service officer status, in excess of 24 months, upon reentry as a jailor, courthouse and courtroom security officer/process server will be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-50-30 D. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. The director or director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who do not satisfactorily complete the compulsory minimum training standards and requirements within 12 months of hire or appointment as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process, or who do not receive an extension of the time limit for completion of the requirements, shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
6VAC20-50-50. How compulsory minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing performance outcomes at certified training academy and field training requirements.
B. Officers attending a certified training academy are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
C. All certified training academies that begin on or after July 1, 2007, shall be conducted in conformance with the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006. However, the period July 1, 2007, through June 30, 2008, shall serve as a transition period wherein certified training academies may be approved by the department to conduct training according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial/Courthouse and Courtroom Security Officers/Deputy Sheriffs Designated to Serve Process as amended by the board on April 4, 1990, or according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006.
6VAC20-50-60. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. Provide a full range of training to include entry-level training, in-service training, instructor certification and recertification training and specialized training.
2. Assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. Maintain a training facility adequate to conduct training in accordance with academy certification standards.
4. Commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification, as outlined in subsection B of this section, to the Committee on Training, which shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process and be in compliance with § 15.2-1747 of the Code of Virginia.
D. Each certified academy director shall maintain a file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards. The certified training academy shall submit to the department its curriculum and other information as designated within time limits established by the department.
E. Certified academies that are approved shall be subject to inspection and review by the director.
F. The department may suspend or revoke the approval of a certified training school academy upon written notice to the academy's director. The notice shall contain the reason(s) upon which the suspension or revocation is based. The academy's 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 days of the date of the notice of suspension/revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-50-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every officer, prior to satisfactory completion of the training, has passed the criteria for testing and met the training objectives related to each performance outcome specified in the document entitled "Performance Outcomes for Compulsory Minimum Training Standards for Jailors or Custodial Officer, Courthouse and Courtroom Security Officers and Process Service Officers."
A. Attendance.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of emergency (e.g., natural disaster, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT of the board.
2. The officer may be tested and retested as may be necessary within the time limits of 6VAC20-50-40 A and each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-50-80. Failure to comply with rules and regulations.
Any individual A. Individuals 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the academy, the academy director may expel the officer from the academy or the safety of officers, visitors, or personnel may be expelled. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the officer in accordance with rules and regulations within the authority of the certified training academy individual and the department.
6VAC20-50-90. Administrative requirements.
The academy director shall maintain a final curriculum that includes performance outcomes, hours and instructor names.
A. Criminal justice agencies will receive a roster containing the names of those deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, and Form CP-1) documenting the completion of field training for officers.
C. The agency administrator shall sign and submit the field training completion form to the department for each officer within 12 months of hire or appointment.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-50-120. Certification status and in-service training.
A. Full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-50-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member or a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-50)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 8/05)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
Field Training: Jail Deputy and Jail Officer, J-1, (5/2018)
Field Training: Court Security Officer, CS-1, (5/2018)
Field Training: Civil Process Officers, CP-1, (5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-50)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
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 non-law-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 or recertification standards and operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" means the committee consisting of the following nine individuals: two members of the committee shall represent regional criminal justice academies, 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 department or the director's designee.
"Dispatcher" means any person employed by or in any local or state government agency either full time or part-time 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.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-60-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivision 10 of § 9.1-102 (10) of the Code of Virginia, the department under the direction of the board establishes the categories of training as listed below in subsection B of this section as the compulsory minimum training standards for dispatchers: whose duties include dispatching for law enforcement.
B. Individuals hired as dispatchers shall meet or exceed the compulsory minimum training standards in the following categories at a certified training academy:
1. Category 1 - Communications. Communication;
2. Category 2 - Dispatcher Judgment. judgment;
3. Category 3 - Legal Issues.; and
4. Category 4 - Professionalism.
5. Category 5 - On-the-Job Training.
C. Individuals hired as dispatchers shall meet or exceed the performance outcomes in the category of on-the-job training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-60-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-60-20. 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 (COT) shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, non-law-enforcement head of a communications center, or the Curriculum Review Committee (CRC).
2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed by the CRC. The CRC shall present recommendations for revisions to the COT.
Prior to C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department Department shall notify each certified training academy in writing of any new, revised, or deleted objectives COT approved revisions. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-60-30. Applicability.
A. All Full-time or part-time dispatchers employed by or in any local or state government agency whose duties include the dispatching of law-enforcement personnel and who were hired on or after July 1, 1988, must meet compulsory minimum training standards established at the time of their appointment, and requirements as identified in 6VAC20-60-20 and 6VAC20-60-40 unless provided otherwise in accordance with subsection B of this chapter section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-40. Time requirement for completion of training.
A. Every dispatcher who is Dispatchers required to comply with the compulsory minimum training standards must satisfactorily complete the required training set forth in 6VAC20-60-20, within 24 months of the date of appointment as a dispatcher, 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 compulsory minimum training standards under and requirements for the following conditions: reasons.
1. The chief of police, sheriff, or agency administrator shall present written notification that the dispatcher was unable to complete the required training within the specified time limit due to:
a. Illness 1. Medical condition;
b. 2. Injury;
c. 3. Military service; or
d. Special duty assignment required and performed in the public interest;
e. 4. Administrative leave involving the determination of workers' compensation or disability retirement issues, or suspension pending investigation or adjudication of a crime; or.
f. Any other reason documented by the agency administrator. Such reason must be specific and any C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
2. Any extension granted under subdivision 1 e of this subsection shall require the dispatcher to complete compulsory minimum training prior to resuming job duties. Requests may be granted for periods not to exceed 12 months.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
3. Dispatchers who do not satisfactorily complete compulsory minimum training standards within 24 months of appointment as a dispatcher and who do not receive an extension of the time limit for completion of the requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
3. The agency administrator must request such extension prior to expiration of any time limit.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives at a certified training academy and the successful completion of on-the-job training objectives as provided by 6VAC20-60-30 B.
B. Dispatchers attending compulsory minimum training at a certified training academy are required to attend all classes and should not be placed on duty or call except in cases of emergency.
C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin January 1, 2002. During the transition period, certified training academies may conduct dispatcher entry-level training using the performance objectives within the "Rules Relating to Compulsory Minimum Training Standards for Dispatchers," effective January 1, 1994, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective January 1, 2003, all entry-level training programs shall meet the requirements of 6VAC20-60-100.
6VAC20-60-60. Approved training schools. (Repealed.)
A. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department the curriculum and other information as designated, within time limitations established by the department.
B. Each academy director will be required to maintain a file of all current lesson plans and supporting materials for each subject contained in the compulsory minimum training standards.
C. A certified training academy is subject to inspection and review by the director or staff.
D. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
E. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training and specialized training.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training related functions and instructor certification.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
F. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection D of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
G. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
H. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives, and shall provide this information to the director upon request.
I. A certified training academy is subject to inspection and review by the director or his staff.
J. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-60-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every dispatcher has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Dispatchers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place dispatchers on duty or on call and shall advise the academy director within 24 hours.
2. Dispatchers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Dispatchers shall comply with the requirements of 6VAC20-60-20.
2. Each dispatcher shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. A dispatcher may be tested and retested as may be necessary within the time limits of 6VAC20-60-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Every individual attending compulsory minimum training shall satisfactorily complete each required performance outcome, training objective, and criteria, and any optional job related subject performance requirements, where applicable. Any individual who fails to satisfactorily complete any performance outcomes or objectives in any subject will be required to attend that subject in a subsequent approved dispatcher training school and satisfactorily complete the required performance objective or objectives.
6VAC20-60-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified training academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the dispatcher and the director individual and the department.
6VAC20-60-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved or provided by the department and at such times as designated by the director. Agencies will receive a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the department authorized on-the-job training completion form (Form D-1) documenting the completion of on-the-job training for dispatchers.
C. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-60-40, sign and forward a properly executed on-the-job training form to the department for each dispatcher.
C. The academy director shall, within 30 days upon completion of the dispatcher training:
1. Submit to the department a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives and instructor names listed.
D. The academy director shall furnish each instructor with the performance based training and testing objectives for the assigned subject matter.
E. Each certified training academy shall maintain accurate records of all tests, grades and testing procedures.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and the Virginia Public Records Act §§ 42.1-67 through 42.1-91 (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-60-95. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-60)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, rev. 04/10.
On the Job Training Dispatchers, Form D-1, rev. 09/02.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
On the Job Training Dispatchers, Form D-1 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-60)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-70-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning meanings, unless the context clearly indicates otherwise.:
"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.
"Academy director" means the chief administrative officer of a certified training academy.
"Agency administrator" means any chief of police, sheriff, agency head of a state or local law-enforcement agency, or the director of the Department of Corrections or his designee.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 the Department of Corrections administration.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Noncustodial employee" includes means those employees specifically designated by the director of the Department of Corrections who, by their appointment, must carry a weapon.
"School director" means the chief administrative officer of an approved training school.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-70-20. Compulsory minimum training standards for noncustodial employees.
Pursuant to the provisions of §§ 18.2-308 (5), 19.2-81.2, 9-170 and 53.1-29 of the Code of Virginia, the board establishes the following as the compulsory minimum training standards for noncustodial employees of the Department of Corrections:
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Hours
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1. General
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1
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a. Orientation
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b. Evaluation
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2. Skills
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4
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a. Firearms (Four hours classroom plus range firing)
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3. Legal Matters
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3
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a. Corrections and Related Law
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1
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b. Legal Responsibility and Authority of Employees
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2
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TOTAL
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8 plus range
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A. Pursuant to the provisions of § 9.1-102 of the Code of Virginia, the department under the direction of the board shall establish the compulsory minimum training standards for the Department of Corrections, Division of Adult Institutions. Pursuant to §§ 19.2-81.2 and 53.1-29 of the Code of Virginia noncustodial employees of the Department of Corrections who have the authority to detain an individual and noncustodial employees who have been designated to carry a weapon by the Director of the Department of Corrections shall meet or exceed the compulsory minimum training standards at a certified training academy or satellite facility.
B. Noncustodial employees shall comply with the following noncustodial employee training that includes receiving a minimum of 80 hours of department approved training in the following categories:
1. Security and supervision;
2. Communication;
3. Safety;
4. Emergency response;
5. Conflict and crisis management;
6. Law and legal;
7. Duty assignments and responsibilities;
8. Professionalism; and
9. Firearms training.
6VAC20-70-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-70-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-70-30. Applicability.
Every A. A person employed in a noncustodial position who by appointment to that position has been designated by the Director of the Department of Corrections to carry a weapon must shall meet the requirements and compulsory minimum training standards herein established in 6VAC20-70-20 and 6VAC20-70-40.
B. Noncustodial employees meeting all of the following conditions shall not be required to complete the compulsory minimum training standards:
1. The noncustodial employee was previously employed as a corrections officer;
2. The noncustodial employee originally complied with all the compulsory minimum training requirements of 6VAC20-100 (Rules Relating to compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions); and
3. At the time of appointment a period of 24 months or less has passed since the noncustodial employee served in the position of a corrections officer.
6VAC20-70-40. Time required for completion of training.
A. Every No noncustodial employee, so designated as defined in this chapter, shall not carry a weapon until the compulsory minimum training standards as set forth in 6VAC20-70-20 have been satisfactorily completed.
B. Every noncustodial employee, so designated as defined in this chapter, shall satisfactorily complete the compulsory minimum training standards for noncustodial employees within 120 days 12 months of assuming a position which that is designated as a noncustodial position.
C. The director may grant an extension of the time limit for completion of the compulsory minimum training standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
D. The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
E. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
F. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or correctional officer status for a period of 24 months or less, upon reentry as a noncustodial employee, shall be required to complete compulsory in-service training and complete annual firearms training set forth in 6VAC20-70-115.
G. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or corrections officer status for a period greater than 24 months, upon reentry as a noncustodial employee, shall be required to complete all compulsory minimum training standards set forth in this chapter.
6VAC20-70-50. How compulsory minimum training standards may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Noncustodial employees attending an approved training school are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
6VAC20-70-60. Approved training schools. (Repealed.)
A. Noncustodial employees training schools must be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools 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, instructors, dates and times for the entire proposed training session shall be submitted to the department 30 days prior to the beginning of each proposed session. An exemption to the 30 day requirement may be waived for good cause shown by the school director.
B. Each school director will be required to maintain a current file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved will be subject to inspection and review by the director or staff, or both.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-70-70. Grading Attendance, requirements, testing, and grading.
A. All written examinations shall include a minimum of two questions for each hour of mandatory instruction. This requirement likewise includes the classroom instruction on performance-oriented subject matter.
B. All noncustodial employees shall attain a minimum grade of 70% in each grading category to satisfactorily complete the compulsory minimum training standards. Any noncustodial employee who fails to attain the minimum 70% in any grading category will be required to take all subjects comprising that grading category in a subsequent approved training school.
A. Attendance.
1. Noncustodial employees attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, riot, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place the noncustodial employee on duty or on call and shall advise the academy director within 24 hours.
2. Noncustodial employees shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Noncustodial employees shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A noncustodial employee may be tested and retested as may be necessary within the time limits of 6VAC20-70-40 and each certified training academy's written policy. A noncustodial employee shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Approved noncustodial employee training schools shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-70-80. Firearms. (Repealed.)
The following firearms training will be applicable to noncustodial employees of the Department of Corrections who have been designated to carry a weapon:
1. Classroom - Service handgun, shotgun and special weapons (four hours).
a. Nonmenclature and Care of Weapons
b. Safety
c. Legal Aspects of Firearms Use
d. Principles of Shooting
e. Special Weapons (as utilized by the Department of Corrections) - Familiarization, no firing
2. Range.
a. Service Handgun.
(1) combat course (double action)
60 rounds
Silhouette Target
Qualification - 70% (5 points per hit on silhouette)
(Minimum 210 points out of a possible 300 points)
(2) Course.
7 yards - two handed crouch - 6 rounds (one on whistle)
7 yards - two handed crouch - 6 rounds (two on whistle)
7 yards - two handed crouch - 12 rounds (30 seconds from whistle)
15 yards - two handed point shoulder - 6 rounds (one on whistle)
15 yards - two handed point shoulder - 6 rounds - (two on whistle)
15 yards - two handed point shoulder - 12 rounds (30 seconds from whistle)
25 yards - two handed point shoulder - 6 rounds (10 seconds/right hand)
25 yards - two handed point shoulder - 6 rounds (10 seconds/left hand)
b. Shotgun
10 rounds
Bobber Target
No. 4 Buck
Qualification - 80% (10 points per hit on bobber target)
25 yards - shoulder position - 10 rounds
6VAC20-70-90. Recertification. (Repealed.)
A. All noncustodial employees shall recertify every other calendar year by satisfactorily completing the firearms training set forth in 6VAC20-70-80. The specific time frame for compliance by currently certified noncustodial employees is enumerated in subsections C and D. Any noncustodial employee who does not comply as set forth below in subsections C and D shall be subject to the provisions of § 9-181 of the Code of Virginia.
B. All noncustodial employees shall be required to qualify annually with service handgun and shotgun in accordance with 6VAC20-70-80.
C. All noncustodial employees whose recertification due date is in 1987 shall comply with the recertification requirements by December 31, 1987, and thereafter by December 31 of every other calendar year.
D. All noncustodial employees whose recertification due date is in 1988 shall comply with the recertification requirements by December 31, 1988, and thereafter by December 31 of every other calendar year.
6VAC20-70-100. Failure to comply with rules and regulations.
A. Noncustodial employees Any individual attending an approved training school certified training academy shall comply with the rules and regulations promulgated by the department and any other rules and regulations within the authority of the school director board. The academy director of the school shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
If the school director considers a violation of the rules and regulations B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director may expel the noncustodial employee certified training academy or the safety of the noncustodial employees, officers, visitors, or personnel may be expelled from the school academy.
Consistent with Department of Corrections' policy, notification of such action shall C. Notification of an expulsion will immediately be reported in writing to the supervisor of the individual expelled and the appropriate Department of Corrections Division Director agency administrator or designee and the department.
6VAC20-70-110. Administrative requirements.
A. Reports will be required from the school director on forms approved by the department and at such times as designated by the director.
B. The school director shall, within 30 days upon completion of an approved training school, comply with the following:
1. Submit to the department a roster containing the names of those noncustodial employees who have satisfactorily completed all training requirements and, if applicable, a revised curriculum for the training session.
C. The school director shall furnish each instructor with a complete set of course resumes and objectives for the assigned subject matter.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-70-115. In-service training and annual firearms training.
A. Every two years, noncustodial employees as defined in 6VAC20-70-10 shall complete a total of 40 hours of in-service training as identified in this subsection by December 31 of the second calendar year after completing approved training at a certified training academy or satellite facility.
1. Cultural diversity training for two hours.
2. Legal training for four hours.
3. Career development or elective training for 34 hours. Subjects to be provided are at the discretion of the academy director.
B. Firearms training. Every noncustodial employee required to carry a firearm in the performance of duty shall qualify annually using the applicable firearms course approved by the COT of the board. Annual range qualification shall include a review of issues and policies relating to weapons safety, nomenclature, maintenance, and use of force. With prior approval of the director, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.
6VAC20-70-120. Effective date. (Repealed.)
These rules shall be effective on and after July 1, 1987, and until amended or repealed.
6VAC20-70-130. Adopted: October 12, 1979. (Repealed.)
Amended: April 1, 1987.
FORMS (6VAC20-70)
Criminal Justice Training Roster, Form 41, eff. 1/93.
CHAPTER 90
RULES RELATING TO REGIONAL CRIMINAL JUSTICE TRAINING ACADEMIES
6VAC20-90-10. 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 or local law-enforcement agency.
"Approved training" means any training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department.
"External classroom" means a training room approved by the department located away from the certified academy, which the certified academy uses to conduct mandated training, using full-time academy staff with general instructorships.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Regional Academy" means Regional Criminal Justice Training Academy.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-90-20. Designation.
A. The regional academies set forth below in this subsection are designated as regional academies and are eligible to receive allocated funds from the department.
Cardinal Criminal Justice Academy
Salem, Virginia
Central Shenandoah Criminal Justice Training Academy
Waynesboro, Virginia
Central Virginia Criminal Justice Academy
Lynchburg, Virginia
Crater Criminal Justice Academy
Petersburg, Virginia
Hampton Roads Regional Academy of Criminal Justice
Newport News, Virginia
New River Criminal Justice Training Academy
Radford, Virginia
Northern Virginia Criminal Justice Academy
Ashburn, Virginia
Piedmont Regional Criminal Justice Training Academy
Martinsville, Virginia
Rappahannock Regional Criminal Justice Academy
Fredericksburg, Virginia
Skyline Regional Criminal Justice Academy
Front Royal, Virginia
Southwest Law Enforcement Virginia Criminal Justice Academy
Bristol, Virginia
B. Jurisdictions may operate their own certified independent training academies if approved by the department; however, no state funds will be available for such academies. A jurisdiction, within or without the Commonwealth, may join a regional academy at any time subject to complying with the policies established by the board requirements of §§ 15.2-1300 and 15.2-1747 of the Code of Virginia, and this chapter.
C. A regional academy site may be changed by the academy governing body with the approval of the board.
D. Training, where practical, shall be conducted at designated satellite locations throughout the geographical confines of the regional academy to ensure minimum travel for student officers.
E. The board shall define geographical boundaries of designated regional academies.
6VAC20-90-30. Academy governing body.
Each regional academy shall have a charter, which shall be established in accordance with § §§ 15.2-1300 and 15.2-1747 of the Code of Virginia. The charter shall, in accordance with guidelines established by the board, create an academy governing body and specify the composition, authority and functions of the academy governing body and selection criteria and duties of the regional academy director.
6VAC20-90-40. Funds.
The department will disburse funds to the regional academies designated in 6VAC20-90-20 in accordance with the appropriations made to the department for the purpose of providing financial support to the regional training academies. Financial reports An operating budget and independent audit by a third-party auditor will be required as determined by the department to be submitted to the department annually.
6VAC20-90-60. Academy creation.
A. Conduct training needs assessment. To determine if a need exists for the creation of a certified training academy, a state or local unit of government must complete a training needs assessment. The needs assessment will evaluate the following:
1. The inability to obtain adequate training from existing academies.
2. A hardship that renders the use of other existing academies impractical.
3. The number of criminal justice professionals (i.e., students) the certified training academy would serve.
4. That there are a sufficient number of criminal justice professionals, financial resources, and academy personnel to support the creation and maintenance of a full-time regional or independent training academy for a minimum of five years.
B. Identify and acknowledge commitments. The state or local unit of government shall in writing make the following commitments:
1. The provision of a full range of training to include basic training, in-service training, and instructor certification and recertification training.
2. The assignment of one position with primary responsibility as academy director and one clerical, financial officer, or support position to support training and training-related functions.
3. The provision of adjunct instructors to instruct classes and courses.
4. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
5. The commitment of sufficient funding to adequately support the training function.
C. Review and consideration.
1. The state or local governmental unit shall submit a training needs assessment and written commitments to the Committee on Training (COT) as described in subsections A and B of this section.
2. The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.
3. If the COT recommends the creation of the proposed academy, the department shall make a determination as to whether the creation of an academy is warranted.
a. If the creation of a regional academy is approved by the department, the governing bodies or political subdivisions of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of § 15.2-1747 of the Code of Virginia.
b. If the creation of an independently operated academy is approved by the department, the governing body of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of subsection D of § 15.2-1747 of the Code of Virginia.
6VAC20-90-70. Academy certification.
A. An academy shall not conduct mandated training until the academy meets all certification requirements.
B. Training academies, all places of operation (i.e., satellite facilities, external classrooms, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced or unannounced.
C. The academy must formally request academy certification status from the department and meet the following requirements:
1. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy certification.
2. The academy shall meet 100% the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
3. Certification is valid for one year from the date of certification.
a. In order to maintain certification status, the academy must successfully complete the academy recertification process before the expiration of the original certification.
b. The recertification will extend the expiration date to June 30 of the third year following the date of recertification.
D. If the academy does not meet one or more certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report:
1. The academy director will receive written notification of the certification standards that have not been met and the date when a reassessment will be conducted.
2. The department shall provide the written notification and date of reassessment within five business days of the last date of assessment.
3. The academy will be given time to correct the situation, not to exceed 60 days.
4. Department staff shall reassess the academy. If the academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator or board chairman of the academy. The academy will have a maximum of 30 days to comply with all certification standards.
5. A second reassessment will be conducted no later than 30 days following the first reassessment. If the academy is still not in compliance with all certification standards at the time of the second reassessment, the department shall not certify the academy.
6. The academy director may appeal the findings of the academy certification to the director. The decision of the director is final.
E. Academies failing to meet the certification requirements or losing on appeal shall restart the academy certification process identified within this section beginning with 6VAC20-90-70 C.
6VAC20-90-80. Academy recertification.
A. A certified training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.
B. A certified training academy, all places of operation (i.e., satellite facilities, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced and unannounced.
C. The certified training academy must successfully complete the academy recertification process before June 30 of the third year from the last date of recertification.
D. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy recertification.
1. The certified training academy shall meet 100% of the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
2. If the certified training academy does not meet one or more recertification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report:
a. The academy director will receive written notification of the recertification standards that have not been met along with a department drafted corrective action plan and the date when a reassessment will be conducted within five business days from the last date of assessment.
b. The certified training academy will be given time to correct the situation, not to exceed 60 days.
c. The department staff shall reassess the certified training academy. If the certified training academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator, or board chairman of the certified training academy. The certified training academy will have a maximum of 30 days to comply with all certification standards.
d. A second reassessment will be conducted no later than 30 days following the first reassessment. If the certified training academy is still not in compliance with all certification standards at the time of the second reassessment, the director shall suspend the academies certification in accordance with 6VAC20-90-100 and conduct a hearing within 30 days to determine the status of the academy's certification.
E. The director shall review all pertinent documents.
1. The academy will have an opportunity to make a verbal presentation.
2. After a review of all pertinent information, the director shall determine the status of the academy certification.
F. The academy director may seek appeal to the enforcement actions identified in 6VAC20-90-100 of the academy recertification assessment.
1. The academy director may request a hearing before Executive Committee of the Criminal Justice Services Board. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of probation, suspension, or revocation.
2. The academy will have an opportunity to make a verbal presentation before the executive committee.
3. After a review of all pertinent information, the executive committee shall determine the status of the certification.
6VAC20-90-90. Training requirements, approvals, audits, inspections, and reviews.
A. The certified training academy shall conduct mandated (e.g., basic) training using the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards for:
1. Law enforcement officers in accordance with the requirements of 6VAC20-20-21 B 1.
2. Deputy sheriffs and jail officers in accordance with the requirements of 6VAC20-50-20 B 1.
3. Courthouse and courtroom security officers in accordance with the requirements of 6VAC20-50-20 C 1.
4. Deputy sheriffs designated to serve process in accordance with the requirements of 6VAC20-50-20 D 1.
5. Dispatchers in accordance with the requirements of 6VAC20-60-20 B.
6. Noncustodial employees of the Department of Corrections designated by the Director of the Department of Corrections to carry a weapon in accordance with the requirements of 6VAC20-70-20.
7. Correctional officers of the Department of Corrections in accordance with the requirements of 6VAC20-100-20 B 1.
B. The certified training academy shall submit to the department its curriculum containing the performance outcomes, instructor names, and the dates and times for all basic training, including all instructor schools and field training officer schools, and a letter requesting approval (e.g., memorandum of transmittal) at least 30 days before the start of the course.
C. The department shall review the documents submitted, and if approved, the department shall notify the certified training academy in writing of course approval.
D. The certified training academy shall approve in-service training in accordance with the requirements identified in 6VAC20-30.
E. The department shall conduct training audits, inspections, and review.
6VAC20-90-100. Enforcement actions for recertification.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter that varies from the intent of this chapter by academies and certified academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific duration of time.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter for a specific duration of time.
3. Revocation is a written notification by the director of the deactivation and removal of authorization issued under certification to operate as a certified training academy for violations of this chapter for an indefinite period of time.
B. The enforcement actions and procedures provided in this subsection are not mutually exclusive. The department may invoke as many enforcement actions as the situation requires.
1. The department may consider probation, suspension, or revocation status for a certified training academy with documented noncompliance for one or more academy recertification standards when the certified training academy has failed to correct the noncompliance in accordance with the recertification process and timeline identified in 6VAC20-90-80.
2. If there is a life, health, or safety issue or felonious criminal activity occurring during any department or academy approved training, at any location, the director may unilaterally revoke the academy's certification. The status of the revocation shall be reviewed at the next scheduled Criminal Justice Services Board meeting.
6VAC20-90-110. Enforcement actions for instruction and training.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter by certified training academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific course or class.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter.
B. The department may conduct training audits inspections and reviews and immediately suspend a class, course, or training if there is a violation of academy certification or recertification standard or requirements or if there is a life, health, or safety issue or felonious criminal activity occurring at an academy or a satellite facility. The suspension shall remain in place until the noncompliance is corrected.
C. The department may assign probation status to a certified training academy's course or class. This allows a certified academy to conduct a class with oversight from the department.
D. Probation and suspension status shall be reviewed by the department upon compliance with all requirements.
6VAC20-90-120. Attendance, testing, grading, and recordkeeping.
A. The certified training academy shall establish, maintain, and follow a policy that requires criminal justice professionals to attend all classes except in emergency situations (i.e., natural disaster, catastrophic event, etc.) and notify criminal justice professionals of their responsibility for any material missed during an excused absence per academy policy.
B. The certified training academy shall utilize testing procedures that indicate that every criminal justice professional has satisfactorily completed the criteria for every training objective and performance outcome approved by the Committee on Training of the Criminal Justice Services Board and located in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards.
C. A criminal justice officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40, 6VAC20-50-40, 6VAC20-60-40, 6VAC20-70-40, or 6VAC20-100-40 and in accordance with each certified training academy's written policy.
D. Law-enforcement certification exam.
1. The department shall generate and proctor the law-enforcement certification exam.
2. All certified training academies shall document that each law-enforcement officer has complied with all minimum training standards in all categories identified in 6VAC20-20-21 before scheduling the law-enforcement certification exam.
3. Upon documented compliance with the minimum training standards identified in 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
E. The academy director shall certify criminal justice professional have complied with the applicable rules relating to the compulsory minimum training standards and requirements. The academy director shall submit the following information using the department's electronic training records management system within 60 days of the last day of completing the compulsory minimum training or in-service training.
1. Name of certified training academy and academy director's name;
2. Start and end dates of training;
3. Name and type of course;
4. Social security number of criminal justice professionals;
5. Last name, first name, and middle initial of criminal justice professionals;
6. Name of criminal justice professional's employing agency; and
7. Academy director's signature and date.
F. Certified training academies shall maintain accurate records of all tests, grades, and testing procedures.
G. The certified training academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
H. The certified training academy shall maintain training records in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-90-130. Failure to comply with rules and regulations.
A. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
B. Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the certified training academy and the department.
C. Individuals violating the rules and regulations governing the certified training academy or violating the rules of the certified training academy determined to be detrimental to the welfare of the academy or the safety of officers, visitors, or personnel may be expelled.
D. Notification of expulsion will immediately be reported in writing to the agency administrator of the individual and the department.
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-90)
DCJS Certified Criminal Justice Training Academy Certification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
Satellite Facility Worksheet, May 2018, Virginia Department of Criminal Justice Services
Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards, published online September 2012, (Revised March 2018) available on the Virginia Department of Criminal Justice Services website at https://www.dcjs.virginia.gov/law-enforcement/manual
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, or 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.
"Approved training" means training approved by the department to meet minimum training standards.
"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 or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"Satellite facility" means a temporary facility located away from the certified training academy facility, which the certified academy uses exclusively to conduct in-service training.
"School director" means the chief administrative officer of an approved training school.
6VAC20-100-20. Compulsory minimum training standards.
A. Pursuant to the provisions of § 9-170 7 of the subdivision 9 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the following as the compulsory minimum training standards for full-time or part-time correctional 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. Individuals hired as correctional officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed the compulsory minimum training standards at a certified training academy and complete field training requirements. Correctional officers shall comply with the following:
1. Successfully complete basic correctional officer training at a certified training academy or satellite facility, which includes receiving a minimum of 400 hours of department approved training in the following categories:
a. Security and supervision;
b. Communication;
c. Safety;
d. Emergency response;
e. Conflict and crisis management;
f. Law and legal;
g. Duty assignments and responsibilities;
h. Professionalism;
i. Basic corrections officer firearms training; and
j. Physical fitness training.
2. Successfully complete a minimum of 200 hours of approved training in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-100-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-100-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-100-30. Applicability.
A. Every A person employed as a full-time or part-time correctional officer, and who has not met the compulsory minimum training standards for correctional officers subsequent to the effective date of these regulations, in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia, shall meet the compulsory minimum training standards herein and requirements established in 6VAC20-100-20 and 6VAC20-100-40 unless provided otherwise in accordance with subsection B of this section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein, 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 officer Correctional officers who is are 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 compulsory 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. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. Any correctional officer The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Correctional officers who do not receive an extension of the time limit for completion of requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
G. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, more than 12 months but less than for a period of 24 months or less, upon reentry as a correctional officer, will be required to complete all compulsory minimum training standards set forth in 6VAC20-100-20 A 1 in-service and firearms training requirements set forth in 6VAC20-30.
D. Any correctional officer H. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, in excess of for a period greater than 24 months, upon reentry as a correctional officer shall be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-100-20 A 1 required for correctional officers as set forth in this chapter.
6VAC20-100-50. How minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Officers attending an approved training school are required to be present for all classes and should not be placed on duty or on call except in cases of emergency. In the event of such an emergency, the agency administrator shall advise the school director within 24 hours. Officers will 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. (Repealed.)
A. Correctional officer training schools shall be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools, 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 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. An exemption to the 30-day requirement may be granted for good cause shown by the school director.
B. Each school director shall be required to maintain a file of all lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved shall be subject to inspection and review by the director or staff.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-100-70. Grading Attendance, requirements, testing, and grading.
A. Each officer shall comply with 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). All approved training schools shall utilize testing procedures which indicate that every officer, prior to satisfactory completion of the training school, 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
B. The school 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
A. Attendance.
1. Correctional officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, etc.) In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Correctional officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Correctional officers shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A correctional officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
6VAC20-100-80. Failure to comply with rules and regulations.
Any correctional officer A. Any individual attending an approved training school a certified training academy shall comply with the rules and regulations promulgated by the department and board and any other rules and regulations within the authority of the school 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 director considers a violation of B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director the certified training academy or the safety of officers, visitors, or personnel may expel the officer be expelled from the school academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the corrections facility director manager of the officer and the director agency administrator or designee and the department.
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.
B. The school director shall, within 30 days upon completion of an approved training school session, comply with the following:
1. Prepare a grade report on each officer maintaining the original for academy records and forwarding a copy to the corrections facility director/manager of the officer.
2. 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. The school director shall furnish each instructor with the applicable performance objectives for the assigned subject matter.
D. Approved correctional officer training schools shall maintain accurate records of all tests, grades and testing procedures.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training school records shall be maintained in accordance with the provisions of these rules this chapter and §§ the Virginia Public Records Act (§ 42.1-76 through 42.1-91 et seq. of the Code of Virginia).
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.
NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
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.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-100)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
VA.R. Doc. No. R18-5427; Filed May 23, 2018, 3:08 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Withdrawal of Proposed Regulation
Title of Regulation: 6VAC20-60. Rules Relating to
Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10 through 6VAC20-60-90).
Statutory Authority: § 9.1-102 of the Code of Virginia.
Notice is hereby given that the Criminal Justice Services Board
has WITHDRAWN the proposed regulatory action for 6VAC20-60, Rules Relating
to Compulsory Minimum Training Standards for Dispatchers, which was
published in 33:20 VA.R. 2183-2189 May 29, 2017. A
new action will be initiated that will separate the responsibilities of the
dispatcher and the agency from the responsibilities of the academy.
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.
VA.R. Doc. No. R16-4634; Filed May 14, 2018, 1:51 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Withdrawal of Proposed Regulation
Title of Regulation: 6VAC20-70. Rules Relating to
Compulsory Minimum Training Standards for Noncustodial Employees of the
Department of Corrections (amending 6VAC20-70-10 through 6VAC20-70-70,
6VAC20-70-100, 6VAC20-70-110; adding 6VAC20-70-25, 6VAC20-70-115; repealing
6VAC20-70-80, 6VAC20-70-90, 6VAC20-70-120, 6VAC20-70-130).
Statutory Authority: § 9.1-102 of the Code of Virginia.
Notice is hereby given that the Department of Criminal Justice
Services has WITHDRAWN the proposed regulatory action for 6VAC20-70, Rules
Relating to Compulsory Minimum Training Standards for Noncustodial Employees of
the Department of Corrections, which was published in 33:22 VA.R. 2424-2430 June 26, 2017. A
new action will be initiated that will separate the responsibilities of the
noncustodial employee and the agency from the responsibilities of the academy.
Agency Contact: Barbara Peterson-Wilson, Law Enforcement
Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street
12th Floor, Richmond, VA 23219, telephone (804) 225-4503, FAX (804) 786-0410,
or email barbara.peterson-wilson@dcjs.virginia.gov.
VA.R. Doc. No. R16-4542; Filed May 14, 2018, 1:53 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Proposed Regulation
REGISTRAR'S NOTICE: The Department of Criminal Justice Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 26 of the Code of Virginia, which exempts the department when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102 of the Code of Virginia, provided such actions are authorized by the Governor in the interest of public safety.
Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10 through 6VAC20-20-40, 6VAC20-20-70, 6VAC20-20-80, 6VAC20-20-90; adding 6VAC20-20-120, 6VAC20-20-130; repealing 6VAC20-20-20, 6VAC20-20-50, 6VAC20-20-61).
6VAC20-50. Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers (amending 6VAC20-50-10 through 6VAC20-50-40, 6VAC20-50-70, 6VAC20-50-80, 6VAC20-50-90; adding 6VAC20-50-120, 6VAC20-50-130; repealing 6VAC20-50-50, 6VAC20-50-60).
6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10 through 6VAC20-60-40, 6VAC20-60-70, 6VAC20-60-80, 6VAC20-60-90; adding 6VAC20-60-95; repealing 6VAC20-60-50, 6VAC20-60-60).
6VAC20-70. Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections (amending 6VAC20-70-10 through 6VAC20-70-40, 6VAC20-70-70, 6VAC20-70-100, 6VAC20-70-110; adding 6VAC20-70-25, 6VAC20-70-115; repealing 6VAC20-70-50, 6VAC20-70-60, 6VAC20-70-80, 6VAC20-70-90, 6VAC20-70-120, 6VAC20-70-130).
6VAC20-90. Rules Relating to Regional Criminal Justice Training Academies (amending 6VAC20-90-10 through 6VAC20-90-40; adding 6VAC20-90-60 through 6VAC20-90-130).
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 6VAC20-100-40, 6VAC20-100-70, 6VAC20-100-80, 6VAC20-100-90; adding 6VAC20-100-25; repealing 6VAC20-100-50, 6VAC20-100-60, 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: August 13, 2018.
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.
Summary:
The proposed amendments to all chapters (i) separate agency responsibility and academy responsibility; (ii) codify Department of Criminal Justice Services practice and policy; (iii) clarify that training extensions will not be granted for failing to pass or meet compulsory minimum training standards and requirements; and (iv) correct and update Code of Virginia citations and address inconsistent terminology, definitions, and processes.
Additionally, proposed amendments to 6VAC20-90 (i) provide training academies clear instructions on the requirements for certification and recertification; (ii) codify the current department policy and practice, which requires academies meet 100% of the certification standards identified in the Certified Criminal Justice Training Academy Certification Checklist and Report for initial certification and the Certified Criminal Justice Training Academy Recertification Checklist and Report for recertification; (iii) describe the process, responsibilities, and timeline for reassessment and the application of enforcement actions, including probation, suspension, and revocation, in detail; (iv) describe the appeal process, including an initial appeal to the director of the department and a second opportunity to appeal to the Executive Committee of the Criminal Justice Services Board; and (v) identify the process for creating a regional academy, those regional academies eligible to receive state funding, and the department's ability to suspend or revoke the certification of a certified training academy.
6VAC20-20-10. 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 or local law-enforcement agency.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local units unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified academies. Four members of the committee shall represent regional criminal justice academies, four members of the committee shall represent independent criminal justice academies, and one member shall represent the Department of State Police Training Academy. 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 or his the director's designee.
"Requirements" means the core elements an officer needs to accomplish to obtain law-enforcement certification.
6VAC20-20-20. Compulsory minimum training standards. (Repealed.)
Pursuant to the provisions of subdivision 2 of § 9-170 of the Code of Virginia, the department establishes these standards for compulsory minimum training for full-time and part-time law-enforcement officers.
6VAC20-20-21. Performance outcomes and minimum hours required Compulsory minimum training standards and requirements.
A. Pursuant to the provisions of subdivision 2 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for Law-Enforcement Officers. The complete document may be found on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov compulsory minimum training for full-time and part-time law-enforcement officers.
B. Academy training.
1. Category 1 - Professionalism
2. Category 2 - Legal Issues
3. Category 3 - Communications
4. Category 4 - Patrol
5. Category 5 - Investigations
6. Category 6 - Defensive Tactics/Use of Force
7. Category 7 - Weapons Use
8. Category 8 - Driver Training
9. Category 9 - Physical Training (Optional)
ACADEMY TRAINING HOURS - 480 (excluding Category 9)
C. Field training.
Category 10 - Field Training
FIELD TRAINING HOURS - 100
TOTAL MINIMUM TRAINING STANDARDS HOURS - 580 (excluding Category 9)
B. An individual hired as a law-enforcement officer as defined in § 9.1-101 of the Code of Virginia shall comply with the following law-enforcement certification requirements:
1. Successfully complete law-enforcement basic training at a certified training academy, which includes receiving a minimum of 480 hours of department approved training in the following categories:
a. Professionalism,
b. Legal,
c. Communication,
d. Patrol,
e. Investigations,
f. Defensive tactics and use of force,
g. Weapons, and
h. Driver training.
2. Successfully complete a minimum of 100 hours of approved training in the category of field training by meeting or exceeding the field training performance outcomes identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Law-enforcement officers become certified upon meeting all compulsory minimum training standards and requirements that include documented completion of all performance outcomes, the law enforcement certification exam, and field training.
6VAC20-20-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories and hours of the compulsory minimum training standards identified in 6VAC20-20-21. Amendments to training categories and hours 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 (COT) of the Criminal Justice Services Board board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), an interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the hours and training categories will only be made in accordance with the provisions of the Administrative Process Act by the CRC. The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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 COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-20-30. Applicability.
A. Every A person employed as a full-time or part-time law-enforcement officer, as defined by § 9-169 (9) § 9.1-101 of the Code of Virginia, subsequent to after July 1, 1971, shall satisfactorily complete the compulsory minimum training standards and the requirements for law-enforcement officers as identified in 6VAC20-20-21 and 6VAC20-20-40.
B. The director may grant an exemption or partial exemption from the compulsory minimum training standards and the requirements set forth in 6VAC20-20-21 to a law-enforcement officer of any a political subdivision of the Commonwealth who has had previous experience and training as provided in § 9-173 § 9.1-116 of the Code of Virginia.
C. Any A person not employed as a full-time or part-time law-enforcement officer on July 1, 1971, who remains out of law-enforcement law enforcement for more than 24 months, upon reappointment as a full-time or part-time law-enforcement officer, shall be required to comply with the compulsory minimum training standards and the requirements identified in 6VAC20-20-21 unless provided otherwise in accordance with subsection B of this section.
6VAC20-20-40. Time requirement for completion of training.
A. Every law-enforcement officer who is Law-enforcement officers required to comply with the compulsory minimum training standards requirements of 6VAC20-20-21 shall satisfactorily complete such training the requirements within 12 months of the date of hire or appointment as a law-enforcement officer.
B. The director, or his the director's designee, may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions and requirements for the following reasons:
1. Illness Medical condition;
2. Injury;
3. Military service; or
4. Special duty assignment required and performed in the public interest;
5. Administrative leave involving the determination of worker's compensation or disability retirement issues, full-time educational leave or suspension pending investigation or adjudication of a crime; or.
6. Any other reason documented by the agency administrator. Such reason shall be specified and
C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for:
1. Failing to pass compulsory minimum training standards and requirements within specified time limits.
2. Failing the certification examination.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
C. F. Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards and requirements within 12 months of employment hire or appointment as a law-enforcement officer, or who do not receive an extension of the time limit for completion of training the requirements, shall be subject to the provisions of § 9-181 § 9.1-115 of the Code of Virginia.
G. The department shall notify the agency administrator of any officer individuals not in compliance with the requirements of this section.
6VAC20-20-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives and criteria at a certified training academy and the successful completion of field training objectives unless otherwise provided by 6VAC20-20-30 B.
B. Officers attending approved training are required to attend all classes and shall not be placed on duty or call except in cases of emergency.
6VAC20-20-61. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need which contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship which renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training, in-service training, recertification training, specialized training and instructor certification.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection B of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
D. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
E. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
F. A certified training academy is subject to inspection and review by the director or his staff.
G. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-20-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures which indicate that every officer has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Officers shall comply with the requirements of subdivision B 1 of 6VAC20-20-21.
2. Each officer shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. An officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Law-enforcement certification exam. Upon documented compliance with the compulsory minimum training standards identified in subdivision B 1 of 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
6VAC20-20-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of officers, visitors, or personnel may be expelled from the academy.
C. Notification of such action shall an expulsion will 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 and the department.
6VAC20-20-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved by the department and at such times as designated by the director. Law-enforcement agencies will receive a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The law-enforcement agency shall complete the department authorized field training completion form (Form B-13) documenting the completion of field training for officers.
C. The agency administrator shall forward a properly executed field training form sign and submit the field training completion form to the department for each officer, within 12 months of employment hire or appointment.
C. The academy director shall, within 30 days upon completion of approved training, comply with the following:
1. Submit to the department a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives, hours and instructor names listed.
D. The academy director shall furnish each instructor with the applicable performance outcomes, criteria and lesson plan guides for assigned subject matter. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-20-120. Certification status and in-service training.
A. All full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Officers shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-20-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-20)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, eff. 1/91
Field Training: Law Enforcement, B-13, rev. 1/98
Criminal Justice Training Roster, Form 41, rev. 4/94
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2, (rev. 5/2018)
Field Training: Law Enforcement, B-13, (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-20)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-50-10. 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 agency head of a local correctional facility as defined in § 53.1-1 of the Code of Virginia.
"Academy director" means the chief administrative officer of a certified training academy.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes, training objectives, criteria for testing, and lesson plan guides approved by the Committee on Training and the minimum hours approved by the board.
"Curriculum Review Committee" or "CRC" means a committee consisting of nine individuals representing the conduct of entry-level jailor or custodial officer, courthouse and courtroom security officer, and process service officer training. The composition of the committee shall be three representatives of sheriffs' offices, three representatives of regional jails, two and three representatives from academies, and one representative of the Department of Criminal Justice Services Jails Training Unit. The Committee on Training shall appoint the members of the Curriculum Review Committee.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"School director" means the chief administrative officer of an approved training school.
"Requirements" means the core elements a jail officer, deputy sheriff, court security officer, or civil process officer needs to accomplish to obtain department certification.
6VAC20-50-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivisions 7, 8, and 9 of § 9.1-102 and § 53.1-120 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for full and part-time Jailors or Custodial Officers, Courthouse and Courtroom Security Officers, and Process Service Officers. The complete document may be found on the Department of Criminal Justice Services' website at www.dcjs.virginia.gov. compulsory minimum training standards for full-time and part-time deputy sheriffs and jail officers as defined in § 53.1-1 of the Code of Virginia; persons designated to provide courthouse and courtroom security pursuant to § 53.1-120 of the Code of Virginia; and persons designated to serve process pursuant to § 8.01-293 of the Code of Virginia.
B. Academy training categories - Jailor Individuals hired as deputy sheriffs or jail officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires deputy sheriffs and jail officers comply with the following:
1. Successfully complete jail officer department approved training at a certified training academy in the following categories:
1. a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. Operations d. Jail operations;
5. e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. h. Driver Training training and transportation.
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Jailor or Custodial Officer Field Training Category 9
D. Academy training categories – Courthouse and Courtroom Security Officer.
Individuals hired as courthouse and courtroom security officers shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete courthouse and courtroom security officers department approved training at a certified training academy in the following categories:
1. Court Security a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Court Security Operations security operations;
5. Court Security e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. Transportation h. Driver training and transportation.
E. Courthouse and Courtroom Security Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
D. Individuals hired as deputy sheriffs and designated to serve process shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete process service officer department approved training at a certified training academy in the following categories:
F. Academy training categories – Process Service Officer.
1. Process Service Officer Operations a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Civil Process Operations process operations;
5. Civil Process Investigations
6. e. Defensive Tactics/Use tactics and use of Force force;
7. f. Weapons Use; and
8. Transportation g. Driver training.
G. Process Service Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-50-21. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-50-20. Amendments to the 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.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee CRC. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the training categories will only be made in accordance with the provisions of the Administrative Process Act The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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. COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-50-30. Applicability.
A. Every A person employed as a jailor or custodial sheriff deputy or jail officer as defined in § 53.1-1 of the Code of Virginia and in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards and requirements established in subsections subsection B, C, and D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
B. Every person employed as a Courthouse and Courtroom Security Officer courthouse and courtroom security officer in accordance with subdivision 7 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards established in subsections E and F subsection C of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
C. Every person employed as a Deputy Sheriff Designated to Serve Process deputy sheriff designated to serve process in accordance with § 15.2-1612.1 of the Code of Virginia shall meet compulsory minimum training standards established in subsections G and H subsection D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
D. The director may grant an exemption or partial exemption of the compulsory minimum training standards as established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who originally complied with all applicable training requirements and later separated from deputy sheriff, jail officer, courthouse and courtroom security officer, and deputy sheriff designated to serve process status in excess of 24 months, upon reentry as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process will be required to complete all compulsory minimum training standards in accordance with 6VAC20-50-20 unless provided otherwise in accordance with subsection D of this section.
6VAC20-50-40. Time requirement for completion of training.
A. Every jailor or custodial officer, courthouse and courtroom security officer and process service officer Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who is are required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment or hire as a jailor or custodial officer, courtroom security officer or process service officer deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process unless provided otherwise in accordance with subsection B of this section.
B. The director or director's designee may grant an extension of the time limit for completion of the compulsory minimum training required upon presentation of evidence by the agency administrator that such officer was unable to complete the required training within the specified time limit due to illness, injury, military service, special duty assignment required and performed in the public interest or leave without pay or suspension pending investigation or adjudication of a crime. The agency administrator shall request such extension prior to expiration of any time limit.
C. Any jailor or custodial officer, courthouse and courtroom security officer or process service officer who originally complied with all applicable training requirements and later separated from jailor or custodial officer, courtroom security officer, process service officer status, in excess of 24 months, upon reentry as a jailor, courthouse and courtroom security officer/process server will be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-50-30 D. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. The director or director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who do not satisfactorily complete the compulsory minimum training standards and requirements within 12 months of hire or appointment as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process, or who do not receive an extension of the time limit for completion of the requirements, shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
6VAC20-50-50. How compulsory minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing performance outcomes at certified training academy and field training requirements.
B. Officers attending a certified training academy are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
C. All certified training academies that begin on or after July 1, 2007, shall be conducted in conformance with the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006. However, the period July 1, 2007, through June 30, 2008, shall serve as a transition period wherein certified training academies may be approved by the department to conduct training according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial/Courthouse and Courtroom Security Officers/Deputy Sheriffs Designated to Serve Process as amended by the board on April 4, 1990, or according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006.
6VAC20-50-60. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. Provide a full range of training to include entry-level training, in-service training, instructor certification and recertification training and specialized training.
2. Assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. Maintain a training facility adequate to conduct training in accordance with academy certification standards.
4. Commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification, as outlined in subsection B of this section, to the Committee on Training, which shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process and be in compliance with § 15.2-1747 of the Code of Virginia.
D. Each certified academy director shall maintain a file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards. The certified training academy shall submit to the department its curriculum and other information as designated within time limits established by the department.
E. Certified academies that are approved shall be subject to inspection and review by the director.
F. The department may suspend or revoke the approval of a certified training school academy upon written notice to the academy's director. The notice shall contain the reason(s) upon which the suspension or revocation is based. The academy's 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 days of the date of the notice of suspension/revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-50-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every officer, prior to satisfactory completion of the training, has passed the criteria for testing and met the training objectives related to each performance outcome specified in the document entitled "Performance Outcomes for Compulsory Minimum Training Standards for Jailors or Custodial Officer, Courthouse and Courtroom Security Officers and Process Service Officers."
A. Attendance.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of emergency (e.g., natural disaster, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT of the board.
2. The officer may be tested and retested as may be necessary within the time limits of 6VAC20-50-40 A and each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-50-80. Failure to comply with rules and regulations.
Any individual A. Individuals 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the academy, the academy director may expel the officer from the academy or the safety of officers, visitors, or personnel may be expelled. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the officer in accordance with rules and regulations within the authority of the certified training academy individual and the department.
6VAC20-50-90. Administrative requirements.
The academy director shall maintain a final curriculum that includes performance outcomes, hours and instructor names.
A. Criminal justice agencies will receive a roster containing the names of those deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, and Form CP-1) documenting the completion of field training for officers.
C. The agency administrator shall sign and submit the field training completion form to the department for each officer within 12 months of hire or appointment.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-50-120. Certification status and in-service training.
A. Full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-50-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member or a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-50)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 8/05)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
Field Training: Jail Deputy and Jail Officer, J-1, (5/2018)
Field Training: Court Security Officer, CS-1, (5/2018)
Field Training: Civil Process Officers, CP-1, (5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-50)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
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 non-law-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 or recertification standards and operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" means the committee consisting of the following nine individuals: two members of the committee shall represent regional criminal justice academies, 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 department or the director's designee.
"Dispatcher" means any person employed by or in any local or state government agency either full time or part-time 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.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-60-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivision 10 of § 9.1-102 (10) of the Code of Virginia, the department under the direction of the board establishes the categories of training as listed below in subsection B of this section as the compulsory minimum training standards for dispatchers: whose duties include dispatching for law enforcement.
B. Individuals hired as dispatchers shall meet or exceed the compulsory minimum training standards in the following categories at a certified training academy:
1. Category 1 - Communications. Communication;
2. Category 2 - Dispatcher Judgment. judgment;
3. Category 3 - Legal Issues.; and
4. Category 4 - Professionalism.
5. Category 5 - On-the-Job Training.
C. Individuals hired as dispatchers shall meet or exceed the performance outcomes in the category of on-the-job training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-60-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-60-20. 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 (COT) shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, non-law-enforcement head of a communications center, or the Curriculum Review Committee (CRC).
2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed by the CRC. The CRC shall present recommendations for revisions to the COT.
Prior to C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department Department shall notify each certified training academy in writing of any new, revised, or deleted objectives COT approved revisions. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-60-30. Applicability.
A. All Full-time or part-time dispatchers employed by or in any local or state government agency whose duties include the dispatching of law-enforcement personnel and who were hired on or after July 1, 1988, must meet compulsory minimum training standards established at the time of their appointment, and requirements as identified in 6VAC20-60-20 and 6VAC20-60-40 unless provided otherwise in accordance with subsection B of this chapter section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-40. Time requirement for completion of training.
A. Every dispatcher who is Dispatchers required to comply with the compulsory minimum training standards must satisfactorily complete the required training set forth in 6VAC20-60-20, within 24 months of the date of appointment as a dispatcher, 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 compulsory minimum training standards under and requirements for the following conditions: reasons.
1. The chief of police, sheriff, or agency administrator shall present written notification that the dispatcher was unable to complete the required training within the specified time limit due to:
a. Illness 1. Medical condition;
b. 2. Injury;
c. 3. Military service; or
d. Special duty assignment required and performed in the public interest;
e. 4. Administrative leave involving the determination of workers' compensation or disability retirement issues, or suspension pending investigation or adjudication of a crime; or.
f. Any other reason documented by the agency administrator. Such reason must be specific and any C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
2. Any extension granted under subdivision 1 e of this subsection shall require the dispatcher to complete compulsory minimum training prior to resuming job duties. Requests may be granted for periods not to exceed 12 months.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
3. Dispatchers who do not satisfactorily complete compulsory minimum training standards within 24 months of appointment as a dispatcher and who do not receive an extension of the time limit for completion of the requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
3. The agency administrator must request such extension prior to expiration of any time limit.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives at a certified training academy and the successful completion of on-the-job training objectives as provided by 6VAC20-60-30 B.
B. Dispatchers attending compulsory minimum training at a certified training academy are required to attend all classes and should not be placed on duty or call except in cases of emergency.
C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin January 1, 2002. During the transition period, certified training academies may conduct dispatcher entry-level training using the performance objectives within the "Rules Relating to Compulsory Minimum Training Standards for Dispatchers," effective January 1, 1994, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective January 1, 2003, all entry-level training programs shall meet the requirements of 6VAC20-60-100.
6VAC20-60-60. Approved training schools. (Repealed.)
A. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department the curriculum and other information as designated, within time limitations established by the department.
B. Each academy director will be required to maintain a file of all current lesson plans and supporting materials for each subject contained in the compulsory minimum training standards.
C. A certified training academy is subject to inspection and review by the director or staff.
D. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
E. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training and specialized training.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training related functions and instructor certification.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
F. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection D of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
G. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
H. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives, and shall provide this information to the director upon request.
I. A certified training academy is subject to inspection and review by the director or his staff.
J. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-60-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every dispatcher has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Dispatchers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place dispatchers on duty or on call and shall advise the academy director within 24 hours.
2. Dispatchers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Dispatchers shall comply with the requirements of 6VAC20-60-20.
2. Each dispatcher shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. A dispatcher may be tested and retested as may be necessary within the time limits of 6VAC20-60-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Every individual attending compulsory minimum training shall satisfactorily complete each required performance outcome, training objective, and criteria, and any optional job related subject performance requirements, where applicable. Any individual who fails to satisfactorily complete any performance outcomes or objectives in any subject will be required to attend that subject in a subsequent approved dispatcher training school and satisfactorily complete the required performance objective or objectives.
6VAC20-60-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified training academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the dispatcher and the director individual and the department.
6VAC20-60-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved or provided by the department and at such times as designated by the director. Agencies will receive a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the department authorized on-the-job training completion form (Form D-1) documenting the completion of on-the-job training for dispatchers.
C. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-60-40, sign and forward a properly executed on-the-job training form to the department for each dispatcher.
C. The academy director shall, within 30 days upon completion of the dispatcher training:
1. Submit to the department a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives and instructor names listed.
D. The academy director shall furnish each instructor with the performance based training and testing objectives for the assigned subject matter.
E. Each certified training academy shall maintain accurate records of all tests, grades and testing procedures.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and the Virginia Public Records Act §§ 42.1-67 through 42.1-91 (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-60-95. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-60)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, rev. 04/10.
On the Job Training Dispatchers, Form D-1, rev. 09/02.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
On the Job Training Dispatchers, Form D-1 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-60)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-70-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning meanings, unless the context clearly indicates otherwise.:
"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.
"Academy director" means the chief administrative officer of a certified training academy.
"Agency administrator" means any chief of police, sheriff, agency head of a state or local law-enforcement agency, or the director of the Department of Corrections or his designee.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 the Department of Corrections administration.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Noncustodial employee" includes means those employees specifically designated by the director of the Department of Corrections who, by their appointment, must carry a weapon.
"School director" means the chief administrative officer of an approved training school.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-70-20. Compulsory minimum training standards for noncustodial employees.
Pursuant to the provisions of §§ 18.2-308 (5), 19.2-81.2, 9-170 and 53.1-29 of the Code of Virginia, the board establishes the following as the compulsory minimum training standards for noncustodial employees of the Department of Corrections:
|
|
|
|
Hours
|
|
1. General
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|
1
|
|
|
a. Orientation
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|
|
|
|
b. Evaluation
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|
|
|
2. Skills
|
|
4
|
|
|
a. Firearms (Four hours classroom plus range firing)
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|
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3. Legal Matters
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3
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|
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a. Corrections and Related Law
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1
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|
|
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b. Legal Responsibility and Authority of Employees
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2
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TOTAL
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|
8 plus range
|
A. Pursuant to the provisions of § 9.1-102 of the Code of Virginia, the department under the direction of the board shall establish the compulsory minimum training standards for the Department of Corrections, Division of Adult Institutions. Pursuant to §§ 19.2-81.2 and 53.1-29 of the Code of Virginia noncustodial employees of the Department of Corrections who have the authority to detain an individual and noncustodial employees who have been designated to carry a weapon by the Director of the Department of Corrections shall meet or exceed the compulsory minimum training standards at a certified training academy or satellite facility.
B. Noncustodial employees shall comply with the following noncustodial employee training that includes receiving a minimum of 80 hours of department approved training in the following categories:
1. Security and supervision;
2. Communication;
3. Safety;
4. Emergency response;
5. Conflict and crisis management;
6. Law and legal;
7. Duty assignments and responsibilities;
8. Professionalism; and
9. Firearms training.
6VAC20-70-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-70-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-70-30. Applicability.
Every A. A person employed in a noncustodial position who by appointment to that position has been designated by the Director of the Department of Corrections to carry a weapon must shall meet the requirements and compulsory minimum training standards herein established in 6VAC20-70-20 and 6VAC20-70-40.
B. Noncustodial employees meeting all of the following conditions shall not be required to complete the compulsory minimum training standards:
1. The noncustodial employee was previously employed as a corrections officer;
2. The noncustodial employee originally complied with all the compulsory minimum training requirements of 6VAC20-100 (Rules Relating to compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions); and
3. At the time of appointment a period of 24 months or less has passed since the noncustodial employee served in the position of a corrections officer.
6VAC20-70-40. Time required for completion of training.
A. Every No noncustodial employee, so designated as defined in this chapter, shall not carry a weapon until the compulsory minimum training standards as set forth in 6VAC20-70-20 have been satisfactorily completed.
B. Every noncustodial employee, so designated as defined in this chapter, shall satisfactorily complete the compulsory minimum training standards for noncustodial employees within 120 days 12 months of assuming a position which that is designated as a noncustodial position.
C. The director may grant an extension of the time limit for completion of the compulsory minimum training standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
D. The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
E. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
F. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or correctional officer status for a period of 24 months or less, upon reentry as a noncustodial employee, shall be required to complete compulsory in-service training and complete annual firearms training set forth in 6VAC20-70-115.
G. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or corrections officer status for a period greater than 24 months, upon reentry as a noncustodial employee, shall be required to complete all compulsory minimum training standards set forth in this chapter.
6VAC20-70-50. How compulsory minimum training standards may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Noncustodial employees attending an approved training school are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
6VAC20-70-60. Approved training schools. (Repealed.)
A. Noncustodial employees training schools must be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools 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, instructors, dates and times for the entire proposed training session shall be submitted to the department 30 days prior to the beginning of each proposed session. An exemption to the 30 day requirement may be waived for good cause shown by the school director.
B. Each school director will be required to maintain a current file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved will be subject to inspection and review by the director or staff, or both.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-70-70. Grading Attendance, requirements, testing, and grading.
A. All written examinations shall include a minimum of two questions for each hour of mandatory instruction. This requirement likewise includes the classroom instruction on performance-oriented subject matter.
B. All noncustodial employees shall attain a minimum grade of 70% in each grading category to satisfactorily complete the compulsory minimum training standards. Any noncustodial employee who fails to attain the minimum 70% in any grading category will be required to take all subjects comprising that grading category in a subsequent approved training school.
A. Attendance.
1. Noncustodial employees attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, riot, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place the noncustodial employee on duty or on call and shall advise the academy director within 24 hours.
2. Noncustodial employees shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Noncustodial employees shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A noncustodial employee may be tested and retested as may be necessary within the time limits of 6VAC20-70-40 and each certified training academy's written policy. A noncustodial employee shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Approved noncustodial employee training schools shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-70-80. Firearms. (Repealed.)
The following firearms training will be applicable to noncustodial employees of the Department of Corrections who have been designated to carry a weapon:
1. Classroom - Service handgun, shotgun and special weapons (four hours).
a. Nonmenclature and Care of Weapons
b. Safety
c. Legal Aspects of Firearms Use
d. Principles of Shooting
e. Special Weapons (as utilized by the Department of Corrections) - Familiarization, no firing
2. Range.
a. Service Handgun.
(1) combat course (double action)
60 rounds
Silhouette Target
Qualification - 70% (5 points per hit on silhouette)
(Minimum 210 points out of a possible 300 points)
(2) Course.
7 yards - two handed crouch - 6 rounds (one on whistle)
7 yards - two handed crouch - 6 rounds (two on whistle)
7 yards - two handed crouch - 12 rounds (30 seconds from whistle)
15 yards - two handed point shoulder - 6 rounds (one on whistle)
15 yards - two handed point shoulder - 6 rounds - (two on whistle)
15 yards - two handed point shoulder - 12 rounds (30 seconds from whistle)
25 yards - two handed point shoulder - 6 rounds (10 seconds/right hand)
25 yards - two handed point shoulder - 6 rounds (10 seconds/left hand)
b. Shotgun
10 rounds
Bobber Target
No. 4 Buck
Qualification - 80% (10 points per hit on bobber target)
25 yards - shoulder position - 10 rounds
6VAC20-70-90. Recertification. (Repealed.)
A. All noncustodial employees shall recertify every other calendar year by satisfactorily completing the firearms training set forth in 6VAC20-70-80. The specific time frame for compliance by currently certified noncustodial employees is enumerated in subsections C and D. Any noncustodial employee who does not comply as set forth below in subsections C and D shall be subject to the provisions of § 9-181 of the Code of Virginia.
B. All noncustodial employees shall be required to qualify annually with service handgun and shotgun in accordance with 6VAC20-70-80.
C. All noncustodial employees whose recertification due date is in 1987 shall comply with the recertification requirements by December 31, 1987, and thereafter by December 31 of every other calendar year.
D. All noncustodial employees whose recertification due date is in 1988 shall comply with the recertification requirements by December 31, 1988, and thereafter by December 31 of every other calendar year.
6VAC20-70-100. Failure to comply with rules and regulations.
A. Noncustodial employees Any individual attending an approved training school certified training academy shall comply with the rules and regulations promulgated by the department and any other rules and regulations within the authority of the school director board. The academy director of the school shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
If the school director considers a violation of the rules and regulations B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director may expel the noncustodial employee certified training academy or the safety of the noncustodial employees, officers, visitors, or personnel may be expelled from the school academy.
Consistent with Department of Corrections' policy, notification of such action shall C. Notification of an expulsion will immediately be reported in writing to the supervisor of the individual expelled and the appropriate Department of Corrections Division Director agency administrator or designee and the department.
6VAC20-70-110. Administrative requirements.
A. Reports will be required from the school director on forms approved by the department and at such times as designated by the director.
B. The school director shall, within 30 days upon completion of an approved training school, comply with the following:
1. Submit to the department a roster containing the names of those noncustodial employees who have satisfactorily completed all training requirements and, if applicable, a revised curriculum for the training session.
C. The school director shall furnish each instructor with a complete set of course resumes and objectives for the assigned subject matter.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-70-115. In-service training and annual firearms training.
A. Every two years, noncustodial employees as defined in 6VAC20-70-10 shall complete a total of 40 hours of in-service training as identified in this subsection by December 31 of the second calendar year after completing approved training at a certified training academy or satellite facility.
1. Cultural diversity training for two hours.
2. Legal training for four hours.
3. Career development or elective training for 34 hours. Subjects to be provided are at the discretion of the academy director.
B. Firearms training. Every noncustodial employee required to carry a firearm in the performance of duty shall qualify annually using the applicable firearms course approved by the COT of the board. Annual range qualification shall include a review of issues and policies relating to weapons safety, nomenclature, maintenance, and use of force. With prior approval of the director, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.
6VAC20-70-120. Effective date. (Repealed.)
These rules shall be effective on and after July 1, 1987, and until amended or repealed.
6VAC20-70-130. Adopted: October 12, 1979. (Repealed.)
Amended: April 1, 1987.
FORMS (6VAC20-70)
Criminal Justice Training Roster, Form 41, eff. 1/93.
CHAPTER 90
RULES RELATING TO REGIONAL CRIMINAL JUSTICE TRAINING ACADEMIES
6VAC20-90-10. 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 or local law-enforcement agency.
"Approved training" means any training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department.
"External classroom" means a training room approved by the department located away from the certified academy, which the certified academy uses to conduct mandated training, using full-time academy staff with general instructorships.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Regional Academy" means Regional Criminal Justice Training Academy.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-90-20. Designation.
A. The regional academies set forth below in this subsection are designated as regional academies and are eligible to receive allocated funds from the department.
Cardinal Criminal Justice Academy
Salem, Virginia
Central Shenandoah Criminal Justice Training Academy
Waynesboro, Virginia
Central Virginia Criminal Justice Academy
Lynchburg, Virginia
Crater Criminal Justice Academy
Petersburg, Virginia
Hampton Roads Regional Academy of Criminal Justice
Newport News, Virginia
New River Criminal Justice Training Academy
Radford, Virginia
Northern Virginia Criminal Justice Academy
Ashburn, Virginia
Piedmont Regional Criminal Justice Training Academy
Martinsville, Virginia
Rappahannock Regional Criminal Justice Academy
Fredericksburg, Virginia
Skyline Regional Criminal Justice Academy
Front Royal, Virginia
Southwest Law Enforcement Virginia Criminal Justice Academy
Bristol, Virginia
B. Jurisdictions may operate their own certified independent training academies if approved by the department; however, no state funds will be available for such academies. A jurisdiction, within or without the Commonwealth, may join a regional academy at any time subject to complying with the policies established by the board requirements of §§ 15.2-1300 and 15.2-1747 of the Code of Virginia, and this chapter.
C. A regional academy site may be changed by the academy governing body with the approval of the board.
D. Training, where practical, shall be conducted at designated satellite locations throughout the geographical confines of the regional academy to ensure minimum travel for student officers.
E. The board shall define geographical boundaries of designated regional academies.
6VAC20-90-30. Academy governing body.
Each regional academy shall have a charter, which shall be established in accordance with § §§ 15.2-1300 and 15.2-1747 of the Code of Virginia. The charter shall, in accordance with guidelines established by the board, create an academy governing body and specify the composition, authority and functions of the academy governing body and selection criteria and duties of the regional academy director.
6VAC20-90-40. Funds.
The department will disburse funds to the regional academies designated in 6VAC20-90-20 in accordance with the appropriations made to the department for the purpose of providing financial support to the regional training academies. Financial reports An operating budget and independent audit by a third-party auditor will be required as determined by the department to be submitted to the department annually.
6VAC20-90-60. Academy creation.
A. Conduct training needs assessment. To determine if a need exists for the creation of a certified training academy, a state or local unit of government must complete a training needs assessment. The needs assessment will evaluate the following:
1. The inability to obtain adequate training from existing academies.
2. A hardship that renders the use of other existing academies impractical.
3. The number of criminal justice professionals (i.e., students) the certified training academy would serve.
4. That there are a sufficient number of criminal justice professionals, financial resources, and academy personnel to support the creation and maintenance of a full-time regional or independent training academy for a minimum of five years.
B. Identify and acknowledge commitments. The state or local unit of government shall in writing make the following commitments:
1. The provision of a full range of training to include basic training, in-service training, and instructor certification and recertification training.
2. The assignment of one position with primary responsibility as academy director and one clerical, financial officer, or support position to support training and training-related functions.
3. The provision of adjunct instructors to instruct classes and courses.
4. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
5. The commitment of sufficient funding to adequately support the training function.
C. Review and consideration.
1. The state or local governmental unit shall submit a training needs assessment and written commitments to the Committee on Training (COT) as described in subsections A and B of this section.
2. The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.
3. If the COT recommends the creation of the proposed academy, the department shall make a determination as to whether the creation of an academy is warranted.
a. If the creation of a regional academy is approved by the department, the governing bodies or political subdivisions of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of § 15.2-1747 of the Code of Virginia.
b. If the creation of an independently operated academy is approved by the department, the governing body of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of subsection D of § 15.2-1747 of the Code of Virginia.
6VAC20-90-70. Academy certification.
A. An academy shall not conduct mandated training until the academy meets all certification requirements.
B. Training academies, all places of operation (i.e., satellite facilities, external classrooms, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced or unannounced.
C. The academy must formally request academy certification status from the department and meet the following requirements:
1. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy certification.
2. The academy shall meet 100% the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
3. Certification is valid for one year from the date of certification.
a. In order to maintain certification status, the academy must successfully complete the academy recertification process before the expiration of the original certification.
b. The recertification will extend the expiration date to June 30 of the third year following the date of recertification.
D. If the academy does not meet one or more certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report:
1. The academy director will receive written notification of the certification standards that have not been met and the date when a reassessment will be conducted.
2. The department shall provide the written notification and date of reassessment within five business days of the last date of assessment.
3. The academy will be given time to correct the situation, not to exceed 60 days.
4. Department staff shall reassess the academy. If the academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator or board chairman of the academy. The academy will have a maximum of 30 days to comply with all certification standards.
5. A second reassessment will be conducted no later than 30 days following the first reassessment. If the academy is still not in compliance with all certification standards at the time of the second reassessment, the department shall not certify the academy.
6. The academy director may appeal the findings of the academy certification to the director. The decision of the director is final.
E. Academies failing to meet the certification requirements or losing on appeal shall restart the academy certification process identified within this section beginning with 6VAC20-90-70 C.
6VAC20-90-80. Academy recertification.
A. A certified training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.
B. A certified training academy, all places of operation (i.e., satellite facilities, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced and unannounced.
C. The certified training academy must successfully complete the academy recertification process before June 30 of the third year from the last date of recertification.
D. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy recertification.
1. The certified training academy shall meet 100% of the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
2. If the certified training academy does not meet one or more recertification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report:
a. The academy director will receive written notification of the recertification standards that have not been met along with a department drafted corrective action plan and the date when a reassessment will be conducted within five business days from the last date of assessment.
b. The certified training academy will be given time to correct the situation, not to exceed 60 days.
c. The department staff shall reassess the certified training academy. If the certified training academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator, or board chairman of the certified training academy. The certified training academy will have a maximum of 30 days to comply with all certification standards.
d. A second reassessment will be conducted no later than 30 days following the first reassessment. If the certified training academy is still not in compliance with all certification standards at the time of the second reassessment, the director shall suspend the academies certification in accordance with 6VAC20-90-100 and conduct a hearing within 30 days to determine the status of the academy's certification.
E. The director shall review all pertinent documents.
1. The academy will have an opportunity to make a verbal presentation.
2. After a review of all pertinent information, the director shall determine the status of the academy certification.
F. The academy director may seek appeal to the enforcement actions identified in 6VAC20-90-100 of the academy recertification assessment.
1. The academy director may request a hearing before Executive Committee of the Criminal Justice Services Board. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of probation, suspension, or revocation.
2. The academy will have an opportunity to make a verbal presentation before the executive committee.
3. After a review of all pertinent information, the executive committee shall determine the status of the certification.
6VAC20-90-90. Training requirements, approvals, audits, inspections, and reviews.
A. The certified training academy shall conduct mandated (e.g., basic) training using the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards for:
1. Law enforcement officers in accordance with the requirements of 6VAC20-20-21 B 1.
2. Deputy sheriffs and jail officers in accordance with the requirements of 6VAC20-50-20 B 1.
3. Courthouse and courtroom security officers in accordance with the requirements of 6VAC20-50-20 C 1.
4. Deputy sheriffs designated to serve process in accordance with the requirements of 6VAC20-50-20 D 1.
5. Dispatchers in accordance with the requirements of 6VAC20-60-20 B.
6. Noncustodial employees of the Department of Corrections designated by the Director of the Department of Corrections to carry a weapon in accordance with the requirements of 6VAC20-70-20.
7. Correctional officers of the Department of Corrections in accordance with the requirements of 6VAC20-100-20 B 1.
B. The certified training academy shall submit to the department its curriculum containing the performance outcomes, instructor names, and the dates and times for all basic training, including all instructor schools and field training officer schools, and a letter requesting approval (e.g., memorandum of transmittal) at least 30 days before the start of the course.
C. The department shall review the documents submitted, and if approved, the department shall notify the certified training academy in writing of course approval.
D. The certified training academy shall approve in-service training in accordance with the requirements identified in 6VAC20-30.
E. The department shall conduct training audits, inspections, and review.
6VAC20-90-100. Enforcement actions for recertification.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter that varies from the intent of this chapter by academies and certified academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific duration of time.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter for a specific duration of time.
3. Revocation is a written notification by the director of the deactivation and removal of authorization issued under certification to operate as a certified training academy for violations of this chapter for an indefinite period of time.
B. The enforcement actions and procedures provided in this subsection are not mutually exclusive. The department may invoke as many enforcement actions as the situation requires.
1. The department may consider probation, suspension, or revocation status for a certified training academy with documented noncompliance for one or more academy recertification standards when the certified training academy has failed to correct the noncompliance in accordance with the recertification process and timeline identified in 6VAC20-90-80.
2. If there is a life, health, or safety issue or felonious criminal activity occurring during any department or academy approved training, at any location, the director may unilaterally revoke the academy's certification. The status of the revocation shall be reviewed at the next scheduled Criminal Justice Services Board meeting.
6VAC20-90-110. Enforcement actions for instruction and training.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter by certified training academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific course or class.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter.
B. The department may conduct training audits inspections and reviews and immediately suspend a class, course, or training if there is a violation of academy certification or recertification standard or requirements or if there is a life, health, or safety issue or felonious criminal activity occurring at an academy or a satellite facility. The suspension shall remain in place until the noncompliance is corrected.
C. The department may assign probation status to a certified training academy's course or class. This allows a certified academy to conduct a class with oversight from the department.
D. Probation and suspension status shall be reviewed by the department upon compliance with all requirements.
6VAC20-90-120. Attendance, testing, grading, and recordkeeping.
A. The certified training academy shall establish, maintain, and follow a policy that requires criminal justice professionals to attend all classes except in emergency situations (i.e., natural disaster, catastrophic event, etc.) and notify criminal justice professionals of their responsibility for any material missed during an excused absence per academy policy.
B. The certified training academy shall utilize testing procedures that indicate that every criminal justice professional has satisfactorily completed the criteria for every training objective and performance outcome approved by the Committee on Training of the Criminal Justice Services Board and located in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards.
C. A criminal justice officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40, 6VAC20-50-40, 6VAC20-60-40, 6VAC20-70-40, or 6VAC20-100-40 and in accordance with each certified training academy's written policy.
D. Law-enforcement certification exam.
1. The department shall generate and proctor the law-enforcement certification exam.
2. All certified training academies shall document that each law-enforcement officer has complied with all minimum training standards in all categories identified in 6VAC20-20-21 before scheduling the law-enforcement certification exam.
3. Upon documented compliance with the minimum training standards identified in 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
E. The academy director shall certify criminal justice professional have complied with the applicable rules relating to the compulsory minimum training standards and requirements. The academy director shall submit the following information using the department's electronic training records management system within 60 days of the last day of completing the compulsory minimum training or in-service training.
1. Name of certified training academy and academy director's name;
2. Start and end dates of training;
3. Name and type of course;
4. Social security number of criminal justice professionals;
5. Last name, first name, and middle initial of criminal justice professionals;
6. Name of criminal justice professional's employing agency; and
7. Academy director's signature and date.
F. Certified training academies shall maintain accurate records of all tests, grades, and testing procedures.
G. The certified training academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
H. The certified training academy shall maintain training records in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-90-130. Failure to comply with rules and regulations.
A. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
B. Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the certified training academy and the department.
C. Individuals violating the rules and regulations governing the certified training academy or violating the rules of the certified training academy determined to be detrimental to the welfare of the academy or the safety of officers, visitors, or personnel may be expelled.
D. Notification of expulsion will immediately be reported in writing to the agency administrator of the individual and the department.
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-90)
DCJS Certified Criminal Justice Training Academy Certification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
Satellite Facility Worksheet, May 2018, Virginia Department of Criminal Justice Services
Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards, published online September 2012, (Revised March 2018) available on the Virginia Department of Criminal Justice Services website at https://www.dcjs.virginia.gov/law-enforcement/manual
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, or 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.
"Approved training" means training approved by the department to meet minimum training standards.
"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 or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"Satellite facility" means a temporary facility located away from the certified training academy facility, which the certified academy uses exclusively to conduct in-service training.
"School director" means the chief administrative officer of an approved training school.
6VAC20-100-20. Compulsory minimum training standards.
A. Pursuant to the provisions of § 9-170 7 of the subdivision 9 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the following as the compulsory minimum training standards for full-time or part-time correctional 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. Individuals hired as correctional officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed the compulsory minimum training standards at a certified training academy and complete field training requirements. Correctional officers shall comply with the following:
1. Successfully complete basic correctional officer training at a certified training academy or satellite facility, which includes receiving a minimum of 400 hours of department approved training in the following categories:
a. Security and supervision;
b. Communication;
c. Safety;
d. Emergency response;
e. Conflict and crisis management;
f. Law and legal;
g. Duty assignments and responsibilities;
h. Professionalism;
i. Basic corrections officer firearms training; and
j. Physical fitness training.
2. Successfully complete a minimum of 200 hours of approved training in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-100-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-100-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-100-30. Applicability.
A. Every A person employed as a full-time or part-time correctional officer, and who has not met the compulsory minimum training standards for correctional officers subsequent to the effective date of these regulations, in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia, shall meet the compulsory minimum training standards herein and requirements established in 6VAC20-100-20 and 6VAC20-100-40 unless provided otherwise in accordance with subsection B of this section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein, 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 officer Correctional officers who is are 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 compulsory 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. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. Any correctional officer The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Correctional officers who do not receive an extension of the time limit for completion of requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
G. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, more than 12 months but less than for a period of 24 months or less, upon reentry as a correctional officer, will be required to complete all compulsory minimum training standards set forth in 6VAC20-100-20 A 1 in-service and firearms training requirements set forth in 6VAC20-30.
D. Any correctional officer H. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, in excess of for a period greater than 24 months, upon reentry as a correctional officer shall be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-100-20 A 1 required for correctional officers as set forth in this chapter.
6VAC20-100-50. How minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Officers attending an approved training school are required to be present for all classes and should not be placed on duty or on call except in cases of emergency. In the event of such an emergency, the agency administrator shall advise the school director within 24 hours. Officers will 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. (Repealed.)
A. Correctional officer training schools shall be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools, 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 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. An exemption to the 30-day requirement may be granted for good cause shown by the school director.
B. Each school director shall be required to maintain a file of all lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved shall be subject to inspection and review by the director or staff.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-100-70. Grading Attendance, requirements, testing, and grading.
A. Each officer shall comply with 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). All approved training schools shall utilize testing procedures which indicate that every officer, prior to satisfactory completion of the training school, 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
B. The school 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
A. Attendance.
1. Correctional officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, etc.) In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Correctional officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Correctional officers shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A correctional officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
6VAC20-100-80. Failure to comply with rules and regulations.
Any correctional officer A. Any individual attending an approved training school a certified training academy shall comply with the rules and regulations promulgated by the department and board and any other rules and regulations within the authority of the school 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 director considers a violation of B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director the certified training academy or the safety of officers, visitors, or personnel may expel the officer be expelled from the school academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the corrections facility director manager of the officer and the director agency administrator or designee and the department.
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.
B. The school director shall, within 30 days upon completion of an approved training school session, comply with the following:
1. Prepare a grade report on each officer maintaining the original for academy records and forwarding a copy to the corrections facility director/manager of the officer.
2. 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. The school director shall furnish each instructor with the applicable performance objectives for the assigned subject matter.
D. Approved correctional officer training schools shall maintain accurate records of all tests, grades and testing procedures.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training school records shall be maintained in accordance with the provisions of these rules this chapter and §§ the Virginia Public Records Act (§ 42.1-76 through 42.1-91 et seq. of the Code of Virginia).
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.
NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
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.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-100)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
VA.R. Doc. No. R18-5427; Filed May 23, 2018, 3:08 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Proposed Regulation
REGISTRAR'S NOTICE: The Department of Criminal Justice Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 26 of the Code of Virginia, which exempts the department when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102 of the Code of Virginia, provided such actions are authorized by the Governor in the interest of public safety.
Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10 through 6VAC20-20-40, 6VAC20-20-70, 6VAC20-20-80, 6VAC20-20-90; adding 6VAC20-20-120, 6VAC20-20-130; repealing 6VAC20-20-20, 6VAC20-20-50, 6VAC20-20-61).
6VAC20-50. Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers (amending 6VAC20-50-10 through 6VAC20-50-40, 6VAC20-50-70, 6VAC20-50-80, 6VAC20-50-90; adding 6VAC20-50-120, 6VAC20-50-130; repealing 6VAC20-50-50, 6VAC20-50-60).
6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10 through 6VAC20-60-40, 6VAC20-60-70, 6VAC20-60-80, 6VAC20-60-90; adding 6VAC20-60-95; repealing 6VAC20-60-50, 6VAC20-60-60).
6VAC20-70. Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections (amending 6VAC20-70-10 through 6VAC20-70-40, 6VAC20-70-70, 6VAC20-70-100, 6VAC20-70-110; adding 6VAC20-70-25, 6VAC20-70-115; repealing 6VAC20-70-50, 6VAC20-70-60, 6VAC20-70-80, 6VAC20-70-90, 6VAC20-70-120, 6VAC20-70-130).
6VAC20-90. Rules Relating to Regional Criminal Justice Training Academies (amending 6VAC20-90-10 through 6VAC20-90-40; adding 6VAC20-90-60 through 6VAC20-90-130).
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 6VAC20-100-40, 6VAC20-100-70, 6VAC20-100-80, 6VAC20-100-90; adding 6VAC20-100-25; repealing 6VAC20-100-50, 6VAC20-100-60, 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: August 13, 2018.
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.
Summary:
The proposed amendments to all chapters (i) separate agency responsibility and academy responsibility; (ii) codify Department of Criminal Justice Services practice and policy; (iii) clarify that training extensions will not be granted for failing to pass or meet compulsory minimum training standards and requirements; and (iv) correct and update Code of Virginia citations and address inconsistent terminology, definitions, and processes.
Additionally, proposed amendments to 6VAC20-90 (i) provide training academies clear instructions on the requirements for certification and recertification; (ii) codify the current department policy and practice, which requires academies meet 100% of the certification standards identified in the Certified Criminal Justice Training Academy Certification Checklist and Report for initial certification and the Certified Criminal Justice Training Academy Recertification Checklist and Report for recertification; (iii) describe the process, responsibilities, and timeline for reassessment and the application of enforcement actions, including probation, suspension, and revocation, in detail; (iv) describe the appeal process, including an initial appeal to the director of the department and a second opportunity to appeal to the Executive Committee of the Criminal Justice Services Board; and (v) identify the process for creating a regional academy, those regional academies eligible to receive state funding, and the department's ability to suspend or revoke the certification of a certified training academy.
6VAC20-20-10. 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 or local law-enforcement agency.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local units unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified academies. Four members of the committee shall represent regional criminal justice academies, four members of the committee shall represent independent criminal justice academies, and one member shall represent the Department of State Police Training Academy. 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 or his the director's designee.
"Requirements" means the core elements an officer needs to accomplish to obtain law-enforcement certification.
6VAC20-20-20. Compulsory minimum training standards. (Repealed.)
Pursuant to the provisions of subdivision 2 of § 9-170 of the Code of Virginia, the department establishes these standards for compulsory minimum training for full-time and part-time law-enforcement officers.
6VAC20-20-21. Performance outcomes and minimum hours required Compulsory minimum training standards and requirements.
A. Pursuant to the provisions of subdivision 2 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for Law-Enforcement Officers. The complete document may be found on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov compulsory minimum training for full-time and part-time law-enforcement officers.
B. Academy training.
1. Category 1 - Professionalism
2. Category 2 - Legal Issues
3. Category 3 - Communications
4. Category 4 - Patrol
5. Category 5 - Investigations
6. Category 6 - Defensive Tactics/Use of Force
7. Category 7 - Weapons Use
8. Category 8 - Driver Training
9. Category 9 - Physical Training (Optional)
ACADEMY TRAINING HOURS - 480 (excluding Category 9)
C. Field training.
Category 10 - Field Training
FIELD TRAINING HOURS - 100
TOTAL MINIMUM TRAINING STANDARDS HOURS - 580 (excluding Category 9)
B. An individual hired as a law-enforcement officer as defined in § 9.1-101 of the Code of Virginia shall comply with the following law-enforcement certification requirements:
1. Successfully complete law-enforcement basic training at a certified training academy, which includes receiving a minimum of 480 hours of department approved training in the following categories:
a. Professionalism,
b. Legal,
c. Communication,
d. Patrol,
e. Investigations,
f. Defensive tactics and use of force,
g. Weapons, and
h. Driver training.
2. Successfully complete a minimum of 100 hours of approved training in the category of field training by meeting or exceeding the field training performance outcomes identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Law-enforcement officers become certified upon meeting all compulsory minimum training standards and requirements that include documented completion of all performance outcomes, the law enforcement certification exam, and field training.
6VAC20-20-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories and hours of the compulsory minimum training standards identified in 6VAC20-20-21. Amendments to training categories and hours 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 (COT) of the Criminal Justice Services Board board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), an interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the hours and training categories will only be made in accordance with the provisions of the Administrative Process Act by the CRC. The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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 COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-20-30. Applicability.
A. Every A person employed as a full-time or part-time law-enforcement officer, as defined by § 9-169 (9) § 9.1-101 of the Code of Virginia, subsequent to after July 1, 1971, shall satisfactorily complete the compulsory minimum training standards and the requirements for law-enforcement officers as identified in 6VAC20-20-21 and 6VAC20-20-40.
B. The director may grant an exemption or partial exemption from the compulsory minimum training standards and the requirements set forth in 6VAC20-20-21 to a law-enforcement officer of any a political subdivision of the Commonwealth who has had previous experience and training as provided in § 9-173 § 9.1-116 of the Code of Virginia.
C. Any A person not employed as a full-time or part-time law-enforcement officer on July 1, 1971, who remains out of law-enforcement law enforcement for more than 24 months, upon reappointment as a full-time or part-time law-enforcement officer, shall be required to comply with the compulsory minimum training standards and the requirements identified in 6VAC20-20-21 unless provided otherwise in accordance with subsection B of this section.
6VAC20-20-40. Time requirement for completion of training.
A. Every law-enforcement officer who is Law-enforcement officers required to comply with the compulsory minimum training standards requirements of 6VAC20-20-21 shall satisfactorily complete such training the requirements within 12 months of the date of hire or appointment as a law-enforcement officer.
B. The director, or his the director's designee, may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions and requirements for the following reasons:
1. Illness Medical condition;
2. Injury;
3. Military service; or
4. Special duty assignment required and performed in the public interest;
5. Administrative leave involving the determination of worker's compensation or disability retirement issues, full-time educational leave or suspension pending investigation or adjudication of a crime; or.
6. Any other reason documented by the agency administrator. Such reason shall be specified and
C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for:
1. Failing to pass compulsory minimum training standards and requirements within specified time limits.
2. Failing the certification examination.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
C. F. Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards and requirements within 12 months of employment hire or appointment as a law-enforcement officer, or who do not receive an extension of the time limit for completion of training the requirements, shall be subject to the provisions of § 9-181 § 9.1-115 of the Code of Virginia.
G. The department shall notify the agency administrator of any officer individuals not in compliance with the requirements of this section.
6VAC20-20-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives and criteria at a certified training academy and the successful completion of field training objectives unless otherwise provided by 6VAC20-20-30 B.
B. Officers attending approved training are required to attend all classes and shall not be placed on duty or call except in cases of emergency.
6VAC20-20-61. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need which contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship which renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training, in-service training, recertification training, specialized training and instructor certification.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection B of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
D. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
E. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
F. A certified training academy is subject to inspection and review by the director or his staff.
G. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-20-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures which indicate that every officer has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Officers shall comply with the requirements of subdivision B 1 of 6VAC20-20-21.
2. Each officer shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. An officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Law-enforcement certification exam. Upon documented compliance with the compulsory minimum training standards identified in subdivision B 1 of 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
6VAC20-20-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of officers, visitors, or personnel may be expelled from the academy.
C. Notification of such action shall an expulsion will 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 and the department.
6VAC20-20-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved by the department and at such times as designated by the director. Law-enforcement agencies will receive a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The law-enforcement agency shall complete the department authorized field training completion form (Form B-13) documenting the completion of field training for officers.
C. The agency administrator shall forward a properly executed field training form sign and submit the field training completion form to the department for each officer, within 12 months of employment hire or appointment.
C. The academy director shall, within 30 days upon completion of approved training, comply with the following:
1. Submit to the department a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives, hours and instructor names listed.
D. The academy director shall furnish each instructor with the applicable performance outcomes, criteria and lesson plan guides for assigned subject matter. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-20-120. Certification status and in-service training.
A. All full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Officers shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-20-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-20)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, eff. 1/91
Field Training: Law Enforcement, B-13, rev. 1/98
Criminal Justice Training Roster, Form 41, rev. 4/94
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2, (rev. 5/2018)
Field Training: Law Enforcement, B-13, (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-20)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-50-10. 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 agency head of a local correctional facility as defined in § 53.1-1 of the Code of Virginia.
"Academy director" means the chief administrative officer of a certified training academy.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes, training objectives, criteria for testing, and lesson plan guides approved by the Committee on Training and the minimum hours approved by the board.
"Curriculum Review Committee" or "CRC" means a committee consisting of nine individuals representing the conduct of entry-level jailor or custodial officer, courthouse and courtroom security officer, and process service officer training. The composition of the committee shall be three representatives of sheriffs' offices, three representatives of regional jails, two and three representatives from academies, and one representative of the Department of Criminal Justice Services Jails Training Unit. The Committee on Training shall appoint the members of the Curriculum Review Committee.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"School director" means the chief administrative officer of an approved training school.
"Requirements" means the core elements a jail officer, deputy sheriff, court security officer, or civil process officer needs to accomplish to obtain department certification.
6VAC20-50-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivisions 7, 8, and 9 of § 9.1-102 and § 53.1-120 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for full and part-time Jailors or Custodial Officers, Courthouse and Courtroom Security Officers, and Process Service Officers. The complete document may be found on the Department of Criminal Justice Services' website at www.dcjs.virginia.gov. compulsory minimum training standards for full-time and part-time deputy sheriffs and jail officers as defined in § 53.1-1 of the Code of Virginia; persons designated to provide courthouse and courtroom security pursuant to § 53.1-120 of the Code of Virginia; and persons designated to serve process pursuant to § 8.01-293 of the Code of Virginia.
B. Academy training categories - Jailor Individuals hired as deputy sheriffs or jail officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires deputy sheriffs and jail officers comply with the following:
1. Successfully complete jail officer department approved training at a certified training academy in the following categories:
1. a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. Operations d. Jail operations;
5. e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. h. Driver Training training and transportation.
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Jailor or Custodial Officer Field Training Category 9
D. Academy training categories – Courthouse and Courtroom Security Officer.
Individuals hired as courthouse and courtroom security officers shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete courthouse and courtroom security officers department approved training at a certified training academy in the following categories:
1. Court Security a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Court Security Operations security operations;
5. Court Security e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. Transportation h. Driver training and transportation.
E. Courthouse and Courtroom Security Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
D. Individuals hired as deputy sheriffs and designated to serve process shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete process service officer department approved training at a certified training academy in the following categories:
F. Academy training categories – Process Service Officer.
1. Process Service Officer Operations a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Civil Process Operations process operations;
5. Civil Process Investigations
6. e. Defensive Tactics/Use tactics and use of Force force;
7. f. Weapons Use; and
8. Transportation g. Driver training.
G. Process Service Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-50-21. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-50-20. Amendments to the 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.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee CRC. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the training categories will only be made in accordance with the provisions of the Administrative Process Act The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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. COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-50-30. Applicability.
A. Every A person employed as a jailor or custodial sheriff deputy or jail officer as defined in § 53.1-1 of the Code of Virginia and in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards and requirements established in subsections subsection B, C, and D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
B. Every person employed as a Courthouse and Courtroom Security Officer courthouse and courtroom security officer in accordance with subdivision 7 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards established in subsections E and F subsection C of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
C. Every person employed as a Deputy Sheriff Designated to Serve Process deputy sheriff designated to serve process in accordance with § 15.2-1612.1 of the Code of Virginia shall meet compulsory minimum training standards established in subsections G and H subsection D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
D. The director may grant an exemption or partial exemption of the compulsory minimum training standards as established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who originally complied with all applicable training requirements and later separated from deputy sheriff, jail officer, courthouse and courtroom security officer, and deputy sheriff designated to serve process status in excess of 24 months, upon reentry as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process will be required to complete all compulsory minimum training standards in accordance with 6VAC20-50-20 unless provided otherwise in accordance with subsection D of this section.
6VAC20-50-40. Time requirement for completion of training.
A. Every jailor or custodial officer, courthouse and courtroom security officer and process service officer Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who is are required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment or hire as a jailor or custodial officer, courtroom security officer or process service officer deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process unless provided otherwise in accordance with subsection B of this section.
B. The director or director's designee may grant an extension of the time limit for completion of the compulsory minimum training required upon presentation of evidence by the agency administrator that such officer was unable to complete the required training within the specified time limit due to illness, injury, military service, special duty assignment required and performed in the public interest or leave without pay or suspension pending investigation or adjudication of a crime. The agency administrator shall request such extension prior to expiration of any time limit.
C. Any jailor or custodial officer, courthouse and courtroom security officer or process service officer who originally complied with all applicable training requirements and later separated from jailor or custodial officer, courtroom security officer, process service officer status, in excess of 24 months, upon reentry as a jailor, courthouse and courtroom security officer/process server will be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-50-30 D. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. The director or director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who do not satisfactorily complete the compulsory minimum training standards and requirements within 12 months of hire or appointment as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process, or who do not receive an extension of the time limit for completion of the requirements, shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
6VAC20-50-50. How compulsory minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing performance outcomes at certified training academy and field training requirements.
B. Officers attending a certified training academy are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
C. All certified training academies that begin on or after July 1, 2007, shall be conducted in conformance with the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006. However, the period July 1, 2007, through June 30, 2008, shall serve as a transition period wherein certified training academies may be approved by the department to conduct training according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial/Courthouse and Courtroom Security Officers/Deputy Sheriffs Designated to Serve Process as amended by the board on April 4, 1990, or according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006.
6VAC20-50-60. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. Provide a full range of training to include entry-level training, in-service training, instructor certification and recertification training and specialized training.
2. Assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. Maintain a training facility adequate to conduct training in accordance with academy certification standards.
4. Commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification, as outlined in subsection B of this section, to the Committee on Training, which shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process and be in compliance with § 15.2-1747 of the Code of Virginia.
D. Each certified academy director shall maintain a file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards. The certified training academy shall submit to the department its curriculum and other information as designated within time limits established by the department.
E. Certified academies that are approved shall be subject to inspection and review by the director.
F. The department may suspend or revoke the approval of a certified training school academy upon written notice to the academy's director. The notice shall contain the reason(s) upon which the suspension or revocation is based. The academy's 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 days of the date of the notice of suspension/revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-50-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every officer, prior to satisfactory completion of the training, has passed the criteria for testing and met the training objectives related to each performance outcome specified in the document entitled "Performance Outcomes for Compulsory Minimum Training Standards for Jailors or Custodial Officer, Courthouse and Courtroom Security Officers and Process Service Officers."
A. Attendance.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of emergency (e.g., natural disaster, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT of the board.
2. The officer may be tested and retested as may be necessary within the time limits of 6VAC20-50-40 A and each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-50-80. Failure to comply with rules and regulations.
Any individual A. Individuals 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the academy, the academy director may expel the officer from the academy or the safety of officers, visitors, or personnel may be expelled. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the officer in accordance with rules and regulations within the authority of the certified training academy individual and the department.
6VAC20-50-90. Administrative requirements.
The academy director shall maintain a final curriculum that includes performance outcomes, hours and instructor names.
A. Criminal justice agencies will receive a roster containing the names of those deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, and Form CP-1) documenting the completion of field training for officers.
C. The agency administrator shall sign and submit the field training completion form to the department for each officer within 12 months of hire or appointment.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-50-120. Certification status and in-service training.
A. Full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-50-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member or a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-50)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 8/05)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
Field Training: Jail Deputy and Jail Officer, J-1, (5/2018)
Field Training: Court Security Officer, CS-1, (5/2018)
Field Training: Civil Process Officers, CP-1, (5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-50)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
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 non-law-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 or recertification standards and operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" means the committee consisting of the following nine individuals: two members of the committee shall represent regional criminal justice academies, 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 department or the director's designee.
"Dispatcher" means any person employed by or in any local or state government agency either full time or part-time 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.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-60-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivision 10 of § 9.1-102 (10) of the Code of Virginia, the department under the direction of the board establishes the categories of training as listed below in subsection B of this section as the compulsory minimum training standards for dispatchers: whose duties include dispatching for law enforcement.
B. Individuals hired as dispatchers shall meet or exceed the compulsory minimum training standards in the following categories at a certified training academy:
1. Category 1 - Communications. Communication;
2. Category 2 - Dispatcher Judgment. judgment;
3. Category 3 - Legal Issues.; and
4. Category 4 - Professionalism.
5. Category 5 - On-the-Job Training.
C. Individuals hired as dispatchers shall meet or exceed the performance outcomes in the category of on-the-job training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-60-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-60-20. 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 (COT) shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, non-law-enforcement head of a communications center, or the Curriculum Review Committee (CRC).
2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed by the CRC. The CRC shall present recommendations for revisions to the COT.
Prior to C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department Department shall notify each certified training academy in writing of any new, revised, or deleted objectives COT approved revisions. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-60-30. Applicability.
A. All Full-time or part-time dispatchers employed by or in any local or state government agency whose duties include the dispatching of law-enforcement personnel and who were hired on or after July 1, 1988, must meet compulsory minimum training standards established at the time of their appointment, and requirements as identified in 6VAC20-60-20 and 6VAC20-60-40 unless provided otherwise in accordance with subsection B of this chapter section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-40. Time requirement for completion of training.
A. Every dispatcher who is Dispatchers required to comply with the compulsory minimum training standards must satisfactorily complete the required training set forth in 6VAC20-60-20, within 24 months of the date of appointment as a dispatcher, 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 compulsory minimum training standards under and requirements for the following conditions: reasons.
1. The chief of police, sheriff, or agency administrator shall present written notification that the dispatcher was unable to complete the required training within the specified time limit due to:
a. Illness 1. Medical condition;
b. 2. Injury;
c. 3. Military service; or
d. Special duty assignment required and performed in the public interest;
e. 4. Administrative leave involving the determination of workers' compensation or disability retirement issues, or suspension pending investigation or adjudication of a crime; or.
f. Any other reason documented by the agency administrator. Such reason must be specific and any C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
2. Any extension granted under subdivision 1 e of this subsection shall require the dispatcher to complete compulsory minimum training prior to resuming job duties. Requests may be granted for periods not to exceed 12 months.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
3. Dispatchers who do not satisfactorily complete compulsory minimum training standards within 24 months of appointment as a dispatcher and who do not receive an extension of the time limit for completion of the requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
3. The agency administrator must request such extension prior to expiration of any time limit.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives at a certified training academy and the successful completion of on-the-job training objectives as provided by 6VAC20-60-30 B.
B. Dispatchers attending compulsory minimum training at a certified training academy are required to attend all classes and should not be placed on duty or call except in cases of emergency.
C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin January 1, 2002. During the transition period, certified training academies may conduct dispatcher entry-level training using the performance objectives within the "Rules Relating to Compulsory Minimum Training Standards for Dispatchers," effective January 1, 1994, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective January 1, 2003, all entry-level training programs shall meet the requirements of 6VAC20-60-100.
6VAC20-60-60. Approved training schools. (Repealed.)
A. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department the curriculum and other information as designated, within time limitations established by the department.
B. Each academy director will be required to maintain a file of all current lesson plans and supporting materials for each subject contained in the compulsory minimum training standards.
C. A certified training academy is subject to inspection and review by the director or staff.
D. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
E. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training and specialized training.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training related functions and instructor certification.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
F. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection D of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
G. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
H. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives, and shall provide this information to the director upon request.
I. A certified training academy is subject to inspection and review by the director or his staff.
J. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-60-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every dispatcher has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Dispatchers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place dispatchers on duty or on call and shall advise the academy director within 24 hours.
2. Dispatchers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Dispatchers shall comply with the requirements of 6VAC20-60-20.
2. Each dispatcher shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. A dispatcher may be tested and retested as may be necessary within the time limits of 6VAC20-60-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Every individual attending compulsory minimum training shall satisfactorily complete each required performance outcome, training objective, and criteria, and any optional job related subject performance requirements, where applicable. Any individual who fails to satisfactorily complete any performance outcomes or objectives in any subject will be required to attend that subject in a subsequent approved dispatcher training school and satisfactorily complete the required performance objective or objectives.
6VAC20-60-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified training academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the dispatcher and the director individual and the department.
6VAC20-60-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved or provided by the department and at such times as designated by the director. Agencies will receive a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the department authorized on-the-job training completion form (Form D-1) documenting the completion of on-the-job training for dispatchers.
C. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-60-40, sign and forward a properly executed on-the-job training form to the department for each dispatcher.
C. The academy director shall, within 30 days upon completion of the dispatcher training:
1. Submit to the department a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives and instructor names listed.
D. The academy director shall furnish each instructor with the performance based training and testing objectives for the assigned subject matter.
E. Each certified training academy shall maintain accurate records of all tests, grades and testing procedures.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and the Virginia Public Records Act §§ 42.1-67 through 42.1-91 (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-60-95. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-60)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, rev. 04/10.
On the Job Training Dispatchers, Form D-1, rev. 09/02.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
On the Job Training Dispatchers, Form D-1 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-60)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-70-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning meanings, unless the context clearly indicates otherwise.:
"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.
"Academy director" means the chief administrative officer of a certified training academy.
"Agency administrator" means any chief of police, sheriff, agency head of a state or local law-enforcement agency, or the director of the Department of Corrections or his designee.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 the Department of Corrections administration.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Noncustodial employee" includes means those employees specifically designated by the director of the Department of Corrections who, by their appointment, must carry a weapon.
"School director" means the chief administrative officer of an approved training school.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-70-20. Compulsory minimum training standards for noncustodial employees.
Pursuant to the provisions of §§ 18.2-308 (5), 19.2-81.2, 9-170 and 53.1-29 of the Code of Virginia, the board establishes the following as the compulsory minimum training standards for noncustodial employees of the Department of Corrections:
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Hours
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1. General
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1
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a. Orientation
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b. Evaluation
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2. Skills
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4
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a. Firearms (Four hours classroom plus range firing)
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3. Legal Matters
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3
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a. Corrections and Related Law
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1
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b. Legal Responsibility and Authority of Employees
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2
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TOTAL
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8 plus range
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A. Pursuant to the provisions of § 9.1-102 of the Code of Virginia, the department under the direction of the board shall establish the compulsory minimum training standards for the Department of Corrections, Division of Adult Institutions. Pursuant to §§ 19.2-81.2 and 53.1-29 of the Code of Virginia noncustodial employees of the Department of Corrections who have the authority to detain an individual and noncustodial employees who have been designated to carry a weapon by the Director of the Department of Corrections shall meet or exceed the compulsory minimum training standards at a certified training academy or satellite facility.
B. Noncustodial employees shall comply with the following noncustodial employee training that includes receiving a minimum of 80 hours of department approved training in the following categories:
1. Security and supervision;
2. Communication;
3. Safety;
4. Emergency response;
5. Conflict and crisis management;
6. Law and legal;
7. Duty assignments and responsibilities;
8. Professionalism; and
9. Firearms training.
6VAC20-70-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-70-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-70-30. Applicability.
Every A. A person employed in a noncustodial position who by appointment to that position has been designated by the Director of the Department of Corrections to carry a weapon must shall meet the requirements and compulsory minimum training standards herein established in 6VAC20-70-20 and 6VAC20-70-40.
B. Noncustodial employees meeting all of the following conditions shall not be required to complete the compulsory minimum training standards:
1. The noncustodial employee was previously employed as a corrections officer;
2. The noncustodial employee originally complied with all the compulsory minimum training requirements of 6VAC20-100 (Rules Relating to compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions); and
3. At the time of appointment a period of 24 months or less has passed since the noncustodial employee served in the position of a corrections officer.
6VAC20-70-40. Time required for completion of training.
A. Every No noncustodial employee, so designated as defined in this chapter, shall not carry a weapon until the compulsory minimum training standards as set forth in 6VAC20-70-20 have been satisfactorily completed.
B. Every noncustodial employee, so designated as defined in this chapter, shall satisfactorily complete the compulsory minimum training standards for noncustodial employees within 120 days 12 months of assuming a position which that is designated as a noncustodial position.
C. The director may grant an extension of the time limit for completion of the compulsory minimum training standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
D. The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
E. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
F. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or correctional officer status for a period of 24 months or less, upon reentry as a noncustodial employee, shall be required to complete compulsory in-service training and complete annual firearms training set forth in 6VAC20-70-115.
G. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or corrections officer status for a period greater than 24 months, upon reentry as a noncustodial employee, shall be required to complete all compulsory minimum training standards set forth in this chapter.
6VAC20-70-50. How compulsory minimum training standards may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Noncustodial employees attending an approved training school are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
6VAC20-70-60. Approved training schools. (Repealed.)
A. Noncustodial employees training schools must be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools 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, instructors, dates and times for the entire proposed training session shall be submitted to the department 30 days prior to the beginning of each proposed session. An exemption to the 30 day requirement may be waived for good cause shown by the school director.
B. Each school director will be required to maintain a current file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved will be subject to inspection and review by the director or staff, or both.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-70-70. Grading Attendance, requirements, testing, and grading.
A. All written examinations shall include a minimum of two questions for each hour of mandatory instruction. This requirement likewise includes the classroom instruction on performance-oriented subject matter.
B. All noncustodial employees shall attain a minimum grade of 70% in each grading category to satisfactorily complete the compulsory minimum training standards. Any noncustodial employee who fails to attain the minimum 70% in any grading category will be required to take all subjects comprising that grading category in a subsequent approved training school.
A. Attendance.
1. Noncustodial employees attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, riot, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place the noncustodial employee on duty or on call and shall advise the academy director within 24 hours.
2. Noncustodial employees shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Noncustodial employees shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A noncustodial employee may be tested and retested as may be necessary within the time limits of 6VAC20-70-40 and each certified training academy's written policy. A noncustodial employee shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Approved noncustodial employee training schools shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-70-80. Firearms. (Repealed.)
The following firearms training will be applicable to noncustodial employees of the Department of Corrections who have been designated to carry a weapon:
1. Classroom - Service handgun, shotgun and special weapons (four hours).
a. Nonmenclature and Care of Weapons
b. Safety
c. Legal Aspects of Firearms Use
d. Principles of Shooting
e. Special Weapons (as utilized by the Department of Corrections) - Familiarization, no firing
2. Range.
a. Service Handgun.
(1) combat course (double action)
60 rounds
Silhouette Target
Qualification - 70% (5 points per hit on silhouette)
(Minimum 210 points out of a possible 300 points)
(2) Course.
7 yards - two handed crouch - 6 rounds (one on whistle)
7 yards - two handed crouch - 6 rounds (two on whistle)
7 yards - two handed crouch - 12 rounds (30 seconds from whistle)
15 yards - two handed point shoulder - 6 rounds (one on whistle)
15 yards - two handed point shoulder - 6 rounds - (two on whistle)
15 yards - two handed point shoulder - 12 rounds (30 seconds from whistle)
25 yards - two handed point shoulder - 6 rounds (10 seconds/right hand)
25 yards - two handed point shoulder - 6 rounds (10 seconds/left hand)
b. Shotgun
10 rounds
Bobber Target
No. 4 Buck
Qualification - 80% (10 points per hit on bobber target)
25 yards - shoulder position - 10 rounds
6VAC20-70-90. Recertification. (Repealed.)
A. All noncustodial employees shall recertify every other calendar year by satisfactorily completing the firearms training set forth in 6VAC20-70-80. The specific time frame for compliance by currently certified noncustodial employees is enumerated in subsections C and D. Any noncustodial employee who does not comply as set forth below in subsections C and D shall be subject to the provisions of § 9-181 of the Code of Virginia.
B. All noncustodial employees shall be required to qualify annually with service handgun and shotgun in accordance with 6VAC20-70-80.
C. All noncustodial employees whose recertification due date is in 1987 shall comply with the recertification requirements by December 31, 1987, and thereafter by December 31 of every other calendar year.
D. All noncustodial employees whose recertification due date is in 1988 shall comply with the recertification requirements by December 31, 1988, and thereafter by December 31 of every other calendar year.
6VAC20-70-100. Failure to comply with rules and regulations.
A. Noncustodial employees Any individual attending an approved training school certified training academy shall comply with the rules and regulations promulgated by the department and any other rules and regulations within the authority of the school director board. The academy director of the school shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
If the school director considers a violation of the rules and regulations B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director may expel the noncustodial employee certified training academy or the safety of the noncustodial employees, officers, visitors, or personnel may be expelled from the school academy.
Consistent with Department of Corrections' policy, notification of such action shall C. Notification of an expulsion will immediately be reported in writing to the supervisor of the individual expelled and the appropriate Department of Corrections Division Director agency administrator or designee and the department.
6VAC20-70-110. Administrative requirements.
A. Reports will be required from the school director on forms approved by the department and at such times as designated by the director.
B. The school director shall, within 30 days upon completion of an approved training school, comply with the following:
1. Submit to the department a roster containing the names of those noncustodial employees who have satisfactorily completed all training requirements and, if applicable, a revised curriculum for the training session.
C. The school director shall furnish each instructor with a complete set of course resumes and objectives for the assigned subject matter.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-70-115. In-service training and annual firearms training.
A. Every two years, noncustodial employees as defined in 6VAC20-70-10 shall complete a total of 40 hours of in-service training as identified in this subsection by December 31 of the second calendar year after completing approved training at a certified training academy or satellite facility.
1. Cultural diversity training for two hours.
2. Legal training for four hours.
3. Career development or elective training for 34 hours. Subjects to be provided are at the discretion of the academy director.
B. Firearms training. Every noncustodial employee required to carry a firearm in the performance of duty shall qualify annually using the applicable firearms course approved by the COT of the board. Annual range qualification shall include a review of issues and policies relating to weapons safety, nomenclature, maintenance, and use of force. With prior approval of the director, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.
6VAC20-70-120. Effective date. (Repealed.)
These rules shall be effective on and after July 1, 1987, and until amended or repealed.
6VAC20-70-130. Adopted: October 12, 1979. (Repealed.)
Amended: April 1, 1987.
FORMS (6VAC20-70)
Criminal Justice Training Roster, Form 41, eff. 1/93.
CHAPTER 90
RULES RELATING TO REGIONAL CRIMINAL JUSTICE TRAINING ACADEMIES
6VAC20-90-10. 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 or local law-enforcement agency.
"Approved training" means any training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department.
"External classroom" means a training room approved by the department located away from the certified academy, which the certified academy uses to conduct mandated training, using full-time academy staff with general instructorships.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Regional Academy" means Regional Criminal Justice Training Academy.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-90-20. Designation.
A. The regional academies set forth below in this subsection are designated as regional academies and are eligible to receive allocated funds from the department.
Cardinal Criminal Justice Academy
Salem, Virginia
Central Shenandoah Criminal Justice Training Academy
Waynesboro, Virginia
Central Virginia Criminal Justice Academy
Lynchburg, Virginia
Crater Criminal Justice Academy
Petersburg, Virginia
Hampton Roads Regional Academy of Criminal Justice
Newport News, Virginia
New River Criminal Justice Training Academy
Radford, Virginia
Northern Virginia Criminal Justice Academy
Ashburn, Virginia
Piedmont Regional Criminal Justice Training Academy
Martinsville, Virginia
Rappahannock Regional Criminal Justice Academy
Fredericksburg, Virginia
Skyline Regional Criminal Justice Academy
Front Royal, Virginia
Southwest Law Enforcement Virginia Criminal Justice Academy
Bristol, Virginia
B. Jurisdictions may operate their own certified independent training academies if approved by the department; however, no state funds will be available for such academies. A jurisdiction, within or without the Commonwealth, may join a regional academy at any time subject to complying with the policies established by the board requirements of §§ 15.2-1300 and 15.2-1747 of the Code of Virginia, and this chapter.
C. A regional academy site may be changed by the academy governing body with the approval of the board.
D. Training, where practical, shall be conducted at designated satellite locations throughout the geographical confines of the regional academy to ensure minimum travel for student officers.
E. The board shall define geographical boundaries of designated regional academies.
6VAC20-90-30. Academy governing body.
Each regional academy shall have a charter, which shall be established in accordance with § §§ 15.2-1300 and 15.2-1747 of the Code of Virginia. The charter shall, in accordance with guidelines established by the board, create an academy governing body and specify the composition, authority and functions of the academy governing body and selection criteria and duties of the regional academy director.
6VAC20-90-40. Funds.
The department will disburse funds to the regional academies designated in 6VAC20-90-20 in accordance with the appropriations made to the department for the purpose of providing financial support to the regional training academies. Financial reports An operating budget and independent audit by a third-party auditor will be required as determined by the department to be submitted to the department annually.
6VAC20-90-60. Academy creation.
A. Conduct training needs assessment. To determine if a need exists for the creation of a certified training academy, a state or local unit of government must complete a training needs assessment. The needs assessment will evaluate the following:
1. The inability to obtain adequate training from existing academies.
2. A hardship that renders the use of other existing academies impractical.
3. The number of criminal justice professionals (i.e., students) the certified training academy would serve.
4. That there are a sufficient number of criminal justice professionals, financial resources, and academy personnel to support the creation and maintenance of a full-time regional or independent training academy for a minimum of five years.
B. Identify and acknowledge commitments. The state or local unit of government shall in writing make the following commitments:
1. The provision of a full range of training to include basic training, in-service training, and instructor certification and recertification training.
2. The assignment of one position with primary responsibility as academy director and one clerical, financial officer, or support position to support training and training-related functions.
3. The provision of adjunct instructors to instruct classes and courses.
4. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
5. The commitment of sufficient funding to adequately support the training function.
C. Review and consideration.
1. The state or local governmental unit shall submit a training needs assessment and written commitments to the Committee on Training (COT) as described in subsections A and B of this section.
2. The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.
3. If the COT recommends the creation of the proposed academy, the department shall make a determination as to whether the creation of an academy is warranted.
a. If the creation of a regional academy is approved by the department, the governing bodies or political subdivisions of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of § 15.2-1747 of the Code of Virginia.
b. If the creation of an independently operated academy is approved by the department, the governing body of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of subsection D of § 15.2-1747 of the Code of Virginia.
6VAC20-90-70. Academy certification.
A. An academy shall not conduct mandated training until the academy meets all certification requirements.
B. Training academies, all places of operation (i.e., satellite facilities, external classrooms, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced or unannounced.
C. The academy must formally request academy certification status from the department and meet the following requirements:
1. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy certification.
2. The academy shall meet 100% the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
3. Certification is valid for one year from the date of certification.
a. In order to maintain certification status, the academy must successfully complete the academy recertification process before the expiration of the original certification.
b. The recertification will extend the expiration date to June 30 of the third year following the date of recertification.
D. If the academy does not meet one or more certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report:
1. The academy director will receive written notification of the certification standards that have not been met and the date when a reassessment will be conducted.
2. The department shall provide the written notification and date of reassessment within five business days of the last date of assessment.
3. The academy will be given time to correct the situation, not to exceed 60 days.
4. Department staff shall reassess the academy. If the academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator or board chairman of the academy. The academy will have a maximum of 30 days to comply with all certification standards.
5. A second reassessment will be conducted no later than 30 days following the first reassessment. If the academy is still not in compliance with all certification standards at the time of the second reassessment, the department shall not certify the academy.
6. The academy director may appeal the findings of the academy certification to the director. The decision of the director is final.
E. Academies failing to meet the certification requirements or losing on appeal shall restart the academy certification process identified within this section beginning with 6VAC20-90-70 C.
6VAC20-90-80. Academy recertification.
A. A certified training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.
B. A certified training academy, all places of operation (i.e., satellite facilities, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced and unannounced.
C. The certified training academy must successfully complete the academy recertification process before June 30 of the third year from the last date of recertification.
D. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy recertification.
1. The certified training academy shall meet 100% of the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
2. If the certified training academy does not meet one or more recertification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report:
a. The academy director will receive written notification of the recertification standards that have not been met along with a department drafted corrective action plan and the date when a reassessment will be conducted within five business days from the last date of assessment.
b. The certified training academy will be given time to correct the situation, not to exceed 60 days.
c. The department staff shall reassess the certified training academy. If the certified training academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator, or board chairman of the certified training academy. The certified training academy will have a maximum of 30 days to comply with all certification standards.
d. A second reassessment will be conducted no later than 30 days following the first reassessment. If the certified training academy is still not in compliance with all certification standards at the time of the second reassessment, the director shall suspend the academies certification in accordance with 6VAC20-90-100 and conduct a hearing within 30 days to determine the status of the academy's certification.
E. The director shall review all pertinent documents.
1. The academy will have an opportunity to make a verbal presentation.
2. After a review of all pertinent information, the director shall determine the status of the academy certification.
F. The academy director may seek appeal to the enforcement actions identified in 6VAC20-90-100 of the academy recertification assessment.
1. The academy director may request a hearing before Executive Committee of the Criminal Justice Services Board. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of probation, suspension, or revocation.
2. The academy will have an opportunity to make a verbal presentation before the executive committee.
3. After a review of all pertinent information, the executive committee shall determine the status of the certification.
6VAC20-90-90. Training requirements, approvals, audits, inspections, and reviews.
A. The certified training academy shall conduct mandated (e.g., basic) training using the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards for:
1. Law enforcement officers in accordance with the requirements of 6VAC20-20-21 B 1.
2. Deputy sheriffs and jail officers in accordance with the requirements of 6VAC20-50-20 B 1.
3. Courthouse and courtroom security officers in accordance with the requirements of 6VAC20-50-20 C 1.
4. Deputy sheriffs designated to serve process in accordance with the requirements of 6VAC20-50-20 D 1.
5. Dispatchers in accordance with the requirements of 6VAC20-60-20 B.
6. Noncustodial employees of the Department of Corrections designated by the Director of the Department of Corrections to carry a weapon in accordance with the requirements of 6VAC20-70-20.
7. Correctional officers of the Department of Corrections in accordance with the requirements of 6VAC20-100-20 B 1.
B. The certified training academy shall submit to the department its curriculum containing the performance outcomes, instructor names, and the dates and times for all basic training, including all instructor schools and field training officer schools, and a letter requesting approval (e.g., memorandum of transmittal) at least 30 days before the start of the course.
C. The department shall review the documents submitted, and if approved, the department shall notify the certified training academy in writing of course approval.
D. The certified training academy shall approve in-service training in accordance with the requirements identified in 6VAC20-30.
E. The department shall conduct training audits, inspections, and review.
6VAC20-90-100. Enforcement actions for recertification.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter that varies from the intent of this chapter by academies and certified academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific duration of time.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter for a specific duration of time.
3. Revocation is a written notification by the director of the deactivation and removal of authorization issued under certification to operate as a certified training academy for violations of this chapter for an indefinite period of time.
B. The enforcement actions and procedures provided in this subsection are not mutually exclusive. The department may invoke as many enforcement actions as the situation requires.
1. The department may consider probation, suspension, or revocation status for a certified training academy with documented noncompliance for one or more academy recertification standards when the certified training academy has failed to correct the noncompliance in accordance with the recertification process and timeline identified in 6VAC20-90-80.
2. If there is a life, health, or safety issue or felonious criminal activity occurring during any department or academy approved training, at any location, the director may unilaterally revoke the academy's certification. The status of the revocation shall be reviewed at the next scheduled Criminal Justice Services Board meeting.
6VAC20-90-110. Enforcement actions for instruction and training.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter by certified training academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific course or class.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter.
B. The department may conduct training audits inspections and reviews and immediately suspend a class, course, or training if there is a violation of academy certification or recertification standard or requirements or if there is a life, health, or safety issue or felonious criminal activity occurring at an academy or a satellite facility. The suspension shall remain in place until the noncompliance is corrected.
C. The department may assign probation status to a certified training academy's course or class. This allows a certified academy to conduct a class with oversight from the department.
D. Probation and suspension status shall be reviewed by the department upon compliance with all requirements.
6VAC20-90-120. Attendance, testing, grading, and recordkeeping.
A. The certified training academy shall establish, maintain, and follow a policy that requires criminal justice professionals to attend all classes except in emergency situations (i.e., natural disaster, catastrophic event, etc.) and notify criminal justice professionals of their responsibility for any material missed during an excused absence per academy policy.
B. The certified training academy shall utilize testing procedures that indicate that every criminal justice professional has satisfactorily completed the criteria for every training objective and performance outcome approved by the Committee on Training of the Criminal Justice Services Board and located in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards.
C. A criminal justice officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40, 6VAC20-50-40, 6VAC20-60-40, 6VAC20-70-40, or 6VAC20-100-40 and in accordance with each certified training academy's written policy.
D. Law-enforcement certification exam.
1. The department shall generate and proctor the law-enforcement certification exam.
2. All certified training academies shall document that each law-enforcement officer has complied with all minimum training standards in all categories identified in 6VAC20-20-21 before scheduling the law-enforcement certification exam.
3. Upon documented compliance with the minimum training standards identified in 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
E. The academy director shall certify criminal justice professional have complied with the applicable rules relating to the compulsory minimum training standards and requirements. The academy director shall submit the following information using the department's electronic training records management system within 60 days of the last day of completing the compulsory minimum training or in-service training.
1. Name of certified training academy and academy director's name;
2. Start and end dates of training;
3. Name and type of course;
4. Social security number of criminal justice professionals;
5. Last name, first name, and middle initial of criminal justice professionals;
6. Name of criminal justice professional's employing agency; and
7. Academy director's signature and date.
F. Certified training academies shall maintain accurate records of all tests, grades, and testing procedures.
G. The certified training academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
H. The certified training academy shall maintain training records in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-90-130. Failure to comply with rules and regulations.
A. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
B. Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the certified training academy and the department.
C. Individuals violating the rules and regulations governing the certified training academy or violating the rules of the certified training academy determined to be detrimental to the welfare of the academy or the safety of officers, visitors, or personnel may be expelled.
D. Notification of expulsion will immediately be reported in writing to the agency administrator of the individual and the department.
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-90)
DCJS Certified Criminal Justice Training Academy Certification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
Satellite Facility Worksheet, May 2018, Virginia Department of Criminal Justice Services
Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards, published online September 2012, (Revised March 2018) available on the Virginia Department of Criminal Justice Services website at https://www.dcjs.virginia.gov/law-enforcement/manual
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, or 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.
"Approved training" means training approved by the department to meet minimum training standards.
"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 or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"Satellite facility" means a temporary facility located away from the certified training academy facility, which the certified academy uses exclusively to conduct in-service training.
"School director" means the chief administrative officer of an approved training school.
6VAC20-100-20. Compulsory minimum training standards.
A. Pursuant to the provisions of § 9-170 7 of the subdivision 9 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the following as the compulsory minimum training standards for full-time or part-time correctional 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. Individuals hired as correctional officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed the compulsory minimum training standards at a certified training academy and complete field training requirements. Correctional officers shall comply with the following:
1. Successfully complete basic correctional officer training at a certified training academy or satellite facility, which includes receiving a minimum of 400 hours of department approved training in the following categories:
a. Security and supervision;
b. Communication;
c. Safety;
d. Emergency response;
e. Conflict and crisis management;
f. Law and legal;
g. Duty assignments and responsibilities;
h. Professionalism;
i. Basic corrections officer firearms training; and
j. Physical fitness training.
2. Successfully complete a minimum of 200 hours of approved training in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-100-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-100-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-100-30. Applicability.
A. Every A person employed as a full-time or part-time correctional officer, and who has not met the compulsory minimum training standards for correctional officers subsequent to the effective date of these regulations, in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia, shall meet the compulsory minimum training standards herein and requirements established in 6VAC20-100-20 and 6VAC20-100-40 unless provided otherwise in accordance with subsection B of this section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein, 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 officer Correctional officers who is are 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 compulsory 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. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. Any correctional officer The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Correctional officers who do not receive an extension of the time limit for completion of requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
G. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, more than 12 months but less than for a period of 24 months or less, upon reentry as a correctional officer, will be required to complete all compulsory minimum training standards set forth in 6VAC20-100-20 A 1 in-service and firearms training requirements set forth in 6VAC20-30.
D. Any correctional officer H. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, in excess of for a period greater than 24 months, upon reentry as a correctional officer shall be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-100-20 A 1 required for correctional officers as set forth in this chapter.
6VAC20-100-50. How minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Officers attending an approved training school are required to be present for all classes and should not be placed on duty or on call except in cases of emergency. In the event of such an emergency, the agency administrator shall advise the school director within 24 hours. Officers will 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. (Repealed.)
A. Correctional officer training schools shall be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools, 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 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. An exemption to the 30-day requirement may be granted for good cause shown by the school director.
B. Each school director shall be required to maintain a file of all lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved shall be subject to inspection and review by the director or staff.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-100-70. Grading Attendance, requirements, testing, and grading.
A. Each officer shall comply with 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). All approved training schools shall utilize testing procedures which indicate that every officer, prior to satisfactory completion of the training school, 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
B. The school 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
A. Attendance.
1. Correctional officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, etc.) In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Correctional officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Correctional officers shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A correctional officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
6VAC20-100-80. Failure to comply with rules and regulations.
Any correctional officer A. Any individual attending an approved training school a certified training academy shall comply with the rules and regulations promulgated by the department and board and any other rules and regulations within the authority of the school 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 director considers a violation of B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director the certified training academy or the safety of officers, visitors, or personnel may expel the officer be expelled from the school academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the corrections facility director manager of the officer and the director agency administrator or designee and the department.
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.
B. The school director shall, within 30 days upon completion of an approved training school session, comply with the following:
1. Prepare a grade report on each officer maintaining the original for academy records and forwarding a copy to the corrections facility director/manager of the officer.
2. 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. The school director shall furnish each instructor with the applicable performance objectives for the assigned subject matter.
D. Approved correctional officer training schools shall maintain accurate records of all tests, grades and testing procedures.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training school records shall be maintained in accordance with the provisions of these rules this chapter and §§ the Virginia Public Records Act (§ 42.1-76 through 42.1-91 et seq. of the Code of Virginia).
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.
NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
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.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-100)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
VA.R. Doc. No. R18-5427; Filed May 23, 2018, 3:08 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Proposed Regulation
REGISTRAR'S NOTICE: The Department of Criminal Justice Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 26 of the Code of Virginia, which exempts the department when developing, issuing, or revising any training standards established by the Criminal Justice Services Board under § 9.1-102 of the Code of Virginia, provided such actions are authorized by the Governor in the interest of public safety.
Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10 through 6VAC20-20-40, 6VAC20-20-70, 6VAC20-20-80, 6VAC20-20-90; adding 6VAC20-20-120, 6VAC20-20-130; repealing 6VAC20-20-20, 6VAC20-20-50, 6VAC20-20-61).
6VAC20-50. Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers (amending 6VAC20-50-10 through 6VAC20-50-40, 6VAC20-50-70, 6VAC20-50-80, 6VAC20-50-90; adding 6VAC20-50-120, 6VAC20-50-130; repealing 6VAC20-50-50, 6VAC20-50-60).
6VAC20-60. Rules Relating to Compulsory Minimum Training Standards for Dispatchers (amending 6VAC20-60-10 through 6VAC20-60-40, 6VAC20-60-70, 6VAC20-60-80, 6VAC20-60-90; adding 6VAC20-60-95; repealing 6VAC20-60-50, 6VAC20-60-60).
6VAC20-70. Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections (amending 6VAC20-70-10 through 6VAC20-70-40, 6VAC20-70-70, 6VAC20-70-100, 6VAC20-70-110; adding 6VAC20-70-25, 6VAC20-70-115; repealing 6VAC20-70-50, 6VAC20-70-60, 6VAC20-70-80, 6VAC20-70-90, 6VAC20-70-120, 6VAC20-70-130).
6VAC20-90. Rules Relating to Regional Criminal Justice Training Academies (amending 6VAC20-90-10 through 6VAC20-90-40; adding 6VAC20-90-60 through 6VAC20-90-130).
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 6VAC20-100-40, 6VAC20-100-70, 6VAC20-100-80, 6VAC20-100-90; adding 6VAC20-100-25; repealing 6VAC20-100-50, 6VAC20-100-60, 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: August 13, 2018.
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.
Summary:
The proposed amendments to all chapters (i) separate agency responsibility and academy responsibility; (ii) codify Department of Criminal Justice Services practice and policy; (iii) clarify that training extensions will not be granted for failing to pass or meet compulsory minimum training standards and requirements; and (iv) correct and update Code of Virginia citations and address inconsistent terminology, definitions, and processes.
Additionally, proposed amendments to 6VAC20-90 (i) provide training academies clear instructions on the requirements for certification and recertification; (ii) codify the current department policy and practice, which requires academies meet 100% of the certification standards identified in the Certified Criminal Justice Training Academy Certification Checklist and Report for initial certification and the Certified Criminal Justice Training Academy Recertification Checklist and Report for recertification; (iii) describe the process, responsibilities, and timeline for reassessment and the application of enforcement actions, including probation, suspension, and revocation, in detail; (iv) describe the appeal process, including an initial appeal to the director of the department and a second opportunity to appeal to the Executive Committee of the Criminal Justice Services Board; and (v) identify the process for creating a regional academy, those regional academies eligible to receive state funding, and the department's ability to suspend or revoke the certification of a certified training academy.
6VAC20-20-10. 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 or local law-enforcement agency.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local units unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified academies. Four members of the committee shall represent regional criminal justice academies, four members of the committee shall represent independent criminal justice academies, and one member shall represent the Department of State Police Training Academy. 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 or his the director's designee.
"Requirements" means the core elements an officer needs to accomplish to obtain law-enforcement certification.
6VAC20-20-20. Compulsory minimum training standards. (Repealed.)
Pursuant to the provisions of subdivision 2 of § 9-170 of the Code of Virginia, the department establishes these standards for compulsory minimum training for full-time and part-time law-enforcement officers.
6VAC20-20-21. Performance outcomes and minimum hours required Compulsory minimum training standards and requirements.
A. Pursuant to the provisions of subdivision 2 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for Law-Enforcement Officers. The complete document may be found on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov compulsory minimum training for full-time and part-time law-enforcement officers.
B. Academy training.
1. Category 1 - Professionalism
2. Category 2 - Legal Issues
3. Category 3 - Communications
4. Category 4 - Patrol
5. Category 5 - Investigations
6. Category 6 - Defensive Tactics/Use of Force
7. Category 7 - Weapons Use
8. Category 8 - Driver Training
9. Category 9 - Physical Training (Optional)
ACADEMY TRAINING HOURS - 480 (excluding Category 9)
C. Field training.
Category 10 - Field Training
FIELD TRAINING HOURS - 100
TOTAL MINIMUM TRAINING STANDARDS HOURS - 580 (excluding Category 9)
B. An individual hired as a law-enforcement officer as defined in § 9.1-101 of the Code of Virginia shall comply with the following law-enforcement certification requirements:
1. Successfully complete law-enforcement basic training at a certified training academy, which includes receiving a minimum of 480 hours of department approved training in the following categories:
a. Professionalism,
b. Legal,
c. Communication,
d. Patrol,
e. Investigations,
f. Defensive tactics and use of force,
g. Weapons, and
h. Driver training.
2. Successfully complete a minimum of 100 hours of approved training in the category of field training by meeting or exceeding the field training performance outcomes identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Law-enforcement officers become certified upon meeting all compulsory minimum training standards and requirements that include documented completion of all performance outcomes, the law enforcement certification exam, and field training.
6VAC20-20-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories and hours of the compulsory minimum training standards identified in 6VAC20-20-21. Amendments to training categories and hours 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 (COT) of the Criminal Justice Services Board board shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), an interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the hours and training categories will only be made in accordance with the provisions of the Administrative Process Act by the CRC. The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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 COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-20-30. Applicability.
A. Every A person employed as a full-time or part-time law-enforcement officer, as defined by § 9-169 (9) § 9.1-101 of the Code of Virginia, subsequent to after July 1, 1971, shall satisfactorily complete the compulsory minimum training standards and the requirements for law-enforcement officers as identified in 6VAC20-20-21 and 6VAC20-20-40.
B. The director may grant an exemption or partial exemption from the compulsory minimum training standards and the requirements set forth in 6VAC20-20-21 to a law-enforcement officer of any a political subdivision of the Commonwealth who has had previous experience and training as provided in § 9-173 § 9.1-116 of the Code of Virginia.
C. Any A person not employed as a full-time or part-time law-enforcement officer on July 1, 1971, who remains out of law-enforcement law enforcement for more than 24 months, upon reappointment as a full-time or part-time law-enforcement officer, shall be required to comply with the compulsory minimum training standards and the requirements identified in 6VAC20-20-21 unless provided otherwise in accordance with subsection B of this section.
6VAC20-20-40. Time requirement for completion of training.
A. Every law-enforcement officer who is Law-enforcement officers required to comply with the compulsory minimum training standards requirements of 6VAC20-20-21 shall satisfactorily complete such training the requirements within 12 months of the date of hire or appointment as a law-enforcement officer.
B. The director, or his the director's designee, may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions and requirements for the following reasons:
1. Illness Medical condition;
2. Injury;
3. Military service; or
4. Special duty assignment required and performed in the public interest;
5. Administrative leave involving the determination of worker's compensation or disability retirement issues, full-time educational leave or suspension pending investigation or adjudication of a crime; or.
6. Any other reason documented by the agency administrator. Such reason shall be specified and
C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for:
1. Failing to pass compulsory minimum training standards and requirements within specified time limits.
2. Failing the certification examination.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
C. F. Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards and requirements within 12 months of employment hire or appointment as a law-enforcement officer, or who do not receive an extension of the time limit for completion of training the requirements, shall be subject to the provisions of § 9-181 § 9.1-115 of the Code of Virginia.
G. The department shall notify the agency administrator of any officer individuals not in compliance with the requirements of this section.
6VAC20-20-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives and criteria at a certified training academy and the successful completion of field training objectives unless otherwise provided by 6VAC20-20-30 B.
B. Officers attending approved training are required to attend all classes and shall not be placed on duty or call except in cases of emergency.
6VAC20-20-61. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need which contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship which renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training, in-service training, recertification training, specialized training and instructor certification.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection B of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
D. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
E. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
F. A certified training academy is subject to inspection and review by the director or his staff.
G. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-20-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures which indicate that every officer has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Officers shall comply with the requirements of subdivision B 1 of 6VAC20-20-21.
2. Each officer shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. An officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Law-enforcement certification exam. Upon documented compliance with the compulsory minimum training standards identified in subdivision B 1 of 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
6VAC20-20-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of officers, visitors, or personnel may be expelled from the academy.
C. Notification of such action shall an expulsion will 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 and the department.
6VAC20-20-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved by the department and at such times as designated by the director. Law-enforcement agencies will receive a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The law-enforcement agency shall complete the department authorized field training completion form (Form B-13) documenting the completion of field training for officers.
C. The agency administrator shall forward a properly executed field training form sign and submit the field training completion form to the department for each officer, within 12 months of employment hire or appointment.
C. The academy director shall, within 30 days upon completion of approved training, comply with the following:
1. Submit to the department a roster containing the names of those officers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives, hours and instructor names listed.
D. The academy director shall furnish each instructor with the applicable performance outcomes, criteria and lesson plan guides for assigned subject matter. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-20-120. Certification status and in-service training.
A. All full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Officers shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-20-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-20)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, eff. 1/91
Field Training: Law Enforcement, B-13, rev. 1/98
Criminal Justice Training Roster, Form 41, rev. 4/94
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2, (rev. 5/2018)
Field Training: Law Enforcement, B-13, (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-20)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-50-10. 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 agency head of a local correctional facility as defined in § 53.1-1 of the Code of Virginia.
"Academy director" means the chief administrative officer of a certified training academy.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes, training objectives, criteria for testing, and lesson plan guides approved by the Committee on Training and the minimum hours approved by the board.
"Curriculum Review Committee" or "CRC" means a committee consisting of nine individuals representing the conduct of entry-level jailor or custodial officer, courthouse and courtroom security officer, and process service officer training. The composition of the committee shall be three representatives of sheriffs' offices, three representatives of regional jails, two and three representatives from academies, and one representative of the Department of Criminal Justice Services Jails Training Unit. The Committee on Training shall appoint the members of the Curriculum Review Committee.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"School director" means the chief administrative officer of an approved training school.
"Requirements" means the core elements a jail officer, deputy sheriff, court security officer, or civil process officer needs to accomplish to obtain department certification.
6VAC20-50-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivisions 7, 8, and 9 of § 9.1-102 and § 53.1-120 of the Code of Virginia, the department under the direction of the board establishes the standards for Compulsory Minimum Training Standards for full and part-time Jailors or Custodial Officers, Courthouse and Courtroom Security Officers, and Process Service Officers. The complete document may be found on the Department of Criminal Justice Services' website at www.dcjs.virginia.gov. compulsory minimum training standards for full-time and part-time deputy sheriffs and jail officers as defined in § 53.1-1 of the Code of Virginia; persons designated to provide courthouse and courtroom security pursuant to § 53.1-120 of the Code of Virginia; and persons designated to serve process pursuant to § 8.01-293 of the Code of Virginia.
B. Academy training categories - Jailor Individuals hired as deputy sheriffs or jail officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires deputy sheriffs and jail officers comply with the following:
1. Successfully complete jail officer department approved training at a certified training academy in the following categories:
1. a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. Operations d. Jail operations;
5. e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. h. Driver Training training and transportation.
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
C. Jailor or Custodial Officer Field Training Category 9
D. Academy training categories – Courthouse and Courtroom Security Officer.
Individuals hired as courthouse and courtroom security officers shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete courthouse and courtroom security officers department approved training at a certified training academy in the following categories:
1. Court Security a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Court Security Operations security operations;
5. Court Security e. Investigations;
6. f. Defensive Tactics/Use tactics and use of Force force;
7. g. Weapons Use; and
8. Transportation h. Driver training and transportation.
E. Courthouse and Courtroom Security Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
D. Individuals hired as deputy sheriffs and designated to serve process shall meet or exceed compulsory minimum training standards at a certified training academy and complete field training requirements. Certification requires courthouse and courtroom security officers comply with the following:
1. Successfully complete process service officer department approved training at a certified training academy in the following categories:
F. Academy training categories – Process Service Officer.
1. Process Service Officer Operations a. Professionalism;
2. b. Legal Issues;
3. Communications c. Communication;
4. d. Civil Process Operations process operations;
5. Civil Process Investigations
6. e. Defensive Tactics/Use tactics and use of Force force;
7. f. Weapons Use; and
8. Transportation g. Driver training.
G. Process Service Officer Field Training Category 9
2. Meet or exceed the performance outcomes in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-50-21. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-50-20. Amendments to the 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.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, Curriculum Review Committee (CRC), interested party, or member of the community.
Any suggestions 2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed at the regularly scheduled meeting of the Curriculum Review Committee CRC. If comment is received at any public hearing, the Committee on Training may make a decision at that time. Changes to the training categories will only be made in accordance with the provisions of the Administrative Process Act The CRC shall present recommendations for revisions to the COT.
C. Prior to Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department shall notify each certified training 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. COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-50-30. Applicability.
A. Every A person employed as a jailor or custodial sheriff deputy or jail officer as defined in § 53.1-1 of the Code of Virginia and in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards and requirements established in subsections subsection B, C, and D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
B. Every person employed as a Courthouse and Courtroom Security Officer courthouse and courtroom security officer in accordance with subdivision 7 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards established in subsections E and F subsection C of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
C. Every person employed as a Deputy Sheriff Designated to Serve Process deputy sheriff designated to serve process in accordance with § 15.2-1612.1 of the Code of Virginia shall meet compulsory minimum training standards established in subsections G and H subsection D of 6VAC20-50-20 and 6VAC20-50-40 unless provided otherwise in accordance with subsection D of this section.
D. The director may grant an exemption or partial exemption of the compulsory minimum training standards as established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who originally complied with all applicable training requirements and later separated from deputy sheriff, jail officer, courthouse and courtroom security officer, and deputy sheriff designated to serve process status in excess of 24 months, upon reentry as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process will be required to complete all compulsory minimum training standards in accordance with 6VAC20-50-20 unless provided otherwise in accordance with subsection D of this section.
6VAC20-50-40. Time requirement for completion of training.
A. Every jailor or custodial officer, courthouse and courtroom security officer and process service officer Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who is are required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment or hire as a jailor or custodial officer, courtroom security officer or process service officer deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process unless provided otherwise in accordance with subsection B of this section.
B. The director or director's designee may grant an extension of the time limit for completion of the compulsory minimum training required upon presentation of evidence by the agency administrator that such officer was unable to complete the required training within the specified time limit due to illness, injury, military service, special duty assignment required and performed in the public interest or leave without pay or suspension pending investigation or adjudication of a crime. The agency administrator shall request such extension prior to expiration of any time limit.
C. Any jailor or custodial officer, courthouse and courtroom security officer or process service officer who originally complied with all applicable training requirements and later separated from jailor or custodial officer, courtroom security officer, process service officer status, in excess of 24 months, upon reentry as a jailor, courthouse and courtroom security officer/process server will be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-50-30 D. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. The director or director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who do not satisfactorily complete the compulsory minimum training standards and requirements within 12 months of hire or appointment as a deputy sheriff, jail officer, courthouse and courtroom security officer, or deputy sheriff designated to serve process, or who do not receive an extension of the time limit for completion of the requirements, shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
6VAC20-50-50. How compulsory minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing performance outcomes at certified training academy and field training requirements.
B. Officers attending a certified training academy are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
C. All certified training academies that begin on or after July 1, 2007, shall be conducted in conformance with the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006. However, the period July 1, 2007, through June 30, 2008, shall serve as a transition period wherein certified training academies may be approved by the department to conduct training according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial/Courthouse and Courtroom Security Officers/Deputy Sheriffs Designated to Serve Process as amended by the board on April 4, 1990, or according to the Rules Relating to Compulsory Minimum Training Standards for Jailors or Custodial Officers, Courthouse and Courtroom Security Officers and Process Service Officers as amended by the board on September 14, 2006.
6VAC20-50-60. Certified training academies. (Repealed.)
A. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
B. In addition, the state or local unit of government must make the following commitments:
1. Provide a full range of training to include entry-level training, in-service training, instructor certification and recertification training and specialized training.
2. Assignment of one position with primary responsibility as academy director and one clerical position to support training and training-related functions.
3. Maintain a training facility adequate to conduct training in accordance with academy certification standards.
4. Commitment of sufficient funding to adequately support the training function.
C. Process.
1. The state or local governmental unit shall submit a justification, as outlined in subsection B of this section, to the Committee on Training, which shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process and be in compliance with § 15.2-1747 of the Code of Virginia.
D. Each certified academy director shall maintain a file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards. The certified training academy shall submit to the department its curriculum and other information as designated within time limits established by the department.
E. Certified academies that are approved shall be subject to inspection and review by the director.
F. The department may suspend or revoke the approval of a certified training school academy upon written notice to the academy's director. The notice shall contain the reason(s) upon which the suspension or revocation is based. The academy's 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 days of the date of the notice of suspension/revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-50-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every officer, prior to satisfactory completion of the training, has passed the criteria for testing and met the training objectives related to each performance outcome specified in the document entitled "Performance Outcomes for Compulsory Minimum Training Standards for Jailors or Custodial Officer, Courthouse and Courtroom Security Officers and Process Service Officers."
A. Attendance.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of emergency (e.g., natural disaster, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT of the board.
2. The officer may be tested and retested as may be necessary within the time limits of 6VAC20-50-40 A and each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-50-80. Failure to comply with rules and regulations.
Any individual A. Individuals 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the academy, the academy director may expel the officer from the academy or the safety of officers, visitors, or personnel may be expelled. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the officer in accordance with rules and regulations within the authority of the certified training academy individual and the department.
6VAC20-50-90. Administrative requirements.
The academy director shall maintain a final curriculum that includes performance outcomes, hours and instructor names.
A. Criminal justice agencies will receive a roster containing the names of those deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, and Form CP-1) documenting the completion of field training for officers.
C. The agency administrator shall sign and submit the field training completion form to the department for each officer within 12 months of hire or appointment.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-50-120. Certification status and in-service training.
A. Full-time and part-time law-enforcement officers of a police department or sheriff's office that is part of or administered by the Commonwealth or any political division, law-enforcement officers as defined in § 9.1-101 of the Code of Virginia, and all jail officers as defined in § 53.1-1 of the Code of Virginia must be certified through the successful completion of training at an approved criminal justice training academy in order to remain eligible for appointment or employment.
B. Deputy sheriffs, jail officers, courthouse and courtroom security officers, and deputy sheriffs designated to serve process shall comply with in-service training and firearms training requirements identified in 6VAC20-30.
6VAC20-50-130. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member or a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-50)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 8/05)
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
Field Training: Jail Deputy and Jail Officer, J-1, (5/2018)
Field Training: Court Security Officer, CS-1, (5/2018)
Field Training: Civil Process Officers, CP-1, (5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-50)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
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 non-law-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 or recertification standards and operated by the state or local unit(s) unit of government that is owned, leased, rented, or used exclusively for the purpose of providing instruction of compulsory minimum training standards training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and minimum hours approved by the Criminal Justice Services Board.
"Curriculum Review Committee" means the committee consisting of the following nine individuals: two members of the committee shall represent regional criminal justice academies, 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 department or the director's designee.
"Dispatcher" means any person employed by or in any local or state government agency either full time or part-time 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.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-60-20. Compulsory minimum training standards.
A. Pursuant to the provisions of subdivision 10 of § 9.1-102 (10) of the Code of Virginia, the department under the direction of the board establishes the categories of training as listed below in subsection B of this section as the compulsory minimum training standards for dispatchers: whose duties include dispatching for law enforcement.
B. Individuals hired as dispatchers shall meet or exceed the compulsory minimum training standards in the following categories at a certified training academy:
1. Category 1 - Communications. Communication;
2. Category 2 - Dispatcher Judgment. judgment;
3. Category 3 - Legal Issues.; and
4. Category 4 - Professionalism.
5. Category 5 - On-the-Job Training.
C. Individuals hired as dispatchers shall meet or exceed the performance outcomes in the category of on-the-job training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-60-25. Approval authority.
A. The Criminal Justice Services Board board shall be the approval authority for the training categories of the compulsory minimum training standards identified in 6VAC20-60-20. 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 (COT) shall be the approval authority for the performance outcomes, training objectives, criteria, and lesson plan guides that support the performance outcomes.
1. 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 COT based upon on written recommendation of a chief of police, sheriff, agency administrator, academy director, non-law-enforcement head of a communications center, or the Curriculum Review Committee (CRC).
2. Suggestions received related to performance outcomes, training objectives, criteria, and lesson plan guides shall be reviewed by the CRC. The CRC shall present recommendations for revisions to the COT.
Prior to C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training COT shall conduct a public hearing schedule an opportunity for public comment during a meeting of the COT. Sixty A minimum of 60 days prior to before the public hearing meeting of the COT, the proposed changes shall be distributed to all affected parties certified training academies for the opportunity to comment. Notice of change 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.
D. The department Department shall notify each certified training academy in writing of any new, revised, or deleted objectives COT approved revisions. Such adoptions, changes, or deletions shall become effective 30 days after notice of publication in the Virginia Register COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-60-30. Applicability.
A. All Full-time or part-time dispatchers employed by or in any local or state government agency whose duties include the dispatching of law-enforcement personnel and who were hired on or after July 1, 1988, must meet compulsory minimum training standards established at the time of their appointment, and requirements as identified in 6VAC20-60-20 and 6VAC20-60-40 unless provided otherwise in accordance with subsection B of this chapter section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein in this chapter, in accordance with § 9.1-116 of the Code of Virginia.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-40. Time requirement for completion of training.
A. Every dispatcher who is Dispatchers required to comply with the compulsory minimum training standards must satisfactorily complete the required training set forth in 6VAC20-60-20, within 24 months of the date of appointment as a dispatcher, 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 compulsory minimum training standards under and requirements for the following conditions: reasons.
1. The chief of police, sheriff, or agency administrator shall present written notification that the dispatcher was unable to complete the required training within the specified time limit due to:
a. Illness 1. Medical condition;
b. 2. Injury;
c. 3. Military service; or
d. Special duty assignment required and performed in the public interest;
e. 4. Administrative leave involving the determination of workers' compensation or disability retirement issues, or suspension pending investigation or adjudication of a crime; or.
f. Any other reason documented by the agency administrator. Such reason must be specific and any C. The director or the director's designee may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
2. Any extension granted under subdivision 1 e of this subsection shall require the dispatcher to complete compulsory minimum training prior to resuming job duties. Requests may be granted for periods not to exceed 12 months.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.
E. The agency administrator may request an extension from the director or the director's designee.
1. The request shall be in writing and include written documentation articulating the reason the individual is unable to complete the required training within the specified time limits.
2. The request shall be submitted to the department before the expiration of the specified time limits.
3. Dispatchers who do not satisfactorily complete compulsory minimum training standards within 24 months of appointment as a dispatcher and who do not receive an extension of the time limit for completion of the requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
3. The agency administrator must request such extension prior to expiration of any time limit.
C. Any dispatcher having previously and successfully completed the compulsory minimum training standards who resigns and is reappointed within 24 months from departure will not be required to complete the academy training class.
6VAC20-60-50. Compliance with compulsory minimum training standards. (Repealed.)
A. The compulsory minimum training standards shall be accomplished by satisfactory completion of the academy training objectives at a certified training academy and the successful completion of on-the-job training objectives as provided by 6VAC20-60-30 B.
B. Dispatchers attending compulsory minimum training at a certified training academy are required to attend all classes and should not be placed on duty or call except in cases of emergency.
C. The Criminal Justice Services Board will provide a transition period for implementation of this chapter. The transition period shall begin January 1, 2002. During the transition period, certified training academies may conduct dispatcher entry-level training using the performance objectives within the "Rules Relating to Compulsory Minimum Training Standards for Dispatchers," effective January 1, 1994, or the performance outcomes and training objectives. Accordingly, any certified training academy may institute a curriculum transition by replacing existing performance objectives with the revised performance outcomes and training objectives. Effective January 1, 2003, all entry-level training programs shall meet the requirements of 6VAC20-60-100.
6VAC20-60-60. Approved training schools. (Repealed.)
A. Dispatcher classroom training may only be provided by a certified training academy. The certified training academy shall submit to the department the curriculum and other information as designated, within time limitations established by the department.
B. Each academy director will be required to maintain a file of all current lesson plans and supporting materials for each subject contained in the compulsory minimum training standards.
C. A certified training academy is subject to inspection and review by the director or staff.
D. To become a certified academy, a state or local unit of government must demonstrate a need that contains the following elements:
1. The inability to obtain adequate training from existing academies or a sufficient hardship that renders the use of other existing academies impractical.
2. Based upon a training needs assessment, a sufficient number of officers to warrant the establishment of a full-time training function for a minimum of five years.
E. In addition, the state or local unit of government must make the following commitments:
1. The provision of a full range of training to include entry-level training and specialized training.
2. The assignment of one position with primary responsibility as academy director and one clerical position to support training and training related functions and instructor certification.
3. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
4. The commitment of sufficient funding to adequately support the training function.
F. Process.
1. The state or local governmental unit shall submit a justification to the Committee on Training as described in subsection D of this section. The Committee on Training shall review the justification and make a recommendation to the department as to whether the establishment of an academy is warranted.
2. If the Committee on Training recommends the establishment of the proposed academy, the department shall make a determination as to whether the establishment of the academy is warranted.
3. If the establishment of the academy is approved by the department, the proposed academy must successfully complete the academy certification process.
G. The certified training academy shall submit to the department its curriculum and other information as designated within time limitations established by the department.
H. Each academy director shall maintain a file of all current lesson plans and supporting material for training objectives, and shall provide this information to the director upon request.
I. A certified training academy is subject to inspection and review by the director or his staff.
J. The department may suspend or revoke the certification of any certified training academy upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy's director. The academy's director may request a hearing before the director. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of the suspension or revocation. The academy's director may appeal the director's decision to the board.
6VAC20-60-70. Grading Attendance, testing, and grading.
A. All certified training academies shall utilize testing procedures that indicate that every dispatcher has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board. Attendance.
1. Dispatchers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place dispatchers on duty or on call and shall advise the academy director within 24 hours.
2. Dispatchers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Dispatchers shall comply with the requirements of 6VAC20-60-20.
2. Each dispatcher shall meet all the training objectives and pass each criteria for testing related to every performance outcome approved by the COT.
3. A dispatcher may be tested and retested as may be necessary within the time limits of 6VAC20-60-40 and in accordance with each the certified training academy's written policy.
B. Certified training academies shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of this chapter and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
C. Every individual attending compulsory minimum training shall satisfactorily complete each required performance outcome, training objective, and criteria, and any optional job related subject performance requirements, where applicable. Any individual who fails to satisfactorily complete any performance outcomes or objectives in any subject will be required to attend that subject in a subsequent approved dispatcher training school and satisfactorily complete the required performance objective or objectives.
6VAC20-60-80. Failure to comply with rules and regulations.
A. 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 B. Individuals violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the certified training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified training academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the agency administrator of the dispatcher and the director individual and the department.
6VAC20-60-90. Administrative requirements.
A. Reports will be required from the agency administrator and academy director on forms approved or provided by the department and at such times as designated by the director. Agencies will receive a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards within 60 days of completion.
B. The agency shall complete the department authorized on-the-job training completion form (Form D-1) documenting the completion of on-the-job training for dispatchers.
C. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-60-40, sign and forward a properly executed on-the-job training form to the department for each dispatcher.
C. The academy director shall, within 30 days upon completion of the dispatcher training:
1. Submit to the department a roster containing the names of those dispatchers who have satisfactorily completed the compulsory minimum training standards.
2. Submit to the department the final curriculum with the training objectives and instructor names listed.
D. The academy director shall furnish each instructor with the performance based training and testing objectives for the assigned subject matter.
E. Each certified training academy shall maintain accurate records of all tests, grades and testing procedures.
D. Records and documentation shall be open to audit, inspection, and review by the department upon request.
E. Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and the Virginia Public Records Act §§ 42.1-67 through 42.1-91 (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-60-95. Certified training academies.
Every criminal justice agency under the purview of the department shall be a member of a certified training academy.
NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-60)
Application for Exemption From Virginia Compulsory Minimum Training Standards, Form W-2, rev. 04/10.
On the Job Training Dispatchers, Form D-1, rev. 09/02.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
On the Job Training Dispatchers, Form D-1 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-60)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
6VAC20-70-10. Definitions.
The following words and terms, when used in this chapter, shall have the following meaning meanings, unless the context clearly indicates otherwise.:
"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.
"Academy director" means the chief administrative officer of a certified training academy.
"Agency administrator" means any chief of police, sheriff, agency head of a state or local law-enforcement agency, or the director of the Department of Corrections or his designee.
"Approved training" means training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 the Department of Corrections administration.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department or the director's designee.
"Noncustodial employee" includes means those employees specifically designated by the director of the Department of Corrections who, by their appointment, must carry a weapon.
"School director" means the chief administrative officer of an approved training school.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-70-20. Compulsory minimum training standards for noncustodial employees.
Pursuant to the provisions of §§ 18.2-308 (5), 19.2-81.2, 9-170 and 53.1-29 of the Code of Virginia, the board establishes the following as the compulsory minimum training standards for noncustodial employees of the Department of Corrections:
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|
|
|
Hours
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|
1. General
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|
1
|
|
|
a. Orientation
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|
|
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b. Evaluation
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|
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2. Skills
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|
4
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a. Firearms (Four hours classroom plus range firing)
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|
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3. Legal Matters
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3
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a. Corrections and Related Law
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1
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b. Legal Responsibility and Authority of Employees
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2
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TOTAL
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8 plus range
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A. Pursuant to the provisions of § 9.1-102 of the Code of Virginia, the department under the direction of the board shall establish the compulsory minimum training standards for the Department of Corrections, Division of Adult Institutions. Pursuant to §§ 19.2-81.2 and 53.1-29 of the Code of Virginia noncustodial employees of the Department of Corrections who have the authority to detain an individual and noncustodial employees who have been designated to carry a weapon by the Director of the Department of Corrections shall meet or exceed the compulsory minimum training standards at a certified training academy or satellite facility.
B. Noncustodial employees shall comply with the following noncustodial employee training that includes receiving a minimum of 80 hours of department approved training in the following categories:
1. Security and supervision;
2. Communication;
3. Safety;
4. Emergency response;
5. Conflict and crisis management;
6. Law and legal;
7. Duty assignments and responsibilities;
8. Professionalism; and
9. Firearms training.
6VAC20-70-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-70-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-70-30. Applicability.
Every A. A person employed in a noncustodial position who by appointment to that position has been designated by the Director of the Department of Corrections to carry a weapon must shall meet the requirements and compulsory minimum training standards herein established in 6VAC20-70-20 and 6VAC20-70-40.
B. Noncustodial employees meeting all of the following conditions shall not be required to complete the compulsory minimum training standards:
1. The noncustodial employee was previously employed as a corrections officer;
2. The noncustodial employee originally complied with all the compulsory minimum training requirements of 6VAC20-100 (Rules Relating to compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions); and
3. At the time of appointment a period of 24 months or less has passed since the noncustodial employee served in the position of a corrections officer.
6VAC20-70-40. Time required for completion of training.
A. Every No noncustodial employee, so designated as defined in this chapter, shall not carry a weapon until the compulsory minimum training standards as set forth in 6VAC20-70-20 have been satisfactorily completed.
B. Every noncustodial employee, so designated as defined in this chapter, shall satisfactorily complete the compulsory minimum training standards for noncustodial employees within 120 days 12 months of assuming a position which that is designated as a noncustodial position.
C. The director may grant an extension of the time limit for completion of the compulsory minimum training standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
D. The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
E. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
F. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or correctional officer status for a period of 24 months or less, upon reentry as a noncustodial employee, shall be required to complete compulsory in-service training and complete annual firearms training set forth in 6VAC20-70-115.
G. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or corrections officer status for a period greater than 24 months, upon reentry as a noncustodial employee, shall be required to complete all compulsory minimum training standards set forth in this chapter.
6VAC20-70-50. How compulsory minimum training standards may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Noncustodial employees attending an approved training school are required to attend all classes and should not be placed on duty or on call except in cases of emergency.
6VAC20-70-60. Approved training schools. (Repealed.)
A. Noncustodial employees training schools must be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools 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, instructors, dates and times for the entire proposed training session shall be submitted to the department 30 days prior to the beginning of each proposed session. An exemption to the 30 day requirement may be waived for good cause shown by the school director.
B. Each school director will be required to maintain a current file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved will be subject to inspection and review by the director or staff, or both.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-70-70. Grading Attendance, requirements, testing, and grading.
A. All written examinations shall include a minimum of two questions for each hour of mandatory instruction. This requirement likewise includes the classroom instruction on performance-oriented subject matter.
B. All noncustodial employees shall attain a minimum grade of 70% in each grading category to satisfactorily complete the compulsory minimum training standards. Any noncustodial employee who fails to attain the minimum 70% in any grading category will be required to take all subjects comprising that grading category in a subsequent approved training school.
A. Attendance.
1. Noncustodial employees attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, riot, etc.). In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place the noncustodial employee on duty or on call and shall advise the academy director within 24 hours.
2. Noncustodial employees shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Noncustodial employees shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A noncustodial employee may be tested and retested as may be necessary within the time limits of 6VAC20-70-40 and each certified training academy's written policy. A noncustodial employee shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
C. Approved noncustodial employee training schools shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.
6VAC20-70-80. Firearms. (Repealed.)
The following firearms training will be applicable to noncustodial employees of the Department of Corrections who have been designated to carry a weapon:
1. Classroom - Service handgun, shotgun and special weapons (four hours).
a. Nonmenclature and Care of Weapons
b. Safety
c. Legal Aspects of Firearms Use
d. Principles of Shooting
e. Special Weapons (as utilized by the Department of Corrections) - Familiarization, no firing
2. Range.
a. Service Handgun.
(1) combat course (double action)
60 rounds
Silhouette Target
Qualification - 70% (5 points per hit on silhouette)
(Minimum 210 points out of a possible 300 points)
(2) Course.
7 yards - two handed crouch - 6 rounds (one on whistle)
7 yards - two handed crouch - 6 rounds (two on whistle)
7 yards - two handed crouch - 12 rounds (30 seconds from whistle)
15 yards - two handed point shoulder - 6 rounds (one on whistle)
15 yards - two handed point shoulder - 6 rounds - (two on whistle)
15 yards - two handed point shoulder - 12 rounds (30 seconds from whistle)
25 yards - two handed point shoulder - 6 rounds (10 seconds/right hand)
25 yards - two handed point shoulder - 6 rounds (10 seconds/left hand)
b. Shotgun
10 rounds
Bobber Target
No. 4 Buck
Qualification - 80% (10 points per hit on bobber target)
25 yards - shoulder position - 10 rounds
6VAC20-70-90. Recertification. (Repealed.)
A. All noncustodial employees shall recertify every other calendar year by satisfactorily completing the firearms training set forth in 6VAC20-70-80. The specific time frame for compliance by currently certified noncustodial employees is enumerated in subsections C and D. Any noncustodial employee who does not comply as set forth below in subsections C and D shall be subject to the provisions of § 9-181 of the Code of Virginia.
B. All noncustodial employees shall be required to qualify annually with service handgun and shotgun in accordance with 6VAC20-70-80.
C. All noncustodial employees whose recertification due date is in 1987 shall comply with the recertification requirements by December 31, 1987, and thereafter by December 31 of every other calendar year.
D. All noncustodial employees whose recertification due date is in 1988 shall comply with the recertification requirements by December 31, 1988, and thereafter by December 31 of every other calendar year.
6VAC20-70-100. Failure to comply with rules and regulations.
A. Noncustodial employees Any individual attending an approved training school certified training academy shall comply with the rules and regulations promulgated by the department and any other rules and regulations within the authority of the school director board. The academy director of the school shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
If the school director considers a violation of the rules and regulations B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director may expel the noncustodial employee certified training academy or the safety of the noncustodial employees, officers, visitors, or personnel may be expelled from the school academy.
Consistent with Department of Corrections' policy, notification of such action shall C. Notification of an expulsion will immediately be reported in writing to the supervisor of the individual expelled and the appropriate Department of Corrections Division Director agency administrator or designee and the department.
6VAC20-70-110. Administrative requirements.
A. Reports will be required from the school director on forms approved by the department and at such times as designated by the director.
B. The school director shall, within 30 days upon completion of an approved training school, comply with the following:
1. Submit to the department a roster containing the names of those noncustodial employees who have satisfactorily completed all training requirements and, if applicable, a revised curriculum for the training session.
C. The school director shall furnish each instructor with a complete set of course resumes and objectives for the assigned subject matter.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training records shall be maintained in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-70-115. In-service training and annual firearms training.
A. Every two years, noncustodial employees as defined in 6VAC20-70-10 shall complete a total of 40 hours of in-service training as identified in this subsection by December 31 of the second calendar year after completing approved training at a certified training academy or satellite facility.
1. Cultural diversity training for two hours.
2. Legal training for four hours.
3. Career development or elective training for 34 hours. Subjects to be provided are at the discretion of the academy director.
B. Firearms training. Every noncustodial employee required to carry a firearm in the performance of duty shall qualify annually using the applicable firearms course approved by the COT of the board. Annual range qualification shall include a review of issues and policies relating to weapons safety, nomenclature, maintenance, and use of force. With prior approval of the director, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.
6VAC20-70-120. Effective date. (Repealed.)
These rules shall be effective on and after July 1, 1987, and until amended or repealed.
6VAC20-70-130. Adopted: October 12, 1979. (Repealed.)
Amended: April 1, 1987.
FORMS (6VAC20-70)
Criminal Justice Training Roster, Form 41, eff. 1/93.
CHAPTER 90
RULES RELATING TO REGIONAL CRIMINAL JUSTICE TRAINING ACADEMIES
6VAC20-90-10. 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 or local law-enforcement agency.
"Approved training" means any training approved by the department to meet minimum training standards.
"Board" means the Criminal Justice Services Board.
"Certified training academy" means a training facility in compliance with academy certification or recertification standards operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum hours approved by the Criminal Justice Services Board.
"Department" means the Department of Criminal Justice Services.
"Director" means the chief administrative officer of the department.
"External classroom" means a training room approved by the department located away from the certified academy, which the certified academy uses to conduct mandated training, using full-time academy staff with general instructorships.
"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).
"Regional Academy" means Regional Criminal Justice Training Academy.
"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.
6VAC20-90-20. Designation.
A. The regional academies set forth below in this subsection are designated as regional academies and are eligible to receive allocated funds from the department.
Cardinal Criminal Justice Academy
Salem, Virginia
Central Shenandoah Criminal Justice Training Academy
Waynesboro, Virginia
Central Virginia Criminal Justice Academy
Lynchburg, Virginia
Crater Criminal Justice Academy
Petersburg, Virginia
Hampton Roads Regional Academy of Criminal Justice
Newport News, Virginia
New River Criminal Justice Training Academy
Radford, Virginia
Northern Virginia Criminal Justice Academy
Ashburn, Virginia
Piedmont Regional Criminal Justice Training Academy
Martinsville, Virginia
Rappahannock Regional Criminal Justice Academy
Fredericksburg, Virginia
Skyline Regional Criminal Justice Academy
Front Royal, Virginia
Southwest Law Enforcement Virginia Criminal Justice Academy
Bristol, Virginia
B. Jurisdictions may operate their own certified independent training academies if approved by the department; however, no state funds will be available for such academies. A jurisdiction, within or without the Commonwealth, may join a regional academy at any time subject to complying with the policies established by the board requirements of §§ 15.2-1300 and 15.2-1747 of the Code of Virginia, and this chapter.
C. A regional academy site may be changed by the academy governing body with the approval of the board.
D. Training, where practical, shall be conducted at designated satellite locations throughout the geographical confines of the regional academy to ensure minimum travel for student officers.
E. The board shall define geographical boundaries of designated regional academies.
6VAC20-90-30. Academy governing body.
Each regional academy shall have a charter, which shall be established in accordance with § §§ 15.2-1300 and 15.2-1747 of the Code of Virginia. The charter shall, in accordance with guidelines established by the board, create an academy governing body and specify the composition, authority and functions of the academy governing body and selection criteria and duties of the regional academy director.
6VAC20-90-40. Funds.
The department will disburse funds to the regional academies designated in 6VAC20-90-20 in accordance with the appropriations made to the department for the purpose of providing financial support to the regional training academies. Financial reports An operating budget and independent audit by a third-party auditor will be required as determined by the department to be submitted to the department annually.
6VAC20-90-60. Academy creation.
A. Conduct training needs assessment. To determine if a need exists for the creation of a certified training academy, a state or local unit of government must complete a training needs assessment. The needs assessment will evaluate the following:
1. The inability to obtain adequate training from existing academies.
2. A hardship that renders the use of other existing academies impractical.
3. The number of criminal justice professionals (i.e., students) the certified training academy would serve.
4. That there are a sufficient number of criminal justice professionals, financial resources, and academy personnel to support the creation and maintenance of a full-time regional or independent training academy for a minimum of five years.
B. Identify and acknowledge commitments. The state or local unit of government shall in writing make the following commitments:
1. The provision of a full range of training to include basic training, in-service training, and instructor certification and recertification training.
2. The assignment of one position with primary responsibility as academy director and one clerical, financial officer, or support position to support training and training-related functions.
3. The provision of adjunct instructors to instruct classes and courses.
4. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.
5. The commitment of sufficient funding to adequately support the training function.
C. Review and consideration.
1. The state or local governmental unit shall submit a training needs assessment and written commitments to the Committee on Training (COT) as described in subsections A and B of this section.
2. The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.
3. If the COT recommends the creation of the proposed academy, the department shall make a determination as to whether the creation of an academy is warranted.
a. If the creation of a regional academy is approved by the department, the governing bodies or political subdivisions of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of § 15.2-1747 of the Code of Virginia.
b. If the creation of an independently operated academy is approved by the department, the governing body of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of subsection D of § 15.2-1747 of the Code of Virginia.
6VAC20-90-70. Academy certification.
A. An academy shall not conduct mandated training until the academy meets all certification requirements.
B. Training academies, all places of operation (i.e., satellite facilities, external classrooms, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced or unannounced.
C. The academy must formally request academy certification status from the department and meet the following requirements:
1. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy certification.
2. The academy shall meet 100% the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
3. Certification is valid for one year from the date of certification.
a. In order to maintain certification status, the academy must successfully complete the academy recertification process before the expiration of the original certification.
b. The recertification will extend the expiration date to June 30 of the third year following the date of recertification.
D. If the academy does not meet one or more certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report:
1. The academy director will receive written notification of the certification standards that have not been met and the date when a reassessment will be conducted.
2. The department shall provide the written notification and date of reassessment within five business days of the last date of assessment.
3. The academy will be given time to correct the situation, not to exceed 60 days.
4. Department staff shall reassess the academy. If the academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator or board chairman of the academy. The academy will have a maximum of 30 days to comply with all certification standards.
5. A second reassessment will be conducted no later than 30 days following the first reassessment. If the academy is still not in compliance with all certification standards at the time of the second reassessment, the department shall not certify the academy.
6. The academy director may appeal the findings of the academy certification to the director. The decision of the director is final.
E. Academies failing to meet the certification requirements or losing on appeal shall restart the academy certification process identified within this section beginning with 6VAC20-90-70 C.
6VAC20-90-80. Academy recertification.
A. A certified training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.
B. A certified training academy, all places of operation (i.e., satellite facilities, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced and unannounced.
C. The certified training academy must successfully complete the academy recertification process before June 30 of the third year from the last date of recertification.
D. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy recertification.
1. The certified training academy shall meet 100% of the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report in each of the following categories:
a. Administration;
b. Personnel;
c. Facility;
d. Instruction; and
e. Satellite facility.
2. If the certified training academy does not meet one or more recertification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report:
a. The academy director will receive written notification of the recertification standards that have not been met along with a department drafted corrective action plan and the date when a reassessment will be conducted within five business days from the last date of assessment.
b. The certified training academy will be given time to correct the situation, not to exceed 60 days.
c. The department staff shall reassess the certified training academy. If the certified training academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator, or board chairman of the certified training academy. The certified training academy will have a maximum of 30 days to comply with all certification standards.
d. A second reassessment will be conducted no later than 30 days following the first reassessment. If the certified training academy is still not in compliance with all certification standards at the time of the second reassessment, the director shall suspend the academies certification in accordance with 6VAC20-90-100 and conduct a hearing within 30 days to determine the status of the academy's certification.
E. The director shall review all pertinent documents.
1. The academy will have an opportunity to make a verbal presentation.
2. After a review of all pertinent information, the director shall determine the status of the academy certification.
F. The academy director may seek appeal to the enforcement actions identified in 6VAC20-90-100 of the academy recertification assessment.
1. The academy director may request a hearing before Executive Committee of the Criminal Justice Services Board. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of probation, suspension, or revocation.
2. The academy will have an opportunity to make a verbal presentation before the executive committee.
3. After a review of all pertinent information, the executive committee shall determine the status of the certification.
6VAC20-90-90. Training requirements, approvals, audits, inspections, and reviews.
A. The certified training academy shall conduct mandated (e.g., basic) training using the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards for:
1. Law enforcement officers in accordance with the requirements of 6VAC20-20-21 B 1.
2. Deputy sheriffs and jail officers in accordance with the requirements of 6VAC20-50-20 B 1.
3. Courthouse and courtroom security officers in accordance with the requirements of 6VAC20-50-20 C 1.
4. Deputy sheriffs designated to serve process in accordance with the requirements of 6VAC20-50-20 D 1.
5. Dispatchers in accordance with the requirements of 6VAC20-60-20 B.
6. Noncustodial employees of the Department of Corrections designated by the Director of the Department of Corrections to carry a weapon in accordance with the requirements of 6VAC20-70-20.
7. Correctional officers of the Department of Corrections in accordance with the requirements of 6VAC20-100-20 B 1.
B. The certified training academy shall submit to the department its curriculum containing the performance outcomes, instructor names, and the dates and times for all basic training, including all instructor schools and field training officer schools, and a letter requesting approval (e.g., memorandum of transmittal) at least 30 days before the start of the course.
C. The department shall review the documents submitted, and if approved, the department shall notify the certified training academy in writing of course approval.
D. The certified training academy shall approve in-service training in accordance with the requirements identified in 6VAC20-30.
E. The department shall conduct training audits, inspections, and review.
6VAC20-90-100. Enforcement actions for recertification.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter that varies from the intent of this chapter by academies and certified academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific duration of time.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter for a specific duration of time.
3. Revocation is a written notification by the director of the deactivation and removal of authorization issued under certification to operate as a certified training academy for violations of this chapter for an indefinite period of time.
B. The enforcement actions and procedures provided in this subsection are not mutually exclusive. The department may invoke as many enforcement actions as the situation requires.
1. The department may consider probation, suspension, or revocation status for a certified training academy with documented noncompliance for one or more academy recertification standards when the certified training academy has failed to correct the noncompliance in accordance with the recertification process and timeline identified in 6VAC20-90-80.
2. If there is a life, health, or safety issue or felonious criminal activity occurring during any department or academy approved training, at any location, the director may unilaterally revoke the academy's certification. The status of the revocation shall be reviewed at the next scheduled Criminal Justice Services Board meeting.
6VAC20-90-110. Enforcement actions for instruction and training.
A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter by certified training academies.
1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific course or class.
2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter.
B. The department may conduct training audits inspections and reviews and immediately suspend a class, course, or training if there is a violation of academy certification or recertification standard or requirements or if there is a life, health, or safety issue or felonious criminal activity occurring at an academy or a satellite facility. The suspension shall remain in place until the noncompliance is corrected.
C. The department may assign probation status to a certified training academy's course or class. This allows a certified academy to conduct a class with oversight from the department.
D. Probation and suspension status shall be reviewed by the department upon compliance with all requirements.
6VAC20-90-120. Attendance, testing, grading, and recordkeeping.
A. The certified training academy shall establish, maintain, and follow a policy that requires criminal justice professionals to attend all classes except in emergency situations (i.e., natural disaster, catastrophic event, etc.) and notify criminal justice professionals of their responsibility for any material missed during an excused absence per academy policy.
B. The certified training academy shall utilize testing procedures that indicate that every criminal justice professional has satisfactorily completed the criteria for every training objective and performance outcome approved by the Committee on Training of the Criminal Justice Services Board and located in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards.
C. A criminal justice officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40, 6VAC20-50-40, 6VAC20-60-40, 6VAC20-70-40, or 6VAC20-100-40 and in accordance with each certified training academy's written policy.
D. Law-enforcement certification exam.
1. The department shall generate and proctor the law-enforcement certification exam.
2. All certified training academies shall document that each law-enforcement officer has complied with all minimum training standards in all categories identified in 6VAC20-20-21 before scheduling the law-enforcement certification exam.
3. Upon documented compliance with the minimum training standards identified in 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.
E. The academy director shall certify criminal justice professional have complied with the applicable rules relating to the compulsory minimum training standards and requirements. The academy director shall submit the following information using the department's electronic training records management system within 60 days of the last day of completing the compulsory minimum training or in-service training.
1. Name of certified training academy and academy director's name;
2. Start and end dates of training;
3. Name and type of course;
4. Social security number of criminal justice professionals;
5. Last name, first name, and middle initial of criminal justice professionals;
6. Name of criminal justice professional's employing agency; and
7. Academy director's signature and date.
F. Certified training academies shall maintain accurate records of all tests, grades, and testing procedures.
G. The certified training academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.
H. The certified training academy shall maintain training records in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).
6VAC20-90-130. Failure to comply with rules and regulations.
A. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.
B. Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the certified training academy and the department.
C. Individuals violating the rules and regulations governing the certified training academy or violating the rules of the certified training academy determined to be detrimental to the welfare of the academy or the safety of officers, visitors, or personnel may be expelled.
D. Notification of expulsion will immediately be reported in writing to the agency administrator of the individual and the department.
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-90)
DCJS Certified Criminal Justice Training Academy Certification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services
Satellite Facility Worksheet, May 2018, Virginia Department of Criminal Justice Services
Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards, published online September 2012, (Revised March 2018) available on the Virginia Department of Criminal Justice Services website at https://www.dcjs.virginia.gov/law-enforcement/manual
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, or 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.
"Approved training" means training approved by the department to meet minimum training standards.
"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 or recertification standards and operated by the state or local unit of government that is owned, leased, rented, or used exclusively for the purpose training criminal justice professionals regulated by department and board.
"Committee on Training" or "COT" means the standing committee of the board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, and approving changes to the standards as needed.
"Curriculum Review Committee" 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 or the director's designee.
"Full-time attendance" means that officers in training shall attend all classes and shall not be placed on duty or call except in cases of emergency for the duration of the school.
"Satellite facility" means a temporary facility located away from the certified training academy facility, which the certified academy uses exclusively to conduct in-service training.
"School director" means the chief administrative officer of an approved training school.
6VAC20-100-20. Compulsory minimum training standards.
A. Pursuant to the provisions of § 9-170 7 of the subdivision 9 of § 9.1-102 of the Code of Virginia, the department under the direction of the board establishes the following as the compulsory minimum training standards for full-time or part-time correctional 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. Individuals hired as correctional officers as defined in § 53.1-1 of the Code of Virginia shall meet or exceed the compulsory minimum training standards at a certified training academy and complete field training requirements. Correctional officers shall comply with the following:
1. Successfully complete basic correctional officer training at a certified training academy or satellite facility, which includes receiving a minimum of 400 hours of department approved training in the following categories:
a. Security and supervision;
b. Communication;
c. Safety;
d. Emergency response;
e. Conflict and crisis management;
f. Law and legal;
g. Duty assignments and responsibilities;
h. Professionalism;
i. Basic corrections officer firearms training; and
j. Physical fitness training.
2. Successfully complete a minimum of 200 hours of approved training in the category of field training identified in the Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes.
6VAC20-100-25. Approval authority.
A. The board shall be the approval authority for the training categories and hours identified in 6VAC20-100-20 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 (COT) 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 COT based upon written recommendation of the director of the Department of Corrections, a chief of police, sheriff, agency administrator, academy director, or the Curriculum Review Committee.
C. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before to the meeting of the COT, the proposed changes shall be distributed to all certified training academies 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.
D. The department shall notify each certified training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified training academies prior to becoming effective.
6VAC20-100-30. Applicability.
A. Every A person employed as a full-time or part-time correctional officer, and who has not met the compulsory minimum training standards for correctional officers subsequent to the effective date of these regulations, in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia, shall meet the compulsory minimum training standards herein and requirements established in 6VAC20-100-20 and 6VAC20-100-40 unless provided otherwise in accordance with subsection B of this section.
B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein, 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 officer Correctional officers who is are 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 compulsory 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. standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the determination of worker's compensation or disability retirement issues or suspension pending investigation or adjudication of a crime.
C. Any correctional officer The director may review and consider other reasons (e.g., natural disaster, family medical leave, etc.) for granting an extension. If approval is granted, the extension shall not exceed 90 days.
D. The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.
E. Correctional officers who do not receive an extension of the time limit for completion of requirements shall be subject to the provisions of § 9.1-115 of the Code of Virginia.
F. The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.
G. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, more than 12 months but less than for a period of 24 months or less, upon reentry as a correctional officer, will be required to complete all compulsory minimum training standards set forth in 6VAC20-100-20 A 1 in-service and firearms training requirements set forth in 6VAC20-30.
D. Any correctional officer H. Correctional officers who originally complied with all training requirements and later separated from correctional officer status, in excess of for a period greater than 24 months, upon reentry as a correctional officer shall be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-100-20 A 1 required for correctional officers as set forth in this chapter.
6VAC20-100-50. How minimum training may be attained. (Repealed.)
A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school.
B. Officers attending an approved training school are required to be present for all classes and should not be placed on duty or on call except in cases of emergency. In the event of such an emergency, the agency administrator shall advise the school director within 24 hours. Officers will 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. (Repealed.)
A. Correctional officer training schools shall be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools, 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 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. An exemption to the 30-day requirement may be granted for good cause shown by the school director.
B. Each school director shall be required to maintain a file of all lesson plans and supporting material for each subject contained in the compulsory minimum training standards.
C. Schools which are approved shall be subject to inspection and review by the director or staff.
D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's 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 days of the date of the notice of suspension. The school's 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 days of the date of the decision of the director or his designee.
E. The department may revoke the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the revocation is based, to the school's director. The school's 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 days of the date of the notice of revocation. The school's 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 days of the date of the decision of the director or his designee.
6VAC20-100-70. Grading Attendance, requirements, testing, and grading.
A. Each officer shall comply with 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). All approved training schools shall utilize testing procedures which indicate that every officer, prior to satisfactory completion of the training school, 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
B. The school 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
A. Attendance.
1. Correctional officers attending approved training are required to attend all classes and shall not be placed on duty or on call except in cases of an emergency (e.g., natural disaster, etc.) In the event of such an emergency, the agency administrator or designee shall determine if it is appropriate to place officers on duty or on call and shall advise the academy director within 24 hours.
2. Correctional officers shall be responsible for any material missed during an excused absence.
B. Academy testing.
1. Correctional officers shall meet all the training objectives and pass all criteria for testing related to each performance outcome approved by the COT.
2. A correctional officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.
6VAC20-100-80. Failure to comply with rules and regulations.
Any correctional officer A. Any individual attending an approved training school a certified training academy shall comply with the rules and regulations promulgated by the department and board and any other rules and regulations within the authority of the school 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 director considers a violation of B. Any individual violating the rules and regulations governing the certified training academy determined to be detrimental to the welfare of the school, the school director the certified training academy or the safety of officers, visitors, or personnel may expel the officer be expelled from the school academy.
C. Notification of such action shall an expulsion will immediately be reported, in writing, to the corrections facility director manager of the officer and the director agency administrator or designee and the department.
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.
B. The school director shall, within 30 days upon completion of an approved training school session, comply with the following:
1. Prepare a grade report on each officer maintaining the original for academy records and forwarding a copy to the corrections facility director/manager of the officer.
2. 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. The school director shall furnish each instructor with the applicable performance objectives for the assigned subject matter.
D. Approved correctional officer training schools shall maintain accurate records of all tests, grades and testing procedures.
A. Records and documentation shall be open to audit, inspection, and review by the department upon request.
B. Training school records shall be maintained in accordance with the provisions of these rules this chapter and §§ the Virginia Public Records Act (§ 42.1-76 through 42.1-91 et seq. of the Code of Virginia).
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.
NOTICE: The following form used in administering the regulation was filed by the agency. The form is not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The form is also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.
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.
Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-100)
Virginia Department of Criminal Justice Services Field Training and On the Job Training Performance Outcomes, published September 2012, Virginia Department of Criminal Justice Services (Revised January 2018)
VA.R. Doc. No. R18-5427; Filed May 23, 2018, 3:08 p.m.
TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
CRIMINAL JUSTICE SERVICES BOARD
Withdrawal of 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.
Notice is hereby given that the Criminal Justice Services Board
has WITHDRAWN the proposed regulatory action for 6VAC20-100, Rules Relating
to Compulsory Minimum Training Standards for Correctional Officers of the
Department of Corrections, Division of Adult Institutions, which was
published in 33:19 VA.R. 2039-2046 May 15, 2017. A
new action will be initiated that will separate the responsibilities of the
basic correctional officer and the agency from the responsibilities of the
academy.
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.
VA.R. Doc. No. R16-2873; Filed May 14, 2018, 1:54 p.m.
TITLE 8. EDUCATION
STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA
Final Regulation
REGISTRAR'S NOTICE: The
State Council of Higher Education for Virginia is claiming an exemption from
the Administrative Process Act in accordance with § 2.2-4002 B 4 of
the Code of Virginia, which exempts regulations relating to grants of state or federal
funds or property.
Title of Regulation: 8VAC40-140. Virginia Vocational
Incentive Scholarship Program for Shipyard Workers Regulations (amending 8VAC40-140-10, 8VAC40-140-40,
8VAC40-140-60 through 8VAC40-140-90).
Statutory Authority: § 23.1-2912 of the Code of
Virginia.
Effective Date: June 15, 2018.
Agency Contact: Beverly Covington, Senior Associate for
Academic and Legislative Affairs, State Council of Higher Education for
Virginia, 101 North 14th Street, 9th Floor, Monroe Building, Richmond, VA
23219, telephone (804) 371-0571, or email beverlycovington@schev.edu.
Small Business Impact Review Report of Findings:
This final regulatory action serves as the report of the findings of the
regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.
Summary:
The amendments clarify administration of the Virginia Vocational
Incentive Scholarship Program for Shipyard Workers by Tidewater Community
College by (i) updating terminology, (ii) incorporating changes to the
authorizing law, and (iii) shifting responsibility where appropriate from the
council to the college.
8VAC40-140-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Academic year" means the 12-month enrollment
period, during which the college holds classes, comprised of the college's fall
and spring semesters and summer session.
"Apprenticeship program" means a three-year program
combining educational instruction and on-the-job training that is established
for the purpose of enhancing the education and skills of shipyard workers and
that is registered with the Virginia Department of Labor and Industry.
"Award year" means the period of time in which a
scholar receives a scholarship during the academic year. Receipt of the
scholarship during at least two of the three periods constitutes one full award
year while enrollment in one period constitutes one half of an award year.
"College" means Tidewater Community College.
"Council" means the State Council of Higher
Education for Virginia or its designated staff.
"Domiciliary resident of Virginia" means a
student determined by the college to meet the domicile eligibility requirements
specified by § 23.1-502 or 23.1-505 of the Code of Virginia and augmented by
the Domicile Guidelines.
"Eligible course of study" means an Associate in
Applied Science degree program or an apprenticeship program registered with the
Virginia Department of Labor and Industry.
"Program" means the Virginia Vocational Incentive
Scholarship Program for Shipyard Workers.
"Scholar" means a recipient of program funds from
the Virginia Vocational Incentive Scholarship Program for Shipyard Workers.
"Scholarship" means a grant from state funds
appropriated for the Virginia Vocational Incentive Scholarship Program for
Shipyard Workers.
"Shipyard worker" means any person employed full
time on a salaried or wage basis whose tenure is not restricted as to temporary
or provisional appointment at a ship manufacturing or ship repair company
located in the Commonwealth of Virginia.
8VAC40-140-40. Eligibility criteria for an initial scholarship.
In order to receive a scholarship, the student must be:
1. A domiciliary resident of Virginia as defined in §
23.1-502 of the Code of Virginia and determined by the college,;
2. Employed full time as a shipyard worker,; and
3. Enrolled full time or part time in an eligible
course of study.
8VAC40-140-60. Scholarship conditions.
To receive initial and renewal scholarships, the student must
enter into an agreement with the council through the college under
which he agrees to:
1. Continue full-time employment as a shipyard worker until his
successful completion of the eligible course of study;
2. Continue pursuing an eligible course of study;
3. Upon successful completion of the eligible course of study,
work continuously in Virginia as a shipyard worker for the same number of
years that he was the beneficiary of such scholarship at the rate of one
calendar year for each award year received;
4. Provide evidence of compliance with subdivision 3 of this
section in the form of a statement from the human resources director of the
shipyard in which the scholar is working, certifying that the scholar is
employed full time as a shipyard worker; and
5. Repay the total amount of funds received, or the
appropriate portion thereof, and any accrued interest, if he the
scholar fails to honor the requirements specified in subdivisions 1, 2, and
3 of this section.
8VAC40-140-70. Scholarship amount.
A. In no case may a student receive a scholarship under the
program that exceeds the cost of full tuition and required fees relating to the
eligible course of study.
B. If a scholar ceases full-time employment as a shipyard
worker or withdraws from all courses during a term, the tuition refund
policy in effect at the college will determine the portion of the award amount
that the amount of the scholarship must be reclaimed by the college.
8VAC40-140-80. Noncompliance with scholarship agreement.
A. A scholar found to be in noncompliance with the
scholarship agreement entered shall:
1. Repay the amount of scholarship funds received, prorated
according to the fraction of the work obligation not completed, as determined
by the council college;
2. Pay a simple, per annum interest charge of 5.0% on the
outstanding principal as determined by the council college; and
3. Pay all reasonable collection costs as determined by the council
college.
B. A scholar required to repay his the
scholarship shall:
1. Enter repayment status on the first day of the first
calendar month after:
a. The council college has determined that the
scholar is no longer enrolled in an eligible course of study, but not before
six months has elapsed since the scholar was enrolled in such course of study;
b. The date the scholar informs the council that he college
that the scholar does not plan to fulfill the work obligation; or
c. The latest date on which the scholar must have begun
working in order to have completed the work obligation within 10 years after
completing the postsecondary education for which the scholarship was awarded,
as determined by the council college.
2. Make monthly payments to the council college
that cover principal, interest, and any collection costs according to a
schedule established by the council college that calls for
minimum payments of $100 per month and to complete repayment within 10 years
after the scholar enters repayment status.
C. The interest charge specified in subdivision A 2 of this
section accrues from:
1. The date of the initial scholarship payment if the council
college has determined that the scholar is no longer enrolled in an
eligible course of study or completed an eligible course of study but never
became employed as a shipyard worker; or
2. The day after the last day of the scholarship period for
which the work obligation has been fulfilled is required.
D. The council college shall capitalize any
accrued interest at the time it establishes a scholar's repayment schedule.
E. The council college may approve less than
$100 minimum monthly payments or forgive partial interest charges due to
extenuating circumstances.
F. The council college may approve a reduction
in interest charges for scholars making consistent on-time monthly payments
that meet or exceed the minimum required amount.
G. A scholar is not considered in violation of the repayment
schedule established by the council college during the time he
the scholar is:
1. Serving on active duty as a member of the armed services of
the United States or serving as a member of VISTA or the Peace Corps for a
period not in excess of three years;
2. Accompanying a spouse who is serving on active duty as a
member of the armed services of the United States or serving as a member of
VISTA or the Peace Corps for a period not in excess of three years;
3. Experiencing health conditions that impede his the
scholar's ability to perform requisite service in a shipyard setting for a
period not to exceed three years;
4. Unable to secure employment by reason of the care required
by a disabled child, spouse, or parent for a period not in excess of 12 months;
or
5. Unable to satisfy the terms of the repayment schedule
established by the council and is also seeking and unable to find full-time
employment as a shipyard worker in Virginia for a single period not to exceed
27 months.
H. To qualify for any of the exceptions in subsection G of
this section, a scholar must notify the council college of his
a claim to the exception and provide supporting documentation as
required by the council college.
I. During the time a scholar qualifies for any of the
exceptions specified in subsection G of this section, he the scholar
need not make the scholarship repayments and interest does not accrue.
J. The council college shall extend the 10-year
scholarship repayment period by a period equal to the length of time a scholar
meets any of the exceptions in subsection G of this section or if a scholar's
inability to complete the scholarship repayments within this 10-year period
because of his a financial condition has been established to the council's
college's satisfaction.
K. The council college shall cancel a scholar's
repayment obligation if it determines that:
1. On the basis of a sworn affidavit of a qualified physician,
the scholar is unable to work on a full-time basis because of an impairment
that is expected to continue indefinitely or result in death; or
2. On the basis of a death certificate or other evidence
conclusive under state law, the scholar has died.
8VAC40-140-90. Responsibility of the college.
The college shall:
1. Comply with all requests from the council for reports or
information necessary to carry out the operation of the program;
2. Retain a copy of each signed promissory note and send
the original promissory note to the council; and
3. Notify the council if a scholar fails to meet the terms of
the promissory note and enters repayment status.
DOCUMENTS INCORPORATED BY REFERENCE (8VAC40-140)
Domicile
Guidelines, State Council of Higher Education for Virginia, October 25, 2016
VA.R. Doc. No. R18-5285; Filed May 16, 2018, 8:58 a.m.
TITLE 16. LABOR AND EMPLOYMENT
VIRGINIA WORKERS' COMPENSATION COMMISSION
Proposed Regulation
Title of Regulation: 16VAC30-16. Electronic Medical
Billing (adding 16VAC30-16-10 through 16VAC30-16-80).
Statutory Authority: § 65.2-605.1 of the Code of
Virginia.
Public Hearing Information:
August 7, 2018 - 1 p.m. - Commissioners' Conference Room,
333 East Franklin Street, Richmond, VA 23219
Public Comment Deadline: August 10, 2018.
Agency Contact: James J. Szablewicz, Chief Deputy
Commissioner, Virginia Workers' Compensation Commission, 333 East Franklin
Street, Richmond, VA 23219, telephone (804) 205-3097, or email
james.szablewicz@workcomp.virginia.gov.
Basis: The Virginia Workers' Compensation Commission is
promulgating this regulation in accordance with the provisions of § 65.2-605.1
of the Code of Virginia, per amendments added by Chapter 621 of the 2015 Acts
of Assembly.
Purpose: The purpose of the regulation is to provide a
legal framework for electronic billing, processing, and payment of medical
services and products provided to an injured worker subject to the Virginia
Workers' Compensation Act. The proposed regulation will expedite the
submission, processing, and payment of bills for medical services rendered to
injured workers pursuant to the Virginia Workers' Compensation Act utilizing
nationally recognized standards.
Substance: The new regulation contains provisions
addressing (i) formats for electronic medical bill processing; (ii) billing
code sets; (iii) electronic medical billing, reimbursement, and documentation;
(iv) employer, insurance carrier, managed care organization, or agents' receipt
of medical bills from health care providers; (v) communication between health
care providers and payers; and (vi) medical documentation necessary for billing
adjudication.
Issues: The regulation is designed to assist workers'
compensation payers and medical providers to promptly process payment of bills
for medical services in Virginia workers' compensation cases, which is an
advantage to the public and the Commonwealth. There are no known disadvantages
to the public or the Commonwealth. The regulation does not require any
reporting to or enforcement by the Virginia Workers' Compensation Commission or
any other governmental agency.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. Pursuant to
Chapter 621 of the 2015 Acts of the Assembly, the Virginia Workers'
Compensation Commission (Commission) proposes to adopt and implement an
infrastructure that requires most providers of workers' compensation medical
services to submit their billing, claims, case management, health records, and
all supporting documentation electronically. As required by Chapter 621, this
proposed regulation is consistent with the International Association of
Industrial Accident Boards and Commission (IAIABC) Medical Billing and Payment
guidelines. Consistent with IAIABC guidelines, health care providers will be
exempt from these proposed requirements if they have 10 or fewer full time
employees and treatment and services provided to injured workers billed under
workers' compensation constitutes less than 10% of their practice.
Result of Analysis. Benefits likely outweigh costs for these
proposed regulatory changes.
Estimated Economic Impact. Prior to this regulatory action, the
Commission did not have rules for health care providers to submit workers'
compensation bills and supporting documentation to insurers (payers)
electronically. Commission staff reports that the General Assembly passed
Chapter 621, which requires the Commission to "establish a schedule
pursuant to which employers, employers' workers' compensation insurance
carriers, and providers of workers' compensation medical services shall be
required to adopt and implement infrastructure" for submitting billing,
claims, case management, health records and all supporting documents
electronically. Chapter 621 and this proposed regulation require that
participating entities have this infrastructure in place no later than December
31, 2018. Commission staff reports that most bills and records are submitted in
paper form now and most payments to providers are made via paper checks. The
Commission now proposes a regulation that will:
1. Define terms and abbreviations.
2. Describe the electronic medical bill processing standards
that are to be used for billings, acknowledgements, remittances, ancillary
formats, and documentation transfers between providers and insurers.
3. Allow insurance carriers and health care providers to
exchange electronic data in a non-prescribed format by mutual agreement or to
use a direct data entry methodology so long as all of the required information
is still collected.
4. State that when the prescribed formats are updated, the
most recent standard would be required to be used by e-billing entities, once
the new standard becomes effective as published in the Code of Federal
Regulations.
5. List the billing code sets that are to be used in the
e-billing system.
6. Describe the components of a complete electronic medical
bill, including the correct format and a list of elements that must be
identified.
7. Provide for acknowledgement of certain types of
transactions including whether claims are complete or rejected, whether claims
contain error codes, and prohibit the submission of duplicate electronic
records.
8. Set timeframes for certain actions to occur.
9. Clarify that acceptance of complete and incomplete medical
bills does not either admit liability or satisfy written notice requirements,
but that it would begin the time period by which the payer must accept or deny
liability and that it does serve as proof of the received date.
10. Specify the types of information that must be furnished
electronically, including medical reports and records, bills, identification of
the employee and medical providers, dates of service, and other specified types
of data.
11. Require that electronic documentation be submitted by
secure fax, secure encrypted electronic email, or other secure electronic
format as defined by the Virginia Administrative Code.
12. Clarify how electronic remittance advice and electronic
funds transfers are to occur and establish timeframes for these processes.
13. Detail the requirements for paper medical bills for the
small health care providers who are exempt from e-billing requirements.
14. Provide for resubmissions in the event that the payer has
rejected the medical bill as incomplete.
15. Require the insurance providers to attempt to establish
connectivity through trading partner agreements.
16. Prohibit the imposition of excessive fees in order to
comply with the requirements of this section.
17. Allow health care provider agents to charge reasonable
fees related to data functions.
18. List the obligations of employers, insurance carriers,
managed care organizations, and agents when they receive medical bills from
health care providers, including the evaluation of the bills, the received date
of the bills, the payer's ability to contact the medical provider, the payer's
discretion to accept or reject bills, and the payer's ability to request
additional information.
19. State that payment of all uncontested portions of a
complete medical bill shall be made within a certain timeframe, and that
amounts paid after that time shall accrue interest at the judgement rate of
interest as established by Virginia Code § 6.2-302.
20. Describe how communication between health care providers
and payers is to occur.
21. Clarify that medical documentation is necessary for
billing adjudication and
22. Allow providers and payers the option to voluntarily
comply with this chapter beginning six months after the publication of the
final regulation in the Virginia Register of Regulations.
Affected health care providers and insurers will benefit from
this proposed regulation as it will allow them to exchange information and
resolve claims more quickly. Health care providers will additionally benefit
from being paid more quickly via electronic deposit rather than having to wait
for, and then physically deposit, paper checks. This action will likely
decrease the costs incurred on billing activities that may now include copying
costs to make paper copies of documents that providers are required to send
insurers, time spent preparing and mailing documents and following up to make
sure they were received, and time spent re-billing if payment decisions stretch
beyond one billing cycle. Workers who are receiving health care services may
also benefit if the exchange of electronic records allows their claims to be
paid more expeditiously. Health care providers may incur costs for purchasing
medical billing software that is capable of exchanging medical bill and records
data securely, or for contracting with a clearinghouse to process their medical
bill and records data for them. Commission staff did not have an estimate for
how much it would cost to either buy software or hire a clearinghouse service.
These businesses are unlikely to choose to incur these costs unless they
perceive the benefits of providing health care in workers' compensation cases,
and being able to be paid for those services more quickly via electronic funds
deposits, to be greater than any costs they incur to meet the requirements of
the proposed regulation.
Businesses and Entities Affected. This proposed regulation will
affect all workers' compensation insurers and their third party administrators,
self-insured employers and health care providers who provide covered services
to individuals who have been injured on the job. Injured workers whose health
care and other expenses may be paid for via workers' compensation claims will
also be affected. Sellers of medical billing software and clearinghouse
processing services may also benefit.
Localities Particularly Affected. No localities will be
particularly affected by this proposed change.
Projected Impact on Employment. Employment in the Commonwealth
is unlikely to be significantly affected by this proposed regulation.
Effects on the Use and Value of Private Property. This proposed
regulatory change is 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:
Costs and Other Effects. Small business medical practices may
incur costs for purchasing medical billing software that is capable of
exchanging medical bill and records data securely, or for contracting with a
clearinghouse to process their medical bill and records data for them. These
businesses are unlikely to incur these costs unless they perceive the benefits
of providing health care in workers' compensation cases, and being able to be
paid for those services more quickly via electronic funds deposits, to be
greater than any costs they incur to meet the requirements of the proposed
regulation.
Alternative Method that Minimizes Adverse Impact. There are
likely no methods that would both meet the legislative mandate in Chapter 621
and further reduce costs.
Adverse Impacts:
Businesses. Private medical practices may incur costs for
purchasing medical billing software that is capable of exchanging medical bill
and records data securely, or for contracting with a clearinghouse to process
their medical bill and records data for them. These businesses are unlikely to
incur these costs unless they perceive the benefits of providing health care in
workers' compensation cases, and being able to be paid for those services more
quickly via electronic funds deposits, to be greater than any costs they incur
to meet the requirements of the proposed regulation.
Localities. No locality is likely to suffer adverse impacts on
account of this proposed regulatory change.
Other Entities. No other entities are likely to suffer adverse
impacts on account of this proposed regulatory change.
Agency's Response to Economic Impact Analysis: The
Virginia Workers' Compensation Commission concurs with the economic impact
analysis of the Department of Planning and Budget.
Summary:
Pursuant to Chapter 621 of the 2015 Acts of Assembly, the
proposed regulation implements infrastructure under which (i) providers of
workers' compensation medical services (providers) submit billing, claims, case
management, health records, and all supporting documentation electronically to
employers or employers' workers' compensation insurance carriers (payers) and
(ii) payers return actual payment, claim status, and remittance information
electronically to providers that submit billing and required supporting
documentation electronically. The proposed regulation establishes standards and
methods for electronic submissions and transactions that are consistent with
the electronic medical billing and payment guidelines of the International
Association of Industrial Accident Boards and Commissions. The proposed
regulation does not require any reporting to or enforcement by the Virginia
Workers' Compensation Commission or any other governmental agency.
CHAPTER 16
ELECTRONIC MEDICAL BILLING
16VAC30-16-10. Effective date.
This chapter applies to all medical services and products
provided on or after December 31, 2018. For medical services and products
provided prior to December 31, 2018, medical billing and processing shall be in
accordance with the rules in effect at the time the medical service or product
was provided.
16VAC30-16-20. Definitions.
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Business day" means Monday through Friday,
excluding days on which a holiday is observed by the Commonwealth of Virginia.
"Clearinghouse" means a public or private
entity, including a billing service, repricing company, community health
management information system or community health information system, and
"value-added" networks and switches, that is an agent of either the
payer or the health care provider and that may perform the following functions:
1. Processes or facilitates the processing of medical
billing information received from a client in a nonstandard format or
containing nonstandard data content into standard data elements or a standard
transaction for further processing of a bill related transaction; or
2. Receives a standard transaction from another entity and
processes or facilitates the processing of medical billing information into
nonstandard format or nonstandard data content for a client entity.
"CMS" means the Centers for Medicare and
Medicaid Services of the U.S. Department of Health and Human Services, the
federal agency that administers these programs.
"Companion Guide" means the Virginia Workers'
Compensation Electronic Billing and Payment Companion Guides, based on
International Association of Industrial Accident Boards and Commissions
National Companion Guides, a separate document that gives detailed information
for electronic data interchange (EDI) medical billing and payment for the
workers' compensation industry using national standards and Virginia specific
procedures.
"Complete electronic medical bill" means a
medical bill that meets all of the criteria enumerated in 16VAC30-16-50 C.
"Electronic" means communication between
computerized data exchange systems that complies with the standards enumerated
in this chapter.
"Health care provider" means a person or entity,
appropriately certified or licensed, as required, who provides medical services
or products to an injured worker in accordance with § 65.2-603 of the Code
of Virginia.
"Health care provider agent" means a person or
entity that contracts with a health care provider establishing an agency
relationship to process bills for services provided by the health care provider
under the terms and conditions of a contract between the agent and health care
provider. Such contracts may permit the agent to submit bills, request
reconsideration, receive reimbursement, and seek medical dispute resolution for
the health care provider services billed in accordance with §§ 65.2-605
and 65.2-605.1 of the Code of Virginia.
"Payer" means the insurer or authorized
self-insured employer legally responsible for paying the workers' compensation
medical bills.
"Payer agent" means any person or entity that
performs medical bill related processes for the payer responsible for the bill.
These processes include reporting to government agencies; electronic
transmission, forwarding, or receipt of documents; review of reports; and
adjudication of bills and their final payment.
"Supporting documentation" means those documents
necessary for the payer to process a bill and includes any written
authorization received from the third party administrator or any other records
as required by the Virginia Workers' Compensation Commission.
"Technical Report Type 3 (TR3) Implementation
Guide" means an ASC X12 published document for national electronic
standard formats that specifies data requirements and data transaction sets, as
referenced in 16VAC30-16-30.
16VAC30-16-30. Formats for electronic medical bill
processing.
A. For electronic transactions, the following electronic
medical bill processing standards shall be used:
1. Billing.
a. Professional billing: The ASC X12 Standards for
Electronic Data Interchange Technical Report Type 3 and Errata, Health Care
Claim: Professional (837), June 2010, ASC X12, 005010X222A1.
b. Institutional or hospital billing: The ASC X12 Standards
for Electronic Data Interchange Technical Report Type 3 and Errata, Health Care
Claim: Institutional (837), June 2010, ASC X12, 005010X223A2.
c. Dental billing: The ASC X12 Standards for Electronic
Data Interchange Technical Report Type 3 and Errata to Health Care Claim: Dental
(837), June 2010, ASC X12, 005010X224A2.
d. Retail pharmacy billing: The Telecommunication Standard
Implementation Guide, Version D, Release 0 (Version D.0), August 2007, National
Council for Prescription Drug Programs (NCPDP) and the Batch Standard Batch
Implementation Guide, Version 1, Release 2 (Version 1.2), January 2006,
National Council for Prescription Drug Programs.
2. Acknowledgment.
a. Electronic responses to the ASC X12N 837 transactions.
(1) The ASC X12 Standards for Electronic Data Interchange
TA1 Interchange Acknowledgment contained in the standards adopted under
subdivision A 1 of this section;
(2) The ASC X12 Standards for Electronic Data Interchange
Technical Report Type 3, Implementation Acknowledgment for Health Care
Insurance (999), June 2007, ASC X12N/005010X231; and
(3) The ASC X12 Standards for Electronic Data Interchange
Technical Report Type 3, Health Care Claim Acknowledgment (277CA), January
2007, ASC X12N/005010X214.
b. Electronic responses to NCPDP transactions. The response
contained in the standards adopted under subdivision A 1 d of this section.
3. Electronic remittance advice: The ASC X12 Standards for
Electronic Data Interchange Technical Report Type 3 Errata to Health Care Claim
Payment/Advice (835), June 2010, ASC X12, 005010X221A1.
4. ASC X12 ancillary formats.
a. The ASC X12N/005010X213 Request for Additional
Information (277) is used to request additional attachments that were not
originally submitted with the electronic medical bill.
b. Health Claim Status Request and Response.
The use of the formats in this subdivision 4 is voluntary,
and Section 2.2.2 of the Companion Guide presents an explanation of how to use
them in workers' compensation.
5. Documentation submitted with an electronic medical bill
in accordance with 16VAC30-16-50 E (relating to medical documentation): ASC
X12N Additional Information to Support a Health Claim or Encounter (275),
February 2008, ASC X12, 005010X210.
B. Payers and health care providers may exchange
electronic data in a nonprescribed format by mutual agreement. All data
elements required in the Virginia-prescribed formats shall be present in any
mutually agreed upon format.
C. The implementation specifications for the ASC X12N and
the ASC X12 Standards for Electronic Data Interchange may be obtained from the
ASC X12, 7600 Leesburg Pike, Suite 430, Falls Church, VA 22043; telephone (703)
970–4480; and FAX (703) 970–4488. They are also available online at
http://store.x12.org/. A fee is charged for all implementation specifications.
D. The implementation specifications for the retail
pharmacy standards may be obtained from the National Council for Prescription
Drug Programs, 9240 East Raintree Drive, Scottsdale, AZ 85260; telephone (480)
477–1000; and FAX (480) 767–1042. They are also available online at
http://www.ncpdp.org. A fee is charged for all implementation specifications.
E. Nothing in this section will prohibit payers and health
care providers from using a direct data entry methodology for complying with
the requirements of this section, provided the methodology complies with the
data content requirements of the formats enumerated in subsection A of this
section and this chapter.
F. The most recent standard for the formats in subsection
A of this section shall be used, commencing on the effective date of the
applicable standard as published in the Code of Federal Regulations.
16VAC30-16-40. Billing code sets.
Billing codes and modifier systems identified in this
section are valid codes for the specified workers' compensation transactions,
in addition to any code sets defined by the standards in 16VAC30-16-30.
1. "CDT-4 Codes" are codes and nomenclature
prescribed by the American Dental Association.
2. "CPT-4 Codes" are the procedural terminology
and codes contained in the "Current Procedural Terminology, Fourth
Edition," as published by the American Medical Association.
3. "Diagnosis Related Group" or "DRG"
is the inpatient classification scheme used by CMS for hospital inpatient
reimbursement. The DRG system classifies patients based on principal diagnosis,
surgical procedure, age, presence of comorbidities and complications, and other
pertinent data.
4. "Healthcare Common Procedure Coding System" or
"HCPCS" is a coding system that describes products, supplies,
procedures, and health professional services and that includes the American
Medical Association's Physician "Current Procedural Terminology, Fourth
Edition," CPT-4 codes, alphanumeric codes, and related modifiers.
5. "ICD-10-CM/PCS Codes" are diagnosis and
procedure codes in the International Classification of Diseases, Tenth Edition,
Clinical Modification/Procedure Coding System maintained and published by the
U.S. Department of Health and Human Services.
6. "NDC" are National Drug Codes of the U.S. Food
and Drug Administration.
7. "Revenue Codes" is the four-digit coding
system developed and maintained by the National Uniform Billing Committee for
billing inpatient and outpatient hospital services, home health services, and
hospice services.
8. "National Uniform Billing Committee Codes" are
a code structure and instructions established for use by the National Uniform
Billing Committee, such as occurrence codes, condition codes, or prospective
payment indicator codes. As of (insert effective date of final regulation), these
are known as UB04 codes.
16VAC30-16-50. Electronic medical billing, reimbursement,
and documentation.
A. Applicability.
1. This section outlines the exclusive process for the
initial exchange of electronic medical bill and related payment processing data
for professional, institutional or hospital, pharmacy, and dental services.
2. Payers or their agents
shall:
a. Accept electronic medical bills submitted in accordance
with the adopted standards;
b. Transmit acknowledgments and remittance advice in
compliance with the adopted standards in response to electronically submitted
medical bills; and
c. Support methods to receive electronic documentation
required for the adjudication of a bill, as described in 16VAC30-16-80.
3. Unless exempted from this process in accordance with
subsection B of this section, a health care provider shall:
a. Implement a software system capable of exchanging
medical bill data in accordance with the adopted standards or contract with a
clearinghouse to exchange its medical bill data;
b. Submit medical bills as provided in 16VAC30-16-30 A 1 to
any payers that have established connectivity to the health care provider's
system or clearinghouse;
c. Submit required documentation in accordance with
subsection E of this section; and
d. Receive and process any acceptance or rejection
acknowledgment from the payer.
4. Payers shall be able to exchange electronic data by
December 31, 2018.
5. Health care providers or their agents shall be able to
exchange electronic data by December 31, 2018, unless exempted from the process
in accordance with subsection B of this section.
B. Exemptions. A health care provider is exempt from the requirement
to submit medical bills electronically to a payer if:
1. The health care provider employs 10 or fewer full-time
employees; and
2. Treatment or services provided to injured workers to be
billed under workers' compensation constitutes less than 10% of the health care
provider's practice.
C. Complete electronic medical bill. To be considered a
complete electronic medical bill, the bill or supporting transmissions shall:
1. Be submitted in the correct billing format;
2. Be transmitted in compliance with the format
requirements described in 16VAC30-16-30;
3. Include in legible text all supporting documentation for
the bill, including medical reports and records, evaluation reports, narrative
reports, assessment reports, progress reports, progress notes, clinical notes,
hospital records, and diagnostic test results that are expressly required by
law or can reasonably be expected by the payer or its agent under the laws of
Virginia;
4. Identify the following:
a. Injured employee;
b. Employer;
c. Insurance carrier, third-party administrator, managed
care organization, or payer agent;
d. Health care provider;
e. Medical service or product; and
f. Any other requirements as presented in the Companion
Guide; and
5. Use current and valid codes and values as defined in the
applicable formats referenced in this chapter and the Companion Guide.
D. Acknowledgment.
1. An Interchange Acknowledgment (ASC X12 TA1) notifies the
sender of the receipt of, and certain structural defects associated with, an
incoming transaction.
2. An Implementation Acknowledgment (ASC X12 999)
transaction is an electronic notification to the sender of the file that it has
been received and has been:
a. Accepted as a complete and structurally correct file; or
b. Rejected with a valid rejection error code.
3. A Health Care Claim Acknowledgment (ASC X12 277CA) is an
electronic acknowledgment to the sender of an electronic transaction that the
transaction has been received and has been:
a. Accepted as a complete, correct submission; or
b. Rejected with a valid rejection error code.
4. A payer shall acknowledge receipt of an electronic
medical bill by returning an Implementation Acknowledgment (ASC X12 999) within
one business day of receipt of the electronic submission.
a. Notification of a rejected bill is transmitted using the
appropriate acknowledgment when an electronic medical bill does not meet the
definition of a complete electronic medical bill as described in subsection C
of this section or does not meet the edits defined in the applicable
implementation guide.
b. A health care provider or its agent shall not submit a
duplicate electronic medical bill earlier than 60 calendar days from the date
originally submitted if a payer has acknowledged acceptance of the original
complete electronic medical bill. A health care provider or its agent may
submit a corrected medical bill electronically to the payer after receiving
notification of a rejection. The corrected medical bill is submitted as a new,
original bill.
5. A payer shall acknowledge receipt of an electronic medical
bill by returning a Health Care Claim Acknowledgment (ASC X12 277CA)
transaction (detail acknowledgment) within two business days of receipt of the
electronic submission.
a. Notification of a rejected bill is transmitted in an ASC
X12N 277CA response or acknowledgment when an electronic medical bill does not
meet the definition of a complete electronic medical bill or does not meet the
edits defined in the applicable implementation guide.
b. A health care provider or its agent shall not submit a
duplicate electronic medical bill earlier than 60 calendar days from the date
originally submitted if a payer has acknowledged acceptance of the original
complete electronic medical bill. A health care provider or its agent may
submit a corrected medical bill electronically to the payer after receiving
notification of a rejection. The corrected medical bill is submitted as a new,
original bill.
6. Acceptance of a complete medical bill is not an
admission of liability by the payer. A payer may subsequently reject an
accepted electronic medical bill if the employer or other responsible party
named on the medical bill is not legally liable for its payment.
a. The rejection is transmitted by means of a Health Care
Claim Payment/Advice ASC X12 835 transaction.
b. The subsequent rejection of a previously accepted
electronic medical bill shall occur no later than 45 calendar days from the
date of receipt of the complete electronic medical bill.
c. The transaction to reject the previously accepted
complete medical bill shall clearly indicate that the reason for rejection is
that the payer is not legally liable for its payment.
7. Acceptance of an incomplete medical bill does not
satisfy the written notice of injury requirement from an employee or payer as
required by §§ 65.2-600 and 65.2-900 of the Code of Virginia.
8. Acceptance of a complete or incomplete medical bill by a
payer does begin the time period by which a payer shall accept or deny
liability for any alleged claim related to such medical treatment pursuant to §
65.2-605.1 of the Code of Virginia.
9. Transmission of an Implementation Acknowledgment under
subdivision D 2 of this section and acceptance of a complete, structurally
correct file serves as proof of the received date for an electronic medical
bill in subsection C of this section.
E. Electronic
documentation.
1. Electronic documentation, including medical reports and
records submitted electronically that support an electronic medical bill, may
be required by the payer before payment may be remitted to the health care
provider in accordance with this chapter.
2. Complete electronic documentation shall be submitted by
secure fax, secure encrypted electronic mail, or in a secure electronic format
as described in 16VAC30-16-30.
3. The electronic transmittal, by secure fax, secure
encrypted electronic mail, or any other secure electronic format, shall
prominently contain the following details on its cover sheet or first page of
the transmittal:
a. The name of the injured employee;
b. Identification of the worker's employer, the employer's
insurance carrier, or the third-party administrator or its agent handling the
workers' compensation claim;
c. Identification of the health care provider billing for
services to the injured worker, and where applicable, its agent;
d. Dates of service;
e. The workers' compensation claim number assigned by the
payer if established by the payer; and
f. The unique attachment indicator number.
F. Electronic remittance advice and electronic funds
transfer.
1. An electronic remittance advice (ERA) is an explanation
of benefits (EOB) or explanation of review (EOR), submitted electronically,
regarding payment or denial of a medical bill, recoupment request, or receipt
of a refund.
2. The ERA shall contain the appropriate Claim Adjustment Group
Codes, Claim Adjustment Reason Codes, and associated Remittance Advice Remark
Codes as specified in the Code Value Usage in Health Care Claim Payments and
Subsequent Claims Technical Report Type 2 (TR2) Workers' Compensation Code
Usage Section and for pharmacy charges, the National Council for Prescription
Drugs Program (NCPDP) Reject/Payment Codes, denoting the reason for payment,
adjustment, or denial. Instructions for the use of the ERA and code sets are
found in section 7.5 of the Companion Guide.
3. The ERA shall be sent before five business days of:
a. The expected date of receipt by the health care provider
of payment from the payer, or
b. The date the bill was rejected by the payer.
4. All payments for services are required to be paid via
electronic funds transfer unless an alternate electronic method is agreed upon
by the payer and health care provider.
G. Requirements for health care providers exempted from
electronic billing. Health care providers exempted from electronic medical
billing pursuant to subsection B of this section shall submit paper medical
bills for payment in the following formats as applicable:
1. On the current standard forms used by CMS, which are
available online at https://www.cms.gov/Medicare/CMS-Forms/CMS-Forms/index.html.
2. On the current NCPDP Workers' Compensation/Property and
Casualty Universal Claim Form (WC/PC UCF), which are available online at http://www.ncpdp.org/Products/Universal-Claim-Forms.
3. On the current American Dental Association Claim Form,
which is available online at https://www.ada.org/en/publications/cdt/ada-dental-claim-form.
All information submitted on required paper billing forms
under this subsection shall be legible and accurately completed.
H. Resubmissions. A health care provider or its agent
shall not submit a duplicate paper medical bill earlier than 30 business days
from the date originally submitted unless the payer has rejected the medical
bill as incomplete in accordance with 16VAC30-16-60. A health care provider or
its agent may submit a corrected paper medical bill to the payer after
receiving notification of the rejection of an incomplete medical bill. The
corrected medical bill is submitted as a new, original bill.
I. Connectivity. Unless the payer or its agent is exempted
from the electronic medical billing process in accordance with subsection B of
this section, it should attempt to establish connectivity through a trading
partner agreement with any clearinghouse that requests the exchange of data in
accordance with 16VAC30-16-30.
J. Fees. No party to the electronic transactions shall
charge excessive fees of any other party in the transaction. A payer or
clearinghouse that requests another payer or clearinghouse to receive, process,
or transmit a standard transaction shall not charge fees or costs in excess of
the fees or costs for normal telecommunications that the requesting entity
incurs when it directly transmits or receives a standard transaction.
K. A health care provider agent may charge reasonable fees
related to data translation, data mapping, and similar data functions when the
health care provider is not capable of submitting a standard transaction. In
addition, a health care provider agent may charge a reasonable fee related to:
1. Transaction management of standard transactions, such as
editing, validation, transaction tracking, management reports, portal services,
and connectivity; and
2. Other value added services, such as electronic file
transfers related to medical documentation.
L. A payer or its agent shall not reject a standard
electronic transaction on the basis that it contains data elements not needed
or used by the payer or its agent or that the electronic transaction includes
data elements that exceed those required for a complete bill as enumerated in
subsection C of this section.
M. A health care provider that has not implemented a
software system capable of sending standard transactions is required to use a
secure online direct data entry system offered by a payer if the payer does not
charge a transaction fee. A health care provider using an online direct data
entry system offered by a payer or other entity shall use the appropriate data
content and data condition requirements of the standard transactions.
16VAC30-16-60. Employer, insurance carrier, managed care
organization, or agent's receipt of medical bills from health care providers.
A. Upon receipt of medical bills submitted in accordance
with 16VAC30-16-30, 16VAC30-16-40, and 16VAC30-16-50, a payer shall evaluate
each bill's conformance with the criteria of a complete electronic medical
bill.
1. A payer shall not reject medical bills that are
complete, unless the bill is a duplicate bill.
2. Within 21 calendar days of receipt of an incomplete
medical bill, a payer or its agent shall either:
a. Complete the bill by adding missing health care provider
identification or demographic information already known to the payer; or
b. Reject the incomplete bill, in accordance with this
subsection.
B. The received date of an electronic medical bill is the
date all of the contents of a complete electronic medical bill are successfully
received by the payer.
C. The payer may contact the health care provider to
obtain the information necessary to make the bill complete.
1. Any request by the payer or its agent for additional
documentation to pay a medical bill shall:
a. Be made by telephone or electronic transmission unless
the information cannot be sent by those media, in which case the sender shall
send the information by mail or personal delivery;
b. Be specific to the bill or the bill's related episode of
care;
c. Describe with specificity the clinical and other
information to be included in the response;
d. Be relevant and necessary for the resolution of the
bill;
e. Be for information that is contained in or is in the
process of being incorporated into the injured employee's medical or billing
record maintained by the health care provider; and
f. Indicate the specific reason for which the insurance
carrier is requesting the information.
2. If the payer or its agent obtains the missing
information and completes the bill to the point that it can be adjudicated for
payment, the payer shall document the name and telephone number of the person who
supplied the information.
3. Health care providers and payers, or their agents, shall
maintain documentation of any pertinent internal or external communications
that are necessary to make the medical bill complete.
D. A payer shall not reject or deny a medical bill except
as provided in subsection A of this section. When rejecting or denying an
electronic medical bill, the payer shall clearly identify the reasons for the
bill's rejection or denial by utilizing the appropriate codes in the standard
transactions found in 16VAC30-16-50 D 3 b.
E. The rejection of an incomplete medical bill in
accordance with this section fulfills the obligation of the payer to provide to
the health care provider or its agent information related to the incompleteness
of the bill.
F. Payers shall timely reject incomplete bills or request
additional information needed to reasonably determine the amount payable.
1. For bills submitted electronically, the rejection of the
entire bill or the rejection of specific service lines included in the initial
bill shall be sent to the submitter within two business days of receipt.
2. If bills are submitted in a batch transmission, only the
specific bills failing edits shall be rejected.
3. If there is a technical defect within the transmission
itself that prevents the bills from being accessed or processed, the
transmission will be rejected with an Interchange Acknowledgment (ASC X12 TA1)
transaction or an Implementation Acknowledgment (ASC X12 999) transaction, as
appropriate.
G. If a payer has reason to challenge the coverage or
amount of a specific line item on a bill but has no reasonable basis for
objections to the remainder of the bill, the uncontested portion shall be paid
timely, as described in subsection H of this section.
H. Payment of all uncontested portions of a complete
medical bill shall be made within 60 calendar days of receipt of the original
bill or receipt of additional information requested by the payer allowed under
the law. Amounts paid after this 60-calendar-day review period will
accrue interest at the judgment rate of interest as provided in § 6.2-302 of
the Code of Virginia. The interest payment shall be made at the same time.
I. A payer shall not reject or deny a medical bill except
as provided in subsection A of this section. When rejecting or denying a
medical bill, the payer shall also communicate to the health care provider the
reasons for the medical bill's rejection or denial.
16VAC30-16-70. Communication between health care providers
and payers.
A. Any communication between the health care provider and
the payer related to medical bill processing shall be of sufficient specific
detail to allow the responder to easily identify the information required to
resolve the issue or question related to the medical bill. Generic statements
that simply state a conclusion such as "payer improperly reduced the
bill" or "health care provider did not document" or other
similar phrases with no further description of the factual basis for the
sender's position do not satisfy the requirements of this section.
B. The payer's utilization of the Claim Adjustment Group
Codes, Claim Adjustment Reason Codes, or the Remittance Advice Remark Codes, or
as appropriate, the National Council for Prescription Drugs Program
Reject/Payment Codes, when communicating with the health care provider or its
agent or assignee, through the use of the Health Care Claim Payment/Advice ASC
X12 835 transaction, provides a standard mechanism to communicate issues
associated with the medical bill.
C. Communication between the health care provider and
payer related to medical bill processing shall be made by telephone or
electronic transmission unless the information cannot be sent by those media,
in which case the sender shall send the information by mail or personal
delivery.
16VAC30-16-80. Medical documentation necessary for billing
adjudication.
A. Medical documentation includes all medical reports and
records permitted or required in accordance with Rule 4.2 of the Rules of the
Virginia Workers' Compensation Commission, subdivision 2 of 16VAC30-50-50.
B. Any request by the payer for additional documentation
to process a medical bill shall conform to the requirements of 16VAC30-16-60 C.
C. It is the obligation of an insurer or employer to
furnish its agents with any documentation necessary for the resolution of a
medical bill.
D. Health care providers, health care facilities,
third-party biller, third-party assignees, and claims administrators and their
agents shall comply with all applicable federal and jurisdictional rules
related to privacy, confidentiality, and security.
DOCUMENTS INCORPORATED BY REFERENCE (16VAC30-16)
Electronic
Billing and Payment Companion Guide, Virginia Workers' Compensation Commission,
Release 1.0, 12/2018
VA.R. Doc. No. R16-4654; Filed May 21, 2018, 2:07 p.m.