Title of Regulation: 1VAC20-40. Voter Registration.

Agency Contact: Samantha Buckley, Policy and Planning Specialist II, Virginia Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8948, or email samantha.buckely@elections.virginia.gov.

FORMS (1VAC20-40)

Virginia Voter Registration Application Form, VA-NVRA-1 (rev. 4/2016)

Virginia Voter Registration Application Form, VA-NVRA-1 (rev. 7/2019)

National Voter Registration Application Form, Register to Vote in Your State by Using this Postcard Form and Guide (rev. 3/2006)

Voter Photo Identification Card Application (undated)

Title of Regulation: 1VAC20-90. Campaign Finance and Political Advertisements (adding 1VAC20-90-30).

Statutory Authority: § 24.2-103 of the Code of Virginia.

Public Hearing Information:

August 6, 2019 - 1 p.m. - Virginia State Capitol, Senate Room 3, Richmond, VA 23219

Public Comment Deadline: August 9, 2019.

Agency Contact: David Nichols, Director of Election Services, Department of Elections, 1100 Bank Street, Richmond, VA 23219, telephone (804) 864-8952, or email david.nichols@elections.virginia.gov.

Basis: The Department of Elections is promulgating this regulation on behalf of the State Board of Elections (the board) per § 24.2-103 of the Code of Virginia.

Purpose: Current campaign finance summaries define express advocacy as a direct or indirect contribution, in-kind contribution, independent expenditure, or loan made to a candidate or political committee for the purpose of influencing the outcome of an election; or an advertisement that refers to a party or candidate by name and states "Vote for…"; "Support…"; "Elect…"; "Smith for Congress"; "Send him home"; "Oppose..." etc. The board has repeatedly expressed concern that the definition currently included in campaign finance summaries does not provide sufficient clarity to citizens and entities of the Commonwealth wishing to sponsor political campaign advertisements.

The purpose of this regulation is to provide the State Board of Elections with authority to regulate campaign advertisements that unambiguously call for the election or defeat of a candidate; to further the public welfare and public interest in fair and fully informed elections by requiring sponsors of campaign advertisements to identify to the public who paid for or sponsored the advertisement; and in cases where another candidate is mentioned, to inform the public whether candidates mentioned in the advertisements did or did not approve the advertisement.

Substance: This regulatory action adds the definition of "express advocacy" to the Virginia Administrative Code. The proposed definition is taken from federal regulations governing campaign finance.

Issues: The primary advantage to the public, the Commonwealth, and the Department of Elections is that this amendment clarifies which political advertisements must be disclosed. This clarity also advantages sponsors of political advertisements by making them aware that, regardless of whether certain words are used, advertisements that expressly advocate must be disclosed. The advantage of the amendment to the public is that they will be able to see which candidate or sponsor paid for a political advertisement. The Department of Elections is not aware of any disadvantages of implementing the amendment.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Board of Elections (Board) proposes to adopt the federal definition of "express advocacy." The definition of express advocacy is important in determining if disclosure statements need to be made in advertisements.

Result of Analysis. Whether the benefits exceed the costs depend on the policy views of the observer. Detailed analysis of the benefits and costs can be found in the next section.

Estimated Economic Impact. Generally speaking, disclosure statements identify the person(s) or organization(s) that has paid for the advertisement. Code of Virginia § 24.2-955 states that disclosure requirements for political campaign advertisements apply to any sponsor of an advertisement in the print media or on radio or television the cost or value of which constitutes an expenditure or contribution.¹ "Expenditure" is defined in § 24.2-945.1 as:

"money and services of any amount, and any other thing of value, paid, loaned, provided, or in any other way disbursed by any candidate, campaign committee, political committee, or person for the purpose of expressly advocating the election or defeat of a clearly identified candidate or by any inaugural committee for the purpose of defraying the costs of the inauguration of a Governor, Lieutenant Governor, or Attorney General."

"Contribution" is defined in § 24.2-945.1 as:

"money and services of any amount, in-kind contributions, and any other thing of value, given, advanced, loaned, or in any other way provided to a candidate, campaign committee, political committee, or person for the purpose of expressly advocating the election or defeat of a clearly identified candidate or to an inaugural committee for the purpose of defraying the costs of the inauguration of a Governor, Lieutenant Governor, or Attorney General. "Contribution" includes money, services, or things of value in any way provided by a candidate to his own campaign and the payment by the candidate of a filing fee for any party nomination method."

Thus, the definition of express advocacy is important in determining if disclosure statements need to be made in political campaign advertisements.

The Board currently uses the following definition for "express advocacy":

"a direct or indirect contribution, in-kind contribution, independent expenditure or loan made to a candidate or political committee for the purpose of influencing the outcome of an election; an advertisement that refers to a party or candidate(s) by name and states "Vote for…"; "Support"; "Elect…"; "Smith for Congress"; "Send Him Home"; "Oppose", etc."

There has been concern that this definition has provided a loophole by effectively permitting the absence of disclosure statements for political advertising that is intended to affect the outcome of an election, but does not use the specific wording listed above. Consequently, the Board proposes to adopt the federal definition of "express advocacy," which is expected to close the loophole. This definition includes the specific wording above, and adds:

or any variations thereof or any communication when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates because (i) the electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and (ii) reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidates.

The proposed new definition does appear to close the loophole and would require that more advertising be accompanied with disclosure statements. For those who believe the more transparent political campaigns and their associated advertising are, the better, the Board's proposed new definition would produce a net benefit. For those who believe privacy should trump transparency, the proposed new definition of "express advocacy" would not be beneficial.

Businesses and Entities Affected. The proposed amendment affects persons and organizations that pay for political advertisements.

Localities Particularly Affected. The proposed amendment does not disproportionately affect particular localities.

Projected Impact on Employment. The proposed amendment is unlikely to affect employment.

Effects on the Use and Value of Private Property. The proposed amendment is unlikely to significantly affect the use and value of private property.

Real Estate Development Costs. The proposed amendment is unlikely to affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed amendment is unlikely to significantly affect costs for small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendment is unlikely to adversely affect small businesses.

Adverse Impacts:

Businesses. The proposed amendment is unlikely to adversely affect businesses.

Localities. The proposed amendment is unlikely to adversely affect localities.

Other Entities. The proposed amendments is unlikely to adversely affect other entities.

_________________________________

¹The Code section exempts "(i) an individual who makes independent expenditures aggregating less than $1,000 in an election cycle for or against a candidate for statewide office or less than $200 in an election cycle for or against a candidate for any other office or (ii) an individual who incurs expenses only with respect to a referendum."

Agency's Response to Economic Impact Analysis: The Virginia Department of Elections concurs with the economic impact analysis of the Department of Planning and Budget.

Summary:

The proposed amendment adopts a definition of "express advocacy."

1VAC20-90-30. Express advocacy.

When used in Chapter 9.3 (§ 24.2-945 et seq.) and Chapter 9.5 (§ 24.2-955 et seq.) of Title 24.2 of the Code of Virginia, "expressly advocating" or any variation thereof shall mean any communication that uses phrases such as "vote for," "elect," "support," "cast your ballot for," "Smith for Congress," "vote against," "defeat," "reject," or any variation thereof or any communication when taken as a whole and with limited reference to external events, such as the proximity to the election, that could only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates because (i) the electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning and (ii) reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidates.

Title of Regulation: 2VAC5-675. Regulations Governing Pesticide Fees Charged by the Department of Agriculture and Consumer Services (amending 2VAC5-675-20 through 2VAC5-675-50).

Statutory Authority: § 3.2-3906 of the Code Virginia.

Effective Date: July 11, 2019.

Agency Contact: Liza Fleeson Trossbach, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804) 371-2283, TTY (800) 828-1120, or email liza.fleeson@vdacs.virginia.gov.

Summary:

The amendments adjust the current fee structure for licensure, registration, and certification to reflect actual costs of program implementation and include a fee increase for commercial pesticide applicator certification, registered technician certification, pesticide business licensure, and pesticide product registration.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

Part II
Fees

2VAC5-675-20. Pesticide product registration fee; registration of new pesticide products; renewal of pesticide product registration.

A. Every pesticide product which is to be manufactured, distributed, sold, offered for sale, used, or offered for use within the Commonwealth shall be registered with the commissioner. The fee for registering each brand shall be $160 $225. If a brand has more than one grade, each grade shall be registered, not the brand at the registration fee then in effect. The registration for a new pesticide product shall be effective upon receipt by the Department of Agriculture and Consumer Services of the application form accompanied by the required registration fee.

B. All pesticide product registrations shall expire on December 31 of each year unless canceled or otherwise terminated for cause. A registration not canceled or otherwise terminated for cause will be renewed upon receipt of the annual registration fee as set forth in subsection A of this section accompanied by the application renewal form. A registration that has been canceled or otherwise terminated for cause prior to December 31 may be resubmitted as a new registration when the conditions resulting in the cancellation or termination have been resolved. The registration of each brand or grade shall be renewed with the commissioner prior to December 31 of each year. If the registration is not renewed prior to December 31 of each year, the commissioner shall assess a late fee of 20% that shall be added to the registration fee. The late fee shall apply to all renewal registrations submitted to the department any time during the 12-month period following the expiration of the registration. Registrants who permit a registration to lapse for more than one year shall thereafter register the product as a new product. The applicant shall pay the total fee prior to the issuance of the registration by the commissioner.

2VAC5-675-30. Commercial applicator certificate fee.

Any person applying for a certificate as a commercial applicator shall pay to the department an initial nonrefundable certificate fee of $70 $100 and a biennial nonrefundable renewal fee of $70 $100 thereafter. All certificates shall expire at midnight on June 30 in the second year after issuance unless suspended or revoked for cause. All certificates not suspended or revoked for cause will be renewed upon receipt of the biennial renewal fee. If the applicator does not file an application for renewal of his certificate prior to COB June 30, the commissioner shall assess a late filing fee of 20% that shall be added to the renewal fee. The applicant shall pay the total fee prior to the commissioner's issuance of the renewal. However, if the certificate is not renewed within 60 days following the expiration of the certificate, then such certificate holder shall be required to take another examination. The fee for this reexamination or for any commercial applicator reexamination pursuant to subsection C of § 3.2-3930 of the Code of Virginia shall be $70 $100 and shall be nonrefundable. Any person applying to add a category or subcategory to his certificate shall pay to the department a nonrefundable fee of $35. Federal, state, and local government employees certified to use, or supervise the use of, pesticides in government programs shall be exempt from any certification fees.

2VAC5-675-40. Registered technician certificate fee.

Any person applying for a certificate as a registered technician shall pay to the department an initial nonrefundable certificate fee of $30 $50 and a biennial nonrefundable renewal fee of $30 $50 thereafter. All certificates shall expire at midnight on June 30 in the second year after issuance unless suspended or revoked for cause. A certificate not suspended or revoked for cause will be renewed upon receipt of the biennial renewal fee. If the application for renewal of any certificate is not filed prior to COB June 30, a late filing fee of 20% shall be assessed and added to the renewal fee and shall be paid by the applicant before the renewal shall be issued. If the certificate is not renewed within 60 days following the expiration of the certificate, then such certificate holder shall be required to take another examination. The fee for this reexamination pursuant to subsection C of § 3.2-3930 of the Code of Virginia shall be $30 $50 and shall be nonrefundable. Federal, state, and local government employees certified to use pesticides in government programs shall be exempt from any certification fees.

2VAC5-675-50. Business license fee.

Any pesticide business that distributes, stores, sells, recommends for use, mixes, or applies pesticides shall pay a nonrefundable annual pesticide business licensing fee of $50 $150 for each location or outlet that [ he or ] it operates. All business licenses will expire at midnight on March 3l of each year unless suspended or revoked for cause. If a business license is not suspended or revoked for cause, it will be renewed upon payment of the annual fee. If any person operating as a pesticide business fails to apply for renewal of a pesticide business license by COB March 31 the applicant, as a condition of renewal, shall pay a late license fee of 20% of the licensing fee in addition to that fee. Merchants of limited quantities of nonrestricted use pesticides including grocery stores, convenience stores, drug stores, veterinarians, and other businesses [ who that ] sell pesticides primarily for limited household use shall be exempt from the business license requirement.

FORMS (2VAC5-675)

Application for New Pesticide Product Registration/Additional Information and Instructions, VDACS—07208 (rev. 7/12).

Application for Virginia Pesticide Business License to sell, distribute, store, apply, or recommend pesticides for use, VDACS—07209 (eff. 9/06).

Application for Reciprocal Pesticide Applicator Certificate/Commercial Pesticide Applicator Categories, VDACS—07210 (eff. 5/09).

Commercial Pesticide Applicator Certification Application/Eligibility Requirements for Commercial Applicator Certification, VDACS—07211 (rev. 7/12).

Pesticide Registered Technician Application/General Training Requirements for Registered Technicians, VDACS—07212 (eff. 1/09).

Commercial Pesticide Applicator Request for Authorization to Take Pesticide Applicator Examination/Commercial Pesticide Applicator Categories, VDACS—07218 (eff. 1/09).

Application for New Pesticide Product Registration/Additional Information and Instructions, VDACS-07208 (rev. 7/2017)

Application for Virginia Pesticide Business License to sell, distribute, store, apply, or recommend pesticides for use, VDACS-07209 (rev. 7/2017)

Application for Reciprocal Pesticide Applicator Certificate/Commercial Pesticide Applicator Categories, VDACS-07210 (rev. 7/2017)

Commercial Pesticide Applicator Certification Application/Eligibility Requirements for Commercial Applicator Certification, VDACS-07211 (rev. 7/2017)

[ Pesticide Registered Technician Application/General Training Requirements for Registered Technicians, VDACS-07212 (rev. 7/2017)

Pesticide Registered Technician Application/General Training Requirements for Registered Technicians, VDACS-07212-A (rev. 7/2018)

Pesticide Registered Technician Request for Authorization to Take Pesticide Applicator Examination, VDACS-07212-B (eff. 7/2018) ]

Commercial Pesticide Applicator Request for Authorization to Take Pesticide Applicator Examination/Commercial Pesticide Applicator Categories, VDACS-07218 (rev. 7/2017)

Title of Regulation: 3VAC5-50. Retail Operations (amending 3VAC5-50-160).

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: August 11, 2019.

Agency Contact: LaTonya D. Hucks-Watkins, Legal Liaison, Virginia Alcoholic Beverage Control Authority, 2901 Hermitage Road, Richmond, VA 23220, telephone (804) 213-4698, FAX (804) 213-4574, or email latonya.hucks-watkins@abc.virginia.gov.

Basis: The Board of Directors of the Virginia Alcoholic Beverage Control Authority (ABC) is granted the authority to promulgate regulations under § 4.1-101 of the Code of Virginia, and § 4.1-111 of the Code of Virginia provides the board with the authority to adopt reasonable regulations that "...shall prescribe the terms for any 'happy hour' conducted by on-premises licensees. Such regulations shall permit on-premises licensees to advertise any alcoholic beverage products featured during a happy hour but prohibit the advertising of any pricing related to such happy hour."

Purpose: Virginia ABC has undertaken this action as a measure to allow its licensees to engage in responsible advertising for happy hour events. These changes will provide the public with a regulation that is condensed and easily accessible and understandable by eliminating some redundancies and clarifying the rules relating to happy hour advertising, all of which lends itself to the ongoing protection of the health, safety, and welfare of citizens. Virginia ABC does not anticipate any potential issues that would have to be addressed as this regulation is developed. Virginia ABC hopes that the change will afford licensees more discretion in the language that they choose to use in their advertising while still maintaining compliance with the Code of Virginia.

Substance: The substantive changes to the existing regulation include adding a new subsection B to 3VAC5-50-160 that permits happy hour advertising so long as the advertisement does not induce minors or interdicted individuals to consume alcohol or encourage people to consume in excess. The section is relabeled to accommodate the addition of the regulation permitting happy hour advertising, and a cross reference to the definition of "advertising" in 3VAC5-20-10 is included. Subdivisions B 2, B 5, and B 6 are deleted because those provisions are addressed in other regulations.

Subsection E is added and includes a provision that the regulation is subject to and shall be adhered to in a manner consistent with all other regulations of the authority.

Issues: The primary advantage to the public is that licensees will have more discretion in advertising happy hour events, provided they do so responsibly and according to the provisions of the Code of Virginia. The primary advantage to the agency is that the regulation maintains compliance the Code of Virginia and removes some redundancies. There are no disadvantages to the public or Commonwealth associated with this regulatory change.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Virginia Alcoholic Beverage Control Board of Directors (Board) proposes to repeal prescriptive restrictions on happy hour advertising.

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

Estimated Economic Impact. Section 4.1-111(B)(15) of the Code of Virginia authorizes the Board to permit on-premises licensees to advertise any alcoholic beverage products featured during a happy hour. The statute, however, prohibits the advertising of any pricing related to such happy hour.¹

Under the current regulation, licensees are prohibited to advertise happy hour anywhere other than within the interior of the licensed premises unless they only use the terms "Happy Hour" or "Drink Specials" in outside advertisements and only provide a list of the alcoholic beverage products featured during a happy hour as well as the time period within which alcoholic beverages are being sold at reduced prices.

The Board proposes to repeal this permissive but prescriptive language allowing happy hour advertising only in certain ways, which would effectively afford licensees more discretion in how they advertise their happy hour event. However, the Board also proposes to add new language stating that a licensee may advertise its happy hour so long as the advertising does not tend to induce minors or other interdicted individuals to drink or encourage persons to consume to excess; and that the new language is subject to and shall be adhered to in a manner consistent with all other regulations of the authority. As a result, licensees would be allowed to advertise as they wish so long as they do not induce minors, encourage excess consumption, and do comply with the other regulations of the Board. These changes would benefit the licensees in terms of the flexibility they would provide for happy hour advertising, but also establish performance criteria on what the advertisement shall not do.

The remaining changes repeal language duplicative of other regulations, which are not expected to create any economic impact.

Businesses and Entities Affected. There are 7,579 on-premises alcoholic beverage licensees. Most of the licensees are likely small businesses such as restaurants, bars, grocery stores, wineries, etc. According to the Virginia Alcoholic Beverage Control Authority, there were three advertising-related violations in the last three calendar years.

Localities Particularly Affected. The proposed changes would not disproportionately affect particular localities.

Projected Impact on Employment. The proposed changes are unlikely to affect employment.

Effects on the Use and Value of Private Property. The proposed changes are unlikely to significantly affect the use and value of private property.

Real Estate Development Costs. The proposed changes would not affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The proposed changes would not have costs on small businesses licensees, but allow more flexibility in how they advertise their happy hour events.

Alternative Method that Minimizes Adverse Impact. The proposed changes would not impose adverse impacts on small businesses.

Adverse Impacts:

Businesses. The proposed changes would not impose adverse impacts on non-small business licenses.

Localities. The proposed changes would not adversely affect localities.

Other Entities. The proposed changes would not adversely affect other entities.

______________________________

¹According to the Alcoholic Beverage Control Authority, an advertisement that does not state the dollar price is allowed. For example, an advertisement stating "one-half of regular menu price during happy hour" is not prohibited.

Agency's Response to Economic Impact Analysis: The Virginia Alcoholic Beverage Control Authority concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

The proposed amendments (i) permit advertising of happy hour so long as the advertisement does not tend to induce minors or other individuals who cannot legally drink to drink or encourage persons to drink in excess, (ii) remove superfluous provisions that appear in other authority regulations, and (iii) add a reminder that the regulation is subject to and shall be adhered to in a manner consistent with all other authority regulations.

3VAC5-50-160. Happy hour and related promotions; definitions; exceptions.

A. Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:

1. "Happy hour" means a specified period of time during which alcoholic beverages are sold at prices reduced from the customary price established by a retail licensee.

2. "Drink" means any beverage containing the amount of alcoholic beverages customarily served to a patron as a single serving by a retail licensee.

B. A licensee may advertise its happy hour so long as the advertising does not tend to induce minors or other interdicted individuals to drink or encourage persons to consume to excess.

C. No retail licensee shall engage in any of the following practices:

1. Conducting a happy hour between 9 p.m. of each day and 2 a.m. of the following day;

2. Allowing a person to possess more than two drinks at any one time during a happy hour, with the exception of flights of wine and beer consisting of samples of not more than five different wines or beers or samples of five different distilled spirits products provided each distilled spirits sample contains no more than one-half ounce of distilled spirits;

3. 2. Increasing the volume of alcoholic beverages contained in a drink without increasing proportionately the customary or established retail price charged for such drink;

4. 3. Selling two or more drinks for one price, such as "two for one" or "three for one";

5. Selling pitchers of mixed beverages except in accordance with 3VAC5-50-60;

6. Giving away drinks;

7. 4. Selling an unlimited number of drinks for one price, such as "all you can drink for $5.00"; 8. Advertising happy hour anywhere other than within the interior of the licensed premises, except that a licensee may use the term "Happy Hour" or "Drink Specials," a list of the alcoholic beverage products featured during a happy hour as well as the time period within which alcoholic beverages are being sold at reduced prices in any otherwise lawful advertisement; or

9. 5. Establishing a customary retail price for any drink at a markup over cost significantly less than that applied to other beverages of similar type, quality, or volume.

C. D. This regulation section shall not apply to prearranged private parties, functions, or events, not open to the public, where the guests thereof are served in a room or rooms designated and used exclusively for private parties, functions, or events.

E. This section is subject to and shall be adhered to in a manner consistent with all other regulations of the authority.

Title of Regulation: 4VAC20-252. Pertaining to the Taking of Striped Bass (amending 4VAC20-252-20, 4VAC20-252-80, 4VAC20-252-100; repealing 4VAC20-252-60, 4VAC20-252-70).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: May 28, 2019.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23651, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

The amendments eliminate the Bay, Coastal, and Potomac River tributaries spring trophy-size striped bass recreational fisheries.

4VAC20-252-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Chesapeake area" means the area that includes the Chesapeake Bay and its tributaries and the Potomac River tributaries.

"Chesapeake Bay and its tributaries" means all tidal waters of the Chesapeake Bay and its tributaries within Virginia, westward of the shoreward boundary of the Territorial Sea, excluding the coastal area and the Potomac River tributaries as defined by this section.

"Coastal area" means the area that includes Virginia's portion of the Territorial Sea, plus all of the creeks, bays, inlets, and tributaries on the seaside of Accomack County, Northampton County (including areas east of the causeway from Fisherman Island to the mainland), and the City of Virginia Beach (including federal areas and state parks, fronting on the Atlantic Ocean and east and south of the point where the shoreward boundary of the Territorial Sea joins the mainland at Cape Henry).

"Commercial fishing" or "fishing commercially" or "commercial fishery" means fishing by any person where the catch is for sale, barter, trade, or any commercial purpose, or is intended for sale, barter, trade, or any commercial purpose.

"Commission" means the Marine Resources Commission.

"Great Wicomico-Tangier Striped Bass Management Area" means the area that includes the Great Wicomico River and those Virginia waters bounded by a line beginning at Dameron Marsh at NAD 83 North Latitude 37-46.9535, West Longitude 76-17.1294; thence extending to the southernmost point of Tangier Island, and thence north to a point on the Virginia-Maryland state boundary at NAD 83 North Latitude 37-57.0407, West Longitude 75-58.5043, thence westerly along the Virginia-Maryland state boundary to Smith Point.

"Potomac River tributaries" means all the tributaries of the Potomac River that are within Virginia's jurisdiction beginning with, and including, Flag Pond thence upstream to the District of Columbia boundary.

"Recreational fishing" or "fishing recreationally" or "recreational fishery" means fishing by any person, whether licensed or exempted from licensing, where the catch is not for sale, barter, trade, or any commercial purpose, or is not intended for sale, barter, trade, or any commercial purpose.

"Recreational vessel" means any vessel, kayak, charter vessel, or headboat participating in the recreational striped bass fishery.

"Share" means a percentage of the striped bass commercial harvest quota.

"Snout" means the most forward projection from a fish's head that includes the upper and lower jaw.

"Spawning reaches" means sections within the spawning rivers as follows:

1. James River from a line connecting Dancing Point and New Sunken Meadow Creek upstream to a line connecting City Point and Packs Point.

2. Pamunkey River from the Route 33 Bridge at West Point upstream to a line connecting Liberty Hall and the opposite shore.

3. Mattaponi River from the Route 33 Bridge at West Point upstream to the Route 360 bridge at Aylett.

4. Rappahannock River from the Route 360 Bridge at Tappahannock upstream to the Route 1 Falmouth Bridge.

"Spear" or "spearing" means to fish while the person is fully submerged under the water's surface with a mechanically aided device designed to accelerate a barbed spear.

"Striped bass" means any fish of the species Morone saxatilis, including any hybrid of the species Morone saxatilis.

"Total length" means the length of a fish measured from the most forward projection of the snout, with the mouth closed, to the tip of the longer lobe of the tail (caudal) fin, measured with the tail compressed along the midline, using a straight-line measure, not measured over the curve of the body.

"Trophy-size striped bass" means any striped bass that is 36 inches or greater in total length.

4VAC20-252-60. Bay and Coastal spring trophy-size striped bass recreational fisheries. (Repealed.)

A. The open season for the Bay spring trophy-size striped bass recreational fishery shall be May 1 through June 15, inclusive.

B. The area open for the Bay spring trophy-size striped bass recreational fishery shall be the Chesapeake Bay and its tributaries, except the spawning reaches of the James, Pamunkey, Mattaponi, and Rappahannock Rivers.

C. The open season for the Coastal spring trophy-size striped bass recreational fishery shall be May 1 through May 15, inclusive.

D. The area open for the Coastal spring trophy-size striped bass recreational fishery is the coastal area as described in 4VAC20-252-20.

E. The minimum size limit for the fisheries described in this section shall be 36 inches total length.

F. The possession limit for the fisheries described in this section shall be one fish per person.

G. It shall be unlawful for any person participating in any Bay spring trophy-size striped bass recreational fishery or Coastal spring trophy-size striped bass recreational fishery to possess or land any trophy-size striped bass from a recreational vessel unless the captain or operator of that recreational vessel has obtained a Spring Recreational Striped Bass Trophy Permit. The captain or operator shall be responsible for reporting for all anglers on the recreational vessel and shall provide his Marine Resources Commission identification (MRC ID) number, the date of harvest, the number of individuals on board, the mode of fishing, the water body where the trophy-size striped bass was caught, and the number of trophy-size striped bass kept or released.

H. It shall be unlawful for any person participating in any Bay spring trophy-size striped bass recreational fishery or Coastal spring trophy-size striped bass recreational fishery to possess or land any trophy-size striped bass harvested recreationally from shore, a pier, or any other man-made structure without first having obtained a Spring Recreational Striped Bass Trophy Permit from the Marine Resources Commission. Any such permittee shall provide his MRC ID number, the date of harvest, the mode of fishing, the water body where the trophy-size striped bass was caught, and the number of trophy-size striped bass kept or released.

I. It shall be unlawful for any spring recreational striped bass trophy permittee or any charter boat striped bass permittee to fail to report trips where striped bass are caught, whether harvested, released, or possessed, as described in this section, on forms provided by the commission within seven days after the trip occurred. It shall be unlawful for any permittee to fail to report trips where striped bass are targeted but not successfully caught by the 21st day after any close of the Bay spring trophy-size striped bass recreational fishery or Coastal spring trophy-size striped bass recreational fishery.

1. Any permittee who did not participate in any Bay spring trophy-size striped bass recreational fishery or Coastal spring trophy-size striped bass recreational fishery shall notify the commission of his lack of participation by the 21st day after the close of any Bay spring trophy-size striped bass recreational fishery or Coastal spring trophy-size striped bass recreational fishery on forms provided by the commission or through the Virginia Saltwater Fisherman's Journal.

2. Following the 21st day after the close of any Bay spring trophy-size striped bass or Coastal spring trophy-size striped bass recreational season, any permittee who failed to report, whether there was harvest or no activity during that season, shall be ineligible to receive a Spring Recreational Striped Bass Trophy Permit for the following trophy-size striped bass season but shall be eligible to reapply for that permit in subsequent years.

4VAC20-252-70. Potomac River tributaries spring trophy-size striped bass recreational fishery. (Repealed.)

A. The open season for the Potomac River tributaries spring striped bass recreational fishery shall correspond to the open season as established by the Potomac River Fisheries Commission for the mainstem Potomac River spring fishery.

B. The area open for this fishery shall be those tributaries of the Potomac River that are within Virginia's jurisdiction beginning with, and including, Flag Pond thence upstream to the Route 301 bridge.

C. The minimum size limit for this fishery shall correspond to the minimum size limit as established by the Potomac River Fisheries Commission for the mainstem Potomac River spring trophy-size fishery.

D. The possession limit for this fishery shall be one fish per person.

E. It shall be unlawful for any person participating in any Potomac River tributaries spring trophy-size striped bass recreational fishery to possess or land any trophy-size striped bass from a recreational vessel unless the captain or operator of that recreational vessel has obtained a Spring Recreational Striped Bass Trophy Permit. The captain or operator shall be responsible for reporting for all anglers on the recreational vessel and shall provide his Marine Resources Commission identification (MRC ID) number, the date of harvest, the number of individuals on board, the mode of fishing, the water body where the trophy-size striped bass was caught, and the number of trophy-size striped bass kept or released.

F. It shall be unlawful for any person participating in any Potomac River tributaries spring trophy-size striped bass recreational fisheries to possess or land any trophy-size striped bass harvested recreationally from shore, a pier, or any other man-made structure without first having obtained a Spring Recreational Striped Bass Trophy Permit from the Marine Resources Commission. Any such permittee shall provide his MRC ID number, the date of harvest, the mode of fishing, the water body where the trophy-size striped bass was caught, and the number of trophy-size striped bass kept or released.

G. It shall be unlawful for any spring recreational striped bass trophy permittee or any charter boat striped bass permittee to fail to report trips where striped bass are caught, whether harvested, released, or possessed, as described in this section, on forms provided by the commission within seven days after the trip occurred. It shall be unlawful for any permittee to fail to report trips where striped bass are targeted but not successfully caught by the 21st day after the close of any Potomac River tributaries spring trophy-size striped bass recreational fishery.

1. Any permittee who did not participate in any Potomac River tributaries spring trophy-size striped bass recreational fishery shall notify the commission of his lack of participation by the 21st day after the close of any Potomac River tributaries spring trophy-size striped bass recreational fishery on forms provided by the commission or through the Virginia Saltwater Fisherman's Journal.

2. Following the 21st day after the close of any Potomac River tributaries recreational spring trophy-size striped bass season, any permittee who failed to report, whether there was harvest or no activity during that season, shall be ineligible to receive a Spring Recreational Striped Bass Trophy Permit for the following trophy-size striped bass season but shall be eligible to reapply for that permit in subsequent years.

4VAC20-252-80. Bay Spring/Summer Striped Bass Recreational Fishery spring/summer striped bass recreational fishery.

A. The open season for the Bay Spring/Summer Striped Bass Recreational Fishery spring/summer striped bass recreational fishery shall be May 16 through June 15 inclusive.

B. The area open for this fishery shall be the Chesapeake Bay and its tributaries.

C. The minimum size limit for this fishery shall be 20 inches total length, and the maximum size limit for this fishery shall be 28 inches total length, except as provided in subsection E of this section.

D. The possession limit for this fishery shall be two fish per person.

E. The possession limit described in subsection D of this section may consist of one trophy-size striped bass 36 inches or greater in total length, which is subject to the provisions of subsections A, B, E, F, G, H, I, and J of 4VAC20-252-60.

4VAC20-252-100. Potomac River tributaries summer/fall striped bass recreational fishery.

A. The open season for the Potomac River tributaries summer/fall striped bass fishery shall correspond to the open summer/fall season as established by the Potomac River Fisheries Commission for the mainstem Potomac River, except as provided in subsection D of this section.

B. The area open for this fishery shall be the Potomac River tributaries.

C. The minimum size limit for this fishery shall be 20 inches total length.

D. The maximum size limit for this fishery shall be 28 inches total length; however, the maximum size limit shall only apply to one fish of the possession limit from May 16 through June 15.

E. The possession limit for this fishery shall be two fish per person.

Title of Regulation: 4VAC20-1340. Fast-Track Permitting Program for Disposal of Dredged Material (adding 4VAC20-1340-10 through 4VAC20-1340-40).

Statutory Authority: § 28.2-103 of the Code of Virginia.

Effective Date: June 1, 2019.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Fort Monroe, VA 23651, telephone (757) 247-2248, or email jennifer.farmer@mrc.virginia.gov.

Summary:

Pursuant to Chapter 449 of the 2018 Acts of Assembly, this chapter establishes a fast-track permitting program for dredging and the selection and use of appropriate sites for disposal of dredge material on state-owned submerged lands for projects in Tidewater Virginia. The new chapter includes requirements for the permit application, qualifications for authorization of projects, and implementation of the fast-track permitting program.

CHAPTER 1340
FAST-TRACK PERMITTING PROGRAM FOR DISPOSAL OF DREDGED MATERIAL

4VAC20-1340-10. Purpose.

The purpose of this chapter is to establish the necessary application requirements and review procedures for fast-track permitting of dredging and dredged material disposal sites involving state-owned submerged lands. Fast-track permitting shall be available only to local governments in Tidewater Virginia, as "Tidewater Virginia" is defined in § 28.2-100 of the Code of Virginia.

4VAC20-1340-20. Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Coastal resilience" means the ability of natural and built coastal environments to withstand and recover from hazardous events such as extreme weather, storm surge, and recurrent flooding.

"Joint Permit Application" means the current standard application utilized by the U.S. Army Corps of Engineers, Virginia Marine Resources Commission, Virginia Department of Environmental Quality, and local wetlands boards to evaluate projects involving submerged lands, wetlands, and coastal primary sand dunes and beaches for permit review.

"Living shoreline" means the same as defined in § 28.2-104.1 of the Code of Virginia, that is, a shoreline management practice that provides erosion control and water quality benefits; protects, restores, or enhances shoreline habitat; and maintains coastal processes through the strategic placement of plants, stone, sand fill, and other structural and organic material.

"Local government" means counties, cities, towns, and political subdivisions of the Commonwealth.

"Sand" or "beach sand" means material that is SM (silty sands), SP (poorly graded sand), or SW (well graded sand), using the Unified Soil Classification System, with a minimum median grain size of around 0.25 mm with no more than 20% passing through a #100 sieve (0.149mm) and no more than 10% passing through a #200 sieve (0.074mm).

"Sand dunes and beaches" means the jurisdictional areas defined as "coastal primary sand dunes" and "beaches" in § 28.2-1400 of the Code of Virginia.

"Submerged aquatic vegetation bed" or "SAV bed" means those areas of submerged aquatic vegetation identified and annually mapped by Virginia Institute of Marine Science (VIMS) during at least one of the previous five years. "Submerged aquatic vegetation" means any of a diverse assemblage of underwater plants found in the shoal areas of the Chesapeake Bay and Virginia's coastal bays and river tributaries, that are primarily eelgrass (Zostera marina), widgeon grass (Ruppia maritima), or may include Eurasian watermilfoil (Myriophyllum spicatum), redhead grass (Potamogeton perfoliatus), wild celery (Vallisneria americana), common elodea (Elodea canadensis), water stargrass (Heteranthera dubia), coontail (Ceratophyllum demersum), water-weed (Egeria densa), muskgrass (Najas minor), pondweeds (Potamogeton sp.), Hydrilla (Hydrilla verticillata), and naiads (Najas sp.).

"VMRC" means the Virginia Marine Resources Commission.

"Wetlands" means the jurisdictional areas defined as "vegetated wetlands" and "nonvegetated wetlands" in § 28.2-1300 of the Code of Virginia.

4VAC20-1340-30. Applicability and procedures.

A. Fast-track consideration of Joint Permit Applications for dredging projects and associated dredge material disposal sites involving state-owned submerged lands shall be provided to local governments in Tidewater Virginia when shoreline or open water placement of dredge material is preferable for habitat creation or development of living shoreline features or to enhance coastal resilience.

B. When placement of dredge material does not involve use of state-owned submerged lands, upland disposal sites must be identified in the Joint Permit Application.

C. To qualify for fast-track review, the applicant must submit to VMRC a request for fast-track review, a complete Joint Permit Application, the additional information identified in subsection D of this section, and any supplemental information deemed necessary by VMRC or the applicable wetlands board.

D. The application shall include a dredging plan, a dredged material placement plan, and the following additional information:

1. Geotechnical analysis of the material in the proposed channel to be dredged, unless the dredged material is sand with the same properties as the sand at the placement location and the placement location is adjacent to the dredge site;

2. Chemical analysis of the material to be dredged when VMRC determines chemical analysis is necessary due to the presence of known chemical contaminates;

3. Analysis of the benthic, marine, and fishery resources in the placement site;

4. Current recreational and commercial fishing activity in the proposed dredge and placement areas;

5. Any impact on historical artifacts in the proposed dredge and placement areas;

6. Any impact on other uses of the state waters and bottomlands at the dredge and placement sites; and

7. Anticipated environmental impact of the dredge material proposed for placement on (i) wetlands, dunes or beaches, submerged lands, and (ii) nearby benthic, marine, and fishery resources, including an assessment of any coastal resilience or beneficial ecological services provided by such placement.

E. VMRC, in consultation with the Department of Environmental Quality, the Virginia Department of Health, the Department of Historic Resources, the Virginia Institute of Marine Science, and any other interested state agency, shall coordinate a review process to ensure the orderly evaluation of a Joint Permit Application that qualifies for fast-track review. The review process shall be completed by all agencies that have been asked to comment within 45 days of VMRC notifying the agency of the Joint Permit Application.

F. Any property owner adjacent to or within 200 feet of the disposal site shall be identified in the Joint Permit Application, and VMRC shall notify such property owners of the proposed project and provide an opportunity for comment.

G. VMRC shall issue a public notice for any dredge or dredge material placement project requiring public notice under 4VAC20-120-10.

H. A wetlands or sand dunes and beaches permit will not be required for any use authorized under subdivision 3 of § 28.2-1302 or subdivision 3 of § 28.2-1403 of the Code of Virginia.

I. When a wetlands or sand dunes and beaches permit is required, VMRC will not make a decision on the Joint Permit Application until receiving proof that a wetlands or sand dunes and beaches permit has been issued by the appropriate authority pursuant to § 28.2-1302 or 28.2-1403 of the Code of Virginia. After receiving such proof, or after receipt of a complete application if no wetlands or sand dunes and beaches permit is required, VMRC shall make a decision on the Joint Permit Application no more than 90 days thereafter to the extent practicable.

J. If an objection to a Joint Permit Application is filed with VMRC, VMRC shall allow 90 days from completion of the application to attempt to resolve the objection. If resolution cannot be achieved, VMRC shall consider the Joint Permit Application at a public hearing no later than 30 days after the time for resolution has ended or as soon as practicable.

4VAC20-1340-40. Fast-track limitations.

A. Fast-track permitting shall not apply under the following conditions:

1. Placement of dredged material on SAV beds or where the dredged material will flow onto SAV beds.

2. Placement of dredged material on any oyster planting ground lease without written consent by the lessee.

3. Placement of dredged material, excluding sand, within 1,500 feet of an oyster planting ground lease without written consent by the lessee.

4. Placement of dredged material on sanctuary oyster reefs; natural oyster beds, rocks, or shoals; or where the dredged material will flow onto sanctuary oyster reefs or natural oyster beds, rocks, or shoals.

B. When dredged material is to be placed on shorelines not owned by the local government or political subdivision conducting the dredging, the local government or political subdivision must have a suitable property interest or written permission from the landowner to place dredging material on that property for any single dredging event and subsequent maintenance dredging.

FORMS (4VAC20-1340)

Standard Joint Permit Application (rev. 9/2018)

Titles of Regulations: 4VAC25-31. Reclamation Regulations for Mineral Mining (amending 4VAC25-31-120, 4VAC25-31-130, 4VAC25-31-170, 4VAC25-31-240, 4VAC25-31-360, 4VAC25-31-405 through 4VAC25-31-450).

4VAC25-40. Safety and Health Regulations for Mineral Mining (amending 4VAC25-40-670).

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia (4VAC25-31-120, 4VAC25-31-130, 4VAC25-31-170, 4VAC25-31-240, 4VAC25-31-360, 4VAC25-31-405, 4VAC25-31-410, 4VAC25-31-420, 4VAC25-31-430, 4VAC25-31-440, 4VAC25-31-450).

§§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia (4VAC25-40-670).

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 10, 2019.

Effective Date: July 25, 2019.

Agency Contact: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TTY (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.

Basis: The regulatory authority for the Department of Mines, Minerals and Energy (DMME) for this action is located in §§ 45.1-161.3, 45.1-161.292:19, and 45.1-180.3 of the Code of Virginia.

Purpose: This regulatory change is necessary to clarify and codify longstanding agency policy. This change will result in clearer, more precise requirements that will enhance worker and public safety, as well as environmental protection.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is noncontroversial because it merely makes minor changes and clarifies and codifies longstanding agency policy.

Substance: Substantive changes to existing sections in this regulatory action include specifying requirements for operation and reclamation plans, clarification of permit application notification requirements, clarification of top soil requirements for reclamation, clarification of temporary cessation conditions, and the addition of a standard for fire extinguishers on mineral mine sites. Other changes clarify existing agency policy.

Issues: The public, DMME, and the regulated community will all benefit from regulatory requirements that codify and clarify longstanding agency policy. These changes will result in enhanced environmental protection and public and worker health and safety. There are no known disadvantages to the public or the Commonwealth.

Small Business Impact Review Report of Findings: This fast-track regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to a periodic review,¹ the Department of Mines, Minerals and Energy (DMME) proposes to 1) require mine operators to cover on-site generated mine waste used as a fill by an "adequate" cover instead of requiring coverage by four inches of top soil, 2) require operators to send a copy of the permit notification to DMME at the time they are mailed to those who must be noticed, and 3) make changes to clarify numerous other requirements or delete redundant language.

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

Estimated Economic Impact. One of the proposed substantive changes is requiring mine operators to cover mine waste used as a fill by "adequate" cover as opposed to requiring four inches of top soil cover in every case for reclamation purposes. According to DMME, using mine waste as fill is a site-specific exercise that should not be regulated in a one-size-fits-all fashion. This change would provide greater flexibility to the mine operators in terms of choosing the type and the amount of cover. The proposed change is essentially replacing a prescriptive criterion by a performance criterion. Generally, performance criteria lead to better allocation of scarce resources with proper enforcement. While some operators may incur greater cost to provide "adequate" cover than the cost of four inches of top soil cover and in other cases may incur less, this change should help prevent unnecessary use of cover material overall. Under the proposed change, only the just right type and amount of cover would be required while maintaining "adequate" cover. DMME notes however, any savings or costs from this change would be minor, but is unable to quantify the likely magnitude as it depends on the site, the materials, frequency of the work, etc.

Another proposed change would require operators to send a copy of a permit notification to DMME at the time they are mailed to those who must be noticed. According to DMME, this will serve as a heads up to the agency that it will soon receive a permit application and may increase efficiency. The cost of this change would be sending an additional copy of an already existing notice to DMME, which should be very small.

The remaining changes include numerous clarifications of long-standing agency practices and removal of fees set by statute from this regulation. These changes are not expected to create any significant economic impact beyond improving the clarity of the requirements and language.

Businesses and Entities Affected. According to DMME, there are approximately 440 permitted mineral mine sites operated by 278 entities across the Commonwealth. Approximately 90% of these operators would qualify as small business.

Localities Particularly Affected. The proposed amendments would affect all localities in the Commonwealth that have mineral mines. According to DMME, 91% of Virginia's counties have mineral mines governed by these regulations.

Projected Impact on Employment. The proposed amendments may increase or decrease demand for labor at different sites by a small margin depending on whether adequate coverage can be achieved by more or less coverage than the currently required four inches of top soil.

Effects on the Use and Value of Private Property. The proposed amendments could have a positive or negative impact on the asset values of the affected operators by a small margin depending on whether their site-specific compliance costs increase or decrease.

Real Estate Development Costs. The proposed amendments should not significantly affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The costs and other impact on mine operators that are small businesses are the same as discussed above.

Alternative Method that Minimizes Adverse Impact. There is no known alternative that would minimize the likely small adverse impact in some cases while accomplishing the same goals.

Adverse Impacts:

Businesses. The likely small adverse impact for some mine operators will depend on the specific site conditions as discussed above.

Localities. The proposed amendments would not adversely affect localities.

Other Entities. The proposed amendments would not adversely affect other entities.

______________________________

¹http://townhall.virginia.gov/l/ViewPReview.cfm?PRid=1678

Agency's Response to Economic Impact Analysis: The Department of Mines, Minerals and Energy concurs with the economic impact analysis conducted by the Department of Planning and Budget.

Summary:

The amendments update reclamation requirements for mineral mining to clarify and codify longstanding agency policy. Additionally, one minor technical amendment is being made to the mineral mining safety and health regulations to correct an omission.

4VAC25-31-120. Permit fee and bond.

A. The following permit fees shall be submitted upon receipt of a billing notice from the director and before the permit is issued:

1. A fee of $31 per acre for the total permitted acres shall be submitted for the initial permit application.

2. A fee of $16 per acre for the land permitted by the total operation shall be paid to transfer the permit when one operator succeeds another on an uncompleted operation. Permit fees for the initial permit application and permit renewal shall be submitted upon receipt of a billing notice from the director and before the permit is issued or renewed. Fees shall be paid in accordance with § 45.1-181 of the Code of Virginia.

B. Permit fees for the transfer of a mine permit shall be submitted upon receipt of a billing notice from the director and before the transferred permit is issued. Fees shall be paid in accordance with § 45.1-184.2 of the Code of Virginia.

C. All fees shall be in the form of cash, check, money order, or other form of payment acceptable to the director.

C. D. A bond is required as set forth in Part III of this regulation. Bonding shall be provided once the permit application is deemed complete.

4VAC25-31-130. Mineral mining plans.

Mineral mining plans shall be attached to the application and consist of the following:

1. The operation plan shall include a description of the proposed method of mining and processing; the location of top soil storage areas; overburden, refuse, and waste disposal areas; stockpiles, equipment storage, and maintenance areas; cut and fill slopes; and roadways. The operation plan shall address plans for the storage and disposal of scrap metal, scrap tires, used lubricants, coolants, and other equipment service products, batteries, process chemicals, trash, debris, and other hazardous materials. The operation plan shall also include all related design and construction data. The method of operation shall provide for the conducting of reclamation simultaneously where practicable with the mining operation. For the impoundments that meet the criteria of § 45.1-225.1 A of the Code of Virginia, plans shall be provided as required under 4VAC-25-31-180 and 4VAC25-31-500.

2. The drainage plan shall consist of a description of the drainage system to be constructed before, during, and after mining,; a map or overlay showing the natural drainage system,; and all sediment and drainage control structures to be installed along with all related design and construction data.

3. The reclamation plan shall include a statement of the planned land use to which the disturbed land will be returned through reclamation, the proposed actions to assure suitable reclamation, and a time schedule for reclamation. The method of grading,; removal of metal, lumber, and debris, including processing equipment,; buildings,; and other equipment relative to the mining operation and revegetation of the disturbed area shall be specified. Reclamation plans for underground mines shall include plans for closing or securing all entrances to underground workings.

4. Adequate maps, plans and cross sections, and construction specifications shall be submitted to demonstrate compliance with the performance standards of Part IV (4VAC25-31-330 et seq.) of this chapter and Chapter 16 (§ 45.1-180 et seq.) of Title 45.1 of the Code of Virginia. Designs, unless otherwise specified, shall be prepared by a qualified person, using accepted engineering design standards and specifications.

5. A copy of the Virginia Department of Transportation land use permit for roads that connect to public roads.

6. If mining below the water table is to take place, the following conditions apply:

a. The application shall contain an assessment of the potential for impact on the overall hydrologic balance from the proposed operations to be conducted within the permitted area for review and approval.

b. A plan for the minimization of adverse effects on water quality or quantity shall be prepared based on the assessment in subdivision 6 a of this section and included in the application.

c. Permanent lakes or ponds created by mining shall be equal to or greater than four feet deep or otherwise constructed in a manner acceptable to the director.

4VAC25-31-170. Permit application notifications.

A. The applicant shall notify the following shall be made with parties of a new permit application via certified mail:

1. Notification to property Property owners within 1,000 feet of the permit boundary by certified mail. A record shall be kept of:

a. The names and addresses of those notified, and

b. The certified mail return receipts used for the notification.

2. A statement as required by § 45.1-184.1 of the Code of Virginia to property owners that requires land owners within 1,000 feet of the permit boundary to be notified that the operator is seeking a surface mining and reclamation permit from the Department of Mines, Minerals and Energy. The statement shall also include:

a. Company name;

b. Date;

c. Location;

d. Distance and direction of nearest town or other easily identified landmark;

e. City or county;

f. Tax map identification number; and

g. Requirements for (i) regrading; (ii) revegetation; and (iii) erosion controls of mineral mine sites.

h. A notice that informs property owners that they have 10 days from receipt of the permit notification to specify written objections or request a hearing. This request shall be in writing and shall be sent to the Department of Mines, Minerals and Energy, Division of Mineral Mining. The Chief Administrative Official of the local political subdivision where the prospective mining operation would take place.

3. All public utilities on or within 500 feet of permit boundary.

B. Applicants will provide a copy of the permit notification to the division at the time they are mailed to the neighboring landowners. All notifications shall contain:

1. The name of the permit applicant issuing notice and the date of notification;

2. The permit applicant's address, phone number, and other contact information as available;

3. The name and address of the property owner, chief administrative official, or utility receiving the notification;

4. A statement as required by § 45.1-184.1 of the Code of Virginia to property owners that requires land owners within 1,000 feet of the permit boundary to be notified that the operator is seeking a mining and reclamation permit from the Department of Mines, Minerals and Energy. The statement shall also note that the mining permit must address department requirements for regrading, revegetation, and erosion controls of mineral mine sites;

5. The location of the proposed mine, the city or county in which it is located, the distance of the nearest town or other easily identified landmark, and the tax map identification number of the parcels to be permitted; and

6. A notice that informs property owners within 1,000 feet of the permit boundary that they have 10 days from receipt of the permit notification to specify written objections or request a hearing. This request shall be in writing and shall be sent to the division. The current address for the division shall be provided on the notification.

C. A statement, with certified mail receipt, certifying that the chief administrative official of the local political subdivision has been notified.

D. Notification shall be made to any public utilities on or within 500 feet of the permitted area. The notification shall consist of the following:

1. The name of the party issuing the notice;

2. The applicant name, address, and phone number; and

3. The name and address of the party receiving the notice and the information noted in subdivision A 2 of this section.

E. C. No permit will be issued until at least 15 days after receipt of the application by the division. If all persons required to receive notice have issued a statement of no objection, the permit may be issued in less than 15 days.

F. D. Copies of all permit notifications and statements required in subsections A through D of this section shall be supplied submitted to the division with the application at the time they are mailed to the parties identified in subsection A of this section.

E. Documentation of certified mail receipts of the notifications described in this section shall be included with the permit application.

4VAC25-31-240. Bond amount.

A. The amount of bond shall be $1,000 per acre of disturbed land Bond shall be set in accordance with § 45.1-183 of the Code of Virginia.

B. The minimum bond for a mineral mining permit shall be $1,000 $3,000, except for restricted permits and Minerals Reclamation Fund participants.

4VAC25-31-360. Operation and reclamation.

A. Mining operations shall be conducted to minimize adverse effects on the environment and facilitate integration of reclamation with mining operations according to the special requirements of individual mineral types and the approved operation, drainage, and reclamation plans. Mining shall be conducted to minimize the acreage that is disturbed, and reclamation shall be conducted simultaneously with mining to the extent feasible.

B. Open pit mining of unconsolidated material shall be performed in such a way that extraction and reclamation are conducted simultaneously.

C. Mining activities shall be conducted so that the impact on water quality and quantity are minimized. Mining below the water table shall be done in accordance with the mining plan under 4VAC25-31-130.

D. Permanent lakes or ponds created by mining shall be equal to or greater than four feet deep, or otherwise constructed in a manner acceptable to the director.

E. Excavation shall be done in such a manner as to keep storm drainage flowing toward sediment control structures. Diversions shall be used to minimize storm run-off runoff over disturbed areas.

F. The mining operation shall be planned to enhance the appearance to the public during mining and to achieve simultaneous and final reclamation.

G. At the completion of mining, all entrances to underground mines shall be closed or secured and the surface area reclaimed in accordance with the mineral mining plan.

H. Reclamation shall be completed to allow the post-mining land use to be implemented. After reclamation, the post mining land use shall be achievable and compatible with surrounding land use. All necessary permits and approvals for the post-mining land use shall be obtained prior to implementation.

4VAC25-31-405. Disposal of waste.

On-site generated mine waste shall not be disposed of within the permitted mine area without prior approval. On-site generated inert materials are mine waste is approved for use as fill on the mining site provided they are capped with a minimum of four feet of soil an adequate cover and seeding is established per the approved reclamation plan. Off-site generated inert waste shall not be brought onto the mine permitted area or disposed of on the mine permitted area without prior approval.

4VAC25-31-410. Storage of top soil.

A. Top soil required for reclamation shall be stored with a maximum slope of 2:1 and in such a manner as to remain available for reclamation. The operator shall retain a minimum quantity sufficient to cover all disturbed areas to be reclaimed with six inches of top soil or as specified in an approved operations plan. Top soil will be needed for future reclamation and shall not be removed from the permitted area unless authorized by the division.

B. The stockpiled top soil shall be seeded with quick growing grasses or legumes for stabilization until used in final reclamation.

C. The provisions of this section shall not apply to sand and gravel operations in the Coastal Plain physiographic province.

4VAC25-31-420. Screening.

A. Screening shall be provided for sound absorption and to improve the appearance of the mining site from public roads, public buildings, recreation areas, and occupied dwellings.

B. If screening is to be undisturbed forest, a distance of 100 feet must be left undisturbed within the permit boundary. Less than 100 feet may be approved if the natural vegetation provides the needed screening benefits between the mining operation and the adjacent property. Planted earth berms, tree plantings, natural topography, or appropriately designed fences or walls may be used if approved in the mineral mining plan.

C. On permanent berms for screening, the spoils (waste materials) shall be initially placed on the proposed berm area, and top soil (where available) shall be spread over the spoil areas berm, not less than six inches in thickness, and if possible, 12 inches in thickness. The remaining top soil shall be placed in a designated area for future spreading on other areas which that need top dressing. The top soil screening berm shall be seeded or planted in accordance with the approved reclamation plan.

4VAC25-31-430. Completion of active mining.

A. Except as provided in subsection B of this section and with the director's approval, a mining operation, where no mineral has been removed or overburden removed or regraded, or where no substantial mine-related activity has been conducted for a period of 12 consecutive months, shall be declared complete, and total reclamation shall begin.

B. At the option of the operator and with the director's concurrence approval, an operation may remain under permit for an indefinite period during which no mineral or overburden is removed if the following conditions are met to the director's satisfaction:

1. All disturbed areas are reclaimed to prevent erosion and sedimentation or adequately stabilized, or all erosion and sediment control systems are maintained in accordance with mining plans and proper engineering practices.

2. All drainage structures such as culverts and ditches are constructed and maintained in accordance with mining plans and proper engineering practices.

3. All vegetation is maintained, including reseeding if necessary.

4. All improvements on site, including machinery and equipment, are maintained in a state of good repair and condition.

If the above conditions listed in this subsection are not met, the permit may be revoked by the director in accordance with § 45.1-186.1 of the Code of Virginia.

4VAC25-31-440. Drainage and sediment control.

All mining operations shall have adequate drainage, erosion, and sediment control measures installed and maintained in accordance with the approved drainage plan or as acceptable to the division. Drainage from disturbed areas shall be directed into a sediment control structure before it is discharged from the permitted area. If adequate drainage, erosion, and sediment control measures cannot be provided, the permit for the affected portion or the entire mine may be denied.

4VAC25-31-450. Sediment basins.

Drainage from disturbed areas shall be directed into a sediment basin before it is discharged from the permit area. Sediment basins shall be located as close to the disturbed area as possible. Sediment basins shall not be located in perennial streams. Sediment control measures shall be installed prior to land disturbing activities within the drainage area controlled by the sediment basin. Each primary sediment basin shall provide at least 0.125 acre feet of storage capacity for each acre of disturbed land draining to it. Storage basins shall be cleaned as necessary to ensure proper functioning before they reach 60% capacity. Alternate sediment control measures that are as effective as sediment basins may be approved. The measures may include reduced basin storage capacity for small short-term disturbances, sediment channels, check dams, or mining methods that incorporate sediment control.

4VAC25-40-670. Fire extinguishers.

A. Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment.

B. Whenever a fire or its effects would not impede escape from the equipment but could affect the escape of other persons in the area, a fire extinguisher shall be on the equipment or within 100 feet of the equipment.

C. All fire extinguishers required by this chapter shall meet the current standards established by the National Fire Prevention Association.

DOCUMENTS INCORPORATED BY REFERENCE (4VAC25-40)

1996 Threshold Limit Values and Biological Exposure Indices published by the American Conference of Governmental Industrial Hygienists

American Table of Distances, 1991 edition, published by the Institute of Makers of Explosives

National Electrical Code, 2008 edition, published by the National Fire Protection Association

National Fire Protection Association 10: Standard for Portable Fire Extinguishers, 2013 edition

Bureau of Mines Instruction Guide 19, Mine Emergency Training, U.S. Department of Labor, 1972 edition

Blasting Guidance Manual, U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement, 1987 edition

The American National Standard for Wire Rope for Miners, M11.11980, published by the American National Standards Institute

Title of Regulation: 4VAC25-35. Certification Requirements for Mineral Miners.

Contact Information: Larry Corkey, Energy and Regulatory Manager, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219, telephone (804) 692-3239, or email larry.corkey@dmme.virginia.gov.

FORMS (4VAC25-35)

Application for Certification Examination, DMM-BMME-1 (rev. 8/12).

Application for Renewal-Mineral Mining, DMM-BMME-3 (rev. 8/12).

Verification of Work Experience Form-Mineral Mining, DMM-BMME-2 (rev. 8/12).

Application for Certification Examination, DMM-BMME-1 (rev. 3/2017)

Application for Renewal, DMM-BMME-3 (rev. 3/2017)

Verification of Work Experience Form, DMM-BMME-2 (rev. 3/2017)

Titles of Regulations: 4VAC25-31. Reclamation Regulations for Mineral Mining (amending 4VAC25-31-120, 4VAC25-31-130, 4VAC25-31-170, 4VAC25-31-240, 4VAC25-31-360, 4VAC25-31-405 through 4VAC25-31-450).

4VAC25-40. Safety and Health Regulations for Mineral Mining (amending 4VAC25-40-670).

Statutory Authority: §§ 45.1-161.3 and 45.1-180.3 of the Code of Virginia (4VAC25-31-120, 4VAC25-31-130, 4VAC25-31-170, 4VAC25-31-240, 4VAC25-31-360, 4VAC25-31-405, 4VAC25-31-410, 4VAC25-31-420, 4VAC25-31-430, 4VAC25-31-440, 4VAC25-31-450).

§§ 45.1-161.3, 45.1-161.294, and 45.1-161.305 of the Code of Virginia (4VAC25-40-670).

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: July 10, 2019.

Effective Date: July 25, 2019.

Agency Contact: Michael Skiffington, Regulatory Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237, TTY (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.

Basis: The regulatory authority for the Department of Mines, Minerals and Energy (DMME) for this action is located in §§ 45.1-161.3, 45.1-161.292:19, and 45.1-180.3 of the Code of Virginia.

Purpose: This regulatory change is necessary to clarify and codify longstanding agency policy. This change will result in clearer, more precise requirements that will enhance worker and public safety, as well as environmental protection.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is noncontroversial because it merely makes minor changes and clarifies and codifies longstanding agency policy.

Substance: Substantive changes to existing sections in this regulatory action include specifying requirements for operation and reclamation plans, clarification of permit application notification requirements, clarification of top soil requirements for reclamation, clarification of temporary cessation conditions, and the addition of a standard for fire extinguishers on mineral mine sites. Other changes clarify existing agency policy.

Issues: The public, DMME, and the regulated community will all benefit from regulatory requirements that codify and clarify longstanding agency policy. These changes will result in enhanced environmental protection and public and worker health and safety. There are no known disadvantages to the public or the Commonwealth.

Small Business Impact Review Report of Findings: This fast-track regulatory action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to a periodic review,¹ the Department of Mines, Minerals and Energy (DMME) proposes to 1) require mine operators to cover on-site generated mine waste used as a fill by an "adequate" cover instead of requiring coverage by four inches of top soil, 2) require operators to send a copy of the permit notification to DMME at the time they are mailed to those who must be noticed, and 3) make changes to clarify numerous other requirements or delete redundant language.

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

Estimated Economic Impact. One of the proposed substantive changes is requiring mine operators to cover mine waste used as a fill by "adequate" cover as opposed to requiring four inches of top soil cover in every case for reclamation purposes. According to DMME, using mine waste as fill is a site-specific exercise that should not be regulated in a one-size-fits-all fashion. This change would provide greater flexibility to the mine operators in terms of choosing the type and the amount of cover. The proposed change is essentially replacing a prescriptive criterion by a performance criterion. Generally, performance criteria lead to better allocation of scarce resources with proper enforcement. While some operators may incur greater cost to provide "adequate" cover than the cost of four inches of top soil cover and in other cases may incur less, this change should help prevent unnecessary use of cover material overall. Under the proposed change, only the just right type and amount of cover would be required while maintaining "adequate" cover. DMME notes however, any savings or costs from this change would be minor, but is unable to quantify the likely magnitude as it depends on the site, the materials, frequency of the work, etc.

Another proposed change would require operators to send a copy of a permit notification to DMME at the time they are mailed to those who must be noticed. According to DMME, this will serve as a heads up to the agency that it will soon receive a permit application and may increase efficiency. The cost of this change would be sending an additional copy of an already existing notice to DMME, which should be very small.

The remaining changes include numerous clarifications of long-standing agency practices and removal of fees set by statute from this regulation. These changes are not expected to create any significant economic impact beyond improving the clarity of the requirements and language.

Businesses and Entities Affected. According to DMME, there are approximately 440 permitted mineral mine sites operated by 278 entities across the Commonwealth. Approximately 90% of these operators would qualify as small business.

Localities Particularly Affected. The proposed amendments would affect all localities in the Commonwealth that have mineral mines. According to DMME, 91% of Virginia's counties have mineral mines governed by these regulations.

Projected Impact on Employment. The proposed amendments may increase or decrease demand for labor at different sites by a small margin depending on whether adequate coverage can be achieved by more or less coverage than the currently required four inches of top soil.

Effects on the Use and Value of Private Property. The proposed amendments could have a positive or negative impact on the asset values of the affected operators by a small margin depending on whether their site-specific compliance costs increase or decrease.

Real Estate Development Costs. The proposed amendments should not significantly affect real estate development costs.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. The costs and other impact on mine operators that are small businesses are the same as discussed above.

Alternative Method that Minimizes Adverse Impact. There is no known alternative that would minimize the likely small adverse impact in some cases while accomplishing the same goals.

Adverse Impacts:

Businesses. The likely small adverse impact for some mine operators will depend on the specific site conditions as discussed above.

Localities. The proposed amendments would not adversely affect localities.

Other Entities. The proposed amendments would not adversely affect other entities.

______________________________

¹http://townhall.virginia.gov/l/ViewPReview.cfm?PRid=1678

Agency's Response to Economic Impact Analysis: The Department of Mines, Minerals and Energy concurs with the economic impact analysis conducted by the Department of Planning and Budget.

Summary:

The amendments update reclamation requirements for mineral mining to clarify and codify longstanding agency policy. Additionally, one minor technical amendment is being made to the mineral mining safety and health regulations to correct an omission.

4VAC25-31-120. Permit fee and bond.

A. The following permit fees shall be submitted upon receipt of a billing notice from the director and before the permit is issued:

1. A fee of $31 per acre for the total permitted acres shall be submitted for the initial permit application.

2. A fee of $16 per acre for the land permitted by the total operation shall be paid to transfer the permit when one operator succeeds another on an uncompleted operation. Permit fees for the initial permit application and permit renewal shall be submitted upon receipt of a billing notice from the director and before the permit is issued or renewed. Fees shall be paid in accordance with § 45.1-181 of the Code of Virginia.

B. Permit fees for the transfer of a mine permit shall be submitted upon receipt of a billing notice from the director and before the transferred permit is issued. Fees shall be paid in accordance with § 45.1-184.2 of the Code of Virginia.

C. All fees shall be in the form of cash, check, money order, or other form of payment acceptable to the director.

C. D. A bond is required as set forth in Part III of this regulation. Bonding shall be provided once the permit application is deemed complete.

4VAC25-31-130. Mineral mining plans.

Mineral mining plans shall be attached to the application and consist of the following:

1. The operation plan shall include a description of the proposed method of mining and processing; the location of top soil storage areas; overburden, refuse, and waste disposal areas; stockpiles, equipment storage, and maintenance areas; cut and fill slopes; and roadways. The operation plan shall address plans for the storage and disposal of scrap metal, scrap tires, used lubricants, coolants, and other equipment service products, batteries, process chemicals, trash, debris, and other hazardous materials. The operation plan shall also include all related design and construction data. The method of operation shall provide for the conducting of reclamation simultaneously where practicable with the mining operation. For the impoundments that meet the criteria of § 45.1-225.1 A of the Code of Virginia, plans shall be provided as required under 4VAC-25-31-180 and 4VAC25-31-500.

2. The drainage plan shall consist of a description of the drainage system to be constructed before, during, and after mining,; a map or overlay showing the natural drainage system,; and all sediment and drainage control structures to be installed along with all related design and construction data.

3. The reclamation plan shall include a statement of the planned land use to which the disturbed land will be returned through reclamation, the proposed actions to assure suitable reclamation, and a time schedule for reclamation. The method of grading,; removal of metal, lumber, and debris, including processing equipment,; buildings,; and other equipment relative to the mining operation and revegetation of the disturbed area shall be specified. Reclamation plans for underground mines shall include plans for closing or securing all entrances to underground workings.

4. Adequate maps, plans and cross sections, and construction specifications shall be submitted to demonstrate compliance with the performance standards of Part IV (4VAC25-31-330 et seq.) of this chapter and Chapter 16 (§ 45.1-180 et seq.) of Title 45.1 of the Code of Virginia. Designs, unless otherwise specified, shall be prepared by a qualified person, using accepted engineering design standards and specifications.

5. A copy of the Virginia Department of Transportation land use permit for roads that connect to public roads.

6. If mining below the water table is to take place, the following conditions apply:

a. The application shall contain an assessment of the potential for impact on the overall hydrologic balance from the proposed operations to be conducted within the permitted area for review and approval.

b. A plan for the minimization of adverse effects on water quality or quantity shall be prepared based on the assessment in subdivision 6 a of this section and included in the application.

c. Permanent lakes or ponds created by mining shall be equal to or greater than four feet deep or otherwise constructed in a manner acceptable to the director.

4VAC25-31-170. Permit application notifications.

A. The applicant shall notify the following shall be made with parties of a new permit application via certified mail:

1. Notification to property Property owners within 1,000 feet of the permit boundary by certified mail. A record shall be kept of:

a. The names and addresses of those notified, and

b. The certified mail return receipts used for the notification.

2. A statement as required by § 45.1-184.1 of the Code of Virginia to property owners that requires land owners within 1,000 feet of the permit boundary to be notified that the operator is seeking a surface mining and reclamation permit from the Department of Mines, Minerals and Energy. The statement shall also include:

a. Company name;

b. Date;

c. Location;

d. Distance and direction of nearest town or other easily identified landmark;

e. City or county;

f. Tax map identification number; and

g. Requirements for (i) regrading; (ii) revegetation; and (iii) erosion controls of mineral mine sites.

h. A notice that informs property owners that they have 10 days from receipt of the permit notification to specify written objections or request a hearing. This request shall be in writing and shall be sent to the Department of Mines, Minerals and Energy, Division of Mineral Mining. The Chief Administrative Official of the local political subdivision where the prospective mining operation would take place.

3. All public utilities on or within 500 feet of permit boundary.

B. Applicants will provide a copy of the permit notification to the division at the time they are mailed to the neighboring landowners. All notifications shall contain:

1. The name of the permit applicant issuing notice and the date of notification;

2. The permit applicant's address, phone number, and other contact information as available;

3. The name and address of the property owner, chief administrative official, or utility receiving the notification;

4. A statement as required by § 45.1-184.1 of the Code of Virginia to property owners that requires land owners within 1,000 feet of the permit boundary to be notified that the operator is seeking a mining and reclamation permit from the Department of Mines, Minerals and Energy. The statement shall also note that the mining permit must address department requirements for regrading, revegetation, and erosion controls of mineral mine sites;

5. The location of the proposed mine, the city or county in which it is located, the distance of the nearest town or other easily identified landmark, and the tax map identification number of the parcels to be permitted; and

6. A notice that informs property owners within 1,000 feet of the permit boundary that they have 10 days from receipt of the permit notification to specify written objections or request a hearing. This request shall be in writing and shall be sent to the division. The current address for the division shall be provided on the notification.

C. A statement, with certified mail receipt, certifying that the chief administrative official of the local political subdivision has been notified.

D. Notification shall be made to any public utilities on or within 500 feet of the permitted area. The notification shall consist of the following:

1. The name of the party issuing the notice;

2. The applicant name, address, and phone number; and

3. The name and address of the party receiving the notice and the information noted in subdivision A 2 of this section.

E. C. No permit will be issued until at least 15 days after receipt of the application by the division. If all persons required to receive notice have issued a statement of no objection, the permit may be issued in less than 15 days.

F. D. Copies of all permit notifications and statements required in subsections A through D of this section shall be supplied submitted to the division with the application at the time they are mailed to the parties identified in subsection A of this section.

E. Documentation of certified mail receipts of the notifications described in this section shall be included with the permit application.

4VAC25-31-240. Bond amount.

A. The amount of bond shall be $1,000 per acre of disturbed land Bond shall be set in accordance with § 45.1-183 of the Code of Virginia.

B. The minimum bond for a mineral mining permit shall be $1,000 $3,000, except for restricted permits and Minerals Reclamation Fund participants.

4VAC25-31-360. Operation and reclamation.

A. Mining operations shall be conducted to minimize adverse effects on the environment and facilitate integration of reclamation with mining operations according to the special requirements of individual mineral types and the approved operation, drainage, and reclamation plans. Mining shall be conducted to minimize the acreage that is disturbed, and reclamation shall be conducted simultaneously with mining to the extent feasible.

B. Open pit mining of unconsolidated material shall be performed in such a way that extraction and reclamation are conducted simultaneously.

C. Mining activities shall be conducted so that the impact on water quality and quantity are minimized. Mining below the water table shall be done in accordance with the mining plan under 4VAC25-31-130.

D. Permanent lakes or ponds created by mining shall be equal to or greater than four feet deep, or otherwise constructed in a manner acceptable to the director.

E. Excavation shall be done in such a manner as to keep storm drainage flowing toward sediment control structures. Diversions shall be used to minimize storm run-off runoff over disturbed areas.

F. The mining operation shall be planned to enhance the appearance to the public during mining and to achieve simultaneous and final reclamation.

G. At the completion of mining, all entrances to underground mines shall be closed or secured and the surface area reclaimed in accordance with the mineral mining plan.

H. Reclamation shall be completed to allow the post-mining land use to be implemented. After reclamation, the post mining land use shall be achievable and compatible with surrounding land use. All necessary permits and approvals for the post-mining land use shall be obtained prior to implementation.

4VAC25-31-405. Disposal of waste.

On-site generated mine waste shall not be disposed of within the permitted mine area without prior approval. On-site generated inert materials are mine waste is approved for use as fill on the mining site provided they are capped with a minimum of four feet of soil an adequate cover and seeding is established per the approved reclamation plan. Off-site generated inert waste shall not be brought onto the mine permitted area or disposed of on the mine permitted area without prior approval.

4VAC25-31-410. Storage of top soil.

A. Top soil required for reclamation shall be stored with a maximum slope of 2:1 and in such a manner as to remain available for reclamation. The operator shall retain a minimum quantity sufficient to cover all disturbed areas to be reclaimed with six inches of top soil or as specified in an approved operations plan. Top soil will be needed for future reclamation and shall not be removed from the permitted area unless authorized by the division.

B. The stockpiled top soil shall be seeded with quick growing grasses or legumes for stabilization until used in final reclamation.

C. The provisions of this section shall not apply to sand and gravel operations in the Coastal Plain physiographic province.

4VAC25-31-420. Screening.

A. Screening shall be provided for sound absorption and to improve the appearance of the mining site from public roads, public buildings, recreation areas, and occupied dwellings.

B. If screening is to be undisturbed forest, a distance of 100 feet must be left undisturbed within the permit boundary. Less than 100 feet may be approved if the natural vegetation provides the needed screening benefits between the mining operation and the adjacent property. Planted earth berms, tree plantings, natural topography, or appropriately designed fences or walls may be used if approved in the mineral mining plan.

C. On permanent berms for screening, the spoils (waste materials) shall be initially placed on the proposed berm area, and top soil (where available) shall be spread over the spoil areas berm, not less than six inches in thickness, and if possible, 12 inches in thickness. The remaining top soil shall be placed in a designated area for future spreading on other areas which that need top dressing. The top soil screening berm shall be seeded or planted in accordance with the approved reclamation plan.

4VAC25-31-430. Completion of active mining.

A. Except as provided in subsection B of this section and with the director's approval, a mining operation, where no mineral has been removed or overburden removed or regraded, or where no substantial mine-related activity has been conducted for a period of 12 consecutive months, shall be declared complete, and total reclamation shall begin.

B. At the option of the operator and with the director's concurrence approval, an operation may remain under permit for an indefinite period during which no mineral or overburden is removed if the following conditions are met to the director's satisfaction:

1. All disturbed areas are reclaimed to prevent erosion and sedimentation or adequately stabilized, or all erosion and sediment control systems are maintained in accordance with mining plans and proper engineering practices.

2. All drainage structures such as culverts and ditches are constructed and maintained in accordance with mining plans and proper engineering practices.

3. All vegetation is maintained, including reseeding if necessary.

4. All improvements on site, including machinery and equipment, are maintained in a state of good repair and condition.

If the above conditions listed in this subsection are not met, the permit may be revoked by the director in accordance with § 45.1-186.1 of the Code of Virginia.

4VAC25-31-440. Drainage and sediment control.

All mining operations shall have adequate drainage, erosion, and sediment control measures installed and maintained in accordance with the approved drainage plan or as acceptable to the division. Drainage from disturbed areas shall be directed into a sediment control structure before it is discharged from the permitted area. If adequate drainage, erosion, and sediment control measures cannot be provided, the permit for the affected portion or the entire mine may be denied.

4VAC25-31-450. Sediment basins.

Drainage from disturbed areas shall be directed into a sediment basin before it is discharged from the permit area. Sediment basins shall be located as close to the disturbed area as possible. Sediment basins shall not be located in perennial streams. Sediment control measures shall be installed prior to land disturbing activities within the drainage area controlled by the sediment basin. Each primary sediment basin shall provide at least 0.125 acre feet of storage capacity for each acre of disturbed land draining to it. Storage basins shall be cleaned as necessary to ensure proper functioning before they reach 60% capacity. Alternate sediment control measures that are as effective as sediment basins may be approved. The measures may include reduced basin storage capacity for small short-term disturbances, sediment channels, check dams, or mining methods that incorporate sediment control.

4VAC25-40-670. Fire extinguishers.

A. Whenever a fire or its effects could impede escape from self-propelled equipment, a fire extinguisher shall be on the equipment.

B. Whenever a fire or its effects would not impede escape from the equipment but could affect the escape of other persons in the area, a fire extinguisher shall be on the equipment or within 100 feet of the equipment.

C. All fire extinguishers required by this chapter shall meet the current standards established by the National Fire Prevention Association.

DOCUMENTS INCORPORATED BY REFERENCE (4VAC25-40)

1996 Threshold Limit Values and Biological Exposure Indices published by the American Conference of Governmental Industrial Hygienists

American Table of Distances, 1991 edition, published by the Institute of Makers of Explosives

National Electrical Code, 2008 edition, published by the National Fire Protection Association

National Fire Protection Association 10: Standard for Portable Fire Extinguishers, 2013 edition

Bureau of Mines Instruction Guide 19, Mine Emergency Training, U.S. Department of Labor, 1972 edition

Blasting Guidance Manual, U.S. Department of Interior, Office of Surface Mining Reclamation and Enforcement, 1987 edition

The American National Standard for Wire Rope for Miners, M11.11980, published by the American National Standards Institute

Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10, 6VAC20-20-21 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).

6VAC20-90. 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.

Effective Date: July 1, 2019.

Agency Contact: Laureen Hyman, Executive Administrative Assistant to the Director, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-8718, or email laureen.hyman@dcjs.virginia.gov.

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 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, 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.

At the final stage of this regulatory action, the board did not adopt the proposed changes to 6VAC20-70, Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections.

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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] hours approved by the Criminal Justice Services Board.

"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified [ criminal justice training ] academies. Four members of the committee shall represent regional criminal justice [ training ] academies, four members of the committee shall represent independent criminal justice [ training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"Director" means the chief administrative officer of the department or his the director's designee.

[ "External training location" means a training location approved by the department located away from the certified criminal justice training academy, which the certified criminal justice training academy uses to conduct mandated training using full-time and part-time academy staff with general instructorships. ]

"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 [ standards ] 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 [ criminal justice ] 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 [ other ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ other ] 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. 4. ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] 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. F. ] 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. G. ] Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards [ , field training, ] and [ other ] 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. H. ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the certified [ criminal justice ] 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. B. Field training shall be completed in accordance with the requirements in 6VAC20-20-40. ] 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. C. ] 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. D. ] 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 a certified ] 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 [ criminal justice ] training academy.

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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards operated by the state or local unit(s) [ unit units ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] 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 [ criminal justice training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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 [ criminal justice ] 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 [ criminal justice ] 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. Training h. Driver 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ , field training, and other requirements ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.

[ E. F. ] 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 [ , field training, ] and [ other ] 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. G. ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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. Field training shall be completed in accordance with the requirements in 6VAC20-50-40. ] The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, [ and or ] Form CP-1) documenting the completion of field training for officers.

[ C. B. ] 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. C. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ E. D. ] 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 a certified ] 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 [ criminal justice ] training academy.

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, (rev. 5/2018)

Field Training: Court Security Officer, CS-1, (rev. 5/2018)

Field Training: Civil Process Officers, CP-1, (rev. 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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards and operated by the state or local unit(s) [ unit units ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] 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 [ training ] academies, two members of the committee shall represent independent criminal justice [ training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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 [ criminal justice training ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ hire or ] appointment as a dispatcher, unless provided otherwise in accordance with subsection B of this section.

B. The director [ or the director's designee ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.

[ E. F. ] 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 [ and on-the-job training ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the certified [ criminal justice ] training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified [ criminal justice ] 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. B. ] 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. C. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ E. D. ] Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and §§ 42.1-67 through 42.1-91 the Virginia Public Records Act (§ 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 [ criminal justice ] training academy.

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)

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 [ criminal justice ] 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 ].

"Approved training" means any training approved by the department to meet minimum training standards.

"Board" means the Criminal Justice Services Board.

"Certified [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards operated by the state or local [ unit units ] of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] hours approved by the Criminal Justice Services Board.

"Department" means the Department of Criminal Justice Services.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

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

"External [ classroom training location ]" means a training [ room location ] approved by the department located away from the certified [ criminal justice training ] academy, which the certified [ criminal justice training ] academy uses to conduct mandated training [ , ] using full-time [ and part-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 a regional criminal justice academy as defined by § 15.2-1747 of the Code of Virginia ].

"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 [ criminal justice ] 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 [ criminal justice ] 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 department and the COT shall review and consider assessments after reviewing the mutual agreement documents signed by the separating agency and the certified criminal justice training academy.

3. ] The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.

[ 3. 4. ] 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 training locations ], 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% [ of ] 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 noncompliance], 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 [ criminal justice ] training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.

B. A certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy shall [ meet 100% of be assessed for compliance with ] 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 [ criminal justice ] 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 [ criminal justice ] training academy will be given time to correct the [ situation noncompliance ], not to exceed 60 days.

c. The department staff shall reassess the certified [ criminal justice ] training academy. If the certified [ criminal justice ] 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 [ criminal justice ] training academy. The certified [ criminal justice ] 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 [ criminal justice ] training academy is [ still ] not in compliance with all certification standards [ or has failed to adopt and implement the department issued corrective action plan ] at the time of the second reassessment, the director shall suspend the [ academies academy's ] 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 [ the ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy in writing of course approval.

D. The certified [ criminal justice ] 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 [ criminal justice training ] 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 [ criminal justice ] 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 [ criminal justice ] training academy with documented noncompliance for one or more academy recertification standards when the certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ each] criminal justice professional [ have has ] 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 [ criminal justice ] 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 [ criminal justice ] training academies shall maintain accurate records of all tests, grades, and testing procedures.

G. The certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy shall comply with the rules and regulations promulgated by the certified [ criminal justice ] training academy and the department.

C. Individuals violating the rules and regulations governing the certified [ criminal justice ] training academy or violating the rules of the certified [ criminal justice ] training academy determined to be detrimental to the welfare of the academy or the safety of [ officers criminal justice professionals ], 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 September ] 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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification.

"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum training hours approved by the Criminal Justice Services 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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.

[ "External training location" means a training location approved by the department located away from the certified criminal justice training academy, which the certified criminal justice training academy uses to conduct mandated training using full-time and part-time academy staff with general instructorships. ]

"Satellite facility" means a temporary facility located away from the certified [ criminal justice ] 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 [ criminal justice ] training academy [ , external training location, or satellite facility ] and complete field training requirements. Correctional officers shall comply with the following:

1. Successfully complete basic correctional officer training at a certified [ criminal justice ] training academy [ , external training location, ] 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 [ criminal justice ] training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified [ criminal justice ] 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 6VAC20-100-20 and 6VAC20-100-40 ], 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 [ , field training, and requirements ] 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 or director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration date of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.

[ E. F. ] Correctional officers who do not [ satisfactorily complete compulsory minimum training standards, field training, and other requirements within 12 months of hire or appointment as a correctional officer, or 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. G. ] The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.

[ G. H. ] 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. I. ] 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 [ officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met. ]

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 within the time limits of 6VAC20-100-40 and in accordance with each certified criminal justice training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the school, the school director the certified [ criminal justice ] 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. [ Field training shall be completed in accordance with the requirements in 6VAC20-100-40. The superintendent or warden shall sign and submit the field training completion form for each officer to the department.

B. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ B. C. ] 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 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.

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)

Field Training: Department of Corrections Basic Corrections Officer, DOC-1 (rev. 8/2018) ]

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)

Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10, 6VAC20-20-21 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).

6VAC20-90. 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.

Effective Date: July 1, 2019.

Agency Contact: Laureen Hyman, Executive Administrative Assistant to the Director, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-8718, or email laureen.hyman@dcjs.virginia.gov.

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 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, 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.

At the final stage of this regulatory action, the board did not adopt the proposed changes to 6VAC20-70, Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections.

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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] hours approved by the Criminal Justice Services Board.

"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified [ criminal justice training ] academies. Four members of the committee shall represent regional criminal justice [ training ] academies, four members of the committee shall represent independent criminal justice [ training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"Director" means the chief administrative officer of the department or his the director's designee.

[ "External training location" means a training location approved by the department located away from the certified criminal justice training academy, which the certified criminal justice training academy uses to conduct mandated training using full-time and part-time academy staff with general instructorships. ]

"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 [ standards ] 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 [ criminal justice ] 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 [ other ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ other ] 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. 4. ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] 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. F. ] 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. G. ] Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards [ , field training, ] and [ other ] 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. H. ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the certified [ criminal justice ] 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. B. Field training shall be completed in accordance with the requirements in 6VAC20-20-40. ] 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. C. ] 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. D. ] 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 a certified ] 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 [ criminal justice ] training academy.

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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards operated by the state or local unit(s) [ unit units ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] 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 [ criminal justice training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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 [ criminal justice ] 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 [ criminal justice ] 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. Training h. Driver 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ , field training, and other requirements ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.

[ E. F. ] 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 [ , field training, ] and [ other ] 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. G. ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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. Field training shall be completed in accordance with the requirements in 6VAC20-50-40. ] The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, [ and or ] Form CP-1) documenting the completion of field training for officers.

[ C. B. ] 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. C. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ E. D. ] 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 a certified ] 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 [ criminal justice ] training academy.

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, (rev. 5/2018)

Field Training: Court Security Officer, CS-1, (rev. 5/2018)

Field Training: Civil Process Officers, CP-1, (rev. 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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards and operated by the state or local unit(s) [ unit units ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] 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 [ training ] academies, two members of the committee shall represent independent criminal justice [ training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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 [ criminal justice training ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ hire or ] appointment as a dispatcher, unless provided otherwise in accordance with subsection B of this section.

B. The director [ or the director's designee ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.

[ E. F. ] 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 [ and on-the-job training ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the certified [ criminal justice ] training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified [ criminal justice ] 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. B. ] 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. C. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ E. D. ] Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and §§ 42.1-67 through 42.1-91 the Virginia Public Records Act (§ 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 [ criminal justice ] training academy.

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)

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 [ criminal justice ] 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 ].

"Approved training" means any training approved by the department to meet minimum training standards.

"Board" means the Criminal Justice Services Board.

"Certified [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards operated by the state or local [ unit units ] of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] hours approved by the Criminal Justice Services Board.

"Department" means the Department of Criminal Justice Services.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

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

"External [ classroom training location ]" means a training [ room location ] approved by the department located away from the certified [ criminal justice training ] academy, which the certified [ criminal justice training ] academy uses to conduct mandated training [ , ] using full-time [ and part-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 a regional criminal justice academy as defined by § 15.2-1747 of the Code of Virginia ].

"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 [ criminal justice ] 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 [ criminal justice ] 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 department and the COT shall review and consider assessments after reviewing the mutual agreement documents signed by the separating agency and the certified criminal justice training academy.

3. ] The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.

[ 3. 4. ] 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 training locations ], 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% [ of ] 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 noncompliance], 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 [ criminal justice ] training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.

B. A certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy shall [ meet 100% of be assessed for compliance with ] 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 [ criminal justice ] 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 [ criminal justice ] training academy will be given time to correct the [ situation noncompliance ], not to exceed 60 days.

c. The department staff shall reassess the certified [ criminal justice ] training academy. If the certified [ criminal justice ] 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 [ criminal justice ] training academy. The certified [ criminal justice ] 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 [ criminal justice ] training academy is [ still ] not in compliance with all certification standards [ or has failed to adopt and implement the department issued corrective action plan ] at the time of the second reassessment, the director shall suspend the [ academies academy's ] 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 [ the ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy in writing of course approval.

D. The certified [ criminal justice ] 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 [ criminal justice training ] 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 [ criminal justice ] 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 [ criminal justice ] training academy with documented noncompliance for one or more academy recertification standards when the certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ each] criminal justice professional [ have has ] 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 [ criminal justice ] 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 [ criminal justice ] training academies shall maintain accurate records of all tests, grades, and testing procedures.

G. The certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy shall comply with the rules and regulations promulgated by the certified [ criminal justice ] training academy and the department.

C. Individuals violating the rules and regulations governing the certified [ criminal justice ] training academy or violating the rules of the certified [ criminal justice ] training academy determined to be detrimental to the welfare of the academy or the safety of [ officers criminal justice professionals ], 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 September ] 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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification.

"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum training hours approved by the Criminal Justice Services 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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.

[ "External training location" means a training location approved by the department located away from the certified criminal justice training academy, which the certified criminal justice training academy uses to conduct mandated training using full-time and part-time academy staff with general instructorships. ]

"Satellite facility" means a temporary facility located away from the certified [ criminal justice ] 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 [ criminal justice ] training academy [ , external training location, or satellite facility ] and complete field training requirements. Correctional officers shall comply with the following:

1. Successfully complete basic correctional officer training at a certified [ criminal justice ] training academy [ , external training location, ] 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 [ criminal justice ] training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified [ criminal justice ] 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 6VAC20-100-20 and 6VAC20-100-40 ], 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 [ , field training, and requirements ] 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 or director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration date of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.

[ E. F. ] Correctional officers who do not [ satisfactorily complete compulsory minimum training standards, field training, and other requirements within 12 months of hire or appointment as a correctional officer, or 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. G. ] The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.

[ G. H. ] 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. I. ] 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 [ officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met. ]

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 within the time limits of 6VAC20-100-40 and in accordance with each certified criminal justice training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the school, the school director the certified [ criminal justice ] 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. [ Field training shall be completed in accordance with the requirements in 6VAC20-100-40. The superintendent or warden shall sign and submit the field training completion form for each officer to the department.

B. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ B. C. ] 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 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.

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)

Field Training: Department of Corrections Basic Corrections Officer, DOC-1 (rev. 8/2018) ]

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)

Titles of Regulations: 6VAC20-20. Rules Relating to Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10, 6VAC20-20-21 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).

6VAC20-90. 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.

Effective Date: July 1, 2019.

Agency Contact: Laureen Hyman, Executive Administrative Assistant to the Director, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone (804) 786-8718, or email laureen.hyman@dcjs.virginia.gov.

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 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, 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.

At the final stage of this regulatory action, the board did not adopt the proposed changes to 6VAC20-70, Rules Relating to Compulsory Minimum Training Standards for Noncustodial Employees of the Department of Corrections.

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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] hours approved by the Criminal Justice Services Board.

"Curriculum Review Committee" or "CRC" means the committee consisting of nine individuals representing the certified [ criminal justice training ] academies. Four members of the committee shall represent regional criminal justice [ training ] academies, four members of the committee shall represent independent criminal justice [ training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"Director" means the chief administrative officer of the department or his the director's designee.

[ "External training location" means a training location approved by the department located away from the certified criminal justice training academy, which the certified criminal justice training academy uses to conduct mandated training using full-time and part-time academy staff with general instructorships. ]

"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 [ standards ] 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 [ criminal justice ] 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 [ other ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ other ] 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. 4. ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] 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. F. ] 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. G. ] Law-enforcement officers who do not satisfactorily complete compulsory minimum training standards [ , field training, ] and [ other ] 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. H. ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the certified [ criminal justice ] 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. B. Field training shall be completed in accordance with the requirements in 6VAC20-20-40. ] 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. C. ] 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. D. ] 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 a certified ] 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 [ criminal justice ] training academy.

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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards operated by the state or local unit(s) [ unit units ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] 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 [ criminal justice training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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 [ criminal justice ] 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 [ criminal justice ] 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. Training h. Driver 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ , field training, and other requirements ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.

[ E. F. ] 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 [ , field training, ] and [ other ] 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. G. ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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. Field training shall be completed in accordance with the requirements in 6VAC20-50-40. ] The agency shall complete the appropriate department authorized field training completion form (Form J-1, Form CS-1, [ and or ] Form CP-1) documenting the completion of field training for officers.

[ C. B. ] 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. C. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ E. D. ] 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 a certified ] 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 [ criminal justice ] training academy.

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, (rev. 5/2018)

Field Training: Court Security Officer, CS-1, (rev. 5/2018)

Field Training: Civil Process Officers, CP-1, (rev. 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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards and operated by the state or local unit(s) [ unit units ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] 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 [ training ] academies, two members of the committee shall represent independent criminal justice [ training ] 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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 [ criminal justice training ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ hire or ] appointment as a dispatcher, unless provided otherwise in accordance with subsection B of this section.

B. The director [ or the director's designee ] 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 or the director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards and requirements within specified time limits.

[ E. F. ] 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 [ and on-the-job training ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the certified [ criminal justice ] training academy, the academy director may expel the individual or the safety of dispatchers, visitors, or personnel may be expelled from the certified [ criminal justice ] 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. B. ] 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. C. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ E. D. ] Dispatcher training records shall be maintained in accordance with the provisions of these regulations this chapter and §§ 42.1-67 through 42.1-91 the Virginia Public Records Act (§ 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 [ criminal justice ] training academy.

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)

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 [ criminal justice ] 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 ].

"Approved training" means any training approved by the department to meet minimum training standards.

"Board" means the Criminal Justice Services Board.

"Certified [ criminal justice ] training academy" means a training facility [ or campus ] in compliance with academy certification or recertification standards operated by the state or local [ unit units ] of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification. ]

"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 [ training ] hours approved by the Criminal Justice Services Board.

"Department" means the Department of Criminal Justice Services.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

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

"External [ classroom training location ]" means a training [ room location ] approved by the department located away from the certified [ criminal justice training ] academy, which the certified [ criminal justice training ] academy uses to conduct mandated training [ , ] using full-time [ and part-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 a regional criminal justice academy as defined by § 15.2-1747 of the Code of Virginia ].

"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 [ criminal justice ] 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 [ criminal justice ] 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 department and the COT shall review and consider assessments after reviewing the mutual agreement documents signed by the separating agency and the certified criminal justice training academy.

3. ] The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.

[ 3. 4. ] 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 training locations ], 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% [ of ] 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 noncompliance], 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 [ criminal justice ] training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.

B. A certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy shall [ meet 100% of be assessed for compliance with ] 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 [ criminal justice ] 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 [ criminal justice ] training academy will be given time to correct the [ situation noncompliance ], not to exceed 60 days.

c. The department staff shall reassess the certified [ criminal justice ] training academy. If the certified [ criminal justice ] 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 [ criminal justice ] training academy. The certified [ criminal justice ] 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 [ criminal justice ] training academy is [ still ] not in compliance with all certification standards [ or has failed to adopt and implement the department issued corrective action plan ] at the time of the second reassessment, the director shall suspend the [ academies academy's ] 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 [ the ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy in writing of course approval.

D. The certified [ criminal justice ] 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 [ criminal justice training ] 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 [ criminal justice ] 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 [ criminal justice ] training academy with documented noncompliance for one or more academy recertification standards when the certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] 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 [ each] criminal justice professional [ have has ] 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 [ criminal justice ] 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 [ criminal justice ] training academies shall maintain accurate records of all tests, grades, and testing procedures.

G. The certified [ criminal justice ] 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 [ criminal justice ] 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 [ criminal justice ] training academy shall comply with the rules and regulations promulgated by the certified [ criminal justice ] training academy and the department.

C. Individuals violating the rules and regulations governing the certified [ criminal justice ] training academy or violating the rules of the certified [ criminal justice ] training academy determined to be detrimental to the welfare of the academy or the safety of [ officers criminal justice professionals ], 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 September ] 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 [ criminal justice ] 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 [ criminal justice ] training academy" means a training facility [ or campus ] 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. [ Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification.

"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum training hours approved by the Criminal Justice Services 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.

[ "Designee" means one who acts with the authority of the chief executive of the agency. ]

"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.

[ "External training location" means a training location approved by the department located away from the certified criminal justice training academy, which the certified criminal justice training academy uses to conduct mandated training using full-time and part-time academy staff with general instructorships. ]

"Satellite facility" means a temporary facility located away from the certified [ criminal justice ] 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 [ criminal justice ] training academy [ , external training location, or satellite facility ] and complete field training requirements. Correctional officers shall comply with the following:

1. Successfully complete basic correctional officer training at a certified [ criminal justice ] training academy [ , external training location, ] 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 [ criminal justice ] training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days' notice to certified [ criminal justice ] 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 6VAC20-100-20 and 6VAC20-100-40 ], 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 [ , field training, and requirements ] 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 or director's designee may review and consider requests to renew training extensions if the reason for the original training extension continues and the request occurs before the expiration date of the original extension.

E. ] The director shall not grant an extension for failing to pass compulsory minimum training standards within the specified time limits.

[ E. F. ] Correctional officers who do not [ satisfactorily complete compulsory minimum training standards, field training, and other requirements within 12 months of hire or appointment as a correctional officer, or 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. G. ] The department shall notify the agency administrator of individuals not in compliance with the requirements of this section.

[ G. H. ] 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. I. ] 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 [ officer may be tested and retested as may be necessary within the time limits of 6VAC20-100-40 and in accordance with each academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met. ]

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 within the time limits of 6VAC20-100-40 and in accordance with each certified criminal justice training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all 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 [ criminal justice ] 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 [ criminal justice ] training academy determined to be detrimental to the welfare of the school, the school director the certified [ criminal justice ] 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. [ Field training shall be completed in accordance with the requirements in 6VAC20-100-40. The superintendent or warden shall sign and submit the field training completion form for each officer to the department.

B. ] Records and documentation shall be open to audit, inspection, and review by the department upon request.

[ B. C. ] 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 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.

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)

Field Training: Department of Corrections Basic Corrections Officer, DOC-1 (rev. 8/2018) ]

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)