TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS
REGISTRAR'S NOTICE: The
Department of Criminal Justice Services is claiming an exemption from the
Administrative Process Act in accordance with § 2.2-4002 A 26 of the Code
of Virginia, which exempts the department when developing, issuing, or revising
any training standards established by the Criminal Justice Services Board under
§ 9.1-102 of the Code of Virginia, provided such actions are authorized by
the Governor in the interest of public safety.
Titles of Regulations: 6VAC20-20. Rules Relating to
Compulsory Minimum Training Standards for Law-Enforcement Officers (amending 6VAC20-20-10, 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
[email protected].
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.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, 900 East Main Street,
11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-20)
Application for Exemption From Virginia Compulsory Minimum
Training Standards, Form W-2, eff. 1/91
Field Training: Law Enforcement, B-13, rev. 1/98
Criminal Justice Training Roster, Form 41, rev. 4/94
[ Application for Exemption from Virginia
Compulsory Minimum Training Standards, Form W-2, (rev. 5/2018) ]
Field
Training: Law Enforcement, B-13, (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-20)
Virginia
Department of Criminal Justice Services Field Training and On the Job Training
Performance Outcomes, published September 2012, Virginia Department of Criminal
Justice Services (Revised January 2018)
6VAC20-50-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Academy director" means the chief
administrative officer of a certified [ 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.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, 900 East Main Street,
11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-50)
Application for Exemption from Virginia Compulsory Minimum
Training Standards, Form W-2 (rev. 8/05)
[ Application for Exemption from Virginia
Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018) ]
Field
Training: Jail Deputy and Jail Officer, J-1, (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.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, 900 East Main Street,
11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-60)
Application for Exemption From Virginia Compulsory Minimum
Training Standards, Form W-2, rev. 04/10.
On the Job Training Dispatchers, Form D-1, rev. 09/02.
[ Application for Exemption from Virginia
Compulsory Minimum Training Standards, Form W-2 (rev. 5/2018) ]
On
the Job Training Dispatchers, Form D-1 (rev. 5/2018)
DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-60)
Virginia
Department of Criminal Justice Services Field Training and On the Job Training
Performance Outcomes, published September 2012, Virginia Department of Criminal
Justice Services (Revised January 2018)
EDITOR'S NOTE: The
proposed amendments to 6VAC20-70, which were published in 34:21 VA.R. 2082-2112 June 11, 2018,
were not adopted by the Criminal Justice Services Board. Since no changes were
made to this chapter, the text is removed from the final regulation.
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.
NOTICE: The following
forms used in administering the regulation were filed by the agency. The forms
are not being published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a hyperlink to
access it. The forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, 900 East Main Street,
11th Floor, Richmond, Virginia 23219.
FORMS (6VAC20-100)
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)
VA.R. Doc. No. R18-5427; Filed May 21, 2019, 4:42 p.m.