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Commission on the Virginia Alcohol Safety Action Program
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Commission on the Virginia Alcohol Safety Action Program
Petition 290
Petition Information
Petition Title Petition to Amend 24VAC35-30-150
Date Filed 1/29/2019    [Transmittal Sheet]
Petitioner Cynthia Ellen Hites 
Petitioner's Request

I, Cynthia Ellen Hites, as a citizen of the Commonwealth of Virginia, pursuant to Virginia Code § 2.2-4007, do humbly submit this petition for the following amendment to Virginia Administrative Code 24VAC35-30-150 (VASAP Policy and Procedures Manual).

Currently, the law states the following:

Section 150, Paragraph A:

\"Noncompliance reporting.  When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender.\"

As of now, no penalty exists to the caseworker for breech of this law.

With no adverse effect to the caseworker, or ASAP director, respectively, for failing to fulfill their duties, ASAP caseworkers can effectively operate with impunity regarding the time allotted them to notify [the] offender and court of noncompliance.

There are no penalties established for the incidences of caseworker error or malfeasance that result in restart of [an] ignition interlock sentence, or force [the] offender to reappear in court to face further punishment.

I propose the following language be adopted, in lieu of the current:

\"A.  Noncompliance reporting.  When the offender has been deemed noncompliant by the case manager, that case manager, within five working days, shall notify in writing the referring court or agency and the offender.  If [the] caseworker fails to notify in writing both parties, within five working days, the instance of noncompliance shall not be considered, and the offender shall incur no penalty.\"

 

 
Agency's Plan

The petitioner\'s request will be considered by the Commission on VASAP at its June 7, 2019 meeting.

 
Comment Period Ended 5/30/2019
25 comments
Agency Decision Take no action    
Response Date 6/20/2019
Agency Decision Summary

During its June 7, 2019 meeting, the Commission on VASAP denied this petition, taking no action for the following reasons:

1)  Failure of a case manager to report noncompliance promptly should not exonerate a client for violation of a probationary requirement; however, it might be considered in mitigation.

2)  Whenever there is any malfeasance by a case manager, or a failure to otherwise perform required duties, any corrective or disciplinary action of the ASAP employee is a personnel matter best handled on a case-by-case basis to account for the specific circumstances.

3)  ASAP case managers are not state employees.  Thus, any employee consequences pertaining to job performance must be addressed by the local ASAP director and policy board, and should not be included in state regulations.


Contact Information
Name / Title: Richard Foy  / Field Services Specialist
Address: Commission on VASAP
701 E. Franklin Street, Suite 1110
Richmond, 23219
Email Address: rfoy@vasap.virginia.gov
Telephone: (804)786-5895    FAX: (804)786-6286    TDD: ()-