6VAC20-70-10. Definitions.

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

"Approved training academy" means a training institution 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 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.

"Board" means the Criminal Justice Services Board.

"Department" means the Department of Criminal Justice Services.

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

"Noncustodial employee" includes those employees specifically designated by the director of the Department of Corrections who, by their appointment, must carry a weapon.

"School director" means the chief administrative officer of an approved training school.

6VAC20-70-20. Compulsory minimum training standards for noncustodial employees.

Pursuant to the provisions of §§ 18.2-308 (5), 19.2-81.2, 9-170 and 53.1-29 of the Code of Virginia, the board establishes the following as the compulsory minimum training standards for noncustodial employees of the Department of Corrections:

A. Pursuant to the provisions of § 9.1-102 of the Code of Virginia, the board establishes the Compulsory Minimum Training Standards for the Department of Corrections, Division of Adult Institutions. Pursuant to §§ 19.2-81.2 and 53.1-29 of the Code of Virginia noncustodial employees of the Department of Corrections who have the authority to detain an individual and noncustodial employees who been designated to carry a weapon by the Director of the Department of Corrections are required to complete a basic course in detention training and the basic course in firearms for correctional officers approved by the Department of Criminal Justice Services.

B. Basic Noncustodial Employee training categories are:

1.     Category 1 – Security and Supervision

2.     Category 2 – Communication

3.     Category 3 – Safety

4.     Category 4 – Emergency Response

5.     Category 5 – Conflict and Crisis Management

6.     Category 6 – Law and Legal Issues

7.     Category 7 – Duty Assignments and Responsibilities

8.     Category 8 – Professionalism

9.     Category 9 – Firearms Training

ACADEMY TRAINING HOURS – 80

C. The training and performance objectives may be found on the Department of Criminal Justice Services' website at www.dcjs.virginia.gov.

6VAC20-70-25. Approval Authority.

A. The Criminal Justice Services Board shall be the approval authority for the training categories 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 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. 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 based upon 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.

C. Prior to approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the Committee on Training shall conduct a public hearing. Sixty days prior to the public hearing, the proposed changes shall be distributed to all affected parties for the opportunity to comment. Notice of change of 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. The department shall notify each certified 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.

6VAC20-70-30. Applicability.

A. Every person employed in a noncustodial position who by appointment to that position has been designated by the Director of the Department of Corrections to carry a weapon must shall meet the compulsory minimum training standards herein established within this chapter.

B. Noncustodial employees meeting all of the following conditions shall not be required to complete the compulsory minimum training standards:

1. The noncustodial employee was previously employed as a corrections officer, and

2.  Originally complied with all the compulsory minimum training requirements  of 6VAC20-100 Rules Relating to compulsory Minimum Training Standards for Corrections Officers of the Department of Corrections Division of Adult Institutions , and  

3.  At the time of appointment a period of 24 months or less has passed since the noncustodial employee served in the position of a corrections officer or  the noncustodial employee has not had a separation of service from the Department of Corrections for a period of more than 24 months.

6VAC20-70-40. Time required for completion of training.

A. Every noncustodial employee, so designated, shall not carry a weapon until the compulsory minimum training standards as set forth in 6VAC20-70-20 have been satisfactorily completed.

B. Every noncustodial employee, so designated, shall satisfactorily complete the compulsory minimum training standards for noncustodial employees within 120 days of assuming a position which is designated as a noncustodial position.

C. The director may grant an extension of the time limit for completion of the 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.

D. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or correctional officer status, for a period of 24 months or less, upon reentry as a noncustodial employee shall be required to complete Institutional Orientation and Institutional In-Service and successfully complete annual firearms training set forth in 6VAC20-100-120.

E. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or  corrections officer status, for a period  of 25 months or greater, upon reentry as noncustodial employee shall be required to complete all compulsory minimum training standards  set forth in 6VAC20-70-20 Compulsory Minimum Training Standards for  Noncustodial Employees.

6VAC20-70-50. How compulsory minimum training standards may be attained.

A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school academy.

B. Noncustodial employees attending an approved training school are required to attend all classes and should will not be placed on duty, on post, or on call except in cases of emergency.

6VAC20-70-60. Approved training schools.

A. Noncustodial employees training schools must be approved by the department prior to the first scheduled class. Approval is requested by making application to the director on forms provided by the department. The director may approve those schools which on the basis of curricula, instructors, facilities, and examinations, provide the required minimum training. One application for all mandated training shall be submitted prior to the beginning of each fiscal year. A curriculum listing the subject matter, instructors, dates and times for the entire proposed training session shall be submitted to the department 30 calendar days prior to the beginning of each proposed session. An exemption to the 30 calendar day requirement may be waived for good cause shown by the school director.

B. Each school director will be required to maintain a current file of all current lesson plans and supporting material for each subject contained in the compulsory minimum training standards.

C. Schools which are approved Approved training schools will be subject to inspection and review by the director or staff, or both.

D. The department may suspend the approval of an approved training school upon written notice, which shall contain the reason(s) upon which the suspension is based, to the school's director. The school's director may request a hearing before the director or his designee. The request shall be in writing and must be received by the department within 15 calendar 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 calendar 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 calendar 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 calendar days of the date of the decision of the director or his designee.

6VAC20-70-70. Grading.

A. All written examinations shall include a minimum of two questions for each hour of mandatory instruction. This requirement likewise includes the classroom instruction on performance-oriented subject matter.

B. All noncustodial employees shall attain a minimum grade of 70% in each grading category to satisfactorily complete the compulsory minimum training standards. Any noncustodial employee who fails to attain the minimum 70% in any grading category will be required to take all subjects comprising that grading category in a subsequent approved training school. A noncustodial employee may be tested and retested as may be necessary within the time limits of 6VAC20-70-40 and according to each approved training academy's written policy. A noncustodial employee shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.

C. Approved noncustodial employee training schools shall maintain accurate records of all tests, grades and testing procedures. Academy training records must be maintained in accordance with the provisions of these rules and §§ 42.1-76 through 42.1-91 of the Code of Virginia.

6VAC20-70-80. Firearms. (Repealed.)

6VAC20-70-85. Institutional In-Service for Noncustodial Employees.

Noncustodial employees shall complete a total of 40 hours by December 31 of the second calendar year after completing an approved training academy.

1. Cultural diversity training - two (2) hours.

2. Legal training – four (4) hours. Subjects to be provided are at the discretion of the academy director of an approved training academy and shall be designated as legal training.

3. Career development/elective training - 34 hours. Subjects to be provided are at the discretion of the academy director of an approved training academy.

4. Firearms training. Annual range qualification shall be completed as set forth in 6VAC20-100-120.

6VAC20-70-90. Recertification Firearms In-service for Noncustodial Employees.

A. All noncustodial employees shall complete firearms in-service training recertify every other calendar year by satisfactorily completing the firearms training annually in accordance with this section. set forth in 6VAC20-70-80. The specific time frame for compliance by currently certified noncustodial employees is enumerated in subsections C and D. Any noncustodial employee who does not comply as set forth below in subsections C and D shall be subject to the provisions of § 9-181 of the Code of Virginia.

B. All noncustodial employees shall be required to qualify annually with service handgun and shotgun in accordance with 6VAC20-70-80.

C. All noncustodial employees whose recertification due date is in 1987 shall comply with the recertification requirements by December 31, 1987, and thereafter by December 31 of every other calendar year.

D. All noncustodial employees whose recertification due date is in 1988 shall comply with the recertification requirements by December 31, 1988, and thereafter by December 31 of every other calendar year.

Every noncustodial employee required to carry a firearm in the performance of duty shall qualify annually using the applicable firearms course approved by the Committee on Training of the board.  Annual range qualification shall include a review of issues and policies relating to weapons safety, nomenclature, maintenance and use of force.  With prior approval of the director, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges. 

B.    Noncustodial employees shall qualify annually with a minimum cumulative passing score of 70% on one of the required firearm courses listed in the Compulsory Minimum Training Standards for the Department of Corrections found at the Department of Criminal Justice Services' website at www.dcjs.virginia.gov.

6VAC20-70-100. Failure to comply with rules and regulations.

A. Noncustodial employees attending an approved training school shall comply with the rules and regulations promulgated by the department and any other rules and regulations within the authority of the school director. The director of the school shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees. If the school director considers a violation of the rules and regulations detrimental to the welfare of the school, the school director may expel the noncustodial employee from the school. Consistent with Department of Corrections' policy, notification of such action shall immediately be reported in writing to the supervisor of the individual expelled and the appropriate Department of Corrections Division Director.

6VAC20-70-110. Administrative requirements.

A. Reports will be required from the school director on forms approved by the department and at such times as designated by the director.

B. The school director shall, within 30 days upon completion of an approved training school, comply with the following:

1. Submit shall submit to the department a roster containing the names of those noncustodial employees who have satisfactorily completed all training requirements and, if applicable, a revised curriculum for the training session.

C. The school director shall furnish each instructor with a complete set of course resumes and objectives for the assigned subject matter.

D. Approved noncustodial employee training schools shall maintain accurate records of all tests, grades and testing procedures. Approved training academy records must be maintained in accordance with the provisions of these rules and the Virginia Public Records Act  § 42.1-76 et seq of the Code of Virginia.

6VAC20-70-120. Effective date.

These rules shall be effective on and after July 1, 1987, and until amended or repealed [Date to be determined].

6VAC20-70-130. Adopted: October 12, 1979. (Repealed.)