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Comprehensive Review Training Standards for Jailors, ...
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CHAPTER 50
RULES RELATING TO COMPULSORY MINIMUM TRAINING STANDARDS FOR JAILORS, OR CUSTODIAL OFFICERS, COURTHOUSE AND COURTROOM SECURITY OFFICERS AND PROCESS SERVICE OFFICERS

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:

"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.

"Academy director" means the chief administrative officer of a certified training academy.

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

"Board" means the Criminal Justice Services Board.

"Certified training academy" means a training facility in compliance with academy certification standards operated by the state or local unit(s) of government for the specific purpose of providing instruction of compulsory minimum training standards of training criminal justice personnel.

"Committee on Training" means the standing committee of the board that is charged with reviewing proposed changes to the standards, holding public hearings, and approving changes to the standards as needed.

"Compulsory minimum training standards" means the performance outcomes, training objectives, criteria for testing, and lesson plan guides approved by the Committee on Training.

"Curriculum Review Committee" means a committee consisting of nine eight 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, and two representatives from academies, and one representative of the Department of Criminal Justice Services Jails Training Unit. The Committee on Training shall appoint the members of the Curriculum Review Committee.

"Department" means the Department of Criminal Justice Services.

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

"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 while attending the academy.

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

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 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 compulsory minimum training standards for full and part-time jailors, 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.

B. Academy training categories - Jailor and Custodial Officer.

 

1. Category 1 -  Professionalism

 

2. Category 2 -  Legal Issues

 

3. Category 3 -  Communications

 

4. Category 4 -  Operations

 

5. Category 5 -  Investigations

 

6. Category 6 -  Defensive Tactics/Use of Force

 

7. Category 7 -  Weapons Use

 

8. Category 8 -  Driver Training

C. Jailor or Custodial Officer Field Training training.

Category 9 – Jailor and Custodial Officer Field Training

D. Academy training categories – Courthouse and Courtroom Security Officer.

 

1. Category 1 -  Court Security Professionalism

 

2. Category 2 -  Legal Issues

 

3. Category 3 -  Communications

4. Category 4 -  Court Security Operations

5. Category 5 -  Court Security Investigations

 

6. Category 6 -  Defensive Tactics/Use of Force

 

7. Category 7 -  Weapons Use

 

8. Category 8 -  Transportation

E. Courthouse and Courtroom Security Officer Field Training training.

Category 9 – Courthouse and Courtroom Security Officer Field Training

F. Academy training categories – Process Service Officer.

 

1. Category 1 -  Process Service Officer Operations

 

2. Category 2 -  Legal Issues

 

3. Category 3 -  Communications

4. Category 4 -  Civil Process Operations

5. Category 5 -  Civil Process Investigations

 

6. Category 6 -  Defensive Tactics/Use of Force

 

7. Category 7 -  Weapons Use

 

8. Category 8 -  Transportation

G. Process Service Officer Field Training training.

Category 9 – Process Service Officer Field Training

6VAC20-50-21. 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 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. 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, Curriculum Review Committee, interested party, or member of the community. Any 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 training categories will only be made in accordance with the provisions of the Administrative Process Act.

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.

6VAC20-50-30. Applicability.

A. Every person employed as a jailor Jailor or custodial officer Custodial Officer in accordance with subdivision 9 of § 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards established in subsections B, and C, and D of 6VAC20-50-20 unless provided otherwise in accordance with subsection D of this section.

B. Every person employed as a 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 D and E and F of 6VAC20-50-20 unless provided otherwise in accordance with subsection D of this section.

C. Every person employed as a Deputy Sheriff Designated to Serve Process in accordance with subdivision 8 of § 15.2-1612.1 9.1-102 of the Code of Virginia shall meet compulsory minimum training standards established in subsections F and G and H of 6VAC20-50-20 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 accordance with § 9.1-116 of the Code of Virginia.

6VAC20-50-40. Time requirement for completion of training.

A. Every jailor, or custodial officer, courthouse and courtroom security officer, and process service officer who is required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment as a jailor, or custodial officer, courthouse or courtroom security officer, or process service officer unless provided otherwise in accordance with subsection B of this section.

B. The director, or his designee, may grant an extension of the time limit for completion of the compulsory minimum training standards under the following conditions:

1. The agency administrator shall required upon presentation of present evidence by the agency administrator that such officer was unable to complete the required training within the specified time limit due to:

a. illness, Illness;

b. injury, Injury;

c. military Military service,;

d. special Special duty assignment required and performed in the public interest; or

e. or Administrative leave involving the determination of worker's compensation or disability requirement issues without pay or suspension pending investigation or adjudication of a crime.

f. Any other reason documented by the agency administrator. Such reason shall be specified and approval granted shall not exceed 90 days.

2. The agency administrator shall request such extension prior to expiration of any time limit.

C. Any jailor, or custodial officer, courthouse and or courtroom security officer, or process service officer who originally complied with all applicable training requirements and later separated from jailor, or custodial officer, courthouse or courtroom security officer, or process service officer status, in excess of 24 months, upon reentry as a jailor, custodial officer, courthouse and courtroom security officer/process officer or process server will be required to complete all compulsory minimum training standards unless provided otherwise in accordance with 6VAC20-50-30 D.

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

A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing performance outcomes, training objectives, and criteria at a certified training academy and field training requirements.

B. Officers Full time attendance is required of all jailors, custodial officers, courthouse and courtroom security officers, and process service officers attending a certified training academy are required to attend all classes. These individuals 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 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. Officers shall be responsible for any material missed during an excused absence.

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 and approved training.

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 to the requirements of subsection A, 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 a regional academy is approved by the department, the governing bodies, political subdivisions or public bodies of the proposed academy must successfully complete the academy certification process and be in compliance with § 15.2-1747 of the Code of Virginia.

4. If the establishment of an independently operated academy is approved by the department, the governing bodies, political subdivisions or public bodies of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of §15.2-1747(D) of the Code of Virginia.

D. Jailor, custodial officer, courthouse and courtroom security officer, and process service officer training may only be provided by a certified training academy.

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 training academies that are approved shall be subject to inspection and review by the director.

F. The certified training academy shall submit to the department its curriculum and other information including but not limited to performance outcomes by number, instructors, dates and times for the proposed session within time limits established by the department. Trainings may be approved which, on the basis of curricula, instructors, facilities, and examinations provide the required minimum training. An exemption to the established time limitations may be granted by the director for good cause shown by the academy director.

G. 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.

H.  The department may suspend or revoke the approval of a previously sanctioned training upon written notice, which shall contain the reason or reasons upon which the suspension or revocation is based, to the academy director. The academy director may request a hearing before the director or his designees. The request shall be in writing and must be received by the department within 15 business days of the date of the notice of the suspension or revocation. The academy 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 business days of the date of the decision of the director or his designee.

F. I 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) reason or reasons 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 business days of the date of the notice of suspension/revocation. The school's academy 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 business days of the date of the decision of the director or his designee.

6VAC20-50-70. Grading.

A. Jailors, custodial officers, courthouse and courtroom security officers, and process service officers shall comply with all the requirements of 6VAC20-50.  All certified training academies shall utilize testing procedures that indicate that every jailor, custodial officer, courthouse and courtroom security officer, and process service 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."

B. attained a minimum score of 70% on all tests for each applicable graded category identified in 6VAC20-50-20 to complete compulsory minimum training standards. A certified training academy may require jailors, custodial officers, courthouse and courtroom security officers, and process service officers attain a score greater than 70% on tests. The officer may be tested and retested as may be necessary within the limits of 6VAC20-50-40 A and each certified training academy's written policy. An officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.

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

6VAC20-50-80. Failure to comply with rules and regulations.

Any individual attending a certified training academy shall comply with the rules and regulations promulgated by the board, rules of the department, and rules within the authority of the academy director. 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 detrimental to the welfare of the academy, the academy director may expel the officer from the academy. Notification of such action shall 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.

6VAC20-50-90. Administrative requirements.

A. The academy director shall complete a report using the Department's electronic records management system for compulsory minimum standards and in-service training  within 60 days of completion of compulsory training conducted at the certified training academy.

B. The agency administrator shall, within the time requirement set forth in subsection A of 6VAC20-50-40, forward a properly executed field training form to the department for each jailor or custodial officer, courthouse and courtroom security officer and process service officer.

C. The academy director shall furnish each instructor with a complete set of course resumes and the applicable performance outcomes, criteria and lesson plan guides for assigned subject matter.

D. The academy director shall maintain a final curriculum that includes performance outcomes, hours and instructor names.

E. Each certified training academy shall maintain accurate records of all tests, grades and testing procedures. Training records shall be maintained in accordance with the provisions of these regulations and the Virginia Public Records Act (§ 42.1-67 et seq. of the Code of Virginia).

6VAC20-50-95. In-service and annual firearms training.

Every jailor, custodial officer, courtroom  and court security officer, and process service officer shall be required to complete compulsory in-service training and annual firearms training in accordance with the requirements of 6VAC20-30 Rules Relating to Compulsory in-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of Operations.

FORMS (6VAC20-50)

Application for Exemption from Virginia Compulsory Minimum Training Standards, Form W-2 (rev. 8/05).