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Virginia Regulatory Town Hall

Proposed Text

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Action:
Enhance Compulsory Minimum Training Standards - Noncustodial ...
Stage: Proposed
6VAC20-70-10

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.:

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

"Agency administrator" means 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.

"Board" means the Criminal Justice Services Board.

"Certified training academy" means a training facility in compliance with academy certification standards and operated by the state or local unit or units of government for the specific purpose 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.

"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.

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

"Full-time attendance" means noncustodial employees in training shall attend all classes and shall not be placed on duty, on post, or call, except in cases of an emergency, while completing compulsory minimum training requirements.

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

"Satellite facility" means a facility located away from the certified academy facility that the certified academy uses to conduct mandated training. This definition specifically excludes firing ranges, driver training sites and physical fitness or defensive tactics sites, which may be located away from the certified academy facility. Commercial conference and training facilities, such as hotels and motels, that are used for mandated training are specifically excluded from this definition.

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

6VAC20-70-20

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:

 

 

 

 

Hours

 

1. General

 

1

 

 

a. Orientation

 

 

 

 

b. Evaluation

 

 

 

2. Skills

 

4

 

a. Firearms (Four hours classroom plus range firing)

 

3. Legal Matters

 

3

 

a. Corrections and Related Law

1

 

 

 

b. Legal Responsibility and Authority of Employees

2

 

 

 

TOTAL

8 plus range

A. Pursuant to the provisions of § 9.1-102 of the Code of Virginia, the department under the direction of the board shall establish 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 have been designated to carry a weapon by the Director of the Department of Corrections are required to complete 80 hours of 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; and

9. Category 9 – Firearms Training.

ACADEMY TRAINING HOURS – 80

6VAC20-70-25

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, 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 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. 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 publication in the Virginia Register.

6VAC20-70-30

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 in 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;

2. The noncustodial employee originally complied with all the compulsory minimum training requirements of 6VAC20-100 (Rules Relating to compulsory Minimum Training Standards for Correctional 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.

6VAC20-70-40

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 this chapter have been satisfactorily completed.

B. Every noncustodial employee, so designated, shall satisfactorily complete the compulsory minimum training standards for noncustodial employees within 120 days 12 months of assuming a position which that 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 compulsory in-service training and complete annual firearms training set forth in 6VAC20-70-115.

E. Any noncustodial employee who originally complied with all training requirements and later separated from noncustodial employee or corrections officer status, for a period greater than 24 months, upon reentry as a noncustodial employee shall be required to complete all compulsory minimum training standards set forth in this chapter.

6VAC20-70-50

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

A. The compulsory minimum training standards shall be attained by attending and satisfactorily completing an approved training school training requirements at a certified training academy or satellite facility.

B. Noncustodial Full-time attendance is required of all noncustodial employees attending an approved training school are required to attend all classes and a certified training academy or satellite facility. Noncustodial employees should not be placed on duty, on post, or on call except in cases of emergency. In the event of an emergency, the agency administrator or designee shall determine if it is appropriate to place a noncustodial employee on duty, on post, or on call and shall advise the academy director within 24 hours. Noncustodial employees shall be responsible for any material missed during an excused absence.

6VAC20-70-60

6VAC20-70-60. Approved training schools and certified academies.

A. Noncustodial employees employee training schools must 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 or designee using the Department of Criminal Justice Services electronic records management system for compulsory minimum standards and in-service training. The director or designee may approve those schools which trainings that 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 days prior to the beginning of each proposed session within the time limits established by the department. An exemption to the 30 day requirement established time limitations may be waived granted by the director for good cause shown by the school academy director.

B. Each school academy 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 will Training shall be subject to inspection and review by the director or staff, or both.

D. The department may suspend or revoke the approval of an approved previously sanctioned training school upon written notice, which shall contain the reason(s) reasons upon which the suspension or revocation is based, to the school's academy director. The school's academy 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 or 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.

E. The department may suspend or revoke the approval of an approved training school certification of a certified training academy upon written notice, which shall contain the reason(s) reasons upon which the suspension or revocation is based, to the school's academy director. The school's academy 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 or 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.

6VAC20-70-70

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. Noncustodial employees shall comply with the requirements of this chapter. Certified training academies and satellite facilities shall utilize testing procedures that indicate that every noncustodial employee, prior to completion of the training academy, has B. All noncustodial employees shall attain attained a minimum grade score of 70% in on all tests for each grading category identified in 6VAC20-70-20 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 certified training academy may require noncustodial employees to attain a score greater than 70% on tests. A noncustodial employee shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.

B. A noncustodial employee may be tested and retested as may be necessary within the time limits of 6VAC20-70-40 and according to each certified 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

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

The following firearms training will be applicable to noncustodial employees of the Department of Corrections who have been designated to carry a weapon:

1. Classroom - Service handgun, shotgun and special weapons (four hours).

a. Nonmenclature and Care of Weapons

b. Safety

c. Legal Aspects of Firearms Use

d. Principles of Shooting

e. Special Weapons (as utilized by the Department of Corrections) - Familiarization, no firing

2. Range.

a. Service Handgun.

(1) combat course (double action)

60 rounds

Silhouette Target

Qualification - 70% (5 points per hit on silhouette)

(Minimum 210 points out of a possible 300 points)

(2) Course.

7 yards - two handed crouch - 6 rounds (one on whistle)

7 yards - two handed crouch - 6 rounds (two on whistle)

7 yards - two handed crouch - 12 rounds (30 seconds from whistle)

15 yards - two handed point shoulder - 6 rounds (one on whistle)

15 yards - two handed point shoulder - 6 rounds - (two on whistle)

15 yards - two handed point shoulder - 12 rounds (30 seconds from whistle)

25 yards - two handed point shoulder - 6 rounds (10 seconds/right hand)

25 yards - two handed point shoulder - 6 rounds (10 seconds/left hand)

b. Shotgun

10 rounds

Bobber Target

No. 4 Buck

Qualification - 80% (10 points per hit on bobber target)

25 yards - shoulder position - 10 rounds

6VAC20-70-90

6VAC20-70-90. Recertification. (Repealed.)

A. All noncustodial employees shall recertify every other calendar year by satisfactorily completing the firearms training 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.

6VAC20-70-100

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

A. Noncustodial employees attending an approved training school a certified training academy or satellite facility shall comply with the rules and regulations promulgated by the department board and any other rules and regulations within the authority of the school academy director. The director of the school academy shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees. If the school academy director considers a violation of the rules and regulations detrimental to the welfare of the school certified training academy, the school academy director may expel the noncustodial employee from the school academy. Consistent with Department of Corrections' policy, notification 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 agency administrator or designee.

6VAC20-70-110

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. 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 or satellite facility.

B. The school director shall, within 30 days upon completion of an approved training school, comply with the following: 1. Submit The academy director shall prepare a grade report on each officer maintaining the original for academy records and forwarding a copy to the agency administrator or designee. The academy director 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, if applicable.

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

D. The certified training academy shall maintain accurate records for all noncustodial employees of all tests, grades, and testing procedures. Approved training academy records must 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).

6VAC20-70-115

6VAC20-70-115. In-service training for noncustodial employees and annual firearms training.

A. Every two years, noncustodial employees as defined in 6VAC20-70-10 shall complete a total of 40 hours of in-service training as identified in this subsection by December 31 of the second calendar year after completing an approved training academy.

1. Cultural diversity training - two hours.

2. Legal training - four 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 or elective training - 34 hours. Subjects to be provided are at the discretion of the academy director of an approved training academy.

B. Firearms training.

1. 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.

2. Noncustodial employees shall qualify annually with a minimum cumulative passing score of 70%.

6VAC20-70-120

6VAC20-70-120. Effective date. (Repealed.)

These rules shall be effective on and after July 1, 1987, and until amended or repealed.

6VAC20-70-130

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

Amended: April 1, 1987.

6VAC20-70-9998

FORMS (6VAC20-70)

Criminal Justice Training Roster, Form 41, eff. 1/93.