Agencies | Governor
Virginia Regulatory Town Hall

Preliminary Draft Text

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Action:
CH 0020 Review of Rules Relating to Compulsory Minimum Training ...
Stage: NOIRA
10/2/17  3:56 PM

6VAC20-20-10. 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 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 training academy" means a training facility in compliance with academy certification standards operated by the state or local units of government for the purpose of providing instruction of compulsory minimum training standards training criminal justice personnel.

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

"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 certified academies. Four members of the committee shall represent regional criminal justice academies, four members of the committee shall represent independent criminal justice 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.

"Director" means the chief administrative officer of the department or his designee.

6VAC20-20-20. Compulsory minimum training standards.

Pursuant to the provisions of subdivision 2 of § 9-170 § 9.1-102 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.

A. Pursuant to the provisions of subdivision 2 of § 9.1-102 of the Code of Virginia, the board establishes the categories and hours standards for the Compulsory Minimum Training Standards for Law-Enforcement Officers 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.

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)

6VAC20-20-25. Approval authority.

A. The Criminal Justice Services Board shall be the approval authority for the training categories and hours of the compulsory minimum training standards. 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 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, an 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 hours and 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.

6VAC20-20-30. Applicability.

A. Every person employed as a full-time or part-time law-enforcement officer, as defined by § 9-169 (9) § 9.1-102 of the Code of Virginia, subsequent to July 1, 1971, shall satisfactorily complete the compulsory minimum training standards for law-enforcement officers.

B. The director may grant an exemption or partial exemption from the compulsory minimum training standards set forth in 6VAC20-20-21 to a law-enforcement officer of any 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 person not employed as a full-time or part-time law-enforcement officer on July 1, 1971, who remains out of 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 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 required to comply with the compulsory minimum training standards shall satisfactorily complete such training within 12 months of the date of appointment as a law-enforcement officer.

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 present evidence the officer was unable to complete the required training within the specified time limit due to:

a. Illness;

2 b. Injury;

3 c. Military service;

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

5e. 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 f. Any other reason documented by the agency administrator. Such reason shall be specified and if approval is granted it shall not exceed 90 days. Failing academy testing or the certification exam is not a valid reason to request an extension.

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

C. Law-enforcement officers who do not complete training within 12 months of employment as a law-enforcement officer, or who do not receive an extension of the time limit for completion of training, shall be subject to the provisions of § 9-181 §§ 9.1-114 and 9.1-115 of the Code of Virginia. The department shall notify the agency administrator of any officer not in compliance with the requirements of this section.

6VAC20-20-50. Compliance with compulsory minimum training standards.

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. 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.

6VAC20-20-61. Certified training academies.

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, to the requirements of subsection A, 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 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.

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. Law enforcement training may only be provided by a certified training academy.

E. The certified training academy shall submit to the department its curriculum and other information included but not limited to performance outcomes by number, instructors, and the dates and times for the proposed session as designated within time limitations established by the department. Trainings may be approved which, on the basis of curricula, instructors, facilities, and examinations provide the required minimum training.

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.

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'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 business 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. 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.

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 business 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. 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.

6VAC20-20-70. Grading.

A. Academy testing

1. Law enforcement officers shall comply with all the requirements of 6VAC20-20.

2. All certified training academies shall utilize testing procedures which indicate document that every officer, has passed all criteria for testing and met all the  training objectives related to each performance outcome has satisfactorily completed the criteria in each training objective approved by the Committee on Training of the Criminal Justice Services Board within in the time limits of 6VAC20-20-40.

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 academy's written policy.

B. Certification exam.

1. All certified training academies shall document that each officer has complied with all minimum training standards in all categories identified in 6VAC20-20-21 prior to scheduling the state law enforcement certification exam.

2. Law enforcement officers shall attain a minimum score of 70% on the state law enforcement certification examination for each graded category identified in 6VAC20-20-21.

C. Law enforcement officers become certified upon meeting all compulsory minimum training requirements which include documented completion of all performance outcomes, the state certification exam and field training for law enforcement. 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.

6VAC20-20-80. 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 individual from the academy. Notification of such action shall 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.

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

B. The agency administrator shall forward a properly executed field training form to the department for each officer, within 12 months of employment.

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. The academy director shall furnish each instructor with 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.

F. 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).

6VAC20-20-95. In-service and annual firearms training.

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.