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Virginia Regulatory Town Hall

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Action:
Promulgate new regulation relating to minimum training standards ...
Stage: NOIRA

CHAPTER 290

RULES RELATING TO MINIMUM TRAINING STANDARDS FOR JUVENILE CORRECTIONS OFFICERS

6VAC20-290-10. Definitions.

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

"Agency administrator" means the director of the Department of Juvenile Justice, or his designee.

"Approved training academy" means a training academy 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 juvenile corrections officers.

"Board" means the Criminal Justice Services Board.

"Curriculum Review Committee" means the committee consisting of nine individuals representing the Department of Juvenile Justice. One member representing human resources, one member who is a frontline supervisor from a juvenile correctional center, one juvenile corrections officer (JCO) from a juvenile correctional center, one casework representative, one institutional training officer, two training coordinators, one shift supervisor, and one program supervisor from the training academy staff.  

"Juvenile correctional center superintendent" means the chief administrative officer of a correctional center.

"Juvenile corrections officer" means the security series staff whose primary job responsibilities are for (i) maintaining the safety, care, and well-being of residents; (ii) implementing the structured program of care and the behavior management program; and (iii) maintaining the security of the facility.

"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 field training and shall not be placed on duty until all compulsory minimum training standards have been successfully completed.

"Training academy director" means the chief administrative officer of the training academy.  

6VAC20-290-20. Compulsory Minimum Training Standards.

A.      Pursuant to the provisions of subdivision 9 of § 9.1-102 of the Code of Virginia, the board establishes these standards for compulsory minimum training standards for juvenile corrections 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 – Security and Supervision

2.  Category 2 – Communications

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

ACADEMY TRAINING HOURS - 210

C.      Field training.

Category 9 – Field Training

FIELD TRAINING HOURS – 100

TOTAL MINIMUM TRAINING STANDARD HOURS - 310

6VAC20-290-25. 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 an agency administrator, academy training facility 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 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 the 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.

6VAC20-290-30. Applicability.

A. Every person employed as a juvenile corrections officer subsequent to the effective date of these regulations shall meet the training standards herein established unless provided otherwise in accordance with subsection B. Juvenile corrections officers employed prior to July 1, 2015 shall not be required to meet the compulsory minimum training standards provided for in 6VAC20-290-20.

B. The director may grant an exemption or partial exemption of the compulsory minimum training standards established herein, in accordance with § 9.1-116 of the Code of Virginia.

6VAC20-290-40. Time requirement for completion of training.

A. Effective July 1, 2015, each juvenile corrections 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 unless provided otherwise in accordance with 6VAC20-290-20.

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. Illness;

2. Injury;

3. Military service;

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

5. 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. Any other reason documented by the agency administrator.  Such reason shall be specified and approved extensions shall not exceed 90 days.

C. Any juvenile corrections officer who originally complied with all training requirements and later separated from juvenile corrections officer status, for a period of less than 24 months, upon reentry as a juvenile corrections officer will not be required to complete compulsory training standards set forth in 6VAC20-290-20 for Basic Juvenile Corrections Officer Training, but will be required to complete annual retraining requirements as set forth in 6VAC20-290-100 prior to resuming duty.

D. Any juvenile corrections officer who originally complied with all training requirements and later separated from corrections officer status, for a period of 24 months or greater, upon reentry as a juvenile corrections officer, shall be required to complete all compulsory minimum training standards set forth in 6VAC20-290-20.

6VAC20-290-50. How minimum training may be attained.

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

B. Students attending the approved training academy are required to be present for all classes except in cases of a personal emergency.  In the event of such emergency, the agency administrator shall advise the academy director within 24 hours.  Students will be responsible for any material missed during an excused absence.

6VAC20-290-60. Approved training courses.

A. Training academies 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.  The director may approve those courses 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, performance objective by number, the instructors, dates, and times for the entire proposed session shall be submitted to the department 30 days prior to the beginning of each such proposed session.  An exemption to the 30-day requirement may be granted by the director for good cause shown by the academy director.

B. Each academy director shall 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. Academies which are approved shall be subject to inspection and review by the department or staff.

D. The department may suspend the approval of an approved course upon written notice, which shall contain the reason(s) upon which the suspension is based to the academy director.  The 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 days of the date of the notice of suspension.  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 days of the date of the decision of the director or his designee.

6VAC20-290-70. Grading.

A. Each juvenile corrections officer required to meet the compulsory minimum training standards shall comply with the requirements of all the performance objectives set forth in 6VAC20-290-20.  The training academy shall utilize testing procedures which indicate that each officer, prior to satisfactory completion of the training academy, has met the requirements set forth in each performance objective specified in the document located on the Department of Criminal Justice Services website at www.dcjs.virginia.gov.  An officer may be tested and retested as may be necessary within the time limits of 6VAC20-290-40 and in accordance with the 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.

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

C. All juvenile corrections officers shall attain a minimum grade of 70% in each grading category to satisfactorily complete the compulsory minimum training standards.  A juvenile corrections officer shall not be certified as having complied with the compulsory minimum training standards unless all applicable requirements have been met.

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

6VAC20-290-80. Failure to comply with rules and regulations.

Any juvenile corrections officer attending the training academy shall comply with the rules and regulations promulgated by the board and any other rules, regulations, policies and procedures within the authority of the academy director or the agency administrator.  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.

6VAC20-290-90. Administrative Requirements.

A. Reports shall be required from the agency administrator and academy director on forms approved by the department and at such times as designated by the director.

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

1. Prepare an original grade report on each officer and maintain the report for academy records.

2. Submit to the department a roster containing the names of those officers who have satisfactorily completed all training requirements on a form provided by the department and if applicable, a revised curriculum for the training session.

C. The academy director shall make available to each instructor a complete set of course resumés and the applicable performance objectives for the assigned compulsory subject matter.

D. Approved training academies shall maintain accurate records of all tests, grades and testing procedures.  Training academy records shall 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).

6VAC20-290-100. Recertification.

A. Each juvenile corrections officer shall complete 40 hours of annual retraining to include the below topics and address any other professional development needs by December 31 of each calendar year.

1. Suicide prevention.

2. Maintaining appropriate professional relationships.

3. Appropriate interaction among staff and residents.

4. Child abuse and neglect  and mandatory reporting requirements.

5. Resident rights, including but not limited to the prohibited actions provided for in 6VAC35-71-550 (prohibited actions).

6. Behavior management and techniques.

7. Other topics as required by the department and any applicable state and federal statutes or regulation.

8. Training sufficient to maintain a current certification in first aid and cardiopulmonary resuscitation.

9. All juvenile corrections officers approved to apply physical restraints as provided in 6VAC35-71-1130 (physical restraint) shall be trained as needed to maintain the applicable current certification.

10. All juvenile corrections officers approved to apply mechanical restraints shall be retrained annually as required by 6VAC35-71-1180 (mechanical restraints).

B.  Juvenile corrections officers who have not timely completed required retraining shall not be allowed to have direct care responsibilities pending completion of the retraining requirements.