Proposed Text
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(s) 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 or CRC" 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, which 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, which 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. 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:
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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 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 outcomes may be found on the Department of Criminal Justice Services' website at www.dcjs.virginia.gov in the document titled, Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards.
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 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.
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
in 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 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 noncustodial employee shall be required to complete all compulsory
minimum training standards set forth in 6VAC20-70 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
training requirements at a certified training academy or satellite facility.
B. Full-time attendance is required of all noncustodial Noncustodial
employees attending an approved training school a certified training
academy or satellite facility. Noncustodial employees are required to
attend all classes and 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. 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 or
designee on forms provided by the department. The director or designee
may approve those schools trainings 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 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 Training shall will
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) upon which the suspension or
revocation is based, to the school's academy's 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) upon which
the suspension or revocation is based, to the school's academy's
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. 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 all the requirements of this Chapter. Certified
training academies and satellite facilities shall utilize testing procedures
which indicate that every noncustodial employee, prior to completion of the
training academy, has met the requirements set forth in each performance
outcome specified in the document Virginia Criminal Justice Services Training
Manual and Compulsory Minimum Training Standards located on the Department of
Criminal Justice Services' website at www.dcjs.virginia.gov.
B. All noncustodial employees shall attain a minimum grade
score of 70% on all tests for in 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 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.
C. 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. The academy director shall submit a grade report on each
noncustodial employee on forms provided by the department.
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.)
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. 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. 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. 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 submit a Form 41 within 60 days of completions of compulsory training conducted at the certified training academy.
1. The Form 41 shall contain the names of officers completing entry level training.
2. The Form 41 shall only contain the names of officers whose agencies are members of the reporting academy for in-service training.
3. Each Form 41 shall be signed by the academy director or designee.
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 these rules and the Virginia Public Records Act § 42.1-76 et seq. of the Code of Virginia.
6VAC20-70-115. In-Service for Noncustodial Employees and Annual Firearms Training.
A. Noncustodial employees as defined in 6VAC20-70-10 shall complete a total of 40 hours (every two years) of in-service 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.
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% 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.
6VAC20-70-120. 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.)
Amended: April 1, 1987.