Virginia Regulatory Town Hall
 

Preliminary Draft Text

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Action:
New Regulation for the Compulsory Minimum Training Standards for ...
Stage: NOIRA
3/8/23  7:31 AM
 
6VAC20-105-10 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, agency head of a state or local law-enforcement agency, or the director of the Department of Corrections.

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

"Board" means the Criminal Justice Services Board.

"Compulsory minimum training standards" means the written performance outcomes approved by the Committee on Training and the minimum training hours approved by the Criminal Justice Services Board.

"Committee on Training" or "COT" means the standing committee of the Board that is charged with reviewing proposed changes to the standards, receiving and reviewing public comments, 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.

6VAC20-105-20 Compulsory minimum training standards

A. Pursuant to the provisions of subdivision 9 of § 9.1-102 of the Code of Virginia, the Department under the direction of the Board establishes the compulsory minimum training standards for full-time or part-time correctional officers of the Department of Corrections.

B. Pursuant to the provisions of subdivision 56 of § 9.1-102 of the Code of Virginia, the Department shall establish compulsory minimum training standards for detector canine handlers employed by the Department of Corrections. Officers employed as detector canine handlers with the Department of Corrections shall comply with the following:

1. Successfully complete approved training identified in 6VAC20-100, the Compulsory Minimum Training Standards and Performance Outcomes for Basic Corrections Officers.

2. Successfully complete approved training identified in the Virginia Department of Criminal Justice Services Compulsory Minimum Training Standards and Performance Outcomes for Detector Canines and Handlers.

6VAC20-105-30 Approval authority

A. The Committee on Training 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 COT based upon written recommendation of the director of the Department of Corrections or the Curriculum Review Committee.

B. Before approving changes to the performance outcomes, training objectives, criteria, or lesson plan guides, the COT shall schedule an opportunity for public comment during a meeting of the COT. A minimum of 60 days before the meeting of the COT, the proposed changes shall be distributed for an 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.

C. The Department shall notify The Department of Corrections’ training academy in writing of any COT approved revisions. COT approved revisions require a minimum of 30 days’ notice prior to becoming effective.

6VAC20-105-40 Applicability

A. A person employed as a full-time or part-time correctional officer with the Department of Corrections, working as a detector canine handler, shall satisfactorily complete the compulsory minimum training standards identified in 6VAC-20-105-20.

B. The Director of Criminal Justice Services may grant an exemption or partial exemption from the compulsory minimum training standards and the requirements set forth in 6VAC20-105-20 to a correctional officer employed as a detector canine handler who has had previous experience and training as a canine handler, as provided in § 9.1-116 of the Code of Virginia.

C. A person not employed as a full-time or part-time correctional officer, working as a detector canine handler with the Department of Corrections, who remains out of Department of Corrections employment for more than 24 months, upon reappointment, shall be required to comply with the compulsory minimum training standards and the requirements identified in 6VAC20-105-20.

6VAC20-105-50 Attendance and testing

A. Attendance.

1. Correctional officers attending approved training are required to attend all classes and shall not be placed on duty or on call as a detector canine handler, except in cases of an emergency. If there is an emergency (e.g., natural disaster, catastrophic event, etc.) the agency administrator or designee shall determine if it is appropriate to place such an officer on duty or on call, and shall notify the Chief of Corrections Operations within 24 hours.

2. Officers shall be responsible for any material missed during an excused absence.

B. Testing.

1. Officers shall comply with the testing requirements set forth by the Department of Corrections.

2. Officers shall meet all of the training objectives and pass each criteria for testing related to every performance outcome approved by the Committee on Training.

3. An officer may be tested and retested at the discretion of the Department of Corrections, and in accordance with the Department of Corrections’ written policy.

6VAC20-105-60 Administrative requirements

A. Records and documentation shall be open to audit, inspection, and review by the department upon request.

B. Training records shall 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).

6VAC20-105-70 Failure to comply with rules and regulations

A. Any individual attending training for the Department of Corrections detector canine handler training program shall comply with the rules and regulations promulgated by the department. The director of training shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.

B. Individuals violating the rules and regulations governing the Department of Corrections determined to be detrimental to the welfare of the academy, the safety of other officers, the canines, visitors, or other personnel may be expelled from the program.

C. Notification of an expulsion will immediately be reported, in writing, to the agency administrator and the department.

6VAC20-105-9999 Documents Incorporated by Reference (6VAC20-105)

Compulsory Minimum Training Standards for Detector Canines and Handlers Employed by the Department of Corrections