Final Text
CHAPTER 50
COMMUNITY DIVERSION PROGRAM STANDARDS (REPEALED)
Part I
Introduction
Article 1
Definitions
6VAC15-50-10. Words and terms defined. (Repealed.)
The following words and terms when used in these standards
shall have the following meaning unless the context clearly indicates
otherwise:
"Behavioral contract" means a written agreement
between the offender and the program containing at a minimum:
1. A provision that the offender shall not change residence
without prior notification to the case manager;
2. The number of community service hours to be completed;
3. A provision for restitution, if applicable;
4. Behavioral or treatment goals, or both;
5. A provision for intensive supervision;
6. A statement that the offender shall remain in the program
until released by the court; and
7. A signed statement by the offender, witnessed by program
staff, agreeing to abide by the contract.
"Case file" means the information that shall be
maintained in a central location on each offender, and which shall contain, at
a minimum:
1. Pre-sentence or Post-Sentence report (PSI) for a felon
offender, if available.
2. All diagnostic evaluation information purchased by or
made available to the program.
3. Document of referral signed by the judge or clerk of
court. This may not be applicable for misdemeanants.
4. Document of Diversion signed by the judge or clerk of
court.
5. Behavioral contract.
6. Community Service Agreement.
7. Offender's current address, phone number (if available),
date of birth, and social security number.
8. Offender contract summaries.
9. Documentation of services provided.
10. Documentation of termination.
"Case manager" means the person designated by the
program director to perform intensive supervision of offenders, or to monitor
offenders' compliance with the terms of behavioral contracts.
"Community Service Agreement" means a written
agreement between the offender and the program staff, containing at a minimum:
1. Work site agency;
2. Work site supervisor;
3. Work site location;
4. Job duties;
5. Service hours required;
6. Time frame for completion.
"Eligibility criteria" means the minimum
requirements which shall be met by an offender for the Community Corrections
Resources Board to evaluate for diversion, to recommend diversion to the referring
court, and for the offender to participate in a local community diversion
program. The criteria shall contain, at a minimum:
1. Each offender shall have received a sentence to be
incarcerated in a state or local adult correctional institution;
2. Each offender shall be nonviolent as determined by the
Community Corrections Resources Board. The Community Corrections Resources
Board shall define "nonviolent";
3. No offender shall have a demonstrated pattern of violence
as determined by the Community Corrections Resources Board;
4. No offender shall have any outstanding criminal charges,
detainers, or dispositions which would preclude eventual program participation;
5. Each offender shall be deemed suitable for program
participation by the Community Corrections Resources Board's determination that
an appropriate, rational behavioral contract can be developed.
"Intensive supervision for local offenders" means
at least two face-to-face contacts each 30 days after the program staff is made
aware of the diversion. These contacts shall be with the program director or
the person he has designated in writing to monitor compliance with the terms of
the behavioral contract. At least one of these contacts shall be made by
appropriate program staff. The initial contact shall be made by appropriate
program staff within seven days after the program staff is made aware of the
diversion. Within 30 days after the program staff is made aware of the
diversion, one of the contacts shall be made at the offender's home by appropriate
program staff. Subsequent face-to-face home contacts shall be made within every
90-day period until termination; the offender's place of residence shall be
verified monthly by program staff. Home contacts are not required for an
offender living out-of-state, but verification of the offender's place of
residence shall be documented monthly by program staff.
"Intensive supervision for state offenders" means
at least one weekly, face-to-face contact with appropriate program staff to
monitor compliance with the terms of the behavioral contract. The first weekly
contact shall be made within seven days after the program staff is made aware
of the diversion. During each calendar month, one of these contacts shall be
made at the offender's home by appropriate program staff. The first home
contact shall be made within 30 days after the program staff is made aware of
the diversion.
"Local offender" means an individual who has been
sentenced to a term which would result in incarceration in a local adult correctional
institution.
"Program" means the plan or system of diversion
services of a unit of government or of a public or private agency as outlined
in §§ 53.1-180 through 53.1-185 of the Code of Virginia.
"Program contract" means the Community
Corrections Contract between the Department of Corrections and the program that
sets forth the terms and conditions for funding and program operation.
"Program staff" means any program administrator,
program director, case manager, or clerical worker who is employed by,
contracts with, or volunteers services to the program.
"State offender" means an individual who has been
sentenced to a term which would result in incarceration in a state adult
correctional institution.
Article 2
Legal Base
6VAC15-50-20. Authority for development of Community
Diversion Program Standards. (Repealed.)
The Code of Virginia is the legal base for the development
of Community Diversion Program Standards. Section 53.1-182 of the Code of Virginia
directs the State Board of Corrections to prescribe standards for the
development, operation, and evaluation of programs and services authorized by
the Community Diversion Incentive Act (§ 53.1-180 et seq.).
Article 3
Administration
6VAC15-50-30. Effect on prior standards. (Repealed.)
The Community Diversion Program Standards, adopted by the
Board of Corrections on May 7, 1989, are superseded effective July 1, 1991.
6VAC15-50-40. Application of standards. (Repealed.)
The primary responsibility for application of these
standards shall be with the program administrator.
Part II
Program Administration and Management
Article 1
Community Corrections Resources Board
6VAC15-50-50. Community Corrections Resources Board. (Repealed.)
Each program shall have a Community Corrections Resources Board
whose composition and duties shall be in compliance with the Community
Diversion Incentive Act.
6VAC15-50-60. Adoption of bylaws; freedom of information.
(Repealed.)
Each Community Corrections Resources Board shall adopt
bylaws for the conduct of business in compliance with the Freedom of Information
Act, §§ 2.1-340 through 2.1-346.1 of the Code of Virginia.
Article 2
Administrative Responsibility
6VAC15-50-70. Duties of program administrator. (Repealed.)
Each program shall have a program administrator who is an
administrative officer of a unit of government or of a public or private agency
and who is responsible for applying for Community Diversion Incentive Act
funds, receiving these funds, administering these funds, and ensuring full
implementation of the program contract.
6VAC15-50-80. Duties of program director. (Repealed.)
Each program shall also have a program director who is
responsible for the overall daily administration of the program.
6VAC15-50-90. Scope and organization of authority. (Repealed.)
The program's lines of authority, including an
organizational chart and written roles and responsibilities of the program staff
and the Community Corrections Resources Board, shall be documented.
6VAC15-50-100. Orientation of members and staff. (Repealed.)
The program director shall provide Community Corrections
Resources Board members and program staff with orientation as to their respective
duties and responsibilities within 30 days of appointment or employment.
6VAC15-50-110. Recruitment, selection, training, supervision,
and termination of volunteers. (Repealed.)
The Community Corrections Resources Board of each program
utilizing volunteers or unpaid staff shall develop and implement written policies
and procedures for the recruitment, selection, training, supervision and
termination of those volunteers or unpaid staff.
6VAC15-50-120. Agreement as to roles and responsibilities.
(Repealed.)
There shall be a written agreement between the program
director and each volunteer or unpaid staff member that outlines the roles and responsibilities
of the volunteer or unpaid staff member.
6VAC15-50-130. Required training. (Repealed.)
The program director and all full-time program staff,
excluding clerical staff, employed by the program shall complete a minimum of
40 hours of Department of Corrections approved training annually. Part-time program
staff and clerical staff shall complete a minimum of 20 hours of Department of
Corrections approved training annually.
6VAC15-50-140. Bond. (Repealed.)
All program staff shall be bonded.
6VAC15-50-150. Reports. (Repealed.)
The program shall submit financial, offender, and program
activity reports and data as required by the Department of Corrections.
Article 3
Policy and Procedure Manual
6VAC15-50-160. Policy and procedure manual. (Repealed.)
The Community Corrections Resources Board shall develop a
written policy and procedure manual for program administration and operation.
6VAC15-50-170. Provision of manual to chief judges. (Repealed.)
The policy and procedure manual shall be provided to each
chief judge of the judicial circuits and districts the program serves.
Part III
Fiscal Management
Article 1
Responsibility
6VAC15-50-180. Implementation of written policies and
procedures. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures to approve and monitor program
finances.
Article 2
Maintenance of Financial Records
6VAC15-50-190. Audit records. (Repealed.)
Audited financial records shall be maintained by the
program director for at least three years. Unaudited financial records and completed
audits shall be retained for the duration of the program and shall be made
available to the Department of Corrections upon request.
Article 3
Operation Within a Budget
6VAC15-50-200. Budget. (Repealed.)
Each program shall operate within a Department of
Corrections approved budget.
Part IV
Offender Participation in Program
Article 1
Eligibility
6VAC15-50-210. Offender eligibility criteria. (Repealed.)
The Community Corrections Resources Board shall establish
written offender eligibility criteria which include, at a minimum, the Board of
Corrections' Eligibility Criteria (see 6VAC15-50-10). These offender
eligibility criteria shall be approved by the Department of Corrections.
6VAC15-50-220. Offender referral. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for offender referral.
6VAC15-50-230. Interaction with courts. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for providing the judge of the
referring court the recommendations of the board on offenders.
Article 2
Evaluation
6VAC15-50-240. Offender evaluation. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for offender evaluation.
Article 3
Diversion
6VAC15-50-250. Offender diversion. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for offender diversion.
6VAC15-50-260. Offender participation. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for the development of an
appropriate, rational behavioral contract for each offender participating in
the program.
Article 4
Termination
6VAC15-50-270. Offender termination. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for offender termination.
6VAC15-50-280. Role, in offender termination, of sentencing
court. (Repealed.)
The offender's termination shall be determined by the
sentencing court.
Part V
Case Files
Article 1
Case File Maintenance
6VAC15-50-290. Offender case file. (Repealed.)
The program director shall maintain individual offender
casefiles.
6VAC15-50-300. Protection of case files. (Repealed.)
Offender case files shall be secured to protect against
loss, theft, or unauthorized use.
Article 2
Confidentiality of Offender Information
6VAC15-50-310. Confidentiality, dissemination, and
maintenance of offender information. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures to govern the confidentiality,
dissemination, and maintenance of offender information. These shall be in
compliance with all applicable state and federal laws, including the Freedom of
Information Act (§§ 2.1-340 through 2.1-346.1 of the Code of Virginia), the
Privacy Protection Act (§§ 2.1-377 through 2.1-386 of the Code of Virginia),
the Virginia Public Records Act (§§ 42.1-76 through 42.1-91, of the Code of
Virginia), and § 19.2-389 of the Code of Virginia (Dissemination of Criminal
History Record Information).
Part VI
Offender Management
Article 1
Intensive Supervision
6VAC15-50-320. Requirement of supervision. (Repealed.)
Intensive supervision shall be required for each diverted
offender and documented in the case file.
6VAC15-50-330. Supervision in lieu of transfer. (Repealed.)
In lieu of a transfer, intensive supervision may be
temporarily provided by another program's appropriate program staff if it is mutually
agreed upon and the supervision is documented in the diverting program's case
file.
6VAC15-50-340. Placement of an offender in a residential
treatment facility. (Repealed.)
Placement of an offender in a residential treatment
facility shall not satisfy the intensive supervision requirements while the offender
is in residence at the facility. The residential treatment facility shall
provide written monthly progress reports and a termination summary on the
offender to the program.
6VAC15-50-350. Interruption of supervision. (Repealed.)
Intensive supervision requirements for an offender may be
interrupted by the program director for a period not to exceed 15 days, under
the following circumstances:
1. Inclement weather prevents supervision;
2. Court action has been requested for successful
termination;
3. Excused absences for employment, training, vacation,
military duty, medical emergencies, or family emergencies of the offender;
4. Offender incarcerated.
When intensive supervision is temporarily interrupted, such
fact and circumstances shall be documented in the case file. Restoration of
intensive supervision shall also be documented.
6VAC15-50-360. Interruption of supervision by the Department
of Corrections; extraordinary circumstances. (Repealed.)
Intensive supervision requirements for an offender may be
interrupted by the Department of Corrections under extraordinary circumstances for
a period not to exceed 90 days. When the Department of Corrections interrupts
the supervision requirements, such fact, circumstances, and documentation shall
be included in the case file. Restoration of intensive supervision shall also
be documented.
Article 2
Offender Monitoring
6VAC15-50-370. Monitoring compliance with behavioral
contract. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for the monitoring of an offender's compliance
with the terms of the behavioral contract.
6VAC15-50-380. Behavioral contract violations. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for major and minor behavioral
contract violations as defined by the Community Corrections Resources Board.
Article 3
Transfer of Cases
6VAC15-50-390. Transfer of offenders to and from other
programs. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures to allow for the transfer of offenders
to and from other programs.
6VAC15-50-400. Retention of jurisdiction. (Repealed.)
The referring program director or Community Corrections
Resources Board, or both, shall approve or deny the proposed transfer of an offender
to another program and shall, along with the sentencing court, retain
jurisdiction over the offender.
6VAC15-50-410. Notification of transfer. (Repealed.)
Prior to the transfer, the referring program director shall
provide written notification to the chief probation and parole officer in the referring
and receiving districts of the transfer of an offender under consecutive or
concurrent probation supervision.
6VAC15-50-420. Approval of transfer. (Repealed.)
The receiving program director or the Community Corrections
Resources Board, or both, shall approve the proposed transfer of an offender
from a referring program, provided the offender meets the receiving program's
eligibility criteria.
6VAC15-50-430. Treatment and supervision costs of transfer.
(Repealed.)
The referring program director shall be responsible for all
treatment and supervision costs of an offender who is transferred to another
program.
6VAC15-50-440. Documentation of supervision by referring
program director. (Repealed.)
The referring program director shall document that
intensive supervision is being provided to an offender who may be transferred
until the transfer process is completed.
6VAC15-50-450. Duties of receiving program director. (Repealed.)
The receiving program director shall provide intensive
supervision and monitor compliance with the terms of the referring program's
behavioral contract of the transferred offender, and shall provide written
monthly progress reports documenting such supervision and monitoring to the
referring program director.
6VAC15-50-460. Respective roles of referring and receiving
program directors. (Repealed.)
The referring program director shall document that the
receiving program director is providing intensive supervision and is monitoring
the transferred offender's compliance with the terms of the behavioral
contract.
6VAC15-50-470. Maintenance of case file of transferee. (Repealed.)
The referring program director shall maintain a case file
on an offender transferred to another program.
6VAC15-50-480. Return of transferee for noncompliance. (Repealed.)
The receiving program director may return the transferred
offender to the referring program director for noncompliance or a change in offender
circumstances, provided the receiving program director documents such
noncompliance or change in circumstances and communicates such information to
the referring program director with at least 10 days notice prior to the
return.
6VAC15-50-490. Completion of behavior contract; notification
of referring program director. (Repealed.)
The receiving program director shall notify the referring
program director of the completion of the transferred offender's behavioral contract,
with the request that the referring program director recommend termination by
the diverting court.
6VAC15-50-500. Notification of court; termination. (Repealed.)
The referring program director shall notify the diverting
court of the successful or unsuccessful completion of a transferred offender and,
after termination by the diverting court, shall close the offender's case
according to local procedures.
6VAC15-50-510. Continuing supervision by receiving program
director. (Repealed.)
The receiving program director shall continue to provide
intensive supervision until the offender's case is terminated by the diverting court
or the offender is returned to the referring program.
6VAC15-50-520. Maintenance of transferee case file by
receiving program. (Repealed.)
The receiving program shall maintain a case file on each
offender transferred to the program.
Article 4
Restitution
6VAC15-50-530. Victim restitution. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for victim restitution.
Article 5
Community Service
6VAC15-50-540. Community service. (Repealed.)
Community service shall be required of each offender
participating in the program.
6VAC15-50-550. Development and implementation of policies and
procedures for community service. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures for community service. Such service shall
be unpaid and performed at public or private nonprofit agencies.
6VAC15-50-560. Assignment of community service hours. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures to ensure equitable and consistent
assignment of community service hours.
6VAC15-50-570. Range of community service hours. (Repealed.)
The Community Corrections Resources Board shall establish a
standard range of community service hours.
6VAC15-50-580. On-site supervision. (Repealed.)
Documented on-site supervision of each offender performing
community service shall be provided by a work site supervisor. Work site
supervision shall be at no cost to the program.
Part VII
Offender Services
Article 1
Establishment of Services and Service Providers
6VAC15-50-590. Assessment of the offenders' needs and
community resources. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures to establish services for offenders
based on an assessment of the offenders' needs and community resources.
6VAC15-50-600. Recruitment, screening, and selection of
service providers. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures to recruit, screen, and select
service providers.
Article 2
Purchases of Services
6VAC15-50-610. Purchase of offender services. (Repealed.)
The Community Corrections Resources Board shall develop and
implement written policies and procedures to monitor the purchase of offender
services.
6VAC15-50-620. Financial allowances. (Repealed.)
The program director may only purchase services on behalf
of the offender; no direct financial allowances are to be made to an offender.
6VAC15-50-630. Contracts with service providers. (Repealed.)
Routine offender services, including evaluations, shall be
purchased through written formal contracts or agreements with service
providers.
6VAC15-50-640. Emergency use of offender service funds. (Repealed.)
Offender service funds may be used for the purchase of
emergency services for food, clothing, housing, medical services and
transportation. Food or housing services shall continue for no longer than 31
days. Emergency services shall not be a regular stipend or support for the
offender.
Article 3
Residential Services
6VAC15-50-650. Facility compliance with state and local
health and fire regulations. (Repealed.)
The program director shall document that the facilities in which
offenders are placed for residential treatment are in compliance with
applicable state and local health and fire regulations.