Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 20. Department Of Criminal Justice Services
Chapter 120. Regulations Relating to Criminal History Record Information Use and Security
12/3/2020

6VAC20-120-100. Administrative sanctions.

Discovery of violations or failure to comply with this chapter in whole or in part will occasion the following sanctions. Additional criminal penalties and other sanctions may be invoked as provided in 6VAC20-120-50 should the violation involve an unauthorized dissemination.

1. Law-enforcement agencies.

a. Should a law-enforcement agency fail to comply with this chapter, a letter will be forwarded by the department to either the chief of police or sheriff, citing the problem and notifying the police department or the sheriff's department that the matter will be referred to the chief official of the locality or local commonwealth's attorney, respectively, if a satisfactory result is not forthcoming. The criminal justice agency shall have 10 business days to respond with a letter describing how the situation was remedied or explaining why there is no need to do so.

b. Should there be no satisfactory response after the 10 business day period, the matter will be referred to the offices of the city, county, or town manager or the local commonwealth's attorney requesting resolution of the matter within 30 days.

c. If 30 days have passed and the matter fails to be resolved to the satisfaction of the department, the matter will be referred to the Criminal Justice Services Board and the Office of the Attorney General for action.

2. Courts.

a. Should a court or officer of the court fail to comply with this chapter, a letter will be forwarded by the department to the court, citing the problem and notifying the court clerk that the matter will be referred to the chief judge of the locality and the local commonwealth's attorney if a satisfactory result is not forthcoming. The court shall have 10 business days to respond with a letter describing how the situation was remedied or explaining why there is no need to do so.

b. Should there be no satisfactory response after the 10 business day period, the matter will be referred to the chief judge requesting resolution of the matter within 30 days. The Executive Secretary of the Supreme Court of Virginia will also be notified.

c. If 30 days have passed and the matter fails to be resolved to the satisfaction of the department, the matter will be referred to the Criminal Justice Services Board and the Chief Justice of Virginia.

Statutory Authority

§§ 9.1-102 and 9.1-131 of the Code of Virginia.

Historical Notes

Derived from VR240-02-1 § 2.8, eff. April 1, 1986; amended, Volume 06, Issue 04, eff. January 1, 1990; Volume 10, Issue 07, eff. February 1, 1994; Volume 33, Issue 03, eff. November 4, 2016.

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