Administrative Code

Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 20. Department of Criminal Justice Services
7/8/2020

Chapter 30. Rules Relating to Compulsory in-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of Operations

6VAC20-30-10. 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 any chief of police, sheriff or agency head of a state or local law-enforcement agency, or corrections agency.

"Board" means the Criminal Justice Services Board.

"Certified training academy" 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.

"Criminal justice officer" means a law-enforcement officer, jailor or custodial officer, courtroom security officer, process service officer and officers of the Department of Corrections, Division of Operations. Officers of the Department of Corrections, Division of Operations, means a correctional officer, sergeant, lieutenant, captain, major, assistant superintendent, superintendent, assistant warden and warden.

"Cultural diversity training" means training that is designed to ensure sensitivity to and awareness of cultural diversity and the potential for biased policing.

"Department" means the Department of Criminal Justice Services.

"Director" means the chief administrative officer of the department.

"Multimedia" means distance learning methods to include video, film, disc, computer-based training, Internet-based training or satellite-based training.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 1, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; Volume 23, Issue 9, eff. February 9, 2007.

6VAC20-30-20. Applicability.

A. Every person employed as a law-enforcement officer, as defined by § 9.1-101 of the Code of Virginia, shall meet compulsory in-service training standards as set forth in 6VAC20-30-30 A.

B. Every person employed as a jailor or custodial officer under the provisions of Title 53.1 of the Code of Virginia shall meet compulsory in-service training standards as set forth in 6VAC20-30-30 B.

C. Every person employed as a courtroom security or process service officer under the provisions of Title 53.1 of the Code of Virginia shall meet compulsory in-service training standards as set forth in 6VAC20-30-30 C.

D. Every person employed as an officer of the Department of Corrections, Division of Operations as defined herein shall meet compulsory in-service training standards as set forth in 6VAC20-30-30 A.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 2, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; Volume 23, Issue 9, eff. February 9, 2007; Volume 33, Issue 2, eff. October 20, 2016.

6VAC20-30-30. Compulsory in-service training standards.

Pursuant to the provisions of subdivisions 1, 3, 4, 5, 7, 8, and 9 of § 9.1-102 of the Code of Virginia, the board establishes the following as the compulsory in-service training standards for law-enforcement officers, jailors or custodial officers, courtroom security officers, process service officers and officers of the Department of Corrections, Division of Operations.

A. Law-enforcement officers and corrections officers... TOTAL 40 Hours

1. Cultural diversity training... 2 Hours

2. Legal training... 4 Hours

Subjects to be provided are at the discretion of the academy director of a certified training academy and shall be designated as legal training.

3. Career development/elective training... 34 Hours

a. Subjects to be provided are at the discretion of the academy director of a certified training academy.

b. No more than four hours may be applied to firearms qualification as provided in 6VAC20-30-80.

B. Jailors or custodial officers... TOTAL 24 Hours

1. Cultural diversity training... 2 Hours

2. Legal training... 4 Hours

Subjects to be provided are at the discretion of the academy director of a certified training academy and shall be designated as legal training.

3. Career development/elective training... 18 Hours

a. Subjects to be provided are at the discretion of the academy director of a certified training academy.

b. No more than four hours may be applied to firearms qualification as provided in 6VAC20-30-80.

C. Courtroom security officers and process service officers... TOTAL 16 Hours

1. Cultural diversity training... 2 Hours

2. Legal training... 4 Hours

Subjects to be provided are at the discretion of the academy director of a certified training academy and shall be designated as legal training.

3. Career development/elective training... 10 Hours

a. Subjects to be provided are at the discretion of the academy director of a certified training academy.

b. No more than four hours may be applied to firearms qualification as provided in 6VAC20-30-80.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 3, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; Volume 23, Issue 9, eff. February 9, 2007; Volume 33, Issue 2, eff. October 20, 2016.

6VAC20-30-40. Time requirement for completion of training.

A. Every law-enforcement officer, jailor or custodial officer, court security officer, process service officer, and officers of the Department of Corrections must complete compulsory in-service training by December 31 of the second calendar year following satisfactory completion of the entry-level compulsory minimum training standards, and must complete compulsory in-service training by December 31 of every other calendar year thereafter. In-service training hours may be carried over from the first calendar year to the second calendar year of the two-year period. However, should the required training be completed within the first calendar year of the two-year period, such training shall be reported to the department and a new due date for completion of in-service training shall be established for December 31 of the second calendar year following the completion date of such training.

B. Mandated in-service training shall be conducted in no less than two-hour sessions and must be under the authority of a certified training academy and meet all requirements for conducting mandated training.

C. The director may grant an extension of the time limit for completion of in-service training under the following conditions:

1. The chief of police, sheriff or agency administrator shall present written notification that the officer was unable to complete the required training within the specified time limit due to:

a. Illness;

b. Injury;

c. Military service;

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

e. 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

f. Any other reason documented by the agency administrator. Such reason must be specified and an anticipated completion date provided. The department will determine and approve a reasonable timeframe based upon the justification provided with the extension request.

2. Requests for extension of the time limit shall be received prior to the expiration of the normal in-service time limit.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 4, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; Volume 23, Issue 9, eff. February 9, 2007.

6VAC20-30-50. How compulsory in-service training standards may be attained.

A. In-service training school/sessions.

1. In-service training shall be obtained by attending and completing an approved in-service training school or a series of approved in-service training sessions which combined comply with the compulsory in-service training standards. Such training must be attended at a certified training academy unless provided otherwise in accordance with 6VAC20-30-50 B and C.

2. Criminal justice officers attending approved in-service training shall not be placed on duty or on call except in cases of emergency.

3. Individuals who maintain training certification in secondary functions may comply with the compulsory in-service training standards by attending 40 hours of approved in-service training, provided that all legal training requirements are included for the designated secondary function(s) and that the career development/elective training is job related.

B. Partial in-service credit.

1. Individual. Upon written request of the chief of police, sheriff or agency administrator, the director may authorize attendance and successful completion of job-related courses for partial in-service credit. Such request shall be submitted no later than 60 days following the last day of the course. Whenever possible, such request should be submitted prior to the beginning date of the course. Any request for partial in-service credit shall include the name of the sponsoring agency, name and location of the course, and a curriculum which shall include at a minimum the date, time and instructor for each subject included in the course. Attendance shall be documented and submitted to the department for approval.

All such requests from the Department of Corrections shall be reviewed and endorsed by the training manager prior to being forwarded to the department for consideration.

2. Course. The director may approve job-related training courses offered by training providers that have not been certified as criminal justice academies as meeting the requirements to receive partial in-service credit. Requests for such approval shall be submitted 60 days prior to the commencement of the course on forms provided by the department. Courses meeting the minimum criteria may be approved for one year or until the course content is revised, whichever occurs first. The sponsoring provider shall document attendance. It shall be the responsibility of the officer receiving training to ensure that documentation of attendance is submitted to a certified training academy for tracking and subsequent submission to the department. The sponsoring agency shall also certify to the agency administrator that the officer successfully completed the course. The department shall only consider for approval requests from providers where there is an indication that criminal justice officers from Virginia have attended or will attend the course for which approval is requested.

This subdivision shall not apply to any criminal justice agency or certified training academy in this Commonwealth.

C. In-service credit for multi-media criminal justice programming.

1. Tested multimedia training. Training received via multimedia programs utilizing computer-generated or agency-administered objective-based testing may be applied toward in-service credit if:

a. The training program is approved by the academy director or designee, and the instructional topic is directly related to criminal justice;

b. A post-viewing objective-based examination covering the instructional material is administered to the student by the academy director or designee, or administered via the multimedia presentation, and the student has no access to the examination or ability to affect, alter, or destroy the examination questions or examination results;

c. The student achieves a minimum passing score of 70% or above on a postviewing examination, scored by the academy director or designee, or the computer;

d. All postviewing examinations administered, and their results, shall be maintained in accordance with the appropriate Library of Virginia retention schedule. These records shall be made available to the department upon request.

2. Administrative requirements. The academy director of the certified academy that approves multimedia training shall determine the number of hours of in-service credit to be awarded for each multimedia training session.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 5, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; Volume 23, Issue 9, eff. February 9, 2007.

6VAC20-30-60. Requirements for in-service training.

A. In-service training shall be provided under the authority of a certified academy. At the option of the certified academy, such training may be conducted by the main academy or at an approved satellite academy. The certified academy may conduct training at an offsite facility if the facility is approved and an academy staff member acts as the coordinator for the program. The academy director shall provide the department field coordinator the date, time, and location of such training at least seven days in advance of the program. Failure to provide such notification negates the training approval. All necessary records must be maintained and documentation kept on file in accordance with the certified academy policy. Roll call training shall not be approved for in-service training.

B. In-service training that is approved shall be subject to inspection and review by the department. The department may deny in-service credit for any training that is not in compliance with training standards.

C. A certified instructor may receive in-service credit for training conducted on an hour-for-hour basis. No more than 16 hours may be credited for in-service training per two-year in-service period. In addition, each topic may be credited toward in-service training only once per two-year in-service period. This provision only applies to the instructor that prepares and conducts the training. In-service credit is expressly prohibited for role players and evaluators.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 6, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; Volume 23, Issue 9, eff. February 9, 2007.

6VAC20-30-70. Testing and grading.

A. In-service testing is optional, but strongly encouraged and recommended.

B. All sheriffs, chiefs of police, and agency administrators shall be exempted from in-service testing.

C. Tests for mandatory training should be developed in accordance with the approved lesson plan and objectives for each subject. Testing may be in the form of written or performance tests.

D. A minimum score of 70% should be attained on all written tests. Performance testing requires satisfactory completion of performance objectives.

E. Each certified training academy shall maintain accurate records of attendance, tests, and testing procedures, where applicable, utilized in in-service training schools. Training records shall be maintained in accordance with §§ 42.1-76 through 42.1-91 of the Code of Virginia.

F. Each certified training academy should establish and maintain a testing and retesting policy. Testing, retesting and remedial training, where applicable, may be provided as necessary within the time limit in which the officer is required to comply with in-service training requirements.

G. Any criminal justice officer who fails to attain a minimum passing score on any tested subjects and upon exhausting the provisions of academy's testing and retesting policy should be provided remedial training. Remedial training may be provided at the certified training academy where the initial training was received by the officer or at the officer's employing agency. Upon completion of remedial training, the officer should be retested on the course material originally failed.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 7, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992.

6VAC20-30-80. Firearms training.

A. Every criminal justice officer 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. The list of approved courses is identified under the performance outcomes for weapons and firearms training in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards available on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov/law-enforcement. Annual range qualification shall include a review of issues/policy 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. No minimum number of hours is required.

1. Law-enforcement officers, jailors or custodial officers, courtroom security officers, and process service officers shall qualify annually with a minimum passing score of 70% on one of the applicable firearms courses required by subsection A of this section.

2. Officers of the Department of Corrections, Division of Operations shall qualify annually with a minimum passing score of 70% on one of the applicable firearms courses required by subsection A of this section.

B. Possession of or immediate availability of special weapons by law-enforcement officers, jailors or custodial officers, courtroom security officers, civil process officers and officers of the Department of Corrections, Division of Operations.

1. All agencies whose personnel possess, or have available for immediate use, shotguns or other similar special weapons, shall design an appropriate qualification weapons program and require all applicable personnel to complete annually.

2. The course, number of rounds to be fired and qualification score shall be determined by the agency or approved training school. Documentation of such qualification programs shall be available for inspection by the director or staff.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 8, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; Volume 23, Issue 9, eff. February 9, 2007; Volume 29, Issue 5, eff. December 20, 2012; Volume 33, Issue 2, eff. October 20, 2016.

6VAC20-30-90. Failure to comply with rules and regulations.

Officers attending approved in-service training shall comply with the rules and regulations promulgated by the board and any other rules and regulations within the authority of the academy director. 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 conduct of the academy, the academy director may expel the officer. Notification of such action shall immediately be reported in writing to the agency administrator and the director.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 9, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992.

6VAC20-30-100. Administrative requirements.

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

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-2 § 10, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992.

6VAC20-30-110. (Repealed.)

Historical Notes

Derived from VR240-01-2 § 11, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; repealed, Virginia Register Volume 33, Issue 2, eff. October 20, 2016.

6VAC20-30-120. (Repealed.)

Historical Notes

Derived from VR240-01-2 § 12, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; repealed, Virginia Register Volume 33, Issue 2, eff. October 20, 2016.

6VAC20-30-130. (Repealed.)

Historical Notes

Derived from VR240-01-2 § 13, eff. January 1, 1988; amended, Virginia Register Volume 5, Issue 18, eff. July 5, 1989; Volume 8, Issue 16, eff. July 1, 1992; repealed, Virginia Register Volume 33, Issue 2, eff. October 20, 2016.

Forms (6VAC20-30)

Individual Partial In-Service Credit, DCJS Form PIC-1 (rev. 11/05).



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