Administrative Code

Virginia Administrative Code
Title 6. Criminal Justice and Corrections
Agency 20. Department of Criminal Justice Services
1/17/2020

Chapter 90. Rules Relating to Criminal Justice Training Academies

6VAC20-90-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Academy director" means the chief administrative officer of a certified criminal justice training academy.

"Agency administrator" means any chief of police, sheriff, or agency head of a state or local law-enforcement agency or agency head of a local correctional facility as defined in § 53.1-1 of the Code of Virginia.

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

"Board" means the Criminal Justice Services Board.

"Certified criminal justice training academy" means a training facility or campus in compliance with academy certification or recertification standards operated by the state or local units of government that is owned, leased, rented, or used exclusively for the purpose of training criminal justice professionals regulated by the department and board. Approved firing ranges, driving tracks, and defensive tactics training rooms are considered part of the academy facility, subject to review during academy certification and recertification.

"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.

"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.

"Department" means the Department of Criminal Justice Services.

"Designee" means one who acts with the authority of the chief executive of the agency.

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

"External training location" means a training location approved by the department located away from the certified criminal justice training academy, which the certified criminal justice training academy uses to conduct mandated training using full-time and part-time academy staff with general instructorships.

"Mandated training" means training that satisfies compulsory minimum training requirements (i.e., basic and in-service training).

"Regional Academy" means a regional criminal justice academy as defined by § 15.2-1747 of the Code of Virginia.

"Satellite facility" means a temporary facility located away from the certified academy facility, which the certified academy uses exclusively to conduct in-service training.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-13 § 1, eff. April 1, 1991; amended, Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-20. Designation.

A. The regional academies set forth in this subsection are designated as regional academies and are eligible to receive allocated funds from the department.

Cardinal Criminal Justice Academy

Central Shenandoah Criminal Justice Training Academy

Central Virginia Criminal Justice Academy

Crater Criminal Justice Academy

Hampton Roads Regional Academy of Criminal Justice

New River Criminal Justice Training Academy

Northern Virginia Criminal Justice Academy

Piedmont Regional Criminal Justice Training Academy

Rappahannock Regional Criminal Justice Academy

Skyline Regional Criminal Justice Academy

Southwest Virginia Criminal Justice Academy

B. Jurisdictions may operate their own certified independent training academies if approved by the department; however, no state funds will be available for such academies. A jurisdiction, within or without the Commonwealth, may join a regional academy subject to complying with the requirements of §§ 15.2-1300 and 15.2-1747 of the Code of Virginia, and this chapter.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-13 § 2, eff. April 1, 1991; amended, Virginia Register Volume 13, Issue 18, eff. July 1, 1997; Volume 33, Issue 4, eff. July 1, 2017; Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-30. Academy governing body.

Each regional academy shall have a charter, which shall be established in accordance with §§ 15.2-1300 and 15.2-1747 of the Code of Virginia.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-13 § 3, eff. April 1, 1991; amended, Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-40. Funds.

The department will disburse funds to the regional academies designated in 6VAC20-90-20 in accordance with the appropriations made to the department for the purpose of providing financial support to the regional training academies. An operating budget and independent audit by a third-party auditor will be required to be submitted to the department annually.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from VR240-01-13 § 4, eff. April 1, 1991; amended, Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-50. [Repealed]

Historical Notes

Derived from VR240-01-13 § 5, eff. April 1, 1991; repealed, Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

6VAC20-90-60. Academy creation.

A. Conduct training needs assessment. To determine if a need exists for the creation of a certified criminal justice training academy, a state or local unit of government must complete a training needs assessment. The needs assessment will evaluate the following:

1. The inability to obtain adequate training from existing academies.

2. A hardship that renders the use of other existing academies impractical.

3. The number of criminal justice professionals (i.e., students) the certified criminal justice training academy would serve.

4. That there are a sufficient number of criminal justice professionals, financial resources, and academy personnel to support the creation and maintenance of a full-time regional or independent training academy for a minimum of five years.

B. Identify and acknowledge commitments. The state or local unit of government shall in writing make the following commitments:

1. The provision of a full range of training to include basic training, in-service training, and instructor certification and recertification training.

2. The assignment of one position with primary responsibility as academy director and one clerical, financial officer or support position to support training and training-related functions.

3. The provision of adjunct instructors to instruct classes and courses.

4. The maintenance of a training facility adequate to conduct training in accordance with academy certification standards.

5. The commitment of sufficient funding to adequately support the training function.

C. Review and consideration.

1. The state or local governmental unit shall submit a training needs assessment and written commitments to the Committee on Training (COT) as described in subsections A and B of this section.

2. The department and the COT shall review and consider assessments after reviewing the mutual agreement documents signed by the separating agency and the certified criminal justice training academy.

3. The COT shall review the assessment and make a recommendation to the department as to whether the creation of an academy is warranted.

4. If the COT recommends the creation of the proposed academy, the department shall make a determination as to whether the creation of an academy is warranted.

a. If the creation of a regional academy is approved by the department, the governing bodies or political subdivisions of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of § 15.2-1747 of the Code of Virginia.

b. If the creation of an independently operated academy is approved by the department, the governing body of the proposed academy must successfully complete the academy certification process and be in compliance with the provisions of subsection D of § 15.2-1747 of the Code of Virginia.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-70. Academy certification.

A. An academy shall not conduct mandated training until the academy meets all certification requirements.

B. Training academies, all places of operation (i.e., satellite facilities, external training locations, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced or unannounced.

C. The academy must formally request academy certification status from the department and meet the following requirements:

1. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy certification.

2. The academy shall meet 100% of the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report in each of the following categories:

a. Administration;

b. Personnel;

c. Facility;

d. Instruction; and

e. Satellite facility.

3. Certification is valid for one year from the date of certification.

a. In order to maintain certification status, the academy must successfully complete the academy recertification process before the expiration of the original certification.

b. The recertification will extend the expiration date to June 30 of the third year following the date of recertification.

D. If the academy does not meet one or more certification standards identified in the DCJS Certified Criminal Justice Training Academy Certification Checklist and Report:

1. The academy director will receive written notification of the certification standards that have not been met and the date when a reassessment will be conducted.

2. The department shall provide the written notification and date of reassessment within five business days of the last date of assessment.

3. The academy will be given time to correct the noncompliance, not to exceed 60 days.

4. Department staff shall reassess the academy. If the academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator or board chairman of the academy. The academy will have a maximum of 30 days to comply with all certification standards.

5. A second reassessment will be conducted no later than 30 days following the first reassessment. If the academy is still not in compliance with all certification standards at the time of the second reassessment, the department shall not certify the academy.

6. The academy director may appeal the findings of the academy certification to the director. The decision of the director is final.

E. Academies failing to meet the certification requirements or losing on appeal shall restart the academy certification process identified within this section beginning with 6VAC20-90-70 C.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-80. Academy recertification.

A. A certified criminal justice training academy shall not conduct mandated training for courses in which it is not in compliance with regulatory and certification requirements.

B. A certified criminal justice training academy, all places of operation (i.e., satellite facilities, firing range, driving course, etc.), and the records are subject to audit, inspection, and review by the department. Audits and inspections may be announced and unannounced.

C. The certified criminal justice training academy must successfully complete the academy recertification process before June 30 of the third year from the last date of recertification.

D. The department will establish a mutually agreeable date with the academy director and conduct the on-site assessment for academy recertification.

1. The certified criminal justice training academy shall be assessed for compliance with the academy certification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report in each of the following categories:

a. Administration;

b. Personnel;

c. Facility;

d. Instruction; and

e. Satellite facility.

2. If the certified criminal justice training academy does not meet one or more recertification standards identified in the DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report:

a. The academy director will receive written notification of the recertification standards that have not been met along with a department drafted corrective action plan and the date when a reassessment will be conducted within five business days from the last date of assessment.

b. The certified criminal justice training academy will be given time to correct the noncompliance, not to exceed 60 days.

c. The department staff shall reassess the certified criminal justice training academy. If the certified criminal justice training academy does not meet one or more of the certification standards upon reassessment, the department will provide written notification of the standards not met during reassessment to the academy director and agency administrator, or board chairman of the certified criminal justice training academy. The certified criminal justice training academy will have a maximum of 30 days to comply with all certification standards.

d. A second reassessment will be conducted no later than 30 days following the first reassessment. If the certified criminal justice training academy is not in compliance with all certification standards or has failed to adopt and implement the department issued corrective action plan at the time of the second reassessment, the director shall suspend the academy's certification in accordance with 6VAC20-90-100 and conduct a hearing within 30 days to determine the status of the academy's certification.

E. The director shall review all pertinent documents.

1. The academy will have an opportunity to make a verbal presentation.

2. After a review of all pertinent information, the director shall determine the status of the academy certification.

F. The academy director may seek appeal to the enforcement actions identified in 6VAC20-90-100 of the academy recertification assessment.

1. The academy director may request a hearing before the Executive Committee of the Criminal Justice Services Board. The request shall be in writing and shall be received by the department within 15 days of the date of the notice of probation, suspension, or revocation.

2. The academy will have an opportunity to make a verbal presentation before the executive committee.

3. After a review of all pertinent information, the executive committee shall determine the status of the certification.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-90. Training requirements, approvals, audits, inspections, and reviews.

A. The certified criminal justice training academy shall conduct mandated (e.g., basic) training using the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards for:

1. Law enforcement officers in accordance with the requirements of 6VAC20-20-21 B 1.

2. Deputy sheriffs and jail officers in accordance with the requirements of 6VAC20-50-20 B 1.

3. Courthouse and courtroom security officers in accordance with the requirements of 6VAC20-50-20 C 1.

4. Deputy sheriffs designated to serve process in accordance with the requirements of 6VAC20-50-20 D 1.

5. Dispatchers in accordance with the requirements of 6VAC20-60-20 B.

6. Noncustodial employees of the Department of Corrections designated by the Director of the Department of Corrections to carry a weapon in accordance with the requirements of 6VAC20-70-20.

7. Correctional officers of the Department of Corrections in accordance with the requirements of 6VAC20-100-20 B 1.

B. The certified criminal justice training academy shall submit to the department its curriculum containing the performance outcomes, instructor names, and the dates and times for all basic training, including all instructor schools and field training officer schools, and a letter requesting approval (e.g., memorandum of transmittal) at least 30 days before the start of the course.

C. The department shall review the documents submitted, and if approved, the department shall notify the certified criminal justice training academy in writing of course approval.

D. The certified criminal justice training academy shall approve in-service training in accordance with the requirements identified in 6VAC20-30.

E. The department shall conduct training audits, inspections, and review.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-100. Enforcement actions for recertification.

A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter that varies from the intent of this chapter by academies and certified criminal justice training academies.

1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific duration of time.

2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter for a specific duration of time.

3. Revocation is a written notification by the director of the deactivation and removal of authorization issued under certification to operate as a certified criminal justice training academy for violations of this chapter for an indefinite period of time.

B. The enforcement actions and procedures provided in this subsection are not mutually exclusive. The department may invoke as many enforcement actions as the situation requires.

1. The department may consider probation, suspension, or revocation status for a certified criminal justice training academy with documented noncompliance for one or more academy recertification standards when the certified criminal justice training academy has failed to correct the noncompliance in accordance with the recertification process and timeline identified in 6VAC20-90-80.

2. If there is a life, health, or safety issue or felonious criminal activity occurring during any department or academy approved training, at any location, the director may unilaterally revoke the academy's certification. The status of the revocation shall be reviewed at the next scheduled Criminal Justice Services Board meeting.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-110. Enforcement actions for instruction and training.

A. The department shall use the enforcement actions provided in this subsection when identifying noncompliance of this chapter by certified training academies.

1. Probation is a written notification for violations of department rules or regulations requiring continuous oversight by the department for a specific course or class.

2. Suspension is a written notification of the removal of authorization to conduct, instruct, or hold specified courses or schools for violations of this chapter.

B. The department may conduct training audits inspections and reviews and immediately suspend a class, course, or training if there is a violation of academy certification or recertification standard or requirements or if there is a life, health, or safety issue or felonious criminal activity occurring at an academy or a satellite facility. The suspension shall remain in place until the noncompliance is corrected.

C. The department may assign probation status to a certified criminal justice training academy's course or class. This allows a certified academy to conduct a class with oversight from the department.

D. Probation and suspension status shall be reviewed by the department upon compliance with all requirements.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-120. Attendance, testing, grading, and recordkeeping.

A. The certified criminal justice training academy shall establish, maintain, and follow a policy that requires criminal justice professionals to attend all classes except in emergency situations (i.e., natural disaster, catastrophic event, etc.) and notify criminal justice professionals of their responsibility for any material missed during an excused absence per academy policy.

B. The certified criminal justice training academy shall utilize testing procedures that indicate that every criminal justice professional has satisfactorily completed the criteria for every training objective and performance outcome approved by the Committee on Training of the Criminal Justice Services Board and located in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards.

C. A criminal justice officer may be tested and retested as may be necessary within the time limits of 6VAC20-20-40, 6VAC20-50-40, 6VAC20-60-40, 6VAC20-70-40, or 6VAC20-100-40 and in accordance with each certified criminal justice training academy's written policy.

D. Law-enforcement certification exam.

1. The department shall generate and proctor the law-enforcement certification exam.

2. All certified training academies shall document that each law-enforcement officer has complied with all minimum training standards in all categories identified in 6VAC20-20-21 before scheduling the law-enforcement certification exam.

3. Upon documented compliance with the minimum training standards identified in 6VAC20-20-21 officers will be eligible to complete the law-enforcement certification exam.

E. The academy director shall certify each criminal justice professional has complied with the applicable rules relating to the compulsory minimum training standards and requirements. The academy director shall submit the following information using the department's electronic training records management system within 60 days of the last day of completing the compulsory minimum training or in-service training.

1. Name of certified criminal justice training academy and academy director's name;

2. Start and end dates of training;

3. Name and type of course;

4. Social security number of criminal justice professionals;

5. Last name, first name, and middle initial of criminal justice professionals;

6. Name of criminal justice professional's employing agency; and

7. Academy director's signature and date.

F. Certified criminal justice training academies shall maintain accurate records of all tests, grades, and testing procedures.

G. The certified criminal justice training academy director shall maintain a file of all current lesson plans and supporting material for training objectives and shall provide this information to the director upon request.

H. The certified criminal justice training academy shall maintain training records in accordance with the provisions of this chapter and the Virginia Public Records Act (§ 42.1-76 et seq. of the Code of Virginia).

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

6VAC20-90-130. Failure to comply with rules and regulations.

A. The academy director shall be responsible for enforcement of all rules and regulations established to govern the conduct of attendees.

B. Any individual attending a certified criminal justice training academy shall comply with the rules and regulations promulgated by the certified criminal justice training academy and the department.

C. Individuals violating the rules and regulations governing the certified criminal justice training academy or violating the rules of the certified criminal justice training academy determined to be detrimental to the welfare of the academy or the safety of criminal justice professionals, visitors, or personnel may be expelled.

D. Notification of expulsion will immediately be reported in writing to the agency administrator of the individual and the department.

Statutory Authority

§ 9.1-102 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. July 1, 2019.

Documents Incorporated by Reference (6VAC20-90)

DCJS Certified Criminal Justice Training Academy Certification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services

DCJS Certified Criminal Justice Training Academy Recertification Checklist and Report, May 2018, Virginia Department of Criminal Justice Services

Satellite Facility Worksheet, May 2018, Virginia Department of Criminal Justice Services

Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards, published online September 2012, (Revised September 2018) available on the Virginia Department of Criminal Justice Services website at https://www.dcjs.virginia.gov/law-enforcement/manual



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