Part IV. Compulsory Minimum Training Standards for Bail Bondsmen
Article 1
Training Requirements
6VAC20-250-130. Entry-level training.
A. Each bail bondsman as defined by § 9.1-185 of the Code of Virginia, must meet the compulsory minimum training standards herein established, unless provided for otherwise in accordance with this regulation.
B. Training must be completed at a private security services training school certified or licensed by the department.
C. Training will be credited only if application for licensure is submitted to the department within 12 months of completion of training.
D. Hour requirement. The compulsory minimum entry-level training hour requirement by category, excluding examinations, practical exercises and range qualification, shall be:
1. Bail bondsman core training - 40 hours
2. Firearms training - 14 hours
E. Course content. The compulsory minimum entry-level training course content by category, excluding examinations, mandated practical exercises and range qualification, shall be as provided in this subsection.
Core subjects. The entry-level curriculum set forth the following areas identified as:
I. Orientation - two hours.
A. Ethical standards
1. Professionalism
2. Misrepresentation
3. Conflicts of interest
4. Information protection, confidentiality, and discretion requirements
B. Brief introduction to Code of Virginia and regulations relating to bail bondsman
II. Law - 12 hours plus one practical exercise.
A. Code of Virginia and regulations relating to bail bondsman
1. Definitions
2. Licensing procedures and requirements
3. Compulsory minimum training standards
4. Standards of practice and prohibited acts
5. Administrative requirements/standards of conduct
6. Administrative reviews, complaints, procedures, and responsibilities
B. Basic law
1. Legal terminology and definitions
2. Purpose and function of law
3. U.S. Constitution
a. Amendments
b. Bill of Rights
4. Landmark cases
5. Limitations and liability
C. Surety and property law
1. Surety bail bondsman
a. Insurance companies
b. Agent vs. attorney-in-fact
c. Virginia qualification requirements
2. Property bail bondsman
a. Virginia property requirements
b. Agent requirements
D. Courts
1. Civil court system
a. Federal
b. State
c. Local jurisdiction
d. Definitions
e. Civil judicial procedures
2. Criminal court system
a. State and federal
b. Legal authority and related issues
c. Liability concerns
d. Definitions/interpretations
e. Magistrates
E. Release from legal obligation
1. When defendant answers charge
2. Circulate the bail piece release
3. Special considerations
a. The recognizance
b. Preliminary hearing
c. Bond continuation pending pre-sentence report
d. Sentencing
e. Withhold findings
f. Bond reinstatement
III. Fugitive recovery - 24 hours plus one practical exercise.
A. Legal procedures
1. Bondsman's legal right to recover
2. Notice of show cause hearing
3. Entry of finding of default
4. Payment of forfeiture
5. Recovery: 24 months from entry of finding of default
6. Section 9.1-185.15 of the Code of Virginia, recovery of bailees
B. Criminal statutes
1. Liability considerations/liability insurance
2. Case law
3. Law enforcement
a. State
b. Federal
4. Reasonable force to effect apprehension
C. Use of recovery agents in Virginia
1. Virginia legal requirements
2. Recovery agents authority
3. Employee vs. independent contractor
4. Liability considerations/liability insurance
D. Investigative techniques
1. Surveillance
2. Court research
3. Law-enforcement coordination
4. Interviewing
5. Impersonation and misrepresentation
6. Reference materials and resource list
7. Skip-tracing techniques
8. Fugitive identification
E. Recovery procedures
1. Pursuit
a. Foot
b. Vehicular
c. Other
2. Entry and search
3. Perimeter/interior room control
F. Agent survival
1. Confrontation management
2. Use of force
3. Deadly force
4. Escalation of force
5. Emergency procedures
G. Apprehension of a fugitive
1. Compliant versus noncompliant procedures
2. Search of person
a. Personal items
b. Seizure of contraband
3. Handcuffing techniques
4. Rights of the accused
5. Detainment and transportation
6. Interstate transport
7. False arrest
IV. Responsibilities of bondsman and remanding to custody two hours plus one practical exercise.
A. Recovery in Virginia
B. Recovery out of Virginia; Uniform Extradition Act
C. International recovery
D. Legal detainment facilities
E. Entering the jail or sally port
F. Signing the bail piece/return to court
G. Hospital procedures for injuries
V. Documentation - two hours plus one practical exercise.
A. Required by the courts
B. Required by DCJS
C. Recordkeeping
D. Reporting
E. Retaining records
VI. Written examination
Total hours (excluding exam) - 40 hours
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-140. In-service training.
A. Each person licensed with the department as a bail bondsman shall complete the compulsory in-service training standards within the last 12 months preceding the expiration date of licensure. If in-service training is not completed by the expiration date of licensure, entry-level training will be required pursuant to initial licensure requirements pursuant to 6VAC20-250-40.
B. Course content. The compulsory minimum in-service training course content by category, excluding examinations, practical exercises and range qualification, shall be as follows:
Bail Bondsman core subjects:
1. Legal authority - 2 hours
2. Job-related training - 6 hours
Total hours - 8 hours
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-150. In-service alternative training credit.
Persons who have completed training that meets or exceeds the compulsory minimum training standards promulgated by the board for in-service training required for the individual's particular category may be authorized credit for such training, provided the training has been completed within 12 months of the expiration date of the licensure period during which in-service training is required. Such training must be provided by a third-party organization offering services or expertise for the particular training category. Official documentation of the following must accompany the application for in-service alternative training credit:
1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session;
2. An outline of the training session material, including the dates, times and specific subject matter;
3. Proof of attendance and successful completion; and
4. The applicable, nonrefundable application fee.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-160. Training extension.
A. An extension of the time period to meet in-service training requirements may be approved only under specific circumstances, which do not allow bail bondsmen to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:
1. Extended illness;
2. Extended injury; and
3. Military or foreign service.
B. A request for extension shall:
1. Be submitted in writing, dated and signed by the licensee prior to the expiration date of the time limit required for completion of the requirements;
2. Indicate the projected date that the person will be able to comply with the requirements; and
3. Include a copy of the physician's record of the injury or illness or a copy of the government orders.
C. No extension will be approved for licenses that have expired.
D. Applications for additional extensions may be approved upon written request of the licensee.
E. Approved extensions may only be granted for a period not to exceed 12 months.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
Article 2
Firearms Training Requirements
6VAC20-250-170. General firearms training requirements.
Firearms training endorsement is required for all bail bondsmen who carry or have access to a firearm while on duty. Each person who carries or has access to firearms while on duty shall qualify with each type of action and caliber of firearm to which he has access.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-180. Firearms (handgun/shotgun) entry-level training.
All armed bail bondsmen must satisfactorily complete the firearms classroom training, practical exercises and range training, as prescribed in the Regulations Relating to Private Security Services (6VAC20-171) for handgun and for shotgun, if applicable, prior to the issuance of the firearms endorsement.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-190. Firearms (handgun/shotgun) retraining.
On an annual basis all armed bail bondsman must requalify for a firearms endorsement by satisfactorily completing firearms classroom training, practical exercises and range training, as prescribed in the Regulations Relating to Private Security Services (6VAC20-171) for handgun and for shotgun, if applicable.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
6VAC20-250-200. Prior firearms training exemption.
A. Persons having previous department-approved firearms training may be authorized credit for such training that meets or exceeds the compulsory minimum training standards for a firearm endorsement, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial in-service training credit:
1. Completion of department-approved firearms training; and
2. Qualification at a Virginia criminal justice agency, academy or correctional department.
B. Individuals requesting a training exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue a training exemption on the basis of individual qualifications as supported by required documentation.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.
Article 3
Training Sessions
6VAC20-250-210. Bail bondsmen and firearms training sessions.
A. Training sessions will be conducted by private security services training schools certified or licensed under the Regulations Relating to Private Security Services (6VAC20-171) or by the department in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance and standards of conduct are the responsibility of the training school, training school director and instructor of the training session.
B. Administrative requirements.
1. In a manner approved by the department, a notification to conduct a training session shall be submitted to the department. All notifications shall be received by the department, or postmarked if mailed, no less than seven calendar days prior to the beginning of each training session to include the date, time, instructors and location of the training session. The department may allow a session to be conducted with less than seven calendar days of notification with prior approval. Session notifications require no fee from the training school. A notification to conduct a training session shall be deemed to be in compliance unless the department notifies the training school director to the contrary.
2. Notification of any changes to the dates, times, location or cancellation of a future training session must be submitted to the department in writing and received by the department at least 24 hours in advance of the scheduled starting time of the class. In the event that a session must be cancelled on the scheduled date, the department must be notified immediately followed by a cancellation in writing as soon as practical.
3. On a form provided by the department, the training school director shall issue an original training completion form and training certificate to each student who satisfactorily completes a training session no later than five business days following the training completion date.
4. In a manner approved by the department, the training school director shall submit an original training completion roster to the department affirming each student's successful completion of the session. The training completion roster shall be received by the department within seven calendar days, or postmarked if mailed, no later than five business days following the training completion date.
5. A written examination shall be administered at the conclusion of each entry-level training session. The examination shall be based on the applicable learning objectives. The student must attain a minimum grade of 70% for all entry-level training examinations to satisfactorily complete the training session.
6. Firearms classroom training shall be separately tested and graded. Individuals must achieve a minimum score of 70% on the firearms classroom training examination.
7. Failure to achieve a minimum score of 70% on the firearms classroom written examination will exclude the individual from the firearms range training.
8. To successfully complete the firearms range training; the individual must achieve a minimum qualification score of 75% of the scoring value of the target.
9. To successfully complete the bail bondsman entry-level training session, the individual must:
a. Successfully complete each of the three graded practical exercises required; and
b. Pass the written examination with a minimum score of 70%.
C. Attendance.
1. Individuals enrolled in an approved training session are required to be present for the hours required for each training session.
2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. Such training must be completed within 60 days after the completion of the training session. Individuals not completing the required training within this period are required to complete the entire training session.
3. Individuals that do not successfully complete the compulsory minimum training standards of the training session shall not be reported to the department except where required.
4. Each individual attending an approved training session shall comply with the regulations promulgated by the board and any other rules within the authority of the training school. If the training school director or instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on examinations, the training school director or instructor may expel the individual from the school. Notification of such action shall immediately be reported to the employing firms and the department.
D. Standards of conduct.
1. The training school, training school director and instructor shall at all times conform to the application requirements, administrative requirements and standards of conduct established for certification as a training school and instructor.
2. Training sessions will be conducted by DCJS-certified instructors or other individuals authorized to provide instruction.
3. Training sessions will be conducted utilizing lesson plans developed including at a minimum the compulsory minimum training standards established pursuant to this chapter.
4. Instruction shall be provided in no less than 50-minute classes.
5. Training sessions may not exceed nine hours of classroom instruction per day. Range qualification and practical exercises shall not be considered classroom instruction; however, total training, including the maximum allotment of nine hours classroom instruction and applicable range qualification and practical exercises, shall not exceed 12 hours per day. This does not include time allotted for breaks, meals and testing.
6. All audiovisual training aids must be accompanied by a period of instruction where the instructor reviews the content of the presentation and the students are provided the opportunity to ask questions regarding the content.
7. A training session must adhere to the minimum compulsory training standards and must be presented in its entirety. Training school directors may require additional hours of instruction, testing or evaluation procedures.
8. A training session must provide accurate and current information to the students.
9. Mandated training conducted not in accordance with the Code of Virginia and this chapter is null and void.
10. A duplicate set of instructor course materials including all student materials shall be made available to any department inspector during the training session, if requested.
Statutory Authority
§ 9.1-185.2 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.