Virginia Law

In addition to the powers and duties of the Commission pursuant to § 18.2-273.2, the Commission shall:

1. Approve the VASAP Certification Manual, which prescribes statewide standards, criteria, and procedures for certification, auditing, fiscal management, and overall performance of local ASAPs;

2. Prescribe a reasonable portion, not to exceed 10 percent, of the fee described in subsection B of § 18.2-271.1 to be forwarded monthly for deposit with the State Treasurer for expenditure by the Commission;

3. Prescribe a uniform schedule of offender fees for services provided pursuant to § 18.2-271.1;

4. Establish procedures for the collection, accounting, and use of fees for services provided pursuant to § 18.2-271.1;

5. Prescribe minimum standards for local independent policy boards, including board composition, meeting frequency, duties and procedures, and intervention by the Commission or reconstitution of a board pursuant to subsection B of § 18.2-273.5. Such procedures shall provide that (i) the composition of the board shall include at least (a) one attorney for the Commonwealth, (b) one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses, (c) one member of law-enforcement, and (d) one member of a local community services board and (ii) the board may appoint a local sitting or retired judge of a general district court of the Commonwealth who regularly oversees or oversaw cases involving driving while intoxicated offenses and who is familiar with the local ASAP;

6. Establish minimum standards and procedures for the designation of a fiscal agent locality, required pursuant to § 18.2-273.6, including requirements for written agreements, fiscal accountability, recordkeeping, auditing, and reporting to the Commission;

7. Establish standards and procedures pursuant to § 18.2-273.4 for requiring (i) the issuance, renewal, suspension, or revocation of certification; (ii) examination requirements; (iii) performance evaluation standards; and (iv) an appeal process;

8. Suspend, revoke, or decline to renew the certification of a local ASAP. If such action is taken by the Commission, it shall take any further action necessary to ensure continued availability of mandated alcohol safety action services within the affected judicial district;

9. Develop and administer a certification process for local ASAP employees. Such process shall include (i) successful completion of a background investigation, (ii) review of a driving history record, and (iii) passing a written certification examination approved by the Commission with a minimum score of 80 percent; and

10. Establish certification requirements and performance metrics for the director of a local ASAP, which shall include, at a minimum, competency and satisfactory performance in (i) management and supervision of local ASAP staff; (ii) fiscal and budgetary management; (iii) compliance with Commission standards and regulations; (iv) integrity and accountability in program operations; and (v) cooperation with courts, law enforcement, and community partners.

2026, cc. 686, 687.