Title 9.1. Commonwealth Public Safety
Subtitle .
Chapter 13. Domestic and Sexual Assault Policies
Chapter 13. Domestic and Sexual Assault Policies.
§ 9.1-1300. Domestic violence policies and procedures for law-enforcement agencies in the Commonwealth.The Virginia Department of State Police and the police and sheriff's departments of every political subdivision in the Commonwealth shall establish an arrest policy and procedures for domestic violence and family abuse cases. Any local police or sheriff's department is authorized to adopt an arrest policy that prescribes additional requirements under this section. Any policies and procedures established under this section shall at a minimum provide guidance to law-enforcement officers on the following:
1. The department's arrest policy;
2. The standards for determining who is the predominant physical aggressor pursuant to § 19.2-81.3;
3. The standards for completion of a required incident report to be filed with the department including the existence of any special circumstances which would dictate a course of action other than arrest;
4. The department's policy on providing transportation to an allegedly abused person;
5. The legal and community resources available to allegedly abused persons in the department's jurisdiction;
6. The department's policy on domestic violence incidents involving law-enforcement officers; and
7. The department's policy on the handling of cases involving repeat offenders of family abuse or domestic violence.
A. The Virginia Department of State Police and the police and sheriff's departments of every political subdivision in the Commonwealth and every campus police department shall establish written policies and procedures regarding a law-enforcement officer's response to an alleged criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2. Such policies shall, at a minimum, provide guidance as to the department's policy on (i) training; (ii) compliance with §§ 19.2-9.1 and 19.2-165.1; (iii) transportation of alleged sexual assault victims; and (iv) the provision of information on legal and community resources available to alleged victims of sexual assault.
B. The primary law-enforcement agency of each locality that contains a public institution of higher education or nonprofit private institution of higher education shall cooperate in establishing a written memorandum of understanding with any such institution of higher education, if requested, to address the prevention of and response to criminal sexual assault as set forth in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2.