Code of Virginia

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Code of Virginia
Title 9.1. Commonwealth Public Safety
Chapter 5.1. Correctional Officer Procedural Guarantee Act
2/20/2019

§ 9.1-509. Conduct of investigation; notice of charges. (2018 updated section)

A. Whenever an investigation focuses on matters that could lead to the dismissal, demotion, suspension, or transfer for punitive reasons of a correctional officer:

1. Any questioning shall take place at a reasonable time and place, preferably when the correctional officer under investigation is on duty; and

2. Prior to the questioning of the correctional officer, he shall be informed of (i) the name and job title of the investigator, (ii) the name and job title of any other individual to be present during the questioning, and (iii) the nature of the investigation.

B. After questioning pursuant to subsection A but before any dismissal, demotion, suspension, or transfer for punitive reasons may be imposed, the following rights shall be afforded:

1. The correctional officer shall be notified in writing of all charges, the basis therefor, and the action that may be taken;

2. The correctional officer shall be given an opportunity, within a reasonable time limit after the date of receipt of the written notice required by subdivision 1, to respond orally and in writing to the charges. The time limit shall be determined by the Department of Corrections, but in no event shall it be less than three calendar days unless agreed to by the correctional officer; and

3. In making his response, the correctional officer may be assisted by counsel at his own expense or by a representative.

C. The correctional officer shall also be given written notification of his right to initiate a grievance under the grievance procedure established by the Department of Human Resource Management or his right to request a hearing under this chapter. A copy of the grievance procedure, as well as instructions on how to proceed to a hearing under this chapter, shall be provided to the correctional officer upon his request.

D. No provision of this section shall apply to any person conducting a criminal investigation or to any correctional officer under investigation for criminal conduct.

2018, cc. 761, 762.