6VAC20-30 Rules Relating to Compulsory In-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of ...

REGULATIONS

Vol. 32 Iss. 10 - January 11, 2016

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

Chapter 30

Proposed Regulation

Title of Regulation: 6VAC20-30. Rules Relating to Compulsory In-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of Operations (amending 6VAC20-30-20, 6VAC20-30-30, 6VAC20-30-80; repealing 6VAC20-30-110, 6VAC20-30-120, 6VAC20-30-130).

Statutory Authority: § 9.1-102 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 11, 2016.

Agency Contact: Barbara Peterson-Wilson, Law Enforcement Program Coordinator, Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Basis: The Department of Criminal Justice Services, under direction of the Criminal Justice Services Board, has the authority to review, amend, or revise regulations relating to in-service training standards as found in § 9.1-102 of the Code of Virginia. The Criminal Justice Services Board approved recommendations for 6VAC20-30-80 A on June 12, 2014, and approved recommendations relating to 6VAC20-30-30 and 6VAC20-30-80 B specific to corrections officers employed by the Department of Corrections on December 11, 2014.

Purpose: The amended regulation will add an additional three courses of fire for criminal justice academies to choose from when offering annual firearms in-service qualification. This action will also remove the firearms courses and replace them with the web address of the document where the firearms courses can be located. There is a forum for public comment and oversight through the Criminal Justice Service Board's committees. Any changes to the training requirements are first reviewed and vetted by a Curriculum Review Committee (CRC). The CRC then makes a recommendation to the Committee on Training (COT), which is the policymaking body responsible to the board for approving revisions to the training standards. Prior to approving changes to training requirements the COT must hold a public hearing, and 60 days prior to the public hearing, the proposed changes shall be distributed to all affected parties for the opportunity to comment.

The amended regulation will reflect the compulsory in-service training standards for corrections officers approved by the Criminal Justice Services Board. This action will also remove outdated compulsory in-service standards for corrections officers.

The proposed amendments are essential to protect the safety and welfare of citizens, and officers themselves, by ensuring criminal justice officers are receiving the most up-to-date training and to ensure corrections officers receive the training necessary to protect the health, safety, and welfare of inmates housed in Virginia Correctional Institutions, as well as that of the corrections officers.

Substance: Amendments to 6VAC20-30-80 A and B remove the courses of fire and instead direct constituents to the document where the firearms courses can be located on the department's website.

Amendments to 6VAC20-30-30 A and D remove outdated hours previously required for corrections officers by adding them to subsection A to reflect the same hours required by law enforcement.

Issues: There are no disadvantages to the public with implementing the amended provisions to the regulation. The primary advantages to the public of implementing the amended regulation for compulsory minimum in-service training standards will be that of having public safety officers trained in order to provide protection for the public, as well as the officers themselves.

There are no disadvantages to the agency or the Commonwealth with implementing the amended provision to the regulation. The primary advantages to the agency or the Commonwealth is assuring the most up-to-date training is being regulated in order to hold the public safety officers within the Commonwealth to the highest standards of training for public and officer safety.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Criminal Justice Services Board (Board) proposes to increase the number of annual training hours that correctional officers and sergeants employed in the state prison system must complete from 24 hours to 40 hours. The Board also proposes to remove the lists of firearms qualification courses from this regulation and, instead, direct interested parties to the Department of Criminal Justice Services website to find them.

Result of Analysis. There is insufficient information to ascertain whether benefits will outweigh costs for these proposed regulatory changes.

Estimated Economic Impact. Currently, correctional officers (prison guards) and sergeants in the correctional system must complete 24 hours of in-service training per year. This training currently includes two hours of cultural diversity training, four hours of legal training and 18 hours of career development/elective training. Board staff reports that they have been working with the Department of Corrections (DOC) to modify these training requirements because DOC believes they are inadequate. The Board now proposes to require correctional officers and sergeants to complete 40 hours of in-service training each year which will bring them in line with the training requirements for law enforcement officers and officers in the correctional system with ranks higher than sergeant (lieutenants through wardens). All of the additional 16 hours of annual training that the Board proposes to require would fall under the category of career development/elective training. Board staff reports that the choice of classes lies with DOC rather than the individual correctional officers/sergeants; presumably, this will allow DOC to tailor classes to address training deficits in their staff.

DOC will incur costs on account of this change because they will have to pay the correctional officers/sergeants for the two additional days each year that they are attending training in addition to paying the salary for other correctional officers/sergeants to cover the shifts that would be missed on account of training. As this change will affect over 6,000 correctional officers and sergeants, the costs to DOC will be considerable. Board staff reports, however, that DOC will not have to hire additional staff to provide current levels of coverage once the proposed requirement becomes effective. Without more information on the problems that DOC hopes to forestall with more training and the efficacy of that training, the Department of Planning and Budget is unable to ascertain whether the benefits for this training will outweigh all costs incurred.

Current regulation includes two lists of firearms training courses that regulated entities may use to complete their firearms qualification; one list is for law enforcement officers, jailors or custodial officers, courtroom security officers and process service officers and the other list is for officers of DOC's Division of Operations. The Board proposes to remove both of these lists from the regulation and substitute notices that a list of the qualification courses can be found on Department of Criminal Justice Services (DCJS) website. Board staff reports that these changes are being proposed to allow the Board to change qualification courses when necessary without going through the regulatory process. Entities that are regulated under these rules, as well as members of the public who might be interested in learning what firearms training may be used by officers to qualify to carry a firearm as a part of their job, will incur search costs and possible confusion because they will not have all information provided in the regulation but will have to go and search DCJS website instead. The Board might partially alleviate any confusion caused by providing a link in this regulation to the actual documents in question rather than to the DCJS website home page. In any case, there is insufficient information to know whether the benefits that may accrue to the Board and the public from being able to quickly change these courses will outweigh the costs incurred by affected regulated entities and the public because they will have to search for information that is currently provided in the regulation.

Businesses and Entities Affected. Board staff reports that 38 prisons, and the approximately 6,000 correctional officers and sergeants that they employ, will be affected by the proposed increase in compulsory annual training. All entities that must complete firearms training under this regulation, as well as interested members of the public, will likely be affected by the firearms qualification courses being removed from the regulatory text and listed instead in a document on the Department of Criminal Justice Services website.

Localities Particularly Affected. No locality will be particularly affected by this proposed regulation.

Projected Impact on Employment. Board staff reports that DOC will not have to hire additional staff to implement training requirements that will likely add over 100,000 training hours for correctional officers and sergeants. Assuming this, these proposed regulatory changes are unlikely to have any impact on employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to have any impact on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. No small businesses will likely be affected by this proposed regulation.

Small Businesses: Alternative Method that Minimizes Adverse Impact. No small businesses will likely be affected by this proposed regulation.

Real Estate Development Costs. Real estate development costs are unlikely to be affected by this proposed regulation.

Agency's Response to Economic Impact Analysis: The Rules Relating to Compulsory In-Service Training Standards for Law-Enforcement Officers, Jailors or Custodial Officers, Courtroom Security Officers, Process Service Officers and Officers of the Department of Corrections, Division of Operations as currently drafted requires Department of Corrections (DOC) employees to participate in a given number of hours of in-service training based on rank. Correctional officers and sergeants are required to complete 24 hours of in-service training while officers with a rank of lieutenant through the warden are required to complete 40 hours of in-service training. All correctional officers, regardless of rank, are responsible for the care and custody of inmates and the safety and security of the facility. The proposed revisions to the regulation standardizes the required training hours to ensure all correctional officers receive a sufficient number of hours of in-service training to maintain and enhance their skills.

Summary:

The proposed amendments (i) increase the number of annual training hours that correctional officers and sergeants employed in the state prison system must complete from 24 hours to 40 hours and (ii) remove the lists of firearms qualification courses from the regulation and, instead, direct interested parties to a document of approved courses on the Department of Criminal Justice Services website.

6VAC20-30-20. Applicability.

A. Every person employed as a law-enforcement officer, as defined by § 9.1-101 of the Code of Virginia, shall meet compulsory in-service training standards as set forth in 6VAC20-30-30 A.

B. Every person employed as a jailor or custodial officer under the provisions of Title 53.1 of the Code of Virginia shall meet compulsory in-service training standards as set forth in 6VAC20-30-30 B.

C. Every person employed as a courtroom security or process service officer under the provisions of Title 53.1 of the Code of Virginia shall meet compulsory in-service training standards as set forth in 6VAC20-30-30 C.

D. Every person employed as an officer of the Department of Corrections, Division of Operations as defined herein shall meet compulsory in-service training standards as set forth in 6VAC20-30-30 D A.

6VAC20-30-30. Compulsory in-service training standards.

Pursuant to the provisions of subdivisions (1), (3), (5), (6) and (7) 1, 3, 4, 5, 7, 8, and 9 of § 9.1-102 of the Code of Virginia, the board establishes the following as the compulsory in-service training standards for law-enforcement officers, jailors or custodial officers, courtroom security officers, process service officers and officers of the Department of Corrections, Division of Operations.

A. Law-enforcement officers and corrections officers... TOTAL 40 Hours

1. Cultural diversity training... 2 Hours

2. Legal training... 4 Hours

Subjects to be provided are at the discretion of the academy director of a certified training academy and shall be designated as legal training.

3. Career development/elective training... 34 Hours

(May include subjects provided in subsections B and C of this section.)

a. Subjects to be provided are at the discretion of the academy director of a certified training academy. No more than eight hours of firearms training shall be approved as elective subjects. Firearms training shall be applied as follows:

(1) b. No more than four hours may be applied to firearms qualification as provided in 6VAC20-30-80; and.

(2) Remaining hours eligible for situational or decision-making training.

B. Jailors or custodial officers... TOTAL 24 Hours

1. Cultural diversity training... 2 Hours

2. Legal training... 4 Hours

Subjects to be provided are at the discretion of the academy director of a certified training academy and shall be designated as legal training.

3. Career development/elective training... 18 Hours

(May include subjects provided in subsections A and C of this section.)

a. Subjects to be provided are at the discretion of the academy director of a certified training academy. No more than eight hours of firearms training shall be approved as elective subjects. Firearms training shall be applied as follows:

(1) b. No more than four hours may be applied to firearms qualification as provided in 6VAC20-30-80; and.

(2) Remaining hours eligible for situational or decision-making training.

C. Courtroom security officers and process service officers... TOTAL 16 Hours

1. Cultural diversity training... 2 Hours

2. Legal training... 4 Hours

Subjects to be provided are at the discretion of the academy director of a certified training academy and shall be designated as legal training.

3. Career development/elective training... 10 Hours

(May include subjects provided in subsections A and B of this section.)

a. Subjects to be provided are at the discretion of the academy director of a certified training academy. No more than eight hours of firearms training shall be approved as elective subjects. Firearms training shall be applied as follows:

(1) b. No more than four hours may be applied to firearms qualification as provided in 6VAC20-30-80; and.

(2) Remaining hours eligible for situational and/or decision making training.

D. Officers of the Department of Corrections, Division of Operations.

Total Hours for Correctional Officers and Sergeants... 24 Hours

Total Hours for Lieutenants through Wardens... 40 Hours

1. Cultural diversity training... 2 Hours

2. Legal training... 4 Hours

The subjects to be provided are at the discretion of the Director of the Department of Corrections or his designee and shall be designated as legal training.

3. Career development/elective training.

Correctional officers and sergeants... 18 Hours

Lieutenants through wardens... 34 Hours

a. Subjects to be provided are at the discretion of the Director of the Department of Corrections, or his designee. No more than eight hours of firearms training shall be approved as elective subjects. Firearms training shall be applied as follows:

(1) No more than four hours applied to firearms qualification as provided in 6VAC20-30-80; and

(2) Remaining hours eligible for situational or decision making training.

6VAC20-30-80. Firearms training.

A. Every criminal justice officer required to carry a firearm in the performance of duty shall qualify annually using the applicable firearms course approved by the Committee on Training of the board. The list of approved courses is identified under the performance outcomes for weapons and firearms training in the Virginia Criminal Justice Services Training Manual and Compulsory Minimum Training Standards available on the Department of Criminal Justice Services' website at http://www.dcjs.virginia.gov/cple/. Annual range qualification shall include a review of issues/policy relating to weapons safety, nomenclature, maintenance and use of force. With prior approval of the director, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges. No minimum number of hours is required.

A. 1. Law-enforcement officers, jailors or custodial officers, courtroom security officers, and process service officers shall qualify annually with a minimum passing score of 70% on one of the following applicable firearms courses required by subsection A of this section.

1. Virginia Modified Double Action Course for Semi-Automatic Pistols and Revolvers.

2. Virginia Modified Combat Course I.

3. Virginia Modified Combat Course II.

4. Virginia Qualification Course I.

5. Virginia Qualification Course II.

6. Virginia Tactical Qualification Course I.

7. Virginia Tactical Qualification Course II.

B. 2. Officers of the Department of Corrections, Division of Operations shall qualify annually with a minimum passing score of 70% on one of the applicable firearms courses required by subsection A of this section.

Handgun.

Department of Corrections Virginia Modified Double Action Combat Course.

C. Law-enforcement B. Possession of or immediate availability of special weapons by law-enforcement officers, jailors or custodial officers, courtroom security officers, civil process officers and officers of the Department of Corrections, Division of Operations.

Special weapons.

a. 1. All agencies whose personnel possess, or have available for immediate use, shotguns or other similar special weapons, shall design an appropriate qualification weapons program and require all applicable personnel to complete annually.

b. 2. The course, number of rounds to be fired and qualification score shall be determined by the agency or approved training school. Documentation of such qualification programs shall be available for inspection by the director or staff.

6VAC20-30-110. Effective date. (Repealed.)

These rules shall be effective on and after July 1, 1992, and until amended or repealed.

6VAC20-30-120. Adopted. (Repealed.)

This chapter was adopted July 11, 1974.

6VAC20-30-130. Amended. (Repealed.)

This chapter was amended:

January 1, 1988

May 3, 1989

April 1, 1992

VA.R. Doc. No. R15-4108; Filed December 10, 2015, 3:47 p.m.