6VAC20-230 Regulations Relating to Special Conservator of the Peace

REGULATIONS

Vol. 33 Iss. 4 - October 17, 2016

TITLE 6. CRIMINAL JUSTICE AND CORRECTIONS

CRIMINAL JUSTICE SERVICES BOARD

Chapter 230

Final Regulation

REGISTRAR'S NOTICE: The Criminal Justice Services Board is claiming an exclusion from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Criminal Justice Services Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 6VAC20-230. Regulations Relating to Special Conservator of the Peace (amending 6VAC20-230-40, 6VAC20-230-60, 6VAC20-230-70, 6VAC20-230-120, 6VAC20-230-140, 6VAC20-230-150).

Statutory Authority: § 9.1-150.2 of the Code of Virginia.

Effective Date: November 16, 2016.

Agency Contact: Shannon Dion, Director of Policy and Legislative Affairs, Department of Criminal Justice Services, 1100 East Bank Street, Richmond, VA 23219, telephone [phone], FAX [phone], or email [e-mail].

Summary:

Pursuant to Chapter 551 of the 2016 Acts of Assembly, the amendments (i) require each individual seeking an initial or renewal registration as a special conservator of the peace (SCOP) to submit a fingerprint card, fingerprint application, fingerprint fee, and all necessary documentation for a criminal history records background search; (ii) disqualify an individual who is prohibited from possessing, transporting, or purchasing a firearm from registering or continuing to serve as a SCOP; and (iii) require an individual to notify the department and the chief law-enforcement officer of all the localities in which he is authorized to serve as a SCOP within three days of becoming ineligible for registration or appointment.

6VAC20-230-40. Fingerprint processing.

A. Before appointment by the circuit court, each Each individual applying for seeking an initial or renewal registration as a special conservator of the peace shall submit to the department:

1. One completed fingerprint card provided by the department or another electronic method approved by the department;

2. A fingerprint processing application;

3. The applicable nonrefundable fee; and

4. All criminal history conviction information on a form provided by the department.

B. The department shall submit those fingerprints to the Virginia State Police for the purpose of conducting a Virginia Criminal History Records search and a National Criminal Records search to determine whether the individual has a record of conviction or is prohibited from possessing, transporting, or purchasing a firearm.

C. Fingerprint cards that are found to be unclassifiable will suspend action on the application pending the resubmittal of a classifiable fingerprint card. The applicant shall be notified in writing and shall submit a new fingerprint card before the processing of his application will resume. However, the applicable, nonrefundable fee may be required if the department is assessed additional processing fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial.

6VAC20-230-60. Application procedures and requirements.

Every applicant for special conservator of the peace shall submit all requirements for a criminal history records background search and initial or renewal registration requirements.

6VAC20-230-70. Renewal registration application.

A. Applications for registration renewal should be received by the department at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the registered individual. However, if the individual does not receive a renewal notification, it is the responsibility of the individual to ensure that renewal requirements are filed with the department. Registration renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees.

B. Each person applying for registration renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete the in-service training, and firearms retraining if applicable, pursuant to the in-service training requirements set forth by this chapter; and

2. Be in good standing in every jurisdiction where appointment is granted. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the registration.

C. The department may renew a registration when the department receives the following:

1. A properly completed renewal application provided by the department;

2. The applicable, nonrefundable registration renewal fee; and

3. Fingerprint card, application form, and applicable nonrefundable fee pursuant to 6VAC20-230-40; and

4. A copy of the court order granting special conservator of the peace authority and jurisdiction if changed from the original filed with the department.

D. Upon completion of the renewal registration application requirements, the department may issue a registration letter for a period not to exceed 12 months. This registration letter shall be submitted by the applicant to a specified entity for a state-issued photo identification card, or a decal will be provided by the department.

E. Any renewal application received by the department shall meet all renewal requirements prior to the expiration date of a registration or shall be subject to the reinstatement requirements set forth in 6VAC20-230-90.

6VAC20-230-120. Denial, probation, suspension and revocation.

A. The department may deny a registration for any person with a criminal conviction for a misdemeanor involving (i) moral turpitude, (ii) assault and battery, (iii) damage to real or personal property, (iv) controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, (v) prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, (vi) firearms, or (vii) any felony. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of a conviction authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction.

B. The department may deny a registration in which any individual has not maintained good standing in the jurisdiction where appointed by the circuit court; had a registration that was denied upon initial application, suspended, revoked, surrendered, or not renewed; or has otherwise been disciplined in connection with a disciplinary action prior to applying for registration in Virginia.

C. Any false or misleading statement on any state application or supporting documentation is grounds for denial or revocation and may be subject to criminal prosecution.

D. A registered individual shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act. The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension or revocation.

E. The department may deny a registration for any individual who tests positive on the submitted drug and alcohol screening.

F. The department shall deny a registration for any person who is prohibited from possessing, transporting, or purchasing a firearm.

6VAC20-230-140. Registered individual administrative requirements.

A. A registered individual shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter;

2. Maintain at all times with the department his mailing address, e-mail email and phone number, if applicable. Written notification of any address change, e-mail email address or phone number shall be in writing and received by the department no later than 10 days after the effective date of the change;

3. Inform the department in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or a misdemeanor;

4. Inform the department in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the special conservator of the peace statutes or regulations of that jurisdiction, there being no appeal therefrom or the time for appeal having elapsed;

5. Inform the department of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise. This report shall be made within 24 hours of the incident;

6. Within 10 days, inform the department and circuit court where the individual was appointed that the individual has left employment; and

7. Submit documentation of jurisdiction of appointment to the department within 30 days from appointment of the circuit court; and

8. Notify the department and the chief law-enforcement officer of all localities in which he is authorized to serve within three days of becoming prohibited from possessing, transporting, or purchasing a firearm, or otherwise becoming ineligible for registration or appointment as a special conservator of the peace.

B. An individual's appointment from the circuit court shall not exceed four years under any one appointment.

6VAC20-230-150. Registered individual standards of conduct.

A. A registered individual shall:

1. Conform to all requirements pursuant to the Code of Virginia and this chapter;

2. Not violate or aid and abet others in violating the provisions of Article 1 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia or this chapter;

3. Not commit any act or omission that results in a registration being suspended, revoked, not renewed or being otherwise disciplined in any jurisdiction;

4. Not obtain a special conservator of the peace registration or registration renewal through any fraud or misrepresentation;

5. Carry a valid registration or valid temporary authorization letter at all times while on duty;

6. Carry the private security state authorized identification card at all times while on duty once the authorization has been approved from the department;

7. Perform those duties authorized by the circuit court only while employed and in the jurisdiction of appointment, and perform only those duties authorized in the circuit court ordered appointment;

8. Maintain a valid firearms verification if he carries or has immediate access to firearms while on duty and is authorized by the circuit court. He may carry only those firearms that he has been trained on and is qualified to carry;

9. Carry a firearm concealed while on duty only with the expressed authorization of the circuit court that appoints the registrant and only in compliance with § 18.2-308 18.2-308.01 of the Code of Virginia;

10. Transport, carry and utilize firearms while on duty only in a manner that does not endanger the public health, safety and welfare;

11. Make arrests in full compliance with the law and using only the minimum force necessary to effect an arrest;

12. Display his registration while on duty in response to the request of a law-enforcement officer, department personnel or client;

13. Not perform any unlawful or negligent act resulting in a loss, injury or death to any person;

14. If a uniform is required, wear the uniform required by the employer. If wearing a uniform while employed as a special conservator of the peace, the uniform must:

a. Only have the title "police" on any badge or uniform when the circuit court order indicates and to the extent the displayed words accurately represent a special conservator of the peace; and

b. Have a name plate or tape bearing, as a minimum, the individual's last name attached on the outermost garment, except on rainwear worn only to protect from inclement weather.

15. Act only in such a manner that does not endanger the public health, safety and welfare;

16. Not represent as one's own a special conservator of the peace registration issued to another individual;

17. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a registration;

18. Not engage in acts of unprofessional conduct in the practice of special conservator of the peace services;

19. Not engage in acts of negligent and/or or incompetent special conservator of the peace services; and

20. Maintain at all times current liability coverage at least in the amount prescribed by the Code of Virginia.

B. No person with a criminal conviction for a misdemeanor involving (i) moral turpitude, (ii) assault and battery, (iii) damage to real or personal property, (iv) controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia, (v) prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, (vi) firearms or (vii) any felony from which no appeal is pending, the time for appeal having elapsed, shall be registered as a conservator of the peace. Any plea of nolo contendere shall be considered a conviction for the purpose of this chapter. The record of conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be prima facie evidence of such guilt.

C. No person who is prohibited from possessing, transporting, or purchasing a firearm shall be registered as a special conservator of the peace.

VA.R. Doc. No. R17-4912; Filed September 26, 2016, 9:11 p.m.