Title 6 VAC — Criminal Justice and Corrections

Agency 15 State Board of Local and Regional Jails

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

6VAC15-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the State Board of Local and Regional Jails. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008; amended, Virginia Register Volume 40, Issue 11, eff. February 29, 2024.

6VAC15-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the State Board of Local and Regional Jails, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending, or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended, and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008; amended, Virginia Register Volume 40, Issue 11, eff. February 29, 2024.

Part II Notification of Interested Persons

6VAC15-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 6VAC15-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

Part III Public Participation Procedures

6VAC15-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency; and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008; amended, Virginia Register Volume 40, Issue 11, eff. February 29, 2024.

6VAC15-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

6VAC15-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 3, eff. November 15, 2008.

Chapter 20 Regulations Governing Certification and Inspection

Part I Definitions

6VAC15-20-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Appeal" means the action taken by a facility or program administrator when there is disagreement with a compliance audit finding.

"Audit report" means the official report of compliance audit findings prepared by the Compliance and Accreditation Unit supervisor for the department and submitted to the board.

"Board" means the State Board of Corrections.

"Certification analyst" means a person assigned to the Compliance and Accreditation Unit who serves as chairperson or team leader of the certification team.

"Certification/accreditation team" means persons appointed by the Compliance and Accreditation Unit manager or the American Correctional Association to conduct compliance audits.

"Community residential program" means any group home, halfway house, or other physically unrestricting facility used for the housing, treatment, or care of adult offenders established or operated with funds appropriated to the Department of Corrections from the state treasury and maintained or operated by any political subdivision, combination of political subdivisions, or privately operated agency within the Commonwealth.

"Compliance and Accreditation Unit" means the organizational unit of the department responsible for scheduling and conducting compliance audits to board standards.

"Compliance" means that no deficiency was cited by the certification team or that cited deficiencies have been corrected through completion of the tasks identified in the plan of action.

"Compliance audit" means an on-site official review of a facility or program by the certification team to evaluate compliance with standards promulgated by the board.

"Compliance and Accreditation Unit local facilities supervisor" means an individual responsible to the Compliance and Accreditation Unit manager for supervising the Board of Corrections' local facilities inspections.

"Compliance and Accreditation Unit manager" means an individual responsible to the Deputy Director of Administration for managing the Board of Corrections' certification process.

"Compliance and Accreditation Unit supervisor" means an individual responsible to the Compliance and Accreditation Unit manager for supervising the Board of Corrections' certification process.

"Compliance documentation" means specific documents or information including records, reports, observations and verbal responses required to verify compliance with standards by a facility or program.

"Decertified" means a status imposed by the board when it is determined that a facility or program has not met a minimum acceptable level of compliance with standards.

"Deficiency" means noncompliance with a specific standard.

"Department" means the Department of Corrections.

"Director" means the Director of the Department of Corrections.

"Facility" means the physical plant of a state, local or private correctional facility or community correctional facility.

"Facility or program administrator" means the individual responsible for the operation of a facility or program subject to standards, rules or regulations of the board.

"Inspection" means an on-site official review of a local correctional facility by local facilities managers to assess compliance with life, health and safety standards promulgated by the board.

"Interim compliance audit" means an on-site official review of a facility or program by the Compliance and Accreditation Unit to evaluate compliance with standards promulgated by the board which occurs at an interval other than the regular schedule as provided in 6VAC15-20-20. The interim compliance audit may consist of a determination of compliance with all standards applicable to the facility or program or may be limited to specific standards as directed by the board.

"Life, health and safety alert" means a process by which the board is provided immediate notice by department staff of life, health and safety deficiencies identified in local facilities/programs.

"Life, health, safety standards" means those standards directly related to life, health or safety issues as identified by the board.

"Local correctional facility" means a jail, regional jail, or lockup.

"Plan of action" means a document stating what has been or will be done to bring all deficiencies into compliance with standards, including a description of the activities undertaken, staff responsibilities, and a time table for completion.

"Preparatory audit" means an unofficial review of a facility or program by regional staff or the Compliance and Accreditation Unit to evaluate compliance with standards promulgated by the board.

"Private correctional facility" means a facility that is operated by an entity which has entered into a legal agreement to provide any correctional services to the Department of Corrections with respect to inmates under the custody of the Commonwealth.

"Probationary certification" means a status granted by the board for a specific period of time to correct deficiencies within the control of the facility or program.

"Program" means a system of services provided to offenders by probation and parole offices and other community-based services.

"Region" means the geographic area in which a facility or program is located as established by the department.

"Regional office" means the administrative offices of a specific region within the department.

"Unconditional certification" means that a facility or program is in 100% compliance with all applicable standards based upon the receipt of the plan of action.

"Variance" means a decision by the board to suspend the requirements of a specific standard for a specific period of time.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 1.1, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

6VAC15-20-20 (Repealed.)

Historical Notes

Derived from VR230-01-003:1 § 1.2, eff. May 1, 1993; repealed, Virginia Register Volume 13, Issue 17, eff. July 1, 1997.

Part II Certification Process

6VAC15-20-30 Frequency of audits

A. All local and private correctional facilities and community residential programs affiliated with the department shall be audited every three years.

1. The regional office or facility staff shall notify the Compliance and Accreditation Unit supervisor in writing within 30 days after a new facility or program accepts the first offender.

2. The regional office staff shall conduct a preparatory audit of a new community residential program during the first six months of operation.

3. The Compliance and Accreditation Unit shall conduct a compliance audit during the second six months of operation and on a regular schedule thereafter as provided by this section.

B. The scheduled compliance audit may be postponed for up to six months due to bona fide security or emergency situations.

1. The facility or program administrator shall notify the Compliance and Accreditation Unit manager and provide details of the circumstances requiring the postponement.

2. The Compliance and Accreditation Unit supervisor shall complete a written notice of change and send copies of the approved written notice of change to the board, facility or program administrator, the appropriate regional director and the team members.

C. Any local or private correctional facility or community residential program may be scheduled for an interim compliance audit at the direction of the board. An interim audit may be scheduled for a facility or program that has:

1. Undergone renovations or additions that have resulted in additional inmate capacity or significant changes to the numbers and duties of security staff;

2. Exhibited difficulty in maintaining compliance with the board's standards;

3. Been cited for noncompliance with the board's standards as a result of Department of Corrections inspections, Department of Health inspections or informal visits made by Department of Corrections' staff; or

4. Been placed in probationary or decertified status.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.1, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

6VAC15-20-40 Preparation for audit

A. The Compliance and Accreditation Unit supervisor shall develop an annual audit schedule.

1. The schedule shall be submitted to the Compliance and Accreditation Unit manager for review, comment and approval.

2. Upon approval, the Compliance and Accreditation Unit supervisor shall:

a. Disseminate the final schedule as appropriate, and

b. Review the schedule as necessary and make adjustments for additional audits.

3. Changes to the final audit schedule shall be agreed upon by the Compliance and Accreditation Unit manager.

4. The Compliance and Accreditation Unit supervisor shall notify the facility or program administrator of the change. Changes shall not extend the audit date beyond the established frequency limits without board approval.

B. The Compliance and Accreditation Unit manager shall appoint certification team members.

1. Team members shall have prior audit experience or have completed certification training.

2. At least one person shall be a staff member of the same type of facility or program being audited.

3. The certification team auditing local correctional facilities shall consist at minimum of a certification analyst and a local facilities manager.

4. The certification analyst shall act as team leader and shall coordinate and facilitate the audit.

C. The Compliance and Accreditation Unit shall notify the facility or program administrator in writing at least 30 days prior to a compliance audit.

D. A certification analyst should visit the facility or program administrator prior to an audit to discuss the audit process as needed. The visit shall be documented and approved by the Compliance and Accreditation Unit supervisor.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.2, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

6VAC15-20-50 On-site audit procedures

A. The certification analyst shall, on the first day of the audit, orient the team to the audit process and afford the facility or program administrator an opportunity to brief the team on aspects of the facility or program that may have a bearing on the audit.

B. The facility or program administrator shall grant the team access to all documents, staff and areas of the facility or program that are relevant to establishing compliance.

C. A facility or community residential program with an approved variance shall provide such documentation to the certification team.

D. Data shall be collected through documentation, interview and observation.

E. The certification analyst shall brief the facility or program administrator daily on audit progress and preliminary findings. At this time, the facility or program administrator may introduce additional data having a bearing on the team's findings.

F. The entire certification team shall be included in compliance decisions.

1. When a team member finds an indication of noncompliance, the team member shall notify the entire team and provide all available information regarding the standard in question.

2. The team leader shall obtain consensus of the members to the compliance.

3. If a consensus cannot be obtained, the matter shall be referred to the Compliance and Accreditation Unit supervisor.

G. The team shall hold a final debriefing with the facility or program administrator to discuss the team's compliance audit findings.

H. At the request of the facility or program administrator, the certification team shall report compliance audit findings to facility or program staff.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.3, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

6VAC15-20-60 Audit findings

The Compliance and Accreditation Unit shall mail the audit findings to the facility or program administrator and the regional office within five working days following the compliance audit.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.4, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-70 Development of a plan of action

A. A plan of action shall be developed for all deficiencies noted in the compliance audit findings. The plan of action must identify the following:

1. The tasks required to correct a noted deficiency;

2. The personnel responsible for completing the tasks; and

3. The actual or proposed date of task completion.

B. The facility or program administrator shall submit the plan of action to the Compliance and Accreditation Unit within 10 working days of receipt of the notification of deficiencies.

C. The Compliance and Accreditation Unit manager shall

approve, amend, or return the plan of action to the facility or program administrator for revision within 10 working days of receipt.

D. The facility or program administrator shall complete any revision requested and return the plan to the Compliance and Accreditation Unit manager within 10 working days of receipt.

E. The Compliance and Accreditation Unit manager may grant one 30-day extension to a facility or program administrator for the development of a plan of action. The Compliance and Accreditation Unit manager shall notify the board of the extension and its justification. The board may grant additional extensions.

F. If a facility or program administrator fails to submit a plan of action within the time specified, the Compliance and Accreditation Unit supervisor shall submit the audit report with recommendations to the board.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.5, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

6VAC15-20-80 Variance requests

A variance may be requested by a facility or program administrator when unable to comply with a standard.

1. Variance requests shall be submitted along with the plan of action for any deficiencies cited during the audit. Variance requests shall include:

a. The standard that cannot be met;

b. Justification for variance; and

c. The time frame for the variance.

2. Local correctional facilities and community adult residential programs shall submit the variance request directly to the board.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.6, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

6VAC15-20-90 Appeal process for audits/inspections and schedule

A. The Board of Corrections will review appeals for locally or privately operated community facilities or community residential programs.

B. Appeals shall be submitted to the Compliance and Accreditation Unit (as noted above) along with the plan of action within 10 working days of receipt of the notification of deficiencies. The Compliance and Accreditation Unit supervisor shall submit the appeal to the board.

C. Upon completion of the board's review of the appeal, notification of the decision shall be forwarded no later than five days after the board meeting to the facility or program administrator.

D. If the appeal is ultimately denied by the board, the Compliance and Accreditation Unit will review and confirm the submitted plan of action and present a final recommendation for consideration by the board at the following board meeting.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.7, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

6VAC15-20-100 Board action on audit results

A. The Compliance and Accreditation Unit supervisor shall submit audit reports to the board no later than 60 days after completion of the audit. Audit reports shall include:

1. A list of deficiencies;

2. Plans of corrective action and completion status;

3. Similar deficiencies from the previous audit; and

4. Recommended action for consideration by the board.

B. Based upon the audit report the board shall take one of the following actions:

1. A letter requesting corrective action on deficiencies within a specific time frame shall be issued to the facility or program.

2. A certificate of unconditional certification shall be issued to a facility or community residential program that has complied with all applicable standards.

3. A letter of probationary certification may be issued to a facility or community residential program that has not met all applicable standards if the board grants a specific period of time to correct deficiencies. The department shall provide periodic status reports to the board.

4. A letter of decertification will be issued by the board when a facility or community residential program does not meet the requirements for certification within the time limits approved by the board. The Compliance and Accreditation Unit supervisor shall provide status reports to the board during this period and notify the board when all deficiencies have been corrected.

C. A facility or community residential program's certification status shall remain in effect until subsequent board action.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.8, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

6VAC15-20-110 Notifications

The Compliance and Accreditation Unit supervisor shall notify the facility or program administrator of the certification status immediately following the board's action. The facility or program administrator shall post the letter or certificate in a place conspicuous to the public.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.9, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-120 Actions that can be taken when decertified

When a facility or community residential program is decertified the board may consider taking the following actions in compliance with statutes, policies, and procedures established by the board, the department, or other state or federal agencies:

1. Board action for facilities or community residential programs that are privately operated may include, but not be limited to, the following:

a. The facility or program administrator authorized to take action may bring about a reorganization of the facility or community residential program structure or other personnel actions deemed necessary to bring it into compliance with standards; or

b. The facility or community residential program may be closed in accordance with established procedures.

2. Board action for facilities and community residential programs that are locally operated may include, but not be limited to, the following:

a. Recommend that the facility or program administrator authorized to take action bring about a reorganization of the facility or community residential program structure or other personnel actions deemed necessary to bring it into compliance with standards;

b. Recommend that the facility or community residential program be closed or contractual agreements terminated in accordance with established procedures; or

c. Initiate proceedings for the withholding of funds under the appropriate sections of the Code of Virginia.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-003:1 § 2.10, eff. May 1, 1993; amended, Virginia Register Volume 13, Issue 17, eff. July 1, 1997; Volume 23, Issue 22, eff. August 9, 2007; Volume 28, Issue 6, eff. December 21, 2011.

Part III Inspection Process

6VAC15-20-130 Inspection method

A. Inspections shall be governed by § 53.1-68 of the Code of Virginia.

B. Inspections shall be conducted to inspect for compliance with all life, health and safety standards in the Board of Corrections' Minimum Standards for Local Jails and Lockups (6VAC15-40).

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-140 Inspection schedule

A. All local correctional facilities shall undergo life, health and safety inspections by the Compliance and Accreditation Unit.

B. The Compliance and Accreditation Unit local facilities supervisor shall prepare an annual inspection schedule.

1. The inspection schedule shall not be published outside the Board of Corrections, Department of Corrections and Virginia Department of Health.

2. The inspection schedule shall be prepared in conjunction with the compliance audit schedule.

3. Upon recommendation by the Compliance and Accreditation Unit local facilities supervisor, the board may waive the requirement for an inspection in the year in which a local correctional facility undergoes a compliance audit except in which the local correctional facility administrator changes.

C. New local correctional facilities shall be inspected only after the preparatory audit and first year compliance audit have been completed.

D. Local correctional facility inspections shall be postponed or rescheduled only upon approval of the Compliance and Accreditation Unit local facilities supervisor.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-150 Preparation for inspection

Inspections shall be conducted by a local facilities manager on the basis of an annual schedule assignment.

1. Larger local correctional facilities may require more than one staff person to perform the inspection. In this event, the manager assigned to the inspection may request assistance of other Compliance and Accreditation Unit staff or regional office personnel.

2. The local facilities manager may coordinate the inspection with local health department officials.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-160 On-site inspection procedures

A. The local facilities manager shall announce the intent of the visit and produce official identification if required upon arrival at the local correctional facility.

B. The local correctional facility shall grant access to all documents, staff and areas of the facility necessary to complete the inspection and assess standards compliance.

C. Denial of access to the facility for any reasons other than bonafide security or emergency situations shall result in findings of noncompliance on all standards. In the event of denial of access, the local facilities manager will notify the Compliance and Accreditation Unit manager immediately. The inspection may be rescheduled if it is determined that denial of access was warranted.

D. Compliance data shall be gathered through documentation, interview and observation.

E. The local facilities manager assigned to the inspection shall determine compliance in the event more than one staff conduct the inspection.

F. All life, health and safety standards shall be assessed for compliance at the time of the inspection using the inspection form to indicate a yes or no finding. Situations which prevent access to documentation, observation or interview to determine compliance shall result in a finding of noncompliance for the applicable standard.

G. A debriefing with the facility administrator or staff in charge shall be held upon inspection completion. If requested, the local facilities manager may debrief other jail personnel.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-170 Inspection findings

The inspection report shall be provided to the facility upon completion of the inspection.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-180 Correction of deficiencies

A. Facility administrators shall advise the Compliance and Accreditation Unit local facilities supervisor in writing of the correction of all cited deficiencies within seven days following the inspection. Adequate documentation to support deficiency corrections shall be provided.

B. The Compliance and Accreditation Unit local facilities manager shall assist facilities in correcting deficiencies where necessary and monitor the submission of written notification of deficiency corrections.

C. The Compliance and Accreditation Unit local facilities manager shall maintain copies of all inspection reports and provide a monthly report to the Compliance and Accreditation Unit local facilities supervisor on inspection results. Deficiencies not corrected within 30 days shall be reported as life, health and safety alerts.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-190 Board action on inspection results

A. Inspection results shall be reported by the Compliance and Accreditation Unit local facilities supervisor to the board on a monthly basis and deficiencies not corrected will be reported as life, health and safety alerts.

B. The results of all inspections conducted shall be reported to the board.

C. The board shall be notified immediately of all life, health and safety alerts, including denial of access. Upon review of alert deficiencies, the Board of Corrections chairman, or in his absence the vice chairman, may change the certification status of the facility in question.

D. Board actions taken in response to inspection results shall be as described in 6VAC15-20-100.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007; Errata, 35:6 VA.R. 1008 November 12, 2018.

6VAC15-20-200 Health inspection schedule

A. All local correctional facilities shall undergo inspections by the Virginia Department of Health in accordance with § 53.1-68 of the Code of Virginia.

B. Virginia Department of Health environmental staff, under the delegated power of the State Health Commissioner and the district health director, shall be responsible for scheduling and administrating local correctional facility inspections.

C. The Office of Environmental Health Services of the Virginia Department of Health shall provide the technical and administrative guidance to district and local health departments as necessary or requested. Local health departments may coordinate the inspections with the department's Compliance and Accreditation Unit.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-210 On-site health inspection procedures

A. Virginia Department of Health staff shall announce the intent of the visit and produce official identification if required upon arrival at the facility.

B. The facility shall grant access to all documents, staff and areas of the local correctional facility necessary to complete the inspection.

C. Virginia Department of Health staff shall evaluate jail kitchen facilities in accordance with the Food Regulations, 12VAC5-421. A food establishment permit shall be issued to facilities that comply with the Food Regulations. No permit shall be issued to facilities that are not in substantial compliance with the regulations.

D. Virginia Department of Health staff shall also inspect all areas of the facility necessary to determine compliance with standards for facility cleanliness and housing areas of local correctional facilities designated in the interagency letter of agreement between the Board of Corrections and the Virginia Department of Health.

E. Compliance data shall be gathered through documentation, interview and observation. Situations that prevent access to documentation, observation or interview to determine compliance shall result in a finding of noncompliance for the applicable standard.

F. If possible, food service and standards compliance inspections should occur on the same visit to the facility. In those cases where follow-up visits are necessary, those visits may be coordinated with appropriate facility staff.

G. At the conclusion of the inspection, the facility administrator or designee or both shall be briefed on the inspection findings.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-220 Health inspection findings

The inspection report shall be provided to the facility upon completion of the inspection and a copy shall be forwarded to the department's Compliance and Accreditation Unit within 30 days. In a situation where sanitation and environmental conditions could pose a health hazard, the department shall be notified immediately.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

6VAC15-20-230 Board action on health inspection results

Inspection results which report sanitation and environmental hazards or evidence of noncompliance with standards shall be reported to the board by the Compliance and Accreditation Unit on a monthly basis. Board action taken in response to inspection results shall be as described in 6VAC15-20-100 relating to audits. Follow-up relative to standards shall be the responsibility of the board and the department.

History

• Statutory Authority: § 53.1-5 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 13, Issue 17, eff. July 1, 1997; amended, Virginia Register Volume 23, Issue 22, eff. August 9, 2007.

Chapter 26 Regulations for Human Subject Research [Repealed]

Part I General Provisions [Repealed]

6VAC15-26-10 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 1.1, eff. January 12, 1995; amended, Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-20 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 1.2, eff. January 12, 1995; amended, Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-30 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 1.3, eff. January 12, 1995; amended, Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-40 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 2.1, eff. January 12, 1995; repealed, Virginia Register Volume 30, Issue 7, eff. January 1, 2014.

Part II Human Subject Research Review Committee (HSRRC) [Repealed]

6VAC15-26-50 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 2.2, eff. January 12, 1995; amended, Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-60 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 2.3, eff. January 12, 1995; repealed, Virginia Register Volume 30, Issue 7, eff. January 1, 2014.

6VAC15-26-61 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-70 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 2.4, eff. January 12, 1995; repealed, Virginia Register Volume 30, Issue 7, eff. January 1, 2014.

6VAC15-26-71 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-80 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 2.5, eff. January 12, 1995; repealed, Virginia Register Volume 30, Issue 7, eff. January 1, 2014.

6VAC15-26-81 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-90 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 2.6, eff. January 12, 1995; repealed, Volume 30, Issue 7, eff. January 1, 2014.

6VAC15-26-91 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-100 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 2.7, eff. January 12, 1995; repealed, Volume 30, Issue 7, eff. January 1, 2014.

6VAC15-26-101 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-102 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-110 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 2.8, eff. January 12, 1995; repealed, Volume 30, Issue 7, eff. January 1, 2014.

Part III Role of the Department, Director, and the Board [Repealed]

6VAC15-26-120 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 3.1, eff. January 12, 1995; amended, Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

Part IV Applicability of State and Federal Policies [Repealed]

6VAC15-26-130 (Repealed.)

History

• Historical Notes: Derived from VR230-01-004 § 4.1, eff. January 12, 1995; amended, Virginia Register Volume 30, Issue 7, eff. January 1, 2014; repealed, Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC15-26-140 (Repealed.)

History

• Statutory Authority: §§ 53.1-5 and 53.1-5.1 of the Code of Virginia.
• Historical Notes: Derived from VR230-01-004 § 4.2, eff. January 12, 1995; repealed, Virginia Register Volume 30, Issue 7, eff. January 1, 2014.

Chapter 28 Regulations for Public/Private Joint Venture Work Programs Operated in a State Correctional Facility [Repealed]

Part I General Provisions [Repealed]

6VAC15-28-10 (Repealed.)

History

• Historical Notes: Derived from VR230-01-005 § 1.1, eff. January 26, 1995; amended, Virginia Register Volume 27, Issue 12, eff. March 16, 2011; repealed, Virginia Register Volume 38, Issue 13, eff. March 16, 2022.

6VAC15-28-20 (Repealed.)

History

• Historical Notes: Derived from VR230-01-005 § 1.2, eff. January 26, 1995; repealed, Virginia Register Volume 38, Issue 13, eff. March 16, 2022.

Part II Review Process [Repealed]

6VAC15-28-30 (Repealed.)

History

• Historical Notes: Derived from VR230-01-005 § 2.1, eff. January 26, 1995; amended, Virginia Register Volume 27, Issue 12, eff. March 16, 2011; repealed, Virginia Register Volume 38, Issue 13, eff. March 16, 2022.

Part III Criteria [Repealed]

6VAC15-28-40 (Repealed.)

History

• Historical Notes: Derived from VR230-01-005 § 3.1, eff. January 26, 1995; amended, Virginia Register Volume 27, Issue 12, eff. March 16, 2011; repealed, Virginia Register Volume 38, Issue 13, eff. March 16, 2022.

Chapter 40 Minimum Standards for Jails and Lockups

Part I General Provisions

6VAC15-40-5 Compliance documentation

The elements listed in the compliance documentation shall be interpreted as part of the standard. If facility policy exceeds the requirement of the standard, the facility will be held to the content of such policy.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative segregation" means a form of separation from the general population when the continued presence of the inmate in the general population would pose a serious threat to life, property, self, staff or other inmates, or to the security or orderly running of the facility. Inmates pending investigation for trial on a criminal act or pending transfer can also be included.

"Annual" means an action performed each calendar year.

"Appeal" means the procedure for review of an action by a higher authority.

"Audit" means the determination of facility compliance with standards through an examination of records and operations by a team of qualified professionals.

"Automated External Defibrillator" or "AED" means a device that automatically analyzes the heart rhythm and permits a shock to be delivered to restore a normal heart rhythm if a problem is detected.

"Board" means the Board of Corrections.

"Certification" means an official approval by the Board of Corrections that allows a facility to operate.

"Chief executive officer" means the elected or appointed individual who by law or position, has the overall responsibility for the facility's administration and operation.

"Civilian personnel" means nonsworn facility employees who have been provided with on-the-job training in facility security procedures and emergency plans and communications, and are assigned to posts that do not require direct inmate contact and supervision.

"Classification" means the process for determining inmate housing, custody and program assignments.

"Communication system" means a mechanical audio transmission such as telephone, intercom, walkie talkie or T.V. monitor.

"Compliance and Accreditation Unit" means the unit within the Department of Corrections responsible for conducting triennial certification audits and yearly unannounced life, health, safety inspections of local and regional jails and lockups.

"Compliance documentation" means the required documentation in conjunction with the requirements of this chapter used to determine compliance during triennial certification audits and yearly unannounced life, health, safety inspections.

"Contraband" means any item found in the possession of an inmate or found within the jail or lockup that is illegal by law or not specifically approved for inmate possession by the facility administrator.

"Correctional status information" means records and data concerning a convicted person's custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.

"Criminal history record information" means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal charges and any disposition arising there from. The term shall not include juvenile record information, which is controlled by Chapter 11 (§ 16.1-226 et seq.) of Title 16.1 of the Code of Virginia, criminal justice investigative information or correctional status information.

"Culinary items" means utensils used in a kitchen to prepare and serve food, including knives.

"Current" means unexpired.

"Daily log" means a written or electronic record for the recording of daily activities or unusual incidents.

"Detainee" means any person confined but not serving a sentence.

"Director" means the Director of the Department of Corrections.

"Disciplinary detention" means the separation of an inmate from the general population for misconduct and/or violations of regulations.

"Disposition" as referenced in 6VAC15-40-410 and 6VAC15-40-420 means the removal of an inmate from a medical treatment facility or the physician's discharge plan.

"Disposition" as referenced in 6VAC15-40-710 means how an inmate's clothing and personal possessions are inventoried, and where an inmate's clothing and personal possessions are stored until the inmate is released or transferred.

"Disposition" as referenced in 6VAC15-40-910 means the end result of items found during searches of the facility (returned to property, disposed of, etc.).

"Duty post" means a fixed or mobile work location in which the safety and security of the facility and inmates is carried out.

"Educational release" means an approved absence from the facility for the purpose of participating in an educational program.

"Emergency plan" or "emergency plans" means the written procedures for staff responsibility in the event of fire, hazardous material release, loss of utilities, natural disaster, hostage situations, riots, disturbances, escapes, bomb threats, and mass arrest.

"Erroneous release" means the inadvertent release of an inmate or detainee from the physical plant of the facility.

"Facility" means the actual physical setting in which a program or agency functions.

"Fire prevention practices" means maintaining smoke detection equipment, servicing fire extinguishers, keeping living areas free of clutter, and storing combustible materials in the proper manner.

"Fire safety inspection" means an inspection conducted by the State Fire Marshal's Office or local approved fire marshal.

"Formal count" means a personal observation and counting of each inmate.

"Furlough" means an approved leave of absence from the facility granted to an inmate.

"Good time" means earned credits that will reduce an inmate's time served.

"Grievance procedure" means the method by which inmates may formally address complaints to the facility administration.

"Health care personnel" means individuals whose primary duties are to provide health services to inmates.

"Impartial officer or committee" means individual(s) who are not directly involved in the particular incident or situation being reviewed.

"Indigent inmate" means an inmate having less than the equivalent of the cost of five first class stamps in his account for 15 days.

"Inmate" means any person classified and confined inside the secure perimeter of the facility.

"Inmate handbook" means a manual, pamphlet or handout that contains information describing facility rules, inmate activities, and conduct.

"Inmate records" means written or electronic information concerning an inmate's personal, criminal and medical history, behavior, and activities while in custody.

"Inmate worker" means an inmate classified and assigned to perform various duties and tasks inside and outside the facility under supervision of staff.

"Juvenile" means a person less than 18 years of age who is not adjudicated as an adult.

"Legal mail" means mail addressed to or received from an attorney or court.

"Lockup" means a temporary detention facility where detainees are held for not more than 12 hours.

"Material Safety Data Sheet" or "MSDS" means a document containing information on potential health effects from exposure to chemicals or other potentially dangerous substances, and on safe procedures when handling chemical products.

"Medical authority" means physician or nurse.

"Medical co-payment" means the amount (dictated by facility policy; to be a portion of the costs) an inmate pays for medical services.

"Medical screening" means an observation and interview process within the booking procedure designed to obtain pertinent information regarding an individual's medical or mental health condition.

"Model Plan for Jail Prisoner Medical Treatment Programs" means the model plan for medical treatment fees developed by the Board of Corrections to serve as a guide for the establishment of a medical treatment program per § 53.1-133.01 of the Code of Virginia.

"Orientation" means information for newly admitted inmates pertaining to facility rules and regulations, access to medical services, medical services fees and payment procedures, and programs available.

"Pharmaceuticals" means prescription and nonprescription drugs.

"Policy" means a definitive statement of position on an issue concerning the organization's effective operation.

"Policy and procedures manual" means a written or electronic record containing all policies and procedures needed for the operation of the facility in accordance with the law and the minimum standards for local jails and lockups.

"Post order" means a list of specific job functions and responsibilities required of each duty post or position.

"Procedure" means a detailed, step-by-step description of the activities necessary to fulfill the policy. A procedure describes how, when, where, and by whom the organization will implement and fulfill the policy.

"Program" means the plan or system through which a correctional agency works to meet its goals; often the program requires a distinct physical setting.

"Protective custody" means a form of separation from the general population for inmates requesting or requiring protection from other inmates.

"Quarterly" means an action that occurs once every three months within a calendar year.

"Recognized certifying agency" means an agency, such as the American Red Cross, the American Heart Association, or a local hospital or fire department, that is approved and recognized as being qualified to instruct first aid and CPR courses.

"Recreational activities" means any out-of-cell activity ranging from scheduled outside or inside recreation to informal tabletop games.

"Regional jail" (as defined in § 53.1-82 of the Code of Virginia) means three or more counties or cities, or any combination thereof, that are authorized to contract for services for the detention and confinement of categories of offenders in single or regional jail facilities operated by the contracting jurisdictions. In addition (i) any three or more counties, cities, or towns, or any combination thereof, operating a jail facility pursuant to an agreement for cooperative jailing established on or before January 31, 1993; (ii) any existing regional jail facility established by only two cities, counties, or towns on or before June 30, 1982; and (iii) any regional jail facility established by only two contiguous counties whose boundaries are not contiguous by land with the boundaries of any other county in the Commonwealth, may participate under the provisions of this section. The board shall promulgate regulations specifying the categories of offenders that may be served pursuant to the contracts provided for herein.

"Rehabilitation release" means an approved absence from the facility for the purposes of participating in a rehabilitation program.

"Security staff" means those officers who have completed on-the-job training and whose primary responsibilities are the safety and security of the facility and inmates.

"Sharps" means any medical or dental instrument (lancet, needle, syringe, scalpel, etc.) stored and used within the facility.

"State offender" means an individual sentenced to a term of incarceration in accordance with § 53.1-20 of the Code of Virginia. For the purpose of 6VAC15-40-230 and 6VAC15-40-240 relative to work release, educational release or rehabilitation release, a state offender shall be defined in terms of the intake schedule pursuant to § 53.1-20 of the Code of Virginia.

"Trained" means completion of on-the-job training including, at a minimum, the following topics: key control, count procedures, emergency plans, first aid and CPR, universal precautions, suicide prevention, use of force, emergency communication, and security operations. A supervisor or field training officer current in Basic Jail Training shall verify in writing the individual has received on-the-job training and is competent in said training. The scope and breadth of the training shall be at the discretion of the sheriff or facility administrator.

"Twelve months" means no later then the last day of the same month each year.

"Universal precautions" means a set of procedural directives and guidelines detailing placing barriers between staff and all blood and bodily fluids. These directives include provisions for protective barrier devices, standardized labeling of biohazards, mandatory training of employees in universal precautions, management of exposure incidents, and the availability of immunization for employees against Hepatitis B.

"Virginia Department of Health inspection" or "VDH inspection" means the required 12-month inspection conducted by the VDH.

"Volunteer" means an individual who provides services to the facility without compensation.

"Work release" means full-time employment or participation in suitable vocational training programs.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 1.1, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-20 Responsibility

The primary responsibility for application of these standards shall be with the sheriff or chief executive officer of the jail or lockup.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 1.5, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-30 Requirement for written statement

The facility shall have a written statement and policy discussing its philosophy, goals and objectives. The written statement shall be reviewed every 12 months by administrative staff.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 2.1, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-40 Policy and procedures manual

Written policy and procedures shall be maintained and available 24 hours a day to all staff. The facility's policies and procedures shall be reviewed every 12 months by administrative staff and updated to keep current with changes.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 2.2, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-50 Chief executive officer

Written policy shall provide that each facility shall be headed by a single chief executive officer to whom all employees and functional units are responsible.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 2.3, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-60 Annual report

A written annual report of the availability of services and programs to inmates shall be reviewed by the facility administrator and provided to the sentencing courts and may be provided to relevant community agencies.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 2.4, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

Part III General Administration and Management

6VAC15-40-70 Release of information

Written policies and procedures covering the release of information shall be developed in accordance with the Regulations Relating to Criminal History Record Information Use and Security (6VAC20-120-10 et seq.), as promulgated by the Criminal Justice Services Board.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 3.1, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-80 Current and accurate inmate records

Written policy, procedure and practice shall ensure that inmate records are current and accurate.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 3.2, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-90 Content of personal inmate records

Personal records shall be maintained on all inmates committed or assigned to the facility. Inmate records shall be kept confidential, securely maintained, and in good order to facilitate timely access by staff. Inmate records shall contain, but not be limited to:

1. Inmate data form;

2. Commitment form or court order, or both;

3. Records developed as a result of classification;

4. All disciplinary actions, or unusual incidents;

5. Work record and program involvement;

6. Copies of inmates' property expenditure records and receipts; and

7. Victim notification, if applicable.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 3.3, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-100 Daily logs

The facility shall maintain a daily log(s) that records the following information:

1. Inmate count and location, to be verified with a minimum of one formal count per shift, observing flesh and movement;

2. Intake and release of inmates;

3. Entries and exits of physicians, attorneys, ministers, and other nonfacility personnel; and

4. Any unusual incidents that result in physical harm to, or threaten the safety of, any person or the security of the facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 3.4, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-110 Serious incident reports

A report setting forth in detail the pertinent facts of deaths, discharging of firearms, erroneous releases, escapes, fires requiring evacuation of inmates, hostage situations, and recapture of escapees shall be reported to the Local Facilities Supervisor of the Compliance and Accreditation Unit, Department of Corrections (DOC), or designee. The initial report shall be made within 24 hours and a full report submitted at the end of the investigation.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 3.5; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-120 Classification

A. Written policy, procedure, and practice shall ensure the following:

1. Classification of inmates as to level of housing assignment and participation in correctional programs;

2. Separate living quarters for males, females, and juveniles;

3. Inmates are not segregated by race, color, creed or national origin;

4. Security permitting, equal access to all programs and activities, through separate scheduling, or other utilization of combined programs under supervision; and

5. Any exception to the above is documented.

B. If the facility is using objective classification, then the provisions of this subsection shall be followed:

1. Classification is conducted upon intake and prior to final housing assignment;

2. Classification determines the custody level and housing assignment;

3. Classification is conducted through inmate interviews and the use of data collection instruments or forms, which are maintained on file;

4. Classification instruments enable objective evaluation and/or scoring of:

a. Current offenses.

b. Prior convictions.

c. History of assaultive behavior.

d. Escape history.

e. Prior institutional adjustment.

f. Court status and pending charges.

g. Mental health or medical treatment history or needs.

h. Identified stability factors;

5. The classification system includes administrative review of decisions and periodic reclassification and override procedures that are documented and maintained on file;

6. The classification system addresses both the potential security risks posed and treatment needs of the inmate;

7. Separate living quarters for males, females, and juveniles; and

8. Inmates are not segregated by race, color, creed, or national origin.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 3.5, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-130 Written grievance procedure

A written grievance procedure shall be developed and made available to all inmates with the following:

1. Inmates shall be given a grievance form after exhausting all prerequisites of the grievance procedure. Prerequisites shall be documented.

2. Grievances shall be responded to within nine work days of receipt.

3. Written responses, including the reason for the decision, shall be made to all grievances.

4. A review shall be made by a staff member not directly involved in the grievance.

5. All inmates shall have access to the grievance procedure with guaranty against reprisal.

6. All inmates shall be afforded the opportunity to appeal the decision.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 3.6, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

Part IV Programs and Services

6VAC15-40-140 Awareness of programs

The facility administrator or designee shall make each inmate aware of available programs.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.1, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-150 Inmate exercise

Written policy, procedure, and practice shall provide that all inmates have access to physical exercise. Facilities with specified exercise areas shall provide inmate exercise a minimum of one hour per week. Facilities without specified exercise areas shall provide equipment or an area within the dayroom for inmates to exercise large muscle groups on a daily basis. Shortage of staff shall not hinder inmate access to physical exercise. Exceptions for inclement weather or risk to security shall be documented.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.2, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-155 Access to recreational activities

Written policy, procedure and practice shall provide inmates access to recreational activities.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-160 Written procedures for release program eligibility criteria

Written procedures outlining the eligibility criteria for participation in a work release, educational release, electronic monitoring, or rehabilitation release program shall be developed by each facility with a work release, educational release, electronic monitoring, or rehabilitation release program. Inmates shall meet the established eligibility requirements prior to being released to participate in the program.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.3; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-170 Written procedures for accountability of inmate participants

Written procedures shall ensure the accountability of inmate participants and provide for supervision in the community. Such procedures shall include, at a minimum:

1. Provisions for a daily inmate count;

2. Methods for determining and identifying inmates who are authorized to leave the facility;

3. Provisions for a controlled sign-out and sign-in process; and

4. Provisions that require that a minimum of one staff-initiated telephone contact per calendar week and a minimum of one random field visit per month or GPS monitoring shall be used to verify the inmate's location within the community.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.4; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-180 Conditions for inmate participation in a work release program

Inmate participation in a work release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court:

1. Participation by the inmate shall be on a voluntary basis.

2. The following conditions shall be met where the employer has a federal contract:

a. Representatives of local union central bodies or similar labor union organizations shall have been consulted;

b. Employment shall not result in the displacement of employed workers, or be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and

c. Rates of pay and other conditions of employment shall not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.5; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-190 Conditions for inmate participation in educational release or rehabilitation release programs

Inmate participation in an educational release or rehabilitation release program shall conform to the following specific conditions unless ordered otherwise by an appropriate court:

1. Participation by the inmate may be voluntary or court ordered;

2. Meetings or classes shall be on a regularly scheduled basis; and

3. Other conditions shall not be more restrictive on the inmate than those required by other participants.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.6; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-200 Furlough

Inmate participants in a work release, educational release, or rehabilitation release program may be considered for furlough, as prescribed by the facility policy, not to exceed three days in length at any one time. Written procedures shall govern the granting of furloughs in accordance with the provisions of § 53.1-132 of the Code of Virginia.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-210 Earnings

Written procedures shall be developed to ensure the accountability of all earnings received, disbursed, to whom and reason on behalf of the inmate participant. Procedures shall be in accordance with § 53.1-131 of the Code of Virginia.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-220 Removing inmate participants from program

Written procedures shall establish the criteria and process for removing inmate participants from the program.

1. Procedures shall include provisions for an impartial hearing for the inmate participants.

2. Procedures shall include provisions for appealing the removal.

3. Documentation shall reflect that this information was explained to all inmate participants upon assignment to the program.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-230 Written agreement with director

Each facility having a work release, educational release, or rehabilitation release program that includes state offenders as defined in § 53.1-20 of the Code of Virginia shall have a written agreement with the director, or his designee.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-240 Offender participation in compliance with appropriate criteria and approval

State offenders assigned to a work release, educational release, or rehabilitation release program shall meet the appropriate criteria set forth by the Department of Corrections (DOC), be approved by the DOC Central Classification Services and the management review process pursuant to a written agreement as provided for in accordance with § 53.1-131 of the Code of Virginia.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.7; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-250 Participation in religious services or counseling

Written policy, procedure, and practice shall allow inmates to participate voluntarily in available religious services or counseling of their choice during scheduled hours within the facility. The constitutional right to pursue any lawful and legitimate religious practice shall be guaranteed to all inmates consistent with maintaining the order and security of the facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.3, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-260 Social services and volunteer programs

Where volunteers provide direct services to inmates in the facility written policies and procedures shall describe each available service or program. The facility shall secure and support available social services and volunteer programs from the community.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.4, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-270 Coordination of volunteer program

The volunteer program shall be coordinated and administered in accordance with written policies and procedures. Each volunteer shall sign a statement agreeing to abide by facility rules and regulations.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.5, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-280 Availability and administration of educational services

Written policy, procedure, and practice shall govern the availability and administration of educational services for inmates, including a written agreement with the local school authority for the provision of special education. The facility administrator shall coordinate with local authorities for the provision of community services and resources utilized for this purpose, where available.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.6, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-290 Provisions of reading materials

The facility shall provide reading materials that include current periodicals.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.7, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-300 Permission of reading materials

Reading materials, including newspapers, magazines and books, shall be permitted in the facility unless the material poses a threat to security or is not in compliance with other facility restrictions or guidelines.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.8, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-310 Commissary services

The facility shall make available to inmates commissary services where they may purchase from an approved list of items at a minimum of one time per week. Written policy and procedure shall describe the circumstances and duration under which inmates may be restricted from this privilege.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.9, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-320 Licensed physician

A licensed physician shall supervise the facility's medical and health care services. Facilities that contract with private medical facilities or vendors shall maintain a current copy of the agreement, unless employed by the facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.10, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-330 Restrictions on physician

No restrictions shall be imposed on the physician by the facility in the practice of medicine. However, administrative and security regulations applicable to facility personnel shall apply to medical personnel as well.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.11, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-340 Health care provider and licensing, certification, and qualification of health care personnel.

Each facility shall have a minimum of one licensed or qualified health care provider who is accessible to inmates a minimum of one time per week. Health care personnel shall meet appropriate and current licensing, certification, or qualification requirements.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.12, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-350 Private examination and treatment of inmates

Where in-house medical and health care services are provided there shall be space for the private examination and treatment of inmates.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.13, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-360 Twenty-four-hour emergency medical and mental health care

Written policy, procedure, and practice shall provide 24-hour emergency medical and mental health care availability.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.14, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-370 Receiving and medical screening of inmates

Written policy, procedure, and practice shall provide that receiving and medical screening be performed on all inmates upon admission to the facility. The medical screening shall:

1. Specify screening for current illnesses, health problems and conditions, and past history of communicable diseases;

2. Specify screening for current symptoms regarding the inmate's mental health, dental problems, allergies, present medications, special dietary requirements, and symptoms of venereal disease;

3. Include inquiry into past and present drug and alcohol abuse, mental health status, depression, suicidal tendencies, and skin condition;

4. For female inmates, include inquiry into possible pregnancy or gynecological problems; and

5. All inmates shall receive a tuberculosis (TB) skin test within seven days of admission to the facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.15, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-380 Inmate access to medical services

Written policy, procedure, and practice shall be developed whereby inmates shall be informed, at the time of admission to the facility, of the procedures for gaining access to medical services.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.16, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-390 Training and competency of staff

All security staff shall be trained and competent in rendering basic first aid and CPR by a recognized certifying agency. All training shall be documented.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.17, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-393 Universal precautions

All staff who have contact with inmates shall be trained, competent, and knowledgeable in the use of universal precautions. All training shall be documented and completed every 12 months.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-395 Management of sharps

Written policy, procedure, and practice shall govern the control, storage, and use of sharps including at a minimum needles, scalpels, lancets, and dental tools.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-400 Management of pharmaceuticals

Written procedures for the management of pharmaceuticals shall be established and approved by the medical authority or pharmacist, if applicable. Written policy, procedure, and practice shall provide for the proper management of pharmaceuticals, including receipt, storage, dispensing, and distribution of drugs. These procedures shall be reviewed every 12 months by the medical authority or pharmacist. Such reviews shall be documented.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.27; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-405 Automated External Defibrillator (AED)

There shall be a minimum of one AED unit available in the facility. All security staff shall receive training in the operation of the unit.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-410 Inmate medical records

The medical record for each inmate shall be kept separate from other facility records and shall include the following:

1. The completed screening form; and

2. All findings, diagnoses, treatment, dispositions, prescriptions, and administration of medication.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.19, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-420 Transfer of summaries of medical record

Medical record summaries shall be transferred to the same facility to which the inmate is being transferred. Required information shall include: vital signs, current medications, current medical/dental problems, mental health screening, mental health problems, TB skin test date and results, special inmate needs/accommodations, pending medical appointments, medical dispositions, overall comments, health care provider/personnel signature and date, and any additional pertinent medical information such as lab work, x-rays, etc.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.20, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-430 Medical or pharmaceutical testing for experimental or research purposes

Written policy and practice shall prohibit medical or pharmaceutical testing for experimental or research purposes.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.21, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-440 Medical care provided by personnel other than physician

Medical care provided by personnel other than a physician shall be pursuant to a written protocol or order. Protocols or orders shall be reviewed and signed by the supervising physician every 12 months.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.22, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-450 Suicide prevention and intervention plan

There shall be a written suicide prevention and intervention plan. These procedures shall be reviewed and documented by an appropriate medical or mental health authority prior to implementation and every three years thereafter. These procedures shall be reviewed every 12 months by staff having contact with inmates. Such reviews shall be documented.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.32; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-460 (Repealed.)

History

• Historical Notes: Derived from VR230-30-001 § 4.33; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002; repealed, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-470 Medical copayment

Jail medical treatment programs wherein inmates pay a portion of the costs for medical services shall be governed by written policy and procedure.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.34; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-480 Set fees required

Inmate payment for medical services shall be up to, but shall not exceed, those fees established by the Board of Corrections in the Model Plan for Jail Prisoner Medical Treatment Programs per § 53.1-133.01 of the Code of Virginia.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.35; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-490 Policy and procedure information

Written policy and procedure shall specify, at a minimum, the following information:

1. Medical services that are subject to fees;

2. Fee amounts;

3. Payment procedures;

4. Medical services that are provided at no cost;

5. Fee application to medical emergencies, chronic care and pre-existing conditions; and

6. Written notification to inmates of proposed fee changes.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.36; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-500 Inmates advised of procedures

Inmates shall be advised of medical service fees and payment procedures at the time of admission/orientation.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.37; Virginia Register Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-510 Ability to pay

Written policy, procedure, and practice shall ensure that no inmate will be denied access to medically necessary services based upon ability to pay.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.38; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-520 Acknowledgment in writing

Medical services fee debits to inmate accounts shall be acknowledged by the inmate in writing. The acknowledgement shall be signed by a witness if the inmate refuses to sign.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.39; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-530 Accounting process

A separate bank account, or accounting process, shall be established and used exclusively for the deposit and disbursal of medical service fees. Fee collections and disbursements shall be governed by generally accepted accounting principles.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.40; Virginia Register Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-540 Standards for food service equipment and personnel

Written policy, procedure and practice shall ensure that the facility's food service equipment and personnel meet the established safety and protection standards and requirements as set forth by the State Board of Health's Food Regulations (12VAC5-421). The facility shall have a Virginia Department of Health (VDH) inspection conducted every 12 months. Written reports of the VDH inspection shall be on file with the facility administrator.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.23, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-545 Standards for inmate food service workers

Written policy, procedure, and practice shall ensure that a visual medical examination of each inmate assigned to food service occurs no more than 30 days prior to assignment and quarterly thereafter. Each inmate shall be given a TB skin test prior to food service assignment. Such tests shall be documented. If an inmate tests positive for TB, that inmate shall not be granted assignment to food service.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-550 Food service program

Written policy, procedure, and practice shall ensure a food service program that meets the following:

1. The menu meets the dietary allowances as stated in the Recommended Dietary Allowances (RDA), National Academy of Sciences;

2. There is at least a one-week advance menu preparation;

3. Modifications in menus are based on inmates' medical or reasonable religious requirements. Medical or dental diets shall be prescribed by the facility's medical authority;

4. RDA evaluation of facility menus shall be completed by an independent registered dietitian or certified nutritionist every three years; and

5. Additional evaluations shall be completed when a substantive change in the menu or food service provider occurs.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.24, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-560 Meals prepared, delivered and served under direct supervision of staff

Written policy, procedure, and practice shall ensure meals are prepared, delivered, and served under the direct supervision of staff.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.25, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-570 Records of meals served

Written policy, procedure and practice shall ensure that records of meals served are kept for a minimum of three years.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.26, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-580 Food service program not a disciplinary measure

Written policy, procedure and practice shall ensure food is not used as a disciplinary measure.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.27, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-590 Number and spacing of meals

Written policy, procedure and practice shall provide for at least three meals daily with no more than 14 hours between evening meal and breakfast, and a minimum of two hot meals within every 24 hours.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.28, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-600 Correspondence privileges

Written policy, procedure, and practice shall ensure that all inmates, regardless of their jail status, shall be afforded the same correspondence privileges. Correspondence privileges shall not be withdrawn as punishment.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.29, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-610 Volume and content of inmate mail

Written policy, procedure, and practice shall ensure that there is no limit on the volume of mail an inmate may send or receive, or on the length, language, content, or source of such mail, except where there is clear and convincing evidence to justify such limitations.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 and of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.30, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-620 Postage allowance

Written policy, procedure, and practice shall make available a postage allowance of at least five first-class rate (one ounce) letters per week, including legal mail, to indigent inmates. An indigent inmate shall be defined as an inmate having less than the cost of five first class stamps in his account for 15 days.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.31, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-630 Outgoing and incoming mail

Written policy, procedure, and practice shall ensure that outgoing mail is collected and sent during normal United States Postal Service (USPS) days of operation. Incoming mail to inmates shall be delivered no later than 24 hours after arrival at the facility (contingent upon normal USPS days of operation), or shall be forwarded or returned to sender.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.33, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-640 General and legal correspondence

All general correspondence may be opened, examined, and censored by authorized personnel as per the USPS Administrative Support Manual, Section 274.96. If searched, all legal correspondence shall be opened in the presence of the inmate.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.33, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-650 Notice of seizure of mail contraband

Written policy, procedure, and practice shall ensure notice of the seizure of mail contraband is given to the inmate with the reason for the seizure in writing. The sender shall be allowed the opportunity to appeal the seizure to the facility administrator or a designee empowered to reverse seizure. Unless it is needed for a criminal investigation or prosecution, property that can legally be possessed outside the facility shall be stored, returned to sender, if known, or destroyed.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.34, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-660 Access to telephone facilities

Written policy, procedure, and practice shall ensure inmates have reasonable access to telephone facilities, except where safety and security considerations are documented.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.35, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-670 Delivery of emergency messages to inmates

Written policy, procedure, and practice shall ensure that emergency messages to inmates are delivered promptly and documented.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.36, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-680 Visiting opportunities

Written policy, procedure and practice shall ensure maximum visiting opportunities limited only by facility schedules, space, personnel constraints and inmate disciplinary status. Attorneys shall be permitted to have confidential visits with their clients.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.37, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-690 Approved items visitors may bring into facility

The facility shall have a posted list of approved items that visitors may bring into the facility. Items brought into the facility by visitors for inmates shall be subject to inspections and approval.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.38, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-700 Requirements of visitor registration and visitor searches

Written policy, procedure and practice shall specify requirements for visitor registration and the circumstances and methods under which visitors may be searched.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 4.39, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

Part V Jail Operations

6VAC15-40-710 Admitting individuals into jail

Written policy, procedure and practice for admitting individuals into the jail shall address the following:

1. Verification of commitment;

2. Complete search of the individual and his possessions;

3. Disposition of clothing and personal possessions;

4. Interview for obtaining identifying data;

5. Photograph; and

6. Telephone calls.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.1, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-720 Inmates confined to jail

Written policy, procedure, and practice for those inmates to be confined in the jail shall address the following:

1. Shower/search;

2. Issuance of clean clothing/hygiene items/linen;

3. Classification and housing assignment;

4. Orientation; and

5. Provision of mattresses.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.2, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-730 Telephone calls during the booking process

Written policy, procedure, and practice shall specify that newly admitted inmates who are physically capable are permitted to complete at least two local or long-distance telephone calls during the booking process. Reasonable accommodations shall be made for non-English speaking inmates, as well as hearing impaired and visually impaired inmates.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.3, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-740 Requirements for linens and towels

Written policy, procedure, and practice shall provide that a record is kept to show that clean linens and towels are supplied once a week, a clean change of clothing is provided twice per week, and inmates shall be held accountable for their use.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.4, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-750 Issuance of special and protective clothing

The facility shall provide for the issuance of special and protective clothing to inmates assigned to food services, farm, sanitation, mechanical services, and other special work functions.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.5, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-760 Bathing

There shall be sufficient hot and cold water for bathing. Each inmate shall be allowed to bathe twice a week.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.6, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-770 Provision of hygiene items

The facility shall provide soap, a toothbrush, and toothpaste or toothpowder to each inmate upon admission to the general population. Feminine hygiene items, including sanitary napkins and tampons, shall be provided upon request to each female inmate without charge. Notwithstanding security considerations, shaving equipment, including a mirror, and haircuts shall be made available, and the hygiene needs of all inmates shall be met.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.7, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012; Volume 35, Issue 7, eff. January 10, 2019.

6VAC15-40-780 Items inmates may retain

Written policy and procedures shall state what items the inmate may retain in his possession.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.8, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-790 Inventory of cash and personal property

A written itemized inventory of cash and personal property of each inmate shall be made at the time of initial booking. A copy signed by both staff and inmate shall be furnished to the inmate. Computerized officer identification shall not substitute for a signature.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.9, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-800 Accounting of inmate expenditures and receipts of money

Inmates' personal funds held by the facility are controlled by accepted accounting procedures. The facility shall provide the inmate with a copy of his itemized account upon reasonable request.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.10, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-810 Return of inmate property and funds

Inmate property and funds shall be returned upon release or transfer and receipted for by the inmate in writing.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.27, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-820 Conduct

Written policy, procedure, and practice shall govern inmate discipline and shall include:

1. Rules of conduct, including sanctions for rule violations;

2. Procedures and provisions for pre-hearing disciplinary detention; and

3. Procedures for processing violators that may include plea agreements that may waive the inmates' right to appeal.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.12, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-830 Inmate handbook

Upon initial housing assignment and following intake and reception processing, each inmate shall be informed of, receive, and sign for:

1. A copy of the inmate rules of conduct, including sanctions; and

2. The policy and procedures governing inmate discipline.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.13, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-831 Fee for inmate keep

If the facility has elected to establish a program to charge a fee for inmate keep, such fee shall be up to, but shall not exceed, the fee stated in the Board of Corrections Model Plan for Payment of Costs Associated with Inmate Keep per § 53.1-131.3 of the Code of Virginia. Written policy, procedure, and practice shall include, at a minimum, the following:

1. Provisions requiring the facility to notify the inmate of such fee in writing upon admission/orientation;

2. Payment and refund procedures;

3. Accounting procedures;

4. Provisions designating which, if any, inmates are exempt;

5. If the release date and the date of arrival are within 24 hours, provisions to charge the inmate only the equivalent of one day's fee; and

6. Whenever an inmate has been charged the fee, provisions specifying that the deduction shall be reflected on the inmate's account.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-833 Discipline

Whenever an inmate may be deprived of good time or placed on disciplinary segregation the minimum procedural requirements shall include:

1. The accused inmate shall be given written notice of the charge and the factual basis for it at least 24 hours prior to hearing of the charge;

2. The charge shall be heard in the inmate's presence by an impartial officer or committee unless that right is waived in writing by the inmate or through the inmate's behavior. The accused inmate may be excluded during the testimony of any inmate whose testimony must be given in confidence. The reasons for the inmate's absence or exclusion shall be documented;

3. The accused inmate shall be given an opportunity to have the assistance of a staff member or fellow inmate in defending the charge;

4. The inmate shall be given a written statement by the fact finders as to the evidence relied upon and the reasons for the disciplinary action; and

5. The inmate shall be permitted to appeal any finding of guilt to the facility administrator or designee.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-835 Sanctions

Whenever an inmate is punished, such as reprimands or loss of privileges, the minimum procedural requirements shall include:

1. The accused inmate shall have an opportunity to explain or deny the charge; and

2. The inmate shall have the opportunity to appeal any finding of guilt to the facility administrator or designee.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-840 Post to control security of jail

The facility shall maintain a designated post, staffed 24 hours a day, that controls activities and flow of people in and out of the secure area of the jail. Main facility control posts may be staffed by civilian personnel who have been provided on-the-job training in facility security procedures, emergency plans, and communications. Such training shall be documented in writing with the same frequency as required by standards for all facility employees. Civilian personnel assigned to control posts shall not be assigned to other posts requiring direct inmate contact and supervision.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.14, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-850 Security of outside recreation

The facility's outside recreation area shall be secure so that inmates shall not have physical access to the general public without authorization.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.15, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-860 Security of entrances and doors

Written policy, procedure and practice shall require that all security perimeter entrances, control center doors, cell block doors and all doors opening into a corridor are kept locked except when used for admission or exit of employees, inmates or visitors, or in emergencies.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.16, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-870 Security and storage of security devices

Written policy, procedure, and practice shall govern the security, storage, and use of firearms, ammunition, chemical agents, and related security devices that are stored in and assigned to the facility to ensure that:

1. The facility shall provide secure storage for firearms, ammunition, chemical agents, and related security devices accessible to authorized personnel only and located outside the security perimeter or the inmate housing and activity areas;

2. Personnel who carry firearms and ammunition are assigned positions that are inaccessible to inmates (with the exception of emergencies); and

3. Personnel who discharge firearms or use chemical agents other than for training purposes, submit written reports to the facility administrator or designee no later than the conclusion of the shift during which same are discharged or used.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.17, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-880 Officer entry

Written policy and procedures shall specify the conditions under which an officer can enter a security cell or cell block during an emergency situation.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 and of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.18, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-890 Mechanical audio communications system

The facility shall provide a mechanical audio communications system allowing staff to communicate with each other to facilitate staff supervision.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.19, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-900 Examination and maintenance of security devices

Written policy, procedure and practice shall specify that, at least once daily, a careful examination is made of all security devices and that maintenance is routinely performed to ensure their proper operation.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.20, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-910 Searches of facility and inmates

Written policy, procedure, and practice provide for searches of facilities and inmates to control contraband and provide for the disposition of contraband. A schedule of searches shall be developed to ensure all housing areas of the facility have been searched on a random, but at least quarterly, basis. These procedures are not made available to inmates.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.21, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-920 Contraband

The facility shall have a policy regarding the control of contraband. The policy shall be available to inmates via the inmate handbook or orientation.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.22, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-930 Key and door control

Written policy, procedure, and practice shall govern key and door control. Perimeter security door keys shall not be issued to staff unless authorized as per the approved emergency plans.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.23, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-940 Culinary items

Written policy, procedure, and practice shall govern the control and use of culinary items.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.24, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-945 Tools

Written policy, procedure, and practice shall govern the control and use of tools.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-950 Flammable, toxic and caustic materials

Written policy, procedure, and practice shall specify the control and storage of cleaning equipment and use of all flammables, toxic, and caustic materials. Inmate access shall be limited and closely supervised.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.25, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-960 Functions of duty post

Each duty post or position shall maintain a clear description of the functions of that duty post or position. A copy of the post orders shall be readily available.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.26, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-970 Restriction of physical force

Written policy, procedure, and practice shall restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, orderly operation of the facility and prevention of escapes. In no event is physical force justifiable as punishment. A written report shall be prepared following all such incidents described above and shall be submitted to the facility administrator, or designee, for review and justification.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.27, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-980 Restraint equipment

Written policy, procedure and practice shall govern the use of restraint equipment. A written protocol pertaining to the monitoring of inmates in restraint equipment shall be established and approved by the medical authority.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.28, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-985 Restraint of pregnant offenders

A. This subsection is intended to apply to the transportation outside the secure perimeter such that inmates known to be pregnant shall be handcuffed only in front, unless an individualized determination is made that the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk.

1. If an individualized determination has been made, then such inmate will be restrained in the least restrictive method necessary for outside transport. Waist chains/belts shall not be used.

2. If it is deemed more restrictive restraints are needed during transport, security staff shall notify a supervisor as soon as reasonably possible and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.

B. No restraints will be used during labor and delivery unless an individualized determination has been made that the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk.

C. This subsection is intended to apply to labor and delivery such that if there is an individualized determination that restraints are needed, the least restrictive alternative will be used in consultation with the medical professional, but restraints shall be immediately removed upon the request of any doctor, nurse, or other health professional treating the inmate if the restraints present a threat to the health or life of the inmate or child. Waist chains/belts shall not be used.

D. If it is deemed more restrictive restraints are needed during labor and delivery, security staff shall notify a supervisor as soon as reasonably practical and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.

E. This subsection is intended to apply during postpartum recovery while the inmate is in the hospital such that after an individualized determination, an inmate shall be restrained in the least restrictive method (i.e., one ankle restraint or one arm restraint) that will allow for the mother's safe handling of her infant and mother-infant bonding, except where necessary when the inmate is a flight risk or danger to herself or others, or the totality of the circumstances creates a serious security risk. If it is deemed restraints more restrictive than one ankle restraint or one arm restraint are needed, security staff shall notify a supervisor as soon as reasonably practical and a use of force report indicating the reason for the use of restraints and type of restraints shall be submitted to a supervisor no later than the conclusion of the shift for review and justification.

F. All staff shall annually review policy related to restraining pregnant inmates.

G. This subsection is intended to apply to inmates known to be pregnant who are in a facility for medical treatment unrelated to labor and delivery. Such inmates will be restrained in the least restrictive method necessary in consultation with the medical professional. Waist chains/belts shall not be used.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 30, Issue 16, eff. May 8, 2014.

6VAC15-40-990 Administrative segregation

Written policy, procedure and practice shall provide for administrative segregation of inmates who pose a security threat to the facility or other inmates and for inmates requiring protective custody.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.29, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1000 Physical living conditions for disciplinary detention and administrative segregation

Written policy, procedure, and practice shall ensure that, inmate behavior permitting, the disciplinary detention and administrative segregation units provide physical living conditions that approximate those offered in the general population.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.30, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1010 Mental health inmates

Written policy, procedure, and practice shall specify the handling of mental health inmates, including a current agreement to utilize mental health services from either a private contractor or the community services board.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.31, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1020 Record of activities in disciplinary detention and administrative segregation

Written policy, procedure, and practice shall ensure that a record is kept of scheduled activities in disciplinary detention and administrative segregation units. Documented activities shall include the following: admissions, visits, showers, exercise periods, meals, unusual behavior, mail, and release.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.32, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1030 Assessment of inmates in disciplinary detention or administrative segregation

Written policy, procedure, and practice shall require that a documented assessment by medical personnel that shall include a personal interview and medical evaluation of vital signs, is conducted when an inmate remains in disciplinary detention or administrative segregation for 15 days and every 15 days thereafter. If an inmate refuses to be evaluated, such refusal shall be documented.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.33, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1040 Staff training

The facility shall provide for 24-hour supervision of all inmates by trained personnel.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.34, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1045 Supervision of inmates

All inmate housing areas shall be inspected a minimum of twice per hour at random intervals between inspections. All inspections and unusual incidents shall be documented. No obstructions shall be placed in the bars or windows that would prevent the ability of staff to view inmates or the entire housing area.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1050 Supervisory inspection

Supervisory staff shall conduct a general, daily inspection of the facility. Such inspections shall be documented. Unusual findings shall be documented and submitted to the senior supervisor or designee on duty for review.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.35, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1060 Movement of inmates

Written policy, procedure and practice shall regulate the movement of inmates within the facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.36, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1070 Prohibition of inmate control over other inmates

Written policy, procedure and practice shall prohibit inmates from supervising, controlling or exerting any authority over other inmates.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.37, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-1080 Emergency plans and fire drills

There shall be fire prevention practices and written emergency plans that outline duties of staff, procedures and evacuation routes. Emergency plans shall include responses in the event of fire, hazardous material release, loss of utilities, natural disaster, hostage situations, riots, disturbances, escapes, bomb threats, and mass arrest. Emergency plans shall be reviewed every 12 months by all staff. These reviews shall be documented. Each facility shall conduct and document quarterly fire drills.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.38, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1090 Release of inmates

Written policy, procedure, and practice shall require that, prior to the release of an inmate, positive identification is made of the releasee, authority for release is verified, and a check for holds in other jurisdictions is completed.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 5.39, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

Part VI Jail Physical Plant

6VAC15-40-1100 Fire safety inspections

The facility shall have a state or local fire safety inspections conducted every 12 months. Localities that do not enforce the Virginia Statewide Fire Prevention Code shall have the inspections performed by the State Fire Marshal's Office. Written reports of the fire safety inspection shall be on file with the facility administrator.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 6.1, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1110 (Repealed.)

Historical Notes

Derived from VR230-30-001 § 6.2, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; repealed, Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-1111 Self-contained breathing apparatus

If the facility is equipped with one or more self-contained breathing apparatus, security staff shall be trained and quarterly drills shall be conducted and documented in the use of this equipment.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1120 Mattresses, pillows and trash receptacles

Mattresses, pillows and trash receptacles present in the secured housing shall be of fire retardant materials.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 6.3, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1130 (Repealed.)

Historical Notes

Derived from VR230-30-001 § 6.4, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; repealed, Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-1140 Cleanliness

Facility floors, halls, corridors, and other walkway areas shall be maintained in a clean, dry, hazard-free manner.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 6.5, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1150 Vermin and pest control

The facility shall control vermin and pests and shall be serviced at least quarterly by a licensed pest control business or personnel certified by the Virginia Department of Agriculture and Consumer Services.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 6.5, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1160 Appropriate lighting and heating

A. All housing and activity areas shall provide for appropriate lighting and heating.

B. Appropriate lighting shall be at least 20 footcandles at desk level and in personal grooming area.

C. Heat shall be evenly distributed in all rooms so that a temperature no less than 65°F is maintained. Air conditioning or mechanical ventilation systems, such as electric fans, shall be provided when the temperature exceeds 85°F.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 6.7, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1170 Water utilities

All housing areas shall have toilets, showers, drinking water and washbasins with hot and cold running water accessible to inmates.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 6.8, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1180 Special purpose area

The facility shall have a special purpose area to provide for the temporary detention and care of persons under the influence of alcohol or narcotics, who are uncontrollably violent or self-destructive, or those requiring medical supervision.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 6.9, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

Part VII Juveniles

6VAC15-40-1190 Housing of juveniles

Those facilities which, on occasion, house juveniles shall be certified by the Board of Corrections for the express purpose of holding juveniles.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 7.1; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

6VAC15-40-1193 Separation of juveniles

Juveniles shall be so housed as to be separated by a wall or other barrier that would result in preventing visual contact and normal verbal communication with adult inmates.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1195 Contact with juveniles

The facility shall have one or more employees on duty at all times responsible for auditory and visual contact with each juvenile at least every 30 minutes. Contact shall be at least every 15 minutes when juveniles exhibit self-destructive or violent behavior.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1200 Isolation and segregation of juveniles

Isolation cells or segregation within a cellblock shall be utilized only as a protective or disciplinary measure.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 7.2; Virginia Register Volume 11, Issue 21, eff. August 10, 1995; amended, Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

Part VIII Lockups

6VAC15-40-1210 Responsibility

The chief of police or the sheriff shall be responsible for ensuring the lockup is operated in full conformity with this chapter.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.1, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1220 Coverage

When the lockup is occupied, at least one employee shall be present at all times.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.2, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1230 Search requirements

The facility shall comply with the search requirements included in § 19.2-59.1 of the Code of Virginia.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.3, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1240 Inspection requirements

Weekly inspections shall be conducted and documented of bars, locks, and all security devices.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.4, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1250 Commitment and release

A written record shall be maintained of all detainees confined in the lock-up. The written record shall include name, date, and times of commitment and release.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.5, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1260 Property and funds

Written policy, procedure, and practice shall govern the inventory and control of detainee property and funds. The detainee shall sign for all property and funds taken upon admission and returned upon his release. If the detainee refuses to sign, this shall be witnessed and documented.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.6, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1270 Telephone calls during the admissions process

Written policy, procedure, and practice shall specify that newly admitted detainees who are physically capable are permitted to complete at least two local or long distance telephone calls during the admissions process. Reasonable accommodations shall be made for non-English speaking detainees as well as hearing and visually impaired detainees.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.7, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1280 Juvenile detention

A lockup shall detain juveniles in strict compliance with § 16.1-249 of the Code of Virginia, and shall include continuous, direct supervision.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.8, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1290 Separate housing

Males, females and juveniles shall be housed separately.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.9, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1300 Protection of detainees

Written policy shall ensure the protection of detainees appearing to be vulnerable to physical or sexual attack.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.10, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1310 Emergency medical and mental health care

Written policy and procedures shall provide 24-hour emergency medical and mental health care availability.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.11, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1315 Supervision of detainees

All detainee housing areas shall be inspected a minimum of twice per hour at random intervals between inspections. All inspections and unusual incidents shall be documented. No obstructions shall be placed in the bars or windows that would prevent the ability of staff to view detainees or the entire housing area.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1320 (Repealed.)

History

• Historical Notes: Derived from VR230-30-001 § 8.12, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; repealed, Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1330 Visiting

Written policy and procedures shall ensure that attorneys are permitted to have confidential visits with detainees.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.13, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1340 Detainee control

Written policy and procedures shall ensure that punishment is not utilized as a means of control or discipline in lockups. Chemical agents shall not be used as punishment and may only be used to control detainees when there is an imminent threat of physical injury or property damage.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.14, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1350 Serious incident report

A report setting forth in detail the pertinent facts of deaths, discharging of firearms, erroneous releases, escapes, fires requiring evacuation of detainees, hostage situations, and recapture of escapees shall be reported to the local facilities supervisor of the Compliance and Accreditation Unit, Department of Corrections, or designee. The initial report shall be made within 24 hours and a full report submitted at the end of the investigation.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.15, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 18, Issue 20, eff. July 17, 2002; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1360 Detainee cleanliness

A detainee shall have access to a wash basin and toilet facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.16, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995; Volume 29, Issue 4, eff. November 22, 2012.

6VAC15-40-1370 Facility cleanliness

The detention area shall be maintained in a clean, dry, hazard-free manner.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, 53.1-131 and 53.1-133.01 of the Code of Virginia.
• Historical Notes: Derived from VR230-30-001 § 8.17, eff. April 1, 1987; amended, Virginia Register Volume 4, Issue 9, eff. April 1, 1988; Volume 7, Issue 12, eff. May 1, 1991; Volume 9, Issue 12, eff. May 1, 1993; Volume 11, Issue 21, eff. August 10, 1995.

6VAC15-40-1380 Fire safety inspection

The facility shall have a state or local fire safety inspection conducted every 12 months. Localities that do not enforce the Virginia Statewide Fire Prevention Code shall have the inspection performed by the State Fire Marshal's Office. Written reports of the fire safety inspection shall be on file with the facility administrator.

History

• Statutory Authority: §§ 53.1-5, 53.1-68, and 53.1-131 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 4, eff. November 22, 2012.

Chapter 45 Regulations for Private Management and Operation of Prison Facilities [Repealed]

Part I General Provisions [Repealed]

6VAC15-45-10 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 1.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-20 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 1.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-30 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 1.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-40 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 1.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-50 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 1.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Part II Administration [Repealed]

6VAC15-45-60 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-70 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-80 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.3, Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-90 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-100 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-110 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-120 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-130 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-140 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-150 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-160 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 2.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Part III Financial Management [Repealed]

6VAC15-45-170 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 3.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-180 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 3.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-190 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 3.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-200 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 3.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-210 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 3.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-220 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 3.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-230 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 3.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Part IV Personnel [Repealed]

6VAC15-45-240 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 4.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-250 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 4.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-260 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 4.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-270 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 4.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-280 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 4.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Part V Training [Repealed]

6VAC15-45-290 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-300 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-310 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-320 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-330 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-340 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-350 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-360 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-370 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-380 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-390 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-400 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.12; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-410 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 5.13; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Part VI Records Management [Repealed]

6VAC15-45-420 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 6.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-430 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 6.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-440 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 6.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-450 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 6.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-460 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 6.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-470 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 6.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-480 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 6.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-490 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 6.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 Program and Service Areas [Repealed]

6VAC15-45-500 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-510 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-520 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-530 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-540 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-550 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-560 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 2 Maintenance [Repealed]

6VAC15-45-570 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-580 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 7.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 Emergency Plans [Repealed]

6VAC15-45-590 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-600 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-610 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-620 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 2 Safety [Repealed]

6VAC15-45-630 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-640 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-650 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-660 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-670 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-680 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 8.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 Manuals and Procedures [Repealed]

6VAC15-45-690 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-700 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-710 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-720 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 2 Security and Control [Repealed]

6VAC15-45-730 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-740 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-750 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-760 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-770 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-780 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-790 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-800 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.12; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-810 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.13; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-820 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.14; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 3 Keys and Equipment [Repealed]

6VAC15-45-830 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.15; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-840 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 9.16; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-850 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-860 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-870 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-880 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-890 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-900 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-910 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-920 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-930 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-940 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-950 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-960 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.12; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-970 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.13; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-980 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.14; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-990 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.15; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1000 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.16; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1010 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 10.17; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 Food Service Management [Repealed]

6VAC15-45-1020 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 11.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1030 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 11.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1040 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 11.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1050 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 11.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1060 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 11.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1070 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 11.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1080 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 11.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 2 Health and Safety [Repealed]

6VAC15-45-1090 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 11.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 Sanitation [Repealed]

6VAC15-45-1100 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 2 Housekeeping [Repealed]

6VAC15-45-1110 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995.

6VAC15-45-1120 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1130 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 3 Clothing and Bedding Supplies [Repealed]

6VAC15-45-1140 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1150 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1160 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 4 Personal Hygiene [Repealed]

6VAC15-45-1170 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1180 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 12.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 General Policies [Repealed]

6VAC15-45-1190 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1200 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1210 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1220 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1230 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 2 Responsible Health Authority [Repealed]

6VAC15-45-1240 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1250 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1260 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1270 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1280 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 3 Facilities and Equipment [Repealed]

6VAC15-45-1290 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.11; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1300 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.12; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1310 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.13; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1320 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.14; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 4 Personnel [Repealed]

6VAC15-45-1330 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.15; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1340 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.16; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1350 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.17; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1360 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.18; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1370 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.19; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1380 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.20; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1390 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.21; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1400 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.22; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 5 Health Screenings and Examinations [Repealed]

6VAC15-45-1410 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.23; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1420 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.24; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 6 Mental Health Services [Repealed]

6VAC15-45-1430 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.25; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1440 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.26; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1450 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.27; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1460 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.28; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1470 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.29; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1480 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.30; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1490 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.31; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 7 Levels of Care [Repealed]

6VAC15-45-1500 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.32; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1510 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.33; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1520 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.34; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1530 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.35; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1540 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.36; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1550 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.37; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 8 Informed Consent and Medical Research [Repealed]

6VAC15-45-1560 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.38; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1570 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.39; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 9 Specialized Programs [Repealed]

6VAC15-45-1580 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.40; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1590 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.41; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1600 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.42; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1610 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.43; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1620 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.44; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1630 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.45; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 10 Health Records [Repealed]

6VAC15-45-1640 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.46; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1650 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.47; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1660 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.48; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1670 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.49; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1680 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.50; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 11 Pharmacy Services [Repealed]

6VAC15-45-1690 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.51; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 12 Serious Illness and Death [Repealed]

6VAC15-45-1700 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 13.52; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 Access to Courts [Repealed]

6VAC15-45-1710 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 14.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 2 Programs and Services [Repealed]

6VAC15-45-1720 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 14.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1730 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 14.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1740 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 14.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1750 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 15.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 Inmate Mail [Repealed]

6VAC15-45-1760 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1770 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1780 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1790 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1800 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1810 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1820 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.7; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 2 Telephone, Visiting, and Personal Property [Repealed]

6VAC15-45-1830 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.8; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1840 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.9; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1850 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 16.10; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Article 1 Admission and Orientation [Repealed]

6VAC15-45-1860 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 17.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1870 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 17.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1880 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 17.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1890 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 17.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1900 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 18.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1910 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 18.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1920 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 19.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1930 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 19.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1940 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 20.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1950 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 21.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1960 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 21.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1970 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 21.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1980 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 21.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-1990 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 22.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2000 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 22.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2010 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 22.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2020 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 22.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2030 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 23.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2040 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 23.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2050 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 23.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2060 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 23.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2070 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 23.5; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2080 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 23.6; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2090 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 24.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2100 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 25.1; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2110 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 25.2; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2120 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 25.3; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

6VAC15-45-2130 (Repealed.)

History

• Historical Notes: Derived from VR230-01-006 § 25.4; Virginia Register Volume 12, Issue 4, eff. December 13, 1995; repealed, Virginia Register Volume 41, Issue 21, eff. July 17, 2025.

Chapter 70 Standards for Community Residential Programs [Repealed]

Part I Introduction [Repealed]

6VAC15-70-10 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 1.1, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-20 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 1.2, eff. July 1, 1993; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-30 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 1.3, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

Part II General Administration and Management [Repealed]

6VAC15-70-40 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 2.1, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-50 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 2.2, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-60 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 2.3, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

Part III Facility [Repealed]

6VAC15-70-70 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 3.1, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-80 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 3.2, eff. July 1, 1993; amended, Virginia Register Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-90 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 3.3, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-100 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 3.4, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

Part IV Program Services [Repealed]

6VAC15-70-110 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 4.1, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-120 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 4.2, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-130 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 4.3, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-140 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 4.4, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

Part V Support Services [Repealed]

6VAC15-70-150 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 5.1, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

6VAC15-70-160 (Repealed.)

History

• Historical Notes: Derived from VR230-30-004:1 § 5.2, eff. July 1, 1993; amended, Virginia Register Volume 16, Issue 24, eff. September 17, 2000; Volume 25, Issue 3, eff. November 15, 2008; repealed, Virginia Register Volume 38, Issue 1, eff. September 30, 2021.

Chapter 81 Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities

Part I Definitions and General Instructions

6VAC15-81-10 [Reserved]. (Reserved)

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Reserved Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Acceptable" means those applicable standards or practices with which a registered professional architect, engineer, or other duly licensed or recognized authority must comply.

"Access openings" means panels or doors used for access into areas including ceilings, pipe chases, plumbing chases, or shafts.

"Accessible by inmates" means the same as "inmate accessible."

"ADA accessible" means in compliance with the Americans with Disabilities Act (42 USC § 12101 et seq.).

"ADP" means average daily population.

"A/E" means the architect or engineer and his associated firm hired by the owner for study, design, or construction of the jail project.

"Analysis" means a detailed examination of the local or regional criminal justice system and its elements in order to determine the impact these elements have had on the need for current and future jail space.

"Approved" means an item approved by the reviewing authority.

"Artificial light" means light other than natural light.

"ASTM" means the American Society for Testing and Materials, the most current edition. When ASTM is referenced, the reference is to the Standards in ASTM Standards on Detention and Correctional Facilities, unless otherwise specified. Testing for compliance with ASTM Standards shall be performed by an independent nationally recognized testing laboratory.

"Board" means the Virginia State Board of Corrections.

"Building code" means Virginia Uniform Statewide Building Code (13VAC5-63), the Virginia Industrialized Building Code (13VAC5-91), and the Virginia Statewide Fire Prevention Code (13VAC5-51).

"CCJB" means Community Criminal Justice Board.

"CCTV" means closed circuit television or electronic surveillance system.

"Ceilings" means overhead interior surface that covers the upper limit of an interior room or space.

"Cell" means a space, the size of which is specified in this chapter, enclosed by secure construction containing plumbing fixtures and usually a bunk in which an inmate is detained or sleeps. Cells can be single or multiple occupancy depending upon custody level.

"Cell tier" means levels of cells vertically stacked above one another within a housing unit.

"Central intake unit" means an area constructed to provide, at a minimum, space for intake, temporary holding, booking, court and juvenile (if approved for juveniles) holding, classification, and release functions.

"Classification unit" means a cell or unit utilized for short-term holding of inmates for classification purposes after intake or booking and prior to being assigned to general population or other housing.

"Community based corrections plan" or "CBCP" means a comprehensive assessment of an owner's correctional needs and how these needs will be met through submissions of a needs assessment and a planning study.

"Community custody" means inmates incarcerated by the judicial system and classified for involvement in local work forces; participating in work, education, and rehabilitation release; and weekend and nonconsecutive sentencing.

"Construction completion" means the construction of the building is considered complete when a certificate of occupancy or temporary certificate of occupancy is issued for the building to be occupied by inmates.

"Construction documents" means the detailed working drawings and project manual containing detailed specifications and other supporting documents as approved by the reviewing authority.

"Contact visiting" means a space where inmates and visitors at a minimum may pass papers to one another.

"Control room" means a space enclosed by secure walls, secure roof or secure ceiling, and secure floor from which a jail officer may supervise inmates and control security systems in a portion of the jail, such as locks, doors, etc.

"Control station" means a space not enclosed by security walls, roof or ceiling, and floor from which a jail officer may supervise inmates and control security systems in a portion of the jail, such as locks, doors, etc.

"Correctional facility" means the same as "local correctional facility."

"Dayroom" means a secure area contiguous to an inmate sleeping (cells or rooms) area, with controlled access from the inmate sleeping area, to which inmates may be admitted for daytime activities.

"Department" means the Department of Corrections.

"Design capacity" means the maximum number of general beds for which the facility is designed and constructed based on the space requirements in this chapter as established by the Board of Corrections.

"Direct supervision" means a specific style of management where correctional officers are stationed full time inside the dayroom rather than solely observing inmate activity from within secure control points. Within this concept, services are generally brought to the inmate rather than taking the inmate to the service.

"Direct visual observation" means direct line of sight by a correctional officer, not CCTV.

"Dormitory" means an area designed for accommodating five or more inmates and used to house minimum custody and community custody inmates.

"Encapsulation" means the same as "secure encapsulation."

"Expansion" means to add an area of new construction to an existing local correctional facility by constructing additional areas.

"Facility" means a jail or lockup including all associated buildings and site.

"50% completion" (of construction value) means the day the project reaches the 50% point between the issuance of a building construction permit and the issuance of the final certificate of occupancy.

"General population housing" means maximum, medium, minimum, and community custody housing. General population excludes special purpose cells and intake or booking.

"Glazing" means any infill material, usually transparent or translucent glass, polycarbonate or combination thereof, and related components, used in a framed assembly.

"Holding" means a space or room designed for temporary containment of detainees or inmates while awaiting actions such as transfer, transportation, release, etc. Holding of this nature usually does not exceed four hours.

"Housing unit" means a group of single person cells, multi-occupancy cells, or group of such cells with a common dayroom, dormitory, intake, special purpose, or classification area that provide accommodations for sleeping, approved personal effects, and personal hygiene.

"IMC" means intermediate metal conduit.

"Indirect supervision" means supervision method other than direct supervision.

"Inmate" means any person committed to a jail by a legal commitment document.

"Inmate accessible" means areas an inmate occupies or utilizes inside the secure perimeter, including all sally ports.

"Intake" means a cell, group of cells, and open seating within a jail designed to hold one or more persons while awaiting processing, booking, classification, or assignment to the general housing units after booking. Intake holding time does not usually exceed 72 hours. Cells holding more than one person are frequently referred to as group holding.

"Interior partition" means a wall within the secure perimeter, which is not required to be a perimeter security wall or an interior security wall.

"Interior security walls" means walls within but not a part of a secure perimeter that are utilized to restrict movement within the secure area, including housing units, dormitories, corridors, inmate activity areas, intake area, kitchen, laundry, and program areas.

"Jail" means the same as "local correctional facility."

"LIDS" means LIDS-VACORIS, the Compensation Board's inmate data system.

"Life safety operations" means the function of certain electrical, mechanical, and other building equipment provided for the purpose of ensuring the life, health, and safety of building occupants in the case of an emergency situation.

"Light" means the same as "artificial light" or " natural light."

"Local correctional facility" means any jail, jail farm, or other place used for the detention or incarceration of adult inmates, excluding a lockup, which is owned, maintained, or operated by, or under contract with, any political subdivision or combination of political subdivisions of the Commonwealth. This shall also include facilities operated by a private entity under contract with a regional jail authority under provision of § 53.1-71.1 of the Code of Virginia.

"Locality" means a county or city.

"Lockup" means a facility, separate from a jail facility, operated by or for a local government for detention of persons for a short period of time as stated in 6VAC15-40-10.

"Master control" means the principal secure room of the entire facility where the control of safety and security of the jail through electronic equipment for surveillance, communication, fire and smoke detection, and emergency functions. This room is enclosed by walls, roof or ceiling, and floor assemblies meeting secure perimeter requirements as well as having opening protectives meeting ASTM Grade 1 requirements. This room includes control of the entrances to the jail through the secure perimeter and capability of control of ingress and egress to cells, dayrooms, corridors, and other spaces within the entire jail.

"Maximum custody inmates" means persons who cannot be allowed to mingle physically with other inmates without close supervision, normally because of assaultive and aggressive behavior or high escape risk.

"Medium custody inmates" means those persons who require a moderate level of staff supervision and secure accommodations against escape, but who can be allowed to participate in group activities.

"Mezzanine" means the same as "cell tier."

"Minimum custody inmates" means those inmates classified as not dangerous or likely to escape, but who are of sufficient concern to require a minimum level of supervision.

"Minor renovation project" means renovation project that does not result in an increase in beds and has an estimated cost of less than $5 million.

"Multiple occupancy cell" means a cell designed for two, three, or four inmates.

"Natural light" means light provided by sunlight as viewed from within a housing unit.

"Needs assessment" means an evaluation of trends and factors at the local or regional level affecting current and future facility needs, and the assessment of resources available to meet such needs. The needs assessment is used as the basis for a request for reimbursement of local correctional facility construction costs.

"New construction" means to build, expand, or replace a local correctional facility.

"Operating capacity" means the same as "design capacity."

"Owner" means the locality, localities, or jail authority responsible for making decisions about the project.

"Owner's agent" means the person or firm designated by an owner to make decisions concerning the project.

"Per inmate" or "per bed" means for each general population bed.

"Piping" means pipes associated with heating, cooling, condensate, domestic water, gas, steam, sewer, storm drain, roof drain, and fire protection.

"Planning study" means a document providing the anticipated operating program, staffing, operating costs, building design, and cost for construction, expansion, or renovation of a local correctional facility that is used as the basis for a request for funding of project costs for reimbursement and initial determination of compliance with this chapter.

"PREA" means the Prison Rape Elimination Act (Public Law 108‑79).

"Project" means new construction, renovation, or expansion of a regional or local jail correctional facility. This includes planning, design, and construction.

"Public" means all persons with the exception of professional visitors, such as legal, clergy, counselors, pretrial, probation, parole, and law enforcement, and others as authorized by the local correctional facility.

"Regional jail" means, for purposes of state reimbursement for construction costs, those jails that meet the criteria set forth in §§ 53.1-81, 53.1-82 and 53.1-95.2 of the Code of Virginia, any jail having at least three member localities that was created before February 1, 1993, or any jail construction project recommended for approval by the Board of Corrections as a regional jail prior to February 1, 1993. For the purposes of this term, "created" means localities having submitted resolutions of local governing bodies or cooperative agreements, and "cooperative agreements" means a formal contract between those jurisdictions participating in a regional jail that specifies their mutual financial and legal obligations relating to the ownership, administration, and maintenance of the jail.

"Renovation" means the alteration or other modification of an existing local correctional facility or piece of equipment for the purpose of modernizing or changing the use or capability of such local correctional facility or equipment. Renovation does not include work on or repair or replacement of any part of an existing local correctional facility or equipment, which may be generally associated with normal wear and tear or included in routine maintenance. Renovation renders the facility, item, or area in compliance with this chapter and superior to the original.

"Repair" means the correction of deficiencies in a local correctional facility or of equipment, which have either been damaged or worn by use but which can be economically returned to service without replacement.

"Replacement" means the construction of a local correctional facility in place of a like local correctional facility or the purchasing of like equipment to replace equipment that has been so damaged or has outlived its useful life that it cannot be economically renovated or repaired.

"Reviewing authority" means the representatives of the Department of Corrections or the Department of Criminal Justice Services responsible for reviewing required documents and attending required meetings and whose responsibility it is to interpret and determine compliance with this chapter.

"Sally port" means a secure vestibule constructed of secure walls, secure ceiling, and secure floor with two or more interlocking, secure doors. Fixtures within sally ports shall be maximum security.

"Secure," as relates to construction, means walls, floors, ceilings or roofs, doors, and windows are constructed in accordance with the secure construction requirements of this chapter.

"Secure area" means all spaces located within the secure perimeter. (See secure perimeter).

"Secure encapsulation" means protect against vandalism or damage with concrete, masonry, steel, or other approved secure construction meeting the requirements of this chapter.

"Secure enclosure" means secure walls, secure floors, and secure roof or secure ceiling surrounding a space or area.

"Secure perimeter" means the outer limits of a jail or lockup where walls, floor, roof, and ceiling, constructed in accordance with the requirements of this chapter, are used to prevent egress by inmates or ingress by unauthorized persons or contraband.

"Security cap" means secure protection of the top of a room or space with concrete, sheet metal, or security ceiling as specified in this chapter to complete the secure encapsulation of the room or space.

"Special purpose cells" means cells within the secure perimeter that include isolation, segregation, medical, protective custody, or other special use cells.

"State responsible inmates" means those inmates with felony sentences and sentenced to the custody of the Department of Corrections in accordance with § 53.1-20 of the Code of Virginia or other applicable state law.

"Supervision" means the act or process of performing responsible care over inmates.

"Support services areas" means all areas within the facility excluding inmate housing units. Also known as core or core space.

"Sustainable design and construction initiatives" means balancing economic, environmental, and equity considerations by reducing negative environmental impacts of site selection and development, optimizing the energy and water performance of the building and site, using environmentally sensitive building materials, and protecting the health and comfort of building occupants. Sustainable design and construction initiatives are benchmarked by third-party rating systems such as LEED or Green Globes or by documenting compliance with ASHRAE 189.1 or the International Green Construction Code.

"Tier" means the same as "cell tier."

"Value management analysis" or "VMA" means an analysis of facility design for the purpose of satisfying required function, and cost effectiveness, while providing the best quality and efficiency for the project.

"Value management team" means a team of people independent from the owner or the owner's A/E headed by a certified value specialist and a combination of the following disciplines based on phase and nature of the project: architecture, security, civil or site engineering, mechanical and electrical engineering, and cost estimator.

"Vehicular sally port" means a drive-in or drive-through made secure preferably by remotely controlled electrically operated interlocking doors for entrance and exit. It is normally located in close proximity to the facility intake.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018; Errata, 34:13 VA.R. 1335 February 19, 2018.

6VAC15-81-30 [Reserved]. (Reserved)

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Reserved Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-40 Expansions or renovations

Expansions or renovations to any facility shall conform to the requirements of this chapter for new construction without requiring the existing portion of the facility to comply with all requirements of this chapter. Exception: Those areas in an existing facility that are impacted by an expansion (such as the adding of bedspace impacting the need for more space in the kitchen, visiting, recreation, etc. if these services are not provided for in the expansion) may be required to be upgraded. The maximum upgrade required would be to provide additional space that would be required for the number of people for whom new bedspace is being built.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-50 Localities with multiple facilities

For localities with jail facilities having multiple facilities, compliance with this chapter shall be determined based on all facilities as a whole as well as the needs and functions of each individual facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-60 Review and inspections

Review of documents by the reviewing authority, fire official, local building official, and other officials or agencies shall be required. These reviews are performed at the preliminary and construction document stages. A final inspection shall be performed and documented in writing by all officials and agencies involved in the review process. The reviewing authority's review and inspections shall be limited to those areas within the scope of the project.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-70 Conflict between this chapter and building codes or other standards

In the event of a conflict between this chapter and building codes or other standards, the most restrictive requirement shall apply.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-80 Compliance

A. The facility shall be designed and constructed in accordance with this chapter. It shall be the responsibility of every person who performs work regulated by this chapter, including those involved with planning, design, construction, renovation, or installation of a structure or equipment, to comply with this chapter. Review or inspection by the reviewing authority does not relieve the owners or their agents from the requirement to comply with this chapter.

B. Definitions in this chapter are a part of the requirements of this chapter.

C. Any agreement entered into by the owner to design or construct a local correctional facility shall include the requirement to comply with this chapter. This compliance shall be noted on the construction documents.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-90 Modifications

A. Any request for modification shall be submitted, separate from the planning study, in the form of a request and resolution from the jail authority or board, city council, or board of supervisors to the reviewing authority sufficiently in advance of the deadline for submission to the Board of Corrections to be reviewed, analyzed, and included in the desired Board of Corrections meeting agenda. The request for modification shall include a detailed analysis supported by documentation and historical data to justify the request.

B. A staff analysis shall be prepared by the reviewing authority for each modification request. The staff analysis shall include the section of this chapter being modified, an analysis to determine whether or not the modification meets the intent of the section being modified, an analysis of whether the modification has been granted in the past or has any ramifications that might affect current or future jail construction or security, and the analysis shall include a staff recommendation to the board.

C. Upon consideration, the board may grant modifications to any of the provisions of this chapter provided the spirit and intent of this chapter is observed and inmate, staff, and public welfare, safety, and security are not compromised. The board has the ultimate responsibility to grant modifications to this chapter and shall not be bound by the position of staff and shall also consider information provided by the locality or localities. The final decision of the board on any modification shall be recorded in board minutes.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 1 General

6VAC15-81-100 Document submission schedule and method

A. Prior to preparation of a community based corrections plan (CBCP) as required by § 53.1-82.1 of the Code of Virginia, any city or county or combination thereof intending to seek reimbursement for a jail project shall contact the Department of Corrections, Compliance, Certification, and Accreditation Unit to have a meeting to discuss the requirement of completing a CBCP.

B. All documents in this section shall be submitted to the department in accordance with the budgeting time schedule as outlined in § 53.1-82.3 of the Code of Virginia or the appropriation act.

C. Documents shall be as follows:

1. Needs assessment. Four paper copies and one electronic copy of the community based corrections plan, prepared in accordance with this article, shall be submitted to the Department of Corrections, Compliance, Certification, and Accreditation Unit. A needs assessment is not required for projects that do not increase bed capacity and for which the owner does not seek state reimbursement for construction, staffing, or operating cost.

2. Planning study. Three paper copies and one electronic copy of the planning study, prepared in accordance with this article, shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit.

3. Minor renovation project. Three paper copies and one electronic copy of minor renovation project information prepared in accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit. A needs assessment is not required for minor renovation projects that do not increase capacity.

4. Modifications. Three paper copies and one electronic copy of minor renovation project information prepared in accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit.

5. Resolution and cooperative service agreement. Two paper copies and one electronic copy of minor renovation project information prepared in accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit.

An executed cooperative service agreement, where applicable, and resolution shall be submitted to the reviewing authority prior to board consideration of the project. The owner shall submit the following to the Department of Corrections, Compliance, Certification, and Accreditation Unit:

a. Single locality facility. An ordinance or resolution of the local governing body requesting reimbursement funding.

b. Multijurisdictional facility not qualifying for regional jail status reimbursement pursuant to § 53.1-81 of the Code of Virginia. A joint resolution of or individual resolutions from the local governing bodies requesting reimbursement funding.

c. Regional jail board or jail authority facility. Pursuant to § 53.1-81, a joint resolution of or individual resolutions from the governing bodies of the established regional jail board or a resolution from the regional jail authority requesting reimbursement funding and a cooperative service agreement detailing the financial and operational responsibilities of the participating jurisdictions or jail authority.

6. Financing method. If the project is being financed, detailed information on the financing and financing method shall be provided to the Treasury Board in accordance with its requirements.

The reviewing authority shall verify documentation has been received by required deadlines and are correct, and advise the locality of any errors or discrepancies in their submittal.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-110 Community based corrections plan requirement

An owner requesting reimbursement for new construction, expansion, or renovation, staffing, or operating cost of a jail project that results in a net increase of available beds shall prepare and submit for approval a community based corrections plan.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-120 Local responsibility for community based corrections plan

A. The community based corrections plan shall be developed by the owner or owners, or an agent of the owner or owners. Pursuant to § 9.1-180 of the Code of Virginia, the community criminal justice board (CCJB) shall review the findings and recommendations of the needs assessment component of the community based corrections plan.

B. Oversight and amendment by CCJB is limited to the following situations:

1. Where a multijurisdictional CCJB, established in accordance with the provisions of § 9.1-178 of the Code of Virginia, has membership of the governing bodies of jurisdictions not involved in the construction, expansion, or renovation of the regional jail project, a subcommittee shall be established comprised of the required members of the CCJB representing the participating jurisdictions and their governing bodies.

2. In those projects in which more than one locality is involved and each locality has a separate CCJB or the localities are members of different multijurisdictional CCJBs, a subcommittee shall be established comprised of the required members of the CCJB representing the participating jurisdictions and their governing bodies.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-130 Community based corrections plan contents

A community based corrections plan includes:

1. A needs assessment for projects increasing rated capacity by more than 24 beds or more than 40% of rated capacity, whichever is less per 6VAC15-81-40 through 6VAC15-81-90.

2. A planning study per 6VAC15-81-40 through 6VAC15-81-90.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-140 Localities not operating a jail

For a locality not currently operating a jail, the needs assessment portion of the community based corrections plan shall be based on how the locality is managing its current inmate population through utilization of other local correctional facilities and community based alternative programs and services. Localities requesting reimbursement for new single jurisdiction jail or regional jail construction must comply with current appropriation act language.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 2 Contents of the Community Based Corrections Plan

6VAC15-81-150 Needs assessment

A. Prior to preparation of a community based corrections plan (CBCP) as required by § 53.1-82.1 of the Code of Virginia, any city or county or combination thereof intending to seek reimbursement for a jail project shall contact the Department of Corrections, Compliance, Certification, and Accreditation Unit to have a meeting to discuss the requirement of completing a CBCP.

B. All documents in this section shall be submitted to the department in accordance with the budgeting time schedule as outlined in § 53.1-82.3 of the Code of Virginia or the appropriation act.

C. Documents shall be as follows:

1. Needs assessment. Four paper copies and one electronic copy of the community based corrections plan, prepared in accordance with this article, shall be submitted to the Department of Corrections, Compliance, Certification, and Accreditation Unit. A needs assessment is not required for projects that do not increase bed capacity and for which the owner does not seek state reimbursement for construction, staffing, or operating cost.

2. Planning study. Three paper copies and one electronic copy of the planning study, prepared in accordance with this article, shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit.

3. Minor renovation project. Three paper copies and one electronic copy of minor renovation project information prepared in accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit. A needs assessment is not required for minor renovation projects that do not increase capacity.

4. Modifications. Three paper copies and one electronic copy of minor renovation project information prepared in accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit.

5. Resolution and cooperative service agreement. Two paper copies and one electronic copy of minor renovation project information prepared in accordance with 6VAC15-81-280 and 6VAC15-81-290 shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit.

An executed cooperative service agreement, where applicable, and resolution shall be submitted to the reviewing authority prior to board consideration of the project. The owner shall submit the following to the Department of Corrections, Compliance, Certification, and Accreditation Unit:

a. Single locality facility. An ordinance or resolution of the local governing body requesting reimbursement funding.

b. Multijurisdictional facility not qualifying for regional jail status reimbursement pursuant to § 53.1-81 of the Code of Virginia. A joint resolution of or individual resolutions from the local governing bodies requesting reimbursement funding.

c. Regional jail board or jail authority facility. Pursuant to § 53.1-81, a joint resolution of or individual resolutions from the governing bodies of the established regional jail board or a resolution from the regional jail authority requesting reimbursement funding and a cooperative service agreement detailing the financial and operational responsibilities of the participating jurisdictions or jail authority.

6. Financing method. If the project is being financed, detailed information on the financing and financing method shall be provided to the Treasury Board in accordance with its requirements.

The reviewing authority shall verify documentation has been received by required deadlines and are correct, and advise the locality of any errors or discrepancies in their submittal.

A. The needs assessment is an evaluation of trends and factors at the local or regional level affecting current and future facility needs, and the assessment of resources available to meet such needs that is used as the basis for a request for reimbursement of local correctional facility construction costs.

B. The needs assessment shall address each of the elements of 6VAC15-81-160 through 6VAC15-81-260.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-160 Funding priority

The needs assessment shall include a statement identifying which Board of Corrections funding priority or priorities the plan and jail project addresses, per 6VAC15-81-320.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-170 Analysis of criminal justice and inmate population data

A. The needs assessment shall include an analysis of criminal justice and inmate population data as required by this chapter.

B. In order to evaluate the impact of the various criminal justice components on the jail population, the following data shall be provided for each locality participating in the needs assessment for the most recent five calendar years.

1. A table and an analysis of annual trends for the total adult arrests for Part A and B offenses from the latest edition of "Crime in Virginia" published by the Virginia State Police.

2. A table and an analysis of annual trends for the total adult arrests currently defined as "On View," "Taken into Custody," and "Summonses" and a comparison of these totals to those presented in subdivision 1 of this subsection. This data is available from the Research Unit of the Virginia Department of Criminal Justice Services.

3. A table and an analysis of annual trends for process data from the Supreme Court of Virginia from the Magistrate Information System including the total number of:

a. Bonds.

b. Commitment orders - bail.

(1) Felony.

(a) Secured.

(b) Unsecured.

(c) Recognizance.

(d) Held without bail.

(e) Release by judicial officer to custody of responsible person or when accused is no longer intoxicated.

(2) Misdemeanor.

(a) Secured.

(b) Unsecured.

(c) Recognizance.

(d) Held without bail.

(e) Release by judicial officer to custody of responsible person or when accused is no longer intoxicated.

(3) Release orders.

4. A table and an analysis of annual trends for data from the State Compensation Board Local Inmate Data System (LIDS).

a. Total new "Pretrial Monthly Commitments" by month and by felony, and misdemeanor or ordinance violators for those awaiting trial. This report is available on the State Compensation Board website under "LIDS, the Forms Maintenance Menu" for individual jails or from any local pretrial services agency that currently serves the jail or jails in question.

b. Comparison and analysis of the total number of new "Pretrial Monthly Commitments" in subdivision 4 a of this subsection, with the total "Commitment Orders" in subdivision 3 b of this subsection.

c. A separate report of the total number of "Pretrial Commitments" in subdivision 4 a of this subsection above that were released for the following LIDS "Reason Release Codes":

(1) 19 - To bond.

(2) 49 - To pretrial service program.

d. Report of the total annual commitments "Serving Sentence" separately by misdemeanor and felony, for the following LIDS "Reason Confined Codes":

(1) 20 - Serving sentence.

(2) 29 - Weekend or nonconsecutive days.

(3) 26 - Work release.

e. Reports of the admissions in subdivision 4 d of this subsection, report the number released for the following LIDS "Release Reason":

(1) 16 - Time served.

(2) 33 - To Department of Corrections.

(3) 39 - Sentence served.

5. A table and an analysis of total average monthly adult ADP for the most recent 60 months by felony, misdemeanor, and ordinance violation categories for local responsible populations and for felony state responsible populations. Data is available from the State Compensation Board website under LIDS.

6. A table and an analysis of annual trends for identification of the following subpopulations separately:

a. The "overflow" population being held in another jail or jails.

b. The ADP help for:

(1) Federal authorities.

(2) Out-of-state authorities (non-state warrant).

(3) Other localities including payment agreements, courtesy holds for other localities, and exchange agreements. This does not include prisoners held in accordance with regional jail service agreements or jointly operated facilities.

(4) State responsible inmates held by agreement, jail contract bed or JCB or work release.

c. Localities currently without facilities can calculate the average daily population from total prisoner days reported for prisoners held for their locality by another jail or jails (use Federal Information Processing System Code in LIDS for specific locality or localities involved).

7. A table and an analysis of annual trends for total placements by felony and misdemeanor, where applicable, for the following services for each jurisdiction in the project served by the following agencies:

a. Agency.

(1) Pretrial service agency.

(2) Community based probation services agency.

(3) State adult probation and parole district office (probation cases only).

(4) Drug courts.

b. For pretrial and local community based probation services, the average daily caseload under supervision based on total supervision days.

c. For all other programs, the average of the total population under active supervision at the beginning and the end of the calendar or fiscal year.

d. For all programs and services:

(1) The total annual placements, where applicable, for misdemeanors and felony defendants and inmates.

(2) A description of each program including fiscal agent, administration and management, staffing, and annual budget or operating costs.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-180 Assessment of existing resources

A. The needs assessment shall include an assessment of existing resources, including existing local correctional facilities, any lockups or other community based facilities that reduce the demand on jail space needs, and all pretrial and post-disposition alternatives, programs, and services.

B. The information provided pursuant to subsection A of this section shall include a description of the existing jail or jails in local lockups and correctional facilities that impact the project including:

1. The date of construction and dates of subsequent renovations or expansions.

2. The current rated capacity as established by the Department of Corrections.

3. A table indicating the total number of housing units including cell blocks, dormitories, and other housing units used for general population inmates. The tables for existing facilities shall be set up similar to the example table in subdivision 4 of this subsection.

4. A table indicating the design capacity and the total number of beds for each of the housing areas. The description and calculation of the existing facility's needs shall be consistent for each facility. The tables for the existing facility shall be set up using the following examples:

Example table for subdivisions 3 and 4 of this subsection.

| Floor | Unit name | Unit type | #Cells/dorm per unit | DOC op. cap. | Unit op. cap. x sq. ft. | Dayroom op. cap. x sq. ft. | #Perm. beds per unit | Sq. ft. per bed | Dayroom sq. ft. per bed | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 1 | Block A | Cell | 6 | 6 | 6x70=420 | 6x35=210 | 6x2=12 | 35.0 | 17.5 |

5. A table indicating the existing square footage available per inmate in each cell, dormitory, and dayroom.

Example table for subdivision 5 of this subsection.

| Unit Name | Security/Custody Level | Pop. on (Date) | Total sq. ft. per person in unit | Total sq. ft. per person in dayroom | Total Aggr. sq. ft. per inmate | | --- | --- | --- | --- | --- | --- | | Cell A | Med | 16 | 26.3 | 13.1 | 39.4 |

6. The total number, type, and capacity of special purpose areas.

7. A statement of the number of stories and aggregate floor space in the facility.

8. A statement about the general condition of the facility and the feasibility of continued future use and, if applicable, the status of the action plan to correct physical plant deficiencies identified in the latest inspection or certification audit report.

9. A description and table depicting administrative, operating, and inmate program space and a description of the impact of the limitations that lack of space, inadequate space, or the design of the facility has on administration, operations, and security.

10. Where applicable, the impact that the holding of juveniles has on the design and operation of the facility.

11. A copy of the most current department inspection report for life, health, and safety and a copy of the most current department certification audit shall be submitted.

12. If the facility is to remain open as a jail, a jail condition assessment on major buildings and building systems shall be performed by a licensed A/E, and costs associated with necessary upgrades shall be provided. The cost of staffing and documentation of staff efficiency for continued operation shall also be provided. Analysis of the condition assessment shall be based on health safety issues, excessive maintenance costs, excessive repair costs, excessive staffing due to design, limited capacity, program space, and distance to other facilities associated with a regional jail.

C. The needs assessment shall include for the last fiscal year, a description of each program and a data table providing the number of placements, the average daily population, and where applicable, the annual number of bed days saved by each jail-based program, and a plan to increase the utilization of the impact of the various criminal justice components on the jail population to include:

1. Jail work force.

2. Work release.

3. Home or electronic incarceration.

4. Weekend sentencing work options.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-190 Analysis of existing criminal justice practices

A. The needs assessment shall include an analysis of existing criminal justice practices and the impact they have on the use of existing and the need for future jail space, including arrest, bail, pretrial alternatives, commitments, sentencing practices, post-trial alternatives, Department of Corrections probation and parole violators, and state responsible felony inmate populations.

B. A description of the effect of current magistrate; court; public defender; and prosecutorial case management practices, policies, and procedures on the length of stay in jail. Included shall be a plan to improve criminal justice services, to include the staff and other resources necessary to effect a reduction in pretrial and post-dispositional length of stay in jail. Strategies to improve these practices and services shall be included and shall address such factors as:

1. The current use of summonses issued by law-enforcement agencies in lieu of arrest in certain criminal misdemeanor offences.

2. The current use of unsecured bond or pretrial services by magistrates.

3. Video arraignment in lieu of transportation to court.

4. Specifically for regional projects.

a. Cross court arraignments for confined defendants awaiting trial.

b. The need and solutions for short-term holding of defendants following arrest.

c. An assessment of travel distance and times to a proposed regional facility.

d. Where applicable, a collocated juvenile detention facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-200 Recommended resources to improve or expand existing and establish new alternatives

The needs assessment shall include recommended resources, including the necessary funding, necessary to improve or expand existing and establish new pretrial and post-disposition alternatives.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-210 Impact from the loss of local jails

The needs assessment shall include an examination of transportation costs, costs associated with closing of existing facilities, and the impact that the loss of local jails will have on the operation of local sheriff's offices and law-enforcement departments related to the current and future need for:

1. Lockups.

2. Short-term holding.

3. Court holding.

4. Staff availability for law-enforcement activities.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-220 Specific jail population forecast

A. The needs assessment shall include a forecast of the future total average daily population as follows:

1. A table of data utilized shall be included in the forecast section and shall be based on a minimum of 60 monthly data points including a description of the timeframes and the unit of analysis.

2. A graph that plots the local responsible inmate and state responsible inmate population separately and a table with the calculation of the percent local responsible and state responsible population during the period of analysis presented in the forecast data base.

3. A calculation of the average percent of the local responsible inmates and state responsible inmates in the total jail population including state responsible inmates greater than 90 days as reported by State Compensation Board.

4. The results of the preliminary population data analysis such as trends and correlation structure.

5. A presentation of three to five forecasts (the specification, parameters, and diagnostic information from each model) selected from any of the following models:

a. Linear regression analysis.

b. Exponential smoothing models.

c. Autoregressive integrated moving average models.

d. Structural forecasting models (multiple regression analysis).

e. Other forecasting models preapproved by the reviewing authority.

6. The forecast shall exclude the ADP of detainees:

a. Held for other localities (includes those held for payment, by courtesy, or for exchange) for jurisdictions not participating in a jointly operated or regional jail, or held in a single jurisdiction jail.

b. Held for federal authorities.

c. Contract inmates.

d. Held for out-of-state authorities (non-state warrant).

B. The needs assessment shall include a forecast consisting of:

1. A year-by-year forecast based on the projected year of occupancy plus a minimum of 10 years.

2. A test of the model selected demonstrating its ability to forecast the most recent year's population.

3. The presentation of a forecast based on one of the models and the discussion of why it was selected for the jail project.

4. An additional 10-year estimate in yearly increments (based on the year of occupancy plus 20 years) for use in estimating the facility support service areas needs in the planning study. For new facilities if future expansion is anticipated, consideration shall be given to increasing support services areas by 50% to accommodate future expansion.

C. The needs assessment shall include the impact of state responsible prisoner population in local jails for each of the last five calendar or fiscal years.

1. The year-to-year growth trend for the state responsible felon population.

2. The percentage of the total for which state responsible population accounted.

3. The mean, median, and mode state responsible population.

D. The needs assessment shall include a report for the last calendar or fiscal year:

1. Separately, the number of inmates committed to jail solely for a probation violation (confinement awaiting probation revocation hearing) or for a parole violation (confinement awaiting parole revocation hearing).

2. The total prisoner days and a calculation of the ADP, separately, for each of the two confinement categories listed in subdivision 1 of this subsection.

3. The total prisoner days or monthly ADP for all state responsible felon inmates calculated from the date of final sentencing to release or transfer to the Department of Corrections.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-230 Analysis of defendant or inmate management practices

A. The needs assessment shall include an analysis of the effect that the defendant or inmate management practices of law enforcement, magistrate, court, public defense, prosecution, local and state pretrial and post-trial alternative programs and the Department of Corrections have had on admissions to, releases from, and length of stay in jail.

B. The needs assessment shall include recommendations and agreements to eliminate or reduce the impact on jail bed space needs and to improve the practices of these services, including procedural changes, staffing, and the budget resources necessary to effect or implement these changes.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-240 Program or procedural strategies for reducing the jail population forecast

The needs assessment shall include a presentation of the program or procedural strategies for reducing the jail population forecast, which shall be based on strategies for the expansion of existing and the establishment of new programs designed to divert misdemeanant and felon defendants and inmates detained in jail awaiting trial or actively serving sentences or reducing their lengths of stay. The strategies shall include a description of the proposed services, costs for implementing or expanding services, and, if possible, staff and other resources necessary to implement expanded or new programs. Strategies to be considered include:

1. Mental health diversion or alternative programs, services, or facilities.

2. Development or enhancement of a pretrial services agency.

3. Home or electronic incarceration or monitoring.

4. Programs that divert defendants from jail, prosecution, or conviction who have been charged with offenses for which they can receive a sentence to jail.

5. A program that reduces the awaiting trial length of stay through court-approved credit for voluntary work on public property by any adult confined in jail awaiting disposition for a nonviolent misdemeanor or felony offense.

6. Development of or enhancement of local community based probation services for local responsible misdemeanant and felon inmates placed on probation following a sentence of 12 months or less or following a deferred proceeding.

7. Jail based home electronic incarceration program for inmates actively serving sentence in jail. Sentenced inmates can be confined at home in lieu of being held in jail.

8. A jail based public work force program that reduces the post-disposition length of stay through court approved credit for voluntary work on public property by any adult confined in jail serving a sentence for a misdemeanor.

9. A state or local day reporting center that will divert probation and parole violators from jail.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-250 Proposed project

A. The needs assessment shall include a table depicting the current jail housing and special purpose spaces in accordance with construction standards at the time that it was built that will be in continued use for the proposed project and the designated spaces proposed for the new construction.

B. The needs assessment shall include the recommended size of the proposed facility including the total number of cells, dormitories, or housing units necessary for general population, and community custody and special purpose housing, if applicable, special purpose, and short population management. This is the number to be used as the "relative size" of the proposed facility as required by 6VAC15-81-290.

C. The needs assessment shall include the proposed facility size based on future estimates and the need for management bed space in accordance with the requirements for design and construction set out in this chapter. Provide information in a table as shown in the example table in this section.

| Bed Distribution: Existing or Proposed | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Existing Jail | Special Purpose | Temporary Housing | | | | | | | | Rated Capacity | Maximum | Medium | Minimum | Community Custody | | | | Existing Jail | | | | | | | | | | | | | | | | | | Subtotal | | | | | | | | | New Facility | | | | | | | | | New Facility | | | | | | | | | Total | | | | | | | | | Grand Total | | | | | | | | | Percentage Distribution | | | | | | | |

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-260 Conclusions and recommendations

The needs assessment shall include conclusions and recommendations for implementation or improvement of programs and services as a part of the recommended jail project.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-270 Needs assessment review

A. The Department of Corrections and the Department of Criminal Justice Services shall review the needs assessment for compliance with this chapter and validation of the need for additional beds.

B. The Department of Corrections shall provide to the Board of Corrections a report on its review of the needs assessment for compliance with this chapter and validation of the need for additional beds.

C. The Board of Corrections shall evaluate the needs assessment to determine whether the assessment complies with this chapter and validates the need for the construction, expansion, or renovation project for which reimbursement is requested. The board may approve the needs assessment as presented. The board may require amendments or it may deny approval.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-280 Planning study requirements

A. An owner proposing a new construction, expansion, or renovation project shall prepare and submit for approval a planning study in accordance with this article with the exception of those projects qualifying as a minor renovation project as specified in 6VAC15-81-300.

B. The owner or the owner's agent shall contact the Department of Corrections, Compliance, Certification, and Accreditation Unit for guidance in interpreting these procedures and requirements for planning study documentation submissions.

C. The Department of Corrections shall not assist in the preparation of a planning study but may provide guidance and shall respond to requests for clarification of the requirements.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-290 Required information for planning study

A. The planning study shall include a statement acknowledging owners' and consultants' responsibilities for compliance with this chapter.

B. The planning study shall include a statement of the planned general population design capacity, as well as the number and capacity of temporary holding and special purpose cells of the proposed facility as detailed and approved in the needs assessment. If the capacity detailed in the planning study deviates from the forecasted capacity need shown in the needs assessment, the proposed interim capacity of the facility and the plan showing future expansion for achieving the approved capacity shall be detailed.

C. The planning study shall include, if applicable, a statement of rated capacity of the existing facility including current capacity of housing for custody levels, temporary holding, and special purpose.

D. The planning study shall include the operating program.

1. For new facilities, a written operating program describing the operating procedures envisioned for key operational functions such as, but not limited to, intake or release, inmate escorting, movement to and from court, medical, visitation, food services, program delivery, use of proposed technology, and related services such as video arraignment and telemedicine.

2. For renovations and expansions, any changes to the operating procedures shall be provided.

E. The planning study shall include a facility planning program setting forth the project requirements for building space by function, size, and quantity and addressing any special design considerations unique to the project.

F. The planning study shall include site data including site size, availability of utilities, and any other features of the site that would impact the facility design or cost.

G. Localities considering a campus style design concept that is designed to require the inmates to walk outdoors to access multiple buildings on the same site shall submit a written statement to the Board of Corrections detailing the management concept, anticipated staffing levels, and cost savings anticipated in construction and operation of the facility by this concept. Included in this request shall be a list of any specific sections of this chapter or 6VAC15-40 that are in conflict with the proposed facility with this management style and for which modification requests will be submitted. Explanation shall be given of how the security of individual buildings is provided in accordance with this chapter.

H. The owner shall submit a written statement to the Board of Corrections detailing the management concept (e.g., direct supervision, indirect supervision, hybrid, etc.) and anticipated operating procedures for the facility and anticipated staffing levels. Included with this statement shall be a request for modifications of specific sections that are in conflict with the proposed facility management style.

I. The planning study shall include a written description of the project setting forth:

1. The rationale for the building design.

2. The type of construction proposed.

3. A description of basic building materials and systems (structural; heating, ventilation, or air conditioning; security; etc.).

4. The size of the facility in gross square feet of floor area and size of facility in number of general population beds.

5. Building code designations as to the intended use group or groups, building code occupant loads, occupant load per this chapter, and construction type or types.

6. Provisions for future expansion based on findings in the facility program and needs assessment with number of beds, increased core, and support space.

7. Descriptions of proposed technology and related services.

8. Descriptions of sustainable design and construction initiatives proposed including energy conservation, resource management and environmental enhancements that can be benchmarked by third-party rating systems such as LEED, Green Globes, documenting compliance with ASHRAE 189.1, or the International Green Construction Code. Descriptions shall include benefits to the facility's users, environmental benefits and estimated payback timeframes. Initiates resulting in an increase in project costs shall be identified and include estimated costs.

9. Identification of specific items or features that increase the project cost of a median or basic jail building.

J. If the original jail is to remain open as a jail, the planning study shall include an assessment of the condition of the jail shall be performed by a licensed A/E, and estimated costs associated with necessary upgrades and phases shall be identified. The cost of staffing and documentation of staff efficiency for continued operation shall also be provided. Analysis of the condition assessment shall address life, health, and safety issues; excessive maintenance costs; excessive repair costs; excessive staffing due to design, limited capacity, program space, and distance to other facilities associated with a regional jail.

K. The planning study shall include conceptual floor plan or plans at a scale not smaller than 1/16 inch per foot, with indication by distinct symbols, overlays, or other means to denote the secure perimeter of the facility.

L. The planning study shall include conceptual building elevations at a scale not smaller than 1/16 inch per foot.

M. The planning study shall include a conceptual site plan at a scale not smaller than one inch per 60 feet indicating existing and proposed buildings, vehicular circulation, parking, outdoor recreation facilities and areas, security fences or walls, and future building expansions.

N. The planning study shall include a conceptual building section at a scale not less than 1/16 inch per foot if required to explain a multilevel building design.

O. The planning study shall include an energy analysis containing comparative fuel costs and energy conservation investigations including construction cost increase and savings, payback energy efficiency initiatives and other factors supporting the heating, ventilation, and air conditioning systems and fuel selection.

P. The planning study shall include an analysis of staffing needs and a six-year operating budget cost for the proposed facility that includes:

1. Security positions indicating type of inmate supervision system proposed, specific security posts required, and anticipated hours that each post will be manned.

2. Nonsecurity staff functions and anticipated hours the posts will be manned.

3. Operating budget costs, with items such as the cost of heating, ventilation, and air conditioning; utilities maintenance; food service; staff salaries; supplies; etc.

Q. The planning study shall include a construction cost estimate with a detailed description of the basis on which the estimate was made:

1. The construction cost estimate shall be based on the estimated cost as of the date of the planning study and shall also show the inflated values of the estimated costs as of the date of the midpoint of construction as proposed in the construction schedule. A chart shall be prepared in column format showing estimated building construction cost. Other costs as individual line items not included within the building envelope shall be added such as, but not limited to site development, professional fees, contingencies, permits, unusual site work, expanded core, and renovation. The estimate shall also show the sum of total project costs.

2. When projects involve a combination of two or more project types (new construction, renovations, and expansions) the construction cost estimate shall clearly identify the costs associated with each project type.

3. When items proposed exceed median construction costs, the construction cost estimate shall clearly identify such costs, and the need for such extraordinary work shall be fully explained and justified including the examination of alternative solutions. Examples of these items may include:

a. Expanded facility support services.

b. Unusual site conditions.

c. Utility runs beyond the limits of construction.

d. Virginia Department of Transportation turn lanes.

e. Sustainable design and construction initiatives.

4. When items proposed exceed median construction cost because of local requirement or desires, the work shall be specifically listed and the anticipated additional cost of each item identified. Portions of the project that are not eligible for funding reimbursement shall be clearly identified and costs tabulated separately. These items may include features such as:

a. Enhancements to meet local zoning or architectural requirements.

b. Stone facades.

c. Site constraints because of locations.

d. Slate roofs.

e. Retail stores.

f. Clock towers.

g. Copper roof.

h. Marble planters.

i. Brick outdoor recreation yard enclosures.

j. Loose equipment.

k. Inmate transportation tunnels or other passageways to courthouse.

5. In accordance with the Code of Virginia, only fixed equipment is reimbursable except in minimum security housing. Loose equipment or furnishings (i.e., those items not permanently or physically attached to the building) that are not reimbursable include the following items:

a. Blankets.

b. Chairs.

c. Curtains.

d. Desks.

e. Fire extinguishers.

f. Lamps.

g. Mattresses and pillows.

h. Medicines and medical equipment.

i. Movable beds.

j. Movable shelving.

k. Office equipment and furnishings.

l. Portable radios and communication devices.

m. Pots, pans, and utensils.

n. Small portable appliances.

o. Smoke machines.

p. Telephone handsets.

q. Televisions.

r. Uniforms.

s. Vehicles and vehicle equipment.

6. Additional items that are not considered to be eligible for reimbursement as a construction cost include:

a. Space for sheriff's functions unrelated to the operation of the jail.

b. Magistrate's offices.

c. Cost of financing or interest other than that calculated and provided by the Department of Treasury.

d. Land already owned by the owner.

e. Excess land not used exclusively for jail purposes.

f. Owner's operating or administrative budget or expenses.

g. Salary of an employee of any locality who is a participant in the jail project.

h. Owner's advertising fees, master planning, consultants, authority or board expense, legal fees, or similar items unrelated to planning, design and construction of the jail.

i. Selection of overly expensive design, building materials, or systems.

j. Repair of existing facility.

k. Oversized utility lines, central plants, or other similar services, onsite or off site, to provide service to facilities other than the jail now or in the future; if a portion of this is deemed reimbursable, it may be approved on a percentage of use by facility basis.

7. Items deducted from project cost:

a. Any money realized or planned to be realized from the sale or transfer of any building or real estate associated with existing jail in order to procure a site and construction of the new jail or expansion shall be reported and shall be deducted from the project cost.

b. Any grants received for construction shall be reported and shall be deducted from the project cost.

R. The planning study shall include a schedule for planning and construction of the project including at a minimum milestone dates for completion of design development drawings, completion of contract documents, start of construction (an executed construction contract and a notice to proceed), midpoint of construction, completion of construction, and projected date of occupancy.

S. The planning study shall include any other information that would be of value to a reviewing agency or the reviewing authority.

T. The planning study shall include a list of the sources of all allocated and projected construction or capital funds involved in the project.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-300 Minor renovation projects; required information

A. A locality or regional jail proposing a renovation project that does not increase design capacity and for which the cost is less than $5 million or higher if approved by the board shall submit the following in lieu of the planning study:

1. Identification of the problem, need, or reason for the project.

2. Description of current situation including:

a. Analysis of existing facilities to include space utilization, condition, and capacity of facilities.

b. Determination of existing and recommended facility procedures related to the need.

c. Examination of existing and recommended alternatives to fulfill the need and the feasibility of implementing such alternatives.

3. Detailed written description of the planned project including an analysis of any existing facility function that would be displaced, replaced, or enhanced by the proposed renovation.

4. Statement of who will be responsible for designing, supervising, and accepting the project for the owner.

5. Conceptual floor plans, at a scale not smaller than 1/16 inch per foot, with indication by distinct symbols, overlays, or other means to denote work to be done.

6. Analysis of the project impact on staffing.

7. Analysis of the project impact on operating costs.

8. Analysis of impact on the security of the facility.

9. Total estimated project cost with a description of the basis and a breakdown of the estimate into construction costs, fees, and other expenses.

10. Proposed construction schedule to include anticipated completion date.

11. Other project-specific information as determined by the reviewing authority.

B. Nonreimbursable items as listed in 6VAC15-81-290 Q also apply to minor renovation projects.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 3 Funding and Reimbursement

6VAC15-81-310 Criteria for board funding recommendation

A. The board shall evaluate the need for the project as demonstrated by the information provided in the needs assessment, planning study, or the minor renovation project information.

B. The board shall take into consideration the operational cost efficiency of the interior design of the facility with special concern for the number of security staff required, functional layout, material selection, and utilities costs.

1. Security staffing levels will be generally based on the operational capacity of the facility and in accordance with the staffing ratio requirements of the appropriation act.

2. Any proposed facility requiring a less efficient staffing ratio than the appropriation act requirement shall be justified and approved by the board in order to be considered for reimbursement.

C. Economy of construction cost is necessary and will be reviewed as follows:

1. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the efficiency of the renovated spaces, the appropriateness of the proposed changes, and the relationship of the changes to the project as a whole.

2. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the adjusted median cost of local correctional facilities. The comparison of project costs to the adjusted median cost shall be made utilizing the appropriate estimated construction costs that were based on current cost values.

3. Increases and decreases in funding shall be based on costs listed in the latest edition of "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc., adjusted for appropriate variables. When reviewing the construction costs, the reviewing authority may recommend adjustment of the amount being requested for reimbursement funding for the following reasons:

a. When support service areas of the facility are not included, included at a size not in conformance with this chapter, or are included at sizes larger than necessary in anticipation of future expansion of the facility;

b. When planned facilities vary from the recommended custody level percentages contained in 6VAC15-81-650 by more than 10% of each custody level;

c. When construction is proposed for space or spaces to be utilized for inmate industries; or

d. When site location circumstances warrant consideration.

D. The adjusted median cost of local correctional facilities shall be calculated by the department using national area averages based on the number of beds and the following procedure:

1. For jails housing maximum, medium, and minimum custody inmates, a cost per square foot base figure shall be the national median square-foot unit cost published in the latest edition of "Means Facilities Cost Data" or "Means Square Foot Costs" published by RSMeans Company Inc.

2. For dormitories providing only community custody housing a cost per square foot base figure shall be the national median square-foot cost for college dormitory from the latest edition of "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc.

3. The national square-foot cost shall be adjusted for applicability to Virginia localities by applying an adjustment factor given for appropriate class of structures in the local building construction multipliers section of the "Marshall Valuation Service Manual" published by Marshall & Swift, latest edition.

4. For the purposes of cost calculations only, the adjusted square-foot costs shall be multiplied by per-bed area allowances based on the national average gross square footage of facilities; the area allowances shall be:

a. Facilities housing maximum, medium, and minimum inmates - 400 square feet per bed;

b. Community custody housing facilities with 50 or fewer beds - 275 square feet per bed; and

c. Community custody housing facilities with more than 50 beds - 250 square feet per bed.

E. The adjusted median state construction cost of local correctional facilities shall be calculated by the department based on the number of beds and the following procedure:

1. Adjusted median cost for the local correctional facility shall equal:

a. National cost per square foot multiplied by local modifier multiplied by area allowance per bed as found in "Means Square Foot Costs" or "Means Facilities Cost Data" published by RSMeans Company Inc. plus.

b. Additives to the cost must be indicated and justified.

2. The amount recommended for project funding shall not exceed the adjusted median construction cost plus 10% plus other costs as addressed in 6VAC15-81-290, or planning study estimated cost, whichever is less. Costs exceeding the state allowed amount as calculated in 6VAC15-81-290 Q must be borne solely by the owner.

3. Construction cost shall be based on costs as of the midpoint of the construction schedule.

4. The median cost of the local correctional facility is the reasonable cost of items similar to those listed in the cost template shown below:

| Cost Analysis | | | | --- | --- | --- | | Name of Jail: Date: | | | | | Locally Requested Cost | Eligible Cost: | | Part I - New Construction Costs | | | | Building cost | | | | Sitework | | | | New Construction Cost Subtotal | | | | | | | | Part II - Project Construction Costs | | | | Building renovation cost (number of square feet and cost per square feet) | | | | Unusual site conditions | | | | VDOT access lanes | | | | Off-site utilities | | | | Utility relocation | | | | Project Construction Costs Subtotal | | | | | | | | Part III - Other Project Costs | | | | A/E fees | | | | Community based corrections plan/planning study | | | | Value management analysis | | | | Construction manager/clerk of the works | | | | Fixtures, furnishings & equipment | | | | Communications/data equipment | | | | Testing/special inspections | | | | Survey, topo, environmental & utility locator | | | | Geotech | | | | Printing, reproduction & advertising | | | | Permits, fees & connection charges | | | | Record drawings | | | | Other Costs Subtotal: | | | | | | | | Contingency Costs (based on total costs less A/E fees and planning study and percentage used): | | | | | | | | Total Project Costs | | | | Note: Line items are suggested. For example, not all line items may be applicable. However, more line items may be required. | | |

F. The cost of renovation of an existing facility shall be reviewed on a case-by-case basis and shall be presented in calculations separate from new construction costs.

G. Unless an extension is granted by the board, board approval expires after three years if design development drawings have not been submitted to the reviewing authority. After that time, to proceed with the project, the owner shall resubmit the community based corrections plan to the board for reconsideration.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-320 Funding priorities

The following criteria, listed in order of importance, shall serve as a guide for determining the level of priority given to requests for reimbursement:

1. Replacement or renovation of bed space lost due to fire, earthquake, or other disaster.

2. Renovation of an unsafe facility that is documented as out of compliance with board life, health, and safety provisions of 6VAC15-40 (Minimum Standards for Jails and Lockups) or a court-ordered renovation, expansion, or new construction.

3. Construction of a regional facility that results in the replacement or closure of two or more local facilities.

4. Expansion of an existing local correctional facility or regional facility experiencing overcrowding that is expected to continue based upon factors described in the needs assessment.

5. New construction for a locality that does not currently have a facility or is not participating in an existing local correctional facility or regional facility.

6. Expansion or renovation of support facilities.

7. Phased construction projects.

8. Construction project cost overruns.

9. Construction by localities that received reimbursement within the previous five years for beds of construction with a limited life span. These localities shall not receive recommendation for approval for replacement of those beds with another secure or community custody facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-330 Board recommendations

A. The department shall direct a letter to the owner notifying the governing body of the board's decision to recommend, or not to recommend, a project for reimbursement.

B. The department shall notify the Department of Planning and Budget and Treasury Board of the board's approvals and approval expirations of proposed jail construction to include project description and reimbursement recommendation amount.

C. Final appropriations are subject to the Governor's approval and legislative enactment.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-340 Reimbursement rates

The reimbursement rates to localities for construction, expansion, or renovation of local correctional facilities shall be governed by §§ 53.1-80, 53.1-81, and 53.1-82 of the Code of Virginia.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-350 Required forms

Upon project approval by the board, the owner shall be responsible for obtaining and submitting all forms as required by the Treasury Board if the project is to be funded by the Treasury Board.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-360 Project development; reviewing authority

The reviewing authority determines adequacy of the usability, functionality, acceptable design relationship, flows, and sightlines of the design of the facility. With the exception of receiving a modification granted by the board, the reviewing authority is the final determination in interpretation of and compliance with this chapter.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-370 Schematic design documents

A. The owner shall submit schematic design documents to the reviewing authority as specified in this section.

B. The schematic design documents required for an expansion, renovation, or new construction of a local correctional facility shall contain sufficient information to identify basic security construction features and demonstrate intent to comply with this chapter and building code requirements and shall include, as a minimum, the following:

1. The schematic design shall include a basis of design narrative that provides the following information:

a. General and special purpose capacity and type of occupancy.

b. Exterior circulation to include pedestrian and vehicular.

c. Outline description of basic materials including systems, equipment, and proposed finishes for major areas to include administration, inmate housing, inmate programs, kitchen, laundry, receiving, medical, etc.

d. Future construction or expansion to be accommodated.

e. Style and character of building desired.

f. Environmental considerations, if any.

g. A geotechnical report.

h. A description of the HVAC systems being used, including the goals for energy efficiency and for the smoke removal systems.

i. Total square footage per floor and per building.

j. Number of parking spaces.

k. Total estimated construction cost based on the schematic documents with a description of the basis on which the estimate was made.

l. Any changes to the board approved total project budget.

m. Any changes in staffing from the board approved planning study.

2. The schematic design shall include schematic drawings that provide the following information:

a. A table showing type of construction proposed. Building designations as to building code edition used, standards to be met, fire resistive characteristics, intended use group or groups, use condition, gross square footage, design occupancy loads, and construction types.

b. Schematic site plan.

c. Floor plans consisting of single line drawings at a scale not smaller than 1/16 inch per foot, showing each floor layout with space names, nominal room square footage, circulation paths, and security walls (interior and exterior).

d. Longitudinal building section with floor to floor to ceiling dimensions.

e. Exterior elevation views (minimum of two).

f. Any other information that would be of value to the reviewing authority.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-380 Design development documents

A. The owner shall submit design development documents to the reviewing authority as specified in this section.

B. The design development documents required for an expansion or new construction of a local correctional facility shall contain sufficient information to identify basic security construction features and demonstrate intent to comply with this chapter, 6VAC15-40, and building code requirements and shall include, as a minimum, the following:

1. Site plan.

2. For new and existing facilities, a table showing the construction type, the size of the facility in gross square feet of floor area, building code designations as to code edition, fire resistive characteristics, intended use group or groups, condition, and design occupancy loads.

3. Architectural floor plans at least 35% complete at a scale not less than 1/8 inch per foot, showing each floor layout complete with space names, nominal room square footage, circulation paths, secure perimeter, interior security walls, and fire walls.

4. Elevations, sections, and details as required to define building materials and security construction features.

5. Mechanical and electrical plans and specifications necessary to define life safety construction features.

6. Security equipment list.

7. Outline specifications.

8. Construction cost estimate.

9. Any change in staffing from planning study.

C. Documents for renovation of a local correctional facility may not require some of the information in subsection B of this section. Requirements shall be as determined by the reviewing authority in consultation with the owner or owner's agent or engineer. In the case of renovations qualifying as minor renovation projects under 6VAC15-81-300, determination of required documents and information shall be made by the reviewing authority in consultation with the person or persons responsible for project design.

D. The owner shall submit two sets of design developmentdocuments to the Department of Corrections, Compliance, Certification, and Accreditation Unit. The owner may also be required to submit design development documents to other regulatory agencies as deemed appropriate at this stage and shall be so notified in writing by the department.

E. The reviewing authority shall review design development documents for compliance with applicable codes, this chapter, and commonly accepted architectural, engineering, and correctional practices.

1. Changes to design development documents may be required. If so, the reviewing authority shall ensure that all changes and comments shall be submitted in writing to the owner.

2. The owner or owner's agent shall respond in writing to the reviewing authority to all comments in the design development review. Necessary revisions to the project documents may be incorporated in the submission of the construction documents. All issues in question between the owner or owner's agent and the reviewing authority shall be resolved before the construction document phase is begun.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-390 Value management analysis

A. All jail projects for which reimbursement is being requested for new construction, expansion, or renovation costing $10 million or more shall have a value management analysis (VMA) performed during design. For renovation projects, a waiver may be requested from the board.

B. VMA shall be performed at the conclusion of the design development (35% to 40% complete) phases of the project design. For large projects in excess of 250 beds, the reviewing authority may require that a second phase of VMA be performed at the construction documents phase (90% to 95% complete).

C. The VMA shall involve a three-day to four-day exercise at the design development phase, or four to five days each at the design development and construction document phases. The first day, or portion thereof, of each analysis consists of a presentation overview by the owner and the A/E design team to the value management team. The final day or portion thereof, consists of a presentation of findings and recommendations by the value management team to the owner and A/E design team and attended by the reviewing authority.

D. The VMA process shall analyze at a minimum the following aspects of the project's design: systems, products and materials, quality, efficiency, functionality, long-term design, and operational needs (beyond 10 years) and cost.

E. The owner shall engage the services of a qualified value management team, as defined in 6VAC15-81-20 and headed by a certified value specialist or engineer pursuant to the definition of "value management team." The VMA team shall be independent of the A/E design team and of the contractor. Cost estimators are also recommended as beneficial to the analysis, particularly for projects performing VMA at the construction documents phase.

F. The owner shall advise the reviewing authority in writing at least 15 working days in advance of the meeting dates for the VMA team. A representative of the reviewing authority shall be present at the value management team's formal presentation of results to the owner and A/E design team. The reviewing authority may attend any other portion of the session.

G. Upon completion of the VMA process, a summary report detailing VMA recommendations and the owner's decision on implementation of the recommendations shall be provided in writing to the reviewing authority.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-400 Construction documents

The owner or owner's agent shall submit two complete sets of construction documents, one full size, one half size, plus one set of full-size architectural drawings to the reviewing authority, Department of Corrections, Compliance, Certification, and Accreditation Unit as specified in this section.

1. Complete sets of construction documents shall consist of:

a. Construction documents (at least 95% complete).

b. Bidding documents.

c. Cost estimate.

d. Construction schedule.

2. Review approvals from local building, health, and fire officials.

3. The reviewing authority shall review construction documents for compliance with this chapter, building and fire code requirements, and incorporation of all changes required by the reviewing authority at the design development document review stage.

a. Changes to the construction documents may be required. All required changes and recommendations shall be submitted in writing to the owner or owner's agent.

b. The owner or owner's agent shall respond to all comments in the construction document review in writing to the reviewing authority. All issues in question between the owner or owner's agent and the reviewing authority shall be resolved before the project is bid.

4. Upon satisfactory resolution of all review comments, construction documents shall be approved by the reviewing authority, and the owner shall be advised in writing.

5. The approved plans shall not be construed as authority to omit or amend any of the provisions of this chapter except when a modification is granted by the board.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-410 Changes and delays

A. If, during the project, there is any substantive change in the scope of the project, major design change, an increase in the estimated cost of construction exceeding 10%, or any change in the security staff requirements exceeding 10%, the review process shall be suspended until the project is resubmitted to the board for further review and possible change in the status of reimbursement recommendation.

B. Unless an extension is granted by the board, board approval expires after two years if design development drawings have not been submitted to the reviewing authority. After that time, to proceed with the project, the owner shall resubmit the community based corrections plan to the board for reconsideration.

C. Increases in reimbursement funding over the initial amount approved by the board may be considered based on analysis of documentation of bid overage or contract increase, negotiation for cost reduction, and justification for the increase. See 6VAC15-81-430. Increases in the cost of construction above the board approved amount shall be documented, justified, and submitted for board approval. Notification shall be provided to the board of the intent to request increased reimbursement prior to 35% completion of construction. The request for board approval with complete documentation and justification shall be made prior to 50% construction completion.

D. The board shall not approve any request for reimbursement for increases in the cost of construction for any project for which construction was not begun within three years of enacted approval of funding for the project by the General Assembly; provided however, the board may approve such requests if the increased costs resulted from extraordinary circumstances, which must be documented.

E. Final appropriations for increases are subject to the Governor's approval and legislative enactment.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-420 Bids

A. Prior experience with jail construction is an element to be considered when selecting a contractor.

B. After bids for construction have been received and opened, and the owner has determined to proceed with the project, the owner or owner's agent shall submit a copy of the bid tabulation to the reviewing authority.

C. For projects utilizing nontraditional process, other than design-bid-build, the schedule of values shall be submitted within 45 days after award of the construction contract.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-430 Construction

A. To be eligible for reimbursement, the quality control must be independent of the owner. Quality control may be provided by a clerk of the works, construction manager, or by enhanced construction administration by the architect with reports submitted directly to the owner.

B. Any change ordered during the construction phase affecting security, safety, compliance with this chapter, or cost shall be submitted to the reviewing authority in writing.

C. Representatives of the department may visit the project site during the construction period to observe the work in progress. Any observed deviations from the approved documents having the effect of voiding or reducing compliance with this chapter or building or fire code requirements shall be reported in writing to the owner and shall be corrected.

D. Inspections by the reviewing authority shall start at 50% construction completion with at least one additional inspection prior to final inspection. The owner or owner's agent shall notify the reviewing authority and request inspections in a timely manner.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-440 Final inspection

A. The reviewing authority shall inspect the facility after substantial completion and prior to acceptance by the owner. This inspection shall be requested by the owner or owner's agent and coordinated with the reviewing authority.

B. Upon completion of the final inspection by the reviewing authority, and corrective actions as required, the owner shall provide to the reviewing authority copies of all regulatory agency letters verifying approval by others of the completed project.

C. Corrective actions taken to resolve comments made by the reviewing authority during final inspection shall be provided by the owner or owner's agent in writing to the reviewing authority.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-450 Record documents

The owner or owner's agent shall modify original construction contract documents to reflect the condition of the project as actually constructed and based upon as-built drawings and specifications provided by the general contractor. Such modifications shall include change orders, sketches, addenda, and field clarifications. These documents shall be marked as record documents.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-460 Method of reimbursement

A. Reimbursement to an owner shall be effected through one of three methods. Reimbursement shall be made through one lump sum payment or two lump sum payments or in payments over a specified period of time. The General Assembly determines and approves the method of reimbursement upon evaluation of the jail construction project by the Department of Planning and Budget in consultation with the Treasury Board.

B. Project closeout documentation and request for reimbursement shall be submitted to Department of Corrections, Compliance, Certification, and Accreditation Unit, within six months after construction completion.

C. Failure to comply with this chapter shall delay the review process and recommendation for disbursement of funds and may result in the denial of reimbursement.

D. Project closeout documentation shall be reviewed for completeness and accuracy by the reviewing authority prior to recommendation to the Governor and authorization to the Comptroller or Department of Treasury for issuance of reimbursement payment. The owner or owner's agent shall be notified by the reviewing authority if information is missing, invalid or inaccurate or needs clarification. Such further information requested shall be provided prior to authorization of payment.

E. Project closeout shall be complete upon receipt of all properly prepared final documentation as specified in 6VAC15-81-480 and reimbursement has been made.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-470 Request for interim lump sum reimbursement

If interim lump sum reimbursement has been legislatively approved, when construction of the project is 50% complete and payment in two lump sums has been authorized, the following shall be submitted:

1. Schedule of values and calculations confirming 50% completion.

2. Copies of bills and verification of payment (canceled checks or other means of verification as accepted by the reviewing authority) along with copies of original estimated costs to verify payment of 50% of those items for which reimbursement is being requested at that time.

3. Interim affidavit of payment of claims.

4. Further information as deemed necessary by the reviewing authority.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-480 Final lump sum reimbursement closeout documentation

If lump sum reimbursement has been legislatively approved, when the project is finished at the local level, the owner shall submit the final documentation listed in this section. Final reimbursement may be requested when the project is complete. The project shall be considered complete when the owner has completely submitted the following items accurately and with all supporting documentation:

1. Project completion report (forms or instructions are provided by the reviewing authority).

2. Final schedule of values (forms or instructions are provided by the reviewing authority).

3. Copies and verification of payment of all bills pertaining to the project for which reimbursement is being requested.

4. Letters from regulatory agencies verifying their inspection and approval of the completed project.

5. Building official's certificate of occupancy.

6. Fire official's concurrence.

7. Health official's approval.

8. Affidavit of payment of claims.

9. 50% completion date and documentation substantiating the date.

10. Verification and certification using industry benchmarks that substantiate that the sustainable design and construction initiatives identified in the planning study have been achieved, if applicable.

11. Verification of correction of the reviewing authority's punch list items or other deficiencies.

12. Copies of all change orders.

13. Closeout documents (drawings and specifications) that shall be submitted to the reviewing authority in accordance with the following:

a. One set on CD media: copy of record documents on CD-ROM media, or electronically stored data shall be in a pdf format.

b. One set of operation and maintenance manuals for systems provided to the owner shall include all color coding and point-to-point wire run lists for all electrical systems.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-490 Treasury Board reimbursement

A. When the construction and closeout of a project being reimbursed by contract with the Treasury Board is complete, the owner shall submit all information as required in 6VAC15-81-480 to the reviewing authority in the Department of Corrections, Compliance, Certification, and Accreditation Unit.

B. An owner approved for reimbursement in payments over a specified period of time shall be paid in accordance with a contractual agreement entered into with the Treasury Board.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 1 General Design Requirements

6VAC15-81-500 Secure local correctional facilities design and construction - general

A. When designing the facility, consideration shall be given to appropriate traffic patterns, groups of functions, facilitating ease of movement to and within functions, clear sightlines to reduce blind spots, efficiency and economy of staffing, PREA, and facilitating a smooth, logical sequence of operation.

B. The reviewing authority may accept materials and systems documented to be equivalent to those required by this chapter.

C. Any deviation requiring a modification or variance of this chapter shall be submitted for review by the reviewing authority and approval by the Board of Corrections.

D. In addition to the minimum requirements, this chapter contains recommendations regarding design, construction, and security that, although not required, should be given serious consideration.

E. The reviewing authority may make recommendations regarding design, construction, and security that, while exceeding minimum requirements, may be desirable to adopt.

F. Review or inspection by the reviewing authority does not relieve the owner or owner's agent from the requirement to comply with this chapter.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-510 Separation of males, females, and juveniles

A. Secure housing units, intake cells, and special purpose cells shall be designed and constructed to ensure physical separation and to prohibit normal sight or sound communication betweenmales and females.

1. "Secure housing" means housing for all inmates (maximum, medium, and minimum) not classified as community custody.

2. If the facility is designed to hold juveniles, the areas used for juveniles shall be designed to prohibit normal communications by sight and sound and ensure physical separation of the juvenile from the adult population.

B. Separation of internal movement of juveniles shall be in accordance with 6VAC15-40, Minimum Standards for Jails and Lockups.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-520 Traffic patterns

A. If secure and community custody housing are provided in the same building, the design of the facilities shall provide traffic patterns to assure the separation of secure and community custody inmate populations.

B. Design of public access shall be such that the public does not enter into the secure perimeter of the facility, and the traffic pattern for the public shall be separate from that of inmates.

C. The reviewing authority may require that intake, release, and court holding areas be separate and distinct functions and traffic patterns be kept separated from each other. The reviewing authority may require that means of egress for the inmate release area and for the court holding area be separate from the intake and booking area entrance.

D. Exterior pedestrian and vehicular routing shall be designed for separation of traffic patterns.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-530 Related areas

The following areas shall be outside the secure perimeter:

1. Magistrate offices and law-enforcement lobby (if provided).

2. Parking.

3. Public visitation and waiting area.

4. Armory.

5. Maintenance shop (if provided).

6. Main (primary) mechanical room.

7. Vehicular sally port.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-540 Administration

A. The jail shall provide space consistent with the size of the facility for administrative, program, and clerical personnel.

B. Space shall be provided within the secure perimeter for the shift or watch commander's office, counselor's office, and other offices that the jail operation requires.

C. Space shall be provided for staff break or dining. Locating staff break or dining within the secure perimeter shall be considered.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-550 Public areas

A. Public areas of the facility shall be located outside the secure perimeter. Public access to the building shall be through a main entrance. The general public shall not have access inside the secure perimeter of the jail. Traffic patterns of the public and inmates shall be distinct, separate, and not intersect.

B. A reception and waiting area with appropriate informational signage shall be provided for the public and shall be so situated that it does not interfere with the administrative office operations. The public waiting area shall include sufficient seating, drinking fountains, toilet facilities, and weapons lockers equipped with individually locked compartments. Consideration shall be given to provision for public lockers.

C. All exterior areas, including parking, shall be adequately lighted.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-560 Secure perimeter

The secure perimeter of the facility shall be composed of a complete and continuous security envelope consisting of walls, roofs, ceiling, floors, doors, door locks, and other hardware, windows and glazing constructed in accordance with the security perimeter requirements of this chapter. The secure perimeter shall be clearly indicated on the plans.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-570 Interior security walls, interior partitions

A. Interior security walls shall be provided around and between all housing units, cells, dormitories, armories, sally ports, central intake units, classification units, control rooms, recreation areas, kitchens, inmate dining halls (if separate from housing), canteens (commissaries), multipurpose rooms with toilets, central laundry, laundry chemical rooms, pharmacies, medical units, records rooms within the secure perimeter, and property rooms. Interior security walls, and opening protectives shall be constructed in accordance with 6VAC15-81-930.

B. Interior partitions.

1. Interior partitions maybe provided between support services such as but not limited to multipurpose rooms without adjacent toilets and staff dining.

2. Interior partitions shall not be substituted for required interior security walls.

3. Interior partitions shall be constructed in accordance with 6VAC15-81-930.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-580 Exterior areas

A. Exterior areas, including parking and building exterior where CCTV is utilized, shall be lighted as recommended by the equipment manufacturer.

B. When landscaping, consideration shall be given to size and density of plantings within 25 feet of the building for security and fire safety reasons.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-590 Fencing

A. Security fencing or security walls shall be provided for outdoor recreation areas. Exterior building configurations that create containment areas and all other areas shall be fenced as required by this chapter.

B. Access for maintenance shall be provided for all fenced areas.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-600 Emergency containment

A. Alternate means for inmate containment shall be provided for in case of disaster, mass arrests, or emergency evacuation.

B. These areas may include outdoor recreation area, an enclosed vehicular sally port, or any other approved area that shall afford adequate security.

C. When planned for this purpose, these areas shall provideaccess to toilets and drinking water. Fixtures and equipment shall meet the requirements for temporary holding.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-610 Armory

A. Secure storage for security equipment, restraining devices, firearms, chemical agents, etc. shall be located outside the secure perimeter andconvenient to security personnel responding to emergency situations.

B. Walls, floor, opening protectives, and roof or ceiling of this area shall meet requirements for secure construction.

C. This area shall have a dedicated exhaust system.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-620 Pedestrian sally ports

A. Sally ports shall be provided at any point the secure perimeter of the building is penetrated unless specifically exempted by this chapter.

B. Sally ports shall be provided at all exterior openings from security areas and at the entrances to housing units designed for maximum and medium security inmates.

C. Any stairwell with a door that penetrates the secure perimeter shall be constructed as a sally port.

D. For an emergency exits only, an exterior area enclosed with bar grille or woven rod may serve as the second barrier of a sally port. This sally port shall be provided witha top barrier at least equivalent to the vertical enclosure fence mesh and the area is supervised by CCTV.

E. Exterior security doors used solely to meet emergency evacuation requirements are not required to be sally ported, however, fencing the area to be utilized for evacuation is required if no sally port is provided.

F. Commercial grade sectional doors or overhead rolling doors are not considered secure and shall not be part of a sally port.

G. Consideration shall be given to providing weapon lockers equipped with individually locked compartments at the entry of staff and law-enforcement sally ports penetrating the secure perimeter.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-630 Vehicular sally port

A. The vehicular sally port shall be provided with weapons lockers equipped with individually locked compartments.

B. Vehicular sally ports shall be weather protected. As a minimum the lower eight feet of the vehicular sally port walls shall be solid. This sally port shall be separated from adjacent spaces by secure and fire-rated construction and shall be observable by staff with CCTV as backup. If this sally port is to be used for emergency containment, an upgrade of the security level shall be considered.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 2 Central Intake Unit Design, General Population, and Other Areas Design Requirements

6VAC15-81-640 Intake and processing

A. The central intake unit shall be located within the secure perimeter of the facility, outside the general population housing units and shall be separated from other areas by an interior security wall.

B. The central intake unit shall be constructed to provide the following areas:

1. Booking or processing, including photographing and fingerprinting.

2. Clothing storage and issue.

3. Control room or station.

4. Custody transfer.

5. Intake cells and group cells.

6. Interview.

7. Medical screening.

8. Orientation.

9. Property storage.

10. Provisions for telephone calls.

11. Records storage (if not provided elsewhere).

12. Release and staging for court (if applicable).

13. Strip search and shower.

14. Video arraignment if arraignment is not provided elsewhere.

C. Intake cells and group areas.

1. Space shall be provided for intake of inmates at a minimum of one for every 10 inmates for which the facility is designed up to the first 400 beds of design capacity.

a. Intake cells, group cells, and open seating shall be provided at a ratio of one for every 40 beds of additional design capacity above 400.

b. Consideration shall be made for future expansion.

c. At least 50% of this required capacity shall be single cells with the remainder being a combination of group cells and open seating area. Exception: The number of single cells may be reduced based on approved statistical documentation or needs identified in the needs assessment.

2. Intake cells shall be designed to contain a minimum of 45 square feet for single occupancy cells plus 15 square feet per inmate for each additional inmate for which the cell is designed.

3. Each cell shall contain at least one stationary bench or bunk, hot and cold running water, a combination stainless steel toilet and lavatory with push button metering activators, and a sanitary bubbler.

4. Intake cells shall provide optimized observation of the interior of the cell. Modesty screening is required for toilets in cells with grillage or glazed openings greater than a total of 120 square inches in any cell wall. Exception: An observation cell with flushing floor drain and a bunk sized slab or platform raised a minimum of six inches above floor for sleeping is not required to have a toilet, lavatory, or privacy screening.

5. Lighting in cells, toilets, and showers shall be provided from a maximum security fixture of sufficient intensity to permit sight supervision.

6. Natural light and dayrooms are not required for intake cells or areas.

7. Intake cells shall be constructed as maximum security cells with maximum security doors, hardware, fixtures, equipment, and glazing or bar grille woven rod or combination thereof.

8. Toilets and lavatories shall be provided for use by those in open seating holding. Plumbing fixtures in this area shall be maximum security.

9. Showers shall be provided as follows:

a. For facilities with a design capacity of 200 or less: a minimum of two showers.

b. For facilities with a design capacity of 201 or more: a minimum of one additional shower for every 300 beds, or portion thereof, of additional design capacity.

D. Nonperimeter entrances and exits for the intake and release area shall be capable of being controlled from intake or local control. Security perimeter doors shall be controlled from master control only.

E. Secure storage space for inmate personal property shall be provided adjacent in proximity to the intake or release area.

1. The recommended amount of space is four to six inches of linear hanging space per inmate for which the facility is designed plus one cubic foot in bins or lockers, per inmate, for items that cannot be hung.

2. Consideration shall be given to providingwashers and dryers in this area.

F. Release and court holding.

1. Consideration shall be given to separation of traffic patterns and additional holding for inmate release area and for court holding.

2. Number of cells shall be as defined in the needs assessment.

3. Egress for these areas shall be separate from the area serving the intake and booking entrance.

G. Temporary juvenile holding, pursuant to § 16.1-249 G of the Code of Virginia, if provided, shall be as follows:

1. Construction of juvenile cells or units shall be in accordance with this chapter as required for maximum security adult housing.

2. This ward or unit shall be physically, audibly, and visually separated from adult areas.

H. Consideration shall be given to future expansion.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-650 Security levels of housing

A. Secure housing shall be constructed to provide housing for maximum, medium, and minimum custody inmates. Consideration shall be given to the mental health needs of inmates which may require dedicated housing areas with additional space for mental health professionals, treatment, and counseling. "Secure housing" means housing for all maximum, medium, and minimum inmates not classified as community custody.

1. The basic distribution of custody levels is expected to be 30% maximum, 40% medium, and 30% minimum or may vary based on documentation provided in the needs assessment.

2. Female housing shall consist of at least two separate units of which at least 50% of the female design capacity is medium security or higher.

3. Up to 25% of minimum custody may be community custody. Community custody beds do not require construction of special purpose cells.

B. Maximum security housing units shall be designed as groupings of single cells with dayrooms to afford protection for persons requiring maximum supervision.

1. The number of inmates per housing unit shall depend upon the degree of surveillance and security provided, but for facilities designed for an occupancy of 240 or fewer inmates, the unit shall be designed not to exceed 24 inmates per housing unit. For facilities designed for an occupancy in excess of 240 inmates, the number of occupants for which the unit is designed may be increased but shall not exceed 48 inmates per unit. A minimum of two maximum security housing units shall be provided. For indirect supervision facilities, all units shall be provided with direct visual observation from a control room. For direct supervision facilities, the reviewing authority may require that units be provided with direct visual observation from a control room.

2. 20% to 25% of maximum security cells maybe dedicated as a classification unit. The classification unit shall be located in proximity to the intake unit. Consideration shall be given to male and female population. The classification unit shall include at least one private interview room, office space for classification personnel, medical room, and record storage .

C. Medium security housing units shall be designed as single, double, or four-inmate cells with common dayroom. The owner shall determine the number and type of cells per housing unit. The owner shall determine the number and type of cells per housing unit; however, no less than 30% of these cells shall be designed for single occupancy. These units shall be designed to accommodate no more than 64 inmates per housing unit for direct supervision or 48 inmates per housing unit for indirect supervision. At least two housing units shall be provided. For indirect supervision facilities, the reviewing authority may require that all units provide direct visual observation from a control room.

D. Minimum security housing units shall be designed as dormitories or multiple occupancy cells. Minimum security areas shall be designed to accommodate no more than 48 inmates per housing unit in dormitories or 64 inmates per unit with multiple occupancy cells. At least two housing units shall be provided.

E. Community custody facilities shall be constructed in accordance with Part VI (6VAC15-81-1130 et seq.) of this chapter. Consideration should be given to male and female populations.

F. Juvenile housing.

1. If the facility is to hold juveniles, housing units shall be physically, audibly, and visually separated from adultareas to prohibit adult and juvenilecommunication in accordance with the "Guidance Manual for Monitoring Facilities under the Juvenile Justice and Delinquency Prevention (OJJDP) Act of 2002," published by OJJDP in October 2010. Showers, personal hygiene, and dressing areas shall be designed to comply with PREA.

2. Juvenile housing units shall provide general purpose housing designed and constructed in accordance with maximum security requirements of this chapter.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-660 Cells and dayrooms

Maximum and medium security:

1. All single cells shall be sized in accordance with the latest edition of the American Correctional Association Standards for Adult Local Detention Facilities and have a ceiling height no less than eight feet. Single occupancy cells, with the exception of special purpose cells, shall be configured to open into a dayroom or activity space.

2. Multiple occupancy cells shall be designed for no more than four inmates per cell and shall be sized in accordance with the current American Correctional Association Standards for Adult Local Detention Facilities concerning multiple occupancy cells and have a ceiling height of no less than eight feet. Multiple occupancy cells shall be configured to open into a dayroom.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-670 Cell requirements

A. All cells shall be enclosed within secure walls,floor, and ceiling, as specified in this section, and shall include secure opening protectives. Each cell shall be provided with artificial light, toilet and lavatory fixtures with metering push button activators, hot and cold running water, a security type mirror mounted at standard height, a stationary bed or bunk and storage.

B. Maximum security cells shall have maximum security walls, maximum security doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 1 requirements.

C. Medium security cells shall have interior security walls surrounding each housing unit meeting a minimum of ASTM Grade 2 requirements; however, the walls separating individual cells may be interior partitions.

D. Minimum security cells shall have walls, doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 3 requirements.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-680 Dayroom requirements

A. Dayroom space shall contain no less than 35 square feet of space for each inmate for whom the unit is designed to serve. Calculation of this space shall not include sally ports, visitation booths, stairs, area under stairs, toilet, shower, and lavatory areas. On the first level an 18-inch wide path in front of all cell fronts, toilets, and showers, and the tiered walkway in front of upper level cells shall not be counted as dayroom space.

B. Each dayroom shall be equipped with a shower, toilet, lavatory with hot and cold running water activated by metering push button activators, and a drinking fountain or the lavatory equipped with sanitary bubbler. Fixtures shall be security type in accordance with the security level for which the unit is designed.

C. Stationary security type tables and dayroom seating shall be provided in maximum and medium security areas of the facilities designed for indirect supervision. Stationary security type tables and seating shall be provided for facilities designed for maximum security with direct supervision. Tables and seating for medium security direct supervision living areas may be loose but shall be designed for detention facilities and be fire retardant and vandal resistant. In accordance with the Code of Virginia only fixed equipment is reimbursable and loose equipment is not considered reimbursable except in minimum security housing.

D. Tables and seating shall be sufficient to accommodate the number of inmates for whom the area is designed.

E. Stairs in multilevel dayrooms shall have open risers.

F. If a housing unit is provided with an ADA accessible cell, the dayroom toilet shall be provided with an ADA accessible fixture.

G. Showers and toilets shall be located to provide visual supervision from a control station or control room and to provide privacy from the housing unit occupants and from visibility from circulation corridors. Showers, personal hygiene, and dressing areas shall be designed to comply with PREA.

H. If video visitation monitors are provided in the dayroom, they shall be positioned to maximize privacy for both the visiting inmate and visitor.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-690 Dormitory requirements

A. Dormitories shall have walls, doors, fixtures, equipment, and hardware meeting a minimum of ASTM Grade 3 requirements.

B. All dormitories shall be constructed to provide 85 square feet of space per inmate for each inmate for whom the area is designed. The 85 square feet associated with dormitory space is normally separated into 50 square feet for sleeping and 35 square feet for activity. Calculation of this space shall not include sally ports, stairs, area under stairs, toilet, shower, and lavatory areas.

C. All dormitories shall be provided with artificial light, toilet and lavatory fixtures, hot and cold running water, and a drinking fountain or lavatory equipped with sanitary bubbler, security type mirrors at standard height, tables, and chairs or benches in sufficient number to accommodate the dormitory's design capacity.

D. Tables and seating shall be sufficient to accommodate the number of inmates for whom the area is designed.

E. Showers and toilets shall be located to provide visual supervision from a control station or control room as well as privacy from the housing unit occupants and from visibility from circulation corridors.

F. Stairs in multilevel dormitories shall have open risers.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-700 Natural light

Natural light is required in general population housing units in new construction. Consideration shall be given to providing natural light in renovation projects that provide new inmate housing.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-710 Artificial light

A. Artificial light shall be provided in all cells, dayrooms, and dormitories to provide at least 20 foot-candles at personal grooming areas, tables, and desk tops, if desks are provided. Night lighting is required.

B. Light fixtures used within the secure perimeter shall be equivalent to the security level of the area in which they are designed.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-720 Climate control

Heat and air conditioning shall be provided in all rooms in the facility so that a temperature not less than 65 degrees F or more than 85 degrees F is maintained. Exceptions to this requirement include warehouses, industrial spaces, and mechanical and electrical spaces, which may be mechanically ventilated. Special consideration shall be afforded to additional cooling in kitchen, food storage areas, and rooms containing heat sensitive and electronic equipment.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-730 Equipment and fixtures

Equipment and fixtures used within the secure perimeter shall be equivalent to the security level of the area in which they are designed.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-740 Special purpose cells

A. There shall be a minimum of one special purpose cell (e.g., isolation, medical, or segregation) for each 10 secure inmates for whom the facility is designed.

B. The number of ADA accessible special purpose cells shall meet the percentage required by the building code.

C. All cells shall be provided with lighting from a maximum security fixture and be in accordance with artificial light requirements in 6VAC15-81-710.

D. Special purpose cells shall be sized in accordance with the American Correctional Association Standards for Local Detention Facilities for restrictive housing units with a ceiling height of at least eight feet and are not required to open onto an adjacent dayroom space.

E. A minimum of 80% of special purpose cells shall be constructed as maximum security cells. Up to 20% of special purpose cells may be of less secure construction if designed for medical usage.

F. Cells specifically designed for persons who are violent or self-destructive may be equipped with a flushing floor drain in lieu of a stainless steel combination plumbing fixture and a bunk sized slab or platform raised a minimum of six inches above finished floor.

G. Showers shall be provided within the special purpose housing unit. Consideration shall be given to providing cuff slots in doors for enclosed showers in special purpose housing units.

H. Special purpose cells shall not open directly into a main corridor or general population activity space.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-750 Multipurpose space

A. Multipurpose spaces shall be provided in sufficient number and size to allow for and include multipurpose rooms, educational classrooms, religious services, group counseling services, program services, and library (if inmates are to be moved to the service). For purposes of this chapter, jail industry programs, as defined in §§ 53.1-133.1 through 53.1-133.9 of the Code of Virginia, are not considered multipurpose space.

B. The total multipurpose area square footage shall be designed and constructed to provide a minimum of 20 square feet per inmate for design capacity of the facility up to 480 inmates. No additional multipurpose space is required for facilities with a design capacity of over 480 inmates.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-760 Recreation

A. Recreation space shall be provided at a rate of 10 square feet for each inmate for which the facility is designed up to 480 inmates. For facilities with a design capacity of over 480, no additional recreation space is required. A minimum of two recreation areas shall be provided in facilities with a design capacity of up to 240 inmates. For facilities with a design capacity greater than 240 inmates, a minimum of three recreation spaces shall be provided.

B. Indoor recreation is required, and consideration shall be given to outdoor recreation. At least one indoor recreation area shall have a minimum of 1000 square feet with an 18 foot ceiling height or overhead clearance. At least one outdoor recreation area, if provided, shall have a minimum of 1500 square feet with an 18 foot overhead clearance. Additional recreation areas, if indoors, may have lower clearance or ceiling heights if being utilized for activities such as a weight room or ping-pong. No recreation area shall have less than 600 square feet or measureless than 20 feet in any one direction.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-770 Library

Library space shall be provided for an inmate library or provisions made for alternative library services.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-780 Commissary

Space shall be provided for an inmate commissary and associated storage or provisionsshall be made for alternative commissary services.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-790 Facility visiting area

A. Accommodations for public visitors shall be designed to provide flexibility in the degree of physical security and supervision commensurate with security requirements of variously classified inmates. Paths of ingress or egress for inmates shall be designed to be separate from and not intersect ingress or egress paths of public visitors.

B. Consideration shall be given to providing lockers or areas for storage of handbags or other articles in the public lobby.

C. Noncontact visitation.

1. Noncontact visiting shall be provided at a rate of not less than one noncontact visiting space for each 20 inmates for whom the facility is designed, up to 240 inmates. Facilities designed for more than 240 inmates shall provide one additional noncontact visiting space for each additional 50 inmates.

2. In noncontact visiting areas, means shall be provided for audible communication between visitors and inmates. The communication system provided shall be designed to prevent passage of contraband.

3. If video visitation is utilized, a combination of on-site and off-site video visitation units for the public may comply with the requirements of subdivisions 1 and 2 of this subsection. In no event shall off-site video visitation be the only form of noncontact visitation.

4. At least 25% of public noncontact visitation shall be on site.

5. If inmate video visitation spaces are provided in the housing units, at least eight square feet shall be provided per video visitation space. This space shall not be counted towards calculation of dayroom or multipurpose room space.

D. Contact visitation.

1. Not less than two secure contact visiting rooms of at least 60 square feet each shall be provided for the first 100 inmates of design capacity for contact visits from law-enforcement officers, attorneys, clergy, and probation officers or parole officers. For facilities having a design capacity in excess of 100 inmates, one additional secure contact visiting room shall be provided for every additional 200 inmates of design capacity. These rooms shall be located to be either visually supervised or monitored by a control station or room.

2. Provisions shall be made to prevent transmission of intelligible communication to adjacent areas.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-800 Food service

A. If a kitchen is provided, it shall be equipped to meet the standards of the Department of Health and the following:

1. The kitchen and kitchen storage shall be sized in accordance with the design capacity of the facility and include consideration for future expansion.

2. The kitchen area, exclusive of dining and serving areas, shall be a minimum of 1500 square feet and for facilities in excess of 100 inmates of design capacity an additional three square feet per inmate shall be provided. The kitchen shall be located with consideration for ease of serving the inmate population and where supplies can readily be received without breaching security. Space for food storage rooms is in addition to the above minimum square footage.

3. Consideration shall be given to providing an inmate break area within the kitchen area. This shall not reduce the size of the kitchen or other spaces associated with the kitchen.

4. A janitor's closet and mop sink shall be located within the kitchen for exclusive use in the kitchen.

5. Storage space of adequate size and type to accommodate perishable, frozen, and bulk dry food storage shall be provided.

a. For facilities with a design capacity up to 1000 inmates, the storage space shall be sized not less than three square feet of floor space per inmate. For design capacity in excess of 1000, the sizing may be 2.7 square feet of floor space per inmate for the next 800 inmates. Further reductions may be approved for jails with a design capacity of greater than 1800 inmates. Storage space requirements are based on a seven-day supply need. Aggregate kitchen storage space shall be a minimum of 300 square feet of floor space.

b. The following breakdown of storage space is recommended: 40% dry, 36% refrigerated and 24% freezer.

c. Walls for food storage shall extend to the structure above.

6. All kitchen counters and table tops, legs, and bases; shelving; and fixed equipment shall be stainless steel.

7. The floors, walls, and ceilings in the food service areas shall be a smooth durable finish, shall withstand food spillage, and shall be easily cleanable.

8. Adequately sized separate lockable storage shall be provided for caustic, toxic, and flammable kitchen supplies. Secure storage or space for secure storage shall be provided for kitchen inventory of sharp implements and other potential weapons. Consideration shall be given for locating lockable storage in a separate locked room.

9. Provisions shall be made for kitchen waste removal from the kitchen area without crossing the food preparation area.

10. Hand washing sinks for inmate toilets shall be located outside the toilet room and in view of the staff.

11. Consideration shall be given to locating an emergency eye wash station in the kitchen.

12. Consideration shall be given to providing a smoke removal system for the kitchen.

B. In addition to kitchen and kitchen storage areas, a staff dining or break area shall be provided with a minimum of 15 square feet for each person the area is designed to serve. Floors, walls and ceilings shall be a smooth, durable finish and easily cleanable.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-810 Laundry

A. If a central laundry is provided, commercial or institutional grade equipment shall be provided.

B. Finishes shall be durable and easily cleanable. Electrical, plumbing, and ventilation shall be as described in Article 5 (6VAC15-81-980 et seq.) of this part.

C. The guidance for washer capacity is to provide 15 to 20 pounds of laundry per inmate per week. The minimum recommended ratio for dryer to washer load poundage shall be a minimum of 1.5 to 1.

D. There shall be sufficient storage for linen and laundry supplies. Separate lockable storage shall be provided for caustic, toxic, and flammable supplies.

E. Secure lockable storage shall be provided for chemical containers serving laundry machines.

F. All gas supply and exhaust venting on dryers shall be protected from exposure to and vandalism by inmates.

G. A janitor's closet and mop sink shall be located within the laundry for exclusive use in the laundry.

H. Consideration shall be given to providing a smoke removal system for the central laundry area.

I. Consideration shall be given to locating an emergency eye wash station in the central laundry area.

J. Consideration may be given to providing small load capacity laundry equipment in property storage, community custody, and minimum security housing areas in addition to the central laundry.

K. Provisions for future expansion shall be considered.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-820 Storage

In addition to storage required for particular areas, the following shall be provided to accommodate facility design capacity at a minimum:

1. Storage for inmate clothing, linens, towels, etc.

2. Storage for recreation and related equipment located in or near indoor and outdoor recreation areas.

3. Secure storage for medical supplies and biohazard waste.

4. Storage for extra inmate mattresses and bunks.

5. Secure storage for janitorial supplies in janitorial closets located conveniently to areas serviced.

6. Secure storage for inmate records.

7. Storage space in the administration area for equipment, records, and supplies for established and projected population needs.

8. Staff uniforms and equipment.

9. Secure storage for evidence and contraband.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 3 Additional Design Requirements

6VAC15-81-830 Elevators

A. Facilities with three or more stories shall be provided with at least two elevators.

B. Elevators within the secure perimeter shall be capable of being securely controlled and managed locally and from a control room. Consideration shall be given in all elevators to provide visual and audio communication with the control room.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-840 Corridors

Corridors used for the movement of inmates, stretchers, food and utility carts, etc. shall be constructed to provide a minimum width of five feet.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-850 Intercom, closed circuit television, video, and sound services

A. As a minimum, each housing unit shall be equipped with an electronic sound monitoring system that allows inmates to notify staff in the case of an emergency. This system shall be monitored by master control or other remote control room or control station.

B. Two-way intercoms shall be provided at all remotely controlled security doors other than cell doors.

C. The facility shall be designed to maximize direct visual sightlines. As a supplement to direct visual observation, CCTV shall be installed to observe, at a minimum, blind spots in corridors, sally ports, building entrances, and the building exterior.

D. If video teleconferencing or arraignment is to be utilized, adequate space shall be provided.

E. Consideration shall be given to the requirements of PREA when installing video monitoring, electronic surveillance, or other monitoring technology.

F. In areas where voice communications through the glazing is desired, such as a magistrate, visitation, and control rooms, a system utilizing vandal resistant individual speakers, microphones, intercom, telephone, speak-around frames, or an approved equivalent shall be specified.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-860 Telephone

Inmate telephone service shall be provided in all inmate housing units, including intake and special purpose housing, within the jail.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-870 Glazing in doors

Glazed view panels shall be provided in all doors for security and safety, with the following exceptions:

1. Doors to janitorial closets, plumbing chases, storage areas, employee dining, staff break room, pharmacy, toilets, maintenance rooms, property storage rooms, evidence rooms, armory, mechanical rooms, electrical rooms, telecommunication rooms, security electronics rooms, offices outside the secure perimeter, and similar rooms.

2. Doors required by the building code to have a three-hour fire-resistance rating are not required to have view panels.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-880 Mechanical, maintenance, security electronics

A. The main mechanical room shall be located outside the secure perimeter and shall be accessible from the outside.

B. If a separate maintenance shop is provided, it shall be located outside the secure perimeter and shall be accessible from the outside.

C. The main security electronics shall be contained in a room specifically designed for that purpose or shall be securely separated from other equipment. Security electronic rooms shall not provide access to other spaces or services. An independent cooling system shall be provided for this room.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-890 Access for replacement of mechanical equipment

Design shall provide access for replacement of larger pieces of mechanical equipment without having to relocate other equipment or cut holes through walls, floors, roofs, or ceilings.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-900 Plumbing

A. Walk-in type plumbing chases shall be provided with lights and electrical outlets to facilitate maintenance.

B. Sufficient floor water drains shall be provided throughout the jail to enable water to be easily removed from areas subject to water spillage or flooding (i.e., shower, group toilet areas, dayrooms, kitchens, etc.).

C. At a minimum, the capability of shutting off the domestic water supply shall be provided for each individual housing unit with one control per housing unit.

D. Plumbing fixtures in special purpose and intake cells shall have individual shutoff controls for domestic water supply.

E. Domestic water shutoff controls shall be in a remote location in proximity to each housing unit and shall be easily accessed by staff, but not inmate accessible.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-910 Housing unit stair and cell tier guard rails

Guard rails shall be a minimum height of 48 inches above the floor or stair treads in housing units and inmate stairs, including egress stairs and tiers.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 4 Construction Requirements

6VAC15-81-920 Building systems - general

A. The requirements set forth in this article establish the requirements for building materials, equipment, and systems to be designed and constructed in facilities within the Commonwealth of Virginia.

B. The building components and design criteria denoted in this article are intended to relate the facilities' security and custody level and expected use conditions, with the materials, equipment, and systems expected performance, particularly as related to strength, safety, and durability characteristics.

C. Matching the performance levels of the various components which make up a security enclosure or system is of equal importance. They shall be comparable and compatible.

D. All work shall be done in accordance with acceptable design and construction practices and material shall be installed in accordance with manufacturer recommendations or as otherwise noted.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-930 Structural systems - walls, floors, roofs, ceilings

A. Wall systems - general. Walls encompassing areas occupied by inmates shall provide a secure barrier for their entire height and length, both horizontally and vertically, to prevent unauthorized ingress or egress. Security walls shall provide continuity at adjacent security walls, horizontal security barriers or the secure perimeter. The joints and voids between secure walls and horizontal security barrier shall be protected with materials of security level equivalent to the remainder of the wall.

1. Security walls.

a. Security perimeter walls shall be of masonry, concrete, steel, or other approved noncombustible building material and shall comply with ASTM F2322 testing method Grade 1 to a minimum of 1,000 blow counts.

b. Interior security walls shall be of masonry, concrete, steel, or other approved noncombustible building material and shall comply with ASTM F2322 Grade 1. Security shall be maintained for the entire height of the wall and integrated with the next horizontal security barrier.

c. Security walls may be of the following materials and construction:

(1) Concrete masonry units with block cores filled solid with 3,000 psi grout in accordance with ASTM C476. All masonry mortar shall be a minimum of 2,500 psi compressive strength and comply with ASTM C270.

(a) Security perimeter walls shall have vertical #4 reinforcing rods in every masonry core spaced eight inches on center maximum. Every masonry core shall be grout filled.

(b) Interior security walls shall have vertical #4 reinforcing rods in every other masonry core spaced 16 inches on center maximum. Every masonry core shall be grout filled.

(2) Concrete walls may be cast in place or precast reinforced high-strength concrete panel. Walls shall be a minimum of 4,000 psi compressive strength (28-day break). Minimum thickness of solid core concrete shall be four inches. Refer to the Prestressed/Precast Concrete Institute to calculate the equivalent thickness of hollow core concrete panels. Hollow core plank shall not be used for security walls.

(3) Steel wall assemblies shall meet ASTM F2322 testing requirements Grade 1 or better and shall be coated with a zinc-iron-alloy (galvanneal) coating meeting ASTM A653, Commercial Steel (CS), coating designation A60 (Z180) designation or better. Walls shall be securely anchored to structural slabs in floor, adjacent security walls, and horizontal security barrier.

(4) Bar grille security walls shall be 2-1/4 inches by 3/8-inch steel flat bar frame with vertical 7/8-inch round double ribbed bars spaced five inches or less on center with 2-1/4 inches by 3/8-inch horizontal steel bars approximately 16 inches on center. Bar grille shall be securely anchored to adjacent security walls and horizontal security barriers.

(5) Woven rod security walls shall be fabricated from 3/8-inch diameter mild steel rods spaced not more than two inches on center in two directions, interwoven, and crimp-locked. Rods shall be anchored securely into a heavy gage (10-gage minimum) tubular steel frame or structural equivalent flat steel bar or channel. Frame shall be securely anchored to adjacent security walls and horizontal security barriers.

(6) Nonload bearing walls in inmate housing units less than 12 feet high shall have 12-gage steel continuous angles between overhead horizontal structural members on both sides. Voids located at the top of the wall shall be sealed with concrete masonry units grouted solid, solid concrete masonry units, or 3/16-inch metal plate. Walls in excess of 12 feet shall be stabilized but may use clip angles in lieu of continuous angles.

2. Wall penetrations.

a. Access doors or panels shall be the same security grade as the wall in which they are installed.

b. Access doors or panels to access building systems and equipment shall be a minimum of two-feet by two-feet.

c. Consideration shall be given to designing mechanical, electrical, fire protection, and security electronics systems to minimize access doors or panels in walls.

d. Ceiling access panels or doors within the secure perimeter shall be provided with panels and locks equivalent to the security level of the ceiling in which it is used.

e. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

f. Any opening behind a toilet fixture shall be protected in accordance with the requirements of the wall where it is installed.

3. Interior partitions within the secure perimeter.

a. Interior partitions shall be constructed of a minimum of six-inch concrete masonry units or equivalent.

b. Mortar utilized when the wall is of masonry unit construction shall be a minimum of 2000 psi compressive strength.

c. Openings in interior partitions.

(1) Doors and frames shall be a minimum of 1-3/4 inches thick commercial grade hollow metal with a minimum 16-gage door and 14-gage frame.

(2) Door hardware shall be a minimum of commercial grade.

(3) Windows shall have security glazing or tempered glass in accordance with 6VAC15-81-970.

B. Floor systems.

1. Floor systems within and including the secure perimeter shall be one of the following:

a. A poured-in-place concrete slab on grade with a minimum thickness of four inches and not less than continuous six-inch by six-inch by 10-gage embedded welded wire fabric reinforcing or equivalent.

b. Hollow core concrete plank system providing a minimum equivalent concrete thickness of:

(1) Three inches if cores are oval or round; or

(2) Four inches if cores are square or rectangular.

For purposes of calculating equivalent thickness for security, topping is not included.

c. Precast concrete tees providing a minimum equivalent concrete thickness of four inches at the flange. If topping is used, it shall be a normal weight concrete of a minimum of two inches thick and provide adequate cover for #4 rebar eight-inch on center in one direction or W4 welded wire mesh six-inch on center in both directions.

2. Floors in six-sided steel cells and six-sided precast concrete cells shall be tested in accordance with ASTM F2697 testing requirements Grade 1 to a minimum of 1,000 blows for horizontal assemblies.

C. Roof and ceiling systems.

1. Upper secure perimeter shall consist of a roof or ceiling as follows:

a. Roofs. The roof construction or uppermost secure perimeter shall be one of the following:

(1) A minimum of four inch standard weight concrete with a minimum strength of 3000 psi. Reinforcing shall consist of not less than continuous six-inch by six-inch by 10-gage embedded welded wire fabric reinforcing.

(2) Precast concrete plank or panels providing a minimum total concrete thickness of four inches.

(3) Hollow core concrete plank providing a minimum equivalent concrete thickness of:

(a) Three inches if cores are oval or round; or

(b) Four inches if cores are square or rectangular.

For purposes of calculating equivalent thickness for security, topping is not included.

(4) Three-inch standard weight concrete with a minimum strength of 3000 psi on 16 gage steel form (or decking) on concrete or steel support members.

(5) Three-inch standard weight concrete with a minimum strength of 3,000 psi with six-inch by six-inch by 10-gage wire fabric on a 22-gage steel form (or decking) on concrete or steel supporting members.

(6) Precast concrete tees providing a minimum equivalent concrete thickness of four inches. If topping is used, it shall be a normal weight concrete of a minimum of two inches thick and provide adequate cover for #4 rebar eight-inch on center in one direction or W4 welded wire mesh six-inch on center in both directions.

b. Ceilings. A ceiling used for the uppermost horizontal secure perimeter is acceptable if tested in accordance with ASTM F2697 testing requirements to a minimum of 1,000 blows.

2. Interior ceilings. Ceilings within the secure perimeter, but not serving as the secure perimeter, shall have or exceed the level of protection specified in the table in this subdivision.

| Ceiling Location (within the secure perimeter): | Minimum ceiling height per min. clear ht.² | Security steel systems as approved by reviewing authority | Security gypsum board^6,7 | CWFAM with hold-down clips³ | Gypsum board - single layer | Lay-in ACT with hold-down clips⁴ | Exposed structure not requiring a ceiling^1,2 | | --- | --- | --- | --- | --- | --- | --- | --- | | Corridor in housing unit | 10' | X | | | | | 15' | | Corridors in other than housing unit | 8' | | | X | | | 15' | | Personnel sally port | 8' | | X | | | | 10' | | Vehicular sally port | 15' | | | | | | 15' | | Inmate toilet | 9' | | X | | | | | | Staff toilet | 8' | | | | | X | | | Janitorial closet | 8' | | | | X | | 10' | | Mechanical/electrical/maintenance rooms | 9' | | | | | | 9' | | Security electronics room⁵ | 9' | | | | | | 9' | | Storage room | 8' | | | | X | | 15' | | Office areas | 8' | | | | | X | | | Tool rooms | 8' | | | | | | 8' | | Control room⁵ | 8' | | | | | X | | | Intake/booking/processing | 9' | | | X | | | 15' | | Cells | 7'6" | X | | | | | | | GP dayrooms-single level: | 10' | | | X | | | 15' | | GP dayrooms-two level: Perimeter ceiling areas above the tier walkway to a point 6'0" from the edge of tier railing | 8' | | X | | | | | | Center part of dayroom ceilings, starting at 6'0" minimum horizontally from edge of tier railing | 15'-AFF of dayroom | | | | | X | 15' | | Cells | 7'6" | X | | | | | | | Dormitories | 10' | | | X | | | 15' | | Inmate toilet areas⁹ | 9' | | X | | | | | | Inmate showers⁹ | 7'6" | | | | | | | | Kitchen⁹ | 9' | | | | X | | | | Staff dining room | 9' | | | | | X | | | Food storage | 10' | | | | X | | 12' | | Laundry | 10' | | X | | | | 12' | | Vocational shops | 9' | | | | X | | 12' | | Indoor recreation main recreation | 18' | | | | | | 18' | | Classrooms, library, multipurpose and other similar spaces | 10' | | | X | | | | | Visiting: | | | | | | | | | Contact visiting room | 9' | | X | | | | | | Inmate search | 9' | | X | | | | | | Noncontact visiting | 9' | | X | | | | | | Medical: | | | | | | | | | Waiting rooms | 9' | | X | | | | | | Exam rooms & treatment areas | 9' | | X | | | | | | Medical offices, records | 9' | | | | | X | | | Pharmacy⁵ | 9' | | | | | | | | Warehouse | | | | | | | 12' | | Canteen | 9' | | | | X | | 12' | | Property storage | | | | | | | 12' | | | | | | | | | | | Ceiling Location (outside the secure perimeter): | | | | | | | | | Armory⁵ | 9' | | | | | | | | | | | | | | | | | Community Custody | | | | | | | | | Corridor - community custody⁸ | 8' | | | | | X | 12' | | Community custody housing | 10' | | | | X | | 15' | | Community custody entry/processing⁸ | 9' | | | | | X | 12' | | Multipurpose spaces | 10' | | | | | X | 12' | | ¹Minimum clear height that does not require a ceiling. Clear height means distance from the floor to the ceiling or roof or lowest hanging or suspended utilities or fixture. ²Minimum clear height to lowest structure, ceiling panel, utility or fixture. ³Hold-down clips on cementitious wood fiber acoustical material (CWFAM) shall be equivalent to hurricane strength clips secured with screws. ⁴Hold-down clips on lay-in ceiling must not release under upward pressure without breaking or hold dislodging of panels without damage to the panels. ⁵Walls shall go up to floor or ceiling above or the area has a security cap. ⁶Security gypsum ceiling shall be constructed in accordance with the following: two layers of 5/8-inch gypsum wall board with 0.66 pounds per square foot, on 1/2-inch by 13-gage or 3/4-inch by nine-gage diamond mesh metal lath, per ASTM F1267, Type I or Type II securely fastened to the structure or structural supports. ⁷Cement plaster ceilings of not less than three-coat Portland cement plaster installed on approved heavy metal lath may be used in these locations. ⁸No hold-down clips are required. ⁹Moisture resistant material appropriate to wet locations shall be used. | | | | | | | |

3. Secure ceilings shall be provided in other areas where inmates are unsupervised.

4. Consideration shall be given to ensure that adequate space (a minimum of eight inches) is provided between the ceiling (including recessed lighting fixtures) and above ceiling building systems (e.g., duct, conduit, wiring, piping, tubing, structure, etc.) to allow for installation of the ceiling at the specified height.

5. Ceilings over showers and toilets shall be equivalent to security requirements of space in which it is located.

6. Security capping.

a. Any space surrounded by interior security walls that does not extend to a secure floor or roof structure above or uppermost horizontal secure perimeter shall be capped to comply with a material or assembly meeting the requirements of ASTM F2322 testing method to Grade 1 or with four inches of concrete or equivalent. This includes cells, control rooms, sally ports, and armories.

b. Open spaces above areas required to be security capped shall be protected to eliminate blind spots or access for hiding.

7. All penetrations of the uppermost secure perimeter shall be protected by maximum security opening protectives equivalent to types specified in 6VAC15-81-940, 6VAC15-81-950, and 6VAC15-81-960. Where operable, opening protective shall be equipped with maximum security locks in accordance with 6VAC15-81-950.

8. Access openings.

a. Consideration shall be given to designing mechanical, electrical, fire protection, and security electronics systems to minimize access doors or panels in ceilings.

b. Protection of openings shall be the same security grade as the ceiling in which it is installed.

c. All access openings to the space above security ceilings shall be protected by hinged metal access panels or doors equipped with keyed locks.

d. Access doors or panels to access building systems and equipment shall be a minimum of two-feet by two-feet.

e. Ceiling access panels or doors within the secure perimeter shall be independently and securely supported to prevent vertical displacement.

f. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-940 Doors and frames - security and nonsecurity

A. Security doors used where perimeter security and interior security walls are required shall be one of the following:

1. Hollow metal security doors shall meet the requirements of ASTM F1450 as follows:

a. Maximum security and perimeter security doors shall be ASTM Grade 1.

b. Doors in interior security walls and associated with medium security housing shall be ASTM Grade 2 or better.

c. Minimum security doors shall be ASTM Grade 3 or better, except doors shall be ASTM Grade 2 or better if in interior security walls.

2. Bar grille doors shall include double ribbed steel bars measuring 7/8-inch diameter at five inches on center with flat steel crossbars measuring 3/8-inch by 2-1/4 inches at 18 inches on center with punched holes for ribbed bars at five inches on center. Door frames shall be installed in accordance with Hollow Metal Manufacturers Association (HMMA) 863 and ASTM F1450.

3. Woven rod door.

a. Woven rod door frames shall be constructed of tubular shaped 12-gage steel channel or 3/16-inch right-angle bent steel plate, punched to receive woven rods.

b. The cap channel shall be 12-gage steel plate.

c. The woven rod door mesh shall be 3/8-inch in diameter steel rod woven at two inches on center each way and double crimped.

d. Welds shall be placed a minimum on every other rod where it cannot be accessed by the inmate.

e. The frame shall be mounted into a 10-gage formed steel channel, expansion anchored to the wall, and field welded to the mount channel.

f. Door frames shall be installed in accordance with HMMA 863 and ASTM F1450.

4. Access opening protection.

a. Access panels, doors, frames, locks, and hardware shall at a minimum be equivalent to the security level of the wall, roof, or floor where they are installed.

b. Steel plate doors may be used as an alternate. If used, access doors or panels shall meet the following requirements:

(1) Shall be a minimum of 3/16-inch thick plate steel.

(2) Shall have minimum of 3/16-inch bent steel plate or equivalent rolled steel shape door frame. Each jamb for security access openings shall be anchored with wall anchors not to exceed 18 inches on center with a minimum of two wall anchors per jamb.

(3) Frame and bracing shall be sufficient to prevent the door or panels from flexing or warping from abuse.

B. Nonsecurity doors shall be steel commercial grade minimum 1-3/4 inches thick hollow metal doors with 16-gage face sheets with rigid inner core. Frames shall be commercial grade 14-gage hollow metal or equal.

C. Solid core wood doors are an acceptable alternative as a nonsecurity door in walls designated as nonsecure.

D. Additional features.

1. Where doors and hardware are required by the building code to be fire-rated construction, such construction shall not reduce or compromise the security requirements or present a hindrance to emergency evacuation.

2. Security frames shall be completely filled with 3,000 psi fine grout meeting the requirements of ASTM C476.

3. Doors for any room utilized by inmates shall open out away from the inmate occupied side.

4. Doors in inmate occupied areas shall not have loop pulls on the inside of the door. Finger pulls are recommended in those locations.

5. Passproof thresholds shall be installed at doors to prevent passing of contraband between housing units.

6. Sliding doors, door mechanisms, and food passes shall be oriented and installed to minimize inmate interference with door operation.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-950 Locks and locking systems

A. Security level. Locks shall meet the requirements of ASTM F1577 for swinging doors and ASTM F1643 for sliding doors. Locks on perimeter security doors and maximum security doors shall be Security Grade 1. Locks in interior security walls shall be Security Grade 2 or better. Locks in interior security partitions shall be Security Grade 3 or better.

B. Locking devices. Where a high degree of security and positive door control is required in cells, dayrooms, and corridors, sliding door locking devices capable of being operated from a control room are recommended.

C. Magnetic and electromagnetic locks shall not be used as security locks.

D. Controls shall be provided to operate the locks and locking devices in the required modes.

1. The switches, relays, and other devices shall make up a control system compatible with the locks and locking devices and shall be capable of providing the switching necessary to satisfy all desired operational modes.

2. A master control console or panel shall be designed to display all switches to the operator. Normally installed in a secure room (i.e., officer control room) the console shall be equipped with a control for each door, a group control for each wing of the building (or cell block), and controls for the corridor and sally port doors that control access to those wings.

3. In housing control stations and control rooms, door controls shall release cell doors individually, as a group, and as emergency release.

4. Housing control stations and control rooms shall have a local and remote power cutoff and the ability to transfer operation to the master control room.

5. Control panels shall have position, lock, and roller bolt or locking bar indication for security gates and doors.

6. In the event of a power failure the locking system shall be fail secure.

7. Emergency release provisions shall be made for unlocking or group-release of cell doors in case of fire, power failure, or other emergencies.

a. Standby power from a generator is required.

b. Other forms of emergency release shall be reviewed and approved by the reviewing authority.

E. Master keying shall be provided for all security locks. Master keying shall utilize a minimum of two keys so that no one key can be used to get from any point in the facility through multiple doors to the outside of the facility. All secure perimeter doors shall be keyed separately from interior doors.

F. Locks on inmate toilet room doors, with the exception of within housing units, shall be lockable from the outside but not lockable from the inside.

G. Within housing units, locking shall be as follows:

1. Inmate showers and toilet rooms with full height doors shall be staff lockable from the outside but shall not be capable of being locked or latched from the inside.

2. Inmate showers and toilet rooms with partial height doors may be latched from the inside.

H. Staff toilets shall be key locked from the outside and thumb turn operable or not lockable from the inside.

I. Plumbing chases shall not be lockable from the inside.

J. Sally ports interlocking requirements.

1. Sally port doors shall be interlocked in a manner that only one sally port door or gate shall be openable at a time under normal operation. All sally port doors or gates shall be installed so they are confirmed to be locked by mechanical or electronic means prior to the opening of any other door or gate. Sally port locking and unlocking shall be remotely controlled from a secure control room.

2. Vehicular sally port gates or doors shall be capable of being operated and locked from a remote location with provisions for manual operation and locking when power is off or in the event of emergency action.

3. Vehicular sally port doors shall be a minimum of 12 feet high.

4. Rollup and bifold doors in vehicular sally ports, warehouse, and loading docks are not considered security doors.

5. Cell door release shall be separate from housing unit entry door release locking.

6. Doors between adjacent housing units shall not be interlocked with sally ports.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-960 Window frames

A. Performance requirements and criteria for the selection and intended use of windows shall include the following considerations: security, natural lighting, ventilation, and weather protection.

B. Security requirements.

1. Security frames shall have 1-1/4-inch glazing stops with a one-inch bite and be secured with security screws on the non-inmate side.

2. Security frames shall be completely filled with 3,000 psi fine grout meeting the requirements of ASTM C476.

3. Windows shall have security glazing in accordance with 6VAC15-81-970.

4. Where necessary because of field conditions in renovations or replacements, field fabricated security windows shall have a minimum 14-gage window frame and be approved by the reviewing authority.

C. Secure perimeter. Windows frames that are to be installed in the building perimeter security (exterior and interior walls and clearstory/skylight assemblies) shall meet the requirements of ASTM F1592 Grade 1 or better.

D. Interior security.

1. Maximum security window frames shall be Security Grade 1 or better.

2. Window frames in other interior security walls shall be Security Grade 2 or better.

E . Non-security windows may be provided in an exterior security wall to provide a noninstitutional appearance. When such windows are used, however, the window opening shall be protected on the interior side of the opening by a steel bar grille or woven rod with security frame comparable to the security assemblies described in this section.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-970 Security glazing

A. When selecting glazing, consideration shall be given to ballistic attack, whether penetration of glazing would compromise security or allow passage of contraband, degree of staff supervision or surveillance, and anticipated amount of vandalism.

1. Glazing security grade level shall be in accordance with ASTM F1915.

2. Bullet resistant glazing shall meet ballistics requirements of ASTM F1233 for weapons capable of concealment and UL 752 Level III, super power small arms. This glazing shall be low spalling or no spalling.

B. The level of glazing resistance to penetration or ballistic attack shall be consistent with the security level of walls and other building components in which it is located.

1. Where openings exceed five inches in one direction and are not protected by bar grille or woven rod:

a. Glazing in maximum security walls and doors shall be Security Grade 1 or better.

b. Glazing in interior security walls and doors shall be Security Grade 2 or better.

c. Glazing in interior partitions inside the secure perimeter shall be Security Grade 4 or better.

2. Glazing in control rooms shall be:

a. Security Grade 1 in master control room.

b. Security Grade 1 and bullet resistant where glazing separates a control room from a public area.

c. Security Grade 2 or better for other control rooms.

3. Glazing associated with visitation or magistrate areas that form a part of the secure perimeter shall be one of the following:

a. Security Grade 1 glazing with bar grille or woven rod.

b. Security Grade 1 glazing and bullet resistant.

c. Glazing in visitation between the public and inmate may be Security Grade 1 glazing supplemented by an additional secure perimeter wall with sally port enclosing the public side of the visitation area.

4. Security glazing panels shall be no larger than 36 inches by 48 inches unless located a minimum of seven feet above floor level.

5. Glazing security grade may be reduced one level if lowest portion of glazing is 12 feet above adjacent floor level.

6. Tempered or insulated glass or both may be used in openings five inches or less in one direction unless bullet resistant or contraband resistance is required, in which case glazing rated for such shall be used.

7. Glass security glazing or glass clad security glazing shall not be used unless required for fire rating or unless approved by the reviewing authority on a case by case basis for specific locations.

8. Plate glass, float glass, and other conventional glass other than wire or tempered glass shall not be used in any openings located within the secure perimeter or in any interior security walls, interior partitions, doors, or other openings within the area enclosed by the secure perimeter. Wire glass may only be used where required for fire rating purposes.

9. Tempered glass, if used, shall meet the requirements of (American National Standards Institute) ANSI Z97.1 Class A safety test or Consumer Products Safety Commission Category II safety test.

10. Where bar grille or woven rod is required to be used for windows, it shall be similar in design and constructed in accordance with bar grille or woven rod indicated in 6VAC15-81-930.

11. Where the frame or frame and mullions provide the security for the window opening, the maximum clear dimension of the opening shall be no more than five inches in one direction.

12. All openings, such as windows, louvers, clearstories, and skylights, penetrating the secure perimeter walls, floors, or roof shall be protected by bar grille or woven rod partitions constructed as required by subdivisions A 1 c (4) and A 1 c (5) of 6VAC15-81-930 when they are larger than:

a. Eight inches by eight inches; or

b. Five inches in one direction if the other dimension is larger than eight inches.

Exception: Glazed areas protected and located in accordance with subdivision 3 of this subsection.

13. To avoid tampering, removable glazing stops shall be applied, wherever possible, on the side opposite the inmate occupied area. Where stops are placed in an inmate area, they shall be secured with an ample number of strong, properly installed, tamper resistant fasteners of design required by 6VAC15-81-930 or approved by the reviewing authority. Junctions of horizontal and vertical glazing stops on the inmate side shall be welded to prevent removal of portions of stop members.

14. Exterior windows in security areas in new construction shall be fixed. Exception: In renovations where windows are operable, exterior windows in security areas that are capable of being opened shall have additional protection of heavy duty stainless steel, security wire contraband, and insect screen.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 5 Mechanical, Plumbing, Electrical, Smoke Control, and Fire Protection

6VAC15-81-980 Mechanical, plumbing, electrical, smoke control, and fire protection installation

Unless indicated otherwise by this chapter, all components of mechanical, plumbing, electrical, smoke control, and fire protection systems, including air handlers, fans, duct work, terminal boxes, dampers, heating and cooling equipment, water heaters, pumps, piping, valves, sensors, control wiring, thermostats, tubing, conduit, wiring, motors, lighting fixtures, and associated equipment within the secure perimeter shall be mounted as follows:

1. As high as possible for the intended function and securely fastened to the structure or walls.

2. If located less than 12 feet above the finished floor or within six feet horizontally of guard rails enclosing tier floor and landing levels in dayrooms, the components shall be specifically designed for the security level of the space where it is installed, protected by a secure enclosure, or protected by secure encapsulation. Exceptions include spaces dedicated for staff use. "Secure enclosure" means secure walls, secure floors, and secure roof or secure ceiling surrounding a space or area.

3. Piping, wiring, conduit, control wiring, and tubing shall not be exposed in cells.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-990 Mechanical

A. Within the secure perimeter of the facility, flexible duct work shall not be installed within six feet of any opening (e.g., register, grille, diffuser, etc.) that can be accessed by inmates.

B. Air inlets and outlets.

1. Maximum security grills shall be provided in the following areas:

a. All cells.

b. Maximum security housing units.

2. Maximum security grills shall have a 3/16-inch steel face plate interconnected to a 3/16-inch thick steel sleeve. Openings in the face shall be no larger than 3/16-inch each. Alternatively, a security grille specifically designed for suicide resistance may be allowed as approved by the reviewing authority.

3. In inmate accessible areas, other than maximum security, security grilles, security diffusers and security face plates shall be 12-gage or protected by 12-gage steel full face protection.

4. Commercial grade grilles, diffusers and face plates may be provided in:

a. Areas where lay-in ceiling tiles or single layer gypsum board ceilings are allowed.

b. Areas located greater than 12 feet above the floor.

c. Areas greater than six feet measured horizontally from any tier.

d. Staff areas within the security perimeter.

5. Grilles, diffusers, and face plates shall be constructed of stainless steel in inmate shower areas and stainless steel or aluminum in kitchen areas. Thickness of stainless steel grilles and diffusers for shower areas shall be as required for the security level indicated in this section.

6. Consideration shall be given to upsizing grille and diffuser sizes, but not openings in face, to compensate for pressure drop due to anticipated paint buildup.

7. Consideration shall be given to locating inlets and outlets to provide proper distribution of air and prevent short circuiting.

C. Opening protectives. Duct and other penetrations of security walls, security floors, security ceilings or security roof shall be protected by bar grille or woven rod meeting the dimensional requirements for walls in this chapter when they are larger than:

1. Eight inches by eight inches.

2. Five inches in one direction if the other dimension is larger than eight inches.

3. Exceptions:

a. Duct bars are not required in wall penetrations in the interior security walls located within an individual housing unit, or the inner wall of their integral sally port. Duct bars are required in penetrations of control rooms.

b. Duct bars are not required if maximum security grilles are provided in interior security walls or interior security ceilings in accordance with subsection B of this section.

D. Within the secure perimeter, portions of the mechanical system requiring maintenance or inspection shall be located so it cannot be accessed by inmates.

E. Supply, return, or exhaust through chases shall be ducted.

F. Armories shall have a dedicated exhaust to the outside of the building.

G. Control rooms shall have dedicated HVAC systems.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1000 Plumbing

A. Showers.

1. Showers shall include a soap dish and drain. Shower heads shall be positioned to confine water flow to shower stall.

2. Hot and cold or tempered running water shall be available in all showers. Hot and cold running water shall be available in all lavatories. Hot water, which is accessible by inmates, shall be controlled by a temperature limiting device to preclude temperatures in excess of 105 degrees F.

3. Toilet area wall, floor, and ceiling surface finishes shall be durable, washable, and resistant to water, mold, and mildew.

4. Shower ceiling, wall, and floor surface finishes shall be durable, washable, and resistant to water, mold, and mildew. Shower and shower area floor surface finishes shall be slip resistant. The reviewing authority may require that inmate showers be constructed from stainless steel.

5. All showers for inmate use shall be operated by metering push button control.

B. Plumbing fixtures.

1. Plumbing fixtures in maximum security housing units shall be stainless steel.

2. In indirect supervision medium security housing units, toilets and lavatories shall be stainless steel.

3. In minimum security housing units and direct supervision medium security housing areas, toilets shall be a minimum of commercial grade tankless toilets and commercial grade lavatories.

4. Soap holders in showers and toilet paper holders shall be the recessed type.

5. Showers providing ADA accessibility designed with fixed low shower head shall have a second head at standard height.

6. Where an ADA accessible mirror is provided, a regular height mirror shall also be provided. Height to bottom of regular height mirror is recommended at 53 to 57 inches.

7. Consideration shall be given to maintenance and sanitation (ponding water and soap) and suicide resistance when selecting grab bars in ADA accessible showers.

8. All toilets for inmate use shall be operated by push button activators. Lavatories for inmate use shall be operated by metering push button activators.

9. Inmate plumbing fixtures in sally ports shall be maximum security.

10. Gooseneck faucets shall not be allowed on lavatories in inmate accessible areas.

C. All floors and tiers in housing units shall be provided with adequate drainage to handle standing water associated with shower areas, toilet or sprinkler overflows, and cleaning.

D. Kitchens and laundries shall be provided with adequate drainage.

E. Janitorial closets with mop sinks and storage shall be provided in every inmate housing unit. Janitorial closets shall be provided in proximity to intake and to serve corridors.

F. Toilet facilities for the use of security and administrative staff and inmates shall be located throughout the building. Staff toilet facilities shall be provided in master control stations. Staff toilet facilities shall be provided in, or convenient to, other control stations or control rooms.

G. PVC or other plastic piping, one-half inch or greater, shall not be used above the ground floor slab within the secure perimeter of the jail. For transitions, PVC piping may extend not more than six inches above the floor.

H. Plumbing fixtures and lines shall not be located above security electronic rooms.

I. Isolation valves and balancing valves are recommended to facilitate maintenance. Butterfly valves are not recommended.

J. As a minimum, a water supply shutoff controllable from outside each housing unit shall be provided from a location readily accessible by staff but not by inmates. Remotely controlled water supply shutoff valves should be considered for individual inmate cells, especially at special housing.

K. Gravity sanitary drainage mains and fittings serving two or more fixtures in housing units shall have a minimum inside dimension of six inches.

L. For inmate toilets with a gravity sewer, a cleanout with interceptor pin at each tee in chases is recommended.

M. All sanitary and stormwater piping penetrating a secure perimeter wall, security floor, secure recreation yard, or vehicular sally ports shall not exceed eight inches in diameter. If flow calculations require a pipe diameter greater than eight inches, a series of eight-inch or smaller pipes equivalent to or greater than the flow area calculated shall be used. It is expected that multiple pipes be installed as a duct bank.

N. All showers shall be provided with mechanical exhaust directly from the shower compartment. Single showers shall be exhausted individually. In the case of multiple showers without full height partitions between the showers, the exhaust may be from a central location from the shower area.

O. All fixtures shall be low flow, water saving type.

P. Inmate lavatories, drinking fountains, toilets, and urinals inside the secure perimeter shall not have exposed piping and components.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1010 Electrical

A. All wiring, conductors, and control tubing shall be concealed to the greatest extent possible.

1. Where wiring is exposed and accessible by inmates, it shall be housed in intermediate metal conduit (IMC) or rigid metal conduit (RMC) with threaded fittings.

2. Rigid nonmetallic conduit (PVC or CPVC) shall not be used above ground floor slab within the secure perimeter except when encapsulated in concrete or grouted concrete masonry units. For transitions, rigid nonmetallic conduit may extend not more than six inches above floor.

3. Flexible metallic conduit not exceeding six feet in length shall be allowed above ceilings.

4. Flexible conduit, if required for a moving part of a device (e.g., pan-tilt-zoom camera), shall not exceed 12 inches exposed and shall be liquid tight or equivalent.

5. Electrical metallic tubing (EMT) and other types of conduits are not permitted within the secure perimeter.

B. The intensity of artificial lighting shall be in accordance with the requirements of 6VAC15-40, Minimum Standards for Jails and Lockups.

C. Standby power.

1. A standby power source shall be provided sufficient to sustain, as a minimum, life safety operations, security systems, refrigerators, and freezers.

a. "Life safety operations" means the function of certain electrical, mechanical, and other building equipment provided for the purpose of ensuring the life, health, and safety of building occupants in an emergency situation.

b. Fuel capacity shall be provided for a minimum of 72 hours of operation without refueling.

c. Consideration shall be given to emergency power for nonemergency lighting.

2. Consideration shall be given to protection of generators, standby power source, and fuel sources from unauthorized access or damage by location, fencing, or enclosure.

D. Light fixtures.

1. The security level of fixtures shall be consistent with the security level of the area where located.

2. Security light fixtures shall be surface mounted to any ceiling that is the secure perimeter. Exception: Security fixtures that are designed for, integral to, and maintain the security level of the ceiling, which is not the secure perimeter, may be recessed.

3. Fixtures installed in nonsecure lay-in ceilings may be standard fixtures with vandal resistant lenses.

4. Suspended ceiling mounted lighting fixtures in maximum and medium security housing units shall be supported from the structure above with threaded rods, independent of any ceiling grid or framework.

E. Placement of receptacles and lighting switches in individual cells is discouraged. Consideration should be given for access to power for medical devices.

F. Surge protection shall be provided on power supplies for electrically powered systems and service to include those that leave the building.

G. Lightning protection with a UL Master Certification is required for the facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1020 Smoke control

A. A smoke control system shall be provided for dormitory and celled areas such as intake, medical, special purpose, and general population housing.

B. The pressurization method, with a minimum of 24 air changes per hour of exhaust and 20 air changes per hour of makeup air, is preferred, but the exhaust method may be used.

C. Exit corridors shall be positively pressurized to minimize smoke migration into the area and keep the path of egress clear of smoke.

D. A smoke test shall be performed prior to acceptance of the building. The local fire department, local building official, facility safety officer, or their designees shall be invited to witness the smoke tests, and the tests shall be witnessed by the reviewing authority. The areas to be tested shall be at least one each of a typical dormitory and one of each typical celled area, such as intake, medical, segregation and each configuration of general housing, as determined by the reviewing authority.

E. Smoke machines to perform the tests shall be furnished by the owner or the owner's contractor. Smoke machines provided shall be of sufficient size and capacity to perform the tests in a short period of time.

F. Understanding that there are many variables involved, the desired results of the tests are as follows: from start of smoke machine to system alarm shall be two minutes or less; from system alarm to system activation shall be 30 seconds or less; from system activation to distinguish an egress path from the center of the room to an exit shall be two minutes or less; and from system activation to the space being sufficiently clear to reset the system shall be 30 minutes or less.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1030 Fire protection

A. Sprinkler heads in inmate accessible areas shall be detention type heads.

B. Exposed fire alarms, smoke detectors, heat detectors, and audible and visual signaling devices shall be mounted as high as practicable, and if below 12 feet, they shall be covered with heavy-gage tamper-resistant protective cages securely fastened to the surface. All exposed devices including sprinkler heads in gymnasiums or indoor recreation areas shall be covered with protective cages.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 6 Miscellaneous Construction Features

6VAC15-81-1040 Jail equipment

A. All jail security equipment, fixtures, hardware, etc. shall be of a design to meet the security level consistent with the intended use of the space.

B. Bunks installed in maximum and medium security cells shall be bolted through the wall, welded to imbeds, or bolted or welded to inserts cast into the wall or floor.

C. Fixed tables and seats shall be through-bolted through the wall, welded to imbeds, or bolted or welded to inserts cast into the wall or floor.

D. Door closers within the secure perimeter shall be the concealed arm type.

E. All equipment and systems shall be installed in accordance with manufacturer instructions unless otherwise required by this chapter or approved by the reviewing authority to be installed differently.

F. Exposed surfaces of all metal tables, bunks, seats, cabinets, grab rails, stringers, hand and guard rails, food passes, windows, doors, frames, shelves, and similar items shall have smooth edges to reduce risk of cutting or other injury.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1050 Interstitial spaces

Interstitial spaces above cells, freezers, refrigerators, dryers, showers, stand-alone offices, and similar shall be enclosed to facilitate detection of tampering and prevent unauthorized access and to eliminate blind spots.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1060 Security fasteners

A. Fasteners within the secure perimeter shall be pinned Torx or flush break-off head style fasteners installed with thread locking fluid. Spanner type screws are prohibited.

B. Security fasteners are required in locations as follows:

1. Direct supervision control panels.

2. Inmate accessible elevator cabs and control panels.

3. Security lock mounting plates.

4. Glazing stops for security windows.

5. Security light fixtures.

6. Hinges for security doors.

7. Field fabricated equipment.

8. Installed furnishings and equipment including annunciator panels, fire extinguisher cabinets, thresholds, kickplates, grab bars, mirrors, floor drains, air diffusers, light switch plates, outlet covers, intercoms, thermostats, and cameras in inmate accessible areas.

C. Fixed tables and bunks shall be secured with fasteners as specified in this section or with peened or tack-welded anchor bolts and nuts to prevent removal.

D. Security fasteners are not required for the following:

1. Mechanical, electrical, generator, elevator equipment, or communication equipment in locked rooms with security doors not accessible to inmates or inside enclosed control rooms.

2. Above security ceilings, behind secure locked access doors or panels, and within secure pipe and duct chases.

3. Movable furnishings, storage shelving, or cabinet hardware.

4. Laundry and kitchen equipment.

5. Equipment mounted higher than 15 feet above finished floor or within six feet of the tier.

6. Outside the secure perimeter.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1070 Food, paper, and medicine passes

A. A pass for food and medicine shall be installed in all maximum security cell doors. For purposes of this requirement, holding, intake, maximum security housing, classification, and special purpose cells are considered maximum security.

B. A pass for food shall be installed in a wall or inner sally port door of each housing unit. The food pass shall be lockable and operable from the sally port interior and shall not interfere with the operation of the door.

C. Locking passes shall be installed with the lock and fold down shelf on the side of the door or wall away from the inmates.

D. The size of a food or medicine pass shall be no more than five inches high and at least 15 inches wide or designed to facilitate passage of trays to be used. Food passes shall be installed at a maximum height of 36 inches to the top of the opening.

E. A minimum of a paper pass shall be installed from each control room to the adjoining corridor.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1080 Communication

A. A secure means of communication and a paper pass shall be provided between control room and each dayroom and between magistrate's office and intake.

B. A secure means of communication and a paper pass shall be provided between law-enforcement lobby and intake.

C. In areas where voice communications through the glazing is required or desired, such as magistrate, visitation, and control rooms, a system utilizing vandal resistant individual speakers, microphones, intercom, telephone, speak-around frames or approved equivalent shall be specified.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1090 Interior finishes

A. In secure areas, all interior exposed walls, partitions, and ceilings shall have a low maintenance, nonabsorbent durable finish.

B. All floor surfaces shall be of a durable, low maintenance, nonabsorbent material.

C. If concrete floor surfaces are used, they shall be finished with a sealer or coating.

D. Base molding is not recommended in inmate accessible areas within the secure perimeter.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1100 Acoustics

A. Acoustical treatment shall be provided at a minimum in housing units, activity areas, and intake.

B. Acoustical treatment shall be damage resistant.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1110 Security sealants

A. General.

1. Security sealants shall be either elastomeric (tamper resistant: hardness 50 or greater) or low-mod gel (pick-resistant: hardness 70 or greater) type.

a. Tamper resistant sealants shall be provided within all inmate occupied areas subject to continuous supervision.

b. Pick resistant sealants shall be provided within all inmate occupied areas not subject to continuous supervision, such as cells.

2. Where open joints exceed security sealant capabilities to provide a full seal, a metal cover shall be provided with security sealant at its full perimeter.

3. Tamper resistant sealant with range of movements suitable for the application shall be used. Pick resistant sealant shall not be used in movable building joints.

4. Joints above ceilings, those covered by expansion joint covers or otherwise concealed are excluded from requirements for security sealants.

5. Security sealants shall be installed with a primer and in accordance with manufacturer written recommendations.

B. Inmate occupied areas.

1. Tamper resistant sealant shall be provided as transition between surface applied floor finish and transition to wall face in lieu of an applied wall base.

2. Within all cells, pick resistant sealants shall be provided for gaps and open joints at the perimeter of all permanent materials, furnishings, fixtures, and devices.

3. Tamper resistant sealant shall be provided for gaps and open joints in other than inmate cells at the perimeter of all fixtures and devices that are removable if not designed to be continuously supervised.

4. Locations for application of tamper resistant sealant include the following:

a. Dayrooms.

b. Visitation (inmate side).

c. Classrooms.

d. Indoor recreation and multipurpose rooms.

e. Inmate toilets, lavatories, and shower areas.

5. Security sealant is not required higher than 12 feet above the finished floor or beyond six feet horizontally of guard rails enclosing tier floor and landing levels in dayrooms.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1120 Fencing

A. Two levels of security fencing are as follows:

1. Inmate containment fencing designed for outdoor recreation areas outside the secure perimeter shall consist of:

a. Two fences at least 12 feet in height and at least 10 feet apart.

b. Fence fabric shall be at least nine-gage, 2-1/2-inch mesh maximum opening, galvanized steel interwoven wire.

c. Razor wire shall be provided and installed per manufacturer recommendations on the top of both fences in the vee arms or on the outrigger arm on the inmate side at the top.

d. A third row of razor wire shall be located between the fences on the inmate side, adjacent to the outside fence.

e. All razor wire shall be a minimum of 24/30 inch double helix coil constructed of 100% stainless steel.

2. Fencing designed for short-term supervised emergency containment shall be:

a. At least 12 feet high.

b. At least nine-gage and 2-1/2-inch maximum opening mesh.

c. Galvanized steel wire interwoven fence fabric.

d. Topped with a minimum of three rows of barbed wire securely fastened to support arms at the top of line and corner posts angled to the inmate side.

B. Fence components including the top and bottom rails, line posts, terminal posts, tension bars, attachments, concrete footings for the fence, walk gates and truck gates, shall be in accordance with manufacturer recommendations.

C. Both top and bottom selvage of the fence fabric shall be twisted and barbed.

D. All exterior fencing shall be effectively grounded.

E. After installation, all threaded fittings, connectors, and bolts shall be tack welded or peened to prevent nuts and pins from being removed. All exposed threads and connector twisted wire tie ends shall face away from the inmate side of the fence, except for double fences where the exposed threads and connector twisted wire tie ends shall face between the fences.

F. All twisted wire tie down wires shall be minimum nine-gage galvanized steel and twisted a minimum of two turns at each end.

G. Hog ring type connectors are not allowed in fencing construction.

H. Fences are not required to have barbed wire if protected by razor wire.

I. Openings between the fence post and building shall not exceed two inches.

J. Bracing shall be shielded or installed on the side of fenced away from inmates, except for double fences where the connectors and bolts shall be between fences.

K. Lock assemblies for gates in fence shall be protected from unauthorized access and tampering.

L. Tension wires are not permitted in lieu of bottom rails.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 1 General

6VAC15-81-1130 Community custody facilities design and construction - general

A. For localities or regional facilities that demonstrate a need based on the needs assessment, a community custody facility meeting the requirements in this section may be constructed with a number of beds in accordance with 6VAC15-81-220 A.

B. These structures are designed to house community custody inmates as defined in this chapter.

C. When designing the facility, specific consideration shall be given to appropriate traffic patterns; groups of functions; facilitating ease of movement to, from, and within functions; clear sightlines to eliminate blindspots; efficiency and economy of staffing; PREA; and facilitating a smooth, logical sequence of operation.

D. Material and installation shall be in accordance with manufacturer recommendations or as otherwise noted in this chapter.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 2 Housing Design

6VAC15-81-1140 Separate building

Community custody housing shall be constructed as a building separate from the secure portion of the jail or separated from the secure portion of the facility by the secure perimeter.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1150 Traffic pattern separation

If secure and community custody housing are provided in the same building, the design of the facility shall provide exterior and interior traffic patterns to assure separation of secure and community custody populations.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1160 Type of construction

Perimeter walls shall be of masonry, concrete, stone, metal, or other similar durable nonfabric, noncombustible material. The reviewing authority may require that perimeter walls, floor, and roof or ceiling meet secure perimeter requirements.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1170 Occupancy

Community custody housing shall be designed to consist of multiple occupancy cells or dormitories. If dormitories are utilized and design capacity of community custody exceeds 24, at least two housing units are required.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1180 Separation of males and females

A community custody facility that contains housing units for both males and females shall have the housing units designed and constructed to prohibit normal communication by sight and sound between the two.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1190 Housing unit size

A. Housing units shall be dormitories or multiple occupancy cells.

1. Multiple occupancy cells shall be designed for no more than four inmates per cell and shall be sized in accordance with the current American Correctional Association Standards for Adult Local Detention Facilities. Multiple occupancy cells shall be configured to open into a dayroom.

2. Dayroom space shall contain no less than 35 square feet of space for each inmate for which the unit is designed to serve. Calculation of this space shall not include sally ports, visitation booths, stairs, area under stairs, toilet, shower, and lavatory areas. On the first level an, 18-inch wide path in front of all cell fronts, toilets, and showers shall not be counted as dayroom space.

3. Dormitories shall be constructed to provide 85 square feet of space per inmate for each inmate for which the area is designed. The 85 square feet associated with dormitory space is normally separated into 50 square feet for sleeping and 35 square feet for activity. Calculation of this space shall not include sally ports, stairs, area under stairs, or toilet, shower, and lavatory areas.

B. Ceiling heights in these cells areas shall meet the requirements of the table in 6VAC15-81-930 C 2.

C. Housing units shall be designed to accommodate no more than 48 inmates per dormitory or 64 inmates per housing unit with multiple occupancy cells.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1200 Building access

The facility shall be designed for the capability to monitor ingress and egress to the facility. Space shall be provided outside of the housing unit for search, work clothes lockers, showers, and toilet facilities. If attached to a secure facility, the primary entrance and exit to the facility shall be separate from that of the secure portion of the facility. Any connection between the secure portion and the community custody portion shall be sally ported.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1210 Fixtures and furnishings

A. Each housing unit shall be provided with natural light, toilet fixtures, hot and cold running water, drinking fountain or lavatory with a sanitary bubbler, mirrors, bed or bunk, tables and seating, and storage space for personal items to accommodate the number of inmates for whom it is designed.

B. Showers, lavatories, and toilets shall be located within the dayroom or dormitory.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1220 Services

Space or provisions shall be made for food service, laundry, commissary, and other support services.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 3 Additional Design Features

6VAC15-81-1230 Elevators

Elevators, if provided, shall be of sufficient size to transport food carts and at least one elevator per facility shall be of sufficient size to transport wheeled stretchers or gurneys.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1240 Corridors

Corridors used for the movement of inmates, stretchers, food carts, etc. shall be constructed to provide a minimum of five feet in width and height meeting the requirements of the table in 6VAC15-81-930 C 2.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1250 Door swing

Door swings for any space utilized by inmates shall open away from the inmate occupied side.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1260 Voice and visual communication

A. The facility shall be equipped with a system capable of communicating with the master control of its associated facility.

B. To enhance operations and security, intercom and CCTV systems shall be considered.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1270 Telephone

Provisions shall be made for inmate telephone and video communication services available at appropriate locations within the facility.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1280 Multipurpose space

A minimum of 15 square feet per inmate expected to use the space at any one time, but not less than 360 square feet of space shall be provided for indoor recreation or multipurpose use.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1290 Drains, storage, and janitorial closets

A. Floor water drains shall be centrally located in all housing units and adjacent to shower, toilet, and lavatory areas.

B. Storage and janitorial closets with mop sinks shall be provided in or in proximity to housing units.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1300 Standby power and emergency release provisions

A. A standby power source shall be provided sufficient to sustain, as a minimum, life safety operations, security systems, refrigerators, and freezers.

1. "Life safety operations" means the function of certain electrical, mechanical, and other building equipment provided for the purpose of ensuring the life, health, and safety of building occupants in an emergency situation.

2. Fuel capacity shall be provided for a minimum of 72 hours of operation without refueling.

3. Consideration shall be given to standby power for nonemergency lighting.

B. Emergency release provisions shall be made for unlocking or group release of cell doors in case of fire, power failure, or other emergencies.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Article 4 Construction, Mechanical, Plumbing, and Electrical Requirements

6VAC15-81-1310 Interior finishes

A. All interior exposed walls, partitions, and ceilings shall have a low maintenance, nonabsorbent durable finish.

B. All floor surfaces shall be of a durable, low maintenance, nonabsorbent material.

C. If concrete floor surfaces are used they shall be finished with a sealer or coating.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1320 Windows, doors, and locks

A. Doors, windows and frames shall be commercial grade or detention type.

B. Window openings shall be screened, locked, fixed, or otherwise controlled or designed to prevent unauthorized entry or passage of contraband.

C. Magnetic locks are prohibited.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1330 Climate control

A. Heat and air conditioning shall be provided in all rooms in the facility so that a temperature not less than 65 degrees F or more than 85 degrees F is maintained.

B. Mechanical, electrical, and laundry spaces may be mechanically ventilated.

C. Special consideration shall be afforded to additional cooling in kitchen, food storage areas, and rooms containing heat sensitive and electronic equipment.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1340 Mechanical

A. Thermostats, sensors, control wiring, and control and pneumatic tubing for the mechanical system shall not be inmate accessible.

B. Consideration shall be given to locating balancing dampers close to or integral with diffusers so they can be adjusted and checked without the installation of access panels.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1350 Plumbing

A. Shower and toilet areas, including ceilings, shall be provided with a durable surface finish to withstand humidity and cleaning.

B. All exposed plumbing shall be kept flush with the walls and ceilings. Exposed pipes shall not be inmate accessible.

C. Hot water for inmates shall be controlled by a temperature limiting device to preclude temperatures in excess of 105 degrees F.

D. Actuating valves provided on lavatories and showers shall be the metering type.

E. Toilets equipped with tanks are prohibited.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1360 Electrical

A. All wiring, conductors, and control tubing shall be concealed to the greatest extent possible.

1. Where wiring is exposed and accessible by inmates, it shall be housed in intermediate metal conduit or rigid metal conduit with threaded fittings.

2. Rigid nonmetallic conduit (PVC or CPVC) shall not be used above the ground floor slab except when encapsulated in concrete or in concrete masonry units. For transitions, rigid nonmetallic conduit may extend not more than six inches above floor.

3. Flexible metallic conduit not exceeding six feet in length may be installed above ceilings.

4. Electrical metallic tubing (EMT) may be installed above ceilings. EMT, if utilized, shall have compression fittings.

5. Flexible conduit, if required for a moving part of a device (e.g., pan-tilt-zoom camera), shall not exceed 12 inches exposed and shall be liquid tight or equivalent.

6. Set screw fittings and other types of conduits are not permitted.

B. Surge protection is recommended on power supplies for critical life safety, security, and telephone systems. Surge protection shall be considered on control and alarm circuits that leave the building.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1370 Lighting

A. Natural light is required in inmate housing units. Consideration shall be given to providing natural light in renovation projects that provide new inmate housing.

B. Intensity of artificial lighting shall be in accordance with requirements for artificial light in 6VAC15-40, Minimum Standards for Jails and Lockups.

C. Light fixtures shall be a minimum of commercial grade secured with tamper resistant screws.

D. Provisions are required for night lighting.

E. Lights and electrical outlets shall be provided for walk-in type plumbing chases.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1380 Equipment

Equipment and fixtures shall be a minimum of commercial grade.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1390 Lockups and cells

A. Lockups shall be composed of individual or group cells.

B. Cells shall be designed to contain a minimum of 45 square feet for single occupancy cells plus 15 square feet per inmate for each additional inmate for which the cell is designed.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1400 Separation

The facility shall be designed for the necessary sight and soundseparation of males, females, and, if planned, ofjuveniles and with consideration to PREA.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1410 Floor drains

Sufficient floor water drains shall be provided throughout the lockup to prevent water from standing on the floors.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1420 Monitoring

A. Lockups shall be designed to facilitate monitoring by direct visual observation with backup by CCTV.

B. Consideration shall be given to appropriate traffic patterns; groups of functions; facilitating ease of movement to, from, and within functions; clear sightlines to eliminate blind spots; efficiency and economy of staffing; PREA; and facilitating a smooth, logical, and orderly sequence of operation.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1430 Fixtures for inmates

Each cell shall be provided with a stainless steel combination toilet and lavatory with hot and cold running water with an integral drinking fountain.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1440 Cell furnishings

Each cell shall be equipped with a stationary steel or concrete wall bunk or bench.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1450 Secure space

Secure space shall be provided for inmate records, logs, and storage and inventory of inmate property.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1460 Telephones

Telephones shall be available for use by inmates in the admissions area.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1470 Visiting space

Space for confidential attorney visiting shall be provided.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

6VAC15-81-1480 Construction requirements

All components of cells, sally ports, and the room or space containing the cells shall meet the requirements for maximum security construction in this chapter unless otherwise specified in this part.

History

• Statutory Authority: §§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

Agency 16 Department of Corrections

Chapter 10 Public Participation Guidelines

Part I Purpose and Definitions

6VAC16-10-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Corrections. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

6VAC16-10-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Corrections, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending, or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

Part II Notification of Interested Parties

6VAC16-10-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

6VAC16-10-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 6VAC16-10-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

Part III Public Participation Procedures

6VAC16-10-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency; and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, the Governor may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

6VAC16-10-60 Petition for Rule Making

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider, and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

6VAC16-10-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

6VAC16-10-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

6VAC16-10-90 Meetings

Notice of any open meeting, including meetings of a RAP or an NRP, shall be posted on the Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

6VAC16-10-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

6VAC16-10-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

• Statutory Authority: §§ 2.2-4007.02 and 53.1-266 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 38, Issue 11, eff. March 5, 2022.

Chapter 20 Regulations for Human Subject Research

Part I General provisions

6VAC16-20-10 Definitions

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Department" means the Department of Corrections.

"Director" means the Director of the Department of Corrections.

"Human research" means any systematic investigation utilizing human subjects that may expose such human subjects to physical or psychological injury as a consequence of participation as subjects and that departs from the application of established and accepted therapeutic methods appropriate to meet the subject's needs.

"Human Subject Research Review Committee" or "HSRRC" means the Department of Corrections committee responsible for (i) reviewing all submitted research projects for completeness and compliance with the Regulations for Human Subject Research, with all applicable Department of Corrections operating procedures, and with all applicable state and federal regulations pertaining to human subject research; (ii) approving or denying submitted research proposals; (iii) monitoring all approved research projects for adherence to the scope of the research that was approved; and (iv) reporting on all research projects approved, all research projects denied, and the findings of all approved research projects. The composition of the HSRRC and its responsibilities shall be as stated in Part II (6VAC16-20-40 et seq.) of this chapter.

"Legally authorized representative" means (i) any parent having custody of a prospective subject, (ii) the legal guardian of a prospective subject, or (iii) any person or judicial body authorized by law or regulation to consent on behalf of a prospective subject to such subject's participation in the particular human research. For the purposes of this definition, any person authorized by law or regulation to consent on behalf of a prospective participant to the prospective participant's participation in the particular human research shall include an attorney-in-fact appointed under a durable power of attorney, to the extent the power grants the authority to make such a decision. The attorney-in-fact shall not be employed by the person, organizational unit, or agency conducting the human research and shall not be authorized to consent to nontherapeutic medical research. No official or employee of the organizational unit or agency conducting or authorizing the research shall be qualified to act as a legally authorized representative.

"Minimal risk" means that the risks of harm anticipated in the proposed research are not greater, considering probability and magnitude, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests.

"Nontherapeutic research" means human research in which there is no reasonable expectation of direct benefit to the physical or mental condition of the human subject.

"Organizational work unit" means any unit, facility, office, or district within the Department of Corrections, such as prisons, correctional centers, correctional field units, correctional work centers, probation and parole districts or offices, community corrections alternative programs, or units supervised by a manager who reports directly to a deputy director. Each organizational work unit is managed by an organizational unit head such as a warden, superintendent, chief probation and parole officer, or manager.

"Participant" or "human participant" means a living individual whether employee, inmate, probationer, parolee, or other individual under supervision of the Department of Corrections, about whom a researcher, whether professional or student, conducting research obtains (i) data through intervention or interaction with the individual or (ii) identifiable private information. "Intervention" includes both physical procedures by which data are gathered and manipulations of the participant or the participant's environment that are performed for research purposes. "Interaction" includes communication or interpersonal contact between researcher and participant.

"Private information" includes information about behavior that occurs in a context in which an individual can reasonably expect that no observation or recording is taking place, and information that has been provided for specific purposes by an individual and that the individual can reasonably expect will not be made public. Private information must be individually identifiable in order for obtaining the information to constitute research involving human participants.

"Research" means the systematic development of knowledge essential to effective planning and rational decision making. It involves the assessment of current knowledge on conceptual problems selected, statement of those problems in researchable format, design of methodologies appropriate to the problems, and the application of appropriate analytical techniques to the data. Research findings should provide valuable information to management for policy options.

"Research agreement" means the document signed by the principal researcher, research project supervisor, or advisor and the HSRRC indicating the principal researcher and research project supervisor or advisor agree to conduct their research project in the manner in which the research project was approved by the HSRRC, including compliance with this chapter, all applicable Department of Corrections operating procedures, all applicable state and federal laws and regulations, the research project timeline, and any conditions imposed by the HSRRC. The research agreement is governed by and must comply with the provisions of this chapter.

"Researcher" means an individual who has professional standing in the pertinent field or is supervised directly by such an individual.

"Research project" means the systematic collection of information, analysis of data, and preparation of a report of findings.

"Research proposal" means the document completed by the principal researcher outlining (i) information about the researchers, including contact information, affiliations, and funding sources; (ii) the human research to be performed, including purpose, methodology, informed consent, timeframe, and Department of Corrections resources required; and (iii) any endorsements. The research proposal must be submitted to and approved by the HSRRC. Research proposals are to be limited to 20 pages, not including bibliographies, curriculum vitae, letters of endorsement, copies of surveys or instruments to be used, copies of external institutional review board approvals, and voluntary informed consent forms.

"Voluntary informed consent" means the knowing consent of an individual so situated as to be able to exercise free power of choice without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion. Voluntary informed consent forms shall not include any language through which the human subject waives or appears to waive any of the human subject's legal rights, including any release of any individual, facility, agency, or agents thereof, from liability or negligence. The human participant shall sign all voluntary informed consent forms confirmed by an acceptable witness. With regard to the conduct of human research, the basic elements of information necessary to such voluntary informed consent shall include:

1. A fair explanation to the individual of any procedures to be followed and their purposes, including identification of any procedures which are experimental;

2. A description of any attendant discomforts and risks reasonably to be expected;

3. A description of any benefits reasonably to be expected;

4. A disclosure of any appropriate alternative procedures that might be advantageous for the individual;

5. An offer to answer any inquiries by the individual concerning the procedure; and

6. An instruction that the individual is free to withdraw the individual's voluntary informed consent and to discontinue participation in the human research at any time without prejudice.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC16-20-20 Applicability

This chapter shall apply to any individual, group, or agency conducting research that uses human participants within the Virginia Department of Corrections, including any facility, program or organization owned, operated, funded, or licensed by the department.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

Part II Human subject research review committee

6VAC16-20-40 Composition

A. The HSRRC shall have at least three members, appointed by the Director of the Department of Corrections or the director's designee, with varying backgrounds to provide complete and adequate review of activities commonly conducted by researchers. The HSRRC shall be sufficiently qualified through the experience and diversity of its members.

1. The HSRRC shall not be comprised entirely of men or of women.

2. The HSRRC shall not be comprised entirely of members from one organizational work unit.

3. The HSRRC shall have at least one member who is not otherwise affiliated with the Department of Corrections and is not an immediate family member of a person who is affiliated with the department.

B. In addition to possessing the professional competence necessary to review research proposals, the HSRRC must be able to ascertain the acceptability of research proposals in terms of organizational work unit commitments, this chapter, applicable Department of Corrections operating procedures, any applicable state and federal law or regulation, standards of professional conduct and practice, and community attitudes.

C. No member of the HSRRC shall participate in the HSRRC's initial or continuing review of any research project in which the member has a conflict of interest, defined as having direct involvement in or department approval authority over the proposed human research or otherwise having a conflict of interest under applicable Virginia law. The HSRRC has responsibility for determining whether a member has a conflicting interest.

D. The HSRRC may, at its discretion, invite individuals with competence in special areas to assist in the review of complex issues that require expertise beyond or in addition to that available to the HSRRC. These individuals may not vote with the HSRRC.

E. A quorum of the HSRRC shall consist of a majority of its members. If a quorum cannot be established or cannot meet within the established timeframes from the existing HSRRC, the director or the director's designee may replace temporarily an active committee member with an alternate to the degree needed to establish a quorum.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC16-20-50 Duties and responsibilities

A. The HSRRC shall establish procedures and rules of operation necessary to fulfill the requirements of this chapter.

B. The HSRRC shall review all submitted research proposals for the following:

1. Completeness, including:

a. Researcher information:

(1) Name of principal researcher;

(2) Affiliation;

(3) Mailing address;

(4) Telephone number;

(5) Email address;

(6) Names of all other researchers participating in the research project;

(7) Name of research project supervisor or advisor, if different from principal researcher;

(a) Telephone number;

(b) Email address;

(8) Funding source; and

(9) Curriculum vitae of principal researcher, all persons named as researchers; and research project supervisor or advisor.

b. Research proposal information:

(1) Date research proposal submitted to HSRRC;

(2) Title of research proposal;

(3) Purpose of research proposal;

(4) Methodology;

(a) Research design;

(b) Sampling methods;

(c) Methods of analysis;

(5) Discussion of the research proposal in the context of relevant literature;

(6) Discussion of the benefits to the Department of Corrections as well as the field of study;

(7) Copies of any surveys or instruments to be used;

(8) Voluntary informed consent forms;

(9) Timeline for the research project;

(10) Department of Corrections resources required (e.g., personnel, supplies, materials, equipment, workspace, access to participants, and files); and

(11) External Institutional Review Board (IRB) approval, including academic IRBs, research group IRBs, and government IRBs; all external IRB approvals must be received before the HSRRC will initiate review of a submitted research proposal.

c. Letters of endorsement.

2. Compliance with this chapter, all applicable Department of Corrections operating procedures, and all applicable state and federal laws and regulations. Compliance includes:

a. The researcher's ability to obtain the appropriate security clearances to enter an organizational work unit.

b. The researcher's adherence to an organizational work unit's standards for appropriate attire, including dress or wardrobe, jewelry, hair, grooming, body piercings, and tattoos.

c. The researcher's ability to pass an organizational work unit's security screening process for contraband, including weapons of any kind, alcohol, drugs of any kind, cellular phones, other electronic devices, tobacco products, including lighters and matches, and any other items deemed as potentially adversely impacting the safety and security of the Department of Corrections, organizational work unit, department staff, research participants or other inmates, probationers, parolees, and other individuals under the supervision of the Department of Corrections, the researchers, or the general public.

d. The researcher's completion of Prison Rape Elimination Act (PREA) training and any other Department of Corrections required training for vendors and volunteers.

3. Adherence to basic research standards, including:

a. Credentials. The principal researcher shall have academic or professional standing in the pertinent field or job-related experience in the areas of study or be directly supervised by such a person.

b. Ethics. The research shall conform to the appropriate standards of ethics of professional societies such as the American Psychological Association, the American Sociological Association, the National Association of Social Workers, or other equivalent society.

c. Protection of rights. The principal researcher is responsible for the conduct of the principal researcher's staff and assumes responsibility for the protection of the rights of participants involved in the research project.

d. Confidentiality or anonymity. Research project information given by participants to the researcher shall be confidential or anonymous depending on the study design. This does not preclude the reporting of results in aggregated form that protects the identity of individuals, or the giving of raw data to the Department of Corrections for further analysis. The confidentiality of any such raw data shall be monitored by the department. Persons who breach confidentiality or anonymity shall be subject to sanctions in accordance with applicable laws, policies, and procedures.

e. Participant incentives. The opportunity to participate in research is considered sufficient incentive for participation. The offering of additional incentives is prohibited without specific written approval from the Director of the Department of Corrections or designee. Sentence reduction or pecuniary compensation are always prohibited as incentives.

4. Determination if the research proposal is subject to the human research review requirements of §§ 32.1-162.16 through 32.1-162.20 of the Code of Virginia.

5. Agreement with Department of Corrections research procedures.

a. The principal researcher and research project supervisor or advisor must submit a separate, signed written research agreement when submitting the research proposal indicating that the principal researcher, research project supervisor or advisor, and all other researchers and staff under their supervision who are associated with the research project have read, understand, and agree to abide by Department of Corrections research procedures.

b. The research agreement shall establish a timeline for the research project and the specific date when the principal researcher shall submit the final report to the HSRRC.

c. In the case of student research, the student's academic advisor must sign the research agreement indicating endorsement of the research project.

C. After reviewing each submitted, complete research proposal, research agreement, and accompanying documentation, the HSRRC will vote to approve or deny the research proposal.

D. A research proposal shall be approved by the HSRRC when a majority of the quorum of the HSRRC votes to approve the research proposal.

E. If a research proposal is denied, the HSRRC shall notify the principal researcher of all reasons for denial and any requested clarifications, edits, updates, or additions that can be made to the research proposal. The principal researcher may resubmit a revised research proposal with these requested clarifications, edits, updates, or additions. The HSRRC will then review the resubmitted revised, complete research proposal in accordance with 6VAC16-20-50 B.

F. Upon approval of a research proposal by the HSRRC, the HSRRC shall prepare a research brief summarizing the research proposal with any comments. The research brief will be provided to the Director of the Department of Corrections or the director's designee for review and approval.

G. Upon approval of the research brief by the Director of the Department of Corrections or the director's designee, the HSRRC shall provide an approval memorandum and necessary information describing the research project to the organizational work unit head, regional operations chief, and principal researcher.

H. The HSRRC shall retain a separate electronic file for each submitted research proposal. Each electronic file shall contain:

1. The original submitted research proposal;

2. The research agreement;

3. Any accompanying documentation;

4. Any resubmitted revised research proposals;

5. The research brief;

6. The approval memorandum;

7. Any progress reports;

8. The final report; and

9. All communication between the HSRRC, principal researcher, research project supervisor or advisor, the Director of the Department of Corrections or the director's designee, regional operations chief, and organizational unit head pertaining to the research project.

I. At the time the research agreement is signed, the HSRRC shall establish due dates for progress reports to be provided by the principal researcher. These progress reports will inform the HSRRC of the status of the research project and any difficulties encountered that might delay or preclude completion of the research project.

J. The HSRRC shall establish research priorities consistent with the needs of the Department of Corrections.

K. The HSRRC shall regulate the number and timetable of research projects so as to not disrupt the normal functioning of any Department of Corrections operational work unit.

L. Upon receipt of a complaint from an organizational unit head or participant, the HSRRC will investigate to determine if there has been a violation of this chapter, Department of Corrections operating procedures, the research proposal, the research agreement, or any applicable state or federal laws or regulations.

M. If the HSRRC determines that a principal researcher, researcher, research project supervisor or advisor, or staff supervised by them has violated any provisions of this chapter, Department of Corrections operating procedures, the research proposal, the research agreement, or any applicable state or federal laws or regulations, the HSRRC may terminate the research project at any time.

N. The HSRRC shall submit to the Governor, the General Assembly, and the Director of the Department of Corrections or the director's designee, at least annually, a report on the human research projects reviewed and approved by the HSRRC, including any significant deviations from the approved research projects.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC16-20-60 Reports

A. The principal researcher must submit progress reports to the HSRRC by the dates agreed upon in the research agreement. These progress reports must be submitted electronically via email.

B. The principal researcher must submit a final report to the HSRRC. The final report must be submitted electronically via email.

C. The HSRRC reserves the right to reproduce the final report for official Department of Corrections use only.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC16-20-70 Records maintenance

A. The principal researcher shall maintain records adequate to enable the Department of Corrections to ascertain the status of the research project at any given time.

B. The principal researcher shall maintain completed voluntary informed consent forms in a secure location for at least three years.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC16-20-80 Publication rights

A. Researchers are not permitted to publish beyond the approved research proposal without further review and approval from the HSRRC.

B. The researcher shall furnish the HSRRC with an electronic copy of the published research findings.

C. The Department of Corrections shall be permitted to use the data collected in the research project and to reproduce the materials as the materials are published.

D. Without the explicit written approval of the researcher, the Department of Corrections should not publicly distribute any dissertation or thesis material that the researcher has not published or presented publicly or professionally.

E. Without prior approval from the HSRRC, research conducted by employees or agents, including interns, volunteers, contractors, and vendors, of the Department of Corrections is the property of the department and cannot be published without the approval of the Director of the Department of Corrections or the director's designee.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC16-20-90 Research exempt from HSRRC review

The following are exempt from HSRRC review:

1. Department of Corrections studies, program evaluations, and routine data analyses for management purposes.

2. Research conducted by the Department of Corrections and any of its organizational units in established or commonly accepted educational settings, involving commonly used educational practices, such as:

a. Research on regular and special education instructional strategies.

b. Research on the effectiveness of, or the comparison among, instructional techniques, curriculum, or classroom management methods.

3. Research involving required department survey procedures, unless responses are recorded in such a manner that participants can be identified, directly or through identifiers linked to the participants, and either:

a. Participant responses, if they become known outside the research, could reasonably place a participant at risk of criminal or civil liability or be damaging to a participant's financial standing, employability, or reputation; or

b. The research deals with sensitive aspects of a participant's own behavior, such as sexual behavior, drug or alcohol use, illegal conduct, or family planning.

4. Research involving solely the collection or study of existing data, documents, records, or pathological or diagnostic specimens if these sources are publically available or if the information taken from these sources is recorded in such a manner that participants cannot be identified, either directly or through identifiers linked to the participants.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

6VAC16-20-100 Waiver of signed voluntary informed consent form

A. The HSRRC may waive the requirement for the researcher to obtain a signed voluntary informed consent form for some or all participants in a research project if it finds that the only record linking the participant and the research would be the consent form and that the principal risk would be potentially harmful resulting from a breach of confidentiality.

B. Each participant will be asked whether the participant wants documentation linking the participant to the research, and the participant's wishes will govern.

C. In cases where the documentation requirement is waived, the HSRRC shall require the researcher to provide participants with a written statement explaining the research.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

Part III Role of the department and director

6VAC16-20-110 Role of the department and director

A. The Director of the Department of Corrections or the director's designee shall establish and maintain records of the HSRRC assurances, annual reports, and summary descriptions of research projects.

B. The Director of the Department of Corrections or the director's designee shall review communications from the HSRRC reporting violations of research protocols that led to suspension or termination of the research to ensure that appropriate steps have been taken for the protection of rights of human research participants.

C. The Director of the Department of Corrections shall arrange for the printing and dissemination of copies of this chapter.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

Part IV Applicability of state and federal policies

6VAC16-20-120 Applicability of state and federal policies

A. No statement in this chapter shall be construed as limiting in any way the rights of participants in research under regulations promulgated by the director pursuant to § 53.1-10 of the Code of Virginia.

B. Human research that is subject to policies and regulations for the protection of human participants promulgated by any agency of the federal government shall be exempted from this chapter. Annual certification shall be made to the Director of the Department of Corrections that exempted projects have complied with the policies and regulations of federal agencies.

History

• Statutory Authority: § 53.1-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 39, Issue 10, eff. March 1, 2023.

Agency 20 Department of Criminal Justice Services

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

6VAC20-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Criminal Justice Services. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

6VAC20-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Criminal Justice Services, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

Part II Notification of Interested Persons

6VAC20-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

6VAC20-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 6VAC20-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

Part III Public Participation Procedures

6VAC20-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

6VAC20-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

6VAC20-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

6VAC20-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

6VAC20-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

6VAC20-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

6VAC20-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-102 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 10, eff. February 20, 2009.

Chapter 120 Regulations Relating to Criminal History Record Information Use and Security

Part I General

6VAC20-120-10 (Repealed.)

History

• Historical Notes: Derived from VR240-02-1, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; repealed, Virginia Register Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-20 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Access" means the ability to obtain, directly or through an intermediary, criminal history record information contained in manual or automated files.

"Board" means the Criminal Justice Services Board, as defined in § 9.1-108 of the Code of Virginia.

"Central Criminal Records Exchange" means the repository in this Commonwealth that receives, identifies, maintains, and disseminates individual criminal history records, in accordance with Chapter 23 (§ 19.2-387 et seq.) of Title 19.2 of the Code of Virginia.

"Challenge" means an individual's objection to his criminal history record information.

"Conviction data" means information in the custody of any criminal justice agency relating to a judgment of conviction, and the consequences arising therefrom, in any court.

"Correctional status information" means records and data concerning each condition of a convicted person's custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.

"Criminal history record information" means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal charges and any disposition arising therefrom. The term shall not include juvenile record information which is controlled by §§ 16.1-299 and 19.2-389.1 of the Code of Virginia, criminal justice investigative information, or correctional status information.

"Criminal history record information area" means any office, room, or space in which criminal history record information is regularly collected, processed, stored, or disseminated to an authorized user. This area includes computer rooms, computer terminal workstations, file rooms, and any other rooms or space in which those activities are carried out.

"Criminal intelligence information" means data that has been evaluated and determined to be relevant to the identification and criminal activity of individuals or organizations that are reasonably suspected of involvement in criminal activity. Criminal intelligence information shall not include criminal investigative files.

"Criminal investigative information" means information on identifiable individuals compiled in the course of the investigation of specific criminal acts.

"Criminal justice agency" means a court or any other governmental agency or subunit thereof that as its principal function performs the administration of criminal justice and any other agency or subunit thereof that performs criminal justice activities.

"Criminal justice information system" means a system, including the equipment, facilities, procedures, agreements, and organizations thereof, that is used for the collection, processing, preservation, or dissemination of criminal history record information. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.

"Department" means the Department of Criminal Justice Services.

"Destroy" means to totally eliminate and eradicate by various methods, including, but not limited to, shredding, incinerating, or pulping.

"Director" means the chief administrative officer of the department.

"Dissemination" means any transfer of information, whether orally, in writing, or by electronic means. The term does not include access to the information by officers or employees of a criminal justice agency maintaining the information who have both a need and a right to know the information.

"Expunge" means to remove, in accordance with a court order, a criminal history record or a portion of a record from public inspection or normal access.

"Modify" means to add or delete information from a record to accurately reflect the reported facts of an individual's criminal history record. (See § 9.1-132 of the Code of Virginia.) This includes eradicating, supplementing, updating, and correcting inaccurate and erroneous information.

"Noncriminal justice agencies or individuals" means those agencies or individuals authorized to receive limited criminal history record information pursuant to a specific agreement with a criminal justice agency under the provisions of subsection A of § 19.2-389 of the Code of Virginia.

"Originating agency identifier" or "ORI" means a unique nine-character designation used to identify the agency that places records in the Virginia Criminal Information Network (VCIN).

"Seal" means to physically prevent access to a criminal history record or portion of a criminal history record.

"Superintendent" means the chief administrative officer of the Virginia Department of State Police.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 1.1, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

Part II Criminal History Record Information Use

6VAC20-120-30 Applicability

A. This chapter governs originals and copies of manual or automated criminal history record information that are used, collected, stored, or disseminated by state or local criminal justice agencies or other agencies receiving criminal history record information in the Commonwealth. This chapter also sets forth the required procedures that ensure the proper processing of the expungement of criminal history record information. The provisions of this chapter apply to the following groups, agencies, and individuals:

1. State and local criminal justice agencies and subunits of these agencies in the Commonwealth; and

2. The United States Government or the government of another state or its political subdivisions that exchange such information with criminal justice agencies in the Commonwealth, but only to the extent of that exchange.

B. The provisions of this chapter do not apply to (i) original or copied records of entry, such as police blotters maintained by a criminal justice agency on a chronological basis and permitted to be made public, but only if such records are not indexed or accessible by name; (ii) offense and dispatch records maintained by a criminal justice agency on a chronological basis and permitted to be made public, if such records are not indexed or accessible by name or do not contain criminal history record information; (iii) court records of public criminal proceedings, including opinions and published compilations thereof; (iv) records of traffic offenses disseminated to or maintained by the Department of Motor Vehicles for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers' or other operators' licenses; (v) statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable; (vi) announcements of executive clemency; (vii) posters, announcements, or lists for identifying or apprehending fugitives or wanted persons; and (viii) criminal justice intelligence information or criminal justice investigative information.

C. Nothing in this chapter shall be construed as prohibiting a criminal justice agency from disclosing to the public factual information concerning the status of an investigation; the apprehension, arrest, release or prosecution of an individual; the adjudication of charges; or the correctional status of an individual, which is related to the offense for which the individual is currently within the criminal justice system.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 2.1, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-40 Collection

A. Responsibility. Responsibility for collecting and updating criminal history record information rests with:

1. State officials and criminal justice agencies having the power to arrest, detain, or hold convicted persons in correctional facilities;

2. Sheriffs of cities or counties;

3. Police officials of cities, counties, and towns;

4. Other local law-enforcement officers or conservators of the peace who have the power to arrest for a felony (see § 19.2-390 of the Code of Virginia);

5. Clerks of court and court agencies or officers of the court; and

6. Other criminal justice agencies or agencies having criminal justice responsibilities which generate criminal history record information.

B. Reportable offenses. The officials listed in subsection A of this section and their representatives are required to submit to the Central Criminal Records Exchange, on forms provided by the Central Criminal Records Exchange, a report on every arrest they complete for:

1. Treason;

2. Felonies or offenses punishable as a misdemeanor under Title 18.2 of the Code of Virginia;

3. Class 1 and 2 misdemeanors under Title 18.2 except an arrest for a violation of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2; a violation of Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2, or § 18.2-119; or a violation of any similar ordinance of a county, city or town.

In addition to those offenses enumerated in this subsection, the Central Criminal Records Exchange may receive, classify, and file any other fingerprints and records of arrest or confinement submitted to it by any law-enforcement agency or correctional institution.

The chief of police, sheriff, or criminal justice agency head is responsible for establishing a system to ensure that arrest forms are completed and submitted in a timely and accurate fashion.

C. Timelines of submission.

1. Arrests. Arrest reports for all offenses noted in subsection B of this section, except as provided in this section, and a fingerprint card for the arrested individual shall be forwarded to the Central Criminal Records Exchange in accordance with the time limits specified by the Department of State Police. A copy of the Central Criminal Records Exchange arrest form shall also be sent to the local court (a copy of the form is provided for the courts) at the same time.

The link between the arrest report and the fingerprint card shall be established according to Central Criminal Records Exchange requirements. Arrests that occur simultaneously for multiple offenses need only be accompanied by one fingerprint card.

2. Convictions. For persons arrested and released on summonses under § 19.2-74 of the Code of Virginia, the chief law-enforcement officer or his designee, who may be the arresting officer, shall furnish a fingerprint card and a completed copy of the Central Criminal Records Exchange form to the Central Criminal Records Exchange. The form shall be completed immediately upon conviction unless an appeal is noted. In the case of an appeal, officials responsible for reporting the disposition of charges shall report the conviction within 30 days after final action of the case.

3. Final disposition. State correctional officials shall submit to the Central Criminal Records Exchange the release status of an inmate of the state correctional system within 20 days of the release.

D. Updating and accuracy.

1. Arresting officers and court clerks noted in subsection A of this section are responsible for notifying the Central Criminal Records Exchange in a timely manner, and always within 30 days, of changes or errors and necessary corrections in arrests, convictions, or other dispositions concerning arrests and dispositions that the criminal justice agency originated. In the case of correctional status or release information, correctional officials are responsible for notifying the Central Criminal Records Exchange within the same time limits of updates or changes in correctional status information. Forms for updating and correcting information are provided by the Central Criminal Records Exchange.

2. Each criminal justice agency is required to supply timely corrections of criminal history record information the agency has provided to a criminal justice or a noncriminal justice agency for a period of two years after the date of dissemination.

E. Locally maintained and nonreportable offenses. Criminal history record information generated by a criminal justice agency and maintained in a locally used and maintained file, including criminal history record information on offenses not required to be reported to the Central Criminal Records Exchange but maintained in local files, as well as criminal history record information maintained by the Central Criminal Records Exchange, shall adhere to the standards of collection, timeliness, updating, and accuracy as required by this chapter. Arrests shall be noted and convictions or adjudications recorded within 30 days of court action or the elapse of time to appeal.

F. Except as provided in §§ 15.2-1722, 16.1-299, and 19.2-390 of the Code of Virginia, nothing contained in this article shall be construed as requiring any criminal justice agency to collect, maintain, or update criminal history record information, as defined in § 9.1-101 of the Code of Virginia, when such information is already available and readily accessible from another criminal justice agency.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 2.2, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 23, Issue 25, eff. September 19, 2007; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-50 Dissemination

A. Authorization.

1. No criminal justice agency or individual shall confirm or deny the existence or nonexistence of a criminal history record to persons or agencies that would not be eligible to receive the information. No dissemination of a criminal history record is to be made to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending.

2. Criminal history record information or portions of an individual's record both maintained and used by criminal justice agencies and eligible recipients, maintained either at the Central Criminal Records Exchange or by the originating criminal justice agency, or both, shall only be disseminated as provided by § 19.2-389 of the Code of Virginia.

3. Upon receipt of a request for criminal history record information, by personal contact, mail, or electronic means from an agency or individual claiming to be authorized to obtain such information, the person responding to the request shall determine whether the requesting agency or individual is authorized to receive criminal history record information.

4. Criminal justice agencies shall determine what positions in their agency require regular access to criminal history record information as part of the position's job responsibilities. These positions will be exempt from the provisions of subsection B of this section. Use of criminal history record information by a member of a criminal justice agency not occupying a position authorized to receive criminal history record information, or for a purpose or activity other than one for which the person is authorized to receive criminal history record information, will be considered a dissemination and shall meet the provisions of this section. If the user of criminal history record information does not meet the procedures in subsection B of this section, the use of the information will be considered an unauthorized dissemination.

5. The release of criminal history record information to an individual or entity not included in § 19.2-389 of the Code of Virginia is unlawful and unauthorized. An individual or criminal justice agency that releases criminal history record information to a party which does not clearly belong to one of the categories of agencies and individuals authorized to receive the information as outlined in § 19.2-389 is subject to being denied access to state and national criminal history record information on a temporary or permanent basis and to the administrative sanctions described in 6VAC20-120-100. Unlawful dissemination contrary to the provisions of this chapter is also a Class 2 misdemeanor (see § 9.1-136 of the Code of Virginia).

B. Procedures for responding to requests. A criminal justice agency disseminating criminal history record information shall adhere to the following provisions:

1. Allowable responses to requests. Local and regional criminal justice agencies may respond to requests for criminal history record information in two ways:

a. For offenses required to be reported to the Central Criminal Records Exchange (CCRE), they shall refer the requester to the Central Criminal Records Exchange, which will directly provide the requester with the information. (See § 19.2-389 of the Code of Virginia.)

When an inquiry to the exchange is not made, the record provided by the local law-enforcement agency should be accompanied by an appropriate disclaimer indicating that the record may not be complete.

b. For nonreportable offenses (i.e., those offenses not reported to the Central Criminal Records Exchange), the law-enforcement agency shall provide the information requested, following the dissemination procedures as required by subdivisions 2 through 8 of this subsection.

2. Prior to dissemination. Prior to disseminating criminal history record information a criminal justice agency shall:

a. Verify requester identity.

(1) Individual requester. For an individual requesting his own record and not known to the person responding to the request, the individual shall provide proper identification, to include at least two of the following, one of which must be a photo identification: (i) a valid passport, (ii) drivers' license with photo, (iii) social security card, (iv) birth certificate, (v) military identification, or (vi) state issued identification card with photo, if there is more than one name match. Fingerprints or other additional information shall be required if the disseminating criminal justice agency deems it appropriate or necessary to ensure a match of the record and the requesting subject.

(2) Criminal justice agencies. For personnel of criminal justice agencies requesting a record, the requester shall provide valid agency identification unless the disseminator recognizes the requesting individual as having previously been authorized to receive the information for the same purpose.

(3) Noncriminal justice agencies or individuals. For an individual requesting the record of another, as in the case of an attorney requesting the record of his client, the individual shall provide a sworn written request from the record subject naming the requester as a recipient, as provided in subsection A of § 19.2-389 of the Code of Virginia. The written request shall include the full name, date of birth, race, and sex of the record subject. Identification of the attorney or individual shall also be required unless the attorney or individual is known to the official responding to the request.

b. Verify record subject identity. Because serious harm could come from the matching of criminal history record information to the wrong individual, verification procedures shall be carefully managed, particularly when dissemination will be to noncriminal justice recipients. The following information shall be reviewed to verify the record subject's identity:

(1) The full name, date of birth, race, and sex of the record subject. Fingerprint identification may be required prior to dissemination if there is any doubt as to the match. If a criminal justice agency does not have the capability to classify fingerprints, it may submit them by mail to the Central Criminal Records Exchange. Only when the information supplied and the information in the Central Criminal Records Exchange or local files satisfactorily match shall information be disseminated.

(2) Criminal history record information which reasonably corresponds to the name, aliases, and physical identity of the subject can be disseminated to a legitimate requester when time is of the essence or if criminal justice interests will be best served by the dissemination. This includes the dissemination of records with similar but not identical name spellings, similar physical characteristics, and similar but not identical aliases. When criminal history record information is obtained in this manner and results in an apparent match between the identity of the subject and the record, the criminal history record should be verified using fingerprint identification prior to prosecution, adjudication or sentencing of the record subject. If a criminal justice agency does not have the capability to classify fingerprints, it may submit them by mail to the Central Criminal Records Exchange.

c. Notify requester of costs and restrictions. The official responsible for aiding the requester shall notify the requester of the costs involved and of restrictions generally imposed on use of the data, or be reasonably assured that the requester is familiar with the costs and restrictions, prior to beginning the search for the requested criminal history record information and shall obtain the consent of the requester to pay any charges associated with the dissemination.

3. Locating and disseminating information requested. Once a request for a criminal history record has been made, and the responsible official is satisfied as to the legitimacy of the request and the identity of the subject and has informed the requester of costs and restrictions, the responsible official conducting the search for the record shall supply the information contained in the local files on offenses not required to be reported to the Central Criminal records Exchange (see § 19.2-389 of the Code of Virginia).

4. Instructions regarding dissemination to requesters. The disseminated record must be accompanied by the message "UNAUTHORIZED DISSEMINATION WILL SUBJECT THE DISSEMINATOR TO CRIMINAL AND CIVIL PENALTIES" in printed form, for the following requesters:

a. Record subjects. Record subjects have a right to receive and disseminate their own criminal history record information, subject to this chapter and subdivision 11 of § 19.2-389 of the Code of Virginia. If a record subject or his attorney complies with the requirements of this section, he shall be given the requested criminal history record information. However, if an agency or individual receives a record from the record subject, that agency or individual shall not further disseminate the record.

b. Criminal justice agencies.

c. Noncriminal justice agencies and individuals other than record subjects. Even with the sworn consent of the record subject, only criminal history record information that is conviction data shall be disseminated to a noncriminal justice agency or an individual in compliance with the existing laws and shall not be disseminated further.

5. Maintaining a dissemination log. A record of all secondary disseminations shall be maintained at the disseminating criminal justice agency or shall be accessible electronically for a period of at least two years from the date of the dissemination.

The dissemination log must list all requests for criminal history record information. The log may be automated or manual.

Records will include the following information on each dissemination:

a. Date of inquiry;

b. Requesting agency name and address or the agency ORI;

c. Identifying name and number (either FBI or state identification number of record subject, or notification of "no record found");

d. Name of requester within the agency requesting criminal history record information; and

e. Name of disseminator (officer or civilian who provides the criminal history record information to the requester).

6. Reporting unauthorized disseminations. While individual criminal justice agencies are not expected to audit agencies that receive criminal history record information that they provide, in order to identify unauthorized releases, individual criminal justice agencies shall notify the department of any violations observed of this section. The department will investigate and respond to the violation in a manner deemed appropriate by the department.

A criminal justice agency that knowingly fails to report a violation may be subject to immediate audit of its entire dissemination log to ensure that disseminations are being appropriately managed.

7. Interstate dissemination. Interstate dissemination of criminal history record information shall be subject to the procedures described in this section. Dissemination to an agency outside of the Commonwealth shall be carried out in compliance with Virginia law and this chapter, as if the agency were within the jurisdiction of the Commonwealth.

8. Fees. Criminal justice agencies may charge a reasonable fee for search and copying time expended when dissemination of criminal history record information is requested by a noncriminal justice agency or an individual. The criminal justice agency shall post the schedule of fees to be charged and shall obtain approval from the requester to pay such costs prior to initiating the search.

C. Limitations on use. Use of criminal history record information disseminated to noncriminal justice agencies shall be limited to the purposes for which the information was given and may not be disseminated further.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 2.3, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-60 Access and review

A. Who can review. An individual or his attorney, upon providing proper identification and in the case of an attorney representing a client, with a sworn written request from the record subject, shall have the right to inspect criminal history record information being maintained on that individual by the Central Criminal Records Exchange or other criminal justice agencies. Completing a request form shall be required by the Central Criminal Records Exchange or the local criminal justice agency.

B. Review at local law-enforcement agency or central criminal records exchange.

1. An individual or his attorney may review the individual's criminal history record information arising from arrests for felonies and Class 1 and 2 misdemeanors maintained in the Central Criminal Records Exchange through a request to the Virginia Criminal Information Network or to the Central Criminal Records Exchange of the Virginia Department of State Police during normal working hours. An individual or his attorney may review the individual's criminal history record regarding offenses not required to be reported to the Central Criminal Records Exchange at the arresting law-enforcement agency.

2. The law-enforcement agency to which the request is directed shall inform the individual or his attorney of the procedures associated with the review.

3. Individuals shall be provided, at cost, one copy of their record. If no record can be found, a statement shall be furnished to this effect.

C. Timeliness and completeness.

1. An individual requesting his own record shall be advised when the record will be available. In no case shall the time between request and availability of the record exceed one week, except where fingerprint identification is required; then it shall not exceed 30 days. Criminal justice agencies should seek to provide the record as soon as reasonably possible unless there are questions of identification.

2. The criminal justice agency locating an individual's criminal history record information shall examine its own files for the most up-to-date criminal history record information and supply the criminal history record information to the requester.

D. Assistance.

1. The criminal justice agency to which the request is directed shall provide reasonable assistance to the individual or his attorney to help understand the record.

2. The official releasing the record shall also inform the individual of his right to challenge the record.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 2.4, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-70 Challenge

A. Individuals who desire to challenge their own criminal history record information must complete documentation provided by the criminal justice agency maintaining the record and forward it to the Central Criminal Records Exchange or the criminal justice agency maintaining the record. A duplicate copy of the form and the challenged record may be maintained by the individual initiating the challenge or review. The individual's record concerning arrests for felonies and Class 1 and 2 misdemeanors may be challenged at the Central Criminal Records Exchange of the Department of the State Police. For offenses not required to be reported to the Central Criminal Records Exchange, the challenge shall be made at the arresting law-enforcement agency or the criminal justice agency maintaining the records.

B. A challenge to a record maintained by the Central Criminal Records Exchange will be processed as follows:

1. Message flags. If the challenge is made of a record maintained by the Central Criminal Records Exchange, both the manual and the automated record shall be flagged with the message "CHALLENGED RECORD." A challenged record shall carry this message when disseminated while under challenge.

2. Review at exchange. The Central Criminal Records Exchange shall compare the information contained in the repository files as reviewed by the individual with the original arrest or disposition form. If no error is located, the Central Criminal Records Exchange (i) shall forward a copy of the challenge form, a copy of the Central Criminal Records Exchange record, and other relevant information to the criminal justice agency or agencies which the Central Criminal Records Exchange records indicate as having originated the information under challenge and (ii) shall request them to examine the relevant files to determine the validity of the challenge.

3. Examination. The criminal justice agency or agencies responsible for originating the challenged record shall conduct an examination of their source data, the contents of the challenge, and information supplied by the Central Criminal Records Exchange for any discrepancies or errors and shall advise the Central Criminal Records Exchange of the results of the examination.

4. Correction. If any modification of a Central Criminal Records Exchange record is required, the Central Criminal Records Exchange shall modify the record and shall then notify the criminal justice agency in which the record was originally reviewed of its action and supply it and other agencies involved in the review with a copy of the corrected record.

5. Notification by Central Criminal Records Exchange. The Central Criminal Records Exchange shall also provide notification of the correction to all recipients of the record within the last 24 months.

6. Notification by other criminal justice agencies. Criminal justice agencies that have disseminated an erroneous or incomplete record shall in turn notify agencies that have received the disseminated record or portion of the record in the last two years from the date of the Central Criminal Records Exchange modifications of the records. Notification shall consist of sending a copy of the original record and corrections made to the recipients of the erroneous record noted in the dissemination log for the two-year period prior to the date of correction by the Central Criminal Records Exchange. (See § 9.1-132 of the Code of Virginia.) The criminal justice agency in which the review and challenge occurred shall notify the individual or his attorney of the action of Central Criminal Records Exchange.

7. Appeal. The record subject or his attorney, upon being told of the results of his record review, shall also be informed of his right to review and appeal those results.

C. A challenge to a record maintained by a criminal justice agency other than the central Criminal Records Exchange will be processed as follows:

1. Message flags. If a challenge is made of a record maintained by a criminal justice agency, both the manual and the automated record shall be flagged with the message "CHALLENGED RECORD." A disseminated record shall contain this message while under challenge.

2. Examination and correction agency. If the challenged record pertains to the criminal justice agency's arrest information, the arresting agency shall examine the relevant files to determine the validity of the challenge. If the review demonstrates that modification is in order, the modification shall be completed and the erroneous information destroyed. If the challenged record pertains to the disposition information, the arresting agency shall compare contents of the challenge with information originally supplied by the clerk of the court.

3. Review by clerk of court. If no error is found in the criminal justice agency's records, the arresting agency shall forward the challenge to the clerk of the court who submitted the original disposition. The clerk of the court shall examine the court records pursuant to the challenge and shall, in turn, notify the arresting agency of its findings. The arresting agency shall then proceed as described in subdivision C 2 of this section.

4. Notification. The criminal justice agency in which the challenge occurred shall notify the individual or his attorney of the action taken and shall notify the Central Criminal Records Exchange and other criminal justice agencies receiving the erroneous information of the necessary corrections if required, as well as the noncriminal justice agencies to which it has distributed the information in the last 24 months, as noted in its dissemination log.

5. Correction. The Central Criminal Records Exchange will correct its records and notify agencies that received erroneous information within the past 24 months. The agencies will be requested to correct their files and to notify agencies that have the disseminated information, as provided in subdivision B 6 of this section.

6. Appeal. The record subject or his attorney, upon receiving the results of the record review, shall be informed of the right to review and appeal.

D. Administrative review of challenge results.

1. Review by criminal justice agency head. After the review and challenge, in accordance with this section, concerning a record either in the Central Criminal Records Exchange or another criminal justice agency, the individual or his attorney may within 30 days request in writing that the head of the criminal justice agency in which the challenge was made review the challenge if the individual is not satisfied with the results of the review and challenge.

2. Thirty-day review. The criminal justice agency head or his designated official shall review the challenge by reviewing the action taken by the agency, the Central Criminal Records Exchange, and other criminal justice agencies and shall notify the individual or his attorney in writing of the decision within 30 days of the receipt of the written request to review the challenge. The criminal justice agency head shall also notify the individual of the option to request an administrative appeal through the department within 30 days of the postmarked date of the notification of the decision. This notification of the appeal shall include the address of the Department of Criminal Justice Services.

3. Correction and notification. If required, correction and notification shall follow the procedures outlined in subsections B and C of this section.

4. Notification of the department. A copy of the notice required in subdivision D 2 of this section shall be forwarded to the department by the criminal justice agency at the same time it is provided to the individual.

E. Administrative appeal.

1. Departmental assessment. The individual or his attorney challenging his record, within 30 days of the postmark of his notification of the decision of the administrative review, may request that the Director of the Department of Criminal Justice Services review the challenge and conduct an informal hearing. The director may designate a hearing officer for this purpose.

2. Determination of merits of case. The director or his designee shall contact the criminal justice agencies involved and request any and all information needed. Criminal justice agencies shall supply the information requested in a timely manner to allow the department to respond to the individual within 30 days. The director will then rule on the merits of a hearing and notify the individual or his attorney that such hearing will or will not be held.

3. Hearing. The hearing, if held, shall be conducted within 30 days of the receipt of the request, and the decision of the hearing officer communicated to the individual or his attorney within 30 days of the hearing.

4. Finding. If the director or the hearing officer determines that correction and modification of the records are required, correction of the record and notification of all involved parties shall proceed according to the procedures outlined in subsections B and C of this section.

5. Removal of a challenge designation. When records and relevant action taken by the criminal justice agencies involved are deemed to be correct, the department shall notify the affected criminal justice agencies to remove the challenge designation from their files.

F. Department notification following corrections. For audit purposes, the Central Criminal Records Exchange shall annually forward the names and addresses of the agencies that originated erroneous record information or received erroneous information from the exchange in that year to the Department of Criminal Justice Services.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 2.5, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-80 Expungement and sealing

A. The expungement of a criminal history record or portion thereof is only permitted on the basis of a court order. Upon receipt of a court order, petition, and other supporting documents for the expungement of a criminal history record, the superintendent, pursuant to § 19.2-392.2 of the Code of Virginia, shall by letter with an enclosed copy of the order direct the Central Criminal Records Exchange and those agencies and individuals known to maintain or to have obtained such a record to remove the electronic or manual record or portion thereof from its repository and place it in a physically sealed, separate file. The file shall be properly indexed to allow for later retrieval of the record if required by court order, and the record shall be labeled with the following designation: "EXPUNGED RECORD TO BE UNSEALED ONLY BY COURT ORDER."

B. Responsibility of agencies with a record to be expunged. The record named in the Virginia Department of State Police's letter shall be removed from normal access. The expunged information shall be sealed but remain available, as the courts may call for its reopening at a later date. (See § 19.2-392.3 of the Code of Virginia.) Access to the record shall be possible only through a name index of expunged records maintained either with the expunged records or in a manner that will allow subsequent retrieval of the expunged record as may be required by the court or as part of the department's audit procedures. Should the name index make reference to the expunged record, it shall be apart from normally accessed files.

C. Procedure for expungement and sealing of electronic and hard copy records.

1. The expungement and sealing of hard copy original records of entry (arrest forms) is accomplished by physically removing them from a file and filing them in a physically secure location elsewhere, apart from normally accessed files. This file should be used only for expunged records and should be accessible only to the manager of records.

2. If the information to be expunged is included among other information that has not been expunged on the same form or piece of paper, the expunged information shall be obliterated on the original or the original shall be retyped eliminating the expunged information. The expunged information shall then be placed in the file for expunged records, in its original or copied form, and shall be accessible only to the manager of records.

3. If the expunged information is located on a criminal history record provided by the Central Criminal Records Exchange (i.e., "RAP sheet"), the criminal history record information shall be destroyed, and a new copy, not containing the expunged data, shall be obtained when necessary.

D. Procedure for expunging automated records. Should the record to be expunged be maintained in an automated system, the Central Criminal Record Exchange or the agency known to possess such a record shall copy the automated record onto an off-line medium such as hard disk drive, USB flash drive, or hard copy printouts. The expunged record, regardless of the type of medium on which it is maintained, shall then be kept in a file used for expunged records and sealed from normal use, accessible only to the manager of records. No notification that expunged data exists shall be left in the normally accessed files.

Notwithstanding any other provisions of this section, any imaged case records maintained in any circuit court, general district court, or juvenile and domestic relations district court case imaging system operated by the Office of the Executive Secretary for the Supreme Court of Virginia that are to be expunged may be transferred to a confidential and secure area inaccessible from normal use within the case imaging system and shall be considered sealed. Access to the expunged, imaged case records shall be limited to the manager of records for the court with the exception of designated staff within the Office of the Executive Secretary who are responsible for the operation of such case imaging systems and have access to the confidential and secure area for the discrete purpose of providing the manager of the records access to the secure area. No notification that expunged data exists shall be left in the normally accessed case imaging system. Any related records that are maintained in an electronic order book shall also be deleted.

E. Department to be notified following expungement. Upon receipt of a request from the Virginia Department of State Police to expunge and seal a record, the affected agency or agencies shall perform the steps of this section, and notify the Virginia Department of State Police of their action in writing within 60 days of their receipt of the request.

F. Expungement order not received by department. Should a court ordered expungement be directed to a criminal justice agency other than the Virginia Department of State Police, the directed criminal justice agency shall comply as outlined in this section and advise the superintendent without delay of such order. The superintendent shall, upon receipt of such notification, obtain a copy of the order from the appropriate circuit court.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 2.6, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 22, Issue 20, eff. July 12, 2006; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-90 Audit

The department shall annually conduct an audit of a random representative sample of state and local criminal justice agencies to ensure and verify adherence to these regulations and to ensure that criminal history records are accurate and complete.

The audits may include, but will not be limited to: (i) examination of record accuracy, (ii) completeness, (iii) timely submission of information, (iv) evidence of dissemination limitation and adequate dissemination logs, (v) security provisions, (vi) evidence of notification of the individual's right of access and challenge, (vii) appropriate handling of record challenges, (viii) timely modification of erroneous records, (ix) evidence of timely notifications of required changes, and (x) appropriate notifications of the department as required.

History

• Statutory Authority: § 9.1-102 and Article 3 (§ 9.1-126 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 2.7, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994.

6VAC20-120-100 Administrative sanctions

Discovery of violations or failure to comply with this chapter in whole or in part will occasion the following sanctions. Additional criminal penalties and other sanctions may be invoked as provided in 6VAC20-120-50 should the violation involve an unauthorized dissemination.

1. Law-enforcement agencies.

a. Should a law-enforcement agency fail to comply with this chapter, a letter will be forwarded by the department to either the chief of police or sheriff, citing the problem and notifying the police department or the sheriff's department that the matter will be referred to the chief official of the locality or local commonwealth's attorney, respectively, if a satisfactory result is not forthcoming. The criminal justice agency shall have 10 business days to respond with a letter describing how the situation was remedied or explaining why there is no need to do so.

b. Should there be no satisfactory response after the 10 business day period, the matter will be referred to the offices of the city, county, or town manager or the local commonwealth's attorney requesting resolution of the matter within 30 days.

c. If 30 days have passed and the matter fails to be resolved to the satisfaction of the department, the matter will be referred to the Criminal Justice Services Board and the Office of the Attorney General for action.

2. Courts.

a. Should a court or officer of the court fail to comply with this chapter, a letter will be forwarded by the department to the court, citing the problem and notifying the court clerk that the matter will be referred to the chief judge of the locality and the local commonwealth's attorney if a satisfactory result is not forthcoming. The court shall have 10 business days to respond with a letter describing how the situation was remedied or explaining why there is no need to do so.

b. Should there be no satisfactory response after the 10 business day period, the matter will be referred to the chief judge requesting resolution of the matter within 30 days. The Executive Secretary of the Supreme Court of Virginia will also be notified.

c. If 30 days have passed and the matter fails to be resolved to the satisfaction of the department, the matter will be referred to the Criminal Justice Services Board and the Chief Justice of Virginia.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 2.8, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

Part III Criminal History Record Information Security

6VAC20-120-110 Applicability

A. This chapter is applicable to criminal justice information systems operated within the Commonwealth of Virginia. These regulations on security are not applicable to court records or other records expressly excluded by § 9.1-126 of the Code of Virginia.

B. This part establishes a minimum set of security standards that shall apply to any manual or automated recordkeeping system that collects, stores, processes, or disseminates criminal history record information.

C. Where individuals or noncriminal justice agencies are authorized to have direct access to criminal history record information pursuant to a specific agreement with a criminal justice agency to provide service required for the administration of criminal justice, the service support agreement will embody the restrictions on dissemination and the security requirements contained in this chapter and the Code of Virginia.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 3.1, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-120 Responsibilities

A. In addition to those responsibilities mandated by state and federal laws, the Department of State Police shall have the responsibility for the implementation of this chapter in regard to the operation of the Central Criminal Records Exchange.

B. The implementation of this chapter, except as set forth in subsection A of this section, shall be the responsibility of the criminal justice agency as designated and authorized by the county or municipality in cases of political subdivisions. Nothing in this chapter shall be deemed to affect in any way the exercise of responsibility conferred on counties and municipalities of the state under Title 15.2 of the Code of Virginia. The determination of the suitability of the actual procedures instituted by the criminal justice agency will be the subject of study in any audit by the department, mandated by § 9.1-131 of the Code of Virginia.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 3.2, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-130 Physical access

A. Access to areas in which criminal history record information is collected, stored, processed, or disseminated shall be limited to authorized persons. Control of access shall be ensured through the use of locks, guards, or other appropriate means. Authorized personnel shall be clearly identified.

B. Procedures shall be established to detect an unauthorized attempt or access. Furthermore, a procedure shall be established to be followed in those cases in which an attempt or unauthorized access is detected. Such procedures shall become part of the orientation of employees working in criminal history record information area or areas and shall be reviewed periodically to ensure their effectiveness.

C. Criminal justice agencies shall provide direct access to criminal history record information only to authorized officers or employees of a criminal justice agency and, as necessary, other authorized personnel essential to the proper operation of the criminal history record information system.

D. Criminal justice agencies shall institute, where computer processing is not utilized, procedures to ensure that an individual or agency authorized to have direct access is responsible for (i) the physical security of criminal history record information under its control or in its custody and (ii) the protection of such information from unauthorized access, disclosure, or dissemination.

E. Procedures shall be instituted to protect any central repository of criminal history record information from unauthorized access, theft, sabotage, fire, flood, wind, or other natural or man-made disasters.

F. For criminal justice agencies that have their criminal history files automated, it is highly recommended that "backup" copies of criminal history information be maintained, preferably off-site. Further, for larger criminal justice agencies having automated systems, it is recommended that the criminal justice agencies develop a disaster recovery plan. The plan should be available for inspection and review by the department.

G. System specifications and documentation shall be carefully controlled to prevent unauthorized access and dissemination.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 3.3, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-140 Personnel

In accordance with applicable law, ordinances, and regulations, the criminal justice agency shall:

1. Screen and have the right to reject for employment, based on good cause, personnel to be authorized to have direct access to criminal history record information;

2. Have the right to initiate or cause to be initiated administrative action leading to the transfer or removal of personnel authorized to have direct access to this information where these personnel violate the provisions of this chapter or other security requirements established for the collection, storage, or dissemination of criminal history record information; and

3. Ensure that all employees working with or having access to criminal history record information shall be made familiar with the substance and intent of this chapter. Designated employees shall be briefed on their roles and responsibilities in protecting the information resources in the criminal justice agency. Special procedures connected with security shall be reviewed periodically to ensure their relevance and continuing effectiveness.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 3.4, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

6VAC20-120-150 Telecommunications

Direct or remote access to computer systems for the purpose of accessing criminal history record information shall require that the direct or remote access device use dedicated telecommunication lines. The use of any nondedicated means of data transmission to access criminal history record information shall generally be prohibited. Exceptions may be granted for systems which obtain expressed approval of the department based on a determination that the system has adequate and verifiable policies and procedures in place to ensure that access to criminal history record information is limited to authorized system users. The Department of State Police shall further approve of any access to the Virginia Criminal Information Network (VCIN), in accordance with State Police regulations governing the network. Nothing in this regulation shall be construed to affect the authority of the Department of State Police to regulate access to VCIN.

In those systems where remote access of criminal history record information is permitted, remote access devices must be secure. Remote access devices capable of receiving or transmitting criminal history record information shall be attended during periods of operation. In cases in which the remote access device is unattended, the device shall, through security means, be made inoperable, for purposes of accessing criminal history record information.

Telecommunications facilities used in connection with the remote access device shall also be secured. The remote access device shall be identified on a hardware basis to the host computer. In addition, appropriate identification of the remote access device operator shall be required. Equipment associated with the remote access device shall be reasonably protected from possible tampering or tapping.

History

• Statutory Authority: § 9.1-102 and Article 3 (§ 9.1-126 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 3.5, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994.

6VAC20-120-160 Computer operations

A. Where computerized data processing is employed, effective and technologically advanced software and hardware design shall be instituted to prevent unauthorized access to this information.

B. Computer operations, whether dedicated or shared, that support criminal justice information systems shall operate in accordance with procedures developed or approved by the participating criminal justice agencies.

C. Criminal history record information shall be stored by the computer in such a manner that it cannot be modified, destroyed, accessed, changed, purged, or overlaid in any fashion by noncriminal justice terminals.

D. Operational programs shall be used that will prohibit inquiry, record updates, or destruction of records from terminals other than criminal justice system terminals that are so designated.

E. The destruction of record shall be limited to designated terminals under the direct control of the criminal justice agency responsible for creating or storing the criminal history record information.

F. Operational programs shall be used to detect and log all unauthorized attempts to penetrate criminal history record information systems, programs, or files.

G. Programs designed (i) for the purpose of prohibiting unauthorized inquiries, unauthorized record updates, or unauthorized destruction of records or (ii) for the detection and logging of unauthorized attempts to penetrate criminal history record information systems shall be known only to the criminal justice agency employees responsible for criminal history record information system control or individuals and agencies pursuant to a specific agreement with the criminal justice agency to provide such security programs. The program or programs shall be kept under maximum security conditions.

H. Criminal justice agencies having automated criminal history record files shall designate a system administrator to maintain and control authorized user accounts, system management, and the implementation of security measures.

I. The criminal justice agency shall have the right to audit, monitor, and inspect procedures established pursuant to this chapter.

History

• Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-1 § 3.6, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

Chapter 130 Regulations Governing the Privacy and Security of Criminal History Record Information Checks for Firearm Purchases

Part I General

6VAC20-130-10 (Repealed.)

History

• Historical Notes: Derived from VR240-02-2, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; repealed, Virginia Register Volume 35, Issue 2, eff. October 19, 2018.

6VAC20-130-20 Definitions

The following words and terms when used in this chapter shall have the following meaning unless the context clearly dictates otherwise:

"Antique firearm" means any firearm meeting the statutory definition provided in § 18.2-308.2:2 G of the Code of Virginia.

"Criminal history record information" means records and data collected by criminal justice agencies on adult individuals, consisting of notations of arrests, detentions, indictments, information, or other formal charges and any disposition arising therefrom.

"Criminal history record information check," "criminal record check," and "record check" mean a review of a potential purchaser's criminal history record information, to be conducted by the Department of State Police at the initiation of a dealer in order to establish a prospective purchaser's eligibility to possess or transport a firearm, as defined in this chapter, under state or federal law.

"Dealer" means any person licensed as a dealer pursuant to 18 USC § 921 et seq.

"Dealer identification number" or "DIN" means a unique identifying number assigned by the Department of State Police to each individual dealer as defined in § 18.2-308.2:2 G of the Code of Virginia, in order to identify such dealers when they request criminal history record information to determine the eligibility of a prospective purchaser to possess or transport a firearm.

"Department" means the Virginia Department of State Police.

"Firearm" means any firearm meeting the statutory definition provided in § 18.2-308.2:2 G of the Code of Virginia.

"Handgun" means any firearm meeting the statutory definition provided in § 18.2-308.2:2 G of the Code of Virginia.

"Law-enforcement officer" means any full-time or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof, or any full-time or part-time employee of a private police department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth and shall include any (i) special agent of the Department of Alcoholic Beverage Control; (ii) police agent appointed under the provisions of § 56-353 of the Code of Virginia; (iii) officer of the Virginia Marine Police; (iv) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Game and Inland Fisheries; (v) investigator who is a full-time sworn member of the security division of the Virginia Lottery; (vi) conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115 of the Code of Virginia; (vii) full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to § 46.2-217 of the Code of Virginia; (viii) animal protection police officer employed under § 15.2-632 of the Code of Virginia; (ix) campus police officer appointed under Chapter 17 (§ 23-232 et seq.) of Title 23 of the Code of Virginia; or (x) private police officer employed by a private police department. Part-time employees are those compensated officers who are not full-time employees as defined by the employing police department, sheriff's office, or private police department.

"Prospective purchaser" means an individual who intends to buy, rent, trade, or transfer a firearm as defined in this chapter, and has notified a dealer of his intent.

"Resident of Virginia" means a person who resides and has a present intent to remain within the Commonwealth, as shown by an ongoing physical presence and a residential address within Virginia. If a person does not reside in Virginia, but is on active duty as a member of the U.S. Armed Forces and Virginia is the person's permanent duty station, the person shall, for the purpose of these regulations, be considered a resident of Virginia.

"Transfer" means to sell, rent, trade, or transfer a firearm as defined in this chapter.

"VCheck" means Virginia's instant criminal background check program authorized by the Department of State Police and available via the Internet to all firearms dealers registered with the State Police Firearms Transaction Center.

"Virginia Firearms Transaction Record Form" or "VFTR form" means the form issued by the Department of State Police provided to dealers and required for obtaining a criminal history record check, also known as "SP-65" or the "VFTR."

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 1.1, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

Part II Regulations

6VAC20-130-30 Applicability of chapter

A. This chapter applies to:

1. All licensed dealers in firearms; and

2. The Department of State Police.

B. This chapter shall not apply to:

1. Transactions between persons who are licensed as firearms importers or collectors, manufacturers or dealers pursuant to 18 USC § 921 et seq.;

2. Purchases by or sale to any law-enforcement officer or agent of the United States, the Commonwealth, or any local government; or

3. Antique firearms.

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 2.1, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

6VAC20-130-40 Responsibilities of dealers

It shall be the responsibility of dealers that transfer firearms in Virginia to comply with the following:

1. Register with the Department of State Police to obtain from the department a dealer identification number (DIN) and to access the department's criminal history record VCheck program by telephone or via the Internet.

2. Prior to transferring any firearm, determine if the firearm is a "firearm" as defined in this chapter and § 18.2-308.2:2 of the Code of Virginia.

3. Deny the transfer of a handgun to a non-Virginia resident in accordance with 18 USC § 922(b)(3).

4. Complete the VFTR form.

5. Request a criminal history record information check prior to the transfer of any such firearm.

6. Request a criminal history record check either by telephone, mail, VCheck, or other communication authorized by the Department of State Police prior to the sale of shotguns and rifles to non-Virginia residents.

7. Maintain required forms and records according to the procedures outlined in these regulations.

8. Deny the transfer of a firearm if advised by the Department of State Police that the prospective purchaser is ineligible to possess such a firearm and the department disapproved the transfer of a firearm to the prospective purchaser.

9. Notify the Department of State Police promptly upon any change in registration information (telephone number, address, federal firearms license number, etc.).

10. Provide written notice of the closing of the business to Department State Police in advance of the actual closing date.

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 2.2, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

6VAC20-130-50 Responsibilities of the Department of State Police

A. The Department of State Police shall operate telephone, mail, VCheck, or other authorized communication response systems to provide dealers in firearms (as defined in this chapter) with information on the legal eligibility of prospective purchasers to possess or transport firearms covered under these regulations. This information shall be released only to authorized dealers. Prior to the release of the information, the identity of the dealer and the prospective purchaser can be reasonably established.

B. In no case shall the department release to any dealer actual criminal history record information as defined in this chapter. The dealer shall only receive from the department a statement of the department's approval or disapproval of the transfer, and an approval code number, if applicable, unique to the transaction. A statement of approval or disapproval shall be based on the department's review of the prospective purchaser's criminal history record information and restrictions on the transfer of firearms to felons enumerated in § 18.2-308.2 of the Code of Virginia or federal law. This statement shall take one of the following two statuses: (i) approval with an approval code number or (ii) disapproval with no approval code number.

C. The department shall provide to dealers a supply of VFTR forms, a DIN, and a toll-free number to allow access to the telephone criminal history record check system available for approval of firearms purchases.

D. The department shall supply all dealers in the Commonwealth with VFTR forms in a manner that allows the department to use the forms to identify dealers and monitor dealers' use of the system to avoid illegal access to criminal history records and other department information systems.

E. The department shall hire and train such personnel as are necessary to administer criminal history record information checks, ensure the security and privacy of criminal histories used in such record checks, and monitor the record check system.

F. The department shall allow the Department of Criminal Justice Services access to all forms and records required by this chapter.

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 2.3, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

6VAC20-130-60 Preparing for a criminal history record check

A. General procedures.

1. If any firearm, which a prospective purchaser intends to obtain in transfer, is a firearm as defined in this chapter, the dealer shall request that the Department of State Police conduct a criminal history record check on the purchaser. The dealer may obtain the required record check from the department for purchasers who are residents of Virginia by (i) telephoning the department using the provided toll-free number, (ii) using VCheck, or (iii) using another communication authorized by the Department of State Police and requesting the record check. For out-of-state residents who purchase rifles or shotguns, the dealer may request the record check from the department by telephone, mail, or delivery. However, Virginia residents may, if they elect, request the dealer to obtain a record check by mail. The initial required steps of completion of the VFTR, obtaining consent of the purchaser, determining residency and verifying identity are common to telephone, mail, VCheck, or other communication authorized by the Department of State Police for obtaining the record check.

2. The dealer shall request a criminal history record check and obtain the prospective purchaser's signature on the consent portion of the form for each new transfer of a firearm to a given purchaser. One record check is sufficient for any number of firearms in a given transfer, but once a transaction has been completed, no transfer to the same purchaser shall proceed without a new record check.

3. A criminal history record check shall be conducted prior to the actual transfer of a firearm.

B. Completing section A of the Virginia Firearms Transaction Record: Obtaining consent for a criminal history record information check for firearms purchase. As a condition of any sale, the dealer shall advise the prospective purchaser to legibly complete and sign section A of a VFTR form.

1. The dealer shall require the prospective purchaser to complete section A of the VFTR form in the prospective purchaser's own handwriting, and without the dealer's assistance. The purchaser shall answer the questions listed and shall complete the items that establish residency and describe identity, including name, sex, height, weight, race, date of birth, and place of birth.

2. If the prospective purchaser cannot read or write, section A of the VFTR form may be completed by any person other than the dealer or any employee of the dealer according to the procedures specified on the reverse side of the VFTR form.

3. The dealer shall also obtain the prospective purchaser's signature or, if he cannot read or write, his mark, following the consent paragraph at the bottom of section A, which shall certify that the information supplied by the purchaser in section A is true and correct.

C. Completing section B of the Virginia Firearms Transaction Record: Establishing purchaser identity and residency and dealer identity. Prior to making a request for a criminal history record information check, the dealer shall complete all of section B of the VFTR form for which the dealer is responsible. Information recorded on the VFTR form shall be sufficient to (i) reasonably establish a prospective purchaser's identity and determine the residency of the prospective purchaser and (ii) identify the dealer.

1. Identify prospective purchaser and determine residency. The dealer shall determine residency and verify the prospective purchaser's identity as required in section B of the VFTR, by requiring at least two forms of identification that denote the address of the prospective purchaser. Only the forms of identification listed in this subsection shall be acceptable to establish identity and residency.

a. For Virginia residents, a dealer shall require any prospective purchaser to present one photo-identification form issued by a governmental agency of the Commonwealth or by the U.S. Department of Defense.

If, for purposes of this chapter, a prospective purchaser's Virginia residency is based upon active duty status with the Armed Forces of the United States with a permanent duty station in Virginia, including the Pentagon, and the primary form of identification consists of a photo identification issued by the U.S. Department of Defense, the purchaser may use as a secondary identification proof of permanent duty station within Virginia signed by the station commander or duly designated representative. For the purpose of establishing residency for a firearm purchase, residency of a member of the armed forces shall include both the state in which the member's permanent duty post is located and any nearby state in which the member resides and from which he commutes to the permanent duty post.

b. For non-Virginia residents purchasing shotguns or rifles, the dealer shall require the prospective purchaser to furnish one photo-identification form issued by a governmental agency of the person's state of residence and one other form of identification as provided in subdivision C 1 a, which corroborates the identity and residency shown on the photo-identification form.

c. The dealer will ensure that the forms of identification support the listing of the identifying characteristics and the resident's address as supplied by the prospective purchaser in section A of the VFTR.

d. If the dealer discovers any unexplained discrepancy between the two forms of identification (different addresses, birth dates, or names), the dealer shall not request a criminal history record check until the prospective purchaser can be adequately identified with two acceptable forms of identification as required.

e. The dealer shall name and identify on the VFTR form the documents used to verify the prospective purchaser's identity and residence and shall record all pertinent identifying numbers on the VFTR form.

f. While the dealer is required to collect sufficient information to establish the prospective purchaser's identity and residency from the forms of identification, in no case is the dealer authorized to collect more information on the prospective purchaser than is reasonably required to establish identity, state of residence, and citizenship.

2. Identify dealer. The dealer or his employee shall note on section B of the VFTR form:

a. The dealer's or employee's signature;

b. His position title (owner, employee);

c. The trade or corporate name and business address; and

d. The dealer's federal firearms license number.

D. No dealer shall sell, rent, trade, or transfer from his inventory any assault firearm to any person who is not a citizen of the United States or who is not a person lawfully admitted for permanent residence. To establish citizenship or lawful admission for a permanent residence for purposes of purchasing an assault firearm, a dealer shall require a prospective purchaser to present a certified birth certificate or a certificate of birth abroad issued by the U.S. State Department, a certificate of citizenship or a certificate of naturalization issued by the U.S. Citizenship and Immigration Services, an unexpired United States passport, a U.S. citizen identification card, a current voter registration card, a current selective service registration card, or an immigrant visa or other documentation of status as a person lawfully admitted for permanent residence issued by the U.S. Citizenship and Immigration Services.

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 2.4, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 21, Issue 16, eff. May 18, 2005; Volume 35, Issue 2, eff. October 19, 2018.

6VAC20-130-70 Procedures for requesting a criminal history record information check by telephone or other communication by the Department of State Police

A. Once the prospective purchaser has completed section A of the VFTR form and the dealer has completed the necessary portions of the VFTR form and determined that the prospective purchaser is a resident of Virginia, the dealer shall contact the Department of State Police and request a criminal history record information check by telephone, through VCheck, or through other authorized communication for the firearm transfer. For non-Virginia residents purchasing rifles or shotguns, the dealer may also request a criminal history record check by telephone. The dealer shall use the toll-free number provided by the Department of State Police. However, no provision of these regulations shall prohibit a Virginia resident from obtaining a written record check through the dealer for any firearm transfer.

B. The dealer shall identify himself to the department by providing his DIN and the printed number on the upper right-hand corner of the VFTR form prepared by the prospective purchaser.

C. The dealer shall allow the department to verify this identifying information. The Department of State Police shall disapprove a firearm purchase if the department determines that the identifying information supplied by the dealer is incomplete, incomprehensible or in error, raises a reasonable doubt as to the origin of the request, or is otherwise unusable.

D. The dealer shall then supply to the department over the telephone, through VCheck, or through another authorized communication all identifying data on the prospective purchaser that is recorded on section A of the VFTR, in the order requested by the department. This information shall be transmitted to the department in a discreet and confidential manner, assuring to the extent possible that the identifying data is not overheard or viewed by other persons in the dealer's place of business. If the dealer cannot provide sufficient information to allow the department to conduct a criminal history record check, the department will not accept the request on the basis of insufficient information to conduct a check. The department may adopt procedures to appropriately address such occurrences.

E. The Department of State Police will respond to the dealer's request for a criminal history record check by consulting the criminal history record information indexes and files, during the dealer's call or VCheck submission. In the event of electronic failure or other difficulties, the department shall immediately advise the dealer of the reason for such delay and provide to the dealer an estimate of the length of such delay.

F. If no evidence of a criminal record or other information is found that would preclude the purchaser from possessing or transporting a firearm under state or federal law, the department will immediately notify the dealer that the transfer may proceed, and will provide the dealer with a unique approval code number, which the dealer shall enter in a clear, visible, and convenient manner on the original of the VFTR form.

G. If the initial search discloses that the prospective purchaser may not be eligible to possess a firearm, the department will notify the dealer that a further check must be completed before the end of the dealer's next business day, to determine if the prospective purchaser has a criminal record that makes him ineligible to possess or transport a firearm under state or federal law. This statement of ineligibility shall then be communicated by the dealer to the prospective purchaser in a discrete and confidential manner, recognizing the individual's rights to the privacy of this information.

H. In any circumstance in which the department must return the dealer's telephone call, whether due to electronic or other failure or in order to allow a further search, the dealer shall await the department's call and make no transfer of a firearm to the individual whose record is being checked until:

1. The dealer receives notification of approval of the transfer by telephone or other authorized communication from the department; or

2. The department fails to disapprove the transaction of the prospective purchaser before the end of the next business day.

Exception: If the department knows at the time of the dealer's telephone call or VCheck submission that it will not be able to respond to the request by the end of the dealer's next business day, it will so notify the dealer. Upon receiving notification, the dealer shall note in a clear and visible manner on the VFTR that the department was unable to respond. The dealer may in such cases complete the transfer immediately after his telephone call or receipt of an authorized communication.

I. In the event that the department is unable to immediately respond to the dealer's request for a criminal history record check and the prospective purchaser is also unable to await the department's response to the dealer's request and the department ultimately approves of the transfer, the dealer may transfer any firearm, as listed on the VFTR form that initiated the request for a record check, to the prospective purchaser, after the receipt of the approval of the transfer from the department. The actual transfer of the firearm shall be accomplished in a timely manner. A second record check shall not be required provided that the actual transfer of the firearm occurs within a time period specified by the department.

J. If the dealer is notified by the department that the prospective purchaser is not eligible to possess or transport a firearm under state or federal law, and the transfer is disapproved, and if he is so notified before the end of the next business day after his accepted telephone request or VCheck confirmation, the dealer shall not complete the transfer.

K. On the last day of the week following transfer of a firearm covered by these regulations on the basis of a telephone inquiry, the dealer shall send by mail or shall deliver to the department the appropriate copies of the VFTR other than the original, with sections A and B properly completed. No information on the type, caliber, serial number, or characteristics of the firearms transferred shall be noted on the copies of the VFTR submitted to the department, but the forms shall otherwise be complete. The dealer shall note the date of mailing on the form, or shall have the form date stamped or receive a dated receipt if the dealer delivers the form.

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 2.5, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

6VAC20-130-80 Procedures for requesting a criminal history record check by mail

A. At the request of a Virginia resident or a non-Virginia resident, a dealer may request a record check by mail for a firearm transfer. In either case, the dealer shall follow the procedures as set forth in this chapter. In addition, the dealer shall follow the provisions for establishing identity and residency as set forth in 6VAC20-130-60 C 1 a and C 1 b, and, if applicable, 6VAC20-130-60 D.

B. The dealer shall mail or deliver to the department the appropriate copies of the completed VFTR form according to procedures established by the department (that shall not describe, list, or note the actual firearms to be transferred) within 24 hours of the prospective purchaser's signing and dating of the consent paragraph in section A of the VFTR form. This shall be evidenced by the dealer's notation of the mailing date on the VFTR, if mailed, or the date stamp of the department on the VFTR form or a receipt provided to the deliverer, if delivered. The original of the completed VFTR form shall be retained at the dealer's place of business.

C. The department will initiate a search only upon receipt of the appropriate copies of the VFTR form at department headquarters. The department may challenge and refuse to accept any VFTR form if there is an unreasonable, extended time period between the date of the mailing and the date of receipt of the copies of the form at the department.

D. Following its search of Virginia and national criminal history record indexes and files, the department will return to the dealer a copy of the VFTR form, marked "approved," or "not approved." When a dealer receives approval, he may transfer any firearm, as listed on the VFTR form that initiated the request for a record check, to the prospective purchaser, after his receipt of the approval. The actual transfer of the firearm shall be accomplished in a timely manner. A second record check shall not be required provided that the actual transfer of the firearm occurs within a time period specified by the department. If the transfer is disapproved, he is not authorized to transfer any firearm to the prospective purchaser.

E. In the case of written requests for criminal history record check, initiated by the submission of VFTR forms, the dealer shall wait up to 10 days after the mailing date (noted on the form) or delivery date stamp (if not mailed) of the request for written approval from the department, prior to transferring a firearm as defined in this chapter.

F. However, if 10 days elapse from the date the VFTR form was mailed (as noted on the VFTR form) or delivered to the Department of State Police (as indicated by the date stamped by the department), and the department has not responded to the request initiated by the form by approving or disapproving the transaction proposed, the dealer may complete the transfer to the prospective purchaser on his next business day, after the 10th day, or thereafter, and not be in violation of the law or this chapter. After completion of the transfer in this case, as in all cases, any new or further transfer of firearms not listed on the VFTR form that initiated the request for a record check to the same purchaser will require a new criminal history record check.

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 2.6, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

6VAC20-130-90 Proper use of the components of the criminal history record check system: Forms, records, toll-free telephone number, VCheck password, and DIN

A. The VFTR forms will be provided to the dealer by the department. VFTR forms shall not be transferred from one dealer to another. All VFTR forms partially completed, torn, defaced or otherwise rendered unusable shall be marked "VOID" and disposed of in a manner that will not allow their reuse. All unused forms shall remain the property of the Department of State Police and shall be returned to the department in the event that a dealer ceases to engage in the transfer of firearms in a manner which is regulated by the Department of Criminal Justice Services.

B. The dealer will retain the original of the VFTR form for his own files.

C. The dealer shall keep all blank and completed VFTR originals and all returned copies in a secure area, which will restrict access to the information contained on the VFTR forms to authorized employees only.

D. The department shall retain a copy of all VFTR forms received from dealers according to the procedures outlined in this subsection.

1. Approved transfers. Thirty days after the department has notified the dealer of an approved transfer, the department shall destroy the VFTR form still in its possession and all identifiable information collected pertaining to a prospective purchaser.

2. Disapproved transfers. VFTR forms recording a transfer that was not approved shall be maintained by the department in a separate file, maintained by name of prospective purchaser.

a. The information contained in these forms shall be used by the department for legitimate law-enforcement purposes only and shall be governed by existing regulations concerning the privacy and security of criminal history record information.

b. The department may maintain any other printouts or reports with these copies of the VFTR form, provided they are treated as criminal history record information.

E. The Department of State Police shall maintain a running log of all requests for criminal history record information checks for firearms transfer, which shall include the following:

1. DIN and name of requester;

2. Dealer's transaction number;

3. Approval code number if sale is approved;

4. Date of telephone request, mailing, VCheck, or delivery date of mail request;

5. Notation of type of record request: telephone, mail, or VCheck request;

6. Approved or not approved status; and

7. Date of clearance from department file through mailing of VFTR form to the dealer or other final action.

F. A log shall be retained at the department on each request that leads to approvals of firearm transfers for 12 months from the date of each request.

G. Requests that lead to disapprovals shall be maintained by the department on a log for a period of two years from the date the request was accepted by the department for processing.

H. The department shall monitor and distribute all VFTR forms in an appropriate manner to ensure their proper control and use. This includes designing, redesigning, numbering, distributing, tracking, and processing all VFTR forms.

I. No dealer shall provide his DIN or the toll-free number VCheck password to another party for any reason.

J. The VCheck password may be changed periodically to ensure that these numbers are not improperly used by unauthorized dealers or unauthorized parties.

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 2.7, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

6VAC20-130-100 Monitor

The Department of State Police shall continuously observe compliance with requirements regarding VFTR form completion, notification of the Department of State Police following firearm transfers, form management and storage, and confidentiality and proper use of the DIN and the VCheck password information for Virginia resident telephone and VCheck record checks.

1. The department may invalidate a particular DIN to ensure the continuous integrity of the criminal history record information. Prior to such invalidation, the department shall notify the dealer orally, by telephone, or in writing of the reasons for such invalidation and allow the dealer the opportunity to respond.

2. Should the department identify minor violations of the provisions of this chapter, the department may monitor all future requests of the dealer for criminal history record checks as needed. Occurrences of additional violations or major or repeated violations may result in a subsequent monitoring or a criminal investigation of the dealer.

History

• Statutory Authority: § 18.2-308.2:2 of the Code of Virginia.
• Historical Notes: Derived from VR240-02-2 § 2.8, eff. November 2, 1990; amended, Virginia Register Volume 8, Issue 3, eff. December 4, 1991; Volume 8, Issue 18, eff. July 1, 1992; Volume 35, Issue 2, eff. October 19, 2018.

Chapter 160 Regulations Relating to the Court-Appointed Special Advocate Program (CASA)

Part I General Definitions

6VAC20-160-10 Definitions

The following words and terms when used in this chapter shall apply unless the context clearly indicates otherwise:

"Advisory council" means a locally appointed body with a specific purpose to advise the governing board of a local CASA program.

"CASA" means court-appointed special advocate.

"CASA program" means any locally operated court-appointed special advocate program which utilizes court-appointed volunteers to assist in judicial proceedings involving allegations that a child is abused, neglected, in need of services, or in need of supervision and for whom a Juvenile and Domestic Relations District Court judge determines such services are appropriate.

"Case" means a child for whom a Juvenile and Domestic Relations District Court judge has entered an order of appointment for a CASA volunteer.

"DCJS" means the Department of Criminal Justice Services.

"Director" means the director or coordinator of a local CASA program responsible for the day-to-day operations of the local CASA program.

"Governing board" means the oversight body responsible for the local CASA program. This may be a city council, county board of supervisors or the board of directors of a nonprofit organization.

"Staff advocate" means an employee of the CASA program who serves, in lieu of a CASA volunteer, as the assigned advocate for a case.

"Volunteer" means a court-appointed special advocate.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 1.1, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008.

Part II Program Administration

6VAC20-160-20 CASA program governance

6VAC20-160-20. CASA program governance.

A. A CASA program shall have a governing board responsible for overseeing the program's operations.

B. A governing board may choose to establish an advisory council to support the CASA program operations. The governing board shall articulate in writing a clearly defined purpose for the advisory council, criteria for selection of members, a defined relationship between the council and the CASA program staff and a clear process for reporting to the governing board.

C. If the governing board is not a city council or county board of supervisors, the composition of a local CASA governing board and any established advisory council should include representatives of each geographic area served by the program. Members should represent diverse cultures, professional disciplines, public and private sectors, and have knowledge of or an interest in matters including, but not limited to, the courts, child welfare and juvenile justice.

D. All new governing board members and advisory council members shall receive an orientation within six months of their selection. The orientation shall include education about Virginia's CASA programs' mission, goals and objectives with emphasis on governing board member and advisory council roles, fiduciary responsibilities and fundraising.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 2.1, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008.

6VAC20-160-30 Recordkeeping and monitoring

A. CASA programs shall maintain records of the activities of the CASA program by using an automated data system prescribed by DCJS.

B. CASA programs shall provide annual and other reports on the operation of the CASA program to DCJS in a format prescribed by DCJS according to a timeline established by DCJS.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 2.2, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008.

6VAC20-160-40 Program and personnel policies

A. CASA programs shall be in compliance with Standards for National CASA Association (NCASAA) Member Programs.

B. CASA programs shall ensure that an attorney is available for CASA directors and governing boards to provide legal consultation in matters pertaining to administration of the programs.

C. CASA program employees shall not concurrently supervise children in need of services, children in need of supervision, or juvenile offender cases, either for the courts or any child serving agencies.

D. CASA programs shall write policies on the following and make those written policies available to the respective courts:

1. The maximum caseload to which a volunteer may be assigned at any one time. If that number is larger than two children or two sibling groups, a rationale must be submitted to and approved by DCJS.

2. Assignment of CASA staff as an advocate. In the event a CASA supervisor or staff member is required to serve as an advocate, that staff member will serve no more than two children or two sibling groups. If that number is larger than two children or two sibling groups, a rationale must be submitted to and approved by DCJS.

3. The maximum number of volunteers to be supervised by each staff person. The staff-to-volunteer ratio calculated and reported each quarter shall not exceed one full-time equivalent staff to 30 volunteers who are assigned to active cases. This ratio is reduced according to the number of hours the volunteer supervisor may be assigned to administrative or other responsibilities. A request shall be submitted to DCJS for approval should that ratio exceed 1:30.

4. The review, investigation and handling of any complaints that may be received concerning CASA volunteers, including procedures for the removal of CASA volunteers should dismissal become necessary.

5. The specific factors to be used by the CASA program to accept and prioritize cases for assignment to CASA volunteers.

6. The confidentiality of the records and information to which CASA volunteers will have access, and training volunteers on the importance of confidentiality.

7. The objectives, standards, and conduct for CASA volunteers and the procedures that the CASA program will use to evaluate the performance of its volunteers in order to ensure that volunteers are meeting CASA's objectives and standards of conduct.

8. The CASA volunteers' responsibility to report incidents of suspected child abuse and neglect.

9. Concerning CASA investigations, CASA's role and responsibility in assisting the guardian ad litem, and monitoring court order compliance.

10. Compliance with federal laws, including Equal Opportunity Employment, Drug-Free Workplace, Smoke-Free Workplace, and political activity statements.

E. CASA programs shall employ staff capable of managing effective and efficient program operations. The following job descriptions provide for essential CASA program management:

1. Director. The director is responsible for accomplishing organizational goals and all managerial functions. This staff position requires a degree or equivalent experience in child welfare, public administration, counseling, human services, juvenile justice or law. The person should have an understanding of and experience with community organization and volunteer program management. Generally the duties and responsibilities of the director are as follows:

a. Conduct or oversee the recruitment, screening, training, supervision and evaluation of the program volunteers and staff;

b. Develop and maintain procedures for case recordkeeping; supervise staff and volunteers in completing recordkeeping tasks;

c. Serve as a liaison to the court, the local governing board, and if applicable, advisory council, to local agencies serving children, to DCJS, to the Virginia CASA Network, and to the National CASA Association;

d. Plan for and manage program growth, development and evaluation, including special projects, budgets, annual workplans, and analysis of trends in program services;

e. Represent the program to networks of service providers and community coalitions dealing with child welfare issues; and

f. Supervise program operations including financial management, risk management, and resource development.

2. Program/Volunteer Coordinator. Depending on program size, it may be necessary to designate a staff person having knowledge of, or willingness to learn about, court matters, child welfare and juvenile justice issues who will focus on volunteer recruitment, screening, training, case assignment, and supervision. Generally, the duties and responsibilities of the program/volunteer coordinator are as follows:

a. Develop and distribute volunteer recruitment materials, and conduct presentations on the CASA program for the purpose of recruiting volunteers and increasing community awareness;

b. Screen volunteer applications and conduct interviews to determine the suitability of the applicant for the CASA program;

c. Arrange training for CASA volunteers;

d. Recommend trained volunteers for acceptance into the CASA program;

e. Assign cases and supervise volunteers;

f. Plan and implement volunteer recognition events;

g. Evaluate effectiveness of volunteer recruitment, training, and case assignment; and

h. Conduct annual written evaluations of each CASA volunteer.

F. CASA programs are responsible for disseminating CASA reports according to § 16.1-274 of the Code of Virginia.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 2.3, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008; Errata, 25:4 VA.R. 761 October 27, 2008.

Part III Volunteer Administration

6VAC20-160-50 Case assignment

A. The CASA director shall be responsible for all decisions pertaining to the assignment or removal of specific volunteers to specific cases.

B. A CASA volunteer shall not be assigned to a case involving any professional connection or close personal relationship with the child client or family.

History

• Statutory Authority: §§ 9.1-151 and 9.1-153 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 3.1, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997.

6VAC20-160-60 CASA volunteer duties and responsibilities

A. Volunteers shall follow specific policies regarding the nature of assistance:

1. Provided to the guardian ad litem;

2. Relating to their investigative role;

3. Relating to monitoring compliance with court orders; and

4. Relating to the submission to the court of written reports.

B. The CASA volunteer's investigation involves fact-finding via interviews, professional reports, observation of family and social interactions, and observation of the child's environment.

C. The CASA volunteer's investigation involves the observation of the child's circumstances. CASA volunteers may conduct interviews of children; however, CASA volunteers are specifically prohibited from questioning or inquiring of the child information regarding a precipitating incident or allegation involving child abuse and neglect.

D. The CASA volunteer should encourage interdisciplinary coordination and cooperation, whenever possible, in an effort to develop a plan of action in conjunction with other local agencies and professionals.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 3.2, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008.

6VAC20-160-70 Confidentiality

A. All CASA volunteers shall follow specific policies regarding the following:

1. Reporting suspected child abuse and neglect, and the procedure for making such reports;

2. Confidentiality of records and information; and

3. Contacting, interviewing and responding to persons involved in the case.

B. To the extent permitted by state and federal confidentiality laws, CASA volunteers should share information gathered with other involved professionals whenever possible and practicable.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 3.3, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008.

6VAC20-160-80 Code of ethics

A. CASA volunteers should conduct themselves in a professional manner, adhering to a code of ethics that is consistent with ethical principles established by local, state or national guidelines.

B. CASA volunteers should not become inappropriately involved in the case by providing direct service delivery to any parties that could (i) lead to conflict of interest or liability or (ii) cause a child or family to become dependent on the CASA volunteer for services that should be provided by other agencies or organizations.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 3.4, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008.

Part IV Qualifications of Volunteers

6VAC20-160-90 Qualifications

A. CASA volunteers shall be at least 21 years of age.

B. CASA volunteers shall have the ability to communicate effectively, both orally and in writing, to prepare court reports and to provide testimony.

C. CASA volunteers shall possess mature judgment, a high degree of responsibility and sufficient time to assist in advocating for the best interests of the child.

D. CASA volunteers shall be able to relate to persons of different cultures, ethnic backgrounds and socioeconomic status.

History

• Statutory Authority: §§ 9.1-151 and 9.1-153 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 4.1, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997.

6VAC20-160-100 Screening

A. Prior to being sworn in, CASA volunteers shall successfully complete screening procedures, which, at a minimum, shall include a written application and personal interview.

B. Pursuant to § 9.1-153 of the Code of Virginia, the director shall obtain, with the approval of the court, a copy of each applicant's criminal history record or certification that no conviction data is maintained on him, in accordance with § 19.2-389 of the Code of Virginia; a copy of information from the central registry, maintained pursuant to § 63.2-1515 of the Code of Virginia, on any investigation of child abuse or neglect undertaken on him or certification that no such record is maintained on him. If the volunteer applicant has lived in another state within the past five years, the CASA program director shall also obtain a copy of his criminal history record and a copy of information from the central registry from that area. An applicant shall be rejected if he refuses to sign a release of information for appropriate law-enforcement checks.

C. The CASA program shall contact and obtain a response from three references provided by the CASA volunteer. References will speak to the character, judgment and suitability for the position of CASA volunteer.

D. Before the volunteer is sworn in, the director shall determine that the CASA volunteer is qualified under 6VAC20-160-90 and 6VAC20-160-120.

E. CASA volunteers shall successfully complete required training as set forth in 6VAC20-160-120.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 4.2, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008.

6VAC20-160-110 [Redesignated]

Historical Notes

Derived from VR240-04-3 § 4.3, eff. July 1, 1992, redesignated, Virginia Register Volume 14, Issue 5, eff. December 24, 1997.

Part V Training Guidelines for Volunteers

6VAC20-160-120 Training

A. To ensure that volunteers are fully prepared to perform their role as a CASA volunteer and to assume the accompanying responsibilities, each volunteer shall participate in a minimum of 30 hours of training prior to being accepted as a CASA volunteer and assigned cases. Credit may be given towards the 30 hours of training for any previous training obtained by a volunteer prior to application to a local CASA program if that program uses the NCASAA Training Curriculum and documentation of completion of the training is provided.

B. The initial training curriculum for a CASA volunteer should, at a minimum, include:

1. The delineation of the roles and responsibilities of a CASA volunteer focusing on the rationale for family preservation/permanency planning, discussion of the basic principles of advocacy, distinction between the appropriate and inappropriate activities for a CASA volunteer, level of commitment required of a CASA volunteer involved in a case and the performance expectations, review of the case assignment process and procedures, differentiation between the role of the CASA volunteer and other child welfare system personnel, and a comprehensive list of resources available and when and how to utilize these resources;

2. The obligation of confidentiality in CASA-related matters, proper recordkeeping techniques, and the scope of state and federal statutes on the confidentiality of records;

3. The dynamics of cultural diversity and the development of cultural sensitivity by the CASA volunteer;

4. The nature of child abuse and neglect, the impact of drugs and alcohol on the incidence of abuse, identification of the family conditions and patterns which lead to and perpetuate abuse and neglect, and instruction on how local departments of social services respond to and assess reports of abuse and neglect;

5. The general principles and concepts of child and family development;

6. Concepts of separation and loss, the role of foster care and permanency planning in the context of state law with consideration of the state's position on family preservation, family reunification and alternative permanent plans for a child who cannot be returned to the home;

7. Basic communication and interview skills, with guidelines for dealing with sensitive issues and the interaction between the CASA volunteer and parties to a case, and practice in conducting interviews and writing reports;

8. The juvenile court process which should include an outline of the various types of court proceedings, what transpires at each proceeding, the CASA volunteer's role, who to contact when there is a question about the court process, a glossary of legal terminology, how to prepare for a hearing, and how to prepare a report for the court;

9. The development of advocacy skills, such as negotiation and conflict management, and how they may be used by the CASA volunteer to improve the conditions for a child; and

10. The development of a general understanding of the codes of ethics of other professionals with whom the CASA volunteer will be working.

C. The initial training program shall provide an opportunity for the volunteer to observe actual court proceedings similar to those in which he would be involved as a CASA volunteer. This observation is above and beyond the hours included in the initial training.

D. CASA volunteers in training should be provided an opportunity to visit community agencies and institutions relevant to their work as a volunteer.

E. The CASA program shall provide volunteers in training with the following written materials:

1. Copies of pertinent laws, regulations, and policies;

2. A statement of commitment form clearly stating the minimum expectations of the volunteer once trained; and

3. A training manual which is easy to update and revise.

F. Trainers and faculty for the initial training program and any ongoing training or continuing education shall be persons with substantial knowledge, training and experience in the subject matter which they present and should also be competent in the provision of technical training to lay persons.

G. CASA program staff and others responsible for the initial training program should be attentive to the participation and progress of each trainee and be able to objectively evaluate his abilities according to criteria developed by the CASA program for that purpose. CASA directors should use the Comprehensive Training Curriculum for CASA from the NCASAA and training curricula developed within the state as a reference in designing and developing their training program.

H. The CASA program shall make available a minimum of 12 hours of in-service training annually for volunteers who are accepted into the program. These in-service programs should be designed and presented to maintain and improve the volunteer's level of knowledge and skill. Special attention shall be given to informing volunteers of changes in the law, local court procedures, the practices of other agencies involved, CASA program policies and developments in the fields of child development, child abuse and child advocacy.

I. CASA volunteers shall complete 12 hours of continuing education annually as approved by the director. This continuing education may be in-service programs provided directly by the CASA program, or in conjunction with another agency or agencies, or may be through an outside agency, through print or electronic media, or from other sources. All training not conducted or sponsored by the CASA program must be reviewed and approved by the CASA director for its suitability for the continuing education of CASA volunteers, and the amount of continuing education credit that is appropriate.

History

• Statutory Authority: § 9.1-151 of the Code of Virginia.
• Historical Notes: Derived from VR240-04-3 § 5.1, eff. July 1, 1992; amended, Virginia Register Volume 14, Issue 5, eff. December 24, 1997; Volume 25, Issue 2, eff. October 29, 2008.

Chapter 172 Regulations Relating to Private Security Services Businesses

Part I Definitions

6VAC20-172-10 Definitions

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in 6VAC20-174.

"Firm" means a business entity, regardless of method of organization, applying for an initial or renewal private security services business license or private security services training school certification.

"Incident" means an event that exceeds the normal extent of one's duties.

"Independent contractor" means a self-employed personal protection specialist or a private investigator who (i) maintains comprehensive liability insurance in an amount fixed by the department, (ii) has been issued a registration by the department, and (iii) enters into a contract to perform work for a private security business licensed to provide services within the Commonwealth.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Licensed firm" means a business entity, regardless of method of organization, that holds a valid private security services business license issued by the department.

"Licensee" means a licensed private security services business.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Physical address" means the location of the building that houses a private security services business or training school or the location where the individual principals of a business reside. A post office box is not a physical address.

"Principal" means any sole proprietor, individual listed as an officer or director with the Virginia State Corporation Commission, board member of the association, or partner of a licensed firm or applicant for licensure.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, a locksmith, central station dispatcher, electronic security employee, an electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"This chapter" means the Regulations Relating to Private Security Services Businesses (6VAC20-172).

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 34, Issue 5, eff. December 1, 2017.

Part II Application Fees

6VAC20-172-20 Application fees

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for licensing, certification, and other administrative requests for services relating to private security services.

| CATEGORIES | FEES | | --- | --- | | Fingerprint processing | $50 | | Initial business license - 1-year license | $550 | | Initial business license - 2-year license | $800 | | Business license renewal - 2-year license | $500 | | Business license category | $50 | | Initial compliance agent certification | $50 | | Compliance agent certification renewal | $25 | | Regulatory compliance - entry-level training | $75 | | Regulatory compliance - in-service training | $50 |

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for license or certification renewal applications not received on or before the expiration date of the expiring license or certification.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the license, certification, or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the license, certification, or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or licensee may request that the suspended license, certification, or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part III Criminal History Records Search

6VAC20-172-30 Fingerprint processing

A. On or before the first date of hire, each person applying for licensure as a private security services business, including principals, supervisors, and electronic security employees or for certification as a compliance agent 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 or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial. The compliance agent will also be notified in writing by DCJS that the applicant has been denied.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for licenses and certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part IV Business License Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-172-40 Initial business license application

A. Prior to the issuance of a private security services business license, the applicant shall meet or exceed the requirements of licensing and application submittal to the department as set forth in this section.

B. Each person seeking a license shall file a completed application provided by the department including:

1. For each principal and supervisor of the applying business and for each electronic security employee of an electronic security services business, his fingerprints pursuant to this chapter;

2. A certificate of insurance reflecting the department as a certificate holder and showing a policy of comprehensive general liability insurance in the minimum coverage amount of $1 million of general aggregate liability insurance issued by an insurance company authorized to do business in Virginia.

a. Every personal protection specialist and private investigator who has been issued a registration by the department and is hired as an independent contractor by a licensed private security services business shall maintain comprehensive general liability insurance in the minimum coverage amount of $1 million of general aggregate liability insurance; and

b. Documentation verifying the personal protection specialist or private investigator has obtained the required insurance shall be provided to the private security services business prior to the hiring of such independent contractor;

3. For each nonresident applicant for a license, on a form provided by the department, a completed irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth;

4. For each applicant for a license except a sole proprietor or partnership, the identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth;

5. A physical address in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department. A post office box is not a physical address;

6. On the license application, designation of at least one individual as compliance agent who is certified or eligible for certification;

7. The applicable, nonrefundable license application fee; and

8. Designation on the license application of the type of private security business license the applicant is seeking. The initial business license fee includes one category. A separate fee will be charged for each additional category. The separate categories are identified as follows: (i) security officers/couriers (armed and unarmed), (ii) private investigators, (iii) electronic security personnel, (iv) armored car personnel, (v) personal protection specialists, (vi) locksmiths, and (vii) detector canine handlers and security canine handlers. Alarm respondents crossover into both the security officer and electronic security category; therefore, if an applicant is licensed in either of these categories, he can provide these services without an additional category fee.

C. Upon completion of the initial license application requirements, the department may issue an initial license for a period not to exceed 24 months.

D. The department may issue a letter of temporary licensure to businesses seeking licensure under § 9.1-139 of the Code of Virginia for not more than 120 days while awaiting the results of the state and national fingerprint search conducted on the principals and compliance agent of the business, provided the applicant has met the necessary conditions and requirements.

E. A new license is required whenever there is any change in the ownership or type of organization of the licensed entity that results in the creation of a new legal entity. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

F. Each license shall be issued to the legal business entity named on the application, whether it is a sole proprietorship, partnership, corporation, or other legal entity, and shall be valid only for the legal entity named on the license. No license shall be assigned or otherwise transferred to another legal entity.

G. Each licensee shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

H. Each licensee shall be a United States citizen or legal resident alien of the United States.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 34, Issue 5, eff. December 1, 2017; Volume 35, Issue 5, eff. November 28, 2018.

6VAC20-172-50 Renewal business license application

A. Applications for license 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 licensee. However, if a renewal notification is not received by the licensee, it is the responsibility of the licensee to ensure renewal requirements are filed with the department. License renewal applications must be received by the department and all license requirements must be completed prior to the expiration date or shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of said renewal.

B. Licenses will be renewed for a period not to exceed 24 months.

C. The department may renew a license when the following are received by the department:

1. A properly completed renewal application;

2. A certificate of insurance reflecting the department as a certificate holder and showing a policy of comprehensive general liability insurance in the minimum coverage amount of $1 million general aggregate issued by an insurance company authorized to do business in Virginia.

a. Every personal protection specialist and private investigator who has been issued a registration by the department and is hired as an independent contractor by a licensed private security services business shall maintain comprehensive general liability insurance in the minimum coverage amount of $1 million of general aggregate liability insurance; and

b. Documentation verifying the personal protection specialist or private investigator has obtained the required insurance shall be provided to the private security services business prior to the hiring of such independent contractor;

3. Fingerprint records for any new or additional principals submitted to the department within 30 days of their hire date provided, however, that any change in the ownership or type of organization of the licensed entity has not resulted in the creation of a new legal entity;

4. On the application, designation of at least one compliance agent who has satisfactorily completed all applicable training requirements;

5. The applicable, nonrefundable license renewal fee and applicable category of service fees; and

6. On the first day of employment, each new and additional supervisor's fingerprints submitted to the department pursuant to § 9.1-139 I of the Code of Virginia.

D. Each business applying for a license renewal shall be in good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field. This subsection shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

E. Any renewal application received after the expiration date of a license shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

F. On the renewal application the licensee must designate the type of private security business license he wishes to renew. The fee will be based upon the category selected on the renewal application.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 34, Issue 5, eff. December 1, 2017; Volume 35, Issue 5, eff. November 28, 2018.

6VAC20-172-60 General requirements

All private security services licensed businesses are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-70 Business administrative requirements

A licensee shall:

1. Maintain at all times with the department its physical address in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department, the physical address of all locations in Virginia utilized by the licensee in which regulated services are offered, and email address if applicable. A post office box is not a physical address. Notification of any change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Maintain at all times with the department its current operating name and all fictitious names. Any name change reports shall be submitted in writing within 10 days after the occurrence of such change and accompanied by certified true copies of the documents that establish the name change.

3. Report in writing to the department any change in its ownership or principals that does not result in the creation of a new legal entity. Such written report shall be received by the department within 30 days after the occurrence of such change to include fingerprint cards pursuant to this chapter.

4. Report in writing to the department any change in the entity of the licensee that results in continued operation requiring a license. Such written report shall be received by the department within 10 days after the occurrence of such change.

5. Maintain at all times current liability coverage at least in the minimum amounts prescribed by the application requirements of this chapter. Each day of uninsured activity would be construed as an individual violation of this requirement.

6. Maintain at all times with the department a completed irrevocable consent for service if the licensee is not a resident of the Commonwealth of Virginia. Licensees that move their business from the Commonwealth shall file a completed irrevocable consent for services within 15 days of the change in location.

7. Employ at all times at least one individual designated as a compliance agent who is in good standing and is certified pursuant to this chapter. In the event there is more than one compliance agent designated for the business, designate one as the primary compliance agent and point of contact.

8. Maintain at all times and for a period of not less than three years from the date of termination of employment the following documentation concerning all regulants: documentation or electronic images of the date of hire in the regulated category; documentation that the fingerprint processing application was submitted on the date of hire; verification that the employee is a United States citizen or legal resident alien and is properly registered or certified and trained; and current physical and mailing addresses for all regulated employees and telephone numbers if applicable.

9. Upon termination of employment of a certified compliance agent, notify the department in writing within 10 calendar days. This notification shall include the name of the individual responsible for the licensee's adherence to applicable administrative requirements and standards of conduct during the period of replacement.

10. Within 90 days of termination of employment of the sole remaining compliance agent, submit the name of a new compliance agent who is eligible for certification. Individuals not currently eligible may pursue certification pursuant to this chapter. This notification shall be in writing and signed by a principal of the business and the designated compliance agent.

11. Prominently display at all times for public inspection, in a conspicuous place where the public has access, the business license issued by the department.

12. Ensure that all individuals submit fingerprint cards pursuant to this chapter and as required by the Code of Virginia.

13. Inform the department in writing within 10 days of receiving knowledge of any principal, partner, officer, or compliance agent regulated by this chapter or any employee regulated or required to be regulated by the board, pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

14. Inform the department in writing within 10 days of receiving knowledge of any principal, licensee, subsidiary, partner, officer, or compliance agent regulated by this chapter, or any employee regulated or required to be regulated by the board, having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

15. On a form provided by the department and within 10 calendar days of receiving knowledge of an incident, submit a report of any incident in which any registrant has discharged a firearm while on duty, excluding any training exercise.

16. In the event a complaint against the licensee is received by the department, be required to furnish documentary evidence (written agreement) of the terms agreed to between licensee and client, which shall include at a minimum the specific scope of services and fees assessed for such services. The licensee shall retain a copy for a period of not less than three years from completion of said agreement.

17. Not fail to honor the terms and conditions of a warranty or written agreement.

18. In the event a licensee sells or otherwise transfers the ownership of a monitoring agreement of an electronic security customer in Virginia, notify the end user, in writing, within 30 days of the transfer of monitoring services. No licensee shall sell or otherwise transfer to an entity not licensed in Virginia.

19. Ensure that all employees regulated by the board carry a department issued registration card or temporary registration letter along with a photo identification while on duty.

20. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.

21. Maintain a written use of force policy dictating the business' policy for using deadly force and for use of less lethal force. A statement certifying that the employee has read and understands the business' use of force policy must be signed by each employee who is permitted to carry firearms or intermediate weapons and maintained in the employee's file.

22. Maintain records for individual employees permitted to carry intermediate weapons while on duty to verify training in the use of the permitted intermediate weapons.

23. Maintain at all times and for a period of not less than three years from the date of termination, decertification, or other separation records of detector canine handler team certifications to include a photo of detector canine teams utilized to provide regulated private security services.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-80 Business standards of conduct

A licensee shall:

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

2. Ensure that all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter.

3. Not direct any employee regulated or required to be regulated by the board to engage in any acts prohibited by the Code of Virginia, 6VAC20-174, and this chapter.

4. Employ individuals regulated or required to be regulated as follows:

a. A licensee shall employ or otherwise utilize individuals possessing a valid registration issued by the department showing the registration categories required to perform duties requiring registration pursuant to the Code of Virginia;

b. A licensee shall not allow individuals requiring registration as armored car personnel, armed security officers/couriers, armed alarm respondents with firearm endorsement, private investigators, personal protection specialists, detector canine handlers, or security canine handlers to perform private security services until such time as the individual has been issued a registration by the department;

c. A licensee may employ individuals requiring registration as an unarmed alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed armored car driver, an unarmed security officer, or an electronic security technician's assistant for a period not to exceed 90 consecutive days in any registered category listed in this subdivision 4 c while completing the compulsory minimum training standards as set forth in 6VAC20-174 provided:

(1) The individual's fingerprint card has been submitted;

(2) The individual is not employed in excess of 120 days without having been issued a registration from the department; and

(3) The individual did not fail to timely complete the required training with a previous employer;

d. A licensee shall not employ any individual carrying or having access to a firearm in the performance of his duties who has not obtained a valid registration and firearms endorsement from the department; and

e. A licensee shall maintain appropriate documentation to verify compliance with these requirements. A licensee shall maintain these documents after employment is terminated for a period of not less than three years.

5. Not contract or subcontract any private security services in the Commonwealth of Virginia to a person not licensed by the department. Verification of a contractor's or subcontractor's license issued by the department shall be maintained for a period of not less than three years.

6. Enter into contracts with self-employed personal protection specialists and private investigators to work as independent contractors in accordance with § 9.1-144 of the Code of Virginia and require documentation verifying the personal protection specialist or private investigator has obtained the required insurance in accordance with 6VAC20-172-40 and 6VAC20-172-50 prior to the hiring of such independent contractor.

7. Ensure that the compliance agent conforms to all applicable application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

8. Permit the department during regular business hours to inspect, review, or copy those documents, electronic images, business records, or training records that are required to be maintained by the Code of Virginia and this chapter.

9. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter.

10. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.

11. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms. 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.

12. Not obtain or aid and abet others to obtain a license, license renewal, registration, registration renewal, certification, certification renewal, or firearms endorsement through any fraud or misrepresentation.

13. Include the business license number issued by the department on all business advertising materials pursuant to the Code of Virginia. Business advertising materials containing information regarding more than one licensee must contain the business license numbers of each licensee identified.

14. Not conduct a private security services business in such a manner as to endanger the public health, safety, and welfare.

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

16. Not represent as one's own a license issued to another private security services business.

17. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

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

19. Utilize vehicles for private security services using or displaying an amber flashing light only as specifically authorized by § 46.2-1025 A 9 of the Code of Virginia.

20. Not use or display the state seal of Virginia or the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision of the Commonwealth, or any portion thereof, as a part of any logo, stationery, letter, training document, business card, badge, patch, insignia, or other form of identification or advertisement.

21. Not provide information obtained by the firm or its employees to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

22. Not engage in acts of unprofessional conduct in the practice of private security services.

23. Not engage in acts of negligent or incompetent private security services.

24. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

25. Not violate any state or local ordinance.

26. Satisfy all judgments to include binding arbitrations related to private security services not provided.

27. Not publish or cause to be published any material relating to private security services that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

28. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal law.

29. Not act as or be an ostensible licensee for undisclosed persons who do or will control directly or indirectly the operations of the licensee's business.

30. Not provide false or misleading information to representatives of the department.

31. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 34, Issue 5, eff. December 1, 2017.

Part V Compliance Agent Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-172-90 Compliance agent certification requirements

A. Each person applying for certification as compliance agent shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age; and

2. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as compliance agent shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant to this chapter; and

3. The applicable, nonrefundable application fee.

C. The department may issue a certification for a period not to exceed 24 months when the following are received by the department:

1. A properly completed application provided by the department;

2. The applicable, nonrefundable certification fee;

3. Verification of eligibility pursuant to § 9.1-139 A of the Code of Virginia; and

4. Verification of satisfactory completion of department regulatory compliance entry-level training requirements pursuant to this chapter.

D. Each compliance agent shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 35, Issue 5, eff. November 28, 2018.

6VAC20-172-100 Compliance agent certification renewal requirements

A. Applications for certification 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 or email address provided by the certified compliance agent. However, if a renewal notification is not received by the compliance agent, it is the responsibility of the compliance agent to ensure renewal requirements are filed with the department. Certification 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 compliance agent certification renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully apply on an application provided by the department and complete the in-service regulatory compliance agent classroom training session provided by the department, or successfully complete an approved online in-service training session pursuant to this chapter. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in private security services or a related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

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

2. The applicable, nonrefundable certification renewal fee; and

3. Verification of satisfactory completion of department regulatory compliance agent in-service training.

E. Any renewal application received after the expiration date of a certification shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-110 Compliance agent regulatory compliance training requirements

A. Each eligible person applying to attend a regulatory compliance entry-level or in-service training session provided by the department shall file with the department:

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

2. The applicable, nonrefundable application fee.

Upon receipt of the training enrollment application the department will assign the applicant to a training session provided by the department. Applicants for initial certification as a compliance agent must achieve a minimum passing score of 80% on the entry-level regulatory compliance training examination.

B. Department entry-level regulatory compliance training must be completed within 12 months of approval of application for an initial compliance agent certification.

C. Each person certified by the department to act as a compliance agent shall complete the department in-service regulatory compliance training within the last 12-month period of certification.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-120 Compliance agent administrative requirements and standards of conduct

Private security services certified compliance agents are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. A compliance agent 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 and email address if applicable. Written notification of any change of address shall be received by the department no later than 10 days after the effective date of the change.

3. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-173, 6VAC20-174, or this chapter.

4. Not commit any act or omission that results in a private security license or registration being suspended, revoked, or not renewed, or the licensee or registrant otherwise being disciplined in any jurisdiction.

5. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms. 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.

6. Inform the department, and the licensee for which the individual is designated as compliance agent if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

7. Inform the department, and the licensee for which the individual is designated as compliance agent if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

9. Be designated with the department as compliance agent for a licensee and shall:

a. Ensure that the licensee and all employees regulated or required to be regulated by the board conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia, 6VAC20-174, and this chapter;

b. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter;

c. Notify the department in writing within 10 calendar days following termination of his employment as compliance agent for the licensee;

d. Ensure that all employees regulated by the board carry a department-issued registration card or temporary registration letter along with a photo identification while on duty; and

e. Ensure that all regulated employees authorized to provide private security services while completing compulsory minimum training standards pursuant to § 9.1-139 H of the Code of Virginia carry a photo identification along with an authorization form provided by the department while on duty.

10. Not engage in acts of unprofessional conduct in the practice of private security services.

11. Not engage in acts of negligent or incompetent private security services.

12. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

13. Satisfy all judgments to include binding arbitrations related to private security services not provided.

14. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

15. Not conduct private security business under a fictitious or assumed name unless the name is on file with the Department of Criminal Justice Services. This does not apply to a private investigator conducting a "pretext," provided that the private investigator does not state that he is representing a private security business that does not exist or otherwise prohibited under federal laws.

16. Not violate any state or local ordinances related to private security services.

17. Not provide false or misleading information to representatives of the department.

18. Not use access to the department's database information for any other purpose than verifying employee's application status.

19. Not allow another to use access granted to the department's database for any purpose.

20. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VI Reinstatement and Renewal Extensions

6VAC20-172-130 Reinstatement

A. Any business license or compliance agent certification not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be licensed or certified with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the license or certification in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid certification or license, including during the reinstatement period.

C. No license or certification shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license or certification. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a license or certification is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the license or certification.

F. An applicant who reinstates shall be regarded as having been continuously licensed or certified without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his license or certification shall be regarded as unlicensed or uncertified from the expiration date of the license or certification forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the law or regulations during the period of time for which the person was licensed or certified.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-140 Renewal extension

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel or businesses to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services business for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual or principal of a licensed entity prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person or business will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person or business.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person or business shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VII Sanctions; Exemptions; Recognition and Reciprocity

6VAC20-172-150 Denial, probation, suspension, and revocation

A. The department may deny a license or certification in which any person or principal of an applying business has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms. 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 license or certification in which any person or principal of an applying business (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing, registration, or certification 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. The department may deny licensure or certification for other just cause.

E. A licensee or compliance agent 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.

F. If a registrant or certified person is subject to disciplinary action for violations or noncompliance with the Code of Virginia, 6VAC20-174, or this chapter, the department will notify the last known licensed private security services business by which the registrant or certified person was employed or affiliated.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-160 Exemptions; recognition and reciprocity

A. The department may grant a temporary exemption from the requirements for licensing or certification for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for licensing or certification based on agreements that have been entered into with other states and approved by the board.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VIII Complaints; Department Action and Sanctions; Adjudication

6VAC20-172-170 Complaint submittal requirements

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any individual, person, firm, or licensed firm whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or that may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-180 Department investigation

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-190 Disciplinary action; sanctions; publication of records

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of license, certification, or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a license, certification, or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid license or certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a license or certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the licensee or certified person would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, licensees, firms, compliance agents, and licensed firms whose conduct and activities are subject to this chapter and have been sanctioned or denied licensure, certification, or approval.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-200 Fines; administrative and investigative costs

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any license or certification. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-210 Hearing process

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-220 Informal fact-finding conference

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-230 Formal hearing

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any license, certification, or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such license, certification, or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-240 Appeals

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-172-250 Court review; appeal of final agency order

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to the direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Chapter 173 Regulations Relating to Private Security Services Training Schools

Part I Definitions

6VAC20-173-10 Definitions

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Assistant training school director" means a certified instructor designated by a private security training school director to submit training school session notifications and training rosters and perform administrative duties in lieu of the director.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Certified training school" means a training school that is certified by the department for the specific purpose of training private security services business personnel in at least one category of the compulsory minimum training standards as set forth by the board.

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Entry-level training" means the compulsory initial training for regulated categories and basic or intermediate firearms training standards adopted by the board for private security services business personnel who are either new registrants or failed to timely complete in-service training or firearms retraining within the prescribed time period.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in 6VAC20-174.

"Firm" means a business entity, regardless of method of organization, applying for an initial or renewal private security services business license or private security services training school certification.

"Incident" means an event that exceeds the normal extent of one's duties.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include but are not limited to baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification.

"Learning management system" or "LMS" means a software application or web-based technology used to plan, implement, monitor, and assess a specific learning process.

"Network administrator" means an individual designated by a certified training school that provides online training who serves as the technical contact between the department and the certified training school.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Online training" means training approved by the department and offered via the Internet or an Intranet for the purpose of remote access on-demand or distance training that meets all requirements for compulsory minimum training standards.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Physical address" means the location of the building that houses a private security services business or training school or the location where the individual principals of a business reside. A post office box is not a physical address.

"Principal" means any sole proprietor, individual listed as an officer or director with the Virginia State Corporation Commission, board member of the association, or partner of a licensed firm, or applicant for licensure.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, an armed security officer/courier, an armored car personnel, a security canine handler, a detector canine handler, a private investigator, a personal protection specialist, an alarm respondent, locksmith, a central station dispatcher, an electronic security employee, an electronic security sales representative, an electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this article and in accordance with §§ 9.1-141, 9.1-150.2, 9.1-185.2, and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Training Schools (6VAC20-173).

"Training certification" means verification of the successful completion of any training requirement established by the board.

"Training requirement" means any entry level, in-service, or firearms training or retraining standard established by the board.

"Training school director" means a natural person designated by a principal of a certified private security services training school to assure the compliance of the private security services training school with all applicable requirements as provided in the Code of Virginia and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part II Application Fees

6VAC20-173-20 Application fees

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for certification and other administrative requests for services relating to private security services.

| CATEGORIES | FEES | | --- | --- | | CRIMINAL HISTORY RECORDS CHECK | | | Fingerprint processing | $50 | | CERTIFICATIONS | | | Initial training school | $800 | | Training school renewal | $500 | | Training school category | $50 | | Initial instructor certification | $50 | | Instructor certification renewal | $25 | | Instructor certification category | $10 | | Initial detector canine handler examiner certification | $50 | | Detector canine handler examiner certification renewal | $25 | | Replacement card | $20 | | TRAINING RELATED | | | Entry-level training exemption | $25 | | In-service training alternative credit evaluation | $25 | | Training completion roster form | $30 |

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for certification renewal applications not received on or before the expiration date of the expiring certification.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the certification or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the certification or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person may request that the suspended certification or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part III Criminal History Records Search

6VAC20-173-30 Fingerprint processing

A. On or before the first date of hire, each person applying for certification as a private security services training school, a detector canine handler examiner, or an instructor 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 or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

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

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part IV Training School Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-40 Initial training school application

A. Prior to the issuance of a training school certification, the applicant shall meet or exceed the requirements of certification and application submittal to the department as set forth in this section.

B. Each person seeking certification as a private security services training school shall file a completed application provided by the department to include:

1. For each principal of the applying training school, the principal's fingerprints pursuant to this chapter;

2. A certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. For each nonresident applicant for a training school, on a form provided by the department, a completed irrevocable consent for the department to serve as service agent for all actions filed in any court in this Commonwealth;

4. For each applicant for certification as a private security services training school except a sole proprietor and partnership, on a certification application provided by the department, the identification number issued by the Virginia State Corporation Commission for verification that the entity is authorized to conduct business in the Commonwealth;

5. A physical location in Virginia where records required to be maintained by the Code of Virginia and this chapter are kept and available for inspection by the department. A post office box is not a physical location;

6. On the training school certification application, designation of at least one individual as training director who is not designated as training director for any other training school, and who is certified as an instructor pursuant to this chapter. A maximum of four individuals may be designated as an assistant training school director;

7. A copy of the curriculum in course outline format for each category of training to be offered, including the hours of instruction with initial and in-service courses on separate documents;

8. A copy of the training school regulations;

9. A copy of the range regulations to include the assigned DCJS range identification number if firearms training will be offered;

10. On the certification application, selection of the category of training the applicant is seeking to provide. The initial training school certification application fee includes one category. A separate fee will be charged for each additional category of training. The separate categories are identified as follows: (i) security officers/couriers/alarm respondents (armed and unarmed) to include arrest authority, (ii) private investigators, (iii) locksmiths and electronic security personnel to include central station dispatchers, (iv) armored car personnel, (v) personal protection specialists, (vi) detector canine handlers and security canine handlers, (vii) special conservators of the peace pursuant to § 9.1-150.1 of the Code of Virginia, (viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia and bail enforcement agents pursuant to § 9.1-186 of the Code of Virginia, and (ix) firearms;

11. The applicable, nonrefundable category fee; and

12. The applicable, nonrefundable training school certification application fee.

C. When the department has received and processed a completed application and accompanying material, the department may inspect the training facilities, including an inspection of the firearms range, if applicable, to ensure conformity with the minimum requirements set forth in 6VAC20-174 and this chapter.

D. Upon completion of the initial training school application requirements, the department may issue an initial certification for a period not to exceed 24 months.

E. The department may issue a letter of temporary certification to training schools for not more than 120 days while awaiting the results of the state and national fingerprint search conducted on the principals and training director of the business, provided that the applicant has met the necessary conditions and requirements.

F. A new certification is required whenever there is any change in the ownership or type of organization of the certified entity that results in the creation of a new legal entity. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Formation or dissolution of a corporation, a limited liability company, or an association or any other business entity recognized under the laws of the Commonwealth of Virginia.

G. Each certification shall be issued to the legal entity named on the application, whether it is a sole proprietorship, partnership, corporation, or other legal entity, and shall be valid only for the legal entity named on the certification. No certification shall be assigned or otherwise transferred to another legal entity.

H. Each certified training school shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 35, Issue 5, eff. November 28, 2018.

6VAC20-173-50 Renewal training school application

A. Applications for certification 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 or email address provided by the certified training school. However, if a renewal notification is not received by the training school, it is the responsibility of the training school to ensure renewal requirements are filed with the department. Certification renewal applications received by the department after the expiration date shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of said renewal.

B. Upon completion of the renewal training school application requirements, the department may issue a renewal certification for a period not to exceed 24 months.

C. The department may renew a certification when the following are received by the department:

1. A properly completed renewal application;

2. A certificate of insurance reflecting the department as a certificate holder, showing a policy of comprehensive general liability insurance with a minimum coverage of $100,000 per individual occurrence and $300,000 general aggregate issued by an insurance company authorized to do business in Virginia;

3. On the application, designation of at least one certified instructor as training director who has satisfactorily completed all applicable training requirements;

4. Fingerprints for each new and additional principal pursuant to § 9.1-139 H of the Code of Virginia;

5. The applicable, nonrefundable certification renewal fee and category fees; and

6. Any documentation required for any new categories of training.

D. Each training school applying for a certification renewal shall be in good standing in every jurisdiction where licensed, registered, or certified in private security services or related field. This subsection shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

E. Any renewal application received after the expiration date of a certification shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 35, Issue 5, eff. November 28, 2018.

6VAC20-173-60 General requirements

All private security services certified training schools are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-70 Training school administrative requirements

A training school shall:

1. Maintain at all times with the department its physical address and email address if applicable. A post office box is not a physical address. Notification of any change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Employ at all times one individual designated as training director who is currently certified as an instructor pursuant to this chapter and who is not currently designated as training director for another training school. A training school may designate a maximum of four individuals as assistant training school directors.

3. Upon termination of the services of a certified instructor, notify the department in writing within 10 calendar days. Should the instructor also be designated as the training director for the training school, this notification shall include the name of the instructor responsible for the training school's adherence to applicable administrative requirements and standards of conduct during the period of training director replacement.

4. Within 90 days of termination of employment of the sole remaining training director, submit the name of a new instructor eligible for designation pursuant to this chapter and who is not currently designated for another training school. Individuals not currently eligible may pursue certification pursuant to this chapter. Such notification shall be in writing and signed by a principal of the training school and the designated training director.

5. Notify the department in writing of any certified instructors or subject matter specialists eligible to provide instruction at the training school. The notification shall be received by the department prior to the individual conducting any training for the training school and signed by the training school director and the designated instructor or subject matter specialist.

6. Prominently display at all times, in a conspicuous place where the public has access, the training school certification issued by the department.

7. Maintain at all times current liability coverage at least in the minimum amounts prescribed by the application requirements of this chapter. Each day of uninsured activity would be construed as an individual violation of this requirement.

8. Inform the department in writing within 10 days of any principal, partner, officer, instructor, or employee regulated or required to be regulated by this chapter pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

9. Inform the department in writing within 10 days of any principal, partner, officer, instructor, or employee regulated or required to be regulated by this chapter having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

10. Report in writing to the department any change in its ownership or principals that does not result in the creation of a new legal entity. Such written report shall be received by the department within 10 days after the occurrence of such change to include fingerprint cards submitted pursuant to this chapter.

11. Maintain at all times with the department its current operating name and fictitious names. Any name change reports shall be submitted in writing within 10 days after the occurrence of such change and accompanied by certified true copies of the documents that establish the name change.

12. Report in writing to the department any change in the entity of the training school that results in continued operation requiring a certification. Such written report shall be received by the department within 10 days after the occurrence of such change.

13. Maintain written authorization from the department for any subject matter specialists being used to provide instruction.

14. Develop lesson plans for each training curriculum and subject being offered in accordance with the topical outlines submitted to the department to include hours of instruction as set forth in 6VAC20-174.

15. Maintain comprehensive and current lesson plans for each entry level training curriculum and subject being offered.

16. Maintain comprehensive and current lesson plans for each in-service training curriculum and subject being offered.

17. Maintain comprehensive and current lesson plans for each firearms training curriculum and subject being offered.

18. Date all lesson plans and handout material, including the initial date of development and subsequent revisions.

19. Ensure that current copies of the following requirements are provided to and maintained with the department, including:

a. A list of all training locations used by the training school, excluding hotel or motel facilities;

b. A list of all firing range names and locations;

c. A list of all subject matter specialists currently employed or otherwise utilized; and

d. Copies of current topical outlines for all lesson plans and curriculums. The lesson plans and subsequent course outlines shall include (i) specific reference to the course content involving the Code of Virginia, 6VAC20-174, and this chapter and (ii) the hours of instruction.

20. Ensure that range qualification for all firearms training is completed pursuant to the requirements set forth in 6VAC20-174 except with written authorization from the department.

21. On a form provided by the department and within 10 calendar days of an incident, submit a report of any incident in which any instructor, student, or employee has discharged a firearm while on duty, excluding any training exercise.

22. Not act as or be a certified training school for undisclosed persons who directly or indirectly control the operation of the training school.

23. Inform the department and compliance agent of the employing business if applicable, in a format prescribed by the department, within seven days of any person regulated by the board who fails to requalify with a minimum passing score on the range.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-80 Training school standards of conduct

A training school shall:

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

2. Ensure that the owners, principals, training directors, and all instructors employed by the training school conform to all applicable application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

3. Utilize only certified instructors or other individuals eligible to provide instruction pursuant to this chapter in the conduct of private security training sessions.

4. Maintain current files that include copies or electronic images of attendance records, a master final examination, pass/fail recording of examination and firearms qualification scores, training completion rosters, and training completion forms for each student for three years from the date of the training session in which the individual student was enrolled.

5. Permit the department during regular business hours to inspect, review, or copy those documents, electronic images, business records, or training records that are required to be maintained by the Code of Virginia and this chapter.

6. Permit the department to inspect and observe any training session. Certified training schools that conduct training sessions not located within Virginia may be required to pay the expenses of inspection and review.

7. Include the training school certification number issued by the department on all business advertising materials pursuant to the Code of Virginia.

8. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

9. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

10. Ensure that the owners, principals, training directors, and all instructors employed by the training school have not been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms. 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.

11. Not obtain or aid and abet others to obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

12. Conduct entry-level and in-service training sessions separately. In-service subjects and curriculums may not be incorporated or included as a part of the entry-level subjects and curriculums unless otherwise authorized by the department.

13. Not conduct a private security services training school in such a manner as to endanger the public health, safety, and welfare.

14. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

15. Not represent as one's own a certification issued to another private security services training school.

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

17. Not use or display the state seal of Virginia, or any portion thereof, as a part of any logo, stationery, business card, badge, patch, insignia, or other form of identification or advertisement.

18. Not use or display the seal of the Department of Criminal Justice Services, or any portion thereof, or the seal of any political subdivision of the Commonwealth, or any portion thereof, as a part of the training school's logo, stationery, letter, training document, business card, badge, patch, insignia, or other form of identification or advertisement.

19. Not engage in acts of unprofessional conduct in the practice of private security services.

20. Not engage in acts of negligent or incompetent private security services.

21. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

22. Not violate any state or local ordinances related to private security services.

23. Satisfy all judgments to include binding arbitrations related to private security services not provided.

24. Not publish or cause to be published any material relating to private security services that contains an assertion, representation, or statement of fact that is false, deceptive, or misleading.

25. Not provide false or misleading information to representatives of the department.

26. Not act as or be an ostensible certified training school for undisclosed persons who do or will control directly or indirectly the operations of the training school.

27. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part V Instructor Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-90 Initial instructor application

A. Each person applying for certification as an instructor shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have a high school diploma or equivalent (GED);

3. Have either (i) successfully completed a DCJS instructor development course within the three years immediately preceding the date of the application or submitted a waiver application for an instructor development course that meets or exceeds standards established by the department or (ii) successfully completed an approved DCJS instructor development program longer than three years prior to the date of application and provided documented instruction during the three years immediately preceding or provided documented instruction in a related field at an institution of higher learning;

4. Have a minimum of (i) three years management or supervisory experience with a private security services business; with any federal, military police, state, county, or municipal law-enforcement agency; or in a related field; (ii) five years general experience in a private security services business; with a federal, state or local law-enforcement agency; or in a related field; or (iii) one year experience as an instructor or teacher at an accredited educational institution or agency in the subject matter for which certification is requested or in a related field;

5. Have previous training and a minimum of two years work experience for those subjects in which certification is requested; and

6. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as an instructor shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant to this chapter;

3. Official documentation verifying that the applicant meets the minimum eligibility requirements pursuant to this section;

4. On the certification application, selection of the category of training the applicant is seeking to provide. The initial instructor certification fee includes one category. A separate fee will be charged for each additional category of training. The separate categories are identified as follows: (i) security officers/couriers/alarm respondent (armed and unarmed) to include arrest authority, (ii) private investigators, (iii) locksmiths and electronic security personnel to include central station dispatchers, (iv) armored car personnel, (v) personal protection specialists, (vi) detector canine handlers and security canine handlers, (vii) special conservators of the peace pursuant to § 9.1-150.1 of the Code of Virginia, (viii) bail bondsmen pursuant to § 9.1-185 of the Code of Virginia and bail enforcement agents pursuant to § 9.1-186 of the Code of Virginia, and (ix) firearms;

5. The nonrefundable instructor certification application fee and category fee or fees if applicable; and

6. Evidence of status as a United States citizen or legal resident alien of the United States.

C. In addition to the instructor qualification requirements described in subsections A and B of this section, each applicant for certification as a firearms instructor shall submit to the department:

1. Official documentation that the applicant has successfully completed a DCJS firearms instructor school or a waiver application with supporting documentation demonstrating completion of a firearms instructor school specifically designed for law-enforcement or private security personnel that meets or exceeds standards established by the department within the three years immediately preceding the date of the instructor application.

2. Official documentation, in the form of a signed, dated range sheet with the qualification score and course of fire as prescribed in the firearms training requirements in 6VAC20-174, that the applicant has successfully qualified, with a minimum range qualification of 85%, with each of the following:

a. A revolver;

b. A semi-automatic handgun; and

c. A shotgun.

Firearms instructors applying to provide patrol rifle training must submit official documentation in the form of a signed, dated range sheet that the applicant has successfully qualified, with a minimum range qualification of 85%, with a patrol rifle.

Range qualifications must have been completed within the 12 months immediately preceding the instructor application date and have been completed at a Virginia criminal justice agency, training academy, correctional facility, or a department approved range utilized by a certified private security training school. The qualifications must be documented by another instructor certified as a law-enforcement firearms instructor or private security services firearms instructor.

The firearms instructor training must have been completed within the three years immediately preceding the date of the instructor application, or in the event that the school completion occurred prior to three years, the applicant shall have provided firearms instruction during the three years immediately preceding the date of the instructor application.

D. Upon completion of the initial instructor application requirements, the department may issue an initial certification for a period not to exceed 24 months.

E. The department may issue a letter of temporary certification to instructors for not more than 120 days while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements.

F. Each certification shall be issued to the individual named on the application and shall be valid only for use by that individual. No certification shall be assigned or otherwise transferred to another individual.

G. Each instructor shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-100 Renewal instructor application

A. Applications for certification 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 or email address provided by the certified instructor. However, if a renewal notification is not received by the instructor, it is the responsibility of the instructor to ensure renewal requirements are filed with the department. Certification 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 instructor certification renewal shall meet the minimum requirements for eligibility as follows:

1. Successfully complete a minimum of four hours of continuing education in instructor development. Training must be completed within the 12 months immediately preceding the expiration date of the current certification; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

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

2. The nonrefundable certification renewal fee and applicable category fees;

3. Any documentation required for any new categories of training;

4. Verification of satisfactory completion of instructor development continuing education requirements; and

5. For firearms instructors, official documentation in the form of a signed, dated range sheet along with the qualification score and course of fire as prescribed in the firearms training qualifications in 6VAC20-174, with a minimum range qualification of 85%, with each of the following:

a. A revolver;

b. A semi-automatic handgun; and

c. A shotgun.

Firearms instructors applying to provide patrol rifle training must submit official documentation in the form of a signed, dated range sheet that the applicant has successfully qualified, with a minimum range qualification of 85%, with a patrol rifle.

Range qualifications must have been completed within the 12 months immediately preceding the instructor application date and have been completed at a Virginia criminal justice agency, training academy, correctional facility, or a department approved range utilized by a certified private security training school. The qualifications must be documented by another instructor certified as a law-enforcement firearms instructor or private security services firearms instructor.

E. Any instructor renewal application received by the department shall meet all renewal requirements prior to the expiration date of a certification or shall be subject to the requirements set forth by the reinstatement provisions pursuant to this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-110 Instructor administrative requirements and standards of conduct

All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. An instructor 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 and email address if applicable. Notification of any address change shall be in writing and received by the department no later than 10 days after the effective date of the change.

3. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms. 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.

4. Inform the department, and the training school for which the individual is designated as an instructor if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

5. Inform the department, and the training school for which the individual is designated as instructor if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

6. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

7. Not commit any act or omission that results in a private security license, registration, or certification as defined in the § 9.1-138 of the Code of Virginia being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

8. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

9. Conduct training sessions pursuant to requirements established in this chapter.

10. Notify the department within 10 calendar days following termination of his employment as instructor for the training school.

11. Not engage in acts of unprofessional conduct in the practice of private security services.

12. Not engage in acts of negligent or incompetent private security services.

13. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

14. Not violate any state or local ordinances relating to private security services.

15. Maintain documentation of successful completion of a minimum of two hours of professional development for topics related to each category of instructor certification as established in this chapter during each certification period or successful completion of compulsory in-service training by another private security services certified instructor if also registered in the same categories.

16. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

17. Not provide false or misleading information to representatives of the department.

18. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

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

20. Report in writing to the training school director within 24 hours of any person regulated by the board who fails to requalify with a minimum passing score on the range.

21. Provide any person who fails to requalify with a minimum passing score on the range with a failure to requalify notice provided by the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-120 Designated training school director administrative requirements and standards

All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter. A training school director shall:

1. Ensure that the certified training school and all employees regulated or required to be regulated by this chapter conform to all application requirements, administrative requirements, and standards of conduct pursuant to the Code of Virginia and this chapter.

2. Conform to all application requirements, administrative requirements, and standards of conduct as a certified instructor pursuant to the Code of Virginia and this chapter.

3. Maintain documentation for all employees or persons otherwise utilized that verifies compliance with requirements pursuant to the Code of Virginia and this chapter.

4. Notify the department in writing within 10 calendar days following termination of his employment as training director for the certified training school.

5. Use access to the department's database information only for the purpose of verifying employed instructors' or students' application status.

6. Not allow another to use access granted to the department's database for any purpose.

7. Inform the department and compliance agent of the employing business if applicable, in a format prescribed by the department within seven days of any person regulated by the board, who fails to requalify with a minimum passing score on the range.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VI Detector Canine Handler Examiner Application Procedures; Administrative Requirements; Standards of Conduct

6VAC20-173-130 Initial detector canine handler examiner certification application

A. Each person applying for certification as a detector canine handler examiner shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Have a high school diploma or equivalent (GED);

3. Have a minimum of five years experience as a detector canine handler and a minimum of two years experience as a detector canine trainer within the previous 10 years prior to application with the department;

4. Have an active certification as a detector canine handler examiner or equivalent credential from a department-approved national organization, a unit of the United States military, or another formal entity; and

5. Be a United States citizen or legal resident alien of the United States.

B. Each person applying for certification as a detector canine handler examiner shall file with the department:

1. A properly completed application provided by the department;

2. Fingerprint card pursuant this chapter;

3. Official documentation according to subdivisions A 3 and A 4 of this section; and

4. The applicable, nonrefundable application fee.

C. Upon completion of the initial detector canine handler examiner application requirements, the department may issue an initial certification for a period not to exceed 24 months.

D. The department may issue a letter of temporary certification to detector canine handler examiners for not more than 120 days while awaiting the results of the state and national fingerprint search provided the applicant has met the necessary conditions and requirements.

E. Each certification shall be issued to the individual named on the application and shall be valid only for use by that individual. No certification shall be assigned or otherwise transferred to another individual.

F. Each detector canine handler examiner shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-140 Renewal detector canine handler examiner certification application

A. Applications for certification 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 certified examiner. However, if a renewal notification is not received by the examiner, it is the responsibility of the examiner to ensure renewal requirements are filed with the department. Certification 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 examiner certification renewal shall meet the minimum requirements for eligibility as follows:

1. Have maintained certification as a detector canine handler examiner or equivalent credential according to the minimum eligibility requirements set forth in this chapter and demonstrate the completion of a minimum of 16 hours of continuing education during the previous certification period; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified in private security services or a related field. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a certification for a period not to exceed 24 months.

D. The department may renew a certification when the following are received by the department:

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

2. The applicable, nonrefundable certification renewal fee; and

3. Official documentation according to subsection B of this section.

E. Any examiner renewal application received by the department shall meet all renewal requirements prior to the expiration date of a certification or shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-150 Detector canine handler examiners administrative requirements and standards of conduct

A. All private security services certified personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

B. Administrative requirements. An examiner shall:

1. Maintain at all times with the department his mailing address and email address if applicable. Notification of any address change shall be in writing and received by the department no later than 10 days after the effective date of the change.

2. Inform the department, and the business or training school for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere, and after being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

3. Inform the department and the licensed business or training school for which the individual is employed or utilized in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

4. Satisfy all judgments to include binding arbitrations related to private security services not provided.

5. Notify the department within 10 calendar days following termination of his employment as an examiner for a business or training school.

6. Conduct examinations in accordance with the standards of the Department of Defense Military Working Dog Program, Scientific Working Group on Dog and Orthogonal Detector Guidelines, or other nationally recognized organization approved by the department.

7. Notify the department within 10 calendar days following termination of any certification as a detector canine handler examiner or equivalent with any national organization, a unit of the United States military, or another formal entity involved with certifying, training, or setting standards for detection canines.

8. Notify the department in writing within 10 calendar days of determining that a detector canine handler or detector canine fails to successfully complete the certification examination as prescribed in 6VAC20-174.

9. Maintain documentation and a photograph of the examined detector canine team for three years for all examinations conducted that verifies compliance with requirements pursuant to the Code of Virginia, 6VAC20-174, and this chapter.

10. Utilize only department-approved certification examinations for the testing and certification of detector canine teams.

C. Standards of conduct. An examiner shall:

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

2. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms,. 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.

3. Not violate or aid and abet others in violating the provisions of Article 4 (§ 9.1-138 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia, 6VAC20-172, 6VAC20-174, or this chapter.

4. Not commit any act or omission that results in a private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant or certificate holder otherwise being disciplined in any jurisdiction.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not engage in acts of unprofessional conduct in the practice of private security services.

7. Not engage in acts of negligent or incompetent private security services.

8. Not make any misrepresentation or false promise to a private security services business client or potential private security services business client.

9. Not violate any state or local ordinances relating to private security services.

10. Not publish or cause to be published any material relating to private security services that contain an assertion, representation, or statement of fact that is false, deceptive, or misleading.

11. Not provide false or misleading information to representatives of the department.

12. Not provide materially incorrect, misleading, incomplete, or untrue information on any email, application, or other document filed with the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-160 Instructor alternatives

A. Subject matter specialist.

1. Training schools may employ or otherwise utilize individuals as subject matter specialists to provide instruction in specific areas of a training curriculum. During the approved portions of training, a certified instructor is not required to be present.

2. The training school shall obtain written authorization from the department prior to any subject matter specialist providing instruction. Written authorization may be requested by submitting on a form provided by the department:

a. A written request for authorization specifically outlining the requested subject matter; and

b. Documentation that supports the individual's credentials for instructing in the proposed subject matter.

3. The department may issue a written authorization for a period not to exceed 24 months.

B. Guest lecturer. Training schools may employ or otherwise utilize individuals as guest lecturers in specific areas of a training curriculum. A certified instructor is required to be present during all portions of training conducted by a guest lecturer.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-170 Private security services training session

A. Training sessions will be conducted in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance, and standards of conduct are the responsibility of the training school, training school director, and instructor of the training session.

B. Administrative requirements.

1. In a manner approved by the department, a notification to conduct a training session shall be submitted to the department. All notifications shall be received by the department, or postmarked if mailed, no less than seven calendar days prior to the beginning of each training session to include the date, time, instructors, and location of the training session. The department may allow a session to be conducted with less than seven calendar days of notification with prior approval. Session notifications require no fee from the training school. A notification to conduct a training session shall be deemed to be in compliance unless the training school director is notified by the department to the contrary.

2. Notification of any changes to the date, time, or location or cancellation of a future training session must be submitted to the department in writing and received by the department at least 24 hours in advance of the scheduled starting time of the class. In the event that a session must be canceled on the scheduled date, the department must be notified immediately followed by a cancellation in writing as soon as practical.

3. Course outline and training objectives must be approved by the department prior to offering a course of instruction for enrollment.

4. The training school director shall issue an original training completion form provided by the department to each student who satisfactorily completes a training session no later than five business days following the training completion date.

5. In a manner approved by the department, the training school director shall submit an original training completion roster to the department affirming each student's successful completion of the session. The training completion roster shall be received by the department within seven calendar days or, if mailed, postmarked no later than five business days following the training completion date and must be accompanied by the applicable, nonrefundable processing fee.

6. A written examination shall be administered at the conclusion of each entry-level training session. The examination shall be based on the applicable learning objectives. The student must attain a minimum grade of 70% for all entry-level training examinations and pass any applicable practical exercises to satisfactorily complete the training session.

7. Firearms classroom training shall be separately tested and graded. Individuals must achieve a minimum score of 70% on the firearms classroom training examination.

8. Failure to achieve a minimum score of 70% on the firearms classroom written examination will exclude the individual from the firearms range training.

9. To successfully complete the handgun or shotgun firearms range training, the individual must achieve a minimum qualification score of 75% of the scoring value of the target.

10. To successfully complete the advanced firearms range training, the individual must achieve a minimum qualification score of 92% of the scoring value of the target.

11. To successfully complete the patrol rifle firearms range training, the individual must achieve a minimum qualification score of 85% of the scoring value of the target.

C. Attendance.

1. Private security services business personnel enrolled in an approved training session are required to be present for the hours required for each training session unless they have been granted a partial exemption to training from the department.

2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. All training must be completed within the 12 months prior to application of a registration or certification. Individuals not completing the required training within this period are required to complete the entire training session.

3. Individuals who do not successfully complete the compulsory minimum training standards of the training session shall not be issued a training completion form or training certificate.

4. Each individual attending an approved training session shall comply with the regulations promulgated by the board and any other rules within the authority of the training school. If the training school director or instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on examinations, the training school director or instructor may expel the individual from the school. Notification of such action shall immediately be reported to the employing firms and the department.

D. Standards of conduct.

1. The training school, training school director, and instructor shall at all times conform to the application requirements, administrative requirements, and standards of conduct established for certification as a training school and instructor.

2. Training sessions will be conducted by certified instructors or other individuals authorized to provide instruction pursuant to this chapter and each of whom must be present for all periods of instruction unless otherwise authorized by the department.

3. Training sessions will be conducted utilizing lesson plans developed including at a minimum the compulsory minimum training standards established by the board as prescribed in 6VAC20-174.

4. Instruction shall be provided in no less than 50-minute classes.

5. Training sessions shall not exceed nine hours of classroom instruction per day. Range qualification and practical exercises shall not be considered classroom instruction; however, total training, including the maximum allotment of nine hours classroom instruction and applicable range qualification and practical exercises, shall not exceed 12 hours per day. This does not include time allotted for breaks, meals, and testing.

6. All audiovisual training aids must be accompanied by a period of instruction where the instructor reviews the content of the presentation and the students are provided the opportunity to ask questions regarding the content.

7. A training session must adhere to the minimum compulsory training standards as set forth by the board and must be presented in its entirety. Training school directors may require additional hours of instruction, testing, or evaluation procedures.

8. A training session must provide accurate and current information to the students.

9. Mandated training that is not conducted in accordance with the Code of Virginia, 6VAC20-174, and this chapter is null and void.

10. A duplicate set of instructor course materials, including all student materials, shall be made available to any department inspector during the training session, if requested.

11. Certifiable in-service training may include a maximum of one hour of instruction dedicated to the review of regulations unless otherwise authorized by the department.

12. Live ammunition, pyrotechnics, and explosives are not to be utilized or present in any firearms training environment except on a firing range approved by the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-180 Online in-service training programs

Online training programs may only be offered for compulsory minimum in-service training requirements. Online training programs shall meet the following requirements:

1. All online schools shall maintain a private security services training school certification in good standing and meet all of the administrative requirements and standards of conduct specified in this chapter.

2. All online training courses must meet the minimum compulsory in-service training standards as prescribed in 6VAC20-174 to include topic and hour requirements.

3. All online training courses must provide that a private security services instructor certified in the category of training in which the course is being offered is available to the students during normal business hours.

4. All online training material to include complete course content, performance objectives, and other applicable instructional material of mandated compulsory training requirements must be approved by the department prior to offering a course of instruction for enrollment.

5. Certifiable in-service training may include a maximum of one hour of instruction dedicated to the review of regulations unless otherwise authorized by the department.

6. All online training course content, lesson plans, course objectives, and other applicable instructional material must be updated every two years to ensure curriculum is current.

7. All online training must be delivered through a learning management system capable of managing training records, delivering course content, monitoring participation, assessing performance, and creating and editing course content.

8. Students enrolled in an online training program shall successfully complete all course material within 30 days of the first log-on to the training school learning management system or prior to the registration or certification expiration date or final reinstatement date.

9. All online training must include assessment instruments that evaluate student performance.

10. Training schools offering online courses that accept credit card payments shall subscribe to an e-commerce solution service to protect the security and integrity of the monetary transaction.

11. The learning management system used by a certified training school shall allow the department auditing access to the training system. Such auditing access shall be available 24 hours a day, seven days a week.

12. The learning management system shall be capable of generating a unique electronic notification of training completion for each student completing the course requirements and each course of instruction on a 24-hour a day basis.

13. The training completion form shall include the following:

a. The name, a unique identification number, and address of the individual;

b. The name of the particular course that the individual completed;

c. Dates of course completion;

d. Name, address, telephone number, and license number of the training school; and

e. Name and DCJS identification number of the school director and primary instructor.

14. The learning management system shall be capable of generating a training certificate for each student and each course of instruction that can be printed by the student's computer and printer. This training certificate shall only be made available to the student upon successful completion of all course material.

15. The learning management system shall be capable of capturing and archiving student information for a period of not less than three years.

16. Training schools offering online training courses will designate one individual as the network administrator for that school's network server. The network administrator will be the technical contact between the department and the training school. Upon termination of the services of the designated network administrator, a new administrator shall be designated and notification made to the department within 10 days after effective date of the change.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VII Additional Category and Replacement Certification

6VAC20-173-190 Additional category application

A. Individuals may apply for multiple certification categories during the initial application process by completing the applicable requirements for each category.

B. Certified individuals seeking to add categories to a current certification must:

1. Successfully complete all initial requirements for each additional certification category requested pursuant to this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-200 Replacement certification

Certified individuals seeking a replacement state-issued certification card shall submit to the department:

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

2. The applicable, nonrefundable application fee.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VIII Reinstatement and Renewal Extension

6VAC20-173-210 Reinstatement

A. Any training school, instructor, or detector canine handler examiner certification not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be certified with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the certification in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid certification including during the reinstatement period.

C. No certification shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a certification is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the certification.

F. An applicant who reinstates shall be regarded as having been continuously certified without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his certification shall be regarded as uncertified from the expiration date of the certification forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the law or regulations during the period of time for which the person was certified.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-220 Renewal extension

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel or training schools to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services training school for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual or principal of a certified entity prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person or training school will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person or training school.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person or training school shall be nonoperational during the period of extension unless otherwise (i) issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part IX Sanctions; Exemptions; Recognition and Reciprocity

6VAC20-173-230 Denial, probation, suspension, and revocation

A. The department may deny a certification in which any person or principal of an applying training school has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms. 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 certification in which any person or principal of an applying training school (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing, registration, or certification 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. The department may deny certification for other just cause.

E. A training school, instructor, or detector canine handler examiner 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.

F. If a certified person is subject to disciplinary action for violations or noncompliance with the Code of Virginia or this chapter, the department will notify the last known certified private security services training school by which they were employed or affiliated.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-240 Exemptions; recognition and reciprocity

A. The department may grant a temporary exemption from the requirements for certification for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for certification based on agreements that have been entered into with other states and approved by the board.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part X Complaints; Department Actions and Sanctions; Adjudication

6VAC20-173-250 Complaint submittal requirements

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any individual, person, firm or licensed firm, or school or certified school whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or that may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-260 Department investigation

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-270 Disciplinary action, sanctions, publication of records

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation of or in noncompliance with the Code of Virginia or of this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of certification or approval granted for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a certification or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid certification. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a certification under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons, firms, training schools, and school directors whose conduct and activities are subject to this chapter and have been sanctioned or denied certification or approval.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-280 Fines; administrative and investigative costs

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any certification. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-290 Hearing process

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-300 Informal fact-finding conference

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-310 Formal hearing

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any certification or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such certification or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-320 Appeals

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-173-330 Court review; appeal of final order

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the City of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Chapter 174 Regulations Relating to Private Security Services Registered Personnel

Part I Definitions

6VAC20-174-10 Definitions

In addition to the words and terms defined in § 9.1-138 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Business advertising material" means display advertisements in telephone directories, on letterhead, on business cards, in local newspaper advertising, and in contracts.

"Certified training school" means a training school that is certified by the department for the specific purpose of training private security services business personnel in at least one category of the compulsory minimum training standards as set forth by the board.

"Class" means a block of instruction no less than 50 minutes in length on a particular subject.

"Classroom training" means instruction conducted in person by an instructor to students in an organized manner utilizing a lesson plan.

"Date of hire" means the date any employee of a private security services business or training school performs services regulated or required to be regulated by the department.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Director" means the chief administrative officer of the department.

"Electronic images" means an acceptable method of maintaining required documentation through the scanning, storage, and maintenance of verifiable electronic copies of original documentation.

"Employee" means a natural person employed by a licensee to perform private security services that are regulated by the department.

"End user" means any person who purchases or leases electronic security equipment for use in that person's home or business.

"Entry-level training" means the compulsory initial training for regulated categories and basic or intermediate firearms training standards adopted by the board for private security services business personnel who are either new registrants or failed to timely complete in-service training or firearms retraining within the prescribed time period.

"Firearms endorsement" means a method of regulation that identifies an individual registered as a private security registrant and has successfully completed the annual firearms training and has met the requirements as set forth in this chapter.

"Independent contractor" means a self-employed personal protection specialist or a private investigator who (i) maintains comprehensive liability insurance in an amount fixed by the department, (ii) has been issued a registration by the department, and (iii) enters into a contract to perform work for a private security business licensed to provide services within the Commonwealth.

"In-service training requirement" means the compulsory in-service training standards adopted by the Criminal Justice Services Board for private security services business personnel.

"Intermediate weapon" means a tool not fundamentally designed to cause deadly force with conventional use. This would exclude all metal ammunition firearms or edged weapons. These weapons include baton/collapsible baton, chemical irritants, electronic restraining devices, projectiles, and other less lethal weapons as defined by the department.

"Job-related training" means training specifically related to the daily job functions of a given category of registration or certification as defined in this chapter.

"Official documentation" means personnel records; Certificate of Release or Discharge from Active Duty (DD214); copies of business licenses indicating ownership; law-enforcement transcripts; certificates of training completion; a signed letter provided directly by a current or previous employer detailing dates of employment and job duties; college transcripts; letters of commendation; private security services registrations, certifications, or licenses from other states; and other employment, training, or experience verification documents. A resume is not considered official documentation.

"On duty" means the time during which private security services business personnel receive or are entitled to receive compensation for employment for which a registration or certification is required.

"Online training" means training approved by the department and offered via the Internet or an Intranet for the purpose of remote access on-demand or distance training that meets all requirements for compulsory minimum training standards.

"Performance of his duties" means on duty in the context of this chapter.

"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.

"Private security services business personnel" means each employee of a private security services business who is employed as an unarmed security officer, armed security officer/courier, armored car personnel, security canine handler, detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security employee, electronic security sales representative, electronic security technician, or electronic security technician's assistant.

"Reciprocity" means the relation existing between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Recognition" means the relation of accepting various application requirements between Virginia and any other state, commonwealth, or province as established by agreements approved by the board.

"Related field" means any field with training requirements, job duties, and experience similar to those of the private security services field in which the applicant wishes to be licensed, certified, or registered. This term includes law enforcement and certain categories of the military.

"Session" means a group of classes comprising the total hours of mandated compulsory minimum training standards in any of the categories of licensure, registration, or certification in accordance with this part and in accordance with §§ 9.1-150.2, 9.1-185.2 and 9.1-186.2 of the Code of Virginia.

"This chapter" means the Regulations Relating to Private Security Services Registered Personnel (6VAC20-174).

"Training certification" means verification of the successful completion of any training requirement established in this chapter.

"Training requirement" means any entry-level, in-service, or firearms training or retraining standard established in this chapter.

"Training school director" means a natural person designated by a principal of a certified private security services training school to assure the compliance of the private security services training school with all applicable requirements as provided in the Code of Virginia and this chapter.

"Uniform" means any clothing with a badge, patch, or lettering that clearly identifies persons to any observer as private security services business personnel, not law-enforcement officers.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 34, Issue 5, eff. December 1, 2017.

Part II Application Fees

6VAC20-174-20 Fees

A. Schedule of fees. The fees listed below reflect the costs of handling, issuance, and production associated with administering and processing applications for registration and other administrative requests for services relating to private security services.

| CATEGORIES | FEES | | --- | --- | | Fingerprint processing application | $50 | | Initial registration | $25 | | Registration renewal | $20 | | Additional registration category form | $20 | | Replacement registration card | $20 | | Firearm endorsement | $10 | | Entry-level training exemption | $25 | | In-service training alternative credit evaluation | $25 |

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for registration renewal applications not received on or before the expiration date of the expiring registration.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the registration or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the registration or authority it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the person or registrant may request that the suspended registration or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

D. Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part III Criminal History Records Search

6VAC20-174-30 Fingerprint processing

A. On or before the first date of hire, each person applying for a private security registration 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 or individuals have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend all action on the application pending the resubmission of a classifiable fingerprint card. The applicant shall be so notified in writing and must submit a new fingerprint card within 30 days of notification before the processing of his application shall resume. If a fingerprint card is not submitted within the 30 days, the initial fingerprint application process will be required to include applicable application fees.

D. If the applicant is denied by DCJS, the department will notify the applicant by letter regarding the reasons for the denial. The compliance agent will also be notified in writing by DCJS that the applicant has been denied.

E. Fingerprint applications will be active for 120 days from the date of submittal. Applications for registrations must be submitted within that 120-day period or initial fingerprint submittal will be required.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part IV Application Procedures and Requirements

6VAC20-174-40 Initial registration application

A. Individuals required to be registered, pursuant to § 9.1-139 C of the Code of Virginia, in the categories of armored car personnel, courier, unarmed security officer, armed security officer, security canine handler, explosives detector canine handler, narcotics detector canine handler, private investigator, personal protection specialist, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant shall meet all registration requirements in this section. Prior to the issuance of a registration, the applicant shall meet or exceed the requirements of registration and application submittal to the department as set forth in this section. Individuals who carry or have access to a firearm while on duty must have a valid registration with a firearm endorsement pursuant to this chapter. If carrying a handgun concealed, the individual must also have (i) a valid concealed handgun permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia and (ii) the written permission of his employer.

B. Each person applying for registration shall meet the following minimum requirements for eligibility:

1. Be a minimum of 18 years of age;

2. Successfully complete all initial training requirements for each registration category requested, including firearms endorsement if applicable, pursuant to the compulsory minimum training standards as set forth in this chapter; and

3. Be a United States citizen or legal resident alien of the United States.

C. Each person applying for registration shall file with the department:

1. A properly completed application provided by the department;

2. On the application, his mailing address;

3. Fingerprint card; and

4. The applicable, nonrefundable application fee.

D. Each person seeking or required to seek registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, or an electronic security technician's assistant may be employed for a period not to exceed 90 consecutive days in any categories listed in this subsection while completing the compulsory minimum training standards, provided:

1. Fingerprints have been submitted;

2. The individual is not employed in excess of 120 days without having been issued a registration from the department; and

3. The individual did not fail to timely complete the required training with a previous employer.

E. Upon completion of the initial registration application requirements, the department may issue an initial registration for a period not to exceed 24 months.

F. The department may issue a letter of temporary registration valid for not more than 120 days while awaiting the results of the state and national fingerprint search, provided the applicant has met the necessary conditions and requirements.

G. Each registration shall be issued to the individual named on the application and shall be valid only for use by that individual. No registration shall be assigned or otherwise transferred to another individual.

H. Each registrant shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-50 Renewal registration application

A. Applications for registration renewal shall meet all renewal requirements and 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 or email address provided by the registrant. However, if a renewal notification is not received by the individual, it is the responsibility of the individual to ensure 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 compulsory minimum training standards set forth by this chapter; and

2. Be in good standing in every jurisdiction where licensed, registered, or certified. This subdivision shall not apply to any probationary periods during which the individual is eligible to operate under the license, registration, or certification.

C. The department may renew a registration when the following are received by the department:

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

2. For individuals applying for renewal with the category of armored car personnel, a fingerprint card;

3. The applicable, nonrefundable registration renewal fee; and

4. For individuals with firearms endorsements, evidence of completion of annual firearms retraining in accordance with this chapter.

D. Upon completion of the renewal registration application requirements, the department may issue a registration for a period not to exceed 24 months.

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 requirements set forth by the reinstatement provisions of this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-60 Firearms endorsement

A. A firearms endorsement is required for all private security services business personnel who carry or have access to a firearm while on duty. Each person who carries or has access to firearms while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person applying for a firearms endorsement shall meet the minimum requirements for eligibility as follows:

1. Must be registered in a regulated category.

2. Must complete entry-level handgun training and, if applicable, shotgun and patrol rifle training as described in this chapter.

C. All armed private security services business personnel with the exception of personal protection specialist must satisfactorily complete applicable firearms retraining.

D. All armed personal protection specialists must satisfactorily complete advanced handgun retraining and firearms retraining for shotgun and patrol rifle if applicable.

E. Firearms endorsements are issued for a period not to exceed 12 months. Individuals must complete firearms retraining within the 90 days prior to the expiration of their current firearm endorsement or will be required to complete entry-level training requirements prior to applying for an active endorsement.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-70 Additional registration category application

A. Individuals may apply for multiple registration categories during the initial application process by completing the applicable training requirements for each category.

B. Registrants seeking to add categories to a current registration must:

1. Successfully complete all initial training requirements for each additional registration category requested pursuant to the compulsory minimum training standards of this chapter;

2. Submit a properly completed application provided by the department; and

3. Submit the applicable, nonrefundable application fee.

C. Individuals may avoid paying a separate fee for additional registration categories when the categories are requested on the application for renewal.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-80 Replacement registration

Registrants seeking a replacement state-issued registration card shall submit to the department:

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

2. The applicable, nonrefundable application fee.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-90 Reinstatement

A. Any registration not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be registered with the department to provide private security services.

B. A renewal application must be received by the department within 60 days following the expiration date of the registration in order to be reinstated by the department providing all renewal requirements have been met. Prior to reinstatement the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid registration including during reinstatement period.

C. No registration shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

E. When a registration is reinstated, the applicant shall continue to have the same DCJS number and shall be assigned an expiration date two years from the previous expiration date of the registration.

F. An applicant who reinstates shall be regarded as having been continuously registered without interruption. Therefore, the applicant shall remain under the disciplinary authority of the department during this entire period and may be held accountable for his activities during this period.

G. A person who fails to reinstate his registration shall be regarded as unregistered from the expiration date of the registration forward.

H. Nothing in this chapter shall divest the department of its authority to discipline a person for a violation of the laws or regulations during the period of time for which the person was registered.

I. Firearms endorsements are not eligible for reinstatement. If renewal requirements are not met pursuant to this chapter, the applicant shall meet all initial application requirements, including applicable initial firearms training requirements.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-100 Renewal extension

A. An extension of the time period to meet renewal requirements may be approved only under specific circumstances that do not allow private security personnel to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury;

3. Military or foreign service; or

4. Any emergency temporary assignment of private security personnel for purposes of natural disaster, homeland security, or documented threat by the private security services business or training school for which he is employed.

B. A request for extension shall:

1. Be submitted in writing, dated, and signed by the individual prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department based on an evaluation of the justification for waiver;

2. Indicate the projected date the person will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness, a copy of the government orders, or documentation of emergency temporary assignment.

C. Applications for additional extensions may be approved upon written request of the person.

D. The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. If renewal requirements are not met during the period of extension, the individual must complete all initial training requirements to include applicable entry-level training.

E. The private security services person shall be nonoperational during the period of extension unless (i) otherwise issued a temporary exemption and (ii) authorized by the department pursuant to § 9.1-139 of the Code of Virginia.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part V Application Sanctions; Exemptions; Recognition and Reciprocity

6VAC20-174-110 Denial, probation, suspension, and revocation

A. The department may deny a registration in which any person has been convicted in any jurisdiction of any felony or of a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms. 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 registration in which any person (i) has not maintained good standing in every jurisdiction where licensed, registered, or certified in a private security services or related field; (ii) has had his license, registration, or certification denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) 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. The department may deny registration for other just cause.

E. A registrant shall be subject to disciplinary action for violations of 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.

F. If a registrant is subject to disciplinary action for violations of or noncompliance with the Code of Virginia or this chapter, the department will notify the last known licensed or certified private security services business or training school by which they were employed or affiliated.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-120 Exemptions; recognition and reciprocity

A. The department may grant a temporary exemption from the requirements for registration for a period of not more than 30 days in a situation deemed an emergency by the department.

B. The department may recognize administrative and application requirements for registration based on agreements that have been entered into with other states and approved by the board.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VI Administrative Requirements and Standards of Conduct

6VAC20-174-130 General requirements

All private security services registered personnel are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines, and this chapter.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-140 Administrative requirements

A registrant 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, email address, and phone number, if applicable. Written notification of any change in mailing address, 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, and the business for which the individual is employed if applicable, in writing within 10 days after pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor as outlined in § 9.1-139 K of the Code of Virginia.

4. Inform the department, and the business for which the individual is employed if applicable, in writing within 10 days after having been found guilty by any court or administrative body of competent jurisdiction to have violated the private security services business statutes or regulations of that jurisdiction.

5. Inform the department, and the compliance agent of the licensee if employed by a private security services business, 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.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-150 Standards of conduct

A registrant 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 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 private security license, registration, or certification being suspended, revoked, or not renewed or the licensee, registrant, or certificate holder otherwise being disciplined in any jurisdiction.

4. Not have been convicted or found guilty in any jurisdiction of the United States of any felony or a misdemeanor involving moral turpitude, assault and battery, damage to real or personal property, 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, 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, or firearms. 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.

5. Not obtain a license, license renewal, registration, registration renewal, certification, or certification renewal through any fraud or misrepresentation.

6. Not solicit or contract to provide any private security services without first having obtained a private security services business license with the department.

7. Maintain comprehensive general liability insurance in the minimum amount of $1 million in general aggregate liability insurance when the registrant:

a. Is self employed;

b. Is a personal protection specialist or private investigator; and

c. Has entered into a contract with a licensed private security business to work as an independent contractor.

8. Carry a valid registration card or valid temporary registration letter at all times while on duty. Individuals requiring registration as an unarmed security officer, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician may be employed for not more than 90 consecutive days in any category listed in this subdivision while completing the compulsory minimum training standards and may not be employed in excess of 120 days without having been issued a registration or an exception from the department and must carry a photo identification and authorization from their employer on a form provided by the department at all times while on duty.

9. Carry the private security state-issued registration card at all times while on duty once the authorization has been approved from the department, except those individuals operating outside the Commonwealth of Virginia who shall obtain the state-issued registration card prior to providing services when physically located in the Commonwealth.

10. Perform those duties authorized by his registration only while employed by a licensed private security services business and only for the clients of the licensee. This shall not be construed to prohibit an individual who is registered as an armed security officer from being employed by a nonlicensee as provided for in § 9.1-140 of the Code of Virginia.

11. Possess a valid firearms training endorsement if he carries or has access to firearms while on duty and then only those firearms by type of action and caliber to which he has been trained on and is qualified to carry. Carry or have access to a patrol rifle while on duty only with the expressed written authorization of the licensed private security services business employing the registrant.

12. Carry a firearm concealed while on duty only with the expressed written authorization of the licensed private security services business employing the registrant and only in compliance with Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia.

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

14. If authorized to make arrests, make arrests in full compliance with the law and using only the minimum force necessary to effect an arrest.

15. Engage in no conduct that shall mislead or misrepresent through word, deed, or appearance that a registrant is a law-enforcement officer or other government official.

16. Display one's registration or temporary registration along with a photo identification while on duty in response to the request of a law-enforcement officer, department personnel, or client. Individuals providing private security services as authorized pursuant to subdivision 8 of this section who have not received their registration must display a state-issued photo identification and authorization while on duty in response to the request of a law-enforcement officer, department personnel, or a client.

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

18. If a uniform is required, wear the uniform required by his employer. If wearing a uniform while employed as an armed security officer, unarmed security officer, alarm respondent, or armored car personnel, that uniform must:

a. Include at least one insignia clearly identifying the name of the licensed firm employing the individual and, except armored car personnel, a nameplate or tape bearing, at a minimum, the individual's last name attached on the outermost garment, except rainwear worn only to protect from inclement weather; and

b. Include no patch or other writing (i) containing the word "police" or any other word suggesting a law-enforcement officer; (ii) containing the word "officer" unless used in conjunction with the word "security"; or (iii) resembling any uniform patch or insignia of any duly constituted law-enforcement agency of this Commonwealth, its political subdivisions, or the federal government.

19. When providing central station monitoring services, attempt to verify the legitimacy of a burglar alarm activation by calling the site of the alarm. If unable to make contact, call one additional number provided by the alarm user who has the authority to cancel the dispatch. This shall not apply if the alarm user has provided written authorization requesting immediate dispatch or one-call dispatch to both his local police department and his dealer of record. This shall not apply to duress or hold-up alarms.

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

21. Not represent as one's own a registration issued to another individual.

22. Not falsify, or aid and abet others in falsifying, training records for the purpose of obtaining a license, registration, certification, or certification as a compliance agent, training school, school director, or instructor.

23. Not provide information obtained by the registrant or his employing firm to any person other than the client who secured the services of the licensee without the client's prior written consent. Provision of information in response to official requests from law-enforcement agencies, the courts, or the department shall not constitute a violation of this chapter. Provision of information to law-enforcement agencies pertinent to criminal activity or to planned criminal activity shall not constitute a violation of this chapter.

24. Not engage in acts of unprofessional conduct in the practice of private security services.

25. Not engage in acts of negligent or incompetent private security services.

26. Not make any misrepresentation or make a false promise to a private security services business client or potential private security services business client.

27. Satisfy all judgments to include binding arbitrations related to private security services not provided.

28. Not provide false or misleading information to representatives of the department.

29. Not provide materially incorrect, misleading, incomplete, or untrue information on a registration application, renewal application, or any other document filed with the department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015; amended, Virginia Register Volume 34, Issue 5, eff. December 1, 2017.

Part VII Training Requirements and Exemptions

6VAC20-174-160 Entry-level training

A. Each person employed by a private security services business or applying to the department for registration as an unarmed security officer, an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, an explosives detector canine handler, a narcotics detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, or an electronic security technician, or electronic security technician's assistant as defined by § 9.1-138 of the Code of Virginia must meet the compulsory minimum training standards herein established, unless provided for otherwise in accordance with this chapter.

B. Training will be credited only if application for registration is received by the department within 12 months of completion of training.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-170 In-service training

Each person registered with the department as an armed security officer/courier, a personal protection specialist, armored car personnel, a security canine handler, a narcotics detector canine handler, an explosives detector canine handler, a private investigator, an alarm respondent, a locksmith, a central station dispatcher, an electronic security sales representative, an electronic security technician, an unarmed security officer, or an electronic security technician's assistant shall complete the compulsory in-service training standard once during each 24-month period of registration.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-180 Training exemptions

Persons who meet the statutory requirements as set forth in § 9.1-141 of the Code of Virginia may apply for a partial exemption from the compulsory training standards. Individuals requesting such partial exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue such partial exemption on the basis of individual qualifications as supported by required documentation. Those applying for and receiving exemptions must comply with all regulations promulgated by the board. Each person receiving a partial exemption for entry-level training must apply to the department for registration within 12 months from the date of issuance, otherwise the partial exemption shall become null and void.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-190 Entry-level training exemption

A. Persons previously employed as law-enforcement officers who have not terminated or been terminated from said employment more than five years prior to the application date must submit official documentation of the following with the application for exemption:

1. Completion of law-enforcement entry-level training; and

2. Five continuous years of law-enforcement employment provided such employment as a law-enforcement officer was not terminated due to misconduct or incompetence.

B. Persons having previous training or employment in any of the classifications defined in § 9.1-138 of the Code of Virginia must submit official documentation of the following with the application for exemption:

1. Completion of previous private security training that has been approved by the department and that meets or exceeds the compulsory minimum training standards promulgated by the board; or

2. Five years continuous employment in the category for which exemption is sought, provided such employment was not terminated due to misconduct or incompetence and such employment ended within five years of the date of application.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-200 In-service training exemption

Persons who have completed training that meets or exceeds the compulsory minimum training standards promulgated by the board for the in-service training required for the individual's particular category may be authorized credit for such training, provided the training has been completed within 24 months of the expiration date of the registration period during which in-service training is required. Such training must be provided by a third party organization category. Official documentation of the following must accompany the application for in-service training credit:

1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session;

2. An outline of the training session material, including the dates, times, and specific subject matter; and

3. Proof of attendance and successful completion.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part VIII Compulsory Minimum Training Standards

6VAC20-174-210 Alarm respondent - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Alarm respondent - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-220 Armed security officer/courier - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Armed security officer/courier - 50 hours (53 hours including shotgun training)

a. 01E: Security Officer Core Subjects - 18 hours

b. 05E: Armed Security Officer Arrest Authority - 8 hours

c. 075E: Security Officer Handgun - 24 hours

d. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry-level curriculum for alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Armed Security Officer Arrest Authority (05E) - 8 hours (excluding examination)

a. Arrest powers, policies, and procedures

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training (not including range retraining)

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-230 Armored car personnel - compulsory minimum training Requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Armored car personnel - 28 hours (31 hours with shotgun)

a. 03E: Armored Car Procedures - 12 hours

b. 07E: Entry-level Handgun - 16 hours

c. 08E: Entry-level Shotgun - 3 hours (if applicable - to also have access to a shotgun while on duty, the additional shotgun course is required)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Armored Car Procedures (03E) - 12 hours (excluding examination)

a. Administration and armored car orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Armored car procedures

e. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(03I) Armored Car Personnel In-Service - 4 hours job-related training (not including range retraining)

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-240 Central station dispatcher - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Central station dispatcher - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 38E: Central Station Dispatcher - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Central station dispatcher (38E) - 4 hours (excluding examination)

a. Central station dispatcher subjects

(1) Duties and responsibilities

(2) Communications skills

(3) Emergency procedures

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises and range qualification, shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-250 Detector canine handler - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Detector Canine Handler - 160 hours (excluding certification examination)

a. 04ED: Detector Canine Handler - 160 hours

b. Certification exam by a certified detector canine handler examiner

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Detector canine handler (04ED) - 160 hours to include practical exercises (excluding certification exam)

a. Introduction/orientation/administration

(1) Code of ethics

(2) General duties and responsibilities

(3) Legal

(4) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(5) Signs of terrorism

b. Working canines

(1) Historical perspective

(2) Terms and definitions

(3) Methodology and application

(4) Training documentation

(5) Search patterns

c. Basic canine handling (including practical exercises)

(1) Training

(2) Care and health

(3) Emergency medical care

d. Detector canine deployment

Canine behavior: reading and understanding

e. Explosive or narcotics familiarization (including practical exercises)

(1) Illegal narcotics familiarization

(2) Explosives substance and I.E.D. familiarization

(3) Safety

f. Written comprehensive exam

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(04ID) Detector Canine Handler In-Service - 8 hours (excluding certification exam)

a. Detector canine team retraining and problem solving

b. Search techniques

c. Terrorist/criminal intelligence updates and team safety

d. Certification exam (conducted by a certified detector canine handler examiner)

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-260 Electronic security technician - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security technician - 14 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 35E: Electronic Security Technician - 10 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security technician (35E) - 4 hours (excluding examination)

a. Electronic security technician subjects - 10 hours

(1) Duties and responsibilities

(2) Electronics

(3) Control panels

(4) Protection devices and application

(5) Test equipment

(6) Power and grounding

(7) National electrical code

(8) Job safety

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-270 Electronic security technician assistant - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security technician's assistant - 4 hours

30E: Electronic Security Core Subjects - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-280 Electronic security sales representative - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Electronic security sales representative - 8 hours

a. 30E: Electronic Security Core Subjects - 4 hours

b. 39E: Electronic Security Sales - 4 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Electronic security core subjects (30E) - 4 hours (excluding examination)

a. Administration and orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Signs of terrorism

b. Overview of electronic security

c. False alarm prevention

d. Written comprehensive examination

2. Electronic security sales representative (39E) - 4 hours (excluding examination)

a. Electronic security sales representative subjects

(1) Duties and responsibilities

(2) System design and components

(3) False alarm prevention

b. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(30I) Electronic Security Subjects In-Service - 4 hours job-related training

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-290 Locksmith - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Locksmith - 18 hours

25E: Locksmith - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Locksmith (25E) –18 hours (excluding examination)

a. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

b. Signs of terrorism

c. Orientation to locksmithing

(1) History of locksmithing

(2) Ethics

(3) Trade resources

(4) Terminology

(5) Professional conduct

(6) Job safety

d. Public safety codes

(1) National Fire Protection Association Codes 80 and 101

(2) Overview of authorities having jurisdiction (AHJs)

(3) Americans with Disabilities Act of 1990, as amended

(4) Terminology

(5) Safety code resources

e. Technical applications

(1) Terminology (to include definition, purpose, and function)

(2) Locks/types

(3) Handing

(4) Master keying

(5) Key records and codes

(6) Key blanks and keyways

(7) Physical security

(8) Types of client sites

(9) Safes and vaults

(10) Access control

(11) Handling restricted keys

(12) Door system components

(13) Automotive

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(25I) Locksmith In-Service - 4 hours job-related training

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-300 Personal protection specialist - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Personal protection specialist - 60 hours

a. 32E: Personal Protection Specialist - 60 hours

b. 07E: Entry-level Handgun - 16 hours (prerequisite for 09E Advanced Handgun)

c. 09E: Advanced Handgun - 14 hours (for armed personal protection specialists)

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Personal protection specialist (32E) - 60 hours (excluding written examination and practical exercises)

a. Administration and personal protection orientation

b. Signs of terrorism

c. Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

d. Assessment of threat and protectee vulnerability

e. Legal authority and civil law

f. Protective detail operations

g. Emergency procedures

(1) CPR

(2) Emergency first aid

(3) Defensive preparedness

h. Performance evaluation - five practical exercises

i. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(32I) Personal Protection Specialist In-Service - 8 hours job-related training (not including range retraining for armed)

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-310 Private investigator - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Private investigator - 60 hours

02E: Private Investigator Subjects - 60 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

Private investigator (02E) - 60 hours (excluding examination and practical exercises)

a. Orientation

(1) Applicable sections of the Code of Virginia

(2) Regulations Relating to Private Security Services

(3) Standards of professional conduct

(4) Ethics

(5) Signs of terrorism

b. Law - one practical exercise

(1) Basic law

(2) Legal procedures and due process

(3) Criminal and civil law

(4) Evidence

(5) Legal privacy requirements

c. General investigative skills - one practical exercise

(1) Tools and techniques

(2) Surveillance

(3) Research

(4) Interviewing

d. Documentation - one practical exercise

(1) Report preparations

(2) Photography

(3) Audio recording

(4) General communication

(5) Courtroom testimony

e. Types of investigations - one practical exercise

(1) Accident

(2) Insurance

(3) Background

(4) Domestic

(5) Undercover

(6) Fraud and financial

(7) Missing persons and property

(8) Criminal

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises and range qualification shall be as follows:

(02I) Private Investigator In-Service - 8 hours job-related training

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-320 Security canine handler - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations, practical exercises, and range qualification shall be:

Security canine handler - 30 hours (excluding basic obedience training)

a. 01E: Security Officer Core Subjects - 18 hours (prerequisite for 04ES)

b. Prerequisite for 04ES - Basic Obedience Training

c. 04ES: Security Canine Handler - 12 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course excluding examinations, mandated practical exercises, and range qualification shall be as provided in this subsection.

1. Security officer core subjects (01E) - 18 hours (excluding examination)

The entry level curriculum for unarmed security officer, armed security officer/courier, security canine handler, and alarm respondent sets forth the following areas identified as:

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

2. Security canine handler (04ES) - 12 hours (excluding examination and basic obedience training)

a. Prerequisites for security canine handler entry level (official documentation required): successful completion of basic obedience training

b. Demonstration of proficiency. The student must demonstrate his proficiency in the handling of a security canine to satisfy the minimum standards

c. Evaluation by a certified private security canine handler instructor and basic obedience retraining

d. Security canine handler orientation; legal authority

e. Canine patrol techniques

f. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations, practical exercises, and range qualification shall be as follows:

(04IS) Security Canine Handler In-Service - 8 hours

a. Basic obedience evaluation and retraining

b. Canine grooming, feeding, and health care

c. Apprehension techniques

d. Obedience

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-330 Unarmed security officer - compulsory minimum training requirements

A. Entry-level course and minimum hour requirement. The compulsory minimum entry-level training courses and specific minimum hour requirement excluding examinations and practical exercises shall be:

Unarmed security officer - 18 hours

01E: Security Officer Core Subjects - 18 hours

B. Entry-level course content. The compulsory minimum entry-level training course content by specific course, excluding examinations and mandated practical exercises shall be as provided in this subsection.

Security officer core subjects (01E) - 18 hours (excluding examination)

a. Orientation

(1) Applicable sections of the Code of Virginia and Regulations Relating to Private Security Services

(2) Code of ethics

(3) General duties and responsibilities

(4) Signs of Terrorism

b. Law

c. Security patrol, access control, and communications

d. Documentation

e. Emergency procedures

f. Confrontation management

g. Use of force

h. Written comprehensive examination

C. In-service course content and minimum hour requirement. The compulsory minimum in-service training content and minimum hour requirement excluding examinations and practical exercises shall be as follows:

(01I) Security Officer Core Subjects In-Service - 4 hours job-related training

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part IX Firearms Training Requirements and Exemptions

6VAC20-174-340 General firearms training requirements

A. Firearms training endorsement is required for all private security services business personnel who carry or have immediate access to a firearm while on duty. Each person who carries or has immediate access to a firearm while on duty shall qualify with each type of action and caliber of firearm to which he has access.

B. Each person registered as armored car personnel, security canine handler, detector canine handler, private investigator, alarm respondent, locksmith, central station dispatcher, electronic security sales representative, electronic security technician, or electronic security technician's assistant must complete entry-level handgun training in order to apply for a firearms training endorsement.

C. Each person applying for a registration as an armed security officer/courier must complete security officer handgun training in order to apply for a firearms training endorsement.

D. Each person registered as a personal protection specialist must complete entry-level or armed security officer handgun training and advanced handgun training in order to apply for a firearms training endorsement.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-350 Prior firearms training exemption

Persons having previous department-approved firearms training may be authorized credit for such training that meets or exceeds the compulsory minimum training standards for private security services business personnel, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial training credit:

1. Completion of department-approved firearms training; and

2. Qualification at a Virginia criminal justice agency, academy, or correctional department.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-360 Entry-level handgun training

Handgun classroom training.

1. The entry-level handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

g. Lead exposure

Total hours (excluding written examination) - 16 hours

2. Written examination required.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-370 Security officer handgun training

Handgun classroom training.

1. The security officer handgun classroom training will include but not be limited to the following:

a. Practical handgun handling

(1) Identification of handgun parts

(2) Draw

(3) Reholstering

(4) Ready position

(5) Loading

(6) Administrative loading

(7) Tactical reloading

(8) Rapid reloading

(9) Unloading

(10) Malfunctions

(11) Immediate actions procedures

(12) Remedial action

(13) Proper care and maintenance

(14) Firearms retention

(15) Ammunition identification and management

(16) Range safety

(17) Tactical considerations

(18) Movement

(19) Cover and concealment

b. Fundamentals of marksmanship

(1) Grip

(2) Stance (position)

(3) Sight alignment

(4) Sight picture

(5) Trigger control

(6) Breathing

(7) Follow through

c. Dim light/low light/reduced light practice and familiarization

(1) Identification of target/threat/background

(2) Unaided training

(3) Aided training

(4) Flashlight use

(5) Reloading during low light conditions

(6) Malfunctions

(7) Range safety

(8) Tactical considerations

(9) Movement

(10) Cover and concealment

(11) Multiple target drills

d. Use of force

(1) Deadly force

(2) Justifiable deadly force

e. Liability

(1) Criminal liability

(2) Civil liability

(3) Negligent discharge prevention

f. Judgmental shooting: judgmental shooting scenarios will be conducted in the classroom or range

(1) Shoot/don't shoot judgment

(2) Turn and fire drills

(3) Failure to stop drills

(4) Multiple target drills

g. Lead exposure

Total hours (excluding written examination) - 24 hours

2. Written examination required.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-380 Entry-level and security officer handgun range qualification

A. Range qualification (no minimum hours). The purpose of the range qualification course is to provide practical firearms training and qualification to individuals desiring to become armed private security services business personnel.

1. Prior to the date of range training, it will be the responsibility of the school director to ensure that all students are informed of the proper attire and equipment to be worn for the firing range portion of the training. Equipment needed: handgun, belt with directional draw holster (i.e., one that is worn on the same side of the body as the shooting hand), two speed loaders or three magazines, ammunition (100 rounds).

2. Each student will fire a minimum of 22 rounds of factory loaded ammunition for familiarization prior to qualification. (There is no course of fire and it is not scored; it is at the firearms instructor's discretion on how the round will be utilized.)

3. Course shall be fired double action or double/single action, except for single action semi-automatic handguns.

4. All qualifications shall be conducted using a B-27 silhouette target or the FBI "Q" target. Alternate targets may be utilized with prior approval by the department.

5. With prior approval of the department, a reasonable modification of the firearms course may be approved to accommodate qualification on indoor ranges.

6. For those utilizing semi-automatic firearms, it is not necessary to reload after every stage so long as there are at least three tactical reloads during the course of fire.

7. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

8. The range qualification of individuals shall be scored as follows:

a. B27 target: (use indicated K-value) 7, 8, 9, 10 X rings - value 5 points, other hits on silhouette - value 0 points: divide points scored by maximum possible score to obtain decimal and convert to percentage, (e.g., 225 ÷ 300 =.75 = 75%).

b. FBI Q target: all hits inside the bottle - value 5 points; hits outside the bottle - value 0 points.

9. Although not scored, each student is required to complete the low light range/night time practice as outlined in subsection C of this section and the familiarization course of fire.

B. Course: Virginia private security course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver, modified weaver, or isosceles stance, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 6 rounds with strong hand

e. Unload, reload 6 rounds and fire 6 rounds with weak hand (25 seconds)

2. Phase 2: 7 yards, utilizing weaver, modified weaver or isosceles stance, 24 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, draw and fire 1 round (2 seconds), repeat 5 times

c. Load 6 rounds and holster loaded firearm

d. On command, draw and fire 2 rounds (3 seconds), repeat 2 times

e. Load 6 rounds and holster loaded firearm

f. On command, draw and fire 6 rounds, reload 6 rounds, fire 6 rounds (30 seconds)

3. Phase 3: 15 yards, 70 seconds, 18 rounds:

a. Load 6 rounds and holster loaded firearm

b. On command, assume kneeling position, draw and fire 6 rounds with strong hand

c. Assume standing position, unload, reload and fire 6 rounds from weak-hand barricade position

d. Unload, reload and fire 6 rounds from strong-hand barricade position (kneeling position may be fired using barricade position) (70 seconds)

C. Low light course: Virginia private security low light familiarization course of fire for handguns. The course of fire shall be conducted using, at a minimum, the requirements set forth in this subsection. Equipment needed: belt with directional draw holster, handgun, two speed loaders or three magazines, range ammunition (18 rounds). Equipment provided by instructor: A range that can simulate low light or a pair of welders goggles for each student that simulates low light. Strong/weak hand refers to the primary hand used in firing the firearm. The opposite hand may be used for support. The course of fire shall be conducted in the following phases:

1. Phase 1: 3 yards, utilizing weaver or isosceles stance, 6 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (3 seconds) repeat 2 times (30 seconds)

2. Phase 2: 7 yards, utilizing weaver or isosceles stance, 12 rounds:

a. Load 6 rounds and come to ready

b. On command, fire 2 rounds (5 seconds), repeat 2 times

c. Load 6 rounds and come to ready

d. On command, draw and fire 3 rounds (6 seconds), and repeat

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-390 Entry-level shotgun training and range qualification

A. Shotgun classroom training. Individual must first successfully complete entry-level or security officer handgun training. The entry-level shotgun classroom instruction will emphasize but not be limited to:

1. Shotgun handling techniques

a. Identification of shotgun parts

b. Slings – traditional sling, single point sling, 3 point sling

c. Cruiser carry conditions

d. Cruiser safe

e. Chambering

f. Reloading

g. Transition from handgun to shotgun/shotgun to handgun (if applicable)

h. Malfunctions

(1) Immediate actions procedures

(2) Remedial action

i. Proper care and maintenance

j. Shotgun retention

k. Ammunition management and identification

l. Range safety

m. Dim light/low light

2. Fundamentals of shotgun marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Written examination

Total hours (excluding examination) - 3 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical shotgun training and qualification to those individuals who carry or have immediate access to a shotgun in the performance of their duties.

1. Familiarization: Prior to the qualification course, all shooters are required to fire a familiarization exercise consisting of 5 rounds using 12 gauge, double aught "00" buckshot or rifle slug ammunition and 6 rounds minimum of handgun rounds. The exercise shall include transition drills from handgun to shotgun and shotgun to handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Fire 5 rounds of shotgun rounds (buckshot, rifled slugs, or both, if issued) on a daylight course using B27 single/multiple targets with 70% accuracy.

C. Course: Virginia private security course of fire for shotguns.

| Distance | Position | No. Rounds | Target | Time | | --- | --- | --- | --- | --- | | Combat load & fire 15 Yds. | Standing/Shoulder | 3 | B-27 Silhouette | 20 sec. | | Combat load & fire 25 Yds. | Kneeling/Shoulder | 2 | B-27 Silhouette | 15 sec. |

D. A certified firearms instructor must be present on the range directly controlling the firing line during all phases of firearms range training. There shall be a minimum of one certified firearms instructor per five shooters on the line.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-400 Advanced handgun training and range qualification

A. The entry level handgun training is a prerequisite for taking the advanced handgun training.

B. Advanced handgun classroom training.

1. The advanced handgun training will include but not be limited to:

a. Firearms safety;

b. Civil and criminal liability;

c. Concealed carry law and authority;

d. Function of firearms in close protection operations;

e. Deployment of firearms in close protection operations;

f. Use of force;

g. Principles of advanced marksmanship; and

h. Decision-making for the personal protection specialist.

Total hours (excluding written examination) - 14 hours

2. Written examination required.

C. Range qualification (no minimum hours). The purpose of this course of fire is to assess and improve the tactical, protection-related shooting skills for personal protection specialist candidates seeking certification to be armed. This course entails five increasingly challenging stages of advanced firearms exercises with a 92% score required for qualification.

1. The advanced handgun course of fire is comprised of the following exercises:

a. Shoot/don't shoot judgment;

b. Turn and fire drills;

c. Failure to stop drills;

d. Multiple target drills; and

e. Judgmental shooting.

2. For all range practicals (Stage 2 through stage 4):

a. The student will fire at a man-size silhouette target with the following requirements:

(1) 4-inch diameter circle in head;

(2) 8-inch diameter circle in chest/body area; and

(3) Center points of circles - 13-1/2 inches apart.

b. All rounds fired must hit within these circles.

c. Minimum 92% qualification score = 25 rounds total requiring 23 hits. With regard to scoring:

(1) 25 points (1 round is good for 1 point).

(2) 92% of shots must be "in circle" hits for a passing grade (2 misses allowed on total course).

(3) Shots not taken during stage 5 when a "no-shoot" situation is presented scores a point, just as an accurate shot in a hostile situation.

(4) 92% is 23 of 25 possible points.

3. A certified advanced handgun firearms instructor must be on the range during all phases of advanced handgun training. There shall be no less than one certified firearms instructor per four students.

D. Course: Virginia private security advanced handgun course of fire.

1. Stage 1: Shoot/don't shoot drill. Stage 1 of the advanced handgun course of fire is conducted in a classroom using a 16 mm film or video cassette tape, or other audiovisual electronics, of firearms combat scenarios or in practical exercises on the range to assess the student's decision-making capability given job-related shoot/don't shoot incidents.

After the interaction of the scenario, the students must explain all of their commands and actions.

Dry-fire response from a weapon rendered safe should be incorporated into the scenario interaction.

2. Stage 2: Turn-and-fire drill. Stage 2 of the advanced handgun course of fire is held at a firing range and consists of turn-and-fire drills from varying distances (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," the students must quickly turn while acquiring a firm grip on the weapon. Once facing the target and in a stable position, they must safely draw and fire 2 rounds at the designated target circle. After shooting, while facing the target, the student must reholster safely, then turn around to face up range, ready to continue the exercise. The "fire" commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

3. Stage 3: Failure to stop drill. Stage 3 of the advanced handgun course of fire is held at a firing range and consists of failure to stop drills fired from the 7-yard line (straight draw hip holsters only).

All handguns are loaded with 6 rounds of ammunition and are safely holstered. Shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the target. Upon the command "fire," given at approximately the 7-yard line, each shooter must safely turn around while acquiring a firm grip on their weapon as performed in the previous drill. Once facing the target, the students will draw and fire 2 rounds at the 8-inch body circle, and then one immediate round to the 4-inch head circle. The student will then safely reholster. The drill will be repeated three times.

4. Stage 4: Multiple target identification drill. Stage 4 of the advanced handgun course of fire is held at a firing range and consists of multiple target identification drills fired from varying distances (straight draw hip holsters only).

Each shooter will line up on a set of three targets. Only two shooters at one time can complete this exercise on a standard 10-12 station range. However, smaller ranges may allow for only one shooter at a time.

Each handgun is loaded with six rounds of ammunition and safely holstered. The shooters are positioned with their backs to the targets, facing the instructor up-range. The instructor will command all shooters to walk at a normal pace, directly away from the targets. Upon the command "left," "right," or "center," the student must again turn around safely while establishing a firm grip on the weapon. Then, once stable, the student must quickly draw and fire 2 rounds at the designated circle on the "called" target ("L," "R," "C"). Then, the shooter, while still facing the targets, must safely reholster, turn around to face up range, and continue the exercise. Each two-round pair must be fired within 4 seconds of the called command. Direction commands will be called at 3-5 yards, 5-7 yards, and then 8-10 yards.

5. Stage 5: Judgmental shooting. This drill combines the skills developed in the prior four stages. The shooter will be required to safely turn and fire at a "photograph" type target which may be either friendly or hostile. It requires hostile targets to be stopped using deadly force. Necessity (immediate jeopardy) is presumed for this exercise. This stage allows the instructor to evaluate the decision-making capability of the student as well as his shooting accuracy and safety.

Shooter is placed on the 10-yard line facing the instructor with the target to his rear. The target will be placed at any location along the range target line and should not be seen by the student until he is given the "turn" command during the drill. Each shooter has the opportunity to complete this drill four times. Each decision is worth one point. If he shoots at a hostile target, a hit anywhere on that target will score the point. If a friendly target is presented, it is clearly a no-shoot situation and the student should merely holster safely to score the point. There is a 4-second time limit at this stage for any "shoot" situation.

The instructor will allow each shooter two opportunities to complete this drill and place two targets downrange for each. Four points or hits are still necessary at this stage for the total score. If two targets are used, then the time limit is raised to 6 seconds, regardless of whether two hostile targets are used or one hostile with one friendly.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-410 Entry-level patrol rifle training and range qualification

A. Patrol rifle classroom training. Individual must first successfully complete security officer handgun training. The entry-level patrol rifle classroom instruction will emphasize but not be limited to:

1. Rifle handling techniques

a. Nomenclature and identification of rifle parts

b. Field striping and reassembling

c. Loading and unloading

d. Chambering

e. Reloading

f. Slings

(1) Traditional sling

(2) Single point sling

(3) 3-point sling

g. Transition from handgun to rifle and rifle to handgun

h. Malfunctions

i. Immediate actions procedures

j. Remedial action

k. Proper care and maintenance

l. Rifle retention

m. Ammunition management and identification

n. Range safety

o. Dim light/low light

2. Fundamentals of rifle marksmanship

a. Grip

b. Stance (position)

c. Sight alignment

d. Sight picture

e. Trigger control

f. Breathing

g. Follow through

3. Zeroing iron sights

a. Establishing mechanical zero

b. Zeroing process

4. Dim light shooting

a. Hours of darkness/dim light

b. Identification requirements

c. Unaided reduced light shooting techniques

d. Aided reduced light shooting techniques

5. Shooting positions

a. Fundamentals of shooting positions

b. Basic patrol positions

6. Use of force

7. Criminal and civil liability

8. Written comprehensive examination

Total hours (excluding examination) - 16 hours

B. Range qualification (no minimum hours). The purpose of the range firing course is to provide practical patrol rifle training and qualification to those individuals who carry or have immediate access to a patrol rifle in the performance of their duties with the sighting system that will be carried on duty.

C. Patrol rifle qualification course.

1. All rifle qualification will be done with a law-enforcement type and caliber rifle. A total of 60 rounds of ammunition will be fired for rifle qualification.

2. All rifle qualification firing will be done with iron sights. In addition, if an officer is using an optic while on duty, they must qualify with that optic.

3. All indoor rifle qualification firing will be done at a range that accommodates a distance of 25 yards between the shooter and the target. No variances of this distance are allowed. The indoor target system will contain two targets per shooter mounted side by side. The targets will be FBI Q-R, half-sized silhouette targets. Use of this target type will simulate shooting at 50 yards.

4. All outdoor rifle qualification firing will be done at 50 yards using the FBI Q silhouette full-sized targets. Two of these targets will be mounted side by side for each shooter.

5. FBI Q silhouette targets are used for rifle qualification, scoring will be all hits inside the bottle – value 5 points; outside the bottle – value 0 points. With these targets a maximum score of 300 points is possible. Minimum qualification is 85% or 255 points.

D. Patrol rifle course of fire.

1. Prior to qualification, all shooters are required to fire a minimum of 30 familiarization rounds which will include transition drills from handgun to rifle and rifle to handgun. Shooters will fire a minimum of 10 rounds with a handgun. This exercise is not scored and the distance is at the discretion of the instructor.

2. Stage 1: 50 yards/25 yards (indoors) – Shooters will load their rifle with a magazine of 20 rounds and place the selector on safe. From the standing position with the rifle in the sling carry position, on command the shooters will fire 5 rounds from the standing position, place the selector on safe, assume a kneeling position and fire 5 rounds, place the selector on safe; shooter will assume the prone position, the shooter will fire 10 rounds. All 20 rounds of this stage will be fired at the left hand target. (1 minute) When firing is complete shooters will place the selector on safe and await further command.

3. Stage 2: 25 yards – Shooters will load their rifle with a magazine of 15 rounds and place the selector on safe. From the standing position with the rifle in the sling carry position, on command the shooters will fire 5 rounds from the standing position, place the selector on safe, assume a kneeling position and fire 5 rounds, place the selector on safe; shooter will assume the prone position, the shooter will fire 5 rounds. All 15 rounds of this stage will be fired at the right hand target. (45 seconds) When firing is complete shooters will place the selector on safe and await further command.

4. Stage 3: 15 yards - On command shooters will assume the standing position and load rifle with a magazine of 10 rounds. On command shooters will fire 5 rounds at the right-hand target, place the selector on safe, assume the kneeling position and fire 5 rounds at the left-hand target in 15 seconds.

5. Stage 4: 7 yards - On command shooters will load rifle with a magazine of 20 rounds, selector in the safe position, and then place the rifle in the sling carry position. On command shooters will fire 2 rounds into the right target with a 2 second time limit. Upon completion of firing, shooters will place the selector on safe and the rifle in the sling carry position. This exercise will be fired 5 times with a total of 10 rounds expended.

6. Stage 5: 5 yards - On command shooters will load rifle with a magazine of 5 rounds, selector in the safe position, and then place the rifle in the sling carry position. On command shooters will fire 1 round into the left target head with a 2 second time limit. Upon completion of firing, shooters will place the selector on safe and the rifle in the sling carry position. This exercise will be fired 5 times with a total of 5 rounds expended.

E. Low light/dim light qualification course of fire.

7 yards - Under low-light conditions, on command shooters will fire 5 rounds at the left target, place the selector in the safe position, assume the kneeling position and fire 5 rounds at the right target. A time limit of 1 minute is allowed for this stage.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-420 Firearms retraining

A. All armed private security services business personnel with the exception of personal protection specialists must satisfactorily complete four hours of firearms classroom training or practical exercises and range training, and requalify for handgun as prescribed in this chapter.

B. Requalification training with the shotgun shall be comprised of three hours of classroom training or practical exercises and range training and requalification firing as specified in this chapter.

C. Requalification training with the patrol rifle shall be comprised of four hours of firearms classroom training or practical exercises and range training and requalification firing as specified in this chapter.

D. All applicable firearms retraining must be completed and documented with the department on an annual basis prior to the issuance of a firearms endorsement.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-430 Advanced handgun retraining

All armed private security services business personnel registered in the category of personal protection specialist or other armed category seeking advanced handgun designation must satisfactorily complete advanced handgun retraining, which includes eight hours of firearms classroom training and range training, and requalify for handgun as prescribed in this chapter as follows:

1. Legal authority and decision-making

2. Handgun safety, marksmanship, and skill development

3. Completion of advanced handgun course of fire

Total hours (excluding range qualification) - 8 hours

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Part X Complaints; Department Actions; Adjudication

6VAC20-174-440 Complaint submittal requirements

A. In accordance with § 9.1-141 of the Code of Virginia, this chapter establishes standards designed to secure the public safety and welfare against incompetent or unqualified persons engaging in private security services. It shall be the responsibility of the licensee, its compliance agents, and its employees to provide private security services in a professional and ethical manner utilizing sound business practices.

B. Any aggrieved or interested person may file a complaint against any person, whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing private security services or this chapter.

C. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, and providing sufficient detailed information for the department to conduct an investigation; or

3. By telephone, providing the complaint alleges activities that constitute a life-threatening situation or have resulted in personal injury or loss to the public or to a consumer or may result in imminent harm or personal injury and that provide sufficient detailed information for the department to conduct an investigation.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-450 Department investigation

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this chapter.

B. Documentation.

1. Persons regulated or required to be regulated by this chapter pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this chapter.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this chapter.

2. The department shall endeavor to keep any documentation, evidence, or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws or regulations.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-460 Disciplinary action; sanctions; publication of records.

A. Each person subject to jurisdiction of this chapter who violates any statute or regulation pertaining to private security services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation or in noncompliance of the Code of Virginia or of this chapter:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of registration or approval granted, for any period of time;

4. Revocation;

5. Refusal to issue, renew, or reinstate a registration or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted;

7. Remedial training; or

8. Conditional agreements.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this chapter but do not hold a valid registration. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director may summarily suspend a registration under this chapter without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the registrant would constitute a life-threatening situation, has resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm, personal injury, or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all persons and registrants whose conduct and activities are subject to this chapter and have been sanctioned or denied registration or approval.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-470 Fines; administrative and investigative costs

A. The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation, or denial of any registration. Such costs shall be in addition to any monetary penalty that may be imposed.

B. All monetary penalties imposed as a sanction shall be deposited into the state treasury to the credit of the State Literary Fund.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-480 Hearing process

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this chapter. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this part, the department is empowered to receive, review, investigate, and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-490 Informal fact-finding conference

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-500 Formal hearing

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine or to suspend, revoke, or deny issuance or renewal of any registration or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such registration or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-510 Appeals

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

6VAC20-174-520 Court review; appeal of final agency order

A. The agency's final administrative decision (final agency order) may be appealed. Any person affected by and claiming the unlawfulness of the agency's final case decision shall have the right to direct review thereof by an appropriate and timely court action. Such appeal actions shall be initiated in the circuit court of jurisdiction in which the party applying for review resides; however, if such party is not a resident of Virginia, the venue shall be in the city of Richmond, Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect, unless the court issues a stay of the order.

History

• Statutory Authority: § 9.1-141 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 31, Issue 25, eff. September 9, 2015.

Chapter 250 Regulations Relating to Property and Surety Bail Bondsmen

Part I Definitions

6VAC20-250-10 Definitions

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Agent " means a person who is a licensed bail bondsman who has been given power of attorney to act on behalf of a licensed property bail bondsman.

"Armed" means a bail bondsman who carries or has immediate access to a firearm in the performance of his duties.

"Bail" means the pretrial release of a person from custody upon those terms and conditions specified by order of an appropriate judicial officer.

"Bail bondsman" means any person who is licensed by the department who engages in the business of bail bonding and is thereby authorized to conduct business in all courts of the Commonwealth.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Bond" means the posting by a person or his surety of a written promise to pay a specific sum, secured or unsecured, ordered by an appropriate judicial officer as a condition of bail to assure performance of the terms and conditions contained in the recognizance.

"Certificate" means a certificate issued by a judge on or before June 30, 2005, pursuant to former § 19.2-152.1 of the Code of Virginia.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Firearm endorsement" means a method of regulation, which identifies a person licensed as a bail bondsman who has successfully completed the annual firearms training and has met the requirements as set forth in this regulation.

"Licensee" means a licensed bail bondsman.

"License number" means the official number issued to a bail bondsman licensed by the department.

"Manual processing fee" means a fee charged for applications not submitted to the department utilizing available online application processing procedures.

"Property bail bondsman" means a person pursuant to this article who, for compensation, enters into a bond or does so through his agent and who pledges real property, cash or certificates of deposit issued by a federally insured institution, or any combination thereof as security for a bond as defined in § 19.2-119 of the Code of Virginia that has been posted to assure performance of terms and conditions specified by order of an appropriate judicial officer as a condition of bail.

"Private security services training school" means a training school that is certified or licensed by the department pursuant to § 9.1-139 of the Code of Virginia for the specific purpose of training regulated personnel in at least one category of the compulsory minimum training standards.

"Recognizance" means a signed commitment by a person to appear in court as directed and to adhere to any other terms ordered by an appropriate judicial officer as a condition of bail.

"Surety bail bondsman" means a person licensed pursuant to this article who is also licensed by the State Corporation Commission as a property and casualty insurance agent, and who sells, solicits, or negotiates surety insurance as defined in § 38.2-121 of the Code of Virginia on behalf of insurers licensed in the Commonwealth, pursuant to which the insurer becomes surety on or guarantees a bond, as defined in § 19.2-119 of the Code of Virginia, that has been posted to assure performance of terms and conditions specified by order of an appropriate judicial officer as a condition of bail.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Part II Fees

6VAC20-250-20 Fees

A. Schedule of fees. The nonrefundable application processing fees listed below reflect the costs that are sufficient to cover all expenses for administration and operation of the program. These fees include the costs of handling, issuance, and production associated with administering and processing applications for licensing and other administrative requests for services relating to bail bonding services.

| Bail bondsman license application (Initial/Renewal) | $900 | | | --- | --- | --- | | Licensure category fee: | | | | | Surety | $100 | | | Agent | $100 | | | Property | $250 | | Firearms endorsement (annually) | $30 | | | Fingerprint card processing | $50 | | | Replacement photo identification | $30 | | | Reinstatement | $250 | | | In-service alternate training credit | $25 | | | Manual processing fee | $20 | |

B. Dishonor of fee payment due to insufficient funds.

1. The department may suspend the license it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the licensee may request that the suspended license or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Part III Licensing Procedures and Requirements

6VAC20-250-30 Bail bondsman eligibility

A. Persons required to be licensed as a bail bondsman pursuant to subdivision 47 of § 9.1-102 of the Code of Virginia, shall meet all licensure requirements in this section. Persons who carry or have access to a firearm while on duty must have a valid license with a firearm endorsement as described under 6VAC20-250-80. If carrying a handgun concealed, the person must also have (i) a valid concealed handgun permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia and (ii) the written permission of his employer.

B. Each person applying for a bail bondsman license shall meet the minimum requirements for eligibility as follows:

1. Be a minimum of 18 years of age;

2. Be a United States citizen or legal resident alien of the United States; and

3. Have received a high school diploma or passed a high school equivalency examination approved by the Board of Education.

4. Have successfully completed all initial training requirements, pursuant to the compulsory minimum training standards in Part IV (6VAC20-250-130 et seq.) of this chapter.

5. Have successfully completed the bail bondsman exam required by the board at a certified or licensed private security services training school with a minimum passing grade of 70%.

C. The following persons are not eligible for licensure as bail bondsmen and may not be employed nor serve as the agent of a bail bondsman:

1. Persons who have been convicted of a felony within the Commonwealth, any other state, or the United States, who have not been pardoned, or whose civil rights have not been restored;

2. Employees of a local or regional jail;

3. Employees of a sheriff's office;

4. Employees of a state or local police department;

5. Persons appointed as conservators of the peace pursuant to Article 4.1 (§ 9.1-150.1 et seq.) of Chapter 1 of Title 9.1 of the Code of Virginia;

6. Employees of an office of an attorney for the Commonwealth;

7. Employees of the Department of Corrections, Department of Criminal Justice Services, or a local pretrial or community-based probation services agency; and

8. Spouses of or any persons residing in the same household as persons referred to in subdivisions 2 through 7 of this subsection.

D. The exclusions in subsection C of this section shall not be construed to limit the ability of a licensed bail bondsman to employ or contract with a licensed bail enforcement agent authorized to do business in the Commonwealth.

History

• Statutory Authority: §§ 9.1-102 and 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008; amended, Virginia Register Volume 31, Issue 23, eff. August 12, 2015.

6VAC20-250-40 Initial bail bondsman license application

A. Prior to the issuance of any bail bondsman license, each bondsman applicant shall:

1. Pass the bail bondsman exam as prescribed by the board at a certified or licensed private security services training school with a minimum passing grade of 70%. Any applicant who improperly uses notes or other reference materials, or otherwise cheats on the exam, shall be ineligible to become a licensed bail bondsman.

2. Successfully complete entry-level training, and firearms training if applicable, pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-250-130 et seq.) of this chapter.

3. File with the department a completed application for such license on the form and in the manner provided by the department.

4. Submit fingerprints to the department pursuant to 6VAC20-250-50.

5. Submit the appropriate nonrefundable application processing fee and appropriate category fee to the department.

6. Maintain a physical address in Virginia where records required to be maintained by the Code of Virginia and this regulation are kept and available for inspection by the department. A post office box is not a physical address.

7. Provide the legal entity name, all fictitious names and physical addresses of all companies under which he carries out his bail bonding business.

B. Additionally, prior to the issuance of a property bail bondsman license, each property bail bondsman applicant shall provide proof of collateral of $200,000 on his bonds and proof of collateral of $200,000 on the bonds of each of his agents. Any collateral that is not in the form of real estate, cash, or certificates of deposit issued by a FDIC-insured financial institution shall be specifically approved by the department before it may be used as collateral.

C. A property bail bondsman license will not be issued if the true market value of the equity in his collateral of real estate, cash or certificates of deposit issued by a federally insured institution, or any combination thereof does not meet or exceed $200,000 on his bonds or the bonds of each of his agents.

1. If the property used as collateral is real estate, such real estate shall be located in the Commonwealth. In addition, the property bail bondsman applicant shall submit to the department:

a. A true copy of the current real estate tax assessment thereof, certified by the appropriate assessing officer of the locality wherein such property is located or, at the option of the property bail bondsman, an appraisal of the fair market value of the real estate, which appraisal shall have been prepared by a licensed real estate appraiser, within one year of its submission.

b. A new appraisal, if, at its discretion, the department so orders for good cause shown prior to certification. At the discretion of the department, after the original submission of any property appraisal or tax assessment, further appraisals or tax assessments for that property may not be required more than once every five years.

c. An affidavit by the property bail bondsman applicant that states, to the best of such person's knowledge, the amount of equity in the real estate, and the amounts due under any obligations secured by liens or similar encumbrances against the real estate, including any delinquent taxes, as of the date of the submission. At its discretion, the department may require additional documentation to verify these amounts.

2. If the property used as collateral consists of cash or certificates of deposit, the property bail bondsman applicant shall submit to the department verification of the amounts, and the names of the financial institution in which they are held. At its discretion, the department may require additional documentation to verify these amounts.

3. Any property bail bondsman issued a certificate by a judge pursuant to former § 19.2-152.1 of the Code of Virginia, prior to July 1, 1989, who has continuously maintained his certification and who has never provided to a court collateral of $200,000 or more, shall continue to be exempt from the $200,000 collateral requirements specified above. Those property bail bondsmen who are exempted from this provision shall satisfy all of the other requirements in this article for bail bondsmen, and shall provide to the department the collateral amount to which they may bond and provide proof of his prior certification by obtaining a certified copy of (i) the certificate issued pursuant to former § 19.2-152.1 of the Code of Virginia and (ii) the documents held by the originating court that stated the collateral amount for which they were able to bond.

4. Each property bail bondsman, if so directed by the department, shall place a deed of trust on the real estate that he is using for the limit of his expected bonded indebtedness to secure the Commonwealth and shall name the attorney for the Commonwealth of the affected locality as trustee under the deed of trust, and furnish the department an acceptable appraisal and title certificate of the real estate subject to any such deed of trust.

5. Each property bail bondsman applicant shall submit signed documentation authorizing special power of attorney from an individual or appropriate resolutions or other authorizing documentation from a business entity, for the purpose of bonding on any collateral provided for licensure that is not legally in the sole ownership of the property bail bondsman.

6. Each agent bail bondsman applicant shall submit signed documentation authorizing special power of attorney from an individual or appropriate resolutions or other authorizing documentation from a business entity, for the purpose of bonding on any collateral provided for licensure by the property bail bondsman.

D. Prior to the issuance of a surety bail bondsman license, each surety bail bondsman applicant shall:

1. Submit proof of current licensing as a property and casualty insurance agent validated by the State Corporation Commission.

2. Submit copies of each qualifying power of attorney that will be used to provide surety. All qualifying powers of attorney filed with the department shall contain the name and contact information for both the surety agent and the registered agent of the issuing company. In the event an applicant for a surety bail bondsman license is unable to obtain a qualifying power of attorney prior to the issuance of his license, the department may issue a letter of temporary licensure for not more than 30 days on the condition that each qualifying power of attorney obtained be filed within the 30 days. This temporary license does not permit a surety bail bondsman to write bail bonds for any insurance company without first filing the company qualifying power of attorney with the department.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-50 Fingerprint processing

A. Each person applying for initial or renewal licensure as a bail bondsman 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 person or persons have a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend action on the application pending the re-submittal of a classifiable fingerprint card. The applicant shall be so notified in writing and shall submit a new fingerprint card within 30 days before the processing of his application shall resume. After 30 days, the initial fingerprint application process will be required to include applicable application fees.

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

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-60 Application sanctions/denial, probation, suspension and revocation

A. The department may deny a license in which any person has been convicted in any jurisdiction of any felony. Any plea of nolo contendere shall be considered a conviction for the purposes of this regulation. 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 license in which any person has not maintained good standing in every jurisdiction where licensed; has had his license 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 licensing 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. The department may deny licensure to a person for other just cause.

E. A licensee shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this regulation. Disciplinary action shall be in accordance with procedures prescribed by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). The disciplinary action may include but is not limited to a letter of censure, fine, probation, suspension or revocation.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-70 License issuance

A. Upon completion of the initial license application requirements, the department may issue an initial license for a period not to exceed 24 months.

B. Each license shall be issued to the applicant named on the application and shall be valid only for the person named on the license. No license shall be assigned or otherwise transferred to another person.

C. Each licensee shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this regulation.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-80 Additional category application

Licensed individuals seeking to add categories to a current license must:

1. Submit a properly completed application provided by the department;

2. Meet all licensure requirements pursuant to 6VAC20-250-40 B through D; and

3. Submit the applicable, nonrefundable category fee.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-90 Firearm endorsement

A. In addition to applying for a bail bondsman license, each applicant who carries or has immediate access to a firearm while on duty must apply for such endorsement on a form and in the manner prescribed by the board and containing any information the board requires.

B. Prior to the issuance of a firearm endorsement, each applicant shall:

1. Successfully complete the entry-level firearms training, pursuant to the compulsory minimum training standards set forth in Part IV (6VAC20-250-130 et seq.) of this chapter; and

2. Submit the appropriate nonrefundable application-processing fee to the department.

C. Upon completion of the application requirements, the department may issue a firearm endorsement for a period not to exceed 12 months.

D. Firearms endorsements may be reissued for a period not to exceed a period of 12 months when the applicant has met the following requirements:

1. Filed with the department a completed application for such endorsement on the form and in the manner provided by the department at least 30 days prior to expiration of their current endorsement;

2. Successfully completed the firearms retraining pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-250-130 et seq.) of this chapter; and

3. Submitted the appropriate nonrefundable application processing fee to the department.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-100 License renewal application

A. Each applicant for licensure renewal shall submit an application no later than 30 days prior to the expiration of the current license. The department will provide a renewal notification to the last known mailing address of the licensed person. However, if a renewal notification is not received by the person, it is the responsibility of the person to ensure renewal requirements are filed with the department.

B. Each person applying for license 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 compulsory minimum training standards set forth under Part IV (6VAC20-250-130 et seq.) of this chapter; and

2. Be in good standing in every jurisdiction where licensed. This subdivision shall not apply to any probationary periods during which the person is eligible to operate under the license.

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

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

2. Fingerprint cards submitted pursuant to 6VAC20-250-50;

3. The applicable, nonrefundable license renewal fee, and appropriate category fee;

4. Proof of successful completion of in-service training pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-250-130 et seq.) of this chapter; and

5. All other documentation listed in 6VAC20-250-40 B and C.

D. Upon completion of the renewal license application requirements, the department may issue a license for a period not to exceed 24 months.

E. Any renewal application received by the department shall meet all renewal requirements prior to the expiration date of a license or shall be subject to the initial bail bondsman license application requirements pursuant to 6VAC20-250-40.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-110 License termination

A. Any surety bail bondsman license issued pursuant to this part shall terminate immediately upon the termination of the licensee's property and casualty insurance agent license, and may not be applied for again until the person has been issued a new property and casualty insurance agent license.

B. Any property bail bondsman license or agent bail bondsman license pursuant to this article shall terminate immediately if the collateral requirements are not maintained and may not be applied for again until the person has met the collateral requirements pursuant to 6VAC20-250-40.

C. A bail bondsman may apply for reinstatement of the terminated license no more than 120 days from termination with the appropriate reinstatement application and nonrefundable fees. After 120 days application for a bail bondsman license shall be subject to the initial bail bondsman license application requirements pursuant to 6VAC20-250-40.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-120 Replacement state issued identification

Licensed person seeking a replacement state issued photo identification shall submit to the department:

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

2. The applicable, nonrefundable application fee.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Article 1 Training Requirements

6VAC20-250-130 Entry-level training

A. Each bail bondsman as defined by § 9.1-185 of the Code of Virginia, must meet the compulsory minimum training standards herein established, unless provided for otherwise in accordance with this regulation.

B. Training must be completed at a private security services training school certified or licensed by the department.

C. Training will be credited only if application for licensure is submitted to the department within 12 months of completion of training.

D. Hour requirement. The compulsory minimum entry-level training hour requirement by category, excluding examinations, practical exercises and range qualification, shall be:

1. Bail bondsman core training - 40 hours

2. Firearms training - 14 hours

E. Course content. The compulsory minimum entry-level training course content by category, excluding examinations, mandated practical exercises and range qualification, shall be as provided in this subsection.

Core subjects. The entry-level curriculum set forth the following areas identified as:

I. Orientation - two hours.

A. Ethical standards

1. Professionalism

2. Misrepresentation

3. Conflicts of interest

4. Information protection, confidentiality, and discretion requirements

B. Brief introduction to Code of Virginia and regulations relating to bail bondsman

II. Law - 12 hours plus one practical exercise.

A. Code of Virginia and regulations relating to bail bondsman

1. Definitions

2. Licensing procedures and requirements

3. Compulsory minimum training standards

4. Standards of practice and prohibited acts

5. Administrative requirements/standards of conduct

6. Administrative reviews, complaints, procedures, and responsibilities

B. Basic law

1. Legal terminology and definitions

2. Purpose and function of law

3. U.S. Constitution

a. Amendments

b. Bill of Rights

4. Landmark cases

5. Limitations and liability

C. Surety and property law

1. Surety bail bondsman

a. Insurance companies

b. Agent vs. attorney-in-fact

c. Virginia qualification requirements

2. Property bail bondsman

a. Virginia property requirements

b. Agent requirements

D. Courts

1. Civil court system

a. Federal

b. State

c. Local jurisdiction

d. Definitions

e. Civil judicial procedures

2. Criminal court system

a. State and federal

b. Legal authority and related issues

c. Liability concerns

d. Definitions/interpretations

e. Magistrates

E. Release from legal obligation

1. When defendant answers charge

2. Circulate the bail piece release

3. Special considerations

a. The recognizance

b. Preliminary hearing

c. Bond continuation pending pre-sentence report

d. Sentencing

e. Withhold findings

f. Bond reinstatement

III. Fugitive recovery - 24 hours plus one practical exercise.

A. Legal procedures

1. Bondsman's legal right to recover

2. Notice of show cause hearing

3. Entry of finding of default

4. Payment of forfeiture

5. Recovery: 24 months from entry of finding of default

6. Section 9.1-185.15 of the Code of Virginia, recovery of bailees

B. Criminal statutes

1. Liability considerations/liability insurance

2. Case law

3. Law enforcement

a. State

b. Federal

4. Reasonable force to effect apprehension

C. Use of recovery agents in Virginia

1. Virginia legal requirements

2. Recovery agents authority

3. Employee vs. independent contractor

4. Liability considerations/liability insurance

D. Investigative techniques

1. Surveillance

2. Court research

3. Law-enforcement coordination

4. Interviewing

5. Impersonation and misrepresentation

6. Reference materials and resource list

7. Skip-tracing techniques

8. Fugitive identification

E. Recovery procedures

1. Pursuit

a. Foot

b. Vehicular

c. Other

2. Entry and search

3. Perimeter/interior room control

F. Agent survival

1. Confrontation management

2. Use of force

3. Deadly force

4. Escalation of force

5. Emergency procedures

G. Apprehension of a fugitive

1. Compliant versus noncompliant procedures

2. Search of person

a. Personal items

b. Seizure of contraband

3. Handcuffing techniques

4. Rights of the accused

5. Detainment and transportation

6. Interstate transport

7. False arrest

IV. Responsibilities of bondsman and remanding to custody two hours plus one practical exercise.

A. Recovery in Virginia

B. Recovery out of Virginia; Uniform Extradition Act

C. International recovery

D. Legal detainment facilities

E. Entering the jail or sally port

F. Signing the bail piece/return to court

G. Hospital procedures for injuries

V. Documentation - two hours plus one practical exercise.

A. Required by the courts

B. Required by DCJS

C. Recordkeeping

D. Reporting

E. Retaining records

VI. Written examination

Total hours (excluding exam) - 40 hours

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-140 In-service training

A. Each person licensed with the department as a bail bondsman shall complete the compulsory in-service training standards within the last 12 months preceding the expiration date of licensure. If in-service training is not completed by the expiration date of licensure, entry-level training will be required pursuant to initial licensure requirements pursuant to 6VAC20-250-40.

B. Course content. The compulsory minimum in-service training course content by category, excluding examinations, practical exercises and range qualification, shall be as follows:

Bail Bondsman core subjects:

1. Legal authority - 2 hours

2. Job-related training - 6 hours

Total hours - 8 hours

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-150 In-service alternative training credit

Persons who have completed training that meets or exceeds the compulsory minimum training standards promulgated by the board for in-service training required for the individual's particular category may be authorized credit for such training, provided the training has been completed within 12 months of the expiration date of the licensure period during which in-service training is required. Such training must be provided by a third-party organization offering services or expertise for the particular training category. Official documentation of the following must accompany the application for in-service alternative training credit:

1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session;

2. An outline of the training session material, including the dates, times and specific subject matter;

3. Proof of attendance and successful completion; and

4. The applicable, nonrefundable application fee.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-160 Training extension

A. An extension of the time period to meet in-service training requirements may be approved only under specific circumstances, which do not allow bail bondsmen to complete the required procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury; and

3. Military or foreign service.

B. A request for extension shall:

1. Be submitted in writing, dated and signed by the licensee prior to the expiration date of the time limit required for completion of the requirements;

2. Indicate the projected date that the person will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness or a copy of the government orders.

C. No extension will be approved for licenses that have expired.

D. Applications for additional extensions may be approved upon written request of the licensee.

E. Approved extensions may only be granted for a period not to exceed 12 months.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Article 2 Firearms Training Requirements

6VAC20-250-170 General firearms training requirements

Firearms training endorsement is required for all bail bondsmen who carry or have access to a firearm while on duty. Each person who carries or has access to firearms while on duty shall qualify with each type of action and caliber of firearm to which he has access.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-180 Firearms (handgun/shotgun) entry-level training

All armed bail bondsmen must satisfactorily complete the firearms classroom training, practical exercises and range training, as prescribed in the Regulations Relating to Private Security Services (6VAC20-171) for handgun and for shotgun, if applicable, prior to the issuance of the firearms endorsement.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-190 Firearms (handgun/shotgun) retraining

On an annual basis all armed bail bondsman must requalify for a firearms endorsement by satisfactorily completing firearms classroom training, practical exercises and range training, as prescribed in the Regulations Relating to Private Security Services (6VAC20-171) for handgun and for shotgun, if applicable.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-200 Prior firearms training exemption

A. Persons having previous department-approved firearms training may be authorized credit for such training that meets or exceeds the compulsory minimum training standards for a firearm endorsement, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial in-service training credit:

1. Completion of department-approved firearms training; and

2. Qualification at a Virginia criminal justice agency, academy or correctional department.

B. Individuals requesting a training exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue a training exemption on the basis of individual qualifications as supported by required documentation.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Article 3 Training Sessions

6VAC20-250-210 Bail bondsmen and firearms training sessions

A. Training sessions will be conducted by private security services training schools certified or licensed under the Regulations Relating to Private Security Services (6VAC20-171) or by the department in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance and standards of conduct are the responsibility of the training school, training school director and instructor of the training session.

B. Administrative requirements.

1. In a manner approved by the department, a notification to conduct a training session shall be submitted to the department. All notifications shall be received by the department, or postmarked if mailed, no less than seven calendar days prior to the beginning of each training session to include the date, time, instructors and location of the training session. The department may allow a session to be conducted with less than seven calendar days of notification with prior approval. Session notifications require no fee from the training school. A notification to conduct a training session shall be deemed to be in compliance unless the department notifies the training school director to the contrary.

2. Notification of any changes to the dates, times, location or cancellation of a future training session must be submitted to the department in writing and received by the department at least 24 hours in advance of the scheduled starting time of the class. In the event that a session must be cancelled on the scheduled date, the department must be notified immediately followed by a cancellation in writing as soon as practical.

3. On a form provided by the department, the training school director shall issue an original training completion form and training certificate to each student who satisfactorily completes a training session no later than five business days following the training completion date.

4. In a manner approved by the department, the training school director shall submit an original training completion roster to the department affirming each student's successful completion of the session. The training completion roster shall be received by the department within seven calendar days, or postmarked if mailed, no later than five business days following the training completion date.

5. A written examination shall be administered at the conclusion of each entry-level training session. The examination shall be based on the applicable learning objectives. The student must attain a minimum grade of 70% for all entry-level training examinations to satisfactorily complete the training session.

6. Firearms classroom training shall be separately tested and graded. Individuals must achieve a minimum score of 70% on the firearms classroom training examination.

7. Failure to achieve a minimum score of 70% on the firearms classroom written examination will exclude the individual from the firearms range training.

8. To successfully complete the firearms range training; the individual must achieve a minimum qualification score of 75% of the scoring value of the target.

9. To successfully complete the bail bondsman entry-level training session, the individual must:

a. Successfully complete each of the three graded practical exercises required; and

b. Pass the written examination with a minimum score of 70%.

C. Attendance.

1. Individuals enrolled in an approved training session are required to be present for the hours required for each training session.

2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. Such training must be completed within 60 days after the completion of the training session. Individuals not completing the required training within this period are required to complete the entire training session.

3. Individuals that do not successfully complete the compulsory minimum training standards of the training session shall not be reported to the department except where required.

4. Each individual attending an approved training session shall comply with the regulations promulgated by the board and any other rules within the authority of the training school. If the training school director or instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on examinations, the training school director or instructor may expel the individual from the school. Notification of such action shall immediately be reported to the employing firms and the department.

D. Standards of conduct.

1. The training school, training school director and instructor shall at all times conform to the application requirements, administrative requirements and standards of conduct established for certification as a training school and instructor.

2. Training sessions will be conducted by DCJS-certified instructors or other individuals authorized to provide instruction.

3. Training sessions will be conducted utilizing lesson plans developed including at a minimum the compulsory minimum training standards established pursuant to this chapter.

4. Instruction shall be provided in no less than 50-minute classes.

5. Training sessions may not exceed nine hours of classroom instruction per day. Range qualification and practical exercises shall not be considered classroom instruction; however, total training, including the maximum allotment of nine hours classroom instruction and applicable range qualification and practical exercises, shall not exceed 12 hours per day. This does not include time allotted for breaks, meals and testing.

6. All audiovisual training aids must be accompanied by a period of instruction where the instructor reviews the content of the presentation and the students are provided the opportunity to ask questions regarding the content.

7. A training session must adhere to the minimum compulsory training standards and must be presented in its entirety. Training school directors may require additional hours of instruction, testing or evaluation procedures.

8. A training session must provide accurate and current information to the students.

9. Mandated training conducted not in accordance with the Code of Virginia and this chapter is null and void.

10. A duplicate set of instructor course materials including all student materials shall be made available to any department inspector during the training session, if requested.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-220 Recordkeeping standards

A. The bail bondsman shall retain the following for a minimum of three calendar years from the date of the termination of the liability:

1. Copies of recognizance, documentary evidence of terms of agreement between principal, indemnitor and licensed bail bondsman.

2. Copies of all written representations made to any court or to any public official for the purpose of avoiding a forfeiture of bail, setting aside a forfeiture, or causing a defendant to be released on his own recognizance.

3. Copies of all affidavits and receipts made in connection with collateral received in the course of business.

4. Evidence of the return of any security or collateral received in the course of business, including a copy of the receipt showing when and to whom the collateral was returned.

5. Copies of all written documentation in connection with the recovery of a bailee pursuant to 6VAC20-250-260.

B. Upon request of the department, a bail bondsman shall provide any documents required to be kept pursuant to this section.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008; Errata, 24:25 VA.R. 3686 August 18, 2008.

6VAC20-250-230 Reporting requirements

A. Each licensed bail bondsman shall report within 10 calendar days to the department any change in his residence, name, business name or business address and ensure that the department has the names and all fictitious names of all companies under which he carries out his bail bonding business.

B. Each licensed bail bondsman arrested for a felony shall submit a copy of the warrant of arrest within seven days to the department.

C. Each licensed bail bondsman arrested for or convicted of a felony shall report within 10 calendar days to the department the facts and circumstances regarding the criminal arrest or conviction.

D. Each licensed bail bondsman shall report to the department, within 10 calendar days of the final disposition, of the matter any administrative action taken against him by another governmental agency in the Commonwealth or in another jurisdiction. Such report shall include a copy of the order, consent to order or other relevant legal documents.

E. Each licensed bail bondsman shall report to the department within 24 hours any event in which he discharges a firearm during the course of his duties.

F. Each licensed property bail bondsman shall submit to the department, on a prescribed form, not later than the fifth day of each month, a list of all outstanding bonds on which he was obligated as of the last day of the preceding month, together with the amount of the penalty of each such bond.

G. Each licensed property bail bondsman shall report to the department any change in the number of agents in his employ within seven days of such change and concurrently provide proof of collateral of $200,000 for each new agent, in accordance with subsection C of § 9.1-185.5 of the Code of Virginia.

H. Each licensed agent bail bondsman shall report to the department termination of his employment within seven days of such termination.

I. Each licensed property bail bondsman shall report to the department within five business days any change in legal ownership or if any new lien, encumbrance, or deed of trust is placed on any real estate that is being used as collateral on his or his agents' bonds as well as the amount it is securing. The reporting requirement deadline is deemed to begin as soon as the licensed property bail bondsman learns of any change in legal ownership or of the new lien, encumbrance, or deed of trust, or should have reasonably known of the change in legal ownership or that such a lien, encumbrance, or deed of trust had been recorded.

J. Each licensed surety bail bondsman shall report to the department within 30 days any change in his employment or agency status with a licensed insurance company. If the surety bail bondsman receives a new qualifying power of attorney from an insurance company, he shall forward a copy thereof within 30 days to the department, in accordance with subdivision D 2 of § 9.1-185.5 of the Code of Virginia.

History

• Statutory Authority: §§ 9.1-102 and 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008; Errata, 24:25 VA.R. 3686 August 18, 2008; amended, Virginia Register Volume 31, Issue 23, eff. August 12, 2015.

6VAC20-250-240 General requirements

All bail bondsman are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines and this regulation.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-250 Professional conduct standards; grounds for disciplinary actions

A. Any violations of the restrictions or standards under this statute shall be grounds for placing on probation, refusal to issue or renew, sanctioning, suspension or revocation of the bail bondsman's license. A licensed bail bondsman is responsible for ensuring that his employees, partners and persons contracted to perform services for or on behalf of the bonding business comply with all of these provisions, and do not violate any of the restrictions that apply to bail bondsmen. Violations by a bondsman's employee, partner, or agent may be grounds for disciplinary action against the bondsman, including probation, suspension or revocation of license. Upon notification from the State Corporation Commission of a license suspension, the department shall immediately suspend a surety bondsman's license, pending the results of an investigation.

B. A licensed bail bondsman shall not:

1. Knowingly commit, or be a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, forgery, scheme or device whereby any other person lawfully relies upon the word, representation, or conduct of the bail bondsman.

2. Solicit sexual favors or extort additional consideration as a condition of obtaining, maintaining, or exonerating bail bond, regardless of the identity of the person who performs the favors.

3. Conduct a bail bond transaction that demonstrates bad faith, dishonesty, coercion, incompetence, extortion or untrustworthiness.

4. Coerce, suggest, aid and abet, offer promise of favor, or threaten any person on whose bond he is surety or offers to become surety, to induce that person to commit any crime.

5. Give or receive, directly or indirectly, any gift of any kind to any nonelected public official or any employee of a governmental agency involved with the administration of justice, including but not limited to law-enforcement personnel, magistrates, judges, and jail employees, as well as attorneys. De minimis gifts, not to exceed $50 per year per recipient, are acceptable, provided the purpose of the gift is not to directly solicit business, or would otherwise be a violation of board regulations or the laws of the Commonwealth.

6. Fail to comply with any of the statutory or regulatory requirements governing licensed bail bondsmen.

7. Fail to cooperate with any investigation by the department.

8. Fail to comply with any subpoena issued by the department.

9. Provide materially incorrect, misleading, incomplete or untrue information in a license application, renewal application, or any other document filed with the department.

10. Provide bail for any person if he is also an attorney representing that person.

11. Provide bail for any person if the bondsman was initially involved in the arrest of that person.

C. A licensed bail bondsman shall ensure that each recognizance on all bonds for which he signs shall contain his name, license number and contact information.

D. A surety bail bondsman shall in addition ensure that each recognizance for which he signs contains the contact information for both the surety agent and the registered agent of the issuing company.

E. An administrative fee may be charged by a bail bondsman, not to exceed reasonable costs and must be disclosed in writing. Reasonable costs may include, but are not limited to, travel, court time, recovery fees, phone expenses, administrative overhead and postage.

F. A property bail bondsman shall not enter into any bond if the aggregate of the penalty of such bond and all other bonds, on which he has not been released from liability, is in excess of four times the true market value of the equity in his real estate, cash or certificates of deposit issued by a federally insured institution, or any combination thereof.

G. A property bail bondsman or his agent shall not refuse to cover any forfeiture of bond against him or refuse to pay such forfeiture after notice and final order of the court.

H. A surety bail bondsman shall not refuse to cover any forfeiture of bond against him or refuse to pay such forfeiture after notice and final order of the court.

I. A surety bail bondsman shall not write bail bonds on any qualifying power of attorney for which a copy has not been filed with the department.

J. A surety bail bondsman shall not violate any of the statutes or regulations that govern insurance agents.

K. A licensed bail bondsman shall disclose in writing to the indemnitor if the bail bondsman has the knowledge that the bailee is being held in multiple jurisdictions.

L. A licensed bail bondsman shall not violate any provision specified in protective orders served on a potential bailee pursuant to § 16.1-253.1 of the Code of Virginia.

M. A licensed bail bondsman shall not charge a bail bond premium less than 10% or more than 15% of the amount of the bond. A licensed bail bondsman shall not loan money with interest for the purpose of helping another obtain a bail bond.

For the purpose of this subsection, "bail bond premium" means the amount of money paid to a licensed bail bondsman for the execution of a bail bond.

N. A licensed bail bondsman who has been arrested for a felony offense shall not issue any new bonds pending the outcome of the investigation by the department.

History

• Statutory Authority: §§ 9.1-102 and 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008; Errata, 24:25 VA.R. 3686 August 18, 2008; amended, Virginia Register Volume 31, Issue 23, eff. August 12, 2015.

6VAC20-250-260 Solicitation of business; standards, restrictions and requirements

A. Only licensed bail bondsmen shall be authorized to solicit bail bond business in the Commonwealth.

B. A licensed bail bondsman shall not:

1. Solicit bail bond business or have any person solicit on his behalf by directly initiating contact with any person in any court, jail, lock-up, or surrounding government property.

2. Leave any type of advertising material in any court, jail, lock-up or surrounding government property.

3. Loiter by any jail or magistrate's office unless there on legitimate business.

4. Refer a client or a principal for whom he has posted bond to an attorney for financial profit or other consideration.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-270 Recovery of bailees; methods of capture; standards and requirements; limitations

A. During the recovery of a bailee, a bail bondsman shall have a copy of the relevant recognizance for the bailee. In the event a bail bondsman is recovering the bailee of another bondsman, he shall also have written authorization from the bailee's bondsman obtained prior to affecting the capture. The department shall develop the written authorization form to be used in such circumstances.

B. A bail bondsmen shall not enter a residential structure without first verbally notifying the occupants who are present at the time of the entry.

C. Absent exigent circumstances, a bail bondsman shall give prior notification of at least 24 hours to local law enforcement or state police of the intent to apprehend a bailee. In all cases, a bail bondsman shall inform local law enforcement within 30 minutes of capturing a bailee.

D. A bail bondsman shall not break any laws of the Commonwealth in the act of apprehending a bailee.

E. A bail bondsman shall adhere to the recovery requirements pursuant to § 19.2-149 of the Code of Virginia.

F. A bail bondsman must complete and maintain the information on the recovery of a bailee on a form prescribed by the department.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-280 Collateral received in the course of business; standards and requirements

A. A licensed bail bondsman shall be permitted to accept collateral security or other indemnity from the principal, which shall be returned upon final termination of liability on the bond, including the conclusion of all appeals or appeal periods. Such collateral security or other indemnity required by the bail bondsman shall be reasonable in relation to the amount of the bond.

B. When a bondsman accepts collateral, he shall give a written receipt to the depositor. The receipt shall provide a full description of the collateral received and the terms of redemption or forfeiture. The receipt shall also include the depositor's name and contact information.

C. Any bail bondsman who receives collateral in connection with a bail transaction shall receive such collateral in a fiduciary capacity, and prior to any forfeiture of bail shall keep it separate and apart from any other funds or assets of such bail bondsman. In the event a bondsman receives collateral in the nature of a tangible good, it shall be a per se violation of the bail bondsman's fiduciary duty to make personal use of any such collateral unless there is a proper forfeiture of bail.

D. Any collateral received shall be returned with all due diligence to the person who deposited it with the bail bondsman or any assignee other than the bail bondsman as soon as the obligation is discharged and all fees owed to the bail bondsman have been paid. In any event, after a specific request for the return of the collateral by the depositor, the collateral shall be returned within 15 days after all fees owed have been paid.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-290 Uniforms and identification; standards and restrictions

A. A bail bondsman shall not wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies he is an agent of state, local, or federal government.

B. A bail bondsman shall wear or display only identification issued by or whose design has been approved by the department.

1. A bail bondsman is required to visibly display the photo identification license issued by the department while on legitimate bail bonding business on government property.

2. A bail bondsman may display an insignia or emblem that identifies his name and name of his company on the front of his shirt or outermost wear while on government property as long as the insignia or emblem is no larger then 3 x 5 inches in its entirety.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Article 1 Complaints

6VAC20-250-300 Submittal requirements

A. Any aggrieved or interested person may file a complaint against any person whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing bail bondsman services or this regulation.

B. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, that provide sufficient detailed information for the department to conduct an investigation; or

3. Telephonically, providing the complaint alleges activities that constitute a life-threatening situation, or have resulted in personal injury or loss to the public or to a consumer, or that may result in imminent harm or personal injury, and that provide sufficient detailed information for the department to conduct an investigation.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-310 Department investigation

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this regulation.

B. Documentation.

1. Persons regulated or required to be regulated by this regulation pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this regulation.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this regulation.

2. The department shall endeavor to keep any documentation, evidence or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws, rules or regulations.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Article 2 Department Actions

6VAC20-250-320 Disciplinary action; sanctions; publication of records

A. Each person subject to jurisdiction of this regulation who violates any statute or regulation pertaining to bail bondsman services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation or in noncompliance of the Code of Virginia or of this regulation:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of license or approval granted, for any period of time;

4. Revocation;

5. Refusal to issue or renew a license or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted; or

7. Remedial training.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this regulation but do not hold a valid license, certification or registration. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director (chief administrative officer of the department) may summarily suspend a license under this regulation without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the licensee would constitute a life-threatening situation, or has resulted in personal injury or loss to the public or to a consumer, or that may result in imminent harm, personal injury or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all licensees whose conduct and activities are subject to this regulation and have been sanctioned or denied licensure or approval.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-330 Fines, administrative and investigative costs

The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation or denial of any license. Such costs shall be in addition to any monetary penalty that may be imposed.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Article 3 Adjudication

6VAC20-250-340 Hearing process

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this regulation. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and the procedures prescribed herein, the department is empowered to receive, review, investigate and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-350 Informal fact-finding conference

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-360 Formal hearing

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision, or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine, or to suspend, revoke or deny issuance or renewal of any license or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such license or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-370 Appeals

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director of the Department of Criminal Justice Services within 30 days following the date notification of the hearing decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

6VAC20-250-380 Court review; appeal of final agency order

A. The final administrative decision may be appealed pursuant to § 2.2-4026 of the Code of Virginia.

B. Notification shall be given to the attention of the Director of the Department of Criminal Justice Services in writing within 30 days of the date notification of the board decision was served, or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect unless the court issues a stay of the order.

History

• Statutory Authority: § 9.1-185.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 23, eff. August 20, 2008.

Chapter 260 Regulations Relating to Bail Enforcement Agents

Part I Definitions

6VAC20-260-10 Definitions

The following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Armed" means a bail enforcement agent who carries or has immediate access to a firearm in the performance of his duties.

"Bail bondsman" means any person who is licensed by the department who engages in the business of bail bonding and is thereby authorized to conduct business in all courts of the Commonwealth.

"Bail enforcement agent," also known as "bounty hunter," means any individual engaged in bail recovery.

"Bail recovery" means an act whereby a person arrests a bailee with the object of surrendering the bailee to the appropriate court, jail, or police department for the purpose of discharging the bailee's surety from liability on his bond. Bail recovery shall include investigating, surveilling or locating a bailee in preparation for an imminent arrest, with such object and for such purpose.

"Bailee" means a person who has been released on bail and who is or has been subject to a bond as defined in § 19.2-119 of the Code of Virginia.

"Board" means the Criminal Justice Services Board or any successor board or agency.

"Department" or "DCJS" means the Department of Criminal Justice Services or any successor agency.

"Firearms endorsement" means a method of regulation that identifies a person licensed as a bail enforcement agent who has successfully completed the annual firearms training and has met the requirements as set forth in this regulation.

"On duty" means the time during which bail enforcement agents receive or are entitled to receive compensation for employment for which licensure is required.

"Private security services training school" means a training school that is certified or licensedby the department for the specific purpose of training regulated personnel in at least one category of the compulsory minimum training standards.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Part II Fees

6VAC20-260-20 Fees

A. Schedule of fees. The following fees reflect the costs of handling, issuance, and production associated with administering and processing applications for licensing and other administrative requests for services relating to bail enforcement services:

| Categories | Fees | | --- | --- | | Initial bail enforcement agent license | $200 | | Bail enforcement agent license renewal (biannually) | $200 | | Firearms endorsement (annually) | $30 | | Fingerprint card processing (biannually) | $50 | | Replacement photo identification | $30 | | Partial training exemption | $25 | | In-service alternative training credit | $25 |

B. Reinstatement fee.

1. The department shall collect a reinstatement fee for license renewal applications not received on or before the expiration date of the expiring license.

2. The reinstatement fee shall be 50% above and beyond the renewal fee of the license or any other credential issued by the department wherein a fee is established and renewal is required.

C. Dishonor of fee payment due to nonsufficient funds.

1. The department may suspend the license it has granted any person who submits a check or similar instrument for payment of a fee required by statute or regulation that is not honored by the financial institution upon which the check or similar instrument is drawn.

2. The suspension shall become effective upon receipt of written notice of the dishonored payment. Upon notification of the suspension, the licensee may request that the suspended license or authority be reinstated, provided payment of the dishonored amount plus any penalties or fees required under the statute or regulation accompanies the request. Suspension under this provision shall be exempt from the Administrative Process Act.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Part III Licensing Procedures and Requirements

6VAC20-260-30 Bail enforcement agent eligibility

A. Persons required to be licensed pursuant to subdivision 47 of § 9.1-102 of the Code of Virginia as a bail enforcement agent shall meet all licensure requirements in this section. Persons who carry or have access to a firearm while on duty must have a valid license with a firearms endorsement as described under 6VAC20-260-80. If carrying a handgun concealed, the person must also (i) have a valid concealed handgun permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia and (ii) the written permission of his employer.

B. Each person applying for a bail enforcement agent license shall meet the minimum requirements for eligibility as follows:

1. Be a minimum of 21 years of age;

2. Be a United States citizen or legal resident alien of the United States;

3. Have received a high school diploma or passed a high school equivalency examination approved by the Board of Education; and

4. Have successfully completed all initial training requirements, including firearms endorsement if applicable, requested pursuant to the compulsory minimum training standards in Part IV (6VAC20-260-120 et seq.) of this chapter.

C. The following persons are not eligible for licensure as a bail enforcement agent and may not be employed by or serve as agents for a bail enforcement agent:

1. Persons who have been convicted of a felony within the Commonwealth, any other state, or the United States, who have not been pardoned or whose civil rights have not been restored.

2. Persons who have been convicted of any misdemeanor within the Commonwealth, any other state, or the United States within the preceding five years. This prohibition may be waived by the department, for good cause shown, so long as the conviction was not for one of the following or a substantially similar misdemeanor: carrying a concealed weapon, assault and battery, sexual battery, a drug offense, driving under the influence, discharging a firearm, a sex offense, or larceny.

3. Persons who have been convicted of any misdemeanor within the Commonwealth, any other state, or the United States, that is substantially similar to the following: brandishing a firearm or stalking. The department may not waive the prohibitions under this subdivision.

4. Persons currently the subject of a protective order within the Commonwealth or another state.

5. Employees of a local or regional jail.

6. Employees of a sheriff's office or a state or local police department.

7. Commonwealth's attorneys and any employees of their offices.

8. Employees of the Department of Corrections, Department of Criminal Justice Services, or a local pretrial or community-based probation services agency.

D. The exclusions in subsection C of this section shall not be construed to prohibit law enforcement from accompanying a bail enforcement agent when he engages in bail recovery.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009; amended, Virginia Register Volume 31, Issue 21, eff. July 15, 2015.

6VAC20-260-40 Initial bail enforcement agent license application

Prior to the issuance of any bail enforcement agent license, each agent applicant shall:

1. File with the department a completed application for such license on the form and in the manner provided by the department;

2. Provide the address of a physical location in Virginia where records required to be maintained pursuant to 6VAC20-260-230 are kept and available for inspection by the department. A post office box is not a physical location;

3. Successfully complete entry-level training, and firearms training if applicable, pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-260-120 et seq.) of this regulation;

4. Submit fingerprints to the department pursuant to 6VAC20-260-50; and

5. Submit the appropriate nonrefundable application processing fee to the department.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-50 Fingerprint processing

A. Each person applying for licensure as a bail enforcement agent 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 person or persons has a record of conviction.

C. Fingerprint cards found to be unclassifiable will suspend action on the application pending the resubmittal of a classifiable fingerprint card. The applicant shall be so notified in writing and shall submit a new fingerprint card within 30 days before the processing of his application shall resume. After 30 days, the initial fingerprint application process will be required to include applicable application fees.

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

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-60 Application sanctions/denial, probation, suspension and revocation

A. The department may deny a license in which any person has been convicted in any jurisdiction of any felony. Any plea of nolo contendere shall be considered a conviction for the purposes of this regulation. 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 license in which any person (i) has not maintained good standing in every jurisdiction where licensed; (ii) has had his license denied upon initial application, suspended, revoked, surrendered, or not renewed; or (iii) has otherwise been disciplined in connection with a disciplinary action prior to applying for licensing 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. The department may deny licensure to a person for other just cause.

E. A licensee shall be subject to disciplinary action for violations or noncompliance with the Code of Virginia or this regulation. 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.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-70 License issuance

A. Upon completion of the initial license application requirements, the department may issue an initial license for a period not to exceed 24 months.

B. Each license shall be issued to the applicant named on the application and shall be valid only for the person named on the license. No license shall be assigned or otherwise transferred to another person.

C. Each licensee shall comply with all applicable administrative requirements and standards of conduct and shall not engage in any acts prohibited by applicable sections of the Code of Virginia and this regulation.

D. At the discretion of the department, a temporary license may be issued for a 30-day period while awaiting the results of the applicant's criminal history records search based on extenuating circumstances.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-80 Firearms endorsement

A. In addition to applying for a bail enforcement agent license, each applicant who carries or has access to a firearm while on duty must apply for such endorsement on a form and in the manner prescribed by the board and containing any information the board requires.

B. Prior to the issuance of a firearms endorsement, each applicant shall:

1. Successfully complete the entry-level firearms training pursuant to the compulsory minimum training standards as set forth in Part IV (6VAC20-260-120 et seq.) of this regulation; and

2. Submit the appropriate nonrefundable application processing fee to the department.

C. Upon completion of the application requirements, the department may issue a firearms endorsement for a period not to exceed 12 months.

D. Firearms endorsements may be reissued for a period not to exceed a period of 12 months when the applicant has met the following requirements:

1. Filed with the department a completed application for such endorsement on the form and in the manner provided by the department at least 30 days prior to expiration of the current endorsement;

2. Successfully completed the firearms retraining, pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-260-120 et seq.) of this regulation; and

3. Submitted the appropriate nonrefundable application processing fee to the department.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-90 License renewal application

A. The department should receive applications for licensure renewal at least 30 days prior to expiration. The department will provide a renewal notification to the last known mailing address of the licensed person. However, if a renewal notification is not received by the person, it is the responsibility of the person to ensure renewal requirements are filed with the department. License renewal applications must be received by the department and all license requirements must be completed prior to the expiration date or shall be subject to all applicable, nonrefundable renewal fees plus reinstatement fees. Outstanding fees or monetary penalties owed to DCJS must be paid prior to issuance of a renewal.

B. Each person applying for license 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 compulsory minimum training standards set forth under Part IV (6VAC20-260-120 et seq.) of this regulation;

2. Be in good standing in every jurisdiction where licensed. This subdivision shall not apply to any probationary periods during which the person is eligible to operate under the license; and

3. Maintain eligibility pursuant to 6VAC20-260-30 B.

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

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

2. Fingerprint cards submitted pursuant to 6VAC20-260-50;

3. The applicable, nonrefundable license renewal fee; and

4. Proof of successful completion of the in-service training, pursuant to the compulsory minimum training standards set forth under Part IV (6VAC20-260-120 et seq.) of this regulation.

D. Upon completion of the renewal license application requirements, the department may issue a license for a period not to exceed 24 months.

E. Any renewal application received after the expiration date of a license shall be subject to the requirements set forth by the reinstatement provisions of this chapter.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-100 Replacement state issued identification

A licensed person seeking a replacement state-issued photo identification shall submit to the department:

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

2. The applicable, nonrefundable application fee.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-110 Reinstatement

A. A bail enforcement agent license not renewed on or before the expiration date shall become null and void. Pursuant to the Code of Virginia, all such persons must currently be licensed with the department to provide bail enforcement agent services.

B. A renewal application must be received by the department within 60 days following the expiration date of the license in order to be reinstated by the department, providing all renewal requirements have been met. Prior to reinstatement, the following shall be submitted to the department:

1. The appropriate renewal application and completion of renewal requirements, including required training pursuant to this chapter; and

2. The applicable, nonrefundable reinstatement fee pursuant to this chapter and in accordance with 6VAC20-260-20 B.

The department shall not reinstate renewal applications received after the 60-day reinstatement period has expired. It is unlawful to operate without a valid license including during a reinstatement period.

C. No license shall be renewed or reinstated when all renewal application requirements are received by the department more than 60 days following the expiration date of the license. After that date, the applicant shall meet all initial application requirements, including applicable training requirements.

D. Following submittal of all reinstatement requirements, the department will process and may approve any application for reinstatement pursuant to the renewal process for the application.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Article 1 Training Requirements

6VAC20-260-120 Entry-level training

A. Each bail enforcement agent as defined by § 9.1-186 of the Code of Virginia must meet the compulsory minimum training standards established in this part unless provided for otherwise in accordance with this regulation.

B. Training will be credited only if application for licensure is submitted to the department within 12 months of completion of training.

C. The compulsory minimum entry-level training hour requirement by category, excluding examinations, practical exercises and range qualification, shall be:

1. Bail Enforcement Core Training -- 40 hours.

2. Firearms Training -- 14 hours.

D. The compulsory minimum entry-level training course content, excluding examinations, mandated practical exercises and range qualification, shall be as provided in this subsection.

Core subjects. The entry-level curriculum sets forth the following areas identified as:

I. Orientation: ethics -- 2 hours

A. Ethics

1. Professionalism

2. Conflict of Interest

3. Code of Ethics

II. Law: Code of Virginia and Regulations; basic law; courts; and bail enforcement -- 12 hours + 1 practical exercise

A. Code of Virginia and Regulations

1. Definitions

2. Licensing Procedures and Requirements

3. Compulsory Minimum Training Standards

4. Standards of Practice and Prohibited Acts

5. Administrative Requirements/Standards of Conduct

6. Administrative Reviews, Complaints, Procedures

B. Basic Law

1. Legal Terminology and Definitions

2. Purpose and Function of Law

3. U.S. Constitution

a. Bill of Rights

b. Amendments

4. Code of Virginia

a. Bail Bonding Laws

b. Laws of Arrest

5. Landmark Cases

a. Taylor v. Taintor

b. Old Fugitive Slave Laws

6. Virginia Cases

7. Limitations and Liabilities

C. Courts

1. Federal Court System

a. Criminal

b. Civil

2. State Court System

a. Criminal

b. Civil

D. Bail Enforcement

1. Right to Arrest

2. Search and Seizure

3. Uniform Extradition Act

4. Virginia Extradition Procedures

5. Legal and Criminal Forms

III. Fugitive Recovery: investigative techniques; recovery procedures; agent survival; and apprehension of a fugitive -- 24 hours + 1 practical exercise

A. Investigative Techniques

1. Surveillance

2. Court Research

3. Law Enforcement Coordination

4. Interviewing

5. Impersonation and Misrepresentation

6. Reference Materials and Resource List

7. Skip Tracing Techniques

8. Fugitive Identification

B. Recovery Procedures

1. Pursuit

a. Foot

b. Vehicular

c. Other

2. Entry and Search

3. Perimeter/Interior Room Control

C. Agent Survival

1. Confrontation Management

2. Use of Force

3. Deadly Force

4. Escalation of Force

5. Emergency Procedures

D. Apprehension of a Fugitive

1. Compliant versus Noncompliant Procedures

2. Search of Person

a. Personal Items

b. Seizure of Contraband

3. Handcuffing Techniques

4. Rights of the Accused

5. Detainment and Transportation

6. Interstate Transport

7. False Arrest

IV. Remanding to Custody: legal detainment facilities; entering the jail or sally port; signing the bail piece/return to court; and hospital procedures for injuries -- 2 hours + 1 practical exercise

A. Legal Detainment Facilities

B. Entering the Jail or Sally Port

C. Signing the Bail Piece/Return to Court

D. Hospital Procedures for Injuries

V. Written Comprehensive Examination.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-130 In-service training

A. Each person licensed with the department as a bail enforcement agent shall complete the compulsory in-service training standards within the last 12 months preceding the expiration date of licensure.

B. The compulsory minimum in-service training course content by category, excluding examinations, practical exercises and range qualification, shall be as follows:

Bail enforcement core subjects:

1. Legal authority -- 2 hours

2. Job-related training -- 6 hours

Total hours -- 8 hours

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-140 Training exemption

Persons who meet the statutory requirements as set forth in § 9.1-186 of the Code of Virginia may apply for a partial exemption from the compulsory training standards. Individuals requesting such partial exemption shall file an application furnished by the department and include the applicable, nonrefundable application fee. The department may issue such partial exemption on the basis of individual qualifications as supported by required documentation. Those applying for and receiving exemptions must comply with all regulations promulgated by the board. Each person receiving a partial exemption must apply to the department for registration within 12 months from the date of issuance; otherwise the partial exemption shall become null and void.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-150 Entry-level training exemption

A. Persons previously employed as law-enforcement officers for a local, state or federal government who have not terminated or been terminated from the employment more than five years prior to the application date must submit official documentation of the following with the application for partial exemption of the entry-level training requirements:

1. Completion of law-enforcement entry-level training; and

2. Five continuous years of law-enforcement employment, provided such employment as a law-enforcement officer was not terminated due to misconduct or incompetence.

B. Persons having previous bail enforcement agent training and five years continuous experience must submit official documentation of the following with the application for partial exemption:

1. Completion of previous bail enforcement agent training, which has been approved by the department and which meets or exceeds the compulsory minimum training standards promulgated by the board; and

2. Five years continuous experience in bail recovery, provided such experience did not end more then 12 months prior to submittal of licensure application.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-160 In-service alternative training credit

Persons who have completed training that meets or exceeds the compulsory minimum training standards promulgated by the board for the in-service training required for bail enforcement agents may be authorized credit for such training, provided the training has been completed within 12 months of the expiration date of the license period during which in-service training is required. Such training must be provided by a third party organization offering services or expertise for the particular training category. Official documentation of the following must accompany the application for in-service training credit:

1. Information regarding the sponsoring organization, including documentation regarding the instructor for each session;

2. An outline of the training session material, including the dates, times and specific subject matter;

3. Proof of attendance and successful completion; and

4. The applicable, nonrefundable application fee.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-170 Prior firearms training exemption

Persons having previous department-approved firearms training may be authorized credit for such training that meets or exceeds the compulsory minimum training standards for private security services business personnel, provided such training has been completed within the 12 months preceding the date of application. Official documentation of the following must accompany the application for partial in-service training credit:

1. Completion of department-approved firearms training; and

2. Qualification at a Virginia criminal justice agency, academy or correctional department.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-180 Renewal extension

A. An extension of the time period to meet in-service training requirements for renewal of a license may be approved only under specific circumstances that do not allow bail enforcement agents to complete the required renewal procedures within the prescribed time period. The following are the only circumstances for which extensions may be granted:

1. Extended illness;

2. Extended injury; or

3. Military deployment.

B. A request for extension shall:

1. Be submitted in writing, dated and signed by the licensee prior to the expiration date of the time limit required for completion of the requirements. This requirement may be waived by the department in cases of military deployment;

2. Indicate the projected date the person will be able to comply with the requirements; and

3. Include a copy of the physician's record of the injury or illness or a copy of the government orders.

C. No extension will be approved for licenses that have expired except in the cases involving military deployment.

D. Applications for additional extensions may be approved upon written request of the licensee.

E. Approved extensions may only be granted for a period not to exceed 12 months.

F. The bail enforcement agent shall be nonoperational during the period of extension.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Article 2 Firearms Training Requirements

6VAC20-260-190 General firearms training requirements

Firearms training endorsement is required for all bail enforcement agents who carry or have access to a firearm while on duty. Each person who carries or has access to firearms while on duty shall qualify with each type of action and caliber of firearm to which he has access.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-200 Firearms (handgun/shotgun) entry-level training

All armed bail enforcement agents must satisfactorily complete the firearms classroom training, practical exercises and range training as prescribed in 6VAC20-171, Regulations Relating to Private Security Services, for handgun and for shotgun, if applicable, prior to the issuance of the firearms endorsement.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-210 Firearms (handgun/shotgun) retraining

On an annual basis all armed bail enforcement agents must requalify for a firearms endorsement by satisfactorily completing firearms classroom training, practical exercises and range training as prescribed in 6VAC20-171, Regulations Relating to Private Security Services, for handgun and for shotgun, if applicable.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Article 3 Training Sessions

6VAC20-260-220 Bail enforcement and firearms training sessions

A. Training sessions will be conducted by private security services training schools certified or licensed under 6VAC20-171, Regulations Relating to Private Security Services, in accordance with requirements established in this chapter. Adherence to the administrative requirements, attendance and standards of conduct are the responsibility of the training school, training school director and instructor of the training session.

B. Administrative requirements.

1. In a manner approved by the department, a notification to conduct a training session shall be publicly accessible and submitted to the department upon request. All notifications shall be posted no less than seven calendar days prior to the beginning of each training session to include the date, time, instructors and location of the training session. The department may allow a session to be conducted with less than seven calendar days of notification with prior approval. A notification to conduct a training session shall be deemed to be in compliance unless the training school director is notified by the department to the contrary.

2. Notification of any changes to the dates, times, location or cancellation of a future training session must be made at least 24 hours in advance of the scheduled starting time of the class. In the event that a session must be cancelled on the scheduled date, the department must be notified immediately.

3. On a form provided by the department, the training school director shall issue an original training completion form and training certificate to each student who satisfactorily completes a training session no later than five business days following the training completion date.

4. In a manner approved by the department, the training school director shall maintain an original training completion roster and submit to the department upon request, affirming each student's successful completion of the session.

5. A written examination shall be administered at the conclusion of each entry-level training session. The examination shall be based on the applicable learning objectives. The student must attain a minimum grade of 70% for all entry-level training examinations to satisfactorily complete the training session.

6. Firearms classroom training shall be separately tested and graded. Individuals must achieve a minimum score of 70% on the firearms classroom training examination.

7. Failure to achieve a minimum score of 70% on the firearms classroom written examination will exclude the individual from the firearms range training.

8. To successfully complete the firearms range training, the individual must achieve a minimum qualification score of 75% of the scoring value of the target.

9. To successfully complete the bail enforcement agent entry-level training session, the individual must:

a. Successfully complete each of the three graded practical exercises required; and

b. Pass the written examination with a minimum score of 70%.

C. Attendance.

1. Individuals enrolled in an approved training session are required to be present for the hours required for each training session unless they have been granted a partial exemption to training from the department.

2. Tardiness and absenteeism will not be permitted. Individuals violating these provisions will be required to make up any training missed. Such training must be completed within 60 days after the completion of the training session or at the next available session offered by the training school. Individuals not completing the required training within this period are required to complete the entire training session.

3. Individuals who do not successfully complete the compulsory minimum training standards of the training session shall not be reported to the department except where required pursuant to this chapter.

4. Each individual attending an approved training session shall comply with the regulations promulgated by the board and any other rules within the authority of the training school. If the training school director or instructor considers a violation of the rules detrimental to the training of other students or to involve cheating on examinations, the training school director or instructor may expel the individual from the school. Notification of such action shall immediately be reported to the employing firms and the department.

D. Standards of conduct.

1. The training school, training school director and instructor shall at all times conform to the application requirements, administrative requirements and standards of conduct established for certification as a training school and instructor.

2. Training sessions will be conducted by certified instructors or other individuals authorized to provide instruction pursuant to this chapter.

3. Training sessions will be conducted utilizing lesson plans developed, including at a minimum the compulsory minimum training standards established pursuant to this chapter.

4. Instruction shall be provided in no less than 50-minute classes.

5. Training sessions may not exceed nine hours of classroom instruction per day. Range qualification and practical exercises shall not be considered classroom instruction; however, total training, including the maximum allotment of nine hours classroom instruction and applicable range qualification and practical exercises, shall not exceed 12 hours per day. This does not include time allotted for breaks, meals and testing.

6. All audiovisual training aids must be accompanied by a period of instruction where the instructor reviews the content of the presentation and the students are provided the opportunity to ask questions regarding the content.

7. A training session must adhere to the minimum compulsory training standards and must be presented in its entirety. Training school directors may require additional hours of instruction, testing or evaluation procedures.

8. A training session must provide accurate and current information to the students.

9. Mandated training conducted not in accordance with the Code of Virginia and this chapter is null and void.

10. A duplicate set of instructor course materials including all student materials shall be made available to any department inspector during the training session, if requested.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-230 Reporting standards and requirements

A. Each licensed bail enforcement agent shall (i) report within 10 calendar days to the department any change in his residence, name, business name, or business address and (ii) ensure that the department has the names and fictitious names of all companies under which he carries out his bail recovery business.

B. Each licensed bail enforcement agent arrested or issued a summons for any crime shall report such fact within 10 calendar days to the department and shall report to the department within 10 days the facts and circumstances regarding the final disposition of his case.

C. Each licensed bail enforcement agent shall report to the department within 10 calendar days of the final disposition any administrative action taken against him by another governmental agency in the Commonwealth or in another jurisdiction. Such report shall include a copy of the order, consent to order, or other relevant legal documents.

D. Each licensed bail enforcement agent shall report to the department within 24 hours any event in which he discharges a firearm during the course of his duties.

E. The bail enforcement agent shall retain, for a minimum of three calendar years from the date of a recovery, copies of all written documentation in connection with the recovery of a bailee pursuant to 6VAC20-260-260.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009; amended, Virginia Register Volume 31, Issue 21, eff. July 15, 2015.

6VAC20-260-240 General requirements

All bail enforcement agents are required to maintain administrative requirements and standards of conduct as determined by the Code of Virginia, department guidelines and this regulation.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-250 Professional conduct standards; grounds for disciplinary actions

A. Any violations of the restrictions or standards under the Code of Virginia or this regulation shall be grounds for placing on probation, refusal to issue or renew, sanctioning, suspension or revocation of the bail enforcement agent's license. A licensed bail enforcement agent is responsible for ensuring that his employees, partners and individuals contracted to perform services for or on his behalf comply with all of these provisions and do not violate any of the restrictions that apply to bail enforcement agents. Violations by a bail enforcement agent's employee, partner, or agent may be grounds for disciplinary action against the bail enforcement agent, including probation, suspension or revocation of license.

B. A licensed bail enforcement agent shall not:

1. Engage in any fraud or willful misrepresentation, or provide materially incorrect, misleading, incomplete or untrue information in applying for an original license or renewal of an existing license, or in submitting any documents to the department.

2. Use any letterhead, advertising, or other printed matter in any manner representing that he is an agent, employee, or instrumentality of the federal government, a state, or any political subdivision of a state.

3. Impersonate, permit or aid and abet any employee to impersonate a law-enforcement officer or employee of the United States, any state, or a political subdivision of a state.

4. Use a name different from that under which he is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name.

5. Coerce, suggest, aid and abet, offer promise of favor, or threaten any person to induce that person to commit any crime.

6. Give or receive, directly or indirectly, any gift of any kind to any nonelected public official or any employee of a governmental agency involved with the administration of justice, including but not limited to law-enforcement personnel, magistrates, judges, jail employees, and attorneys. De minimis gifts, not to exceed $50 per year per recipient, are acceptable provided the purpose of the gift is not to directly solicit business or would otherwise be a violation of department regulations or the laws of the Commonwealth.

7. Knowingly violate, advise, encourage, or assist in the violation of any statute, local jurisdictional law, court order, or injunction in the course of conducting activities regulated under this chapter.

8. Solicit business for an attorney in return for compensation.

9. Willfully neglect to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, but if the bail enforcement agent chooses to withdraw from the case and returns the funds for work not yet done, no violation of this section exists.

10. Fail to comply with any of the statutory or regulatory requirements governing licensed bail enforcement agents.

11. Fail or refuse to cooperate with any investigation by the department.

12. Fail to comply with any subpoena issued by the department.

13. Employ or contract with any unlicensed or improperly licensed person or agency to conduct activities pertaining to bail enforcement services regulated in the Code of Virginia or this regulation, if the licensure status was known or could have been ascertained by reasonable inquiry.

14. Solicit or receive a bribe or other consideration in exchange for failing to recover or detain a bailee.

15. Provide false or misleading information to representatives of the department.

C. The department shall have the authority to place on probation, suspend or revoke a bail enforcement agent's license if an agent is arrested or issued a summons for a criminal offense, or becomes the subject of a protective order.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-260 Recovery of bailees; methods of capture; standards and requirements; limitations

A. During the recovery of a bailee, a bail enforcement agent shall have a copy of the relevant recognizance for the bailee. He shall also have written authorization from the bailee's bondsman, obtained prior to effecting the capture. The department shall develop the written authorization form to be used in such circumstances.

B. A bail enforcement agent shall not enter a residential structure without first verbally notifying the occupants who are present at the time of the entry.

C. Absent exigent circumstances, a bail enforcement agent shall give prior notification of at least 24 hours to local law enforcement or state police of the intent to apprehend a bailee. In all cases, a bail enforcement agent shall inform local law enforcement within 60 minutes of capturing a bailee.

D. In the apprehension of a bailee, the bail enforcement agent shall provide a written inventory of items taken into possession to both the bailee as well as the legal detainment facility.

E. A bail enforcement agent shall not utilize a canine or security rifle in the performance of bail recovery.

F. A bail enforcement agent may not transfer a bailee to an unlicensed bail bondsman or bail enforcement agent within the Commonwealth of Virginia.

G. A bail enforcement agent shall not break any laws of the Commonwealth in the act of apprehending a bailee.

H. A bail enforcement agent shall adhere to the recovery requirements pursuant to § 19.2-149 of the Code of Virginia.

I. A bail enforcement agent must complete and maintain the information on the recovery of a bailee on a form prescribed by the department.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-270 Uniforms and identification; standards and restrictions

A. A bail enforcement agent shall not wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies he is an agent of state, local, or federal government.

B. A bail enforcement agent shall wear or display only identification issued by, or whose design has been approved by, the department.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Article 1 Complaints

6VAC20-260-280 Submittal requirements

A. Any aggrieved or interested person may file a complaint against any person whose conduct and activities are regulated or required to be regulated by the board. The complaint must allege a violation of the law governing bail enforcement services or this regulation.

B. Complaints may be submitted:

1. In writing, or on a form provided by the department, by a signed complainant;

2. In writing, submitted anonymously, that provide sufficient detailed information for the department to conduct an investigation; or

3. Telephonically, providing the complaint alleges activities that constitute a life-threatening situation, have resulted in personal injury or loss to the public or to a consumer, or may result in imminent harm or personal injury, and that provide sufficient detailed information for the department to conduct an investigation.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-290 Department Investigation

A. The department may initiate or conduct an investigation based on any information received or action taken by the department to determine compliance with the Code of Virginia and this regulation.

B. Documentation.

1. Persons regulated or required to be regulated by this regulation pursuant to the Code of Virginia are required to provide department investigators with any and all records required to be maintained by this regulation.

a. This shall not be construed to authorize the department to demand records protected under applicable federal and state laws. If such records are necessary to complete an investigation, the department may seek a subpoena to satisfy the request.

b. The department shall endeavor to review, and request as necessary, only those records required to verify alleged violations of compliance with the Code of Virginia and this regulation.

2. The department shall endeavor to keep any documentation, evidence or information on an investigation confidential until such time as adjudication has been completed, at which time information may be released upon request pursuant to applicable federal and state laws, rules or regulations.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Article 2 Department Actions

6VAC20-260-300 Penalties, criminal and monetary

A. Any person who engages in bail recovery in the Commonwealth without a valid license issued by the department is guilty of a Class 1 misdemeanor. A third conviction under this section is a Class 6 felony.

B. Any person who violates any statute or board regulation who is not criminally prosecuted shall be subject to the monetary penalty provided in this section. If the board determines that a respondent is guilty of the violation complained of, the board shall determine the amount of the monetary penalty for the violation, which shall not exceed $2,500 for each violation. The penalty may be sued for and recovered in the name of the Commonwealth.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-310 Disciplinary action; sanctions; publication of records

A. Each person subject to jurisdiction of this regulation who violates any statute or regulation pertaining to bail enforcement services shall be subject to sanctions imposed by the department regardless of criminal prosecution.

B. The department may impose any of the following sanctions, singly or in combination, when it finds the respondent in violation or in noncompliance of the Code of Virginia or of this regulation:

1. Letter of reprimand or censure;

2. Probation for any period of time;

3. Suspension of license or approval granted, for any period of time;

4. Revocation;

5. Refusal to issue or renew a license or approval;

6. Fine not to exceed $2,500 per violation as long as the respondent was not criminally prosecuted; or

7. Remedial training.

C. The department may conduct hearings and issue cease and desist orders to persons who engage in activities prohibited by this regulation but do not hold a valid license, certification or registration. Any person in violation of a cease and desist order entered by the department shall be subject to all of the remedies provided by law and, in addition, shall be subject to a civil penalty payable to the party injured by the violation.

D. The director (chief administrative officer of the department) may summarily suspend a license under this regulation without a hearing, simultaneously with the filing of a formal complaint and notice for a hearing, if the director finds that the continued operations of the licensee would constitute a life-threatening situation, or has resulted in personal injury or loss to the public or to a consumer, or which may result in imminent harm, personal injury or loss.

E. All proceedings pursuant to this section are matters of public record and shall be preserved. The department may publish a list of the names and addresses of all licensees whose conduct and activities are subject to this regulation and have been sanctioned or denied licensure or approval.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-320 Fines, administrative and investigative costs

The department may recover costs of any investigation and adjudication of any violations of the Code of Virginia or regulations that result in a sanction, including fine, probation, suspension, revocation or denial of any license. Such costs shall be in addition to any monetary penalty that may be imposed.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Article 3 Adjudication

6VAC20-260-330 Hearing process

Following a preliminary investigative process, the department may initiate action to resolve the complaint through an informal fact-finding conference or formal hearing as established in this regulation. Pursuant to the authority conferred in § 9.1-141 C 6 of the Code of Virginia and in accordance with the procedures set forth by the Administrative Process Act and the procedures prescribed in this regulation, the department is empowered to receive, review, investigate and adjudicate complaints concerning the conduct of any person whose activities are regulated by the board. The board will hear and act upon appeals arising from decisions made by the director. In all case decisions, the Criminal Justice Services Board shall be the final agency authority.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-340 Informal fact-finding conference

The purpose of an informal fact-finding conference is to resolve allegations through informal consultation and negotiation. Informal fact-finding conferences shall be conducted in accordance with § 2.2-4019 of the Code of Virginia. The respondent, the person against whom the complaint is filed, may appeal the decision of an informal fact-finding conference and request a formal hearing, provided that written notification is given to the department within 30 days of the date the informal fact-finding decision notice was served, or the date it was mailed to the respondent, whichever occurred first. In the event the informal fact-finding decision was served by mail, three days shall be added to that period.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-350 Formal hearing

A. Formal hearing proceedings may be initiated in any case in which the basic laws provide expressly for a case decision or in any case to the extent the informal fact-finding conference has not been conducted or an appeal thereto has been timely received. Formal hearings shall be conducted in accordance with § 2.2-4020 of the Code of Virginia. The findings and decision of the director resulting from a formal hearing may be appealed to the board.

B. After a formal hearing pursuant to § 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine, or to suspend, revoke or deny issuance or renewal of any license or approval, the department may assess the holder thereof the cost of conducting such hearing when the department has final authority to grant such license, registration, certification or approval, unless the department determines that the offense was inadvertent or done in good faith belief that such act did not violate a statute or regulation. The cost shall be limited to (i) the reasonable hourly rate for the hearing officer and (ii) the actual cost of recording the proceedings. This assessment shall be in addition to any fine imposed by sanctions.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-360 Appeals

The findings and the decision of the director may be appealed to the board provided that written notification is given to the attention of the Director, Department of Criminal Justice Services, within 30 days following the date notification of the hearing decision was served or the date it was mailed to the respondent, whichever occurred first. In the event the hearing decision is served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

6VAC20-260-370 Court review; appeal of final agency order

A. The final administrative decision may be appealed pursuant to § 2.2-4026 of the Code of Virginia.

B. Notification shall be given to the attention of the Director, Department of Criminal Justice Services, in writing within 30 days of the date notification of the board decision was served or the date it was mailed to the respondent, whichever occurred first. In the event the board decision was served by mail, three days shall be added to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)

C. During all judicial proceedings incidental to such disciplinary action, the sanctions imposed by the board shall remain in effect unless the court issues a stay of the order.

History

• Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 26, Issue 1, eff. October 14, 2009.

Agency 35 Department (Board) of Juvenile Justice

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

6VAC35-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department (Board) of Juvenile Justice. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department (Board) of Juvenile Justice, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Part II Notification of Interested Persons

6VAC35-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 6VAC35-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Part III Public Participation Procedures

6VAC35-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency; and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008; amended, Virginia Register Volume 36, Issue 2, eff. October 31, 2019.

6VAC35-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

6VAC35-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

• Statutory Authority: §§ 2.2-4007.02 and 66-3 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 25, eff. September 17, 2008.

Chapter 20 Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities

Part I Definitions and General Provisions

6VAC35-20-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Appeal of a finding of noncompliance" means the action taken by a facility or program administrator after a certification audit when there is disagreement with a finding of noncompliance with an individual regulatory requirement.

"Audit team leader" means the person designated by the director or designee to organize and facilitate the certification audit or the audit of a VJCCCA program or office on youth.

"Board" means the Virginia Board of Juvenile Justice.

"Certification" or "certified" means the formal finding that a program or facility is approved to operate for a specific period of time as provided for in 6VAC35-20-100.

"Certification action" means the department's decision to issue or deny certification or to decertify a program or facility as provided for in 6VAC35-20-100 or the board's decision to take action pursuant to 6VAC35-20-115.

"Certification audit" means the process by which designated personnel assess a program's or facility's compliance with applicable regulatory requirements, which includes an on-site visit, the results of which are reported in a certification audit report for certification action as provided for in 6VAC35-20-100. All facilities and court service units regulated by the board shall be subject to certification audits.

"Certification audit report" means the official report of certification audit findings prepared by the audit team leader as provided for in 6VAC35-20-90.

"Certification status" means the type of certification issued to a program or facility, which includes the period of time specified in the certificate, during which the program or facility is approved to operate and must maintain compliance with its regulatory requirements and any corrective action plan.

"Compliance" means meeting the requirements of a standard or an applicable board policy.

"Compliance documentation" means specific documents or information including records, reports, observations, and verbal responses to establish or confirm compliance with a regulatory requirement by a program or facility.

"Conditional certification" means a temporary certification status issued to a new or newly opened facility as provided for in 6VAC35-20-100.

"Corrective action plan" means a written document that, in accordance with 6VAC35-20-91, states what has been or will be done to bring all deficiencies into compliance with regulatory requirements.

"Critical regulatory requirements" means those regulatory requirements for programs or facilities, as defined by the board, that must be maintained at 100% compliance. Critical regulatory requirements were previously termed "mandatory standards."

"Decertified" means a status imposed in accordance with 6VAC35-20-120 when it is determined that a program or facility has not met an acceptable percentage of compliance with its regulatory requirements as provided for in 6VAC35-20-85.

"Deficiency" and "noncompliance" means that the program or facility (i) does not meet or has not demonstrated that it meets regulatory requirements or (ii) does not comply with the Virginia Juvenile Community Crime Control Act local plan approved by the board.

"Department" means the Virginia Department of Juvenile Justice.

"Director" means the Director of the Department of Juvenile Justice.

"Health, welfare, or safety violation" means any action or omission that causes an immediate and substantial threat to the health, welfare, or safety of the juveniles or staff in juvenile residential facilities.

"Juvenile residential facility" or "facility" means a publicly or privately operated facility or placement where 24 hour-per-day care is provided to residents who are separated from their legal guardians and that is certified pursuant to this chapter. As used in this regulation, the term includes juvenile group homes and halfway houses, juvenile secure detention centers, and juvenile correctional centers.

"Monitoring review" means a review by designated department personnel assessing the program's or facility's compliance with regulatory requirements. A monitoring review may be conducted via electronic means and does not require on-site examination of the program or facility. A monitoring review may be done in conjunction with a program's or facility's self-audit, which is provided for in 6VAC35-20-61.

"Monitoring visit" means an on-site evaluation and inspection by designated personnel to assess a program's or facility's compliance with regulatory requirements.

"Newly opened facility" means (i) a facility that is newly constructed or (ii) an existing facility that is being placed in service as a juvenile residential facility.

"Office on Youth" means nonresidential programs funded via the Virginia Delinquency Prevention and Youth Development Act (Chapter 3 (§ 66-26 et seq.) of Title 66 of the Code of Virginia).

"Preliminary summary suspension order" means an order issued by the director as provided in 6VAC35-20-37 taking immediate action against a program or facility when there is a known substantial health, welfare, or safety threat. This order is issued summarily prior to review by the board and is subject to due process protections after issuance.

"Probationary certification" means the temporary status granted to a program or facility to provide a period of time in which to demonstrate compliance with regulatory requirements.

"Program" means a court service unit or a nonresidential service subject to applicable regulatory requirements. For the purpose of this regulation, VJCCCA programs and offices on youth are not included in this definition.

"Program or facility administrator" means the individual responsible for the operations of a program or facility subject to regulatory requirements.

"Regulatory requirement" means a provision of a regulation promulgated by the board to which a program or facility must adhere. A section, subsection, or subdivision of a regulation may include multiple regulatory requirements as provided for in 6VAC35-20-85.

"Status report" means a report that summarizes a review of the areas on which there was a finding of noncompliance and states the program's or facility's compliance standing indicated through the review. For a status report, the regulatory requirements are monitored at the same level of compliance as assessed in the certification audit.

"Summary suspension order" means an order issued by the director in accordance with § 66-24 of the Code of Virginia and 6VAC35-20-37 temporarily suspending a program's or facility's certification.

"Variance" means a board action that relieves a program or facility from having to meet a specific regulatory requirement or develop a corrective action plan for that regulatory requirement for a determined period of time.

"VJCCCA program" means a nonresidential program established under the Virginia Juvenile Community Crime Control Act (Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia).

"VJCCCA program or office on youth audit" means the on-site visit by designated department personnel to assess a program funded through the Virginia Juvenile Community Crime Control Act (Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia) or the Virginia Delinquency Prevention and Youth Development Act (Chapter 3 (§ 66-26 et seq.) of Title 66 of the Code of Virginia) for compliance with the regulatory requirements as provided for in 6VAC35-150 (Regulation for Nonresidential Services) and 6VAC35-60 (Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs), as applicable.

"VJCCCA program or office on youth audit report" means an official report of a VJCCCA program or office on youth audit.

"Waiver" means a formal statement from the department temporarily excusing a program or facility from meeting a noncritical regulatory requirement pending board action on a formal variance request.

"Written" means the required information is communicated in writing. Such writing may be available in either hard copy or electronic form.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 1.1, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-20 (Repealed.)

Historical Notes

Derived from VR690-10-001 § 1.2, eff. September 9, 1992; repealed, Virginia Register Volume 19, Issue 23, eff. September 1, 2003.

6VAC35-20-30 Purpose

This regulation prescribes how, in accordance with §§ 16.1-234, 16.1-249, 16.1-309.9, 16.1-309.10, 16.1-349, 66-10, 66-24, and 66-25.1:3 of the Code of Virginia, (i) the department will monitor and audit juvenile residential facilities, programs, VJCCCA programs, and offices on youth; (ii) the department will certify residential facilities and state-operated and local court service units that are part of the Commonwealth's juvenile justice system; and (iii) the board will review certification audit reports of programs and facilities found in noncompliance with applicable regulatory requirements.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 2.1, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-35 Guidance documents

To help programs and facilities meet all regulatory requirements, the department shall prepare guidance documents compiling all regulatory requirements applicable to each type of program or facility subject to this chapter and stating how compliance will be assessed. The guidance documents shall serve as the basis for monitoring visits, monitoring reviews, certification audits, and VJCCCA program or offices on youth audits. The guidance documents shall be posted on the department's website at http://www.djj.virginia.gov.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-36 Program or facility relationship to regulatory authority

A. The program or facility shall submit or make available to the audit team leader such reports and information required to establish compliance with applicable regulatory requirements. Documentation supporting compliance with regulatory requirements shall be retained by the program or facility from the date of the previous certification audit or VJCCCA program or office on youth audit.

B. The program or facility administrator shall notify the director or designee within five business days of any significant change in administrative structure or newly hired chief administrative officer or program or facility administrator or director.

C. The program or facility administrator shall, in accordance with the process established by the department, notify the director or designee of the following:

1. Any serious incidents affecting the health, welfare, or safety of citizens, individuals under the supervision of the department, or staff;

2. Lawsuits against or settlements relating to the health, welfare, safety, or human rights of residents; and

3. Any criminal charges or reports of suspected child abuse or neglect against staff relating to the health, welfare, safety, or human rights of residents.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-36.1 Department response to reports of health, welfare, or safety violations

Whenever the department becomes aware of a health, welfare, or safety violation, the department shall take immediate action to correct the situation if not already done by the program or facility. The department's actions may include, but are not limited to, the following:

1. Reporting the situation to child protective services, the Virginia State Police or the law-enforcement agency with jurisdiction, or other enforcement authorities, as applicable and appropriate; or

2. Taking any action authorized in 6VAC35-20-37 for violations in a juvenile residential facility.

3. Reporting to the board no later than its next regularly scheduled meeting (i) the nature and scope of the health, welfare, or safety violation and (ii) the action taken by the department or the program or facility to correct the violation.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-37 Director's authority to take immediate administrative action

A. Nothing in this regulation shall be construed to limit the director's authority to take immediate administrative action in accordance with law whenever (i) evidence is found of any health, welfare, or safety violation or (ii) a program or facility is not in compliance with regulatory requirements or the Virginia Juvenile Community Crime Control Act requirements. Such administrative action may include, but is not limited to (a) withholding funds; (b) removing juveniles from the program or facility; (c) placing the program or facility on probationary certification status for up to six months pending review by the board pursuant to 6VAC35-20-115; or (d) summarily suspending the certificate pursuant to subsection B of this section. In taking such action, the department shall notify the program or facility administrator, the administrative entity to which the program or facility reports, and the board, in writing, of the reason for the administrative action and the action the program or facility must take to correct the violation.

B. In accordance with subsection A of this section, the director may issue a preliminary summary suspension order of the certificate of the juvenile residential facility regulated by the board as follows:

1. A preliminary summary suspension order may be issued when conditions or practices exist in the facility that pose an immediate and substantial threat to the health, welfare, or safety of the residents including, but not limited to, the following:

a. Violations of any provision of applicable laws or applicable regulations made pursuant to such laws;

b. Permitting, aiding, or abetting the commission of any illegal act in the regulated facility;

c. Engaging in conduct or practices that are in violation of statutes related to abuse or neglect of children;

d. Deviating significantly from the program or services for which a certificate was issued without obtaining prior written approval from the regulatory authority or failing to correct such deviations within the specified time; or

e. Engaging in a willful action or gross negligence that jeopardizes the care or protection of the resident.

2. The director shall immediately upon issuance of the preliminary summary suspension order and without delay notify the certificate holder verbally and in writing via (i) facsimile, (ii) electronic mail, or (iii) hand delivery of the issuance of the preliminary order of suspension and the opportunity for a hearing before the director or designee within three business days of the issuance of the preliminary summary suspension order. The chair of the board must be notified immediately when the director issues a preliminary summary suspension order. In accordance with 6VAC35-20-36.1, the director shall report the action taken to the board no later than its regularly scheduled meeting.

a. The certificate holder may decline the opportunity for an appeal to the director or designee.

b. Whenever an appeal is requested and a criminal charge is also filed against the appellant involving the same conduct, the appeal process shall be stayed until the criminal prosecution is completed. During such stay, the certificate holder's right of access to the records of the department regarding the matter being appealed shall also be stayed. Once the criminal prosecution in court has been completed, the department shall advise the appellant in writing of his right to resume his appeal within the time frames provided by law and regulation.

3. The certificate holder may appear before the director or designee by personal appearance or by telephone. Any documents filed may be transmitted by facsimile and the facsimile and any signatures thereon shall serve, for all purposes, as an original document.

a. Upon request, the department shall provide the appellant a summary of the information used in making its determination. Information prohibited from being disclosed by state or federal law or regulation shall not be released. In the case of any information being withheld, the certificate holder shall be advised of the general nature of the information and the reasons, of privacy or otherwise, that it is being withheld.

b. The director or designee shall preside over the appeal. With the exception of the director, no person whose regular duties include substantial involvement with the certification of the facilities shall preside over the appeal.

(1) The certificate holder may be represented by counsel.

(2) The certificate holder shall be entitled to present the testimony of witnesses, documents, factual data, arguments, or other submissions of proof.

4. The director or designee shall have the authority to sustain, amend, or reverse the preliminary summary suspension order. If sustained or amended, the order is considered final. The director or designee shall notify the certificate holder in writing of the results of the appeal and of the right to appeal the final order to the appropriate circuit court within 10 business days of the decision. Notification of the results of the appeal before the director or designee shall be mailed certified with return receipt to the certificate holder.

a. The chair of the board must be immediately notified when the director issues a final summary suspension order. In accordance with 6VAC35-20-36.1, the director shall report the action taken to the board no later than its next regularly scheduled meeting.

b. If the certificate holder is not satisfied, the certificate holder may dispute the noncompliance finding in accordance with 6VAC35-20-90.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 25, Issue 4, eff. December 12, 2008; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-40 (Repealed.)

Historical Notes

Derived from VR690-10-001 § 2.2, eff. September 9, 1992; repealed, Virginia Register Volume 19, Issue 23, eff. September 1, 2003.

Part II Certification Audits of Programs and Facilities

6VAC35-20-50 Preaudit process for certification audits

A. At least six months in advance of a certification audit, the department shall notify each program or facility to be audited of the scheduled audit date and the name of the designated audit team leader.

B. At least 90 calendar days before the scheduled audit, the program or facility administrator may request that the audit be rescheduled. Except as provided in 6VAC35-20-100, audits, even if rescheduled, must occur before the expiration of the current certification, unless specifically approved by the director.

C. The audit team leader shall provide the program or facility administrator with a list of audit team members as soon as practicable, but no later than 10 business days before the scheduled certification audit. Upon notification of the audit team members, the program or facility administrator may request that one or more members of the audit team be replaced. Every reasonable effort will be made to comply with the request. Any subsequent addition or substitution of the audit team members shall be communicated to the program or facility administrator as soon as practicable and may be made subject to the mutual agreement of the audit team leader and program or facility administrator.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 3.1, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-60 Monitoring of programs and facilities

A. All programs or facilities subject to regulations issued by the board shall be subject to periodic, scheduled monitoring visits or monitoring reviews conducted in accordance with department procedures.

B. The department shall annually develop a plan for monitoring programs and facilities subject to certification audits, which shall provide for at least the following:

1. All programs and facilities that are subject to certification audits shall receive at least one scheduled monitoring visit per year. A certification audit shall satisfy the requirement of a scheduled monitoring visit.

2. Additional monitoring visits or monitoring reviews may be conducted at the request of the board, department, or program or facility administrator.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 3.2, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-61 Self-audit of programs and facilities subject to certification audits

A. All programs and facilities subject to certification audits shall conduct an annual self-audit for compliance with applicable regulatory requirements, except in the year the program or facility is subject to a certification audit.

B. The self-audit reports shall be made available during the certification audit.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013; amended, Virginia Register Volume 42, Issue 11, eff. March 1, 2026.

6VAC35-20-63 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; repealed, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-65 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; repealed, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-67 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; repealed, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-69 Newly opened facilities and new construction, expansion, or renovation of residential facilities

A. When a newly opened facility seeks certification to allow the admission of residents, the facility administrator shall contact the director or designee to request a review of the facility for conditional certification.

B. The facility administrator and the department shall follow the requirements of this chapter and department procedures in reviewing a facility prior to admission of residents. New construction, expansions, and renovations in all juvenile residential facilities, whether or not the facility or its sponsor is seeking reimbursement for construction or operations, shall conform to the governing provisions of the following regulations:

1. Regulation Governing Juvenile Correctional Centers (6VAC35-71);

2. Regulation Governing Juvenile Secure Detention Centers (6VAC35-101);

3. Regulation Governing Juvenile Group Homes and Halfway Houses (6VAC35-41); and

4. Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30).

C. A newly constructed, expanded, or renovated facility shall, except as provided in subsection D of this section, obtain conditional certification as provided in 6VAC35-20-100 prior to the placement of residents in the new facility or portion of an existing facility subject to the expansion or renovation.

D. The director or designee shall consider the request for certification within 60 days of receiving the request and report of the basic audit findings. Actions taken by the director or designee shall be governed by the provisions of 6VAC35-20-100.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-70 (Repealed.)

Historical Notes

Derived from VR690-10-001 § 3.3, eff. September 9, 1992; repealed, Virginia Register Volume 19, Issue 23, eff. September 1, 2003.

6VAC35-20-75 Certification of individual programs or facilities

A. The director or designee shall certify each (i) juvenile residential facility and (ii) court service unit.

B. The director or designee may extend a current certification for a specified period of time pending a certification audit and the completion of an administrative review, provided the department is not aware of any health, welfare, or safety violations.

C. If a program's or facility's certification expires prior to the director's or designee's consideration of the certification audit report, the program's or facility's current certification status shall continue in effect until the director or designee takes certification action.

D. The director or designee may, upon the request of a program or facility administrator or the department, modify during the term of the certificate the conditions of a certificate relating to a program's or facility's certification status or capacity, the residents' age range or sex, the facility's location, or changes in the services offered and provided.

E. A certificate is not transferrable and automatically expires when there is a change of ownership or sponsorship of the program or facility.

F. When the program or facility ceases to operate, the program or facility administrator shall return the certificate to the director or designee. The department shall notify the board of the change in the program's or facility's status.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-80 Certification audit procedures

A. The program or facility shall demonstrate compliance as required in this chapter that the program or facility has no areas of noncompliance that pose an immediate and direct danger to residents.

B. The audit team shall (i) visit the program or facility and (ii) review and examine sufficient documentation to adequately render a determination of compliance as provided for in 6VAC35-20-85.

1. The burden of providing proof of compliance with regulatory requirements rests with the program or facility staff.

2. A program or facility with an approved variance or waiver shall provide such documentation to the certification audit team.

3. It is permissible to provide additional documentation should the certification team request it; however, such documentation must already exist when the audit begins.

4. Compliance shall be determined through documentation, interview, and observation.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 3.4, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-85 Determining compliance with individual regulatory requirements

A. During the audit process, the department shall determine whether the program or facility is compliant with each regulatory requirement. To be found in compliance, the following shall be shown:

1. The program or facility shall:

a. For critical regulatory requirements, demonstrate 100% compliance;

b. For noncritical regulatory requirements with multiple elements, the certification audit team will make a determination of compliance as provided in department procedures that shall require (i) an acceptable percentage of compliance with the entire regulatory requirement or (ii) any single element; or

c. For all noncritical regulatory requirements, demonstrate an acceptable percentage compliance as provided in department procedures.

2. The program or facility shall not have:

a. Any circumstance or condition constituting a pattern of action that presents a concern for the health, welfare, or safety of the residents, program participants, or staff; or

b. Any circumstance or condition that presents an immediate threat to the health, welfare, or safety of the residents, program participants, or staff.

B. The determination of noncompliance shall be a decision made by the entire certification team.

C. For purposes of calculating percentage of compliance, the determination of what constitutes individual regulatory requirements (e.g., section, subsection, subdivision, or element in a list in the regulatory chapter) will be specified as provided in department procedures.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-90 Certification audit findings

A. Upon the completion of the audit, the certification audit findings shall be discussed with the program's or facility's administrator or designee.

B. A written report of the findings from the certification audit shall be submitted, within 10 business days following the certification audit, to (i) the program or facility administrator and (ii) the director or designee. Any finding of noncompliance with a regulatory requirement shall be documented.

C. Any program or facility that is cited for noncompliance with a regulatory requirement may within 10 business days of receiving the written report of the findings for the certification audit:

1. Request in writing a variance in accordance with 6VAC35-20-92; or

2. Appeal the finding of noncompliance in writing and in accordance with department procedures and 6VAC35-20-94.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 3.5, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-91 Corrective action plans and certification audit reports

A. For each finding of noncompliance, the program or facility administrator shall develop a corrective action plan.

1. The corrective action plan shall be submitted to the department within 30 calendar days of receipt of the written certification audit findings. For good cause, the department may grant a 30-calendar day extension to a program or facility administrator for the development of the corrective action plan.

2. The department shall issue guidelines that provide for (i) the format and (ii) the process for the department's review and approval of corrective action plans.

3. The corrective action plan shall include the following:

a. A description of any extenuating or aggravating factors contributing to the noncompliant circumstances or conditions;

b. A description of each corrective action required or tasks required to correct the deficiency and prevent its recurrence;

c. The actual or proposed date of task completion; and

d. The identification of the person responsible for oversight of each element of the implementation of the corrective action plan.

If the corrective action proposed by the program or facility involves a request for a variance in accordance with 6VAC35-20-92, the corrective action plan must also state what action will be taken to meet or attempt to meet the regulatory requirement should the request for the variance be denied.

4. The program or facility administrator shall be responsible for developing and implementing a written corrective action plan.

5. If a finding of noncompliance results in a request for an appeal of the finding of noncompliance or a variance, documentation of the request for a variance or of the appeal of the finding of noncompliance should be attached to the corrective action plan.

B. Each certification audit report submitted to the director or designee shall contain:

1. The program's or facility's name, administrator, and location;

2. A summary of the program's or facility's population served, programs, and services provided;

3. The date of the certification audit and the names of the audit team leader and members; and

4. Notation of all regulatory requirements for which there was a finding of noncompliance as provided for in 6VAC35-20-85.

If there is a finding of noncompliance with a regulatory requirement, the report shall describe the noncompliance and incorporate the program's or facility's corrective action plan for each area of noncompliance. If a program or facility administrator fails to submit a corrective action plan within the time specified, the certification audit report shall be submitted to the director or designee for consideration.

C. The program or facility administrator shall submit to the audit team leader, upon completion of the corrective action plan, documentation confirming all corrective actions have been fully executed.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-92 Variance request

A. Any request for a variance must be submitted in writing. If the request is submitted subsequent to a finding of noncompliance in a certification audit, the request must be submitted within 10 business days of receiving the written report of the findings from the certification audit. All requests shall include:

1. The noncritical regulatory requirement for which a variance is requested;

2. The justification for the request;

3. Any actions taken to come into compliance;

4. The person responsible for such action;

5. The date at which time compliance is expected; and

6. The specific time period requested for this variance.

B. Documentation of any variance requests stemming from a finding of noncompliance in a certification audit shall be submitted along with the corrective action plan for correcting any deficiencies cited during the certification audit as provided for in 6VAC35-20-91.

C. A requested variance shall not be implemented prior to obtaining the approval of the board.

D. Requests for variances shall be placed on the agenda for consideration at the next regularly scheduled board meeting.

E. In issuing variances, the board shall specify the scope and duration of the variance.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-93 Waivers

A. When a program or facility has submitted a formal variance request to the board concerning a noncritical regulatory requirement, the director may, but is not required to, grant a waiver temporarily excusing a program or facility from meeting the requirements of the regulation when (i) the regulatory requirement is not required by statute or by federal or state regulations other than those issued by the board; (ii) noncompliance with the regulatory requirement will not result in a threat to the health, welfare, or safety of residents, the community, or staff; (iii) enforcement will create an undue hardship; and (iv) juveniles' care or services would not be adversely affected.

B. A waiver shall be granted only when the program or facility is presented with emergency conditions or circumstances making compliance with the regulatory requirement either impossible or impractical.

C. The waiver shall be in effect only until such time as the board acts on the variance request. The board will act on the matter at its first meeting following notice from the director or designee that a waiver has been granted.

D. The director or designee shall promptly notify the board chair in writing of waivers granted and the rationale for so granting.

E. A program or facility will not be cited for noncompliance with the requirements of a regulatory requirement subject to a waiver during the time it operates pursuant to a waiver approved by the director or designee.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-94 Appeal process for a finding of noncompliance

A. A program or facility administrator may appeal a finding of noncompliance of an audit by submitting the appeal to the director or designee within 10 business days of the receipt of written notification of the audit findings.

B. The manager for the certification team or designee shall contact the program or facility administrator and make every effort to resolve the appeal within 10 business days of receipt of the appeal.

C. If department personnel and the program or facility administrator are not able to informally resolve the issue on appeal, the request for an appeal shall be forwarded by the manager for the certification team or designee as soon as practicable to the director or designee.

1. The director or designee shall issue a decision on the appeal within 15 business days of receipt.

2. The program or facility administrator shall be informed as soon as practicable, but no later than the end of the next business day, of the director's or designee's decision.

D. If the appealed finding of noncompliance remains unresolved after exhaustion of the informal review and appeal to the director or designee, the program or facility administrator may appeal the director's or designee's decision to the board. Upon request, the department shall place the appealed finding of noncompliance on the board's agenda for consideration at its next regularly scheduled meeting.

E. If the appeal is granted and the finding overruled, the finding of noncompliance shall be removed from the certification audit report.

F. An appeal pursuant to this section does not negate the requirement to submit a corrective action plan, as required by 6VAC35-20-91, on the disputed regulatory requirement.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-100 Certification action

A. The department shall notify the program or facility administrator of the date, time, and location the director or designee will take certification action relating to the program's or facility's certification audit. The program or facility administrator shall have the right to appear in person or by counsel or other qualified representative when the director or designee considers the audit report and makes a certification decision. The program or facility administrator shall be provided notice of the right to appear 10 business days prior to the director's or designee's consideration of the audit report and final certification determination.

B. A conditional certification for up to six months will be issued to a new program or a newly opened facility that:

1. Demonstrates 100% compliance with (i) all critical regulatory requirements and (ii) any physical plant regulatory requirements;

2. Demonstrates at least 90% compliance with all noncritical regulatory requirements and has an acceptable corrective action plan; and

3. Has no unresolved health, welfare, or safety violations.

C. Upon review of the audit findings and any acceptable corrective action plans, the director or designee shall take the following certification actions:

1. If the certification audit finds the program or facility in100% compliance with all regulatory requirements, the director or designee shall certify the facility for three years.

2. If the certification audit finds the program or facility in less than 100% compliance with all regulatory requirements and a subsequent status report, completed prior to the certification action, finds 100% compliance on all regulatory requirements, the director or designee shall certify the facility for a specific period of time, up to three years.

3. If the certification audit finds the program or facility in less than 100% compliance with all critical regulatory requirements or less than 90% on all noncritical regulatory requirements or both, and a subsequent status report, completed prior to the certification action, finds 100% compliance on all critical regulatory requirements and 90% or greater compliance on all noncritical regulatory requirements, the program or facility shall be certified for a specified period of time, up to three years.

4. If the certification audit finds the program or facility in less than 100% compliance with all critical regulatory requirements or less than 90% on all noncritical regulatory requirements or both, and a subsequent status report, completed prior to the certification action, finds less than 100% compliance on all critical regulatory requirements or less than 90% compliance on all noncritical regulatory requirements or both, the program or facility shall be subject to the following actions:

a. If there is an acceptable corrective action plan and no conditions or practices exist in the program or facility that pose an immediate and substantial threat to the health, welfare, or safety of the residents, the program's or facility's certification shall be continued for a specified period of time up to one year with a status report completed for review prior to the extension of the certification period.

(1) If the status report results find the program or facility in 100% compliance on all critical regulatory requirements and 90% or greater compliance on all noncritical regulatory requirements, the program or facility shall be certified for a specified period of time, up to three years, retroactive to the date upon which the prior certification was scheduled to expire.

(2) If the status report results find that the program or facility continues to be at less than 100% compliance on the critical regulatory requirements or less than 90% compliance on all noncritical regulatory requirements, the program or facility shall be placed on probationary certification status for a specified period of time, up to one year.

b. If there is not an acceptable corrective action plan or there is a health, welfare, or safety violation or both, the program or facility shall be placed on probationary certification status for a specified period of time up to one year or decertified.

5. Whenever a program or facility is placed on probationary certification status, a status report shall be completed prior to the expiration of the probationary certification period.

a. If the status report results find the program or facility in 100% compliance on all critical regulatory requirements and 90% or greater compliance on all noncritical regulatory requirements, the program or facility shall be certified for a specified period of time, up to three years retroactive to the date upon which the prior certification was scheduled to expire.

b. If the status report results find the program or facility continues to be at less than 100% compliance on the critical regulatory requirements or less than 90% compliance on all noncritical regulatory requirements, the program or facility shall be decertified.

6. When a program or facility is placed on probationary certification status, (i) the director or designee shall, taking into account the program's or facility's history of compliance with regulatory requirements, specify the duration of the probationary certification status and (ii) the department and program or facility shall provide a status report to the board at all meetings for the duration of this status.

a. If the status report indicates no continued areas of noncompliance, the director or designee shall certify the facility for up to three years, subject to the provisions of subdivision 8 of this subsection.

b. If any area of noncompliance continues thereafter, the director or designee may (i) continue the probationary certification status, (ii) decertify the program or facility as provided for in 6VAC35-20-120, or (iii) take any other action provided for by law.

7. If the certification audit report indicates an immediate threat to the health, welfare, or safety to the residents of a facility, notwithstanding the foregoing provisions, the director or designee may decertify the program or facility as provided for in subsection D of this section and 6VAC35-20-120 or take any other action provided for by law.

8. If a program's or facility's certification status is continued after the initial period expires, the subsequent certification will be retroactive to the date of expiration, unless the director or designee specifically issues a certification with different terms.

D. Any program or facility, regardless of current certification status, may be decertified or denied certification when:

1. The program or facility has an unacceptable level of compliance, as provided in department procedures, with applicable regulatory requirements without acceptable corrective action plans to address deficiencies;

2. The program or facility, if on probation or administrative probation, has not corrected the circumstances that were cited in placing the program or facility on probation or administrative probation to the point that the program or facility would qualify for at least conditional certification;

3. The program's or facility's staff have knowingly (i) committed, permitted, aided or abetted any illegal act in the program or facility resulting in a criminal conviction; (ii) violated child abuse or neglect laws; (iii) deviated significantly from the program or services for which a certificate was issued without prior approval from the director or designee; (iv) failed to correct any such deviations within the time specified by the director or designee; or (v) falsified records, and the facility administrators knew or should have known and have failed (i) to report the actions and (ii) to take immediate remediating actions; or

4. If the program or facility fails to adequately correct the health, welfare, or safety violation per 6VAC35-20-36.1.

E. Certification decisions may be issued outside the requirements of subsections C and D of this section under the following circumstances:

1. The director may consider any aggravating and mitigating circumstances affecting the facts resulting in any finding of noncompliance, including, but not limited to, the history of the facility and the ability of the facility to predict and control the conditions resulting in the noncompliance. In such circumstances, the director may operate outside the requirements of subsection C of this section.

2. When considering whether to place a facility on probationary certification status or to decertify a program or facility due to a finding of noncompliance on a critical regulatory requirement, the director may consider whether the facility (i) had control over and knowledge of the circumstances, behaviors, or conditions leading to the finding and (ii) took appropriate steps to immediately rectify the situation. In such cases, the director may continue the certification in lieu of taking those actions.

F. Once the director or designee takes certification action, the department shall issue a certificate or letter clearly identifying the program or facility, the certification status, and the period of time during which the certification will be effective unless the certificate is revoked or surrendered sooner. The program or facility administrator shall be informed, briefly and generally, of the factual or procedural basis when any program or facility is issued a probationary certification or is decertified.

G. A program's or facility's status shall remain in effect until subsequent action by the director or designee.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 3.6, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-110 Notice of certification action

Within two weeks of any certification action, the director or designee shall send notice of the certification action to:

1. The program or facility administrator;

2. The program's or facility's supervisory or governing authority; and

3. Other state and local authorities, as appropriate to the specific circumstances.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 3.7, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-115 Board review of programs and facilities found in noncompliance

A. When a program or facility is found in noncompliance with one or more regulatory requirements, the audit report with a statement of the director's or designee's certification action taken shall be placed on the agenda at the next regularly scheduled board meeting for oversight and review. The department shall provide the program or facility administrator with notice of the date and time of the board meeting.

B. Whenever a facility is found in noncompliance with one or more regulatory requirements, the board may enter an order, pursuant to § 16.1-309.9 B of the Code of Virginia, prohibiting or limiting the placement of children in the program or facility or take any other action provided by law. In addition to the reports required by this section and 6VAC35-20-100, the board may request the department or the program or facility administrator to provide a status update or report at subsequent board meetings.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-120 Actions following decertification or denial of certification

A. When a program or facility operated by the department is decertified or denied certification, the department shall take remedial action and may choose to close the program or facility or relocate the residents.

1. A report shall be sent to the board within 90 calendar days after the decertification or denial detailing the actions taken by the department to (i) bring the program or facility into compliance with all regulatory requirements and (ii) protect the health, welfare, or safety of the residents.

2. If after 90 calendar days the program or facility has not met the requirements for at least conditional certification and the department has not closed the program or facility, the board shall recommend to the Governor and the Secretary of Public Safety appropriate action to be taken under the circumstances.

B. When a program or facility that is locally, regionally, or privately operated is decertified or denied certification, the board and the department may take any and all of the following actions as appropriate to the circumstances:

1. The facility supervisory and the governing authority may be required to reorganize the program structure or take necessary personnel action or any other steps as may be necessary to qualify the program or facility for at least a conditional certification within 90 calendar days.

2. The director or designee may, as applicable, reduce or suspend funding to the program or facility in accordance with §§ 16.1-322.1, 16.1-309.9 C, or 66-30 of the Code of Virginia or may withdraw the approval required by § 16.1-249 A (3) and (4) of the Code of Virginia.

3. The board may enter an order, pursuant to § 16.1-309.9 B of the Code of Virginia, prohibiting or limiting the placement of children in the program or facility.

4. The department shall not utilize facilities for residential placements that are decertified or denied certification.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-10-001 § 3.8, eff. September 9, 1992; amended, Virginia Register Volume 19, Issue 23, eff. September 1, 2003; Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-130 (Repealed.)

Historical Notes

Derived from VR690-10-001 §§ 3.9, 3.10, eff. September 9, 1992; repealed, Virginia Register Volume 19, Issue 23, eff. September 1, 2003.

6VAC35-20-150 Critical regulatory requirements for juvenile residential facilities

A. The board has the sole authority for designating critical regulatory requirements. The board shall identify the designated critical regulatory requirements at the first board meeting after the final regulation is published in the Virginia Register.

B. The designated critical regulatory requirements may be amended by a majority of the board at a regularly scheduled board meeting only when (i) the proposed change was raised at a board meeting but not voted upon and a date for final consideration and voting is set at that meeting; (ii) notice of the proposed change is posted with the notice of board meeting designated for discussion and voting; (iii) consideration of the change is placed on the board meeting agenda at which a vote is anticipated; and (iii) written notice is provided to the facility administrators prior to the board meeting at which the vote is anticipated.

C. A request to review the critical regulatory requirements can be made by any person at any time.

D. The list of designated critical regulatory requirements shall be posted on the department's website at http://www.djj.virginia.gov.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 19, Issue 23, eff. September 1, 2003; amended, Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

Part III VJCCCA Programs and Offices on Youth Program Audits

6VAC35-20-200 Monitoring of VJCCCA programs or offices on youth

The department shall develop a schedule for monitoring all VJCCCA programs or offices on youth that shall provide for at least one scheduled on-site VJCCCA program or office on youth audit every two years. Whenever deemed necessary or appropriate, additional monitoring visits or reviews may be scheduled.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-210 VJCCCA programs and offices on youth self-evaluations

A. All VJCCCA programs and offices on youth shall, in accordance with department procedures or manuals, do the following:

1. Conduct an annual self-evaluation; and

2. Provide the department with a written summary of (i) the self-evaluation process and (ii) the findings of the self-evaluation.

B. The department shall schedule each VJCCCA program or office on youth to conduct the self-evaluation and complete the report.

C. The department shall review each VJCCCA program's or office on youth's self-evaluation report and provide feedback to the VJCCCA program or office on youth.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-220 VJCCCA program and office on youth audits

A. During the program audit, the VJCCCA program or office on youth shall demonstrate an acceptable level of compliance, as provided in this chapter, with all (i) statutory requirements; (ii) the approved local plan; (iii) applicable regulatory requirements; and (iv) applicable department procedures or manuals.

B. The burden of proving compliance with the applicable requirements rests with the program staff.

C. Any finding of noncompliance shall be documented.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-230 VJCCCA program and office on youth audit findings

A. Upon completion of the VJCCCA program or office on youth audit, the VJCCCA program or office on youth audit findings shall be reported to the VJCCCA program plan contact or office on youth program director along with a copy to the individual with supervisory authority over that individual.

B. The VJCCCA program plan contact or office on youth program director may appeal the VJCCCA program or office on youth audit findings to the director or designee.

C. The department will monitor the progress of the VJCCCA program or office on youth in correcting the identified noncompliance through subsequent documentation and monitoring visits.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

6VAC35-20-240 Effect of VJCCCA program or office on youth noncompliance

A. If the department determines that a VJCCCA program or office on youth is not in compliance, it may suspend all or any portion of the VJCCCA program's or office on youth's funding until there is compliance as provided in subsection C of § 16.1-309.9 of the Code of Virginia.

B. The department shall notify the person responsible for the daily administration of the VJCCCA program or office on youth of the intent to withhold funding prior to such withholding. The notification shall include the justification for the intended withholding and any corrective actions the VJCCCA program or office on youth must complete.

C. The VJCCCA program or office on youth may appeal to the director or designee the withholding of funding, in writing, within 10 business days of receiving notice of the department's intent to withhold the funding.

History

• Statutory Authority: §§ 16.1-233 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 26, eff. September 25, 2013.

Chapter 30 Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs

Part I General Information

6VAC35-30-10 Introduction

Section 16.1-309.5 of the Code of Virginia requires the Board of Juvenile Justice and the Governor to evaluate all plans for, specifications of, and requests for reimbursement from a locality or localities for the construction, enlargement, purchase, or renovation of projects governed by this chapter. No reimbursements for costs and construction for such projects shall be made unless the plans, specifications, and construction are approved by the board and the Governor in accordance with the provisions contained herein.

Section 16.1-309.9 of the Code of Virginia further mandates the board to approve minimum standards for the construction and equipment of detention homes and other facilities governed by this chapter. Any such project shall be subject to this regulation and all applicable statutes, regulations, and guidance documents, including, but not limited to, the following:

1. The Virginia Public Procurement Act, Chapter 43 (§ 2.2-4300 et seq.) of Title 2.2 of the Code of Virginia;

2. The Construction and Professional Services Manual (CPSM), October 2004, issued by the Department of General Services, Division of Engineering and Building;

3. The Step-by-Step Procedures for Approval and Reimbursement for Local Facility Construction, Enlargement, and Renovation, March 2001, issued by the Department of Juvenile Justice; and

4. The Agency Procurement and Surplus Property Manual (1VAC30-130), issued by the Department of General Services, Division of Purchases and Supply.

Such projects are best accomplished as a cooperative venture between a locality or localities and the Department of Juvenile Justice. Using regulations promulgated by the board and by working together as partners from project planning through project construction and program implementation, the locality or localities and the department ensure that the optimum number of children are provided high quality services at a minimum cost to the locality or localities and to the Commonwealth.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 1.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

Part II Definitions

6VAC35-30-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Area allowance per bed" means the gross square footage of the facility divided by the facility's design capacity as provided herein.

"Board" means the Virginia Board of Juvenile Justice.

"Board-approved funding formula" means the method by which construction costs are calculated as provided for in 6VAC35-30-65.

"Board regulation" means a regulation or section or subsections thereof promulgated and approved by the board.

"Department" or "DJJ" means the Department of Juvenile Justice.

"Efficiency ratio" means the proportion of a building's net usable area to its gross floor area.

"Local facility" or "facility" means a juvenile residential facility that is or may be regulated by the board and is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth, or a privately owned or operated juvenile residential facility that has contracted with any political subdivision or combination of political subdivisions of the Commonwealth and is or may be regulated by the board.

"Needs assessment" means an evaluation of trends and factors at the local or regional level that may affect current and future local facility needs and the assessment of local facilities and nonresidential programs available to meet such needs. The needs assessment for each proposed project shall identify the target population, the specific need of the target population the project is seeking to address, why the specific need cannot be met with existing resources, all alternatives considered to meet identified need, and the reason for rejecting the alternatives.

"Planning study" means an overall description of a proposed project consisting of new construction, renovation of existing facilities, or both. The planning study shall include a program description and a program design as detailed in approved department procedures, architectural and engineering drawings at the Schematic Design (15%) Document level, the relationship of the project to existing facilities or structures, the project's schedule, a detail of the project's total projected design, construction, operation, maintenance costs, and a cost/benefit analysis.

"Project" means any proposed or actual new construction, renovation, enlargement, or expansion of a juvenile residential facility that is or will be subject to approval by the department or regulation by the board.

"Routine maintenance" means the normal and usual type of repair or replacement necessary as the result of periodic maintenance inspections or normal wear and tear of a local facility or equipment.

"Sponsor" means a city, county, commission, or any combination thereof, or any private entity under contract or arrangement with any city, county, commission, or any combination thereof, that is actually or proposing to build, renovate, expand, or operate a local facility.

"Substantive change" means any deviation from an approved plan or design that will affect the operational and functional performance of the facility, that potentially impacts the facility's compliance with any board regulation, that would result in a change in capacity, or that would result in the sponsor seeking additional reimbursement, as detailed in approved department procedures.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 2.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-30 (Repealed.)

History

• Historical Notes: Derived from VR690-15-001 § 2.2, eff. September 9, 1992; repealed, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

Part III Procedures

6VAC35-30-35 Prescreening

A. Any sponsor planning any construction, renovation, enlargement, or expansion of a local facility shall submit an initial writing to the department that shall include a graphic showing any proposed structural changes and a brief description of all operating capacity or programmatic changes to be accommodated by the structure. The department shall review the initial writing and inform the sponsor in writing whether the project is subject to this regulation as soon as practicable but no later than 30 days from the receipt of the initial writing from the sponsor. If the department fails to respond in the required time frame, the sponsor may proceed with the reimbursement request in accordance with this chapter.

B. Any request shall be determined to be in one of the following categories:

1. For any new construction, change, or modification of an existing local facility or piece of stationary equipment, including security related upgrades, that will affect the facility's compliance with a board regulation, result in a change in certification or licensure status, or result in increased square footage, bed space, or capacity shall be subject to this regulation.

2. For any facility enhancements not provided for in subdivision 1 of this subsection for which the sponsor seeks reimbursement, the sponsor shall submit a project overview and cost estimates to the board for approval and shall be subject to the requirements of 6VAC35-30-180. The department and board may require additional documentation.

3. Minor changes, such as routine maintenance, shall not be subject to this regulation and shall be managed informally in accordance with department procedures.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-40 Reimbursement request

A. Requests. For all projects subject to this regulation, the department shall advise the sponsor of the deadline for submissions necessary to obtain approval, for inclusion in the department's budget request to the Governor, and for consideration during the next General Assembly session.

B. Needs assessment. The sponsor shall, prior to the applicable deadline, submit a needs assessment that shall demonstrate the need for the particular service, program, or facility. The board shall consider the needs assessment at its next regularly scheduled meeting and shall approve, reject, or return the needs assessment.

1. If the needs assessment is approved by the board, the department shall advise the sponsor of the board's decision and of the deadline for submitting the planning study for the project.

2. If the needs assessment is returned to the sponsor, the board shall provide the sponsor with additional factors to be considered prior to resubmission.

3. The department shall advise the sponsor of the board's decision, in writing, within seven business days of the board's decision.

C. Planning study. The sponsor shall, upon approval of the needs assessment by the board and prior to the applicable deadline, submit a complete planning study that shall explain how the proposed project is the most appropriate and cost-effective response to the specific need identified in the needs assessment.

1. The planning study shall be accompanied by an estimate of the total amount of reimbursement to be requested and a resolution from the governing body of the sponsor or sponsors requesting reimbursement.

2. The board shall consider the planning study at its next regularly scheduled meeting and shall utilize the criteria outlined in 6VAC35-30-60 when reviewing a sponsor's planning study and accompanying materials. Upon approval of a planning study, the board shall recommend the amount of state reimbursement for the project and shall forward the sponsor's submissions and the board's recommendation to the Governor or the Governor's designee for approval.

3. Requests for regional facilities shall also include a copy of the agreement between the participating localities including the allocation of financial and operational responsibilities.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 3.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-45 Effect of legislative moratorium

A. In such times when the Virginia General Assembly has imposed a moratorium on construction and reimbursement of construction costs, the sponsor shall follow the requirements of this chapter.

B. To obtain any reimbursement thereafter, the sponsor shall:

1. Pursue a legislative exception to the moratorium on construction and reimbursement of construction costs; or

2. Request reimbursement at such time as the Virginia General Assembly authorizes funding for such projects.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-50 (Repealed.)

History

• Historical Notes: Derived from VR690-15-001 § 3.2, eff. September 9, 1992; repealed, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-60 Criteria for board funding recommendation

A. Demonstrated need. The board shall evaluate the need for the project as demonstrated by the information provided in the Needs Assessment and Planning Study.

B. Operational cost efficiency. The board shall take into consideration the operational cost efficiency of the interior design of the facility with special concern for the number of staff required, functional layout, material selection, and energy efficiency, with special emphasis on meeting the needs of youth and the mission of the facility.

C. Construction cost. All sponsors shall calculate construction costs in accordance with the funding formula provided in 6VAC35-30-65. Construction economy shall be reviewed in relation to the adjusted median cost of local facilities.

D. Board review of construction costs. The economy of construction cost is necessary and shall be reviewed as follows:

1. Review for efficiency.

a. Projects or portions of projects involving renovation of existing facilities shall be reviewed in relation to the efficiency of the renovated spaces, the appropriateness of the proposed changes, and the relationship of the changes to the project of a whole.

b. Projects of new construction shall be reviewed for the building's appropriate efficiency ratio. The board may request further information from the sponsor on projects with a building's efficiency ratio of less than 65%.

2. The board may adjust the amount being requested for reimbursement funding as follows:

a. A reduction in funding when functional areas of the facility, such as the kitchen, recreation area, educational facilities, visiting area, and laundry facilities are not included or are included at a size not in conformance with applicable regulations or normal practice;

b. An increase in funding when support services areas are proposed at sizes larger than necessary in anticipation of future enlargements or expansions of the facility;

c. A decrease in funding when the building's efficiency ratio is less than 65%; and

d. An increase in funding when the facility includes areas for extraordinary program activities.

3. Any adjustments made by the board in funding shall be based upon the gross square footage of the various conditions multiplied by a cost equal to the adjusted median cost or the proposed gross square foot cost of the facility, whichever is less.

E. Phased reimbursement of projects. A sponsor may request, when submitting the planning study for review, to receive portions of the total project reimbursement based upon the completion of the project in phases. In response to such requests, the board may approve reimbursement based on the total estimated cost of the project as if it were to be completed as a single endeavor; however, reimbursement will be in amounts proportional to the phases of construction and payment will be made only as each approved phase is completed and that portion of the building is ready to be placed in service.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 3.3, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-65 Funding formula

A. The following funding formula shall be used to calculate estimated construction costs at the Schematic Design (15%) Documents level in the planning study phase:

1. A cost per square foot base figure shall be the national median square-foot cost for jails published in the 24th annual edition of R. S. Means Facilities Construction Cost Data 2009 (Means) with consideration taken of the "location factor," which is the materials and labor cost differential specific to the project's geographical location.

2. The cost per square foot, adjusted using the location factor, must be in accordance with all applicable codes and standards and in accordance with the following formula:

National cost per square foot (from Means)

X Location Factor (from Means)

X Area allowance per bed (as provided for in subsection B of this section)

= Adjusted median construction cost of local facility.

3. The total project cost shall include:

a. Construction cost;

b. Site and utilities (from Means);

c. Architectural and Engineering services (services as defined in the Construction and Professional Services Manual (CPSM));

d. Furnishing and equipment (as itemized by the sponsor);

e. Project inspection (services as defined in the CPSM);

f. Contingency (10.0%);

g. Inflation factor (yearly market inflation rate applied from January 1 of the year of the submitted design through the midpoint of construction, compounded);

h. Property purchased specifically for this facility; and

i. Other.

B. The following area allowances per bed shall be used to calculate the adjusted median construction cost of a local facility:

1. A maximum of 700 square feet per bed for facilities up to 35 residents;

2. A maximum of 650 square feet per bed for facilities of 36 to 79 residents; and

3. A maximum of 550 square feet per bed for facilities with 80 or more residents.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-70 Funding priorities

The board shall prioritize reimbursement requests in a manner to ensure an equitable distribution of state funds across the Commonwealth; and, absent a health, safety, or welfare risk requiring priority, the board shall ordinarily give preference to requests for reimbursement for regionalized local facilities. Regionalized local facilities shall normally serve three or more localities as determined by the needs assessment.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 3.4, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-80 Board recommendations to the Governor

A. The department shall notify the sponsor in writing within seven business days of the board's decision to recommend or not to recommend a project for reimbursement. If the recommendation is not to recommend reimbursement, the department shall briefly explain the rationale for the decision.

B. The board shall submit to the Governor, or his designee (i) its recommendations with respect to reimbursement requests and the rationale therefor; and (ii) such information as the Governor may require with respect to a request for approval of reimbursements.

C. Final appropriations are subject to the Governor's approval and legislative enactment.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 3.5, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

Part IV Project Development

6VAC35-30-90 Preliminary design

A. The sponsor shall submit preliminary design (35%) documents to the department as defined in the CPSM and required by approved department procedures.

B. Preliminary design (35%) documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents that are incorporated herein.

1. If the department requires changes to the preliminary design (35%) documents, all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to the department to all comments received from the department in the preliminary design review. Necessary revisions to the project documents may be incorporated in the submission of the construction documents (referred to as the "working drawings" in the CPSM); however, all issues detailed in these writings shall be resolved before the project is advanced to the construction document phase (referred to as the "working drawings phase" in the CPSM).

C. When all review comments have been addressed and resolved, the department shall notify the sponsor that the project has progressed to the construction documents phase.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 4.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-100 Construction documents

A. The sponsor shall submit construction documents to the department as defined in the CPSM and required by approved department procedures.. The construction documents shall include 100% complete working drawings, 100% complete specifications, and all required review approvals from local building, health, and fire officials.

B. The construction documents shall be reviewed by the department for compliance with applicable statutes, regulations, and any guidance documents incorporated herein, and for incorporation of all changes required by the department at the preliminary document review stage. This review in no way releases the sponsor from other applicable responsibilities and requirements.

1. If the department requires changes to the construction documents, all such required changes shall be communicated in writing to the sponsor.

2. The sponsor shall respond in writing to the department to all comments received from the department in the construction document review. All issues detailed in these writings shall be resolved before the project is advanced to the bidding phase.

C. When all review comments have been addressed and resolved, the department shall approve the construction documents and advise the sponsor in writing, as required in approved department procedures, that the project may progress to the bidding phase (referred to as the "bid documents phase" in the CPSM).

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 4.2, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-110 Change order process

If, during the project development stage, any substantive change in the scope of the project, any increase in the estimated cost of construction, or any change in the operational staff requirements occurs, the review process shall be suspended until the project is resubmitted to the board for further review and possible change in the status of reimbursement recommendation.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 4.3, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

Part V Project Construction

6VAC35-30-120 Bidding

After bids for construction have been received and opened and the sponsor has determined to proceed with the project, the sponsor shall submit to the department a bid tabulation, analysis, and recommendation as to the award of the contract. Any comments by the department shall be forwarded to the sponsor within five business days of receipt; and the sponsor shall respond to the comments in writing within 10 business days of receipt of the department's comments. The department's failure to respond in the required time frame shall serve as acceptance of the sponsor's recommendation as to the award of the contract.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 5.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-130 Construction

A. During the construction of all projects, the sponsor shall submit monthly inspection or progress reports to the department. The sponsor shall submit the reports to the department no later than the 15th day of the month following the inspection or when the progress report became due. The department shall notify the sponsor in writing within 10 business days after receipt of any issues or problems with the project or the reports. The department's failure to respond in the required time frame shall serve as acceptance of the inspection and progress report. Any failure to timely submit the monthly inspection or progress reports may constitute grounds to deny the requested reimbursement, in whole or in part.

B. Any substantive change during the construction phase shall be submitted in writing to the department for review and approval before any such change is executed. Only those changes that are approved through the approved department procedure shall be eligible for reimbursement. Any failure to seek and obtain approval of a substantive change may constitute grounds to deny the requested reimbursement, in whole or in part.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 5.2, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-140 Final inspection

A. Upon construction completion, the sponsor shall establish a schedule for final inspection of the project. This schedule shall include: (i) notification to the department and all regulatory agencies that reviewed preliminary design or construction documents of the schedule; (ii) a request to the personnel or agencies involved in the final inspection to submit comments or recommendations in writing to the sponsor and to the department; (iii) documentation of the correction of all deficiencies noted in the comments; and (iv) the submission of a report of completed actions to the appropriate reviewing agencies and to the department.

B. Upon completion of the final inspection and corrective actions as required, the sponsor shall provide to the department copies of all required regulatory agency letters verifying approval of the completed project and shall certify to the department the completion of the project.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 5.3, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-150 Record documents

The sponsor shall require its architect to modify original drawings and specifications to reflect the condition of the project as actually constructed, and such documents shall be marked "Record." The record documents shall be prepared as defined in the CPSM and in accordance with approved department procedures.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 5.4, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

Part VI Private Construction of Juvenile Facilities

6VAC35-30-160 Private construction of juvenile facilities

Section 16.1-322.5 of the Code of Virginia allows the board to authorize a county or city or any combination of counties, cities, or towns established pursuant to § 16.1-315 of the Code of Virginia to contract with a private entity for the financing, site selection, acquisition, or design and construction of a local or regional detention home or other secure facility. Localities authorized to contract for private construction of a juvenile detention facility shall receive state reimbursement authorized by § 16.1-309.5 of the Code of Virginia, in accordance with Parts I through VI of this chapter.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 6.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-170 Requirements for contract authorization

Prior to receiving the board's authorization to enter into a contract for private construction, sponsors shall certify and submit documentation demonstrating that all requirements mandated by § 16.1-322.5 of the Code of Virginia have been met by both the sponsor and the contractor.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 6.2, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

Part VII Final Reimbursement

6VAC35-30-180 Request for final reimbursement for all projects

A. Upon completion of the project, the sponsor shall submit the documentation specified by approved department procedures to the department.

B. If the final amount of reimbursement requested is not greater than the reimbursement amount initially recommended, including the contingency, the department shall authorize reimbursement within 90 days of receiving a complete reimbursement request. The reimbursement request shall be in the form specified by the department.

C. If the final amount of reimbursement requested is greater than the reimbursement amount initially recommended, the sponsor shall justify the cost increase and submit the adjusted reimbursement request to the board and the Governor, or his designee, for approval.

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 7.1, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

6VAC35-30-190 Compliance

Failure to comply with these regulations will delay the review process and recommendation for disbursement of funds, may result in the denial of reimbursement, and may result in the failure to obtain board certification or department approval to house residents in the facility as provided for in the Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs (6VAC35-20).

History

• Statutory Authority: §§ 16.1-309.5, 16.1-309.9, 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from VR690-15-001 § 7.2, eff. September 9, 1992; amended, Virginia Register Volume 27, Issue 11, eff. July 1, 2011.

Chapter 41 Regulation Governing Juvenile Group Homes and Halfway Houses

Part I General Provisions

6VAC35-41-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Annual" means within 13 months of the previous event or occurrence.

"Board" means Board of Juvenile Justice.

"Case record" or "record" means written or electronic information relating to one resident and the resident's family, if applicable. This information includes, but is not limited to, social, medical, psychiatric, and psychological records; reports; demographic information; agreements; all correspondence relating to care of the resident; service plans with periodic revisions; aftercare plans and discharge summary; and any other information related to the resident.

"Contraband" means any item possessed by or accessible to a resident or found within a facility or on its premises (i) that is prohibited by statute, regulation, or facility procedure, (ii) that is not acquired through approved channels or in prescribed amounts, or (iii) that may jeopardize the safety and security of the facility or individual residents.

"Department" or "DJJ" means the Department of Juvenile Justice.

"Direct care staff" means the staff whose primary job responsibilities are (i) maintaining the safety, care, and well-being of residents and (ii) implementing the structured program of care and behavior management program.

"Direct supervision" means that the staff may work with residents while not in the presence of direct care staff. Staff members who provide direct supervision are responsible for maintaining the safety, care, and well-being of the residents in addition to providing services or performing the primary responsibilities of that position.

"Director" means the Director of the Department of Juvenile Justice.

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action such as a fire, chemical release, loss of utilities, natural disaster, taking of hostages, major disturbances, escape, and bomb threats. Emergency does not include regularly scheduled employee time off or other situations that could be reasonably anticipated.

"Facility administrator" means the individual who has the responsibility for the on-site management and operation of the facility on a regular basis.

"Family oriented group home" means a private home in which residents may reside upon placement by a lawful placing agency.

"Group home" means a juvenile residential facility that is a community based, home-like single dwelling, or its acceptable equivalent, other than the private home of the operator, and does not exceed the capacity approved by the regulatory authority. For the purpose of this chapter, a group home includes a halfway house that houses residents in transition from a commitment to the department.

"Individual service plan" or "service plan" means a written plan of action developed, revised as necessary, and reviewed at intervals to meet the needs of a resident. The individual service plan specifies (i) measurable short-term and long-term goals and (ii) the objectives, strategies, and time frames for reaching the goals.

"Juvenile residential facility" or "facility" means a publicly or privately operated facility or placement where 24-hour per day care is provided to residents who are separated from their legal guardians and that is required to be certified. As used in this regulation, the term includes, but is not necessarily limited to, group homes, family-oriented group homes, and halfway houses and excludes juvenile correctional centers and juvenile detention centers.

"Living unit" means the space in which a particular group of residents in care of a juvenile residential facility resides. A living unit contains sleeping areas, bath and toilet facilities, and a living room or its equivalent for use by the residents of the living unit. Depending upon its design, a building may contain one living unit or several separate living units.

"On duty" means the period of time an employee is responsible for the direct supervision of one or more residents.

"Parent" or "legal guardian" means (i) a biological or adoptive parent who has legal custody of an individual, including either parent if custody is shared under a joint decree or agreement; (ii) a biological or adoptive parent with whom the individual regularly resides; (iii) a person judicially appointed as a legal guardian; or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption, or otherwise by operation of law.

"Placement" means an activity by any person that provides assistance to a placing agency, parent, or legal guardian in locating and effecting the movement of a resident to a juvenile residential facility.

"Placing agency" means (i) any person, group, court, court service unit, or agency licensed or authorized by law to place residents in a juvenile residential facility or (ii) a local board of social services authorized to place residents in a juvenile residential facility.

"Premises" means the tracts of land on which any part of a facility is located and any buildings on such tracts of land.

"Provider" means the person, corporation, partnership, association, locality, commission, or public agency to whom a license or certificate is issued and who is legally responsible for compliance with the regulatory and statutory requirements relating to the facility.

"Regulatory authority" means the board or the department as designated by the board.

"Resident" means an individual who is legally placed in, formally placed in, or admitted to a juvenile residential facility for supervision, care, training, or treatment on a 24-hour per day basis.

"Rules of conduct" means a listing of a facility's rules or regulations that is maintained to inform residents and others of the behavioral expectations of the behavior management program, about behaviors that are not permitted, and about the sanctions that may be applied when impermissible behaviors occur.

"Shelter care facility" means a facility or an emergency shelter specifically approved to provide a range of services, as needed, on an individual basis not to exceed 90 days.

"Written" means the required information is communicated in writing. Such writing may be available in either hard copy or in electronic form.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-20 Applicability

This chapter applies to group homes, halfway houses, shelter care, and other applicable juvenile residential facilities regulated by the board as authorized by statute. Parts I (6VAC35-41-10 et seq.) through VI (6VAC35-41-710 et seq.), XII (6VAC35-41-1150 et seq.), and XIII (6VAC35-41-1290 et seq.) of this chapter apply to all juvenile residential facilities, with the exception of family-oriented group homes, governed by this regulation unless specifically excluded. Parts VII (6VAC35-41-950) through XI (6VAC35-41-1120 et seq.) of this chapter apply only to the specific programs or facilities as indicated.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-30 Previous regulations terminated

This chapter replaces the Standards for the Interim Regulation of Children's Residential Facilities (6VAC35-51) and the Standards for Juvenile Residential Facilities (6VAC35-140) for the regulation of all juvenile residential facilities as defined herein. The Standards for the Interim Regulation of Children's Residential Facilities and the Standards for Juvenile Residential Facilities remain in effect for juvenile detention facilities and juvenile correctional centers, regulated by the board, until such time as the board adopts new regulations related thereto.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-40 Certification

A. The provider shall comply with the provisions of the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs (6VAC35-20). The provider shall:

1. Demonstrate compliance with this chapter, other applicable regulations issued by the board, and applicable statutes and regulations;

2. Implement approved plans of action to correct findings of noncompliance; and

3. Ensure no noncompliance may pose any immediate and direct danger to residents.

B. The provider shall maintain the documentation necessary to demonstrate compliance with this chapter for a minimum of three years.

C. The current certificate shall be posted at all times in each facility in a place conspicuous to the public.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-50 Age of residents

A. Facilities shall admit residents only in compliance with the age limitations approved by the board in establishing the facility's certification capacity, except as provided in subsection B of this section.

B. A facility shall not admit a resident who is above the age approved for certification. A resident may remain in the facility above the age of certified capacity (i) to allow the resident to complete a program identified in the resident's individual service plan and (ii) if a discharge plan has been established. This subsection does not apply to shelter care programs.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-60 Relationship to the regulatory authority

A. All reports and information as the regulatory authority may require to establish compliance with this chapter and other applicable regulations and statutes shall be submitted to or made available to the regulatory authority.

B. A written report of any contemplated changes in operation that would affect the terms of the certificate or the continuing eligibility for certification shall be submitted to the regulatory authority. A change may not be implemented prior to approval by the regulatory authority.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-70 Relationship with the department

A. The director or designee shall be notified within five working days of any significant change in administrative structure or newly hired facility administrator.

B. Any of the following that may be related to the health , safety, or human rights of residents shall be reported to the director or designee within 10 days: (i) lawsuits against the facility or its governing authority and (ii) settlements with the facility or its governing authority.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-80 Variances

A. Board action may be requested by the facility administrator to relieve a facility from having to meet or develop a plan of action for the requirements of a specific section or subsection of this regulation, either permanently or for a determined period of time, as provided in the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs (6VAC35-20).

B. Any such variance may not be implemented prior to approval of the board.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-90 Serious incident reports

A. The following events shall be reported within 24 hours to: (i) the placing agency, (ii) the parent or legal guardian, or both, as applicable and appropriate, and (iii) the director or designee:

1. Any serious incident, accident, illness, or injury to the resident;

2. Any overnight absence from the facility without permission;

3. Any runaway;

4. Any fire, hostage or emergency situation, or natural disaster that jeopardizes the health, safety, and welfare of the residents; and

5. Any suspected case of child abuse or neglect at the facility, on a facility event or excursion, or involving facility staff as provided in 6VAC35-41-100 (suspected child abuse or neglect).

The 24-hour reporting requirement may be extended when the emergency situation or natural disaster has made such communication impossible (e.g., modes of communication are not functioning). In such cases, notice shall be provided as soon as feasible thereafter.

B. The provider shall notify the director or designee within 24 hours of any events detailed in subsection A of this section and all other situations required by the regulatory authority of which the facility has been notified.

C. Any incident involving the death of a resident shall be reported to the individuals specified in subsections A and B of this section without undue delay. If an incident involving the death of a resident occurs at the facility, the facility shall notify the parents or legal guardians, as appropriate and applicable, of all residents in the facility provided such notice does not violate any confidentiality requirements or jeopardize any law-enforcement or child protective services investigation or the prosecution of any criminal cases related to the incident.

D. The facility shall (i) prepare and maintain a written report of the events listed in subsections A and B of this section and (ii) submit a copy of the written report to the director or designee. The report shall contain the following information:

1. The date and time the incident occurred;

2. A brief description of the incident;

3. The action taken as a result of the incident;

4. The name of the person who completed the report;

5. The name or identifying information of the person who made the report to the placing agency and to either the parent or legal guardian, as appropriate and applicable; and

6. The name of or identifying information provided by the person to whom the report was made, including any law enforcement or child protective service personnel.

E. The resident's record shall contain a written reference (i) that an incident occurred and (ii) of all applicable reporting.

F. In addition to the requirements of this section, any serious incident involving an allegation of child abuse or neglect at the facility, at a facility sponsored event, or involving facility staff shall be governed by 6VAC35-41-100 (suspected child abuse or neglect).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-100 Suspected child abuse or neglect

A. When there is a reason to suspect that a child is an abused or neglected child, the matter shall be reported immediately to the local department of social services as required by § 63.2-1509 of the Code of Virginia and in accordance with the written procedures.

B. Written procedures shall be distributed to all staff members and shall at a minimum provide for the following:

1. Handling accusations against staff;

2. Reporting and documenting suspected cases of child abuse and neglect;

3. Cooperating during any investigation; and

4. Measures to be taken to ensure the safety of the resident and the staff.

C. Any case of suspected child abuse or neglect shall be reported and documented as required in 6VAC35-41-90 (serious incident reports). The resident's record shall contain a written reference that a report was made.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-105 Reporting criminal activity

A. Staff shall be required to report all known criminal activity by residents or staff, including but not limited to any physical abuse, sexual abuse, or sexual harassment, to the facility administrator for appropriate action.

B. The facility administrator, in accordance with written procedures, shall notify the appropriate persons or agencies, including law enforcement, child protective services, and the department as appropriate and applicable, of suspected criminal violations by residents or staff. Suspected criminal violations relating to the health and safety or human rights of residents shall be reported to the director or designee.

C. The facility shall assist and cooperate with the investigation of any such complaints and allegations as necessary.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-110 Grievance procedure

A. Written procedure shall provide that residents are oriented to and have continuing access to a grievance procedure that provides for:

1. Resident participation in the grievance process with assistance from staff upon request;

2. Investigation of the grievance by an objective employee who is not the subject of the grievance;

3. Documented, timely responses to all grievances with the reasons for the decision;

4. At least one level of appeal;

5. Administrative review of grievances;

6. Protection from retaliation or threat of retaliation for filing a grievance; and

7. Hearing of an emergency grievance within eight hours.

B. Each resident shall be oriented to the grievance procedure in an age or developmentally appropriate manner.

C. The grievance procedure shall be (i) written in clear and simple language and (ii) posted in an area easily accessible to residents and their parents and legal guardians.

D. Staff shall assist and work cooperatively with other employees in facilitating the grievance process.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 1 General Provisions

6VAC35-41-120 Responsibilities of the provider or governing authority

A. The provider shall clearly identify the corporation, association, partnership, individual, or public agency that is the holder of the certificate (governing authority). Any change in the identity or corporate status of the governing authority or provider shall be reported to the director or designee.

B. The governing authority shall appoint a facility administrator to whom it delegates the authority and responsibility for administrative direction of the facility.

C. A written decision-making plan shall be developed and implemented and shall provide for a staff person with the qualifications of a facility administrator to be designated to assume the temporary responsibility for the operation of the facility. Each plan shall include an organizational chart.

D. The provider shall have a written statement of its (i) purpose, (ii) population served, and (iii) available services for each facility subject to this regulation.

E. Written procedures shall be developed and implemented to monitor and evaluate quality assurance in each facility. Improvements shall be implemented when indicated.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-130 Insurance

A. Documentation of the following insurance coverage shall be maintained:

1. Liability insurance covering the premises and the facility's operations, including all employees and volunteers, if applicable.

2. Insurance necessary to comply with Virginia's minimum insurance requirements for all vehicles used to transport residents.

B. Staff who use personal vehicles for official business, including transporting residents, shall be informed of the requirements to provide and document insurance coverage for such purposes.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-140 Participation of residents in human research

A. The provider shall have procedures, approved by its governing authority, to govern the review, approval, and monitoring of human research. Human research means any systematic investigation, including research development, testing, and evaluating, involving human subjects, including but not limited to a resident or his parents, guardians, or family members, that is designed to develop or contribute to generalized knowledge. Human research does not include statistical analysis of information readily available on the subject that does not contain any identifying information or research exempted by federal research regulations pursuant to 45 CFR 46.101(b).

B. Information on residents shall be maintained as provided in 6VAC35-41-330 (maintenance of records) and all records and information related to the human research shall be kept confidential in accordance with applicable laws and regulations.

C. The provider may require periodic progress reports of any research project and a formal final report of all completed research projects.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-145 Operational procedures

Current operational procedures shall be accessible to all staff.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 2 Hiring

6VAC35-41-150 Job descriptions

A. There shall be a written job description for each position that, at a minimum, includes the:

1. Job title or position;

2. Duties and responsibilities of the incumbent;

3. Job title or identification of the immediate supervisor; and

4. Minimum education, experience, knowledge, skills, and abilities required for entry-level performance of the job.

B. A copy of the job description shall be given to each person assigned to a position prior to assuming that position's duties.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-160 Qualifications

A. Facilities subject to (i) the rules and regulations of a governing authority or (ii) the rules and regulations of a local government personnel office shall develop written minimum entry-level qualifications in accord with the rules and regulations of the supervising personnel authority. Facilities not subject to rules and regulations of the governing authority or a local government personnel office shall follow the minimum entry-level qualifications of the Virginia Department of Human Resource Management.

B. When services or consultations are obtained on a contractual basis, they shall be provided by professionally qualified personnel.

C. Each facility shall provide documentation of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the residents in accordance with the facility's program description as defined by the facility's criteria of admission, required by 6VAC35-41-730 B (application for admission).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-165 Employee tuberculosis screening and follow-up

A. On or before the employee's start date at the facility each employee shall submit evidence of freedom from tuberculosis in a communicable form that is no older than 30 days. The documentation shall indicate the screening results as to whether there is an absence of tuberculosis in a communicable form.

B. Each employee shall submit evidence of an annual evaluation of freedom from tuberculosis in a communicable form.

C. Employees shall undergo a subsequent tuberculosis screening or evaluation, as applicable, in the following circumstances:

1. The employee comes into contact with a known case of infectious tuberculosis; or

2. The employee develops chronic respiratory symptoms of three weeks duration.

D. Employees suspected of having tuberculosis in a communicable form shall not be permitted to return to work or have contact with staff or residents until a physician has determined that the individual does not have tuberculosis in a communicable form.

E. Any active case of tuberculosis developed by an employee or a resident shall be reported to the local health department in accordance with the requirements of the Commonwealth of Virginia State Board of Health Regulations for Disease Reporting and Control (12VAC5-90).

F. Documentation of any screening results shall be retained in a manner that maintains the confidentiality of information.

G. The detection, diagnosis, prophylaxis, and treatment of pulmonary tuberculosis shall be performed consistent with the current requirements of the Virginia Department of Health's Division of Tuberculosis Prevention and Control and the federal Department of Health and Human Services Centers for Disease Control and Prevention.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-170 Physical examination

When the qualifications for a position require a given set of physical abilities, all persons selected for such positions shall be examined by a physician at the time of employment to ensure that they have the level of medical health or physical ability required to perform assigned duties. Persons hired into positions that require a given set of physical abilities may be reexamined annually in accordance with written procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-180 Employee and volunteer background checks

A. Except as provided in subsection B of this section, all persons who (i) accept a position of employment at, (ii) volunteer on a regular basis and will be alone with a resident in the performance of their duties, or (iii) provide contractual services directly to a resident on a regular basis and will be alone with a resident in the performance of their duties in a juvenile residential facility shall undergo the following background checks, in accordance with § 63.2-1726 of the Code of Virginia, to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of residents in the facility:

1. A reference check;

2. A criminal history check;

3. A fingerprint check with the Virginia State Police and Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services; and

5. A driving record check if applicable to the individual's job duties.

B. To minimize vacancy time when the fingerprint checks required by subdivision A 3 of this section have been requested, employees may be hired, pending the results of the fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results as required by subdivision A 3 of this section; and

3. Employees hired under this exception shall not be allowed to be alone with residents and may work with residents only when under the direct supervision of staff whose background checks have been completed, until such time as all background checks are completed.

C. Documentation of compliance with this section shall be retained in the individual's personnel record as provided in 6VAC35-41-310 (personnel records).

D. Written procedures shall provide for the supervision of nonemployee persons, who are not subject to the provisions of subsection A of this section and who have contact with residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 3 Employee Orientation and Training

6VAC35-41-190 Required initial orientation

A. Before the expiration of the employee's seventh work day at the facility, each employee shall be provided with a basic orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the program;

4. The facility's organizational structure;

5. Security, population control, emergency preparedness, and evacuation procedures in accordance with 6VAC35-41-490 (emergency and evacuation procedures);

6. The practices of confidentiality;

7. The residents' rights; and

8. The basic requirements of and competencies necessary to perform in the positions.

B. Prior to working with residents while not under the direct supervision of staff who have completed all applicable orientations and training, each direct care staff shall receive a basic orientation on the following:

1. The facility's program philosophy and services;

2. The facility's behavior management program;

3. The facility's behavior intervention procedures and techniques, including the use of least restrictive interventions and physical restraint;

4. The residents' rules of conduct and responsibilities;

5. The residents' disciplinary and grievance procedures;

6. Child abuse and neglect and mandatory reporting;

7. Standard precautions; and

8. Documentation requirements as applicable to the position's duties.

C. Volunteers shall be oriented in accordance with 6VAC35-41-300 (orientation and training for volunteers or interns).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-200 Required initial training

A. Each full-time and part-time employee and relief staff shall complete initial, comprehensive training that is specific to the individual's occupational class, is based on the needs of the population served, and ensures that the individual has the competencies to perform in the position.

1. Direct care staff shall receive at least 40 hours of training, inclusive of all training required by this section, in their first year of employment.

2. Contractors shall receive training required to perform their position responsibilities in a juvenile residential facility.

B. Within 30 days following the employee's start date at the facility or before the employee is responsible for the direct supervision of a resident, all direct care staff and staff who provide direct supervision of the residents while delivering services, with the exception of workers employed by contract to provide behavioral health or health care services, shall complete training in the following areas:

1. Emergency preparedness and response;

2. First aid and cardiopulmonary resuscitation, unless the individual is currently certified, with certification required as applicable to their duties;

3. The facility's behavior management program;

4. The residents' rules of conduct and the rationale for the rules;

5. The facility's behavior intervention procedures, with physical and mechanical restraint training required as applicable to their duties;

6. Child abuse and neglect;

7. Mandatory reporting;

8. Maintaining appropriate professional relationships;

9. Interaction among staff and residents;

10. Suicide prevention;

11. Residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-41-560 (prohibited actions);

12. Standard precautions; and

13. Procedures applicable to the employees' position and consistent with their work profiles.

C. Employees who administer medication shall have, prior to such administration, successfully completed a medication training program approved by the Board of Nursing or be licensed by the Commonwealth of Virginia to administer medication.

D. Training shall be required by and provided as appropriate to the individual's job duties and in accordance with the provider's training plan.

E. When an individual is employed by contract to provide services for which licensure by a professional organization is required, documentation of current licensure shall constitute compliance with this section.

F. Volunteers and interns shall be trained in accordance 6VAC35-41-300 (orientation and training for volunteers or interns).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-210 Required retraining

A. Each employee, relief staff, and contractor shall complete retraining that is specific to the individual's occupational class and the position's job description and addresses any professional development needs.

B. All staff shall complete an annual training refresher on the facility's emergency preparedness and response plan and procedures.

C. All direct care staff and staff who provide direct supervision of the residents while delivering services, with the exception of workers who are employed by contract to provide behavioral health or health care services, shall complete at least 40 hours of training annually that shall include training in the following areas:

1. Suicide prevention;

2. Child abuse and neglect;

3. Mandatory reporting;

4. Residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-41-560 (prohibited actions);

5. Standard precautions; and

6. Behavior intervention procedures.

D. Staff required by their position to have certification in cardiopulmonary resuscitation and first aid shall receive training sufficient to maintain current certifications.

E. Employees who administer medication shall complete an annual refresher training on the administration of medication.

F. Retraining shall (i) be required by and provided as appropriate to the individual's job duties, (ii) address any needs identified by the individual and the supervisor, if applicable, and (iii) be in accordance with the provider's training plan.

G. When an individual is employed by contract to provide services for which licensure by a professional organization is required, documentation of current licensure shall constitute compliance with this section.

H. Staff who have not timely completed required retraining shall not be allowed to have direct care responsibilities pending completion of the retraining requirements.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 4 Personnel

6VAC35-41-220 Written personnel procedures

The provider shall have and implement provider approved written personnel procedures and make these readily accessible to each staff member.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-230 Code of ethics

A written code of ethics shall be available to all employees.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-240 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-250 Notification of change in driver's license status

Staff whose job responsibilities may involve transporting residents shall (i) maintain a valid driver's license and (ii) report to the facility administrator or designee any change in their driver's license status including but not limited to suspensions, restrictions, and revocations.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-260 Physical or mental health of personnel

When an individual poses a direct threat to the health and safety of a resident, others at the facility, or the public or is unable to perform essential job-related functions, that individual shall be removed immediately from all duties involved in the direct care or direct supervision of residents. The facility may require a medical or mental health evaluation to determine the individual's fitness for duty prior to returning to duties involving the direct care or direct supervision of residents. The results of any medical information or documentation of any disability related inquiries shall be maintained separately from the employee's personnel records maintained in accordance with 6VAC35-41-310 (personnel records). For the purpose of this section a direct threat means a significant risk of substantial harm.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 5 Volunteers

6VAC35-41-270 Definition of volunteers or interns

For the purpose of this chapter, volunteer or intern means any individual or group who of their own free will provides goods and services without competitive compensation.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-280 Selection and duties of volunteers or interns

A. Any facility that uses volunteers or interns shall develop and implement written procedures governing their selection and use. Such procedures shall provide for the objective evaluation of persons and organizations in the community who wish to associate with the residents.

B. Volunteers and interns shall have qualifications appropriate for the services provided.

C. The responsibilities of interns and individuals who volunteer on a regular basis shall be clearly defined in writing.

D. Volunteers and interns shall neither be responsible for the duties of direct care staff nor for the direct supervision of the residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-290 Background checks for volunteers or interns

A. Any individual who (i) volunteers on a regular basis or is an intern and (ii) will be alone with a resident in the performance of that position's duties shall be subject to the background check requirements provided for in 6VAC35-41-180 A (employee and volunteer background checks).

B. Documentation of compliance with the background check requirements shall be maintained for each intern and each volunteer for whom a background check is required. Such records shall be kept in accordance with 6VAC35-41-310 (personnel records).

C. A facility that uses volunteers or interns shall have procedures for supervising volunteers or interns, on whom background checks are not required or whose background checks have not been completed, who have contact with residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-300 Orientation and training for volunteers or interns

A. Volunteers and interns shall be provided with a basic orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the facility;

4. The facility's organizational structure;

5. Security, population control, emergency, emergency preparedness, and evacuation procedures;

6. The practices of confidentiality;

7. The residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-41-560 (prohibited actions); and

8. The basic requirements of and competencies necessary to perform their duties and responsibilities.

B. Volunteers and interns shall be trained within 30 days from their start date at the facility in the following:

1. Any procedures that are applicable to their duties and responsibilities; and

2. Their duties and responsibilities in the event of a facility evacuation.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 6 Records

6VAC35-41-310 Personnel records

A. Separate up-to-date written or automated personnel records shall be maintained on each (i) employee and (ii) volunteer or intern on whom a background check is required.

B. The records of each employee shall include:

1. A completed employment application form or other written material providing the individual's name, address, phone number, and social security number or other unique identifier;

2. Educational background and employment history;

3. Documentation of required reference check;

4. Annual performance evaluations;

5. Date of employment for each position held and date of separation;

6. Documentation of compliance with requirements of Virginia law regarding child protective services and criminal history background investigations;

7. Documentation of the verification of any educational requirements and of professional certification or licensure if required by the position;

8. Documentation of all training required by this chapter and any other training received by individual staff; and

9. A current job description.

C. If applicable, health records, including reports of any required health examinations, shall be maintained separately from the other records required by this section.

D. The personnel records of volunteers and contractual service providers may be limited to documentation of compliance with the background checks as required by 6VAC35-41-180 (employee and volunteer background checks).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-320 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-330 Maintenance of records

A. A separate written or automated case record shall be maintained for each resident that shall include all correspondence and documents received by the facility relating to the care of that resident and documentation of all case management services provided.

B. A separate health record may be kept on each resident. The resident's active health records shall be readily accessible in case of emergency and shall be made available to authorized staff consistent with applicable state and federal statutes and regulations.

C. Each case record and health record shall be kept (i) up to date, (ii) in a uniform manner, and (ii) confidential from unauthorized access.

D. Written procedures shall provide for the management of all records, written and automated, and shall describe confidentiality, accessibility, security, and retention of records pertaining to residents, including:

1. Access, duplication, dissemination, and acquisition of information only to persons legally authorized according to federal and state laws;

2. Facilities using automated records shall address procedures that include:

a. How records are protected from unauthorized access;

b. How records are protected from unauthorized Internet access;

c. How records are protected from loss;

d. How records are protected from unauthorized alteration; and

e. How records are backed up;

3. Security measures to protect records (i) from loss, unauthorized alteration, inadvertent or unauthorized access, or disclosure of information; and (ii) during transportation of records between service sites;

4. Designation of person responsible for records management; and

5. Disposition of records in the event the facility ceases to operate.

E. Written procedure shall specify what information is available to the resident.

F. Active and closed written records shall be kept in secure locations or compartments that are accessible to authorized staff and shall be protected from unauthorized access, fire, and flood.

G. All case records shall be retained as governed by The Library of Virginia.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-340 Face sheet

A. At the time of admission each resident's record shall include, at a minimum, a completed face sheet that contains the following:

1. The resident's full name, last known residence, birth date, sex, race, unique numerical identifier, and admission date; and

2. Names, addresses, and telephone numbers of the resident's placing agency, emergency contacts, legal guardians, and parents, as applicable and appropriate.

B. Upon discharge, the date of and reason for discharge, names and addresses of persons to whom the resident was discharged, and forwarding address of the resident, if known, shall be recorded on the face sheet.

C. Information shall be updated when changes occur.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part III Physical Environment

6VAC35-41-350 Buildings and inspections

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51) shall be maintained. If the fire prevention authorities have failed to timely inspect the facility's buildings and equipment, documentation of the facility's request to schedule the annual inspection as well as documentation of any necessary follow-up with fire prevention authorities shall be maintained.

C. The facility shall maintain a current copy of its annual inspection and approval, in accordance with state and local inspection laws, regulations, and ordinances, of the following:

1. General sanitation;

2. Sewage disposal system;

3. Water supply;

4. Food service operations; and

5. Swimming pools, if applicable.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-360 Equipment and systems inspections and maintenance

A. All safety, emergency, and communications equipment and systems shall be inspected, tested, and maintained by designated staff in accordance with the manufacturer's recommendations or instruction manuals or, absent such requirements, in accordance with a schedule that is approved by the facility administrator. Testing of such equipment and systems shall, at a minimum, be conducted quarterly.

B. Whenever safety, emergency, and communications equipment or a system is found to be defective, corrective action shall be taken to rectify the situation and to repair, remove, or replace the defective equipment.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-370 Heating and cooling systems and ventilation

A. Heat shall be distributed in all rooms occupied by the residents such that a temperature no less than 68°F is maintained, unless otherwise mandated by state or federal authorities.

B. Air conditioning or mechanical ventilating systems, such as electric fans, shall be provided in all rooms occupied by residents when the temperature in those rooms exceeds 80°F.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-380 Lighting

A. Sleeping and activity areas in the facility shall provide natural lighting.

B. All areas within buildings shall be lighted for safety and the lighting shall be sufficient for the activities being performed.

C. There shall be night lighting sufficient to observe residents.

D. Each facility shall have a plan for providing alternative lighting in case of emergencies.

E. Outside entrances and parking areas shall be lighted.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-390 Plumbing and water supply; temperature

A. Plumbing shall be maintained in operational condition, as designed.

B. An adequate supply of hot and cold running water shall be available at all times.

C. Precautions shall be taken to prevent scalding from running water. Water temperatures should be maintained at 100°F to 120°F.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-400 Toilet facilities

A. There shall be at least one bathtub or bathtub alternative in each facility.

B. There shall be at least one toilet, one hand basin, and one shower or tub for every eight residents for facilities certified before July 1, 1981.

C. There shall be one toilet, one hand basin, and one shower or tub for every four residents in any building constructed or structurally modified after July 1, 1981. Facilities certified after December 28, 2007, shall comply with the one-to-four ratio.

D. The maximum number of staff members on duty in the living unit shall be counted in determining the required number of toilets and hand basins when a separate bathroom is not provided for staff.

E. There shall be at least one mirror securely fastened to the wall at a height appropriate for use in each room where hand basins are located.

F. When bathrooms are not designated for individual use:

1. Each toilet shall be enclosed for privacy, and

2. Bathtubs and showers shall provide visual privacy for bathing by use of enclosures, curtains, or other appropriate means.

G. Windows in bathrooms and dressing areas shall provide for privacy.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-410 Sleeping areas

A. Males and females shall have separate sleeping areas.

B. No more than four residents shall share a bedroom or sleeping area.

C. Beds shall be at least three feet apart at the head, foot, and sides; and double-decker beds shall be at least five feet apart at the head, foot, and sides.

D. Sleeping quarters in facilities established, constructed, or structurally modified after July 1, 1981, shall have:

1. At least 80 square feet of floor area in a bedroom accommodating one person;

2. At least 60 square feet of floor area per person in rooms accommodating two or more persons; and

3. Ceilings with a primary height at least 7-1/2 feet in heightexclusive of protrusions, duct work, or dormers.

E. Mattresses shall be fire retardant as evidenced by documentation from the manufacturer except in buildings equipped with an automated sprinkler system as required by the Virginia Uniform Statewide Building Code (13VAC5-63).

F. Each resident shall be assigned drawer space and closet space, or their equivalent, that is accessible to the sleeping area for storage of clothing and personal belongings.

G. Windows in sleeping areas and dressing areas shall provide for privacy.

H. Every sleeping area shall have a door that may be closed for privacy or quiet and this door shall be readily opened in case of fire or other emergency.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-420 Furnishings

All furnishings and equipment shall be safe, clean, and suitable to the ages and number of residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-430 Disposal of garbage and management of hazardous materials

A. Provision shall be made for the collection and legal disposal of all garbage and waste materials.

B. All flammable, toxic, medical, and caustic materials within the facility shall be stored, used, and disposed of in appropriate receptacles and in accordance with federal, state, and local requirements.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-440 Smoking prohibitions

Smoking shall be prohibited in living areas and in areas where residents participate in programs.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-450 Space utilization

A. Each facility shall provide for the following:

1. A living room;

2. An indoor recreation area with appropriate recreation materials;

3. An outdoor recreation area;

4. A dining area, where meals are served, that is equipped with tables and benches or chairs;

5. A visitation area that permits informal communication between residents and visitors, including the opportunity for physical contact in accordance with written procedures ;

6. Kitchen facilities and equipment for the preparation and service of meals with any walk-in refrigerators or freezers equipped to permit emergency exits;

7. Space and equipment for laundry, if laundry is done at the facility;

8. Space for the storage of items such as first aid equipment, household supplies, recreational equipment, luggage, out-of-season clothing, and other materials; and

9. Space for administrative activities including, as appropriate to the program, confidential conversations and the storage of records and materials.

B. Spaces or areas may be interchangeably utilized but shall be in functional condition for the designated purposes .

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-460 Maintenance of the buildings and grounds

A. The interior and exterior of all buildings and grounds shall be safe, maintained, and reasonably free of clutter and rubbish. This includes, but is not limited to, (i) required locks, mechanical devices, indoor and outdoor equipment, and furnishings; and (ii) all areas where residents, staff, and visitors may reasonably be expected to have access.

B. All buildings shall be reasonably free of stale, musty, or foul odors.

C. Buildings shall be kept reasonably free of flies, roaches, rats, and other vermin.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-470 Animals on the premises

A. Animals maintained on the premises shall be housed at a reasonable distance from sleeping, living, eating, and food preparation areas, as well as a safe distance from water supplies.

B. Animals maintained on the premises shall be tested, inoculated, and licensed as required by law.

C. The premises shall be kept reasonably free of stray domestic animals.

D. Pets shall be provided with clean sleeping areas and adequate food and water.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part IV Safety and Security

6VAC35-41-480 Fire prevention plan

Each facility shall develop a fire prevention plan that provides for an adequate fire protection service.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-490 Emergency and evacuation procedures

A. The provider shall develop a written emergency preparedness and response plan for each facility. The plan shall address:

1. Documentation of contact with the local emergency coordinator to determine (i) local disaster risks, (ii) communitywide plans to address different disasters and emergency situations, and (iii) assistance, if any, that the local emergency management office will provide to the facility in an emergency;

2. Analysis of the provider's capabilities and potential hazards, including natural disasters, severe weather, fire, flooding, work place violence or terrorism, missing persons, severe injuries, or other emergencies that would disrupt the normal course of service delivery;

3. Written emergency management procedures outlining specific responsibilities for provision of administrative direction and management of response activities; coordination of logistics during the emergency; communications; life safety of employees, contractors, interns, volunteers, visitors and residents; property protection; community outreach; and recovery and restoration;

4. Written emergency response procedures for assessing the situation; protecting residents, employees, contractors, interns, volunteers, visitors, equipment and vital records; and restoring services. Emergency procedures shall address:

a. Communicating with employees, contractors, and community responders;

b. Warning and notification of residents;

c. Providing emergency access to secure areas and opening locked doors;

d. Conducting evacuations to emergency shelters or alternative sites and accounting for all residents;

e. Relocating residents, if necessary;

f. Notifying parents and legal guardians, as applicable and appropriate;

g. Alerting emergency personnel and sounding alarms;

h. Locating and shutting off utilities when necessary; and

i. Providing for a planned, personalized means of effective egress for residents who use wheelchairs, crutches, canes, or other mechanical devices for assistance in walking.

5. Supporting documents that would be needed in an emergency, including emergency call lists, building and site maps necessary to shut off utilities, designated escape routes, and list of major resources such as local emergency shelters; and

6. Schedule for testing the implementation of the plan and conducting emergency preparedness drills.

B. The provider shall develop emergency preparedness and response training for all employees to ensure they are prepared to implement the emergency preparedness plan in the event of an emergency. Such training shall include the employees' responsibilities for:

1. Alerting emergency personnel and sounding alarms;

2. Implementing evacuation procedures, including evacuation of residents with special needs (i.e., deaf, blind, nonambulatory);

3. Using, maintaining, and operating emergency equipment;

4. Accessing emergency information for residents including medical information; and

5. Utilizing community support services.

C. Contractors and volunteers and interns shall be oriented in their responsibilities in implementing the emergency preparedness plan in the event of an emergency.

D. The provider shall review and document the review of the emergency preparedness plan annually and make necessary revisions. Such revisions shall be communicated to employees, contractors, interns, and volunteers and incorporated into training for employees, contractors, interns, and volunteers and orientation of residents to services.

E. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety, and welfare of residents, the provider shall take appropriate action to protect the health, safety, and welfare of the residents and to remedy the conditions as soon as possible.

F. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety, and welfare of residents, the provider should first respond and stabilize the disaster or emergency. After the disaster or emergency is stabilized, the provider shall report the disaster or emergency in accordance with 6VAC35-41-90 (serious incident reports).

G. Floor plans showing primary and secondary means of emergency exiting shall be posted on each floor in locations where they can be seen easily by staff and residents.

H. The responsibilities of the residents in implementing the emergency procedures shall be communicated to all residents within seven days following admission or a substantive change in the procedures.

I. At least one evacuation drill (the simulation of the facility's emergency procedures) shall be conducted each month in each building occupied by residents. During any three consecutive calendar months, at least one evacuation drill shall be conducted during each shift.

J. Evacuation drills shall include, at a minimum:

1. Sounding of emergency alarms;

2. Practice in evacuating buildings;

3. Practice in alerting emergency authorities;

4. Simulated use of emergency equipment; and

5. Practice in accessing resident emergency information.

K. A record shall be maintained for each evacuation drill and shall include the following:

1. Buildings in which the drill was conducted;

2. Date and time of drill;

3. Amount of time to evacuate the buildings;

4. Specific problems encountered;

5. Staff tasks completed including:

a. Head count, and

b. Practice in notifying emergency authorities; and

6. The name of the staff members responsible for conducting and documenting the drill and preparing the record.

L. The facility shall assign one staff member who shall ensure that all requirements regarding the emergency preparedness and response plan and the evacuation drill program are met.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-500 Contraband

Written procedure shall provide for the control, detection, and disposition of contraband.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-510 Searches of residents

A. Each facility that conducts searches shall have procedures that provide that all searches shall be subject to the following:

1. Searches of residents' persons shall be conducted only for the purposes of maintaining facility security and controlling contraband while protecting the dignity of the resident.

2. Searches are conducted only by personnel who are authorized to conduct such searches.

3. The resident shall not be touched any more than is necessary to conduct the search.

B. Facilities that do not conduct searches of residents shall have a procedure prohibiting them.

C. Patdown and frisk searches shall be conducted by personnel of the same sex as the resident being searched, except in emergencies.

D. Strip searches and visual inspections of the vagina and anal cavity areas shall only be permitted (i) if ordered by a court; (ii) if conducted by law-enforcement personnel acting in his official capacity; or (iii) if the facility obtains the approval of the regulatory authority to conduct such searches. A facility that conducts such searches shall have a procedure that provides that the searches shall be subject to the following:

1. The search shall be performed by personnel of the same sex as the resident being searched;

2. The search shall be conducted in an area that ensures privacy; and

3. Any witness to the search shall be of the same sex as the resident.

E. Manual and instrumental searches of the anal cavity or vagina shall be prohibited unless court ordered.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-520 Telephone access and emergency numbers

A. There shall be at least one continuously operable, nonpay telephone accessible to staff in each building in which residents sleep or participate in programs.

B. There shall be an emergency telephone number where a staff person may be immediately contacted 24 hours a day.

C. An emergency telephone number shall be provided to residents and the adults responsible for their care when a resident is away from the facility and not under the supervision of direct care staff or law-enforcement officials.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-530 Internet access

Facilities that allow resident access to the Internet shall have procedures governing such usage.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-540 Weapons

A. The possession, use, and storage of weapons in facilities or on the premises where residents are reasonably expected to have access are prohibited except when specifically authorized by statutes or regulations or provided in subsection B of this section. For the purpose of this section, weapons shall include but will not be limited to (i) any pistol, revolver, or other weapon intended to propel a missile of any kind by action of an explosion; (ii) any dirk, bowie knife, except a pocket knife having a folding metal blade of less than three inches, switchblade knife, ballistic knife, machete, straight razor, slingshot, spring stick, metal knucks, or blackjack; (iii) nunchucks or other flailing instrument with two or more rigid parts that swing freely; and (iv) throwing star or oriental dart.

B. Weapons shall be permitted if they are in the possession of a licensed security personnel or law-enforcement officer while in the course of his duties.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-550 Transportation

A. It shall be the responsibility of the facility to have transportation available or to make the necessary arrangements for routine and emergency transportation.

B. There shall be written safety rules for transportation of residents and, if applicable, for the use and maintenance of vehicles.

C. The facility shall have a procedure for the verification of appropriate licensure for staff whose duties involve transporting residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part V Residents' Rights

6VAC35-41-560 Prohibited actions

The following actions are prohibited:

1. Discrimination in violation of the Constitution of the United States, the Constitution of the Commonwealth of Virginia, and state and federal statutes and regulations;

2. Deprivation of drinking water or food necessary to meet a resident's daily nutritional needs, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

3. Denial of contacts and visits with the resident's attorney, a probation officer, the department, regulatory authority, a supervising agency representative, or representatives of other agencies or groups as required by applicable statutes or regulations;

4. Bans on contacts and visits with family or legal guardians, except as permitted by other applicable state regulations or by order of a court of competent jurisdiction;

5. Any action that is humiliating, degrading, or abusive, including but not limited to physical abuse, sexual abuse, and sexual harassment;

6. Corporal punishment, which is administered through the intentional inflicting of pain or discomfort to the body through actions such as, but not limited to (i) striking or hitting with any part of the body or with an implement; (ii) pinching, pulling, or shaking; or (iii) any similar action that normally inflicts pain or discomfort;

7. Subjection to unsanitary living conditions;

8. Denial of opportunities for bathing or access to toilet facilities, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

9. Denial of health care;

10. Deprivation of appropriate services and treatment;

11. Application of aversive stimuli, except as permitted pursuant to other applicable state regulations. Aversive stimuli means any physical forces (e.g., sound, electricity, heat, cold, light, water, or noise) or substances (e.g., hot pepper, pepper sauce, or pepper spray) measurable in duration and intensity that when applied to a resident are noxious or painful to the individual ;

12. Administration of laxatives, enemas, or emetics, except as ordered by a licensed physician or poison control center for a legitimate medical purpose and documented in the resident's record;

13. Deprivation of opportunities for sleep or rest, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

14. Placement of a resident alone in a locked room or a secured area where the resident is prevented from leaving;

15. Use of mechanical restraints (e.g., handcuffs, waist chains, leg irons, disposable plastic cuffs, leather restraints, or a restraint chair);

16. Use of pharmacological restraints; and

17. Other constitutionally prohibited actions.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-565 Vulnerable population

A. The facility shall implement a procedure for assessing whether a resident is a member of a vulnerable population.

B. If the assessment determines a resident is a vulnerable population, the facility shall implement any identified additional precautions such as heightened need for supervision, additional safety precautions, or separation from certain other residents. The facility shall consider on a case-by-case basis whether a placement would ensure the resident's health and safety and whether the placement would present management or security problems.

C. For the purposes of this section, vulnerable population means a resident or group of residents who have been assessed to be reasonably likely to be exposed to the possibility of being attacked or harmed, either physically or emotionally (e.g., very young residents; residents who are small in stature; residents who have limited English proficiency; residents who are gay, lesbian, bi-sexual, transgender, or intersex; residents with a history of being bullied or of self-injurious behavior).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-570 Residents' mail

A. A resident's incoming or outgoing mail may be delayed or withheld only in accordance with this section or as permitted by other applicable regulations or by order of a court.

B. In accordance with written procedures, staff may open and inspect residents' incoming and outgoing nonlegal mail for contraband. When based on legitimate facility interests of order and security, nonlegal mail may be read, censored, or rejected. In accordance with written procedures, the resident shall be notified when incoming or outgoing letters are withheld in part or in full.

C. In the presence of the recipient and in accordance with written procedures, staff may open to inspect for contraband, but shall not read, legal mail. Legal mail shall mean any written material that is sent to or received from a designated class of correspondents, as defined in procedures, which shall include any court, legal counsel, administrators of the grievance system, or administrators of the department, facility, provider, or governing authority.

D. Staff shall not read mail addressed to parents, immediate family members, legal guardian, guardian ad litem, counsel, courts, officials of the committing authority, public official, or grievance administrators unless permission has been obtained from a court or the facility administrator has determined that there is a reasonable belief that the security of a facility is threatened. When so authorized, staff may read such mail only in the presence of a witness and in accordance with written procedures.

E. Except as otherwise provided, incoming and outgoing letters shall be held for no more than 24 hours and packages for no more than 48 hours, excluding weekends and holidays.

F. Cash, stamps, and other specified items may be held for the resident.

G. Upon request, each resident shall be given postage and writing materials for all legal correspondence and at least two other letters per week.

H. Residents shall be permitted to correspond at their own expense with any person or organization provided such correspondence does not pose a threat to facility order and security and is not being used to violate or to conspire to violate the law.

I. First class letters and packages received for residents who have been transferred or released shall be forwarded.

J. Written procedure governing correspondence of residents shall be made available to all staff and residents and shall be reviewed annually and updated as needed.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-580 Telephone calls

Residents shall be permitted reasonable access to a telephone in accordance with procedures that take into account the need for facility security and order, resident behavior, and program objectives.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-590 Visitation

A. Residents shall be permitted to reasonable visiting privileges, consistent with written procedures, that take into account (i) the need for security and order, (ii) the behavior of individual residents and visitors, (iii) the importance of helping the resident maintain strong family and community ties, (iv) the welfare of the resident, and (v) whenever possible, flexible visiting hours.

B. Copies of the written visitation procedures shall be made available to the parents, when appropriate, legal guardians, the resident, and other interested persons important to the resident no later than the time of admission except that when parents or legal guardians do not participate in the admission process, visitation procedures shall be mailed, either electronically or via first class mail, to them by the close of the next business day after admission, unless a copy has already been provided to the individual.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-600 Contact with attorneys, courts, and law enforcement

A. Residents shall have uncensored, confidential contact with their legal representative in writing, as provided for in 6VAC35-41-570 (residents' mail), by telephone, or in person.

B. Residents shall not be denied access to the courts.

C. Residents shall not be required to submit to questioning by law enforcement, though they may do so voluntarily.

1. Residents' consent shall be obtained prior to any contact with law enforcement.

2. No employee may coerce a resident's decision to consent to have contact with law enforcement.

3. Each facility shall have procedures for establishing a resident's consent to any such contact and for documenting the resident's decision. The procedures may provide for (i) notification of the parent or legal guardian, as appropriate and applicable, prior to the commencement of questioning; and (ii) opportunity, at the resident's request, to confer with an attorney, parent or guardian, or other person in making the decision whether to consent to questioning.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-610 Personal necessities and hygiene

A. At admission, each resident shall be provided the following:

1. An adequate supply of personal necessities for hygiene and grooming;

2. A separate bed equipped with a mattress, a pillow, blankets, bed linens, and, if needed, a waterproof mattress cover; and

3. Individual washcloths and towels.

B. At the time of issuance, all items shall be clean and in good repair.

C. Personal necessities shall be replenished as needed.

D. The washcloths, towels, and bed linens shall be cleaned or changed, at a minimum, once every seven days and more often, if needed. Bleach or another sanitizing agent approved by the federal Environmental Protection Agency to destroy bacteria shall be used in the laundering of such linens and table linens.

E. Staff shall promote good personal hygiene of residents by monitoring and supervising hygiene practices each day and by providing instruction when needed.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-620 Showers

Residents shall have the opportunity to shower daily, except when a declaration of a state of emergency due to drought conditions has been issued by the Governor or water restrictions have been issued by the locality. Under these exceptional circumstances showers shall be restricted as determined by the facility administrator after consultation with local health officials. The alternate schedule implemented under these exceptional circumstances shall account for cases of medical necessity related to health concerns and shall be in effect only until such time as the water restrictions are lifted.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-630 Clothing

A. Provision shall be made for each resident to have an adequate supply of clean and size-appropriate clothing and shoes for indoor and outdoor wear.

B. Clothes and shoes shall be similar in style to those generally worn by individuals of the same age in the community who are engaged in similar activities.

C. Residents shall have the opportunity to participate in the selection of their clothing.

D. Residents shall be allowed to take personal clothing when leaving the facility.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-640 Residents' privacy

Residents shall be provided privacy while bathing, dressing, or conducting toileting activities. This section does not apply to medical personnel performing medical procedures or to staff providing assistance to residents whose physical or mental disabilities dictate the need for assistance with these activities as justified in the resident's record.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-650 Nutrition

A. Each resident, except as provided in subsection B of this section, shall be provided a daily diet that (i) consists of at least three nutritionally balanced meals and an evening snack, (ii) includes an adequate variety and quantity of food for the age of the resident, and (iii) meets any applicable federal nutritional requirements.

B. Special diets or alternative dietary schedules, as applicable, shall be provided in the following circumstances: (i) when prescribed by a physician or (ii) when necessary to observe the established religious dietary practices of the resident. In such circumstances, the meals shall meet t any applicable federal nutritional requirements.

C. Menus of actual meals served shall be kept on file for at least six months.

D. Staff who eat in the presence of the residents shall be served the same meals as the residents unless a special diet has been prescribed by a physician for the staff or residents or the staff or residents are observing established religious dietary practices.

E. There shall not be more than 15 hours between the evening meal and breakfast the following day, except when the facility administrator approves an extension of time between meals on weekends and holidays. When an extension is granted on a weekend or holiday, there shall never be more than 17 hours between the evening meal and breakfast.

F. Providers shall assure that food is available to residents who for documented medical or religious reasons need to eat breakfast before the 15 hours have expired.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-660 School enrollment and study time

A. The facility shall make all reasonable efforts to enroll each resident of compulsory school attendance age in an appropriate educational program within five school business days after admission and in accordance with § 22.1-254 of the Code of Virginia and Regulations Governing the Reenrollment of Students Committed to the Department of Juvenile Justice (8VAC20-660), if applicable. Documentation of the enrollment and any attempt to enroll the resident shall be maintained in the resident's record.

B. Each provider shall develop and implement written procedures to ensure that each resident has adequate study time.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-670 Religion

A. Residents shall not be required or coerced to participate in or be unreasonably denied participation in religious activities.

B. The provider's procedures on religious participation shall be available to residents and any individual or agency considering placement of an individual in the facility.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-680 Recreation

A. The provider shall have a written description of its recreation program that describes activities that are consistent with the facility's total program and with the ages, developmental levels, interests, and needs of the residents that includes:

1. Opportunities for individual and group activities, both structured and unstructured;

2. Use of available community recreational resources and facilities;

3. Scheduling of activities so that they do not conflict with meals, religious services, educational programs, or other regular events; and

4. Regularly scheduled indoor and outdoor recreational activities that are structured to develop skills and attitudes.

B. The provider shall develop and implement written procedures to ensure the safety of residents participating in recreational activities that include:

1. How activities will be directed and supervised by individuals knowledgeable in the safeguards required for the activities;

2. How residents are assessed for suitability for an activity and the supervision provided; and

3. How safeguards for water related activities will be provided, including ensuring that a certified life guard supervises all swimming activities.

C. For all overnight recreational trips away from the facility, the provider shall document trip planning to include:

1. A supervision plan for the entire duration of the activity including awake and sleeping hours;

2. A plan for safekeeping and distribution of medication;

3. An overall emergency, safety, and communication plan for the activity including emergency numbers of facility administration;

4. Staff training and experience requirements for each activity;

5. Resident preparation for each activity;

6. A plan to ensure that all necessary equipment for the activity is in good repair and appropriate for the activity;

7. A trip schedule giving addresses and phone numbers of locations to be visited and how the location was chosen and evaluated;

8. A plan to evaluate residents' physical health throughout the activity and to ensure that the activity is conducted within the boundaries of the resident's capabilities, dignity, and respect for self-determination;

9. A plan to ensure that a certified life guard supervises all swimming activities in which residents participate; and

10. Documentation of any variations from trip plans and reason for the variation.

D. All overnight out-of-state or out-of-country recreational trips require written permission from each resident's legal guardian. Documentation of the written permission shall be kept in the resident's record.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-690 Residents' funds

A. The provider shall implement written procedures for safekeeping and for recordkeeping of any money that belongs or is provided to residents, including allowances, if applicable.

B. A resident's funds, including any allowance or earnings, shall be used for the resident's benefit, for payments ordered by a court, or to pay restitution for damaged property or personal injury as determined by disciplinary procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-700 Fundraising

The provider shall not use residents in its fundraising activities without the written permission of the legal guardian and the consent of residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 1 Admission, Transfer, and Discharge

6VAC35-41-710 Placement pursuant to a court order

When a resident is placed in a facility pursuant to a court order, the following requirements shall be met by maintaining a copy of a court order in the resident's case record:

1. 6VAC35-41-730 (application for admission).

2. 6VAC35-41-740 (admission procedures).

3. 6VAC35-41-750 (written placement agreement).

4. 6VAC35-41-780 (emergency admissions).

5. 6VAC35-41-810 (discharge procedures).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-720 Readmission to a shelter care program

A. When a resident is readmitted to a shelter care facility within 30 days from discharge, the following requirements shall not apply:

1. 6VAC35-41-730 (application for admission).

2. 6VAC35-41-740 (admission procedures).

B. When a resident is readmitted to a shelter care facility within 30 days from discharge, the facility shall:

1. Review and update all information on the face sheet as provided in 6VAC35-41-340 (face sheet);

2. Complete a health screening in accordance with 6VAC35-41-1200 (health screening at admission);

3. Complete required admission and orientation process as provided in 6VAC35-41-760 (admission); and

4. Update in the case record any other information regarding the resident that has changed since discharge.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-730 Application for admission

A. Except for placements pursuant to a court order or resulting from a transfer between residential facilities located in Virginia and operated by the same governing authority, all admissions shall be based on evaluation of an application for admission.

B. Providers shall develop and fully complete, prior to acceptance for care, an application for admission that is designed to compile information necessary to determine:

1. The educational needs of the prospective resident;

2. The mental health, emotional, and psychological needs of the prospective resident;

3. The physical health needs, including the immunization needs, of the prospective resident;

4. The protection needs of the prospective resident;

5. The suitability of the prospective resident's admission;

6. The behavior support needs of the prospective resident; and

7. Information necessary to develop a service plan and a behavior support plan.

C. Each facility shall develop and implement written procedures to assess each prospective resident as part of the application process to ensure that:

1. The needs of the prospective resident can be addressed by the facility's services;

2. The facility's staff are trained to meet the prospective resident's needs; and

3. The admission of the prospective resident would not pose any significant risk to (i) the prospective resident or (ii) the facility's residents or staff.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-740 Admission procedures

A. Except for placements pursuant to a court order, the facility shall admit only those residents who are determined to be compatible with the services provided through the facility.

B. The facility's written criteria for admission shall include the following:

1. A description of the population to be served;

2. A description of the types of services offered;

3. Intake and admission procedures;

4. Exclusion criteria to define those behaviors or problems that the facility does not have the staff with experience or training to manage; and

5. Description of how educational services will be provided to the population being served.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-750 Written placement agreement

A. Except for placements pursuant to a court order or when a resident admits himself to a shelter care facility, each resident's record shall contain, prior to a routine admission, a completed placement agreement signed by a facility representative and the legal guardian or placing agency.Routine admission means the admittance of a resident following evaluation of an application for admission and execution of a written placement agreement.

B. The written placement agreements shall:

1. Authorize the resident's placement;

2. Address acquisition of and consent for any medical treatment needed by the resident;

3. Address the rights and responsibilities of each party involved;

4. Address financial responsibility for the placement;

5. Address visitation with the resident; and

6. Address the education plan for the resident and the responsibilities of all parties.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-760 Admission

A. Written procedure governing the admission and orientation of residents to the facility shall provide for:

1. Verification of legal authority for placement;

2. Search of the resident and the resident's possessions, including inventory and storage or disposition of property, as appropriate;

3. Health screening;

4. Notification of parents and legal guardians, as applicable and appropriate, including of (i) admission, (ii) visitation, and (iii) general information, including how the resident's parent or legal guardian may request information and register concerns and complaints with the facility. The facility shall ask the parent or legal guardian regarding whether the resident has any immediate medical concerns or conditions;

5. Interview with resident to answer questions and obtain information;

6. Explanation to resident of program services and schedules;

7. An orientation on the residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-41-560 (prohibited actions); and

8. Assignment of resident to a housing unit or room.

B. When a resident is readmitted to a shelter care facility within 30 days from discharge, the facility shall update the information required in subsection A of this section.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-770 Orientation to facility rules and disciplinary procedures

A. During the orientation to the facility, residents shall be given written information describing facility rules, the sanctions for rule violations, and the facility's disciplinary process. These shall be explained to the resident and documented by the dated signature of resident and staff.

B. Where a language or literacy problem exists that can lead to a resident misunderstanding the facility rules and regulations, staff or a qualified person under the supervision of staff shall assist the resident.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-780 Emergency admissions

Providers accepting emergency admissions, which are the unplanned or unexpected admission of a resident in need of immediate care excluding self-admittance to a shelter care facility or a court ordered placement, shall:

1. Develop and implement written procedures governing such admissions that shall include procedures to make and document prompt efforts to obtain (i) a written placement agreement signed by the legal guardian or (ii) the order of a court;

2. Place in each resident's record the order of a court, a written request for care or documentation of an oral request for care, and justification of why the resident is to be admitted on an emergency basis; and

3. Except placements pursuant to court orders, clearly document in written assessment information gathered for the emergency admission that the individual meets the facility's criteria for admission.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-790 Resident transfer between residential facilities located in Virginia and operated by the same governing authority

A. Except for transfers pursuant to a court order, when a resident is transferred from one to another facility operated by the same provider or governing authority the sending facility shall provide the receiving facility, at the time of transfer, a written summary of (i) the resident's progress while at the facility; (ii) the justification for the transfer; (iii) the resident's current strengths and needs; and (iv) any medical needs, medications, and restrictions and, if necessary, instructions for meeting these needs.

B. Except for transfers pursuant to a court order, when a resident is transferred from one to another facility operated by the same provider or governing authority the receiving facility shall document at the time of transfer:

1. Preparation through sharing information with the resident, the family and the placing agency about the facility, the staff, the population served, activities, and criteria for admission;

2. Notification to the family, if appropriate; the resident, the placement agency, and the legal guardian; and

3. Receipt of the written summary from the sending facility required by subsection A of this section.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-800 Placement of residents outside the facility

A resident shall not be placed outside the facility prior to the facility obtaining a placing agency license from the Department of Social Services, except as permitted by statute or by order of a court of competent jurisdiction.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-810 Discharge procedures

A. The provider shall have written criteria for discharge that shall include:

1. Criteria for a resident's completing the program that are consistent with the facility's programs and services;

2. Conditions under which a resident may be discharged before completing the program; and

3. Procedures for assisting placing agencies in placing the residents should the facility cease operation.

B. The provider's criteria for discharge shall be accessible to prospective residents, legal guardians, and placing agencies.

C. Residents shall be discharged only to the legal guardian, legally authorized representative, or foster parent with the written authorization of a representative of the legal guardian. Residents over the age of 17 or who have been emancipated may assume responsibility for their own discharge.

D. As appropriate and applicable, information concerning current medications, need for continuing therapeutic interventions, educational status, and other items important to the resident's continuing care shall be provided to the legal guardian or legally authorized representative, as appropriate.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-820 Discharge documentation

A. Except for residents discharged pursuant to a court order, the case record shall contain the following:

1. Documentation that discharge planning occurred prior to the planned discharge date;

2. Documentation that discussions with the parent or legal guardian, placing agency, and resident regarding discharge planning occurred prior to the planned discharge date;

3. A written discharge plan developed prior to the planned discharge date; and

4. As soon as possible, but no later than 30 days after discharge, a comprehensive discharge summary placed in the resident's record and sent to the placing agency. The discharge summary shall review the following:

a. Services provided to the resident;

b. The resident's progress toward meeting service plan objectives;

c. The resident's continuing needs and recommendations, if any, for further services and care;

d. Reasons for discharge and names of persons to whom resident was discharged;

e. Dates of admission and discharge; and

f. Date the discharge summary was prepared and the signature of the person preparing it.

B. When a resident is discharged pursuant to a court order, the case record shall contain a copy of the court order.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 2 Programs and Services

6VAC35-41-830 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-840 Structured programming

A. Each facility shall implement a comprehensive, planned, and structured daily routine, including appropriate supervision designed to:

1. Meet the residents' physical and emotional needs;

2. Provide protection, guidance, and supervision;

3. Ensure the delivery of program services; and

4. Meet the objectives of any individual service plan.

B. Each facility shall have goals, objectives, and strategies consistent with the facility's mission and program objectives utilized when working with all residents until the residents' individualized service plans are developed. These goals, objectives, and strategies shall be provided to the residents in writing during orientation to the facility.

C. Residents shall be allowed to participate in the facility's programs, as applicable, upon admission.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-850 Daily log

A. A daily communication log shall be, in accordance with facility procedures, maintained to inform staff of significant happenings or problems experienced by residents.

B. The date and time of the entry and the identity of the individual making each entry shall be recorded.

C. If the facility records log book-type information on a computer, all entries shall post the date, time, and identity of the person making an entry. The computer shall prevent previous entries from being overwritten.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-860 Individual service plan

A. An individual service plan shall be developed and placed in the resident's record within 30 days following admission and implemented immediately thereafter. The initial individual service plan shall be distributed to the resident; the resident's family, legal guardian, or legally authorized representative; the placing agency; and appropriate facility staff.

B. Individual service plans shall describe in measurable terms the:

1. Strengths and needs of the resident;

2. Resident's current level of functioning;

3. Goals, objectives, and strategies established for the resident including a behavior support plan, if appropriate;

4. Projected family involvement;

5. Projected date for accomplishing each objective; and

6. Status of the projected discharge plan and estimated length of stay except that this requirement shall not apply to a facility that discharges only upon receipt of the order of a court of competent jurisdiction.

C. Each service plan shall include the date it was developed and the signature of the person who developed it.

D. The service plan shall be reviewed within 60 days of the development of the plan and within each 90-day period thereafter. The individual service plan shall be revised as necessary. Any changes to the plan shall be made in writing. All participants shall receive copies of the revised plan.

E. The resident and facility staff shall participate in the development of the individual service plan.

F. The (i) supervising agency and (ii) resident's parents, legal guardian, or legally authorized representative, if appropriate and applicable, shall be given the opportunity to participate in the development of the resident's individual service plan.

G. Copies of the individual service plan shall be provided to the (i) resident; (ii) parents or legal guardians, as appropriate and applicable, and (iii) the placing agency.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-870 Quarterly reports

A. Except when a resident is placed in a shelter care program, the resident's progress toward meeting his individual service plan goals shall be reviewed and a progress report shall be prepared within 60 days of the development of the plan and within each 90-day period thereafter and shall review the status of the following:

1. Resident's progress toward meeting the plan's objectives;

2. Family's involvement;

3. Continuing needs of the resident;

4. Resident's progress towards discharge; and

5. Status of discharge planning.

B. Each quarterly progress report shall include the date it was developed and the signature of the person who developed it.

C. All quarterly progress reports shall be distributed to the resident; the resident's family, legal guardian, or legally authorized representative; the placing agency; and appropriate facility staff.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-880 Therapy

Therapy, if provided, shall be provided by an individual (i) licensed as a therapist by the Department of Health Professions or (ii) who is licensure eligible and working under the supervision of a licensed therapist unless exempted from these requirements under the Code of Virginia.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-890 Community relationships

A. Opportunities shall be provided for the residents to participate in activities and to utilize resources in the community.

B. In addition to the requirements of 6VAC35-41-290 (background checks for volunteers or interns), written procedures shall govern how the facility will determine if participation in such community activities or programs would be in the residents' best interest.

C. Each facility shall have a staff community liaison who shall be responsible for facilitating cooperative relationships with neighbors, the school system, local law enforcement, local government officials, and the community at large.

D. Each provider shall develop and implement written procedures for promoting positive relationships with the neighbors that shall be approved by the department.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-900 Resident visitation at the homes of staff

Resident visitation at the homes of staff is prohibited unless written permission from the (i) resident's parent or legal guardian, as applicable and appropriate, (ii) the facility administrator, and (iii) the placing agency is obtained before the visitation occurs. The written permission shall be kept in the resident's record.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 3 Supervision

6VAC35-41-910 Additional assignments of direct care staff

If direct care staff assume nondirect care responsibilities, such responsibilities shall not interfere with the staff's direct care duties.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-920 Staff supervision of residents

A. No member of the direct care staff shall be on duty and responsible for the direct care of residents more than six consecutive days without a rest day, except in an emergency. For the purpose of this section, a rest day shall mean a period of not less than 24 consecutive hours during which a staff person has no responsibility to perform duties related to the operation of the facility.

B. Direct care staff shall have an average of at least two rest days per week in any four-week period.

C. Direct care staff shall not be on duty more than 16 consecutive hours, except in an emergency.

D. There shall be at least one trained direct care staff member on duty and actively supervising residents at all times that one or more residents are present.

E. Whenever residents are being supervised by staff there shall be at least one staff person present with a current basic certification in standard first aid and a current certificate in cardiopulmonary resuscitation issued by a recognized authority.

F. The provider shall develop and implement written procedures that address staff supervision of residents including contingency plans for resident illnesses, emergencies, off-campus activities, and resident preferences. These procedures shall be based on the:

1. Needs of the population served;

2. Types of services offered;

3. Qualifications of staff on duty; and

4. Number of residents served.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-930 Staffing pattern

A. During the hours that residents are scheduled to be awake, there shall be at least one direct care staff member awake, on duty, and responsible for supervision of every 10 residents, or portion thereof, on the premises or participating in off-campus, facility sponsored activities, except that independent living programs shall have at least one direct care staff member awake, on duty, and responsible for supervision of every 15 residents on the premises or participating in off-campus, facility sponsored activities.

B. During the hours that residents are scheduled to sleep there shall be no less than one direct care staff member on duty and responsible for supervision of every 16 residents, or portion thereof, on the premises.

C. There shall be at least one direct care staff member on duty and responsible for the supervision of residents in each building where residents are sleeping. This requirement does not apply to approved independent living programs.

D. On each floor where residents are sleeping, there shall be at least one direct care staff member awake and on duty for every 30 residents or portion thereof.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-940 Outside personnel working in the facility

A. Facility staff shall monitor all situations in which outside personnel perform any kind of work in the immediate presence of residents in the facility.

B. Adult inmates shall not work in the immediate presence of any resident and shall be monitored in a way that there shall be no direct contact between or interaction among adult inmates and residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part VII Work Programs

6VAC35-41-950 Work and employment

A. Assignment of chores that are paid or unpaid work assignments shall be in accordance with the age, health, ability, and service plan of the resident.

B. Chores shall not interfere with school programs, study periods, meals, or sleep.

C. Work assignments or employment outside the facility, including reasonable rates of pay, shall be approved by the facility administrator with the knowledge and consent of the parent or legal guardian, as appropriate and applicable.

D. In both work assignments and employment the facility administrator shall evaluate the appropriateness of the work and the fairness of the pay.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part VIII Independent Living Programs

6VAC35-41-960 Independent living programs

A. Independent living programs shall be a competency based program, specifically approved by the board to provide the opportunity for the residents to develop the skills necessary to become independent decision makers, to become self-sufficient adults, and to live successfully on their own following completion of the program.

B. Independent living programs shall have a written description of the curriculum and methods used to teach living skills, which shall include finding and keeping a job, managing personal finances, household budgeting, hygiene, nutrition, and other life skills.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-970 Independent living programs curriculum and assessment

A. Each independent living program must demonstrate that a structured program using materials and curriculum approved by the board is being used to teach independent living skills. The curriculum must include information regarding each of the areas listed in subsection B of this section.

B. Within 14 days of placement the provider must complete an assessment, including strengths and needs, of the resident's life skills using an independent living assessment tool approved by the department. The assessment must cover the following areas:

1. Money management and consumer awareness;

2. Food management;

3. Personal appearance;

4. Social skills;

5. Health and sexuality;

6. Housekeeping;

7. Transportation;

8. Educational planning and career planning;

9. Job seeking skills;

10. Job maintenance skills;

11. Emergency and safety skills;

12. Knowledge of community resources;

13. Interpersonal skills and social relationships;

14. Legal skills;

15. Leisure activities; and

16. Housing.

C. The resident's individualized service plan shall include, in addition to the requirements found in 6VAC35-41-860 (individual service plan), goals, objectives, and strategies addressing each of the areas listed in subsection B of this section, as applicable.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-980 Employee training in independent living programs

Each independent living program shall develop and implement procedures to train all direct care staff within 14 days of employment on the content of the independent living curriculum, the use of the independent living materials, the application of the assessment tool, and the documentation methods used. Documentation of the training shall be kept in the employee's staff record.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-990 Medication management in independent living programs

If residents age 18 years or older are to share in the responsibility for their own medication with the provider, the independent living program shall develop and implement written procedures that include:

1. Training for the resident in self administration and recognition of side effects;

2. Method for storage and safekeeping of medication;

3. Method for obtaining approval for the resident to self administer medication from a person authorized by law to prescribe medication; and

4. Method for documenting the administration of medication.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1000 Nutrition procedure in independent living programs

Each independent living program shall develop and implement written procedures that ensure that each resident is receiving adequate nutrition as required in 6VAC35-41-650 A, B, and C (nutrition).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part IX Wilderness Programs and Adventure Activities

6VAC35-41-1010 Wilderness program

A. The provider must obtain approval by the board prior to operating a primitive camping program.

B. Any wilderness program must meet the following conditions: (i) maintain a nonpunitive environment; (ii) have an experience curriculum; (iii) accept residents only nine years of age or older who cannot presently function at home, in school, or in the community.

C. Any wilderness work program or wilderness work camp program shall have a written program description covering:

1. Its intended resident population;

2. How work assignments, education, vocational training, and treatment will be interrelated;

3. The length of the program;

4. The type and duration of treatment and supervision to be provided upon release or discharge; and

5. The program's behavioral expectations, incentives, and sanctions.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1020 Wilderness programs or adventure activities

A. All wilderness programs and providers that take residents on wilderness or adventure activities shall develop and implement procedures that include:

1. Staff training and experience requirements for each activity;

2. Resident training and experience requirements for each activity;

3. Specific staff to resident ratio and supervision plan appropriate for each activity, including sleeping arrangements and supervision during night time hours;

4. Plans to evaluate and document each participant's physical health throughout the activity;

5. Preparation and planning needed for each activity and time frames;

6. Arrangement, maintenance, and inspection of activity areas;

7. A plan to ensure that any equipment and gear that is to be used in connection with a specified wilderness or adventure activity is appropriate to the activity, certified if required, in good repair, in operable condition, and age and body size appropriate;

8. Plans to ensure that all ropes and paraphernalia used in connection with rope rock climbing, rappelling, high and low ropes courses, or other adventure activities in which ropes are used are approved annually by an appropriate certifying organization and have been inspected by staff responsible for supervising the adventure activity before engaging residents in the activity;

9. Plans to ensure that all participants are appropriately equipped, clothed, and wearing safety gear, such as a helmet, goggles, safety belt, life jacket, or a flotation device, that is appropriate to the adventure activity in which the resident is engaged;

10. Plans for food and water supplies and management of these resources;

11. Plans for the safekeeping and distribution of medication;

12. Guidelines to ensure that participation is conducted within the boundaries of the resident's capabilities, dignity, and respect for self-determination;

13. Overall emergency, safety, and communication plans for each activity including rescue procedures, frequency of drills, resident accountability, prompt evacuation, and notification of outside emergency services; and

14. Review of trip plans by the trip coordinator.

B. Direct care workers hired by wilderness campsite programs and providers that take residents on wilderness or adventure activities shall be trained in a wilderness first aid course.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1030 Initial physical for wilderness programs or adventure activities

Initial physical forms used by wilderness campsite programs and providers that take residents on wilderness or adventure activities shall include:

1. A statement notifying the doctor of the types of activities the resident will be participating in; and

2. A statement signed by the doctor stating the individual's health does not prevent him from participating in the described activities.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1040 Physical environment of wilderness programs or adventure activities

A. Each resident shall have adequate personal storage area.

B. Fire extinguishers of a 2A 10BC rating shall be maintained so that it is never necessary to travel more than 75 feet to a fire extinguisher from combustion-type heating devices, campfires, or other source of combustion.

C. Artificial lighting shall be provided in a safe manner.

D. All areas of the campsite shall be lighted for safety when occupied by residents.

E. A telephone or other means of communication is required at each area where residents sleep or participate in programs.

F. First aid kits used by wilderness campsite programs and providers that take residents on adventure activities shall be activity appropriate and shall be accessible at all times.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1050 Sleeping areas of wilderness programs or adventure activities

A. In lieu of or in addition to dormitories, cabins, or barracks for housing residents, primitive campsites may be used.

B. Sleeping areas shall be protected by screening or other means to prevent admittance of flies and mosquitoes.

C. A separate bed, bunk, or cot shall be made available for each person.

D. A mattress cover shall be provided for each mattress.

E. Bedding shall be clean, dry, sanitary, and in good repair.

F. Bedding shall be adequate to ensure protection and comfort in cold weather.

G. Sleeping bags, if used, shall be fiberfill and rated for 0°F.

H. Linens shall be changed as often as required for cleanliness and sanitation but not less frequently than once a week.

I. Staff of the same sex may share a sleeping area with the residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1060 Personal necessities in wilderness programs or adventure activities

A. Each resident shall be provided with an adequate supply of clean clothing that is suitable for outdoor living and is appropriate to the geographic location and season.

B. Sturdy, water resistant, outdoor footwear shall be provided for each resident.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1070 Trip or activity coordination for wilderness programs or adventure activities

A. All wilderness programs and facilities that take residents on wilderness or adventure activities must designate one staff person to be the trip coordinator who will be responsible for all facility wilderness or adventure trips.

1. This person must have experience in and knowledge regarding wilderness activities and be trained in wilderness first aid. The individual must also have at least one year experience at the facility and be familiar with the facility procedures, staff, and residents.

2. Documentation regarding this knowledge and experience shall be found in the individual's staff record.

3. The trip coordinator will review all trip plans and procedures and will ensure that staff and residents meet the requirements as outlined in the facility's procedure regarding each wilderness or adventure activity to take place during the trip.

4. The trip coordinator will review all trip plans and procedures and will ensure that staff and residents meet the requirements as outlined in the facility's procedure regarding each wilderness or adventure activity to take place during the trip.

B. The trip coordinator shall conduct a post trip debriefing within 72 hours of the group's return to base to evaluate individual and group goals as well as the trip as a whole.

C. The trip coordinator will be responsible for writing a summary of the debriefing session and shall be responsible for ensuring that procedures are updated to reflect improvements needed.

D. A trip folder will be developed for each wilderness or adventure activity conducted away from the facility and shall include:

1. Medical release forms including pertinent medical information on the trip participants;

2. Phone numbers for administrative staff and emergency personnel;

3. Daily trip logs;

4. Incident reports;

5. Swimming proficiency list if trip is near water;

6. Daily logs;

7. Maps of area covered by the trip; and

8. Daily plans.

E. The provider shall ensure that before engaging in any aquatic activity, each resident shall be classified by the trip coordinator or his designee according to swimming ability in one of two classifications: swimmer and nonswimmer. This shall be documented in the resident's record and in the trip folder.

F. The provider shall ensure that lifesaving equipment is provided for all aquatic activities and is placed so that it is immediately available in case of an emergency. At a minimum, the equipment shall include:

1. A whistle or other audible signal device; and

2. A lifesaving throwing device.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part X Family Oriented Group Homes

6VAC35-41-1080 Requirements of family oriented group home systems

Family oriented group home systems shall have written procedures for:

1. Setting the number of residents to be housed in each home and room of the home and prohibiting individuals less than 18 years of age and individuals older than 17 years of age from sharing sleeping rooms without specific approval from the facility administrator;

2. Providing supervision of and guidance for the family oriented group home parents and relief staff;

3. Admitting and orienting residents;

4. Preparing a treatment plan for each resident within 30 days of admission or 72 hours in the case of a shelter care facility, and reviewing the plan quarterly;

5. Providing appropriate programs and services from intake through release;

6. Providing residents with spending money;

7. Managing resident records and releasing information;

8. Providing medical and dental care to residents;

9. Notifying parents and guardians, as appropriate and applicable, the placing agency, and the department of any serious incident as specified in written procedures;

10. Making a program supervisor or designated staff person available to residents and house parents 24 hours a day; and

11. Ensuring the secure control of any firearms and ammunition in the home.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1090 Examination by physician

Each resident admitted to a family oriented group home shall have a physical examination including tuberculosis screening within 30 days of admission unless the resident was examined within six months prior to admission to the program.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1100 Requirements of family oriented group homes

Each family oriented group home shall have:

1. A fire extinguisher, inspected annually;

2. Smoke alarm devices in working condition;

3. Alternative methods of escape from second story;

4. Modern sanitation facilities;

5. Freedom from physical hazards;

6. A written emergency plan that is communicated to all new residents at orientation;

7. An up-to-date listing of medical and other emergency resources in the community;

8. A separate bed for each resident, with clean sheets and linens weekly;

9. A bedroom that is well illuminated and ventilated; is in reasonably good repair; is not a hallway, unfinished basement or attic; and provides conditions for privacy;

10. A place to store residents' clothing and personal items;

11. Sanitary toilet and bath facilities that are adequate for the number of residents;

12. A safe and clean place for indoor and outdoor recreation;

13. Adequate furniture;

14. Adequate laundry facilities or laundry services;

15. A clean and pleasant dining area;

16. Adequate and nutritionally balanced meals; and

17. Daily provision of clean clothing and articles necessary for maintaining proper personal hygiene.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1110 Other applicable regulations

Each family oriented group home shall also be subject to and comply with the requirements of the following provisions of this chapter:

1. 6VAC35-41-180 (employee and volunteer background checks);

2. 6VAC35-41-190 (required initial orientation);

3. 6VAC35-41-200 (required initial training); and

4. 6VAC35-41-210 (required retraining).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part XI Respite Care

6VAC35-41-1120 Definition of respite care

Respite care facility shall mean a facility that is specifically approved to provide short-term, periodic residential care to residents accepted into its program in order to give the parents or legal guardians temporary relief from responsibility for their direct care.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1130 Admission and discharge from respite care

A. Acceptance of an individual as eligible for respite care by a respite care facility is considered admission to the facility. Each individual period of respite care is not considered a separate admission.

B. A respite care facility shall discharge a resident when the legal guardian no longer intends to use the facility's services.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1140 Updating health records in respite care

Respite care facilities shall update the information required by 6VAC35-41-1170 B (health care procedures) at the time of each stay at the facility.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part XII Health Care Services

6VAC35-41-1150 Definitions applicable to health care services

"Health authority" means the individual, government authority, or health care contractor responsible for organizing, planning, and monitoring the timely provision of appropriate health care services, including arrangements for all levels of health care and the ensuring of quality and accessibility of all health services, consistent with applicable statutes and regulations, prevailing community standards, and medical ethics.

"Health care record" means the complete record of medical screening and examination information and ongoing records of medical and ancillary service delivery including, but not limited to, all findings, diagnoses, treatments, dispositions, prescriptions, and their administration.

"Health care services" means those actions, preventative and therapeutic, taken for the physical and mental well-being of a resident. Health care services include medical, dental, orthodontic, mental health, family planning, obstetrical, gynecological, health education, and other ancillary services.

"Health trained personnel" means an individual who is trained by a licensed health care provider to perform specific duties such as administering health care screenings, reviewing screening forms for necessary follow-up care, preparing residents and records for sick call, and assisting in the implementation of certain medical orders.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1160 Provision of health care services

Treatment by nursing personnel shall be performed pursuant to the laws and regulations governing the practice of nursing within the Commonwealth. Other health trained personnel shall provide care within their level of training and certification.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1170 Health care procedures

A. The provider shall have and implement written procedures for promptly:

1. Arranging for the provision of medical and dental services for health problems identified at admission;

2. Arranging for the provision of routine ongoing and follow-up medical and dental services after admission;

3. Arranging for emergency medical and mental health care services, as appropriate and applicable, for each resident as provided by statute or by the agreement with the resident's legal guardian;

4. Arranging for emergency medical and mental health care services, as appropriate and applicable, for any resident experiencing or showing signs of suicidal or homicidal thoughts, symptoms of mood or thought disorders, or other mental health problems; and

5. Ensuring that the required information in subsection B of this section is accessible and up to date.

B. The following written information concerning each resident shall be readily accessible to staff who may have to respond to a medical or dental emergency:

1. Name, address, and telephone number of the physician and dentist to be notified;

2. Name, address, and telephone number of a relative or other person to be notified;

3. Medical insurance company name and policy number or Medicaid number;

4. Information concerning:

a. Use of medication;

b. All allergies, including medication allergies;

c. Substance abuse and use;

d. Significant past and present medical problems; and

5. Written permission for emergency medical care, dental care, and obtaining immunizations or a procedure and contacts for obtaining consent.

C. Facilities approved to provide respite care shall update the information required by subsection B of this section at the time of each stay at the facility.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1180 Health trained personnel

A. Health trained personnel shall provide care as appropriate to their level of training and certification and shall not administer health care services for which they are not qualified or specifically trained.

B. The facility shall retain documentation of the training received by health trained personnel necessary to perform any designated health care services. Documentation of applicable, current licensure or certification shall constitute compliance with this section.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1190 Consent to and refusal of health care services

A. The knowing and voluntary agreement, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion, of a person who is capable of exercising free choice (informed consent) to health care shall be obtained from the resident, parent, guardian, or legal custodian as required by law.

B. The resident, parent, guardian, or legal custodian, as applicable, shall be advised by an appropriately trained medical professional of (i) the material facts regarding the nature, consequences, and risks of the proposed treatment, examination, or procedure and (ii) the alternatives to it.

C. Residents may refuse in writing medical treatment and care. This subsection does not apply to medication refusals that are governed by 6VAC35-41-1280 (medication).

D. When health care is rendered against the resident's will, it shall be in accordance with applicable laws and regulations.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1200 Health screening at admission

The facility shall require that:

1. To prevent newly arrived residents who pose a health or safety threat to themselves or others from being admitted to the general population, all residents shall immediately upon admission undergo a preliminary health screening consisting of a structured interview and observation by health care personnel or health trained staff. As necessary to maintain confidentiality, all or a portion of the interview shall be conducted with the resident without the presence of the parent or guardian.

2. Residents admitted to the facility who pose a health or safety threat to themselves or others shall not be admitted to the facility's general population but provision shall be made for them to receive comparable services.

3. Immediate health care is provided to residents who need it.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1210 Tuberculosis screening

A. Within seven days of placement each resident shall have had a screening assessment for tuberculosis. The screening assessment can be no older than 30 days.

B. A screening assessment for tuberculosis shall be completed annually on each resident.

C. The facility's screening practices shall be performed consistent with any current recommendations of the Virginia Department of Health, Division of Tuberculosis Prevention and Control and the federal Department of Health and Human Services Centers for Disease Control and Prevention for the detection, diagnosis, prophylaxis, and treatment of pulmonary tuberculosis.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1220 Medical examinations and treatment

A. Except for residents placed in a shelter care facility, each resident accepted for care shall have a physical examination by or under the direction of a licensed physician no earlier than 90 days prior to admission to the facility or no later than seven days following admission, except (i) the report of an examination within the preceding 12 months shall be acceptable if a resident transfers from one facility licensed or certified by a state agency to another and (ii) a physical examination shall be conducted within 30 days following an emergency admission if a report of physical examination is not available.

B. Each resident shall have an annual physical examination by or under the direction of a licensed physician and an annual dental examination by a licensed dentist.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1230 Infectious or communicable diseases

A. A resident with a communicable disease shall not be admitted unless a licensed physician certifies that:

1. The facility is capable of providing care to the resident without jeopardizing residents and staff; and

2. The facility is aware of the required treatment for the resident and the procedures to protect residents and staff.

The requirements of this subsection shall not apply to shelter care facilities.

B. The facility shall implement written procedures approved by a medical professional that:

1. Address staff (i) interactions with residents with infectious, communicable, or contagious medical conditions; and (ii) use of standard precautions;

2. Require staff training in standard precautions, initially and annually thereafter; and

3. Require staff to follow procedures for dealing with residents who have infectious or communicable diseases.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1240 Suicide prevention

Written procedure shall provide (i) for a suicide prevention and intervention program, developed in consultation with a qualified medical or mental health professional, and (ii) for all direct care staff to be trained in the implementation of the program.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1250 Residents' health records

A. Each resident's health record shall include written documentation of (i) the initial physical examination, (ii) an annual physical examination by or under the direction of a licensed physician including any recommendation for follow-up care, and (iii) documentation of the provision of follow-up medical care recommended by the physician or as indicated by the needs of the resident.

B. The resident's active health records (i) shall be kept confidential and inaccessible from unauthorized persons, (ii) shall be readily accessible in case of emergency, and (iii) shall be made available to authorized staff consistent with applicable state and federal statutes and regulations.

C. Each physical examination report shall include:

1. Information necessary to determine the health and immunization needs of the resident, including:

a. Immunizations administered at the time of the exam;

b. Vision exam;

c. Hearing exam;

d. General physical condition including documentation of apparent freedom from communicable disease, including tuberculosis;

e. Allergies, chronic conditions, and handicaps, if any;

f. Nutritional requirements including special diets, if any;

g. Restrictions on physical activities, if any; and

h. Recommendations for further treatment, immunizations, and other examinations indicated;

2. Date of the physical examination; and

3. Signature of a licensed physician, the physician's designee, or an official of a local health department.

D. Each resident's health record shall include written documentation of (i) an annual examination by a licensed dentist and (ii) documentation of follow-up dental care recommended by the dentist or as indicated by the needs of the resident. This requirement does not apply to shelter care facilities and respite care facilities.

E. Each resident's health record shall include notations of health and dental complaints and injuries and shall summarize symptoms and treatment given.

F. Each resident's health record shall include or document the facility's efforts to obtain treatment summaries of ongoing psychiatric or other mental health treatment and reports, if applicable.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1260 First aid kits

A. A well-stocked first aid kit shall be maintained, with an inventory of its contents, and readily accessible for dealing with minor injuries and medical emergencies.

B. First aid kits should be monitored in accordance with established facility procedures to ensure kits are maintained, stocked, and ready for use.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1270 Hospitalization and other outside medical treatment of residents

A. When a resident needs hospital care or other medical treatment outside the facility:

1. The resident shall be transported safely; and

2. A parent or legal guardian, a staff member, or a law-enforcement officer, as appropriate, shall accompany the resident and stay at least during admission.

B. If a parent or legal guardian does not accompany the resident to the hospital or other medical treatment outside the facility, the parent or legal guardian shall be informed that the resident was taken outside the facility for medical attention as soon as is practicable.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1280 Medication

A. All medication shall be properly labeled consistent with the requirements of the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia). Medication prescribed for individual use shall be so labeled.

B. All medication shall be securely locked, unless otherwise ordered by a physician on an individual basis for keep-on-person or equivalent use.

C. All staff responsible for medication administration who do not hold a license issued by the Virginia Department of Health Professions authorizing the administration of medications shall have successfully completed a medication training program approved by the Board of Nursing or be licensed by the Commonwealth of Virginia to administer medications before they can administer medication. All staff who administer medication shall complete an annual refresher medication training.

D. Staff authorized to administer medication shall be informed of any known side effects of the medication and the symptoms of the effects.

E. A program of medication, including procedures regarding the use of over-the-counter medication pursuant to written or verbal orders signed by personnel authorized by law to give such orders, shall be initiated for a resident only when prescribed in writing by a person authorized by law to prescribe medication.

F. All medications shall be administered in accordance with the physician's or other prescriber's instructions and consistent with the requirements of § 54.2-2408 of the Code of Virginia and the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

G. A medication administration record shall be maintained of all medicines received by each resident and shall include:

1. Date the medication was prescribed or most recently refilled;

2. Drug name;

3. Schedule for administration;

4. Strength;

5. Route;

6. Identity of the individual who administered the medication; and

7. Dates the medication was discontinued or changed.

H. In the event of a medication incident or an adverse drug reaction, first aid shall be administered if indicated. Staff shall promptly contact a poison control center, pharmacist, nurse, or physician and shall take actions as directed. If the situation is not addressed in standing orders, the attending physician shall be notified as soon as possible and the actions taken by staff shall be documented. A medical incident shall mean an error made in administering a medication to a resident including the following: (i) a resident is given incorrect medication; (ii) medication is administered to an incorrect resident; (iii) an incorrect dosage is administered; (iv) medication is administered at a wrong time or not at all; and (v) the medication is administered through an improper method. A medication error does not include a resident's refusal of appropriately offered medication.

I. Written procedures shall provide for (i) the documentation of medication incidents, (ii) the review of medication incidents and reactions and making any necessary improvements, (iii) the storage of controlled substances, and (iv) the distribution of medication off campus. The procedures must be approved by a health care professional. Documentation of this approval shall be retained.

J. Medication refusals shall be documented including action taken by staff. The facility shall follow procedures for managing such refusals that shall address:

1. Manner by which medication refusals are documented, and

2. Physician follow-up, as appropriate.

K. Disposal and storage of unused, expired, and discontinued medications shall be in accordance with applicable laws and regulations.

L. The telephone number of a regional poison control center and other emergency numbers shall be posted on or next to each nonpay telephone that has access to an outside line in each building in which residents sleep or participate in programs.

M. Syringes and other medical implements used for injecting or cutting skin shall be locked and inventoried in accordance with facility procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part XIII Behavior Support and Management

6VAC35-41-1290 Behavior management

A. Each facility shall implement a behavior management program. Behavior management shall mean those principles and methods employed to help a resident achieve positive behavior and to address and correct a resident's inappropriate behavior in a constructive and safe manner in accordance with written procedures governing program expectations, treatment goals, and residents' and employees' safety and security.

B. Written procedures governing this program shall provide the following:

1. A description of the rules of conduct and behavioral expectations for the resident;

2. Orientation of residents as provided in 6VAC35-41-770 (orientation to facility rules and disciplinary procedures);

3. A description of a system of privileges and sanctions that is used and available for use.

4. Specification of the staff members who may authorize the use of privileges and sanctions; and

5. Documentation requirements when sanctions are imposed.

C. Written information concerning the procedures of the provider's behavior management program shall be provided prior to admission to prospective residents, legal guardians, and placing agencies. For court-ordered and emergency admissions, this information shall be provided to:

1. Residents within 12 hours following admission;

2. Placing agencies within 72 hours following the resident's admission; and

3. Legal guardians within 72 hours following the resident's admission.

D. When substantive revisions are made to procedures governing management of resident behavior, written information concerning the revisions shall be provided to:

1. Residents prior to implementation; and

2. Legal guardians and placing agencies prior to implementation.

E. The facility administrator or designee shall review the behavior management program and procedures at least annually to determine appropriateness for the population served.

F. Any time residents are present, staff must be present who have completed all trainings in behavior management.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1300 Behavior support

A. Each facility shall have a procedure regarding behavior support plans for use with residents who need supports in addition to those provided in the facility's behavior management program that addresses the circumstances under which such plans shall be utilized. Such plans shall support the resident's self-management of his own behavior and shall include:

1. Identification of positive and problem behavior;

2. Identification of triggers for behaviors;

3. Identification of successful intervention strategies for problem behavior;

4. Techniques for managing anger and anxiety; and

5. Identification of interventions that may escalate inappropriate behaviors.

B. Individualized behavior support plans shall be developed in consultation with the:

1. Resident;

2. Legal guardian, if applicable;

3. Resident's parents, if applicable;

4. Program director;

5. Placing agency staff; and

6. Other applicable individuals.

C. Prior to working alone with an assigned resident, each staff member shall review and be prepared to implement the resident's behavior support plan.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1310 Timeout

A. A facility may use a systematic behavior management technique program component designed to reduce or eliminate inappropriate or problematic behavior by having a staff require a resident to move to a specific location that is away from a source of reinforcement for a specific period of time or until the problem behavior has subsided (timeout) under the following conditions:

1. The provider shall develop and implement written procedures governing the conditions under which a resident may be placed in timeout and the maximum period of timeout.

2. The conditions and maximum period of timeout shall be based on the resident's chronological and developmental level.

3. The area in which a resident is placed shall not be locked nor the door secured in a manner that prevents the resident from opening it.

4. A resident in timeout shall be able to communicate with staff.

5. Staff shall check on the resident in the timeout area at least every 15 minutes and more often depending on the nature of the resident's disability, condition, and behavior.

B. Use of timeout and staff checks on the residents shall be documented.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1320 Physical restraint

A. Physical restraint shall be used as a last resort only after less restrictive interventions have failed or to control residents whose behavior poses a risk to the safety of the resident, others, or the public.

1. Staff shall use the least force deemed reasonable to be necessary to eliminate the risk or to maintain security and order and shall never use physical restraint as punishment or with the intent to inflict injury.

2. Staff may physically restrain a resident only after less restrictive behavior interventions have failed or when failure to restrain would result in harm to the resident or others.

3. Physical restraint shall be implemented, monitored, and discontinued only by staff who have been trained in the proper and safe use of restraint.

4. Physical restraint shall mean the application of behavior intervention techniques involving a physical intervention to prevent an individual from moving all or part of that individual's body.

B. Written procedures governing use of physical restraint shall include:

1. The staff position who will write the report and timeframe;

2. The staff position who will review the report and timeframe; and

3. Methods to be followed should physical restraint, less intrusive interventions, or measures permitted by other applicable state regulations prove unsuccessful in calming and moderating the resident's behavior.

C. All physical restraints shall be reviewed and evaluated to plan for continued staff development for performance improvement.

D. Each application of physical restraint shall be fully documented in the resident's record including:

1. Date and time of the incident;

2. Staff involved;

3. Justification for the restraint;

4. Less restrictive behavior interventions that were unsuccessfully attempted prior to using physical restraint;

5. Duration;

6. Description of method or methods of physical restraint techniques used;

7. Signature of the person completing the report and date; and

8. Reviewer's signature and date.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-41-1330 Chemical agents

Staff are prohibited from using pepper spray and other chemical agents to manage resident behavior.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-24 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Chapter 60 Minimum Standards for Virginia Delinquency Prevention and Youth Development Act Grant Programs

Part I General Provisions

6VAC35-60-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Alternative day treatment" or "structured day programs" means nonresidential programs that provide services, which may include counseling, supervision, recreation, and education to referred juveniles at a central facility.

"Annual grant programs update" means a written plan submitted annually to the director of the department by recipients of grant funding requesting renewal of the grant funding and detailing the status of youth services provided in accordance with the Biennial Comprehensive Plan. The annual grant programs update shall include an inventory of youth and parenting related services and programs available in the locality and shall incorporate revisions or modifications of the locality's comprehensive plan as deemed necessary by the youth needs assessment.

"Background check" means steps taken to ascertain whether various records on a person include criminal acts or other circumstances that would be detrimental to juveniles or their families or to the integrity of a program, in addition to a driving record check where applicable to job function.

"Biennial Comprehensive Plan" means a written plan covering two fiscal years and coinciding with the Commonwealth's biennial budget cycle and appropriations plan that sets forth measurable goals and objectives for developing, coordinating, and evaluating youth services. The biennial plan shall be based on an assessment of the community's needs and resources and updated annually, as needed.

"Counseling" means the planned use of interpersonal relationships to promote behavioral change or social adjustment.

"Department" means the Department of Juvenile Justice.

"Direct service programs or services" means programs or services in which Office on Youth staff, assigned Youth Services Citizen Board members, or Office on Youth volunteers, are the primary providers of a service involving ongoing person-to-person contact with youth or families.

"Individual service or contact plan" means a written plan of action developed, updated as needed, and modified at intervals to meet the needs of a juvenile or adult. It specifies measurable short-term and long-term goals, the objectives, strategies, and time frames for reaching the goals, and the individuals responsible for carrying out the plan.

"Local governing body" means a city board, commission, or council or other body by whatever name it may be known, in which the general legislative powers of the city or town are vested or a county board of supervisors.

"Locality" means the city, county, town, or combination thereof served by an Office on Youth.

"Monitoring review" means the written report completed by designated department personnel based on an on-site review of the progress made toward goals and objectives identified in the Office on Youth's Biennial Comprehensive Plan.

"Office on Youth" means the staff and the place of business of the staff of the local entity funded by the authority of the Delinquency Prevention and Youth Development Act (Chapter 3 (§ 66-26 et seq.) of Title 66 of the Code of Virginia).

"Sponsoring locality" means the locality that is the fiscal agent or administrator of the grant.

"Supervision" means visiting or making other contact with or about, or providing treatment, rehabilitation, or services to a juvenile as required by the court, by an intake officer, for parole purposes, or by a designated referral source.

"Time-out" means a systematic behavior management technique designed to reduce or eliminate inappropriate behavior by temporarily removing a juvenile from contact with people or other reinforcing stimuli.

"Volunteer" or "intern" means any individual or group who of their own free will and without any financial gain provides goods or services without compensation.

"Youth needs assessment" means an objective assessment of the community's youth development and delinquency prevention needs and resources.

"Youth Services Citizen Board" means the board appointed by the locality's governing body in accordance with § 66-34 of the Code of Virginia.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 1.1, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-20 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 2.1 and 2.2, eff. July 1, 1990; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.

Part II Youth Services Citizen Board

6VAC35-60-40 Terms

Youth Services Citizen Board members shall be appointed by the local governing body, for a term of no less than three years and not more than five years and may be reappointed; appointments shall be staggered for continuity. At least one Youth Services Citizen Board member shall be below the age of 18 years at the time of appointment. Any members who are below the age of 18 at the time of appointment shall serve one-year terms and may be reappointed as eligible.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 2.3, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-50 Restrictions

No title, position, or agency shall be appointed to the Youth Services Citizen Board.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 2.4, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-60 Officers and bylaws

The Youth Services Citizen Board shall elect its own officers and establish its own bylaws.

History

• Statutory Authority: §§ 66-10, 66-27 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 2.5, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-70 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 2.6, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-71 Youth Services Citizen Board responsibilities

The responsibilities of the Youth Services Citizen Board shall be delineated in writing in a form approved by the local governing body. These responsibilities shall include making recommendations, at least annually, to the local governing body regarding the contents of the Biennial Comprehensive Plan and its implementation.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 3, eff. November 26, 1997; amended, Virginia Register Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-80 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 2.7 to 2.15, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

Article 1 General Requirements for Programs and Services

6VAC35-60-170 Implementation of strategies

The Office on Youth shall implement the strategies to accomplish the goals and objectives as established and authorized in the Biennial Comprehensive Plan.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 3.1, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-180 (Repealed.)

History

• Historical Notes: Derived from VR690-40-005 § 3.2, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 27, Issue 24, eff. October 1, 2011.

Article 2 Personnel and Operations

6VAC35-60-190 Support services

The Office on Youth shall have access to clerical and other support services, as needed.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 3.3, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-200 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 3.4 and 3.5, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-215 Staffing requirements

The Youth Services Citizen Board, if a policy making board, or the city manager or county administrator, with the advice of the Youth Services Citizen Board if an advisory board, shall establish (i) the number of staff; (ii) a written job description for each position; and (iii) the minimum knowledge, skills, and abilities required for each position.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 3, eff. November 26, 1997; amended, Virginia Register Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-220 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 3.6, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-225 Staff and volunteer qualifications and training

A. Staff and volunteers shall be qualified and trained for the positions and duties to which they are assigned.

B. Staff and volunteers who provide professional services shall be appropriately licensed, certified, or qualified, as required by law.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002; Virginia Register Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-230 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 3.7, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-235 Personnel policies

Staff of the Office on Youth shall be governed by, and have ready access to, written personnel policies and procedures.

History

• Statutory Authority: §§ 66-10, 66-27 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-236 Background checks

A. Except as provided in subsection B, all persons who (i) accept a position of employment at an Office on Youth, (ii) volunteer on a regular basis and will be alone with a juvenile in the performance of their duties, or (iii) provide contractual services directly to a juvenile on a regular basis and will be alone with a juvenile in the performance of their duties shall undergo the following background checks to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles:

1. A reference check;

2. A criminal history check;

3. A fingerprint check with the Virginia State Police and Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services; and

5. A driving record check if applicable to the individual's job duties.

B. To minimize vacancy time when the fingerprint checks required by subdivision A 3 of this section have been requested, employees may be hired, pending the results of the fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results as required by subdivision A 3 of this section; and

3. Employees hired under this exception shall not be allowed to be alone with juveniles and may work with juveniles only when under the direct supervision of staff whose background checks have been completed until such time as all background checks are completed.

C. Documentation of compliance with this section shall be retained in the individual's personnel record.

D. Written procedures shall provide for the supervision of nonemployee persons who are not subject to the provisions of subsection A of this section and who have contact with juveniles.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002; amended, Virginia Register Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-237 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002; repealed, Virginia Register Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-240 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 3.8 to 3.11, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-280 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 3.12, eff. July 1, 1990. Amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.

Article 3 Staff Training and Development

6VAC35-60-290 Training program

A program of training with defined objectives relating to the job description shall be written biennially with the Biennial Comprehensive Plan and shall be updated annually, as needed, for each full-time position established for the Office on Youth.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 3.13, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-300 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 3.14 and 3.15, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

Article 4 Fiscal Management

6VAC35-60-320 Budget review

The Youth Services Citizen Board shall review and comment on the proposed operating budget of the Office on Youth.

History

• Statutory Authority: §§ 66-10 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 3.16, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-330 Budget submission

The sponsoring locality shall submit every two years, in accordance with the state's biennial budget process, to the department the approved operating budget for the Office on Youth showing appropriated revenue and projected expenses for the coming year.

History

• Statutory Authority: §§ 66-10 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 3.17, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-340 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 3.18 to 3.21, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-380 Purchasing procedures

The sponsoring locality's purchasing policies and procedures shall govern purchasing of supplies, materials, equipment, and services.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 3.22, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-390 Semi-annual review

The Youth Services Citizen Board shall review, at least twice a year, income and disbursements of the Office on Youth.

History

• Statutory Authority: §§ 66-10, 66-27 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 3.23, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.

6VAC35-60-400 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 3.24, eff. July 1, 1990. Amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997. repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.

Article 5 Monitoring and Evaluation

6VAC35-60-410 On-site monitoring review

The director of the Office on Youth shall circulate or distribute copies of the on-site monitoring review received from designated department personnel to all members of the Youth Services Citizen Board and the city manager or county administrator of the sponsoring locality within 45 calendar days of its receipt.

History

• Statutory Authority: §§ 66-10, 66-27 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 3.25, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002.

6VAC35-60-415 Evaluation

The Office on Youth shall provide for an evaluation of program effectiveness in the Biennial Comprehensive Plan.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002; amended, Virginia Register Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-420 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 3.26 and 3.27, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-440 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 4.1, eff. July 1, 1990. Amended by Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.

6VAC35-60-450 Needs assessment contents

The youth needs assessment shall include but not be limited to:

1. A detailed compilation of the problems, needs, opportunities, and conditions of youth in the community that is based on:

a. Youth-service agencies' opinions;

b. An analysis of public opinion;

c. An analysis of youth attitudes and behaviors; and

d. An analysis of available current archival data.

At least two of the above components shall be updated, at a minimum, every two years with the resulting updated information being incorporated into the Biennial Comprehensive Plan. All four components shall be updated over a four-year cycle.

2. A comprehensive inventory of current programs and resources affecting youth, including:

a. Identifying information;

b. Program descriptions;

c. Clientele served; and

d. Fee requirements.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 4.2, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-460 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 4.3, eff. July 1, 1990. Amended by Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.

6VAC35-60-470 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 4.4, eff. July 1, 1990, repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-480 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 4.5, eff. July 1, 1990. Amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.

6VAC35-60-490 (Repealed.)

Historical Notes

Derived from VR 690-40-005 § 4.6, eff. July 1, 1990, and Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.

6VAC35-60-500 Annual reports

Annually, the Youth Services Citizen Board shall submit the annual grant programs update to the local governing body and send copies to the designated personnel at the department regarding progress toward meeting the goals and objectives identified in the Biennial Comprehensive Plan.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 4.7, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-510 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 4.8 to 4.14, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-575 Applicability of nonresidential standards

Direct service programs operated by Offices on Youth shall comply with the following Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts, as applicable to the direct service program:

6VAC35-150-450 (limitation of contact with juveniles);

6VAC35-150-460 (personnel qualifications);

6VAC35-150-470 (medical emergencies);

6VAC35-150-490 (juveniles' rights);

6VAC35-150-500 (juvenile participation in research);

6VAC35-150-510 (case management requirements);

6VAC35-150-520 (confidentiality of records);

6VAC35-150-530 (incident documentation and reporting);

6VAC35-150-540 (child abuse and neglect);

6VAC35-150-550 (physical setting);

6VAC35-150-560 (individual service or contact plan);

6VAC35-150-580 (emergencies and safety in juveniles' homes);

6VAC35-150-620 (supervision of juveniles in alternative day treatment and structured day programs);

6VAC35-150-630 (meals in alternative day treatment and structured day programs);

6VAC35-150-640 (fire safety);

6VAC35-150-650 (first-aid kits in alternative day programs);

6VAC35-150-660 (delivery of medication);

6VAC35-150-680 (physical and mechanical restraint); and

6VAC35-150-690 (procedural requirements for time-out).

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 18, Issue 25, eff. November 1, 2002; amended, Virginia Register Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-580 Documented need required

The need for the Office on Youth to operate a direct service program shall be documented and included in the Biennial Comprehensive Plan. If there is a documented need for the Office on Youth to operate a direct service program, the Biennial Comprehensive Plan shall specify the description of services to be provided including target populations and an evaluation plan.

The department shall be notified in writing of any plan to change a direct service program or service included in an Office on Youth's Biennial Comprehensive Plan.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 4.15, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-590 (Repealed.)

Historical Notes

Derived from VR690-40-005 § 4.16, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

6VAC35-60-600 Records management

If an Office on Youth provides direct services, written policy and procedure shall, at a minimum, ensure that:

1. Juveniles' records are kept confidential; and

2. Records are destroyed as prescribed in regulations issued by the Virginia Library Board.

History

• Statutory Authority: §§ 66-10 and 66-28 of the Code of Virginia.
• Historical Notes: Derived from VR690-40-005 § 4.17, eff. July 1, 1990; amended, Virginia Register Volume 14, Issue 3, eff. November 26, 1997; Volume 18, Issue 25, eff. November 1, 2002; Volume 27, Issue 24, eff. October 1, 2011.

6VAC35-60-605 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 3, eff. November 26, 1997; repealed, Virginia Register Volume 18, Issue 25, eff. November 1, 2002.

6VAC35-60-610 (Repealed.)

Historical Notes

Derived from VR690-40-005 §§ 4.18 to 4.24, eff. July 1, 1990; repealed, Virginia Register Volume 14, Issue 3, eff. November 26, 1997.

Chapter 71 Regulation Governing Juvenile Correctional Centers

Part I General Provisions

6VAC35-71-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Annual" means within 13 months of the previous event or occurrence.

"Board" means Board of Juvenile Justice.

"Case record" or "record" means written or electronic information regarding a resident and the resident's family, if applicable, maintained in accordance with written procedures.

"Contraband" means any item possessed by or accessible to a resident or found within a juvenile correctional center or on its premises that (i) is prohibited by statute, regulation, or department procedure; (ii) is not acquired through approved channels or in prescribed amounts; or (iii) may jeopardize the safety and security of the juvenile correctional center or individual residents.

"Department" means the Department of Juvenile Justice.

"Direct care" means the time during which a resident who is committed to the department pursuant to § 16.1-272 or 16.1-285.1, or subsection A 14 or 17 of § 16.1-278.8 of the Code of Virginia is under the supervision of staff in a juvenile correctional center operated by or under contract with the department.

"Direct care staff" means the staff whose primary job responsibilities are for (i) maintaining the safety, care, and well-being of residents; (ii) implementing the structured program of care and the behavior management program; and (iii) maintaining the security of the facility.

"Direct supervision" means the act of working with residents who are not in the presence of direct care staff. Staff members who provide direct supervision are responsible for maintaining the safety, care, and well-being of the residents in addition to providing services or performing the primary responsibilities of that position.

"Director" means the Director of the Department of Juvenile Justice.

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action such as a fire, chemical release, loss of utilities, natural disaster, taking of hostages, major disturbances, escape, and bomb threats. Emergency does not include regularly scheduled employee time off or other situations that could be reasonably anticipated.

"Health care record" means the complete record of medical screening and examination information and ongoing records of medical and ancillary service delivery, including but not limited to all findings, diagnoses, treatments, dispositions, prescriptions, and their administration.

"Health care services" means those actions, preventative and therapeutic, taken for the physical and mental well-being of a resident. Health care services include medical, dental, orthodontic, mental health, family planning, obstetrical, gynecological, health education, and other ancillary services.

"Health trained personnel" means an individual who is trained by a licensed health care provider to perform specific duties, such as administering health care screenings, reviewing screening forms for necessary follow-up care, preparing residents and records for sick call, and assisting in the implementation of certain medical orders.

"Individual service plan" or "service plan" means a written plan of action developed, revised as necessary, and reviewed at intervals, to meet the needs of a resident. The individual service plan specifies (i) measurable short-term and long-term goals; (ii) the objectives, strategies, and time frames for reaching the goals; and (iii) the individuals responsible for carrying out the plan.

"Juvenile correctional center," "JCC," or "facility" means a public or private facility, operated by or under contract with the Department of Juvenile Justice, where 24-hour per day care is provided to residents under the direct care of the department.

"Living unit" means the space in a juvenile correctional center in which a particular group of residents resides that contains sleeping areas, bath and toilet facilities, and a living room or its equivalent for use by the residents. Depending upon its design, a building may contain one living unit or several separate living units.

"On duty" means the period of time, during an employee's scheduled work hours, during which the employee is responsible for the direct supervision of one or more residents in performance of that employee's position's duties.

"Parent" or "legal guardian" means (i) a biological or adoptive parent who has legal custody of a resident, including either parent if custody is shared under a joint decree or agreement; (ii) a biological or adoptive parent with whom a resident regularly resides; (iii) a person judicially appointed as a legal guardian of a resident; or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption, or otherwise by operation of law.

"Premises" means the tracts of land on which any part of a juvenile correctional center is located and any buildings on such tracts of land.

"Reception and Diagnostic Center" or "RDC" means the juvenile correctional center that serves as the central intake facility for all individuals committed to the department. The Reception and Diagnostic Center's primary function is to orient, evaluate, and classify each resident before being assigned to a juvenile correctional center or alternative placement.

"Regulatory authority" means the board or the department if designated by the board.

"Resident" means an individual, either a minor or an adult, who is committed to the department and resides in a juvenile correctional center.

"Rules of conduct" means a listing of a juvenile correctional center's rules or regulations that is maintained to inform residents and others of the behavioral expectations of the behavior management program, about behaviors that are not permitted, and about the sanctions that may be applied when impermissible behaviors occur.

"Superintendent" means the individual who has the responsibility for the on-site management and operation of a juvenile correctional center on a regular basis.

"Volunteer" or "intern" means any individual or group who of their own free will provides goods and services without competitive compensation.

"Written" means the required information is communicated in writing. Such writing may be available in either hard copy or in electronic form.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-20 Previous regulations terminated

This chapter replaces the Standards for the Interim Regulation of Children's Residential Facilities, (6VAC35-51), and the Standards for Juvenile Residential Facilities, (6VAC35-140), for the regulation of all JCCs as defined herein. The Standards for the Interim Regulation of Children's Residential Facilities and the Standards for Juvenile Residential Facilities remain in effect for secure detention facilities and group homes, regulated by the board, until such time as the board adopts new regulations related thereto.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-30 Certification

A. The JCC shall maintain a current certification demonstrating compliance with the provisions of the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs (6VAC35-20).

B. The JCC shall demonstrate compliance with this chapter, other applicable regulations issued by the board, and applicable statutes and regulations as interpreted by the assessment and compliance measures approved in accordance with board regulations or department procedures.

C. Documentation necessary to demonstrate compliance with this chapter shall be maintained for a minimum of three years.

D. The current certificate shall be posted at all times in a place conspicuous to the public.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-40 Relationship to the regulatory authority

All reports and information as the regulatory authority may require to establish compliance with this chapter and other applicable regulations and statutes shall be submitted to or made available to the regulatory authority.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-50 Variances

A. Board action may be requested by the superintendent to relieve a JCC from having to meet or develop a plan of action for the requirements of a specific section or subsection of this regulation, either permanently or for a determined period of time, as provided in the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs (6VAC35-20) and in accordance with written procedures.

B. A variance may not be implemented prior to approval of the board.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-55 Operational procedures.

Current operational procedures shall be accessible to all staff.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-60 Serious incident reports

A. The following events shall be reported as soon as practicable, but no later than 24 hours after the incident, and in accordance with department procedures to the director or his designee:

1. Any serious illness, incident, injury, or accident involving injury of a resident;

2. Any absence from the facility without permission; and

3. All other situations required by written procedures.

B. As appropriate and applicable, the facility shall, as soon as practicable, but no later than 24 hours after the incident, and in accordance with written procedures, report the incidents listed in subsection A of this section to (i) the parent or legal guardian and (ii) the supervising court service unit or agency.

C. Any incident involving the death of a resident shall be reported to the individuals specified in subsections A and B of this section without undue delay.

D. The facility shall prepare and maintain a written report of the events listed in subsections A and C of this section which shall contain the following information:

1. The date and time the incident occurred;

2. A brief description of the incident;

3. The action taken as a result of the incident;

4. The name of the person who completed the report;

5. The name or identifying information of the person who made the report to the supervising agency and to the parent or legal guardian; and

6. The name or identifying information of the person to whom the report was made, including any law enforcement or child protective service personnel.

E. The resident's record shall contain a written reference (i) that an incident occurred and (ii) of all applicable reporting.

F. In addition to the requirements of this section, any suspected child abuse and neglect shall be governed by 6VAC35-71-70 (suspected child abuse or neglect).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-70 Suspected child abuse or neglect

A. When there is reason to suspect that a resident is an abused or neglected child, the matter shall be reported immediately to the local department of social services as required by § 63.2-1509 of the Code of Virginia and in accordance with written procedures.

B. Any case of suspected child abuse or neglect occurring at the JCC, occurring on a JCC sponsored event or excursion, or involving JCC staff shall be reported within 24 hours, in accordance with written procedures, to (i) the director or his designee, (ii) the court services unit, and (iii) the resident's parent or legal guardian, as appropriate and applicable.

C. When a case of suspected child abuse or neglect is reported to child protective services a record shall be maintained at the facility that contains the following information:

1. The date and time the suspected abuse or neglect occurred;

2. A brief description of the suspected abuse or neglect;

3. Action taken as a result of the suspected abuse or neglect; and

4. The name or identifying information of the person to whom the report was made at the local child protective services unit.

D. The resident's record shall contain a written reference that a report was made.

E. Written procedures shall be accessible to staff regarding the following:

1. Handling accusations of child abuse or neglect, including those made against staff;

2. Reporting, consistent with requirements of the Code of Virginia, and documenting suspected cases of child abuse or neglect to the local child protective services unit;

3. Cooperating during any investigation; and

4. Measures to be taken to ensure the safety of the resident and the staff.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-75 Reporting criminal activity.

A. Staff shall be required to report all known criminal activity by residents or staff, including but not limited to any physical abuse, sexual abuse, or sexual harassment of residents, to the superintendent or designee.

B. The superintendent, in accordance with written procedures, shall notify the appropriate persons or agencies, including law enforcement and child protective services if applicable and appropriate, of suspected criminal violations by residents or staff.

C. The JCC shall assist and cooperate with the investigation of any such complaints and allegations as necessary.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-80 Grievance procedure

A. The superintendent or designee shall ensure the facility's compliance with the department's grievance procedure. The grievance procedure shall provide for the following:

1. Resident participation in the grievance process, with assistance from staff upon request;

2. Investigation of the grievance by an impartial and objective person who is not the subject of the grievance;

3. Documented, timely responses to all grievances with the supporting reasons for the decision;

4. At least one level of appeal;

5. Administrative review of grievances;

6. Protection of residents from retaliation or the threat of retaliation for filing a grievance; and

7. Immediate review of emergency grievances with resolution as soon as practicable but no later than eight hours after the initial review.

B. Residents shall be oriented to the grievance procedure in an age or developmentally appropriate manner.

C. The grievance procedure shall be (i) written in clear and simple language, (ii) posted in an area accessible to residents, and (iii) posted in an area easily accessible to parents and legal guardians.

D. Staff shall assist and work cooperatively with other employees in facilitating the grievance process.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-90 Resident advisory committee

Each JCC, except RDC, shall have a resident advisory committee that (i) is representative of the facility's population and (ii) shall meet monthly with the superintendent or designees during which time the residents shall be given the opportunity to raise matters of concern to the residents and the opportunity to have input into planning, problem-solving, and decision-making in areas of the residential program that affect their lives.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part II Administrative and Personnel

6VAC35-71-100 Administration and organization

Each JCC shall have an organizational chart that includes functions, services, and activities in administrative subunits, which shall be reviewed and updated as needed, as determined by the JCC superintendent or designee.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-110 Organizational communications

A. The superintendent or designee shall meet, at least monthly, with all department heads and key staff members.

B. The superintendent or the assistant superintendent, chief of security, treatment program supervisor, or counseling supervisor, if designated by the superintendent, shall visit the living units and activity areas at least weekly to encourage informal contact with employees and residents and to observe informally the facility's living and working conditions. The superintendent shall make such visits, at a minimum, one time per month.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-120 Community relationships

Each JCC shall designate a community liaison and, if appropriate, a community advisory committee that serves as a link between the facility and the community, which may include neighbors, local law enforcement, and local government officials.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-130 Participation of residents in human research

A. Residents shall not be used as subjects of human research except as provided in 6VAC35-170 and in accordance with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia.

B. For the purpose of this section, human research means any systematic investigation using human subjects as defined by § 32.1-162.16 of the Code of Virginia and 6VAC35-170.Human research shall not include research prohibited by state or federal statutes or regulations or research exempt from federal regulations or mandated by any applicable statutes or regulations. The testing of medicines or drugs for experimentation or research is prohibited.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-140 Background checks

A. Except as provided in subsection B of this section, all persons who (i) accept a position of employment or (ii) provide contractual services directly to a resident on a regular basis and will be alone with a resident in the performance of their duties in a JCC shall undergo the following background checks, in accordance with § 63.2-1726 of the Code of Virginia, to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of residents in the JCC:

1. A reference check;

2. A criminal history record check;

3. Fingerprint checks with the Virginia State Police and Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services; and

5. A driving record check, if applicable to the individual's job duties.

B. To minimize vacancy time, when the fingerprint checks required by subdivision A 3 of this section have been requested, employees may be hired, pending the results of the fingerprint checks, provided:

1. All of the other applicable components of this subsection have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results as required by subdivision A 3 of this section; and

3. Employees hired under this exception shall not be allowed to be alone with residents and may work with residents only when under the direct supervision of staff whose background checks have been completed until such time as all the requirements of this section are completed.

C. Documentation of compliance with this section shall be retained.

D. Written procedures shall provide for the supervision of nonemployee persons, who are not subject to the provisions of this section who have contact with residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-150 Required initial orientation

A. Before the expiration of the employee's seventh work day at the facility, each employee shall be provided with a basic orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the program;

4. The facility's organizational structure;

5. Security, population control, emergency preparedness, and evacuation procedures in accordance with 6VAC35-71-460 (emergency and evacuation procedures);

6. The practices of confidentiality;

7. The residents' rights; and

8. The basic requirements of and competencies necessary to perform in their positions.

B. Prior to working with residents while not under the direct supervision of staff who have completed all applicable orientations and training, each direct care staff shall receive a basic orientation on the following:

1. The facility's program philosophy and services;

2. The facility's behavior management program;

3. The facility's behavior intervention procedures and techniques, including the use of least restrictive interventions and physical restraint;

4. The residents' rules of conduct and responsibilities;

5. The residents' disciplinary and grievance procedures;

6. Child abuse and neglect and mandatory reporting;

7. Standard precautions; and

8. Documentation requirements as applicable to their duties.

C. Volunteers shall be oriented in accordance with 6VAC35-71-240 (volunteer and intern orientation and training).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-160 Required initial training

A. Each employee shall complete initial, comprehensive training that is specific to the individual's occupational class, is based on the needs of the population served, and ensures that the individual has the competencies to perform the position responsibilities. Contractors shall receive training required to perform their position responsibilities in a correctional environment.

B. Direct care staff and employees responsible for the direct supervision of residents shall, before that employee is responsible for the direct supervision of a resident, complete at least 120 hours of training which shall includetraining in the following areas:

1. Emergency preparedness and response;

2. First aid and cardiopulmonary resuscitation, unless the individual is currently certified, with certification required as applicable to their duties;

3. The facility's behavior management program;

4. The residents' rules of conduct and the rationale for the rules;

5. The facility's behavior interventions, with restraint training required as applicable to their duties;

6. Child abuse and neglect;

7. Mandatory reporting;

8. Maintaining appropriate professional relationships;

9. Appropriate interaction among staff and residents;

10. Suicide prevention;

11. Residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-71-550 (prohibited actions);

12. Standard precautions;

13. Recognition of signs and symptoms and knowledge of actions required in medical emergencies;

14. Adolescent development;

15. Procedures applicable to the employees' position and consistent with their work profiles; and

16. Other topics as required by the department and any applicable state or federal statutes or regulations.

C. Administrative and managerial staff shall receive at least 40 hours of training during their first year of employment. Clerical and support staff shall receive at least 16 hours of training.

D. Employees who administer medication shall, prior to such administration, successfully complete a medication training program approved by the Board of Nursing or be licensed by the Commonwealth of Virginia to administer medication.

E. Employees providing medical services shall be trained in tuberculosis control practices.

F. When an individual is employed by contract to provide services for which licensure by a professional organization is required, documentation of current licensure shall constitute compliance with this section.

G. Volunteers and interns shall be trained in accordance with 6VAC35-71-240 (volunteer and intern orientation and training).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-170 Retraining

A. Each employee shall complete retraining that is specific to the individual's occupational class and the position's job description, and addresses any professional development needs.

1. Direct care staff and employees who provide direct supervision of the residents shall complete 40 hours of training annually, inclusive of the requirements of this section.

2. Administrative and managerial staff shall receive at least 40 hours of training annually.

3. Clerical and support staff shall receive at least 16 hours of training annually.

4. Contractors shall receive retraining as required to perform their position responsibilities in the correctional environment.

B. All staff shall complete an annual training refresher on the facility's emergency preparedness and response plan and procedures.

C. All direct care staff and employees who provide direct supervision of the residents shall complete annual retraining in the following areas:

1. Suicide prevention;

2. Maintaining appropriate professional relationships;

3. Appropriate interaction among staff and residents;

4. Child abuse and neglect;

5. Mandatory reporting;

6. Resident rights, including but not limited to the prohibited actions provided for in 6VAC35-71-550 (prohibited actions);

7. Standard precautions;

8. Behavior management techniques; and

9. Other topics as required by the department and any applicable state or federal statutes or regulations.

D. All direct care staff shall receive training sufficient to maintain a current certification in first aid and cardiopulmonary resuscitation.

E. Employees who administer medication shall complete annual refresher training on the administration of medication.

F. When an individual is employed by contract to provide services for which licensure by a professional organization is required, documentation of current licensure shall constitute compliance with this section.

G. All staff approved to apply physical restraints as provided for in 6VAC35-71-1130 (physical restraint) shall be trained as needed to maintain the applicable current certification.

H. All staff approved to apply mechanical restraints shall be retrained annually as required by 6VAC35-71-1180 (mechanical restraints).

I. Staff who have not timely completed required retraining shall not be allowed to have direct care responsibilities pending completion of the retraining requirements.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-180 Code of ethics

A written set of rules describing acceptable standards of conduct for all employees shall be available to all employees.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-185 Employee tuberculosis screening and follow-up.

A. On or before the employee's start date at the facility and at least annually thereafter each employee shall submit the results of a tuberculosis screening assessment that is no older than 30 days. The documentation shall indicate the screening results as to whether there is an absence of tuberculosis in a communicable form.

B. Each employee shall submit evidence of an annual evaluation of freedom from tuberculosis in a communicable form.

C. Employees shall undergo a subsequent tuberculosis screening or evaluation, as applicable, in the following circumstances:

1. The employee comes into contact with a known case of infectious tuberculosis; or

2. The employee develops chronic respiratory symptoms of three weeks duration.

D. Employees suspected of having tuberculosis in a communicable form shall not be permitted to return to work or have contact with staff or residents until a physician has determined that the individual does not have tuberculosis in a communicable form.

E. Any active case of tuberculosis developed by an employee or a resident shall be reported to the local health department in accordance with the requirements of the Virginia Board of Health Regulations for Disease Reporting and Control (12VAC5-90).

F. Documentation of any screening results shall be retained in a manner that maintains the confidentiality of information.

G. The detection, diagnosis, prophylaxis, and treatment of pulmonary tuberculosis shall be performed consistent with the current requirements of the Virginia Department of Health's Division of Tuberculosis Prevention and Control and the federal Department of Health and Human Services Centers for Disease Control and Prevention.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-190 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-200 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-210 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-220 Selection and duties of volunteers and interns

A. Any JCC that uses volunteers or interns shall implement written procedures governing their selection and use. Such procedures shall provide for the evaluation of persons and organizations in the community who wish to associate with the residents.

B. Volunteers and interns shall have qualifications appropriate for the services provided.

C. The responsibilities of interns and individuals who volunteer on a regular basis shall be clearly defined in writing.

D. Volunteers and interns may not be responsible for the duties of direct care staff.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-230 Volunteer and intern background checks

A. Any individual who (i) volunteers or is an intern on a regular basis in a JCC and (ii) will be alone with a resident in the performance of the position's duties shall be subject to the background check requirements provided for in of 6VAC35-71-140 A (background checks).

B. Documentation of compliance with the background check requirements shall be maintained for each volunteer or intern for whom a background check is required.

C. A JCC that uses volunteers or interns shall implement written procedures for supervising volunteers or interns, on whom background checks are not required or whose background checks have not been completed, who have contact with residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-240 Volunteer and intern orientation and training

A. Any individual who (i) volunteers on a regular basis or is an intern in a JCC and will be alone with the resident or (ii) is the designated leader for a group of volunteers shall be provided with a basic orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the department;

4. The department and facility organizational structure;

5. Security, population control, emergency preparedness, and evacuation procedures;

6. The practices of confidentiality;

7. The residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-71-550 (prohibited actions); and

8. The basic requirements of and competencies necessary to perform their duties and responsibilities.

B. Volunteers and interns shall be trained within 30 days from their start date at the facility in the following:

1. Any procedures that are applicable to their duties and responsibilities; and

2. Their duties and responsibilities in the event of a facility evacuation as provided in 6VAC35-71-460 (emergency and evacuation procedures).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-250 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-260 Maintenance of records

A. A separate written or automated case record shall be maintained for each resident, which shall include all correspondence and documents received by the JCC relating to the care of that resident and documentation of all case management services provided.

B. Separate health care records, including behavioral health, as applicable, and medical records, shall be kept on each resident. Health care records shall be maintained in accordance with 6VAC35-71-1020 (residents' health records) and applicable statutes and regulations. Behavioral health care records may be kept separately from other medical records.

C. Each case record and health care record shall be kept up to date and in a uniform manner in accordance with written procedures. Case records shall be released in accordance with §§ 16.1-300 and 16.1-309.1 of the Code of Virginia and applicable state and federal laws and regulations.

D. The procedures for management of residents' records, written and automated, shall describe confidentiality, accessibility, security, and retention of records including:

1. Access, duplication, dissemination, and acquiring of information only to persons legally authorized according to federal and state laws;

2. Security measures to protect records from loss, unauthorized alteration, inadvertent or unauthorized access, disclosure of information, and transportation of records between service sites; and

3. Designation of the person responsible for records management.

E. Active and closed records shall be kept in secure locations or compartments that are accessible only to authorized employees and are protected from unauthorized access, fire, and flood.

F. Each resident's written case and health care records shall be stored separately subsequent to the resident's discharge in accordance with applicable statutes and regulations.

G. Residents' inactive records shall be retained as required by The Library of Virginia.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-270 Face sheet

A. At the time of admission, each resident's record shall include a completed face sheet that contains (i) the resident's full name, last known residence, birth date, birthplace, sex, race, social security number or other unique identifier, religious preference, and admission date; and (ii) names, addresses, and telephone numbers of the resident's legal guardians, supervising agency, emergency contacts, and parents, if appropriate.

B. The face sheet shall be updated when changes occur and maintained in accordance with written procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part III Physical Environment

6VAC35-71-280 Buildings and inspections

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the appropriate building officials. There shall be a valid, current certificate of occupancy available at each JCC.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51) shall be maintained. If the fire prevention authorities have failed to timely inspect the facility's buildings and equipment, the facility shall maintain documentation of its request to schedule the annual inspection, as well as documentation of any necessary follow-up. For this subsection, the definition of annual shall be defined by the Virginia Department of Fire Programs, State Fire Marshal's Office.

C. The facility shall maintain a current copy of its compliance with annual inspection and approval by an independent, outside source in accordance with state and local inspection laws, regulations, and ordinances, of the following:

1. General sanitation;

2. The sewage disposal system, if applicable;

3. The water supply, if applicable;

4. Food service operations; and

5. Swimming pools, if applicable.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-290 Equipment and systems inspections and maintenance

A. All safety, emergency, and communications equipment and systems shall be inspected, tested, and maintained by designated staff in accordance with the manufacturer's recommendations or instruction manuals or, absent such requirements, in accordance with a schedule that is approved by the superintendent.

1. The facility shall maintain a listing of all safety, emergency, and communications equipment and systems and the schedule established for inspections and testing.

2. Testing of such equipment and systems shall, at a minimum, be conducted quarterly.

B. Whenever safety, emergency, and communications equipment or a system is found to be defective, immediate steps shall be taken to rectify the situation and to repair, remove, or replace the defective equipment.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-300 Alternate power source

Each JCC shall have access to an alternate power source to maintain essential services in an emergency.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-310 Heating and cooling systems and ventilation

A. Heat shall be distributed in all rooms occupied by the residents so that a temperature no less than 68°F is maintained, unless otherwise mandated by state or federal authorities.

B. Air conditioning or mechanical ventilating systems, such as electric fans, shall be provided in all rooms occupied by residents when the temperature in those rooms exceeds 80°F.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-320 Lighting

A. Sleeping and activity areas shall provide natural lighting.

B. All areas within buildings shall be lighted for safety, and the lighting shall be sufficient for the activities being performed.

C. Night lighting shall be sufficient to observe residents.

D. Operable flashlights or battery-powered lanterns shall be accessible to each direct care staff on duty.

E. Outside entrances and parking areas shall be lighted.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-330 Plumbing and water supply; temperature

A. Plumbing shall be maintained in operational condition, as designed.

B. An adequate supply of hot and cold running water shall be available at all times.

C. Precautions shall be taken to prevent scalding from running water. Hot water temperatures should be maintained at 100°F to 120°F.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-340 Drinking water

A. In all JCCs constructed after January 1, 1998, all sleeping areas shall have fresh drinking water for residents' use.

B. All activity areas shall have potable drinking water available for residents' use.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-350 Toilet facilities

A. There shall be toilet facilities available for resident use in all sleeping areas for each JCC constructed after January 1, 1998.

B. There shall be at least one toilet, one hand basin, and one shower or tub for every eight residents for facilities certified on or before December 27, 2007. There shall be one toilet, one hand basin, and one shower or tub for every four residents in any building constructed or structurally modified on or after December 28, 2007.

C. There shall be at least one bathtub in each facility.

D. The maximum number of employees on duty in the living unit shall be counted in determining the required number of toilets and hand basins when a separate bathroom is not provided for staff.

History

• Statutory Authority: §§ 66-10 and 66-13 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014; amended, Virginia Register Volume 32, Issue 8, eff. January 30, 2016.

6VAC35-71-360 Sleeping areas

A. Male and female residents shall have separate sleeping areas.

B. Beds in all facilities or sleeping areas established, constructed, or structurally modified after July 1, 1981, shall be at least three feet apart at the head, foot, and sides; and double-decker beds in such facilities shall be at least five feet apart at the head, foot, and sides. Facilities or sleeping areas established, constructed, or structurally modified before July 1, 1981, shall have a bed placement plan approved by the director or designee.

C. Mattresses shall be fire retardant as evidenced by documentation from the manufacturer, except in buildings equipped with an automated sprinkler system as required by the Virginia Uniform Statewide Building Code (13VAC5-63).

D. Sleeping quarters established, constructed, or structurally modified after July 1, 1981, shall have:

1. At least 80 square feet of floor area in a bedroom accommodating one person;

2. At least 60 square feet of floor area per person in rooms accommodating two or more persons; and

3. Ceilings with a primary height at least 7-1/2 feet in height exclusive of protrusions, duct work, or dormers.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-370 Furnishings

All furnishings and equipment shall be safe, clean, and suitable to the ages and for the number of residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-380 Disposal of garbage and waste

Provision shall be made for the collection and legal disposal of all garbage and waste materials.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-390 Hazardous materials and chemicals

A. Each facility shall have a hazard communication plan that (i) governs the evaluation of the potential hazards of chemicals used at the facility and (ii) requires the communication of information to employees concerning hazards and appropriate protective measures.

B. All flammable, toxic, medical, and caustic materials within the JCC shall be stored, used, and disposed of in appropriate receptacles and in accordance with federal, state, and local requirements.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-400 Smoking prohibition

Residents shall be prohibited from using, possessing, purchasing, or distributing any tobacco products. Tobacco products, including cigarettes, cigars, pipes, and smokeless tobacco, such as chewing tobacco or snuff, shall not be used by staff or visitors in any areas of the facility or its premises where residents may see or smell the tobacco product.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-410 Space utilization

A. Each JCC shall provide for the following:

1. An indoor recreation area with appropriate recreation materials;

2. An outdoor recreation area;

3. Kitchen facilities and equipment for the preparation and service of meals;

4. A dining area equipped with tables and seating ;

5. Space and equipment for laundry, if laundry is done on site;

6. Space for the storage of items such as first aid equipment, household supplies, recreational equipment, and other materials;

7. A designated visiting area that permits informal communication between residents and visitors, including opportunity for physical contact in accordance with written procedures;

8. Space for administrative activities including, as appropriate to the program, confidential conversations and the storage of records and materials; and

9. A central medical room with medical examination facilities equipped in consultation with the health authority.

B. If a school program is operated at the facility, school classrooms shall be designed in consultation with appropriate education authorities to comply with applicable state and local requirements.

C. Spaces or areas may be interchangeably utilized but shall be in functional condition for the designated purpose.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-420 Kitchen operation and safety

A. Each facility shall have a food service operation maintenance plan that addresses the following: (i) food sanitation and safety procedures; (ii) the inspection of all food service, preparation, and dining areas and equipment; (iii) a requirement for sanitary and temperature-controlled storage facilities for food; and (iv) the monitoring of refrigerator and water temperatures.

B. The facility shall follow procedures governing access to all areas where food or utensils are stored and the inventory and control of culinary equipment to which residents reasonably may be expected to have access.

C. Walk-in refrigerators and freezers shall be equipped to permit emergency exits.

D. Bleach or another sanitizing agent approved by the federal Environmental Protection Agency to destroy bacteria shall be used in laundering table and kitchen linens.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-430 Maintenance of the buildings and grounds

A. The interior and exterior of all buildings and grounds shall be safe, maintained, and reasonably free of clutter and rubbish. This includes but is not limited to (i) required locks, mechanical devices, indoor and outdoor equipment, and furnishings; and (ii) all areas where residents, staff, and visitors may reasonably be expected to have access.

B. All buildings shall be reasonably free of stale, musty, or foul odors.

C. Each facility shall have a written plan to control pests and vermin. Buildings shall be kept reasonably free of flies, roaches, rats, and other vermin. Any condition conducive to harboring or breeding insects, rodents, or other vermin shall be eliminated immediately. Each facility shall document efforts to eliminate such conditions, as applicable .

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-440 Animals on the premises

A. Animals maintained on the premises shall be housed at a reasonable distance from sleeping, living, eating, and food preparation areas as well as a safe distance from water supplies.

B. Animals maintained on the premises shall be tested, inoculated, and licensed as required by law.

C. The premises shall be kept reasonably free of stray domestic animals.

D. Pets shall be provided with clean sleeping areas and adequate food and water.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part IV Safety and Security

6VAC35-71-450 Fire prevention plan

Each JCC shall develop and implement a fire prevention plan that provides for an adequate fire protection service.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-460 Emergency and evacuation procedures

A. Each JCC shall have a written emergency preparedness and response plan. The plan shall address:

1. Documentation of contact with the local emergency coordinator to determine (i) local disaster risks; (ii) communitywide plans to address different disasters and emergency situations; and (iii) assistance, if any, that the local emergency management office will provide to the facility in an emergency;

2. Analysis of the facility's capabilities and potential hazards, including natural disasters, severe weather, fire, flooding, workplace violence or terrorism, missing persons, severe injuries, or other emergencies that would disrupt the normal course of service delivery;

3. Written emergency management procedures outlining specific responsibilities for (i) provision of administrative direction and management of response activities; (ii) coordination of logistics during the emergency; (iii) communications; (iv) life safety of employees, contractors, interns, volunteers, visitors, and residents; (v) property protection; (vi) community outreach; and (vii) recovery and restoration;

4. Written emergency response procedures for (i) assessing the situation; (ii) protecting residents, employees, contractors, interns, volunteers, visitors, equipment, and vital records; and (iii) restoring services shall address:

a. Communicating with employees, contractors, and community responders;

b. Warning and notification of residents;

c. Providing emergency access to secure areas and opening locked doors;

d. Requiring fire and emergency keys that are instantly identifiable by sight and touch;

e. Conducting evacuations to emergency shelters or alternative sites and accounting for all residents;

f. Relocating residents, if necessary;

g. Notifying parents and legal guardians, as applicable and appropriate;

h. Alerting emergency personnel and sounding alarms;

i. Locating and shutting off utilities when necessary; and

j. Providing for a planned, personalized means of effective egress for residents who use wheelchairs, crutches, canes, or other mechanical devices for assistance in walking.

5. Supporting documents that would be needed in an emergency, including emergency call lists, building and site maps necessary to shut off utilities, designated escape routes, and list of major resources such as local emergency shelters; and

6. Schedule for testing the implementation of the plan and conducting emergency preparedness drills.

B. All employees shall be trained to ensure they are prepared to implement the emergency preparedness plan in the event of an emergency. Such training shall include the employees' responsibilities for:

1. Alerting emergency personnel and sounding alarms;

2. Implementing evacuation procedures, including evacuation of residents with special needs (i.e., deaf, blind, nonambulatory);

3. Using, maintaining, and operating emergency equipment;

4. Accessing emergency information for residents including medical information; and

5. Utilizing community support services.

C. Contractors and volunteers shall be oriented in their responsibilities in implementing the evacuation plan in the event of an emergency. Such orientation shall be in accordance with the requirements of 6VAC35-71-150 (required initial orientation), 6VAC35-71-160 (required initial training), and 6VAC35-71-240 (volunteer and intern orientation and training).

D. The JCC shall document the review of the emergency preparedness plan annually and make necessary revisions. Such revisions shall be communicated to employees, contractors, volunteers, and interns and shall be incorporated into (i) training for employees, contractors, interns, and volunteers; and (ii) orientation of residents to services.

E. In the event of a disaster, fire, emergency or any other condition that may jeopardize the health, safety and welfare of residents, the facility shall take appropriate action to protect the health, safety and welfare of the residents and to remedy the conditions as soon as possible.

F. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety and welfare of residents, the facility should first respond and stabilize the disaster or emergency. After the disaster or emergency is stabilized, the facility shall (i) report the disaster or emergency to (a) the legal guardian and (b) the director or his designee of the conditions at the facility and (ii) report the disaster or emergency to the regulatory authority. Such reporting shall be made as soon as possible but no later than 72 hours after the incident is stabilized.

G. Floor plans showing primary and secondary means of emergency exiting shall be posted on each floor in locations where they can easily be seen by employees and residents.

H. The responsibilities of the residents in implementing the emergency and evacuation procedures shall be communicated to all residents within seven days following admission or a substantive change in the procedures.

I. At least one evacuation drill (the simulation of the facility's emergency procedures) shall be conducted each month in each building occupied by residents. During any three consecutive calendar months, at least one evacuation drill shall be conducted during each shift.

J. A record shall be maintained for each evacuation drill and shall include the following:

1. Buildings in which the drill was conducted;

2. Date and time of drill;

3. Amount of time to evacuate the buildings; and

4. Specific problems encountered.

K. Each JCC shall assign one employee who shall ensure that all requirements regarding the emergency preparedness and response plan and the evacuation drill program are met.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-470 Security procedures

Each JCC shall follow written security procedures related to the following:

1. Post orders or shift duties for each security post;

2. Population count;

3. A control center that integrates all external and internal security functions and communications, is secured from residents' access, and is staffed 24 hours a day;

4. Control of the perimeter;

5. Actions to be taken regarding any escapes or absences without permission;

6. Searches of the buildings, premises, and persons; and

7. The control, detection, and disposition of contraband.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-480 Searches of residents

A. Written procedures shall govern searches of residents, including patdowns and frisk searches, strip searches, and body cavity searches, and shall include the following:

1. Searches of residents' persons shall be conducted only for the purposes of maintaining facility security and controlling contraband while protecting the dignity of the resident.

2. Searches are conducted only by personnel who are authorized to conduct such searches.

3. The resident shall not be touched any more than is necessary to conduct the search.

B. Patdown and frisk searches shall be conducted by personnel of the same sex as the resident being searched, except in emergencies.

C. Strip searches and visual inspections of the vagina and anal cavity areas shall be subject to the following:

1. The search shall be performed by personnel of the same sex as the resident being searched;

2. The search shall be conducted in an area that ensures privacy; and

3. Any witness to the search shall be of the same sex as the resident.

D. Manual and instrumental searches of the anal cavity or vagina, not including medical examinations or procedures conducted by medical personnel for medical purposes, shall be:

1. Performed only with the written authorization of the facility administrator or by a court order;

2. Conducted by a qualified medical professional;

3. Witnessed by personnel of the same sex as the resident; and

4. Fully documented in the resident's medical file.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-490 Communications systems

A. There shall be at least one continuously operable, nonpay telephone accessible to staff in each building in which residents sleep or participate in programs.

B. There shall be a means for communicating between the control center and living units.

C. The facility shall be able to provide communications in an emergency.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-500 Emergency telephone numbers

An emergency telephone number shall be provided to residents and the adults responsible for their care when a resident is away from the facility and not under the supervision of direct care staff or law-enforcement officials.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-510 Weapons

No firearms or other weapons shall be permitted on the JCC's premises and during JCC-related activities except as provided in written procedures or authorized by the director or designee. Written procedures shall govern any possession, use, and storage of authorized firearms and other weapons on the JCC's premises and during JCC-related activities.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-520 Equipment inventory

The facility shall follow written procedures governing the inventory and control of all security, maintenance, recreational, and medical equipment of the facility to which residents reasonably may be expected to have access.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-530 Power equipment

The facility shall implement written safety rules for use and maintenance of power equipment.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-540 Transportation

A. Each JCC shall have transportation available or make the necessary arrangements for routine and emergency transportation.

B. There shall be written safety rules for transportation of residents and for the use and maintenance of vehicles.

C. Written procedure shall provide for the verification of appropriate licensure for staff whose duties involve transporting residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part V Residents' Rights

6VAC35-71-550 Prohibited actions

Residents shall not be subjected to the following actions:

1. Discrimination in violation of the Constitution of the United States, the Constitution of the Commonwealth of Virginia, and state and federal statutes and regulations;

2. Deprivation of drinking water or food necessary to meet a resident's daily nutritional needs, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

3. Denial of contacts and visits with the resident's attorney, a probation officer, the regulatory authority, a supervising agency representative, or representatives of other agencies or groups as required by applicable statutes or regulations;

4. Any action that is humiliating, degrading, abusive, or unreasonably impinges upon the residents' rights, including but not limited to any form of physical abuse, sexual abuse, or sexual harassment;

5. Corporal punishment, which is administered through the intentional inflicting of pain or discomfort to the body through actions such as, but not limited to (i) striking or hitting with any part of the body or with an implement; (ii) pinching, pulling, or shaking; or (iii) any similar action that normally inflicts pain or discomfort;

6. Subjection to unsanitary living conditions;

7. Deprivation of opportunities for bathing or access to toilet facilities, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

8. Denial of health care;

9. Denial of appropriate services, programs, activities, and treatment;

10. Application of aversive stimuli, except as provided in this chapter or permitted pursuant to other applicable state regulations. Aversive stimuli means any physical forces (e.g., sound, electricity, heat, cold, light, water, or noise) or substances (e.g., hot pepper, pepper sauce, or pepper spray) measurable in duration and intensity that when applied to a resident are noxious or painful to the individual resident;

11. Administration of laxatives, enemas, or emetics, except as ordered by a licensed physician or poison control center for a legitimate medical purpose and documented in the resident's record;

12. Deprivation of opportunities for sleep or rest, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

13. Use of pharmacological restraints; and

14. Other constitutionally prohibited actions.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-555 Vulnerable population.

A. The facility shall implement a procedure for assessing whether a resident is a member of a vulnerable population.

B. If the assessment determines a resident is a vulnerable population, the facility shall implement any identified additional precautions such as heightened need for supervision, additional safety precautions, or separation from certain other residents. The facility shall consider on a case-by-case basis whether a placement would ensure the resident's health and safety and whether the placement would present management or security problems.

C. For the purposes of this section, vulnerable population means a resident or group of residents who have been assessed to be reasonably likely to be exposed to the possibility of being attacked or harmed, either physically or emotionally (e.g., very young residents; residents who are small in stature; residents who have limited English proficiency; residents who are gay, lesbian, bi-sexual, transgender, or intersex; residents with a history of being bullied or of self-injurious behavior).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-560 Residents' mail

A. A resident's incoming or outgoing mail may be delayed or withheld only in accordance with this section, as permitted by other applicable regulations, or by order of a court.

B. Staff may open and inspect residents' incoming and outgoing nonlegal mail for contraband. When based on legitimate facility interests of order and security, nonlegal mail may be read, censored, or rejected in accordance with written procedures. The resident shall be notified when incoming or outgoing letters are withheld in part or in full.

C. In the presence of the recipient and in accordance with written procedures, staff may open to inspect for contraband, but shall not read, legal mail. For the purpose of this section, legal mail means a communication sent to or received from a designated class of correspondents, as defined in written procedures, including but not limited to the court, an attorney, and the grievance system or department administrators.

D. Staff shall not read mail addressed to parents, immediate family members, legal guardian, guardian ad litem, counsel, courts, officials of the committing authority, public officials, or grievance administrators unless (i) permission has been obtained from a court or (ii) the director or his designee has determined that there is a reasonable belief that the security of a facility is threatened. When so authorized staff may read such mail, in accordance with written procedures.

E. Except as otherwise provided, incoming and outgoing letters shall be held for no more than 24 hours and packages shall be held for no more than 48 hours, excluding weekends and holidays.

F. Upon request, each resident shall be given postage and writing materials for all legal correspondence and at least two other letters per week.

G. Residents shall be permitted to correspond at their own expense with any person or organization provided such correspondence does not pose a threat to facility order and security and is not being used to violate or to conspire to violate the law.

H. First class letters and packages received for residents who have been transferred or released shall be forwarded.

I. Written procedure governing correspondence of residents shall be made available to all employees and residents and updated as needed.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-570 Telephone calls

Telephone calls shall be permitted in accordance with written procedures that take into account the need for facility security and order, the resident's behavior, and program objectives.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-580 Visitation

A. A resident's contacts and visits with immediate family members or legal guardians shall not be subject to unreasonable limitations, and any limitation shall be implemented only as permitted by written procedures, other applicable regulations, or by order of a court.

B. Residents shall be permitted to have visitors, consistent with written procedures that take into account (i) the need for facility security and order, (ii) the behavior of individual residents and the visitors, and (iii) the importance of helping the resident maintain strong family and community relationships. Written procedures shall provide for the accommodation of special circumstances.

C. Copies of the visitation procedures shall be mailed, either electronically or via first class mail, to the residents' parents or legal guardians, as applicable and appropriate, and other applicable persons no later than close of the next business day after arrival at the JCC, unless a copy has already been provided to the individual.

D. Resident visitation at an employee's home is prohibited.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-590 Contact with attorneys, courts, and law enforcement

A. Residents shall have uncensored, confidential contact with their legal representative in writing, as provided for in 6VAC35-71-560 (residents' mail), by telephone, or in person. Reasonable limits may be placed on such contacts as necessary to protect the security and order of the facility.

B. Residents shall not be denied access to the courts.

C. Residents shall not be required to submit to questioning by law enforcement, though they may do so voluntarily.

1. Written procedures shall be implemented for obtaining a resident's consent prior to any contact with law enforcement.

2. No employee may coerce a resident's decision to consent to have contact with law enforcement.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-600 Personal necessities

A. At admission, each resident shall be provided the following:

1. An adequate supply of personal necessities for hygiene and grooming;

2. Size-appropriate clothing and shoes for indoor and outdoor wear;

3. A separate bed equipped with a mattress, a pillow, blankets, bed linens, and, if needed, a waterproof mattress cover; and

4. Individual washcloths and towels.

B. At the time of issuance, all items shall be clean and in good repair.

C. Personal necessities shall be replenished as needed.

D. The washcloths, towels, and bed linens shall be cleaned or changed, at a minimum, once every seven days and more often, if needed. Bleach or another sanitizing agent approved by the federal Environmental Protection Agency to destroy bacteria shall be used in the laundering of such linens.

E. After issuance, blankets shall be cleaned or changed as needed.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-610 Showers

Residents shall have the opportunity to shower daily except as (i) provided in written procedures for the purpose of maintaining facility security or for the special management of maladaptive behavior if approved by the superintendent or designee or a mental health professional or (ii) approved by the regulatory authority.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-620 Residents' modesty

Residents shall be provided a level of modesty from routine sight supervision by staff members of the opposite sex while bathing, dressing, or conducting toileting activities except (i) in exceptional security circumstances or (ii) when constant supervision is necessary to protect the resident due to mental health issues. This section does not apply to medical personnel performing medical procedures or to staff providing assistance to residents whose physical or mental disabilities dictate the need for assistance with these activities as justified in the resident's record.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-630 Nutrition

A. Each resident, except as provided in subsection B of this section, shall be provided a daily diet that (i) consists of at least three nutritionally balanced meals, of which two are hot meals, and an evening snack; (ii) includes an adequate variety and quantity of food for the age of the resident; and (iii) meets the nutritional requirements of all applicable federal dietary requirements, such as U.S. Department of Agriculture (USDA).

B. Special diets or alternative dietary schedules, as applicable, shall be provided in the following circumstances: (i) when prescribed by a physician; (ii) when necessary to observe the established religious dietary practices of the resident; or (iii) when necessary for the special management of maladaptive behavior or to maintain facility security if approved by the superintendent or designee or a mental health professional. In such circumstances, the meals shall meet the minimum nutritional requirements of all applicable federal dietary requirements, such as USDA, and any required approval shall be documented.

C. Menus of actual meals served shall be kept on file for at least six months.

D. Staff who eat in the presence of the residents shall be served the same meals as the residents unless a special diet has been prescribed by a physician for the staff or residents are observing established religious dietary practices.

E. There shall not be more than 15 hours between the evening meal and breakfast the following day, except when the superintendent approves an extension of time between meals on weekends and holidays. When an extension is granted on a weekend or holiday, there shall never be more than 17 hours between the evening meal and breakfast.

F. Each JCC shall assure that food is available to residents who for documented medical or religious reasons need to eat breakfast before the 15 hours have expired.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-640 Reading materials

Reading materials that are appropriate to residents' ages and levels of competency shall be available to all residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-650 Religion

A. Residents shall not be required or coerced to participate in or unreasonably denied participation in religious activities.

B. Residents shall be informed of their rights relating to religious participation during orientation as provided in 6VAC35-71-680 (admission and orientation).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-660 Recreation

A. Each JCC shall implement a recreational program plan that includes:

1. Opportunities for individual and group activities;

2. Opportunity for large muscle exercise daily;

3. Scheduling so that activities do not conflict with meals, religious services, educational programs, or other regular events; and

4. Regularly scheduled indoor and outdoor recreational activities that are structured to develop skills. Outdoor recreation will be available whenever practicable in accordance with the facility's recreation plan. Staff shall document any adverse weather conditions, threat to facility security, or other circumstances preventing outdoor recreation.

B. Each recreational program plan shall (i) address the means by which residents will be medically assessed for any physical limitations or necessary restrictions on physical activities and (ii) provide for the supervision of and safeguards for residents, including when participating in water related and swimming activities.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-670 Residents' funds

Residents' funds, including any per diem or earnings, shall be used only (i) for their benefit; (ii) for payment of any fines, restitution, costs, or support ordered by a court or administrative judge; or (iii) to pay restitution for damaged property or personal injury as determined by disciplinary procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part VI Program Operation

6VAC35-71-680 Admission and orientation

A. Written procedure governing the admission and orientation of residents to the JCC shall provide for:

1. Verification of legal authority for placement;

2. Search of the resident and the resident's possessions, including inventory and storage or disposition of property, as appropriate and provided for in 6VAC35-71-690 (residents' personal possessions);

3. Health screening as provided for in 6VAC35-71-940 (health screening at admission);

4. Notification of parent or legal guardian of admission;

5. Provision to the parent or legal guardian of information on (i) visitation, (ii) how to request information, and (iii) how to register concerns and complaints with the facility;

6. Interview with resident to answer questions and obtain information;

7. Explanation to resident of program services and schedules; and

8. Assignment of resident to a living unit, sleeping area, or room.

B. The resident shall receive an orientation to the following:

1. The behavior management program as required by 6VAC35-71-745 (behavior management).

a. During the orientation, residents shall be given written information describing rules of conduct, the sanctions for rule violations, and the disciplinary process. These shall be explained to the resident and documented by the dated signature of resident and staff.

b. Where a language or literacy problem exists that can lead to a resident misunderstanding the rules of conduct and related regulations, staff or a qualified person under the supervision of staff shall assist the resident.

2. The grievance procedure as required by 6VAC35-71-80 (grievance procedure).

3. The disciplinary process as required by 6VAC35-71-1110 (disciplinary process).

4. The resident's responsibilities in implementing the emergency procedures as required by 6VAC35-71-460 (emergency and evacuation procedures).

5. The resident's rights, including but not limited to the prohibited actions provided for in 6VAC35-71-550 (prohibited actions).

6. The resident's rights relating to religious participation as required by 6VAC35-71-650 (religion).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-690 Residents' personal possessions

A. Each JCC shall inventory residents' personal possessions upon admission and document the information in residents' case records. When a resident arrives at a JCC with items that the resident is not permitted to possess in the facility, staff shall:

1. Dispose of contraband items in accordance with written procedures;

2. If the items are nonperishable property that the resident may otherwise legally possess, securely store the property and return it to the resident upon release; or

3. Make reasonable documented efforts to return the property to the resident, or parent or legal guardian.

B. Personal property that remains unclaimed six months after a documented attempt to return the property may be disposed of in accordance with written procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-700 Classification plan

A. A JCC shall utilize an objective classification system for determining appropriate security levels, the needs, and the most appropriate services of the residents and for assigning them to living units according to their needs and existing resources.

B. Residents shall be placed according to their classification levels. Such classification shall be reviewed as necessary in light of (i) the facility's safety and security and (ii) the resident's needs and progress.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-710 Resident transfer between and within JCCs

A. When a resident is transferred between JCCs, the following shall occur:

1. The resident's case records, including medical and behavioral health records, shall accompany the resident to the receiving facility; and

2. The resident's parents or legal guardian, if applicable and appropriate, and the court service unit or supervising agency shall be notified within 24 hours of the transfer.

B. When a resident is transferred to a more restrictive unit, program, or facility within a JCC or between JCCs, the JCC shall provide due process safeguards for residents prior to their transfer.

C. In the case of emergency transfers, such safeguards and notifications shall be instituted as soon as practicable after transfer.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-720 Release

A. Residents shall be released from a JCC in accordance with written procedure.

B. The case record of each resident serving an indeterminate commitment, who is not released pursuant to a court order, shall contain the following:

1. A discharge plan developed in accordance with written procedures;

2. Documentation that the release was discussed with the parent or legal guardian, if applicable and appropriate, the court services unit, and the resident; and

3. As soon as possible, but no later than 30 days after release, a comprehensive release summary placed in the resident's record and sent to the persons or agency that made the placement. The release summary shall review:

a. Services provided to the resident;

b. The resident's progress toward meeting service plan objectives;

c. The resident's continuing needs and recommendations, if any, for further services and care;

d. The names of persons to whom resident was released;

e. Dates of admission and release; and

f. Date the release summary was prepared and the identification of the person preparing it.

C. The case record of each resident serving a determinate commitment or released pursuant to an order of a court shall contain a copy of the court order.

D. As appropriate and applicable, information concerning current medications, need for continuing therapeutic interventions, educational status, and other items important to the resident's continuing care shall be provided to the legal guardian or legally authorized representative, as appropriate and applicable.

E. Upon discharge, the (i) date of discharge and (ii) the name of the person to whom the resident was discharged, if applicable, shall be documented in the case record.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-730 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-740 Structured programming

A. Each facility shall implement a comprehensive, planned, and structured daily routine, including appropriate supervision, designed to:

1. Meet the residents' physical and emotional needs;

2. Provide protection, guidance, and supervision;

3. Ensure the delivery of program services; and

4. Meet the objectives of any individual service plan.

B. Residents shall be provided the opportunity to participate in programming, as applicable, upon admission to the facility.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-745 Behavior management

A. Each JCC shall implement a behavior management program approved by the director or designee. Behavior management shall mean those principles and methods employed to help a resident achieve positive behavior and to address and correct a resident's inappropriate behavior in a constructive and safe manner in accordance with written procedures governing program expectations, treatment goals, resident and staff safety and security, and the resident's individual service plan.

B. Written procedures governing this program shall provide the following:

1. List the behavioral expectations for the resident;

2. Define and list techniques that are used and available for use;

3. Specify the staff members who may authorize the use of each technique;

4. Specify the processes for implementing; and

5. Means of documenting and monitoring of the program's implementation.

C. When substantive revisions are made to the behavior management program, written information concerning the revisions shall be provided to the residents and direct care staff prior to implementation.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-747 Behavior support contract

A. When a resident exhibits a pattern of behavior indicating a need for behavioral support in addition to that provided in the facility's behavior management program, a written behavior support contract shall be developed, in accordance with written procedures, with the intent of assisting the resident to self-manage these behaviors. Procedures governing behavior support contracts shall address (i) the circumstances under which such contracts will be utilized and (ii) the means of documenting and monitoring the contract's implementation.

B. Prior to working alone with an assigned resident, each staff member shall review and be prepared to implement the resident's behavior support contract.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-750 Communication with court service unit staff

A. Each resident's probation or parole officer shall be provided with the contact information for an individual at the facility to whom inquiries on assigned resident cases may be addressed.

B. The resident's probation or parole officer shall be invited to participate in any scheduled classification and staffing team meetings at RDC and any scheduled treatment team meetings.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-760 Communication with parents

A. Each resident's parent or legal guardian, as appropriate and applicable, shall be provided with the contact information for an individual at the facility to whom inquiries regarding the resident may be addressed.

B. The resident's parent or legal guardian, as appropriate and applicable, shall be provided written notice of and the opportunity to participate in any scheduled classification and staffing team meetings at RDC and any scheduled treatment team meetings.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-770 Case management services

A. The facility shall implement written procedures governing case management services, which shall address:

1. The resident's adjustment to the facility, group living, and separation from the resident's family;

2. Supportive counseling, as needed;

3. Transition and community reintegration planning and preparation; and

4. Communicating with (i) staff at the facility; (ii) the parents or legal guardians, as appropriate and applicable; (iii) the court service unit; and (iv) community resources, as needed.

B. The provision of case management services shall be documented in the case record.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-780 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-790 Individual service plans

A. An individual service plan shall be developed and placed in the resident's record within 30 days following arrival at the facility and implemented immediately thereafter. This section does not apply to residents who are housed at RDC for 60 days or less. If a resident remains at RDC for longer than 60 days, an individual plan shall be developed at that time, placed in the resident's record, and implemented immediately thereafter.

B. Individual service plans shall describe in measurable terms the:

1. Strengths and needs of the resident;

2. Resident's current level of functioning;

3. Goals, objectives, and strategies established for the resident;

4. Projected family involvement;

5. Projected date for accomplishing each objective; and

6. Status of the projected release plan and estimated length of stay except that this requirement shall not apply to residents who are determinately committed to the department.

C. Each individual service plan shall include the date it was developed and the signature of the person who developed it.

D. The resident and facility staff shall participate in the development of the individual service plan.

E. The supervising agency and resident's parents, legal guardian, or legally authorized representative, if appropriate and applicable, shall be given the opportunity to participate in the development of the resident's individual service plan.

F. Copies of the individual service plan shall be provided to the (i) resident; (ii) parents or legal guardians, as appropriate and applicable; and (iii) placing agency.

G. The individual service plan shall be reviewed within 60 days of the development of the individual service plan and within each 90-day period thereafter.

H. The individual service plan shall be updated annually and revised as necessary. Any changes to the plan shall be made in writing. All participants shall receive copies of the revised plan.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-800 Quarterly reports

A. The resident's progress toward meeting his individual service plan goals shall be reviewed, and a progress report shall be prepared within 60 days of the development of the service plan and within each 90-day period thereafter. The report shall review the status of the following:

1. Resident's progress toward meeting the plan's objectives;

2. Family's involvement;

3. Continuing needs of the resident;

4. Resident's progress towards discharge; and

5. Status of discharge planning.

B. Each quarterly progress report shall include the date it was developed and the signature of the person who developed it.

C. All quarterly progress reports shall be reviewed with the resident and distributed to the resident's parents, legal guardian, or legally authorized representative; the supervising agency; and appropriate facility staff.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-805 Suicide prevention

Written procedure shall provide that (i) there is a suicide prevention and intervention program developed in consultation with a qualified medical or mental health professional and (ii) all direct care staff are trained and retrained in the implementation of the program.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-810 Behavioral health services

Behavioral health services, if provided, shall be provided by an individual (i) licensed by the Department of Health Professions or (ii) who is working under the supervision of a licensed clinician.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-815 Daily log

A. A daily log shall be maintained, in accordance with written procedures, to inform staff of significant happenings or problems experienced by residents, including but not limited to health and dental complaints and injuries .

B. Each entry in the daily log shall contain (i) the date of the entry, (ii) the name of the individual making the entry, and (iii) the time each entry is made.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-820 Staff supervision of residents

A. Staff shall provide 24-hour awake supervision seven days a week.

B. No member of the direct care staff shall be on duty more than six consecutive days without a rest day, except in an emergency. For the purpose of this section, a rest day means a period of not less than 24 consecutive hours during which the direct care staff person has no responsibility to perform duties related to the operation of a JCC.

C. Direct care staff shall be scheduled with an average of at least two rest days per week in any four-week period.

D. Direct care staff shall not be on duty more than 16 consecutive hours, except in an emergency.

E. There shall be at least one trained direct care staff on duty and actively supervising residents at all times that one or more residents are present.

F. The facility shall implement written procedures that address staff supervision of residents including contingency plans for resident illnesses, emergencies, and off-campus activities. These procedures shall be based on the:

1. Needs of the population served;

2. Types of services offered;

3. Qualifications of staff on duty; and

4. Number of residents served.

G. Staff shall regulate the movement of residents within the facility in accordance with written procedures.

H. No JCC shall permit an individual resident or group of residents to exercise control or authority over other residents except when practicing leadership skills as part of an approved program under the direct and immediate supervision of staff.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-830 Staffing pattern

A. During the hours that residents are scheduled to be awake, there shall be at least one direct care staff member awake, on duty, and responsible for supervision of every 10 residents, or portion thereof, on the premises or participating in off-campus, facility-sponsored activities.

B. During the hours that residents are scheduled to sleep, there shall be no less than one direct care staff member on duty and responsible for supervision of every 16 residents, or portion thereof, on the premises.

C. There shall be at least one direct care staff member on duty and responsible for the supervision of residents in each building or living unit where residents are sleeping.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-840 Outside personnel

A. JCC staff shall monitor all situations in which outside personnel perform any kind of work in the immediate presence of residents.

B. Adult inmates shall not work in the immediate presence of any resident and shall be monitored in a way that there shall be no direct contact between or interaction among adult inmates and residents.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-850 Facility work assignments

A. Work assignments, whether paid or unpaid, shall be in accordance with the age, health, ability, and service plan of the resident.

B. Work assignments shall not interfere with school programs, study periods, meals, or sleep.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-860 Agreements governing juvenile industries work programs

A. If the department enters into an agreement with a public or private entity for the operation of a work program pursuant to § 66-25.1 of the Code of Virginia, the agreement shall:

1. Comply with all applicable federal and state laws and regulations, including but not limited to the Fair Labor Standards Act (29 USC § 201 et seq.), child labor laws, and workers' compensation insurance laws;

2. State the length of the agreement and the criteria by which it may be extended or terminated;

3. Specify where residents will work and, if not at a juvenile correctional center, the security arrangements at the work site; and

4. Summarize the educational, vocational, or job training benefits to residents.

B. The agreement shall address how residents will be hired and supervised, including:

1. The application and selection process;

2. The qualifications required of residents;

3. A requirement that there be a job description for each resident's position;

4. Evaluation of each resident's job-related behaviors and attitudes, attendance, and quality of work; and

5. Whether and how either party may terminate a resident's participation.

C. The agreement shall address resident's compensation including:

1. The manner by which and through what funding source residents are to be paid; and

2. If applicable, whether any deductions shall be made from the resident's compensation for subsistence payments, restitution to victims, etc.

D. As applicable, the agreement shall specify:

1. That accurate records be kept of the work program's finances, materials inventories, and residents' hours of work, and that such records be subject to inspection by either party and by an independent auditor;

2. How the project's goods or services will be marketed;

3. How proceeds from the project will be collected and distributed to the parties; and

4. Which party is responsible for providing:

a. The materials to be worked on;

b. The machinery to be used;

c. Technical training and supervision in the use of equipment or processes;

d. Utilities;

e. Transportation of raw materials and finished goods;

f. Disposal of waste generated in the work project; and

g. Safety and other special equipment and clothing.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part VII Health Care Services

6VAC35-71-870 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-880 Local health authority

A physician, health administrator, government authority, health care contractor, supervising registered nurse or head nurse, or health agency shall be designated the local health authority responsible for organizing, planning, and monitoring the timely provision of appropriate health care services, including arrangements for all levels of health care and the ensuring of quality and accessibility of all health services, including medical, nursing, dental, and mental health care, consistent with applicable statutes, prevailing community standards, and medical ethics. All medical, psychiatric, dental, and nursing matters are the province of the physician, dentist, and nurse, respectively.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-890 Provision of health care services

A. The health care provider shall be guided by recommendations of the American Academy of Family Practice or the American Academy of Pediatrics, as appropriate, in the direct provision of health care services.

B. Treatment by nursing personnel shall be performed pursuant to the laws and regulations governing the practice of nursing within the Commonwealth. Other health trained personnel shall provide care within their level of training and certification.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-900 Health care procedures

A. The department shall have and implement written procedures for promptly:

1. Providing or arranging for the provision of medical and dental services for health problems identified at admission;

2. Providing or arranging for the provision of routine ongoing and follow-up medical and dental services after admission;

3. Providing emergency services for each resident as provided by statute or by the agreement with the resident's legal guardian, if under the age of 18, or the resident, if over the age of 18;

4. Providing emergency services for any resident experiencing or showing signs of suicidal or homicidal thoughts, symptoms of mood or thought disorders, or other mental health problems; and

5. Ensuring that the required information in subsection B of this section is accessible and up to date.

B. The following written information concerning each resident shall be readily accessible to designated staff who may have to respond to a medical or dental emergency:

1. The physician or dentist to be contacted;

2. Name, address, and telephone number of a relative or other person to be notified; and

3. Information concerning:

a. Use of medication;

b. All allergies, including medication allergies;

c. Substance abuse and use; and

d. Significant past and present medical problems.

C. Other health trained personnel shall provide care as appropriate to their level of training and certification and shall not administer health care services for which they are not qualified or specifically trained.

D. The facility shall retain documentation of the training received by health trained personnel necessary to perform any designated health care services. Documentation of applicable, current licensure or certification shall constitute compliance with this section.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-910 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-920 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-930 Consent to and refusal of health care services

A. The resident or parent or legal guardian, as applicable, shall be advised by an appropriately trained medical professional of (i) the material facts regarding the nature, consequences, and risks of the proposed treatment, examination, or procedure; and (ii) the alternatives to it.

B. Health care services, as defined in 6VAC35-71-10 (definitions), shall be provided in accordance with § 54.1-2969 of the Code of Virginia.

C. Residents may refuse, in writing, medical treatment and care. This subsection does not apply to medication refusals that are governed by 6VAC35-71-1070 (medication).

D. When health care is rendered against the resident's will, it shall be in accordance with applicable laws and regulations.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-940 Health screening at admission

Written procedure shall require that:

1. To prevent newly arrived residents who pose a health or safety threat to themselves or others from being admitted to the general population, all residents shall immediately upon admission undergo a preliminary health screening consisting of a structured interview and observation by health care personnel or health trained staff.

2. Residents admitted to the facility who are identified through the screening required in subdivision 1 of this section as posing a health risk to themselves or others shall be separated from the facility's general population until they are no longer a risk. During the period of separation, the residents shall receive services approximating those available to the facility's general population, as deemed appropriate to their condition.

3. Immediate health care is provided to residents who need it.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-950 Tuberculosis screening

A. Within seven days of placement, each resident shall have had a screening assessment for tuberculosis. The screening assessment can be no older than 30 days.

B. A screening assessment for tuberculosis shall be completed annually on each resident.

C. The facility's screening practices shall be performed consistent with the current requirements of the Virginia Department of Health, Division of Tuberculosis Prevention and Control and the federal Department of Health and Human Services Centers for Disease Control and Prevention, for the detection, diagnosis, prophylaxis, and treatment of pulmonary tuberculosis.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-960 Medical examinations

A. Within five days of arrival at a JCC, all residents who are not directly transferred from another JCC shall be medically examined by a physician or a qualified health care practitioner operating under the supervision of a physician to determine if the resident requires medical attention or poses a threat to the health of staff or other residents. This examination shall include the following:

1. Complete medical, immunization, and psychiatric history;

2. Recording of height, weight, body mass index, temperature, pulse, respiration, and blood pressure;

3. Reports of medical laboratory testing and clinical testing results, as deemed medically appropriate, to determine both clinical status and freedom from communicable disease;

4. Medical examination, including gynecological assessment of females, when appropriate;

5. Documentation of immunizations administered; and

6. A plan of care, including initiation of treatment, as appropriate.

B. For residents transferring from one JCC to another, the report of a medical examination within the preceding 13 months shall be acceptable.

C. Each resident shall have an annual physical examination by or under the direction of a licensed physician.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-970 Dental examinations

A. Within seven days of arrival at a JCC, all residents who are not directly transferred from another JCC shall undergo a dental examination by a dentist.

B. For residents transferring from one JCC to another, the report of a dental examination within the preceding 13 months shall be acceptable.

C. Each resident shall have an annual dental examination by a dentist and routine prophylactic treatment.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-980 Immunizations

Each resident's immunizations shall be updated consistent with the regulations (12VAC5-90-110) of the Virginia Department of Health, Office of Epidemiology, Division of Immunization, at the time the record is reviewed. Exemptions for immunizations shall be granted consistent with state or federal law.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-990 Health screening for intrasystem transfers

A. All residents transferred between JCCs shall receive a medical, dental, and mental health screening by health trained or qualified health care personnel upon arrival at the facility. The screening shall include:

1. A review of the resident's health care record;

2. Discussion with the resident on his medical status; and

3. Observation of the resident.

B. All findings shall be documented and the resident shall be referred for follow-up care as appropriate.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1000 Infectious or communicable diseases

A. A resident with a known communicable disease that can be transmitted person-to-person shall not be housed in the general population unless a licensed physician certifies that:

1. The facility is capable of providing care to the resident without jeopardizing residents and staff; and

2. The facility is aware of the required treatment for the resident and the procedures to protect residents and staff.

B. The facility shall implement written procedures, approved by a medical professional, that:

1. Address staff (i) interactions with residents with infectious, communicable, or contagious medical conditions; and (ii) use of standard precautions;

2. Require staff training in standard precautions, initially and annually thereafter; and

3. Require staff to follow procedures for dealing with residents who have infectious or communicable diseases.

C. Employees providing medical services shall be trained in tuberculosis control practices.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1010 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1020 Residents' health records

A. Each resident's health record shall include written documentation of (i) the initial physical examination, (ii) an annual physical examination by or under the direction of a licensed physician including any recommendation for follow-up care, and (iii) documentation of the provision of follow-up medical care recommended by the physician.

B. Each physical examination report shall include:

1. Information necessary to determine the health and immunization needs of the resident, including:

a. Immunizations administered at the time of the exam;

b. Vision exam;

c. Hearing exam;

d. General physical condition, including documentation of apparent freedom from communicable disease including tuberculosis;

e. Allergies, chronic conditions, and handicaps, if any;

f. Nutritional requirements, including special diets, if any;

g. Restrictions on physical activities, if any; and

h. Recommendations for further treatment, immunizations, and other examinations indicated.

2. Date of the physical examination; and

3. Signature of a licensed physician, the physician's designee, or an official of a local health department.

C. Each resident's health record shall include written documentation of (i) an annual examination by a licensed dentist and (ii) documentation of follow-up dental care recommended by the dentist based on the needs of the resident.

D. Each resident's health record shall include notations of health and dental complaints and injuries and shall summarize symptoms and treatment given.

E. Each resident's health record shall include, or document the facility's efforts to obtain, treatment summaries of ongoing psychiatric or other mental health treatment and reports, if applicable.

F. Written procedure shall provide that residents' active health records shall be:

1. Kept confidential from unauthorized persons and in a file separate from the case record;

2. Readily accessible in case of emergency; and

3. Made available to authorized staff consistent with applicable state and federal laws.

History

• Statutory Authority: G. Residents' inactive health records shall be retained and disposed of as required by The Library of Virginia.§§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1030 First aid kits

A. Each facility shall have first aid kits that shall be maintained in accordance with written procedures that shall address the (i) contents; (ii) location; and (iii) method of restocking.

B. The first aid kit shall be readily accessible for minor injuries and medical emergencies.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1040 Sick call

A. All residents shall have the opportunity daily to request health care services.

B. Resident requests for health care services shall be documented, reviewed for the immediacy of need and the intervention required, and responded to daily by qualified medical staff. Residents shall be referred to a physician consistent with established protocols and written or verbal orders issued by personnel authorized by law to give such orders.

C. The frequency and duration of sick call shall be sufficient to meet the health needs of the facility population. For the purpose of this section, sick call shall mean the evaluation and treatment of a resident in a clinical setting, either on or off site, by a qualified health care professional.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1050 Emergency medical services

A. Each JCC shall have access to 24-hour emergency medical, mental health, and dental services for the care of an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call.

B. Procedures shall include arrangements for the following:

1. Utilization of 911 emergency services;

2. Emergency transportation of residents from the facility;

3. Security procedures for the immediate transfer of residents when appropriate;

4. Use of one or more designated hospital emergency departments or other appropriate facilities consistent with the operational procedures of local supporting rescue squads;

5. Response by on-call health care providers to include provisions for telephonic consultation, guidance, or direct response as clinically appropriate; and

6. On-site first aid and crisis intervention.

C. Staff who respond to medical or dental emergencies shall do so in accordance with written procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1060 Hospitalization and other outside medical treatment of residents

A. When a resident needs hospital care or other medical treatment outside the facility:

1. The resident shall be transported safely and in accordance with applicable security procedures that are applied consistent with the severity of the medical condition; and

2. Staff shall escort and supervise residents when outside the facility for hospital care or other medical treatment, until appropriate security arrangements are made. This subdivision shall not apply to the transfer of residents under the Psychiatric Inpatient Treatment of Minors Act (§ 16.1-355 et seq. of the Code of Virginia).

B. In accordance with applicable laws and regulations, the parent or legal guardian, as appropriate and applicable, shall be informed that the resident was taken outside the facility for medical attention as soon as is practicable.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1070 Medication

A. All medication shall be properly labeled consistent with the requirements of the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia). Medication prescribed for individual use shall be so labeled.

B. All medication shall be securely locked, except when otherwise ordered by a physician on an individual basis for keep-on-person or equivalent use.

C. All staff responsible for medication administration who do not hold a license issued by the Virginia Department of Health Professions authorizing the administration of medications shall successfully complete a medication training program approved by the Board of Nursing and receive annual refresher training as required before they can administer medication.

D. Staff authorized to administer medication shall be informed of any known side effects of the medication and the symptoms of the effects.

E. A program of medication, including procedures regarding the use of over-the-counter medication pursuant to written or verbal orders signed by personnel authorized by law to give such orders, shall be initiated for a resident only when prescribed in writing by a person authorized by law to prescribe medication.

F. All medications shall be administered in accordance with the physician's or other prescriber's instructions and consistent with the requirements of § 54.2-2408 of the Code of Virginia and the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

G. A medication administration record shall be maintained of all medicines received by each resident and shall include:

1. Date the medication was prescribed or most recently refilled;

2. Drug name;

3. Schedule for administration, to include notation of each dose administered or refused;

4. Strength;

5. Route;

6. Identity of the individual who administered the medication; and

7. Dates the medication was discontinued or changed.

H. In the event of a medication incident or an adverse drug reaction, first aid shall be administered if indicated. As addressed in the physician's standing orders, staff shall promptly contact a physician, nurse, pharmacist, or poison control center and shall take actions as directed. If the situation is not addressed in standing orders, the attending physician shall be notified as soon as possible and the actions taken by staff shall be documented. A medical incident shall mean an error made in administering a medication to a resident including the following: (i) a resident is given incorrect medication; (ii) medication is administered to the incorrect resident; (iii) an incorrect dosage is administered; (iv) medication is administered at a wrong time or not at all; and (v) the medication is administered through an improper method. A medication incident does not include a resident's refusal of appropriately offered medication.

I. Written procedures shall provide for (i) the documentation of medication incidents, (ii) the review of medication incidents and reactions and making any necessary improvements, (iii) the storage of controlled substances, and (iv) the distribution of medication off campus. The procedures must be approved by a department's health administrator. Documentation of this approval shall be retained.

J. Medication refusals shall be documented including action taken by staff. The facility shall follow procedures for managing such refusals, which shall address:

1. Manner by which medication refusals are documented; and

2. Physician follow-up, as appropriate.

K. Disposal and storage of unused, expired, and discontinued medications shall be in accordance with applicable laws and regulations.

L. The telephone number of a regional poison control center and other emergency numbers shall be posted on or next to each nonpay telephone that has access to an outside line in each building in which residents sleep or participate in programs.

M. Syringes and other medical implements used for injecting or cutting skin shall be locked and inventoried in accordance with facility procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1080 Release physical

Each resident shall be medically examined by a physician or qualified health care practitioner operating under the supervision of a physician within 30 days prior to release, unless exempted by the responsible physician based on a sufficiently recent full medical examination.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part VIII Behavior Interventions

6VAC35-71-1090 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1100 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1110 Disciplinary process

A. Each JCC shall follow written procedures for handling (i) minor resident misbehavior through an informal process and (ii) instances when a resident is charged with a violation of the rules of conduct through the formal process outlined below. Such procedures shall provide for (i) graduated sanctions and (ii) staff and resident orientation and training on the procedures.

B. When staff have reason to believe a resident has committed a rule violation that cannot be resolved through the facility's informal process, staff shall prepare a disciplinary report detailing the alleged rule violation. The resident shall be given a written copy of the report within 24 hours of the alleged rule violation.

C. After the resident receives notice of an alleged rule violation, the resident shall be provided the opportunity to admit or deny the charge.

1. The resident may admit to the charge in writing to a superintendent or designee who was not involved in the incident, accept the sanction prescribed for the offense, and waive his right to any further review.

2. If the resident denies the charge or there is reason to believe that the resident's admission is coerced or that the resident does not understand the charge or the implication of the admission, the formal process for resolving the matter detailed in subsection D of this section shall be followed.

D. The formal process for resolving rule violations shall provide the following:

1. A disciplinary hearing to determine if substantial evidence exists to find the resident guilty of the rule violation shall be scheduled to occur no later than seven days, excluding weekends and holidays, after the rule violation. The hearing may be postponed with the resident's consent.

2. The resident alleged to have committed the rule violations shall be given at least 24 hours notice of the time and place of the hearing, but the hearing may be held within 24 hours with the resident's written consent.

3. The disciplinary hearing on the alleged rule violation shall:

a. Be conducted by an impartial and objective staff who shall determine (i) what evidence is admissible, (ii) the guilt or innocence of the resident, and (iii) if the resident is found guilty of the rule violation, what sanctions shall be imposed;

b. Allow the resident to be present throughout the hearing, unless the resident waives the right to attend, his behavior justifies exclusion, or another resident's testimony must be given in confidence. The reason for the resident's absence or exclusion shall be documented;

c. Permit the resident to make a statement and present evidence and to request relevant witnesses on his behalf. The reasons for denying such requests shall be documented;

d. Permit the resident to request a staff member to represent him and question the witnesses. A staff member shall be appointed to help the resident when it is apparent that the resident is not capable of effectively collecting and presenting evidence on his own behalf; and

e. Be documented, with a record of the proceedings kept for six months.

4. A written record shall be made of the hearing disposition and supporting evidence. The hearing record shall be kept on file at the JCC.

5. The resident shall be informed in writing of the disposition and, if found guilty of the rule violation, the reasons supporting the disposition and the right to appeal.

6. If the resident is found guilty of the rule violation, a copy of the disciplinary report shall be placed in the case record.

7. The superintendent or designee shall review all disciplinary hearings and dispositions to ensure conformity with procedures and regulations.

8. The resident shall have the right to appeal the disciplinary hearing decision to the superintendent or designee within 24 hours of receiving the decision. The appeal shall be decided within 24 hours of its receipt, and the resident shall be notified in writing of the results within three days. These time frames do not include weekends and holidays.

E. When it is necessary to place the resident in confinement to protect the facility's security or the safety of the resident or others, the charged resident may be confined pending the formal hearing for up to 24 hours. Confinement for longer than 24 hours must be reviewed at least once every 24 hours by the superintendent or designee who was not involved in the incident. For any confinement exceeding 72 hours, notice shall be made in accordance with 6VAC35-71-1140 D (room confinement).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1120 Timeout

A. Facilities that use a systematic behavior management technique program component designed to reduce or eliminate inappropriate or problematic behavior by having a staff require a resident to move to a specific location that is away from a source of reinforcement for a specific period of time or until the problem behavior has subsided (timeout) shall implement procedures governing the following:

1. The conditions, based on the resident's chronological and developmental level, under which a resident may be placed in timeout;

2. The maximum period of timeout based on the resident's chronological and developmental level; and

3. The area in which a resident is placed.

B. A resident in timeout shall be able to communicate with staff.

C. Staff shall check on the resident in the timeout area at least every 15 minutes and more often depending on the nature of the resident's disability, condition, and behavior.

D. Use of timeout and staff checks on the residents shall be documented.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1130 Physical restraint

A. Physical restraint shall be used as a last resort only after less restrictive behavior intervention techniques have failed or to control residents whose behavior poses a risk to the safety of the resident, others, or the public.

1. Staff shall use the least force necessary to eliminate the risk or to maintain security and order and shall never use physical restraint as punishment or with intent to inflict injury.

2. Trained staff members may physically restrain a resident only after less restrictive behavior interventions have failed or when failure to restrain would result in harm to the resident or others.

3. Physical restraint may be implemented, monitored, and discontinued only by staff who have been trained in the proper and safe use of restraint.

4. For the purpose of this section, physical restraint shall mean the application of behavior intervention techniques involving a physical intervention to prevent an individual from moving all or part of that individual's body.

B. Each JCC shall implement written procedures governing use of physical restraint that shall include:

1. A requirement for training in crisis prevention and behavior intervention techniques that staff may use to control residents whose behaviors pose a risk;

2. The staff position who will write the report and time frame;

3. The staff position who will review the report for continued staff development for performance improvement and the time frame for this review;

4. Methods to be followed should physical restraint, less intrusive behavior interventions, or measures permitted by other applicable state regulations prove unsuccessful in calming and moderating the resident's behavior; and

5. Identification of control techniques that are appropriate for identified levels of risk.

C. Each application of physical restraint shall be fully documented in the resident's record including:

1. Date and time of the incident;

2. Staff involved;

3. Justification for the restraint;

4. Less restrictive behavior interventions that were unsuccessfully attempted prior to using physical restraint;

5. Duration;

6. Description of method or methods of physical restraint techniques used;

7. Signature of the person completing the report and date; and

8. Reviewer's signature and date.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1140 Room confinement

A. Written procedures shall govern how and when residents may be confined to a locked room.

B. Whenever a resident is confined to a locked room, including but not limited to being placed in isolation, staff shall check the resident visually at least every 30 minutes and more frequently if indicated by the circumstances.

C. Residents who are confined to a locked room, including but not limited to being placed in isolation, shall be afforded the opportunity for at least one hour of physical exercise, outside of the locked room, every calendar day unless the resident's behavior or other circumstances justify an exception. The reasons for any such exception shall be approved in accordance with written procedures and documented.

D. If a resident is confined to a locked room for more than 24 hours, the superintendent or designee shall be notified.

E. If the confinement extends to more than 72 hours, the (i) confinement and (ii) the steps being taken or planned to resolve the situation shall be immediately reported to the department staff, in a position above the level of superintendent, as designated in written procedures. If this report is made verbally, it shall be followed immediately with a written, faxed, or secure email report in accordance with written procedures.

F. The superintendent or designee shall make personal contact with each resident who is confined to a locked room each day of confinement.

G. When confined to a room, the resident shall have a means of communication with staff, either verbally or electronically.

H. If the resident, after being confined to a locked room, exhibits self-injurious behavior (i) staff shall immediately consult with, and document that they have consulted with, a mental health professional; and (ii) the resident shall be monitored in accordance with established protocols, including constant supervision, if appropriate.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1150 Isolation

A. When a resident is confined to a locked room for a specified period of time as a disciplinary sanction for a rule violation (isolation), the provisions of 6VAC35-71-1140 (room confinement) apply.

B. Room confinement during isolation shall not exceed five consecutive days.

C. During isolation, the resident is not permitted to participate in activities with other residents and all activities are restricted, with the exception of (i) eating, (ii) sleeping, (iii) personal hygiene, (iv) reading, (v) writing, and (vi) physical exercise as provided in 6VAC35-71-1140 (room confinement).

D. Residents who are placed in isolation shall be housed no more than one to a room.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1160 Administrative segregation

A. Residents who are placed in administrative segregation units shall be housed no more than two to a room. Single occupancy rooms shall be available when indicated for residents with severe medical disabilities, residents suffering from serious mental illness, sexual predators, residents who are likely to be exploited or victimized by others, and residents who have other special needs for single housing.

B. Residents who are placed in administrative segregation units shall be afforded basic living conditions approximating those available to the facility's general population and as provided for in written procedures. Exceptions may be made in accordance with written procedures when justified by clear and substantiated evidence. If residents who are placed in administrative segregation are confined to a room or placed in isolation, the provisions of 6VAC35-71-1140 (room confinement) and 6VAC35-71-1150 (isolation) apply, as applicable.

C. For the purpose of this section, administrative segregation means the placement of a resident, after due process, in a special housing unit or designated individual cell that is reserved for special management of residents for purposes of protective custody or the special management of residents whose behavior presents a serious threat to the safety and security of the facility, staff, general population, or themselves. For the purpose of this section, protective custody shall mean the separation of a resident from the general population for protection from or of other residents for reasons of health or safety.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1170 Chemical agents

Chemical agents, such as pepper spray, shall not be used by staff for behavior management or facility security purposes.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1180 Mechanical restraints

A. Written procedure shall govern the use of mechanical restraints and shall specify:

1. The conditions under which handcuffs, waist chains, leg irons, disposable plastic cuffs, leather restraints, and mobile restraint chair may be used;

2. That the superintendent or designee shall be notified immediately upon using restraints in an emergency situation;

3. That restraints shall never be applied as punishment;

4. That residents shall not be restrained to a fixed object or restrained in an unnatural position;

5. That each use of mechanical restraints, except when used to transport a resident, shall be recorded in the resident's case file or in a central log book; and

6. That the facility maintains a written record of routine and emergency distribution of restraint equipment.

B. If a JCC uses mechanical restraints, written procedure shall provide that (i) all staff who are authorized to use restraints shall receive department-approved training in their use, including procedures for checking the resident's circulation and checking for injuries; and (ii) only properly trained staff shall use restraints.

C. For the purpose of this section, mechanical restraint shall mean the use of an approved mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of an individual's body as a means to control his physical activities when the individual being restricted does not have the ability to remove the device.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1190 Monitoring residents placed in mechanical restraints

A. Written procedure shall provide that when a resident is placed in mechanical restraints staff shall:

1. Provide for the resident's reasonable comfort and ensure the resident's access to water, meals, and toilet; and

2. Make a direct personal check on the resident at least every 15 minutes and more often if the resident's behavior warrants.

B. When a resident is placed in mechanical restraints for more than two hours cumulatively in a 24-hour period, with the exception of use in routine transportation of residents, staff shall immediately consult with a mental health professional. This consultation shall be documented.

C. If the resident, after being placed in mechanical restraints, exhibits self-injurious behavior, (i) staff shall immediately consult with, and document that they have consulted with, a mental health professional and (ii) the resident shall be monitored in accordance with established protocols, including constant supervision, if appropriate. Any such protocols shall be in compliance with the procedures required by 6VAC35-71-1200 (restraints for medical and mental health purposes).

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1200 Restraints for medical and mental health purposes

Written procedure shall govern the use of restraints for medical and mental health purposes. Written procedure should identify the authorization needed; when, where, and how restraints may be used; for how long; and what type of restraint may be used.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part IX Private JCCs

6VAC35-71-1210 Private contracts for JCCs

A. Each privately operated JCC shall abide by the requirement of (i) the Juvenile Corrections Private Management Act (§ 66-25.3 et seq. of the Code of Virginia), (ii) its governing contract, (iii) this chapter, and (iv) applicable department procedures, including but not limited to procedures relating to case management, the use of physical restraint and mechanical restraints, confidentiality, visitation, community relationships, and media access.

B. Each privately operated JCC shall develop procedures, approved by the department, to facilitate the transfer of the operations of the facility to the department in the event of the termination of the contract.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1220 Privately operated JCCs

In addition to the other requirements of this chapter, privately operated JCCs shall house only residents who have been committed to the department and who have been properly transferred to the facility by the department, unless otherwise specified by contract with the department.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Part X Boot Camps

6VAC35-71-1230 Definition of boot camp

For the purpose of this chapter, a boot camp shall mean a short-term secure or nonsecure juvenile residential program that includes aspects of basic military training, such as drill and ceremony. Such programs utilize a form of military-style discipline whereby employees are authorized to respond to minor institutional offenses, at the moment they notice the institutional offenses being committed, by imposing immediate sanctions that may require the performance of some physical activity, such as pushups or some other sanction, as provided for in the program's written procedures.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1240 Staff physical and psychological qualifications

The boot camp shall include in the qualifications for staff positions a statement of:

1. The physical fitness level requirements for each staff position; and

2. Any psychological assessment or evaluation required prior to employment.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1250 Residents' physical qualifications

The boot camp shall have written procedures that govern:

1. Admission, including a required written statement from a physician that the resident meets the American Pediatric Society's guidelines to participate in contact sports and from a licensed mental health professional that the resident is an appropriate candidate for a boot camp program; and

2. Discharge should a resident be physically unable to keep up with the program.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1260 Residents' nonparticipation

The boot camp shall have written procedures approved by the department for dealing with residents who are not complying with boot camp program requirements.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-71-1270 Program description

The boot camp shall have a written program description that states:

1. How residents' physical training, work assignment, education and vocational training, and treatment program participation will be interrelated;

2. The length of the boot camp program and the kind and duration of treatment and supervision that will be provided upon the resident's release from the residential program;

3. Whether residents will be cycled through the program individually or in platoons; and

4. The program's incentives and sanctions, including whether military or correctional discipline will be used. If military style discipline is used, written procedures shall specify what summary punishments are permitted.

History

• Statutory Authority: §§ 16.1-309.9, 66-10, and 66-25.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Chapter 101 Regulation Governing Juvenile Secure Detention Centers

Part I General Provisions

6VAC35-101-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Annual" means within 13 months of the previous event or occurrence.

"Behavior management" means those principles and methods employed to help a resident achieve positive behavior and to address and correct a resident's inappropriate behavior in a constructive and safe manner in accordance with written procedures governing program expectations and resident and employee safety and security.

"Board" means the Board of Juvenile Justice.

"Case record" or "record" means written or electronic information relating to one resident and the resident's family, if applicable. This information includes, but is not limited to, social, medical, psychiatric, and psychological records; reports; demographic information; agreements; all correspondence relating to care of the resident; service plans with periodic revisions; aftercare plans and discharge summary; and any other information related to the resident.

"Contraband" means any item possessed by or accessible to a resident or found within a detention center or on its premises (i) that is prohibited by statute, regulation, or the facility's procedure, (ii) that is not acquired through approved channels or in prescribed amounts, or (iii) that may jeopardize the safety and security of the detention center or individual residents.

"Department" means the Department of Juvenile Justice.

"Detention center" or "secure juvenile detention center" means a local, regional, or state, publicly or privately operated secure custody facility that houses individuals who are ordered to be detained pursuant to the Code of Virginia. This term does not include juvenile correctional centers.

"Direct care staff" means the staff whose primary job responsibilities are (i) maintaining the safety, care, and well-being of residents, (ii) implementing the structured program of care and the behavior management program, and (iii) maintaining the security of the facility.

"Direct supervision" means the act of working with residents while not in the presence of direct care staff. Staff members who provide direct supervision are responsible for maintaining the safety, care, and well-being of the residents in addition to providing services or performing the primary responsibilities of that position.

"Director" means the Director of the Department of Juvenile Justice.

"Emergency" means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action such as a fire, chemical release, loss of utilities, natural disaster, taking of hostages, major disturbances, escape, and bomb threats. Emergency does not include regularly scheduled employee time off or other situations that could be reasonably anticipated.

"Facility administrator" means the individual who has the responsibility for the on-site management and operation of the detention center on a regular basis.

"Health care record" means the complete record of medical screening and examination information and ongoing records of medical and ancillary service delivery including, but not limited to, all findings, diagnoses, treatments, dispositions, and prescriptions and their administration.

"Health care services" means those actions, preventative and therapeutic, taken for the physical and mental well-being of a resident. Health care services include medical, dental, orthodontic, mental health, family planning, obstetrical, gynecological, health education, and other ancillary services.

"Health trained personnel" means an individual who is trained by a licensed health care provider to perform specific duties such as administering health care screenings, reviewing screening forms for necessary follow-up care, preparing residents and records for sick call, and assisting in the implementation of certain medical orders.

"Individual service plan" or "service plan" means a written plan of action developed, revised as necessary, and reviewed at intervals to meet the needs of a resident. The individual service plan specifies (i) measurable short-term and long-term goals; (ii) the objectives, strategies, and time frames for reaching the goals; and (iii) the individuals responsible for carrying out the plan.

"Living unit" means the space in a detention center in which a particular group of residents resides that contains sleeping areas, bath and toilet facilities, and a living room or its equivalent for use by the residents. Depending upon its design, a building may contain one living unit or several separate living units.

"On duty" means the period of time an employee is responsible for the direct supervision of one or more residents.

"Parent" or "legal guardian" means (i) a biological or adoptive parent who has legal custody of a resident, including either parent if custody is shared under a joint decree or agreement; (ii) a biological or adoptive parent with whom a resident regularly resides; (iii) a person judicially appointed as a legal guardian of a resident; or (iv) a person who exercises the rights and responsibilities of legal custody by delegation from a biological or adoptive parent, upon provisional adoption, or otherwise by operation of law.

"Postdispositional detention program" means a program in a detention center serving residents who are subject to a sentence or dispositional order for placement in the detention center for a period exceeding 30 days pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1.284.1 of the Code of Virginia.

"Premises" means the tracts of land on which any part of a detention center is located and any buildings on such tracts of land.

"Regulatory authority" means the board or the department as designated by the board.

"Resident" means an individual who is confined in a detention center.

"Rules of conduct" means a listing of a detention center's rules or regulations that is maintained to inform residents and others of the behavioral expectations of the behavior management program, about behaviors that are not permitted, and about the sanctions that may be applied when impermissible behaviors occur.

"Written" means the required information is communicated in writing. Such writing may be available in either hard copy or in electronic form.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-20 Applicability

Parts I (6VAC35-101-10 et seq.) though VIII (6VAC35-101-1070 et seq.) of this chapter apply to juvenile detention centers for both predispositional and postdispositional programs unless specifically excluded. Part IX (6VAC35-101-1160 et seq.) of this chapter only applies to detention centers operating postdispositional detention programs for residents sentenced for a period exceeding 30 days pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1.284.1 of the Code of Virginia.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-30 Previous regulations terminated

This chapter replaces the Standards for the Interim Regulation of Children's Residential Facilities (6VAC 35-51) and the Standards for Juvenile Residential Facilities (6VAC35-140) for the regulation of all detention centers as defined herein. The Standards for the Interim Regulation of Children's Residential Facilities and the Standards for Juvenile Residential Facilities remain in effect for juvenile correctional centers and group homes, regulated by the board, until such time as the board adopts new regulations related thereto.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-40 Certification

A. The detention center shall comply with the provisions of the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs (6VAC35-20). The detention center shall:

1. Demonstrate compliance with this chapter, other applicable regulations issued by the board, and applicable statutes and regulations;

2. Implement approved plans of action to correct findings of noncompliance; and

3. Ensure no noncompliances may pose any immediate and direct danger to residents.

B. Documentation necessary to demonstrate compliance with this chapter shall be maintained for a minimum of three years.

C. The current certificate shall be posted at all times in a place conspicuous to the public.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-45 Contracts between juvenile detention centers and separate entities

When a detention center enters into an agreement with a separate entity for the purpose of detaining a juvenile in the separate entity's custody, the agreement shall provide that the program housing the juvenile shall be subject to 6VAC35-20, Regulation Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs and Facilities.

1. For purposes of demonstrating compliance with this chapter, the agreement shall allow the department the same access to the detained juvenile and to the records and reports for the detained juvenile as is authorized currently under § 16.1-309.10 of the Code of Virginia and 6VAC35-20 for all other residents in the detention center.

2. Nothing in this section shall prevent the detention center and the separate entity from agreeing that services and treatment shall exceed the requirements of this chapter for those youth in the custody of the separate entity.

History

• Statutory Authority: §§ 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 35, Issue 23, eff. August 22, 2019.

6VAC35-101-50 Relationship to the regulatory authority

A. All reports and information as the regulatory authority may require to establish compliance with this chapter and other applicable regulations and statutes shall be submitted to or made available to the regulatory authority.

B. A written report of any contemplated changes in operation that would affect the terms of the certificate or the continuing eligibility for certification shall be submitted to the regulatory authority. A change may not be implemented prior to approval by the regulatory authority.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-60 Relationship with the department

A. The director or designee shall be notified within five working days of any significant change in administrative structure or newly hired facility administrator.

B. Any of the following that may be related to the health , safety, or human rights of residents shall be reported to the director or designee within 10 days: (i) lawsuits against the detention center or its governing authority and (ii) settlements with the detention center or its governing authority.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-70 Variances

A. Board action may be requested by the facility administrator to relieve a detention center from having to meet or develop a plan of action for the requirements of a specific section or subsection of this regulation, either permanently or for a determined period of time, as provided in the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs (6VAC35-20).

B. Any such variance may not be implemented prior to approval of the board.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-75 Operational procedures

The current program or operating procedure manual shall be readily accessible to all staff.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-80 Serious incident reports

A. The following events shall be reported, in accordance with department procedures, within 24 hours to (i) the applicable court service unit; (ii) either the parent or legal guardian, as appropriate and applicable; and (iii) the director or designee:

1. Any serious incident, accident, illness, or injury to the resident;

2. The death of a resident;

3. Any suspected case of child abuse or neglect at the detention center, on a detention center-sponsored event or excursion, or involving detention center staff as provided in 6VAC35-101-90 (suspected child abuse and neglect);

4. Any disaster, fire, emergency, or other condition that may jeopardize the health, safety, and welfare of residents; and

5. Any absence from the detention center without permission.

B. The detention center shall notify the director or designee within 24 hours of any events detailed in subsection A of this section and all other situations required by the regulatory authority of which the facility has been notified.

C. If an incident involving the death of a resident occurs at the facility, the facility shall notify the parents or legal guardians, as appropriate and applicable, of all residents in the facility provided such notice does not violate any confidentiality requirements or jeopardize any law-enforcement or child protective services investigation or the prosecution of any criminal cases related to the incident.

D. The facility shall (i) prepare and maintain a written report of the events listed in subsections A and B of this section and (ii) submit a copy of the written report to the director or designee. The report shall contain the following information:

1. The date and time the incident occurred;

2. A brief description of the incident;

3. The action taken as a result of the incident;

4. The name of the person who completed the report;

5. The name or identifying information of the person who made the report to the applicable court service unit and to either the parent or legal guardian, as appropriate and applicable; and

6. The name or identifying information of the person to whom the report was made, including any law-enforcement or child protective service personnel.

E. The resident's record shall contain a written reference (i) that an incident occurred and (ii) of all applicable reporting.

F. In addition to the requirements of this section, any serious incident involving an allegation of child abuse or neglect at the detention center, at a detention center sponsored event, or involving detention center staff shall be governed by 6VAC35-101-90 (suspected child abuse or neglect).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-90 Suspected child abuse or neglect

A. When there is reason to suspect that a resident is an abused or neglected child, the matter shall be reported immediately to the local department of social services as required by § 63.2-1509 of the Code of Virginia and in accordance with written procedures.

B. Written procedures shall be distributed to all staff members and shall at a minimum provide for:

1. Handling accusations against staff;

2. Reporting and documenting suspected cases of child abuse and neglect;

3. Cooperating during any investigation; and

4. Measures to be taken to ensure the safety of the residents and the staff.

C. Any case of suspected child abuse or neglect shall be reported and documented as required in 6VAC35-101-80 (serious incident reports). The resident's record shall contain a written reference that a report was made.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-95 Reporting criminal activity

A. Written procedures shall require staff to report all known criminal activity by residents or staff to the facility administrator, including but not limited to any physical abuse, sexual abuse, or sexual harassment and the offenses listed in §§ 53.1-203 (felonies by prisoners); 18.2-55 (bodily injuries caused by prisoners); 18.2-48.1 (abduction by prisoners); 18.2-64.1 (carnal knowledge of certain minors); 18.2-64.2 (carnal knowledge of an inmate, parolee, probationer, detainee, or pretrial or posttrial offender); and 18.2-477.1 (escapes from juvenile facility) of the Code of Virginia.

B. The facility administrator, in accordance with written procedures, shall notify the appropriate persons or agencies, including law enforcement, child protective services, and the department, if applicable and appropriate, of suspected criminal violations by residents or staff. Suspected criminal violations relating to the health and safety or human rights of residents shall be reported to the director or designee.

C. The detention center shall assist and cooperate with the investigation of any such complaints and allegations as necessary.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-100 Grievance procedure

A. Written procedure shall provide that residents are oriented to and have continuing access to a grievance procedure that provides for:

1. Resident participation in the grievance process with assistance from staff upon request;

2. Investigation of the grievance by an objective employee who is not the subject of the grievance;

3. Documented, timely responses to all grievances with the reasons for the decision;

4. At least one level of appeal;

5. Administrative review of grievances;

6. Protection from retaliation or threat of retaliation for filing a grievance; and

7. Hearing of an emergency grievance within eight hours.

B. Each resident shall be oriented to the grievance procedure in an age or developmentally appropriate manner.

C. The grievance procedure shall be (i) written in clear and simple language and (ii) posted in an area easily accessible to residents and their parents and legal guardians.

D. Staff shall assist and work cooperatively with other employees in facilitating the grievance process.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 1 General Provisions

6VAC35-101-110 Responsibilities of the governing authority

A. The detention center's governing body or authority (governing authority) shall be clearly identified.

B. The governing authority shall appoint a facility administrator to whom it delegates the authority and responsibility for the on-site administrative direction of the detention center.

C. A written decision-making plan shall be developed and implemented and shall provide for a staff person with the qualifications of a facility administrator to be designated to assume the temporary responsibility for the operation of the detention center. Each plan shall include an organizational chart.

D. Written procedures shall be developed and implemented to monitor and evaluate service quality and effectiveness on a systematic and on-going basis. Improvements shall be implemented when indicated.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-120 Insurance

A. Documentation of the following insurance coverage shall be maintained:

1. Liability insurance covering the premises and the detention center's operations, including all employees and volunteers, if applicable.

2. Insurance necessary to comply with Virginia's minimum insurance requirements for all vehicles used to transport residents, including vehicles owned by staff.

B. Staff who use personal vehicles for official business, including transporting residents, shall be informed of the requirements to provide and document insurance coverage for such purposes.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-130 Participation of residents in human research

A. Written procedures approved by its governing authority shall govern the review, approval, and monitoring of human research. Human research means any systematic investigation, involving a resident or a resident's parents, guardians, or family members as the subject of the research, which may expose the subject to physical or psychological injury and which departs from the application of established and accepted therapeutic methods appropriate to meet the individual's needs. Human research does not include statistical analysis of information readily available on the subject that does not contain any identifying information or research exempted by federal research regulations pursuant to 45 CFR 46.101(b).

B. Information on residents shall be maintained as provided in 6VAC35-101-330 (maintenance of residents' records) and all records and information related to the human research shall be kept confidential in accordance with applicable laws and regulations.

C. The procedures may require periodic progress reports of any research project and a formal final report of all completed research projects.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 2 Hiring

6VAC35-101-140 Job descriptions

A. There shall be a written job description for each position that, at a minimum, includes the:

1. Job title or position;

2. Duties and responsibilities of the incumbent;

3. Job title or identification of the immediate supervisor; and

4. Minimum education, experience, knowledge, skills, and abilities required for entry-level performance of the job.

B. A copy of the job description shall be given to each person assigned to a position prior to assuming that position's duties.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-150 Qualifications

A. Detention centers subject to (i) the rules and regulations of the governing authority or (ii) the rules and regulations of a local government personnel office shall develop written minimum entry-level qualifications in accordance with the rules and regulations of the supervising personnel authority. Detention centers not subject to rules and regulations of the governing authority or a local government personnel office shall follow the minimum entry-level qualifications of the Virginia Department of Human Resource Management.

B. When services or consultations are obtained on a contractual basis, they shall be provided by professionally qualified personnel.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-155 Employee tuberculosis screening and follow-up

A. On or before the employee's start date at the facility and at least annually thereafter each employee shall submit the results of a tuberculosis screening assessment that is no older than 30 days. The documentation shall indicate the screening results as to whether there is an absence of tuberculosis in a communicable form.

B. Employees shall undergo a subsequent tuberculosis screening or evaluation, as applicable, in the following circumstances:

1. The employee comes into contact with a known case of infectious tuberculosis; and

2. The employee develops chronic respiratory symptoms of three weeks' duration.

C. Employees suspected of having tuberculosis in a communicable form shall not be permitted to return to work or have contact with staff or residents until a physician has determined that the individual does not have tuberculosis in a communicable form.

D. Any active case of tuberculosis developed by an employee or a resident shall be reported to the local health department in accordance with the requirements of the Commonwealth of Virginia State Board of Health Regulations for Disease Reporting and Control (12VAC5-90).

E. Documentation of any screening results shall be retained in a manner that maintains the confidentiality of information.

F. The detection, diagnosis, prophylaxis, and treatment of pulmonary tuberculosis shall be performed in accordance with any current recommendations of the Virginia Department of Health's Division of Tuberculosis Prevention and Control and the federal Department of Health and Human Services Centers for Disease Control and Prevention.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-160 Physical examination

When the qualifications for a position require a given set of physical abilities, all persons selected for such positions shall be examined by a physician at the time of employment to ensure that they have the level of medical health or physical ability required to perform assigned duties. Persons hired into positions that require a given set of physical abilities may be reexamined annually in accordance with written procedures.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-170 Employee and volunteer background checks

A. Except as provided in subsection B of this section, all persons who (i) accept a position of employment at, (ii) volunteer on a regular basis and will be alone with a resident in the performance of their duties, or (iii) provide contractual services directly to a resident on a regular basis and will be alone with a resident in the performance of that person's duties shall undergo the following background checks in accordance with § 63.2-1726 of the Code of Virginia to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of residents:

1. A reference check;

2. A criminal history record check;

3. Fingerprint checks with the Virginia State Police and Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services; and

5. A driving record check if applicable to the individual's job duties.

B. To minimize vacancy time, when the fingerprint checks required by subdivision A 3 of this section have been requested, employees may be hired, pending the results of the fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results required by subdivision A 3 of this section; and

3. Employees hired under this exception shall not be allowed to be alone with residents and may work with residents only when under the direct supervision of staff whose background checks have been completed until such time as all the requirements of this section are completed.

C. Documentation of compliance with this section shall be retained in the individual's personnel record as provided in 6VAC35-101-310 (personnel records).

D. Written procedures shall provide for the supervision of nonemployee persons, who are not subject to the provisions of subsection A of this section who have contact with residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 3 Employee Orientation and Training

6VAC35-101-180 Required initial orientation

A. Initial orientation shall be provided to all full-time and part-time staff, relief staff, and contractors who provide services to residents on a regular basis, in accordance with each position's job description.

B. Before the expiration of the individual's seventh work day at the facility, each employee shall be provided with a basic orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the program;

4. The facility's organizational structure;

5. Security, population control, emergency preparedness, and evacuation procedures as provided for in 6VAC35-101-510 (emergency and evacuation procedures);

6. The practices of confidentiality;

7. The residents' rights;

8. The basic requirements of and competencies necessary to perform in his positions;

9. The facility's program philosophy and services;

10. The facility's behavior management program as provided for in 6VAC35-101-1070 (behavior management);

11. The facility's behavior intervention procedures and techniques, including the use of least restrictive interventions and physical restraint;

12. The residents' rules of conduct and responsibilities;

13. The residents' disciplinary process as provided for in 6VAC35-101-1080 (disciplinary process);

14. The residents' grievance procedures as provided for in 6VAC35-101-100 (grievance procedure);

15. Child abuse and neglect and mandatory reporting as provided for in 6VAC35-101-80 (serious incident reports) and 6VAC35-101-90 (suspected child abuse or neglect);

16. Standard precautions as provided for in 6VAC35-101-1010 (infectious or communicable diseases); and

17. Documentation requirements as applicable to the position's duties.

C. Volunteers shall be oriented in accordance with 6VAC35-101-300 (volunteer and intern orientation and training).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-190 Required initial training

A. Each full-time and part-time employee and relief staff shall complete initial, comprehensive training that is specific to the individual's occupational class, is based on the needs of the population served, and ensures that the individual has the competencies to perform the position's duties.

1. Direct care staff shall receive at least 40 hours of training, inclusive of all training required by this section, in their first year of employment.

2. Contractors shall receive training required to perform their position responsibilities in a detention center.

B. Within 30 days following the employee's start date at the facility or before the employee is responsible for the direct supervision of a resident, all direct care staff and staff who provide direct supervision of the residents shall complete training in the following areas:

1. Emergency preparedness and response as provided for in 6VAC35-101-510 (emergency and evacuation procedures);

2. The facility's behavior management program as provided for in 6VAC35-101-1070 (behavior management);

3. The residents' rules of conduct and the rationale for the rules;

4. The facility's behavior intervention procedures, with physical and mechanical restraint training required as applicable to their duties and as required by subsection D of this section;

5. Child abuse and neglect and mandatory reporting as provided for in 6VAC35-101-80 (serious incident reports) and 6VAC35-101-90 (suspected child abuse or neglect);

6. Maintaining appropriate professional boundaries and relationships;

7. Interaction among staff and residents;

8. Suicide prevention as provided for in 6VAC35-101-1020 (suicide prevention);

9. Residents' rights, including but not limited to prohibited actions provided for in 6VAC35-101-650 (prohibited actions);

10. Standard precautions as provided for in 6VAC35-101-1010 (infectious or communicable diseases); and

11. Procedures applicable to the employees' position and consistent with their work profiles.

C. Employees who are authorized by the facility administrator to restrain a resident, as provided for in 6VAC35-101-1090 (physical restraint) and 6VAC35-101-1130 (mechanical restraints), shall be trained in the facility's approved restraint techniques within 90 days of such authorization and prior to applying any restraint techniques.

D. Employees who administer medication shall, prior to such administration, as provided for in 6VAC35-101-1060 (medication), and in accordance with the provisions of § 54.1-3408 of the Code of Virginia, either (i) have successfully completed a medication training program approved by the Board of Nursing or (ii) be licensed by the Commonwealth of Virginia to administer medication.

E. When an individual is employed by contract to provide services for which licensure by a professional organization is required, documentation of current licensure shall constitute compliance with this section.

F. Volunteers and interns shall be trained in accordance with 6VAC35-101-300 (volunteer and intern orientation and training).

G. Employees who perform the duties required in 6VAC35-101-800 (admission and orientation) shall be trained in the requirements contained therein.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-200 Retraining

A. Each full-time and part-time employee and relief staff shall complete retraining that is specific to the individual's occupational class, the position's job description, and addresses any professional development needs.

B. All full-time and part-time employees and relief staff shall complete an annual training refresher on the facility's emergency preparedness and response plan and proceduresas provided for in 6VAC35-101-480 (emergency and evacuation procedures).

C. All direct care staff shall receive at least 40 hours of training annually that shall include training on the following:

1. Suicide preventionas provided for in 6VAC35-101-1020 (suicide prevention);

2. Standard precautions as provided for in 6VAC35-101-1010 (infectious or communicable diseases);

3. Maintaining appropriate professional relationships;

4. Interaction among staff and residents;

5. Residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-101-650 (prohibited actions);

6. Child abuse and neglectand mandatory reporting as provided for in 6VAC35-101-80 (serious incident reports) and 6VAC35-101-90 (suspected child abuse or neglect); and

7. Behavior intervention procedures.

D. All staff approved to apply physical restraints, as provided for in 6VAC35-101-1090 (physical restraint) shall be trained as needed to maintain the applicable current certification.

E. All staff approved to apply mechanical restraints shall be retrained annually as required by 6VAC35-101-1130 (mechanical restraints).

F. Employees who administer medication, as provided for in 6VAC35-101-1060 (medication), shall complete an annual refresher training.

G. When an individual is employed by contract to provide services for which licensure by a professional organization is required, documentation of current licensure shall constitute compliance with this section.

H. Staff who have not timely completed required retraining shall not be allowed to have direct care responsibilities pending completion of the retraining requirements.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 4 Personnel

6VAC35-101-210 Written personnel procedures

Written personnel procedures approved by the governing authority or facility administrator shall be developed, implemented, and readily accessible to each staff member.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-220 Code of ethics

A written code of ethics shall be available to all employees.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-230 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-240 Notification of change in driver's license status

Staff whose job responsibilities may involve transporting residents shall be required to (i) maintain a valid driver's license and (ii) report to the facility administrator or designee any change in their driver's license status including but not limited to suspensions, restrictions, and revocations.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-250 Political activity

Written procedures governing any campaigning, lobbying, and political activities by employees that are consistent with applicable statutes and state or local policies shall be developed and implemented. The procedure shall be made available to all employees.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-260 Physical or mental health of personnel

When an individual poses a direct threat to the health and safety of a resident, others at the facility, or the public or is unable to perform essential job-related functions, that individual shall be removed immediately from all duties involved in the direct care or direct supervision of residents. The facility may require a medical or mental health evaluation to determine the individual's fitness for duty prior to returning to duties involving the direct care or direct supervision of residents. The results of any medical information or documentation of any disability-related inquiries shall be maintained separately from the employee's personnel records maintained in accordance with 6VAC35-101-310 (personnel records). For the purpose of this section a direct threat means a significant risk of substantial harm.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 5 Volunteers

6VAC35-101-270 Definition of volunteers or interns

For the purpose of this chapter, volunteer or intern means any individual or group who of their own free will provides goods and services without competitive compensation.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-280 Selection and duties of volunteers and interns

A. Any detention center that uses volunteers or interns shall develop and implement written procedures governing their selection and use. Such procedures shall provide for the objective evaluation of persons and organizations in the community who wish to associate with the residents.

B. Volunteers and interns shall have qualifications appropriate for the services provided.

C. The responsibilities of interns and individuals who volunteer on a regular basis shall be clearly defined in writing.

D. Volunteers and interns shall neither be responsible for the duties of direct care staff nor for the direct supervision of the residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-290 Background checks for volunteers and interns

A. Any individual who (i) volunteers on a regular basis or is an intern and (ii) will be alone with a resident in the performance of that person's duties shall be subject to the background check requirements in 6VAC35-101-170 A (employee and volunteer background checks).

B. Documentation of compliance with the background check requirements shall be maintained for each intern and volunteer for whom a background check is required. Such records shall be kept in accordance with 6VAC35-101-310 (personnel records).

C. A detention center that uses volunteers or interns shall have procedures for supervising volunteers or interns, on whom background checks are not required or whose background checks have not been completed, who have contact with residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-300 Volunteer and intern orientation and training

A. Volunteers and interns shall be provided with a basic orientation on the following:

1. The facility;

2. The population served;

3. The basic objectives of the facility;

4. The facility's organizational structure;

5. Security, population control, emergency, emergency preparedness, and evacuation procedures;

6. The practices of confidentiality;

7. The residents' rights, including but not limited to the prohibited actions provided for in 6VAC35-101-650 (prohibited actions); and

8. The basic requirements of and competencies necessary to perform their duties and responsibilities.

B. Volunteers and interns shall be trained within 30 days from their start date at the facility in the following:

1. Any procedures that are applicable to their duties and responsibilities; and

2. Their duties and responsibilities in the event of a facility evacuation as provided for in 6VAC35-101-510 (emergency and evacuation procedures).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 6 Records

6VAC35-101-310 Personnel records

A. Separate up-to-date written or automated personnel records shall be maintained on each (i) employee and (ii) volunteer or intern on whom a background check is required.

B. The records of each employee shall include:

1. A completed employment application form or other written material providing the individual's name, address, phone number, and social security number or other unique identifier;

2. Educational background and employment history;

3. Documentation of required reference check;

4. Annual performance evaluations;

5. Date of employment for each position held and separation date;

6. Documentation of compliance with requirements of Virginia law regarding child protective services and criminal history background investigations;

7. Documentation of the verification of any educational requirements and of professional certification or licensure, if required by the position;

8. Documentation of all training required by this chapter and any other training received by individual staff; and

9. A current job description.

C. If applicable, health records, including reports of any required health examinations, shall be maintained separately from the other records required by this section.

D. Personnel records on contract service providers and volunteers and interns may be limited to the verification of the completion of any required background checks as required by 6VAC35-101-170 (employee and volunteer background checks).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-320 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-330 Maintenance of residents' records

A. A separate written or automated case record shall be maintained for each resident that shall include all correspondence and documents received by the detention center relating to the care of that resident and documentation of all case management services provided.

B. A separate health record shall be kept on each resident. The resident's active health records shall be kept in accordance with 6VAC35-101-1030 (residents' health care records), this section, and applicable laws and regulations.

C. Each case record and health record shall be kept (i) up to date, (ii) in a uniform manner, and (iii) confidential from unauthorized access. Case records shall be released in accordance with §§ 16.1-300 and 16.1-309.1 of the Code of Virginia and applicable state and federal laws and regulations.

D. Written procedures shall provide for the management of all records, written and automated, and shall describe confidentiality, accessibility, security, and retention of records pertaining to residents, including:

1. Access, duplication, dissemination, and acquisition of information only to persons legally authorized according to federal and state laws;

2. If automated records are utilized, the procedures shall address:

a. How records are protected from unauthorized access;

b. How records are protected from unauthorized Internet access;

c. How records are protected from loss;

d. How records are protected from unauthorized alteration; and

e. How records are backed up.

3. Security measures to protect records from (i) loss, unauthorized alteration, inadvertent or unauthorized access, or disclosure of information; and (ii) during transportation of records between service sites;

4. Designation of person responsible for records management; and

5. Disposition of records in the event the detention center ceases to operate.

E. The procedure shall specify what information is available to the resident.

F. Active and closed written records shall be kept in secure locations or compartments that are accessible to authorized staff and shall be protected from unauthorized access, fire, and flood.

G. All case records shall be retained as governed by The Library of Virginia.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-340 Face sheet

A. At the time of admission each resident's record shall include, at a minimum, a completed face sheet that contains the following:

1. The resident's full name, last known residence, birth date, birthplace, sex, race, unique numerical identifier, religious preference, and admission date; and

2. Names, addresses, and telephone numbers of the applicable court service unit, emergency contacts, and parents or legal guardians, as appropriate and applicable.

B. Information shall be updated when changes occur.

C. Upon discharge, the (i) date of discharge and (ii) name of the person to whom the resident was discharged, if applicable, shall be added to the face sheet.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-350 Buildings and inspections

A. All newly constructed buildings, major renovations to buildings, and temporary structures shall be inspected and approved by the local building official. Approval shall be documented by a certificate of occupancy.

B. A current copy of the facility's annual inspection by fire prevention authorities indicating that all buildings and equipment are maintained in accordance with the Virginia Statewide Fire Prevention Code (13VAC5-51) shall be maintained. If the fire prevention authorities have failed to timely inspect the detention center's buildings and equipment, documentation of the facility's request to schedule the annual inspection as well as documentation of any necessary follow-up with fire prevention authorities shall be maintained.

C. A current copy of the detention center's annual inspection and approval, in accordance with state and local inspection laws, regulations, and ordinances, of the systems listed below shall be maintained. These inspections shall be of the:

1. General sanitation;

2. Sewage disposal system;

3. Water supply; and

4. Food service operations.

D. Building plans and specifications for new construction, change in use of existing buildings, and any structural modifications or additions to existing buildings shall be submitted to and approved by the regulatory authority and by other appropriate regulatory agencies. Any planned construction, renovation, enlargement, or expansion of a detention center shall follow the submission and approval requirements of the Regulation Governing State Reimbursement of Local Juvenile Residential Facility Costs (6VAC35-30) and of any other applicable regulatory authorities.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-360 Equipment and systems inspections and maintenance

A. All safety, emergency, and communications equipment and systems shall be inspected, tested, and maintained by designated staff in accordance with the manufacturer's recommendations or instruction manuals or, absent such requirements, in accordance with a schedule that is approved by the facility administrator. Testing of such equipment and systems shall, at a minimum, be conducted quarterly.

B. Whenever safety, emergency, and communications equipment or a system is found to be defective, immediate steps shall be taken to rectify the situation and to repair, remove, or replace the defective equipment.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-370 Alternate power source

The facility shall have access to an alternate power source for use in an emergency.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-380 Heating and cooling systems and ventilation

A. Heat shall be distributed in all rooms occupied by the residents such that a temperature no less than 68°F is maintained, unless otherwise mandated by state or federal authorities.

B. Air conditioning or mechanical ventilating systems, such as electric fans, shall be provided in all rooms occupied by residents when the temperature in those rooms exceeds 80°F.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-390 Lighting

A. Sleeping and activity areas shall provide natural lighting.

B. All areas within buildings shall be lighted for safety and the lighting shall be sufficient for the activities being performed.

C. There shall be night lighting sufficient to observe residents.

D. Operable flashlights or battery powered lanterns shall be accessible to each direct care staff member on duty.

E. Outside entrances and parking areas shall be lighted.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-400 Plumbing and water supply; temperature

A. Plumbing shall be maintained in operational condition, as designed.

B. An adequate supply of hot and cold running water shall be available at all times.

C. Precautions shall be taken to prevent scalding from running water. Water temperatures should be maintained at 100°F to 120°F.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-410 Drinking water

A. In all detention centers constructed after January 1, 1998, all sleeping areas shall have fresh drinking water for the residents' use.

B. All activity areas shall have potable drinking water available for the residents' use.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-420 Toilet facilities

A. There shall be toilet facilities available for resident use in all sleeping rooms for each detention center constructed after January 1, 1998.

B. There shall be at least one toilet, one hand basin, and one shower or bathtub for every eight residents for detention centers constructed on or before December 27, 2007. There shall be one toilet, one hand basin, and one shower or tub for every four residents in any building constructed or structurally modified on or after December 28, 2007.

C. There shall be at least one bathtub in each facility.

D. The maximum number of staff members on duty in the living unit shall be counted in determining the required number of toilets and hand basins when a separate bathroom is not provided for staff.

History

• Statutory Authority: §§ 16.1-322.7 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014; amended, Virginia Register Volume 32, Issue 8, eff. January 30, 2016.

6VAC35-101-430 Sleeping areas

A. Males and females shall have separate sleeping rooms.

B. Beds shall be at least three feet apart at the head, foot, and sides; and double-decker beds shall be at least five feet apart at the head, foot, and sides.

C. Sleeping quarters established, constructed, or structurally modified after July 1, 1981, shall have:

1. At least 80 square feet of floor area in a bedroom accommodating one person;

2. At least 60 square feet of floor area per person in rooms accommodating two or more persons; and

3. Ceilings with a primary height at least 7-1/2 feet in heightexclusive of protrusions, duct work, or dormers.

D. Mattresses shall be fire retardant as evidenced by documentation from the manufacturer except in buildings equipped with an automated sprinkler system as required by the Virginia Uniform Statewide Building Code (13VAC5-63).

E. The environment of sleeping areas shall be, during sleeping hours, maintained in a manner that is conducive to sleep and rest.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-440 Furnishings

All furnishings and equipment shall be safe, clean, and suitable to the ages and number of residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-450 Disposal of garbage and management of hazardous materials

A. Provision shall be made for the collection and legal disposal of all garbage and waste materials.

B. All flammable, toxic, medical, and caustic materials within the facility shall be stored, used, and disposed of in appropriate receptacles and in accordance with federal, state, and local requirements.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-460 Smoking prohibition

Tobacco products, including cigarettes, cigars, pipes, and smokeless tobacco, such as chewing tobacco or snuff, shall not be used by staff or visitors in any areas of the facility or its premises where residents may see or smell the tobacco product.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-470 Space utilization

A. Each detention center shall provide for the following:

1. Indoor and outdoor recreation areas;

2. Kitchen facilities and equipment for the preparation and service of meals;

3. Space and equipment for laundry, if laundry is done at the detention center;

4. A designated visiting area that permits informal communication between residents and visitors, including opportunity for physical contact in accordance with written procedures;

5. Storage space for items such as first aid equipment, household supplies, recreational equipment, and other materials;

6. Space for administrative activities including, as appropriate to the program, confidential conversations and the storage of records and materials; and

7. A central medical room with medical examination facilities developed and equipped in consultation with the health authority.

B. If a school programs is operated at the facility, school classrooms shall be designed in consultation with appropriate education authorities to comply with applicable state and local requirements.

C. Spaces or areas may be interchangeably utilized but shall be in functional condition for the designated purposes .

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-480 Kitchen operation and safety

A. Meals shall be served in areas equipped with tables and benches or chairs that are size and age appropriate for the residents.

B. Written procedures shall govern access to all areas where food or utensils are stored and the inventory and control of all culinary equipment to which the residents reasonably may be expected to have access.

C. Walk-in refrigerators and freezers shall be equipped to permit emergency exits.

D. Bleach or another sanitizing agent approved by the federal Environmental Protection Agency to destroy bacteria shall be used in laundering table and kitchen linens.

E. Residents shall not be permitted to work in the detention center's food service.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-490 Maintenance of the buildings and grounds

A. The interior and exterior of all buildings and grounds shall be safe, maintained, and reasonably free of clutter and rubbish. This includes, but is not limited to, (i) required locks, mechanical devices, indoor and outdoor equipment, and furnishings and (ii) all areas where residents, staff, and visitors reasonably may be expected to have access.

B. All buildings shall be reasonably free of stale, musty, or foul odors.

C. Buildings shall be kept reasonably free of flies, roaches, rats, and other vermin.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-500 Animals on the premises

A. Animals maintained on the premises shall be housed at a reasonable distance from sleeping, living, eating, and food preparation areas, as well as a safe distance from water supplies.

B. Animals maintained on the premises shall be tested, inoculated, and licensed as required by law.

C. The premises shall be kept reasonably free of stray domestic animals.

D. Pets shall be provided with clean sleeping areas and adequate food and water.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-510 Emergency and evacuation procedures

A. A written emergency preparedness and response plan shall be developed. The plan shall address:

1. Documentation of contact with the local emergency coordinator to determine (i) local disaster risks; (ii) communitywide plans to address different disasters and emergency situations; and (iii) assistance, if any, that the local emergency management office will provide to the detention center in an emergency;

2. Analysis of the detention center's capabilities and potential hazards, including natural disasters, severe weather, fire, flooding, work place violence or terrorism, missing persons, severe injuries, or other emergencies that would disrupt the normal course of service delivery;

3. Written emergency management procedures outlining specific responsibilities for provision of administrative direction and management of response activities; coordination of logistics during the emergency; communications; life safety of employees, contractors, interns, volunteers, visitors, and residents; property protection; fire protection service; community outreach; and recovery and restoration;

4. Written emergency response procedures for assessing the situation; protecting residents, employees, contractors, interns, volunteers, and visitors; equipment and vital records; and restoring services. Emergency procedures shall address:

a. Communicating with employees, contractors, and community responders;

b. Warning and notification of residents;

c. Providing emergency access to secure areas and opening locked doors;

d. Conducting evacuations to emergency shelters or alternative sites and accounting for all residents;

e. Relocating residents, if necessary;

f. Notifying parents and legal guardians, as applicable and appropriate;

g. Alerting emergency personnel and sounding alarms;

h. Locating and shutting off utilities when necessary; and

i. Providing for a planned, personalized means of effective egress for residents who use wheelchairs, crutches, canes, or other mechanical devices for assistance in walking.

5. Supporting documents that would be needed in an emergency, including emergency call lists, building and site maps necessary to shut off utilities, designated escape routes, and list of major resources such as local emergency shelters; and

6. Schedule for testing the implementation of the plan and conducting emergency preparedness drills.

B. Emergency preparedness and response training shall be developed for all employees to ensure they are prepared to implement the emergency preparedness plan in the event of an emergency. Such training shall be conducted in accordance with 6VAC35-101-180 (required initial orientation) through 6VAC35-101-200 (retraining) and include the employees' responsibilities for:

1. Alerting emergency personnel and sounding alarms;

2. Implementing evacuation procedures, including evacuation of residents with special needs (i.e., deaf, blind, nonambulatory);

3. Using, maintaining, and operating emergency equipment;

4. Accessing emergency information for residents including medical information; and

5. Utilizing community support services.

C. Contractors and volunteers shall be oriented in their responsibilities in implementing the evacuation plan in the event of an emergency. Such orientation shall be in accordance with the requirements of 6VAC35-101-180 (required initial orientation) and 6VAC35-101-300 (volunteer and intern orientation and training).

D. The annual review of the emergency preparedness plan shall be documented, and revisions shall be made as deemed necessary. Such revisions shall be communicated to employees, contractors, interns, and volunteers and incorporated into training for employees, contractors, interns and volunteers, and orientation of residents to services.

E. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety, and welfare of residents, appropriate actions shall be taken to protect the health, safety, and welfare of the residents and to remedy the conditions as soon as possible.

F. In the event of a disaster, fire, emergency, or any other condition that may jeopardize the health, safety, and welfare of residents, the detention center first should respond and stabilize the disaster or emergency. After the disaster or emergency is stabilized, the disaster or emergency shall be reported to the legal guardian and the applicable court service unit and the conditions at the detention center and the disaster or emergency shall be reported to the director or designee as soon as possible, but no later than 24 hours after the incident occurs and in accordance with 6VAC35-101-80 (serious incident reports).

G. Floor plans showing primary and secondary means of emergency exiting shall be posted on each floor in locations where they can be seen easily by staff and residents.

H. The responsibilities of the residents in implementing the emergency and evacuation procedures shall be communicated to all residents within seven days following admission or a substantive change in the procedures.

I. At least one evacuation drill (the simulation of the detention center's emergency procedures) shall be conducted each month in each building occupied by residents. During any three consecutive calendar months, at least one evacuation drill shall be conducted during each shift.

J. Evacuation drills shall include, at a minimum:

1. Sounding of emergency alarms;

2. Practice in evacuating buildings;

3. Practice in alerting emergency authorities;

4. Simulated use of emergency equipment; and

5. Practice in accessing resident emergency information.

K. A record shall be maintained for each evacuation drill and shall include the following:

1. Buildings in which the drill was conducted;

2. Date and time of drill;

3. Amount of time to evacuate the buildings;

4. Specific problems encountered;

5. Staff tasks completed including:

a. Head count, and

b. Practice in notifying emergency authorities; and

6. The name of the staff members responsible for conducting and documenting the drill and preparing the record.

L. One staff member shall be assigned to ensure that all requirements regarding the emergency preparedness and response plan and the evacuation drill program are met.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-520 Control center

To maintain the internal security, a control center that is secured from residents' access shall be staffed 24 hours a day and shall integrate all external and internal security functions and communications networks.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-530 Control of perimeter

A. In accordance with a written plan, the detention center's perimeter shall be controlled by appropriate means to provide that residents remain within the perimeter and to prevent unauthorized access by the public.

B. Pedestrians and vehicles shall enter and leave at designated points in the perimeter.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-540 Escapes

Written procedure shall govern staff actions to be taken regarding escapes and any absence from the facility without permission. Any such procedure shall provide for the release of information consistent with the provisions of § 16.1-309.1 of the Code of Virginia.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-550 Contraband

Written procedure shall provide for the control, detection, and disposition of contraband. Such procedures shall govern searches of residents, as required by 6VAC35-101-560 (searches of residents), and other individuals, and searches of the premises and shall provide for respecting residents' rights.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-560 Searches of residents

A. Written procedures shall govern searches of residents, including patdown and frisk searches, strip searches, and body cavity searches, and shall include the following:

1. Searches of residents' persons shall be conducted only for the purposes of maintaining facility security and controlling contraband while protecting the dignity of the resident.

2. Searches are conducted only by personnel who are authorized to conduct such searches.

3. The resident shall not be touched any more than is necessary to conduct the search.

B. Patdown and frisk searches shall be conducted by employees of the same sex as the resident being searched, except in emergencies.

C. Strip searches and visual inspections of the vagina and anal cavity areas shall be subject to the following:

1. The search shall be performed by personnel of the same sex as the resident being searched;

2. The search shall be conducted in an area that ensures privacy; and

3. Any witness to the search shall be of the same sex as the resident.

D. Manual and instrumental searches of the anal cavity or vagina, not including medical examinations or procedures conducted by medical personnel for medical purposes, shall be:

1. Performed only with the written authorization of the facility administrator or by a court order;

2. Conducted by a qualified medical professional;

3. Witnessed by personnel of the same sex as the resident; and

4. Fully documented in the resident's medical file.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-570 Communications systems

A. There shall be a means for communicating between the control center and living areas.

B. The detention center shall be able to provide communications in an emergency.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-580 Telephone access and emergency numbers

A. There shall be at least one continuously operable, nonpay telephone accessible to staff in each building in which residents sleep or participate in programs.

B. There shall be an emergency telephone number where a staff person may be immediately contacted 24 hours a day.

C. An emergency telephone number shall be provided to residents and the adults responsible for their care when a resident is away from the facility and not under the supervision of direct care staff or law-enforcement officials.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-590 Keys

A. The detention center shall have a written key control plan to keep keys secure at all times.

B. Fire and emergency keys shall be instantly identifiable by sight and touch.

C. There shall be different master keys for the interior security and outer areas.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-600 Weapons

Written procedures shall be developed and implemented to govern the possession and use of firearms, pellet guns, air guns, and other weapons on the detention center's premises. The procedure shall provide that no firearms, pellet guns, air guns, or other weapons shall be permitted on the premises unless the weapons are:

1. In the possession of and use by authorized law-enforcement personnel admitted to facilities in response to emergencies; or

2. Stored in secure weapons lockers outside the secure perimeter of the facility by law-enforcement personnel conducting official business at the facility.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-610 Area and equipment restrictions

Written procedure shall govern the inventory and control of all security, maintenance, recreational, and medical equipment of the detention center to which residents reasonably may be expected to have access.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-620 Power equipment

Written safety rules shall be developed and implemented for the use and maintenance of power equipment.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-630 Transportation

A. Each detention center shall have transportation available or make the necessary arrangements for routine and emergency transportation.

B. There shall be written safety rules for transportation of residents and for the use of vehicles.

C. Written procedure shall provide for the verification of appropriate licensure for staff whose duties involve transporting residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-640 Transportation of residents; transfer to department

A. Residents shall be transported in accordance with Guidelines for Transporting Juveniles in Detention issued by the board in accordance with § 16.1-254 of the Code of Virginia.

B. When a resident is transported to the department from a detention center, all information pertaining to the resident's medical, educational, behavioral, and family circumstances during the resident's stay in detention shall be sent either in a written document or electronically to the department (i) with the resident, if the detention center is given at least 24 hours notice; or (ii) within 24 hours after the resident is transported, if such notice is not given.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-650 Prohibited actions

A. The following actions are prohibited:

1. Discrimination in violation of the Constitution of the United States, the Constitution of the Commonwealth of Virginia, and state and federal statutes and regulations;

2. Deprivation of drinking water or food necessary to meet a resident's daily nutritional needs, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

3. Denial of contacts and visits with the resident's attorney, a probation officer, the regulatory authority, a supervising agency representative, or representatives of other agencies or groups as required by applicable statutes or regulations;

4. Any action that is humiliating, degrading, or abusive, including but not limited to any form of physical abuse, sexual abuse, or sexual harassment;

5. Corporal punishment, which is administered through the intentional inflicting of pain or discomfort to the body through actions such as, but not limited to (i) striking or hitting with any part of the body or with an implement; (ii) pinching, pulling, or shaking; or (iii) any similar action that normally inflicts pain or discomfort;

6. Subjection to unsanitary living conditions;

7. Deprivation of opportunities for bathing or access to toilet facilities, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

8. Denial of health care;

9. Denial of appropriate services and treatment;

10. Application of aversive stimuli, except as permitted pursuant to other applicable state regulations; aversive stimuli means any physical forces (e.g., sound, electricity, heat, cold, light, water, or noise) or substances (e.g., hot pepper, pepper sauce, or pepper spray) measurable in duration and intensity that when applied to a resident are noxious or painful to the individual;

11. Administration of laxatives, enemas, or emetics, except as ordered by a licensed physician or poison control center for a legitimate medical purpose and documented in the resident's record;

12. Deprivation of opportunities for sleep or rest, except as ordered by a licensed physician for a legitimate medical purpose and documented in the resident's record;

13. Use of pharmacological restraints; and

14. Other constitutionally prohibited actions.

B. Employees shall be trained on the prohibited actions as provided in 6VAC35-101-190 (required initial training) and 6VAC35-101-200 (retraining); volunteers and interns shall be trained as provided in 6VAC35-101-300 (volunteer and intern orientation and training); and residents shall be oriented as provided in 6VAC35-101-800 (admission and orientation).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-655 Vulnerable populations.

A. The facility shall implement a procedure for assessing whether a resident is a member of a vulnerable population.

B. If the assessment determines a resident is a vulnerable population, the facility shall implement any identified additional precautions such as heightened need for supervision, additional safety precautions, or separation from certain other residents. The facility shall consider on a case-by-case basis whether a placement would ensure the resident's health and safety and whether the placement would present management or security problems.

C. For the purposes of this section, vulnerable population means a resident or group of residents who have been assessed to be reasonably likely to be exposed to the possibility of being attacked or harmed, either physically or emotionally (e.g., very young residents; residents who are small in stature; residents who have limited English proficiency; residents who are gay, lesbian, bi-sexual, transgender, or intersex; residents with a history of being bullied or of self-injurious behavior).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-660 Residents' mail

A. A resident's incoming or outgoing mail may be delayed or withheld only in accordance with this section, as permitted by other applicable regulations, or by order of a court.

B. Staff may open and inspect residents' incoming and outgoing nonlegal mail for contraband. When based on legitimate interests of the facility's order and security, nonlegal mail may be read, censored, or rejected in accordance with written procedures. The resident shall be notified when incoming or outgoing letters are withheld in part or in full.

C. In the presence of the recipient and in accordance with written procedures, staff may open to inspect for contraband, but shall not read, legal mail. Legal mail shall mean any written material that is sent to or received from a designated class of correspondents, as defined in procedures, which shall include any court, legal counsel, or administrators of the grievance system, the governing authority, the department, or the regulatory authority.

D. Staff shall not read mail addressed to parents, immediate family members, legal guardians, guardian ad litems, counsel, courts, officials of the committing authority, public officials, or grievance administrators unless permission has been obtained from a court or the facility administrator or his designee has determined that there is reasonable belief that the security of the facility is threatened. When so authorized, staff may read such mail in accordance with written procedures.

E. Except as otherwise provided, incoming and outgoing letters shall be held for no more than 24 hours and packages for no more than 48 hours, excluding weekends and holidays.

F. If requested by the resident, postage and writing materials shall be provided for outgoing legal correspondence and at least two other letters per week.

G. First-class letters and packages received for residents who have been transferred or released shall be forwarded.

H. Written procedure governing correspondence of residents shall be made available to all staff and residents and shall be reviewed annually and updated as needed.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-670 Telephone calls

Telephone calls shall be permitted in accordance with procedures that take into account the need for security and order, resident behavior, and program objectives.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-680 Visitation

A. A resident's contacts and visits with family or legal guardians shall not be subject to unreasonable limitations, and any limitation shall be implemented only as permitted by written procedures, other applicable regulations, or by order of a court.

B. Residents shall be permitted reasonable visiting privileges, consistent with written procedures, that take into account (i) the need for security and order, (ii) the behavior of the residents and visitors, (iii) the importance of helping the resident maintain strong family and community ties, and (iv) whenever possible, flexible visiting hours.

C. Visitation procedures shall be provided upon request to the parent or legal guardian, as appropriate and applicable, and the residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-690 Contact with attorneys, courts, and law enforcement

A. Residents shall have uncensored, confidential contact with their legal representative in writing, as required by 6VAC35-101-660 (residents' mail), by telephone, or in person. Reasonable limits may be placed on such contacts as necessary to protect the security and order of the facility. For the purpose of this section a legal representative is defined as (i) a court appointed or retained attorney or a paralegal, investigator, or other representative from that attorney's office or (ii) an attorney visiting for the purpose of a consultation if requested by the resident.

B. Residents shall not be denied access to the courts.

C. Residents shall not be required to submit to questioning by law enforcement, although they may do so voluntarily.

1. Residents' consent shall be obtained prior to any contact with law enforcement.

2. No employee may coerce a resident's decision to consent to have contact with law enforcement.

3. Each facility shall have procedures for establishing a resident's consent to any such contact and for documenting the resident's decision. The procedures may provide for (i) notification of the parent or legal guardian, as appropriate and applicable, prior to the commencement of questioning; and (ii) opportunity, at the resident's request, to confer with an attorney, parent or legal guardian, or other person in making the decision whether to consent to questioning.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-700 Personal necessities

A. At admission, each resident shall be provided the following:

1. An adequate supply of personal necessities for hygiene and grooming;

2. Size appropriate clothing and shoes for indoor and outdoor wear;

3. A separate bed equipped with a mattress, a pillow, blankets, bed linens, and, if needed, a waterproof mattress cover; and

4. Individual washcloths and towels.

B. At the time of issuance, all items shall be clean and in good repair.

C. Personal necessities shall be replenished as needed.

D. The washcloths, towels, and bed linens shall be cleaned or changed, at a minimum, once every seven days and more often, if needed. Bleach or another sanitizing agent approved by the federal Environmental Protection Agency to destroy bacteria shall be used in the laundering of such linens and table linens.

E. After issuance, blankets shall be cleaned or changed as needed.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-710 Showers

Residents shall have the opportunity to shower daily.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-720 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-730 Residents' privacy

Residents shall be provided privacy from routine sight supervision by staff members of the opposite sex while bathing, dressing, or conducting toileting activities, except when constant supervision is necessary to protect the resident due to mental health issues involving self-injurious behaviors or suicidal ideations or attempts. This section does not apply to medical personnel performing medical procedures or to staff providing assistance to residents whose physical or mental disabilities dictate the need for assistance with these activities as justified in the resident's record.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-740 Nutrition

A. Each resident, except as provided in subsection B of this section, shall be provided a daily diet that (i) consists of at least three nutritionally balanced meals and an evening snack, (ii) includes an adequate variety and quantity of food for the age of the resident, and (iii) meets minimum applicable federal nutritional requirements.

B. Special diets or alternative dietary schedules, as applicable, shall be provided (i) when prescribed by a physician or (ii) when necessary to observe the established religious dietary practices of the resident. In such circumstances, the meals shall meet the minimum applicable federal nutritional requirements.

C. Menus of actual meals served shall be kept on file for at least six months.

D. Staff who eat in the presence of the residents shall be served the same meals as the residents unless a special diet has been prescribed by a physician for the staff or residents or the staff or residents are observing established religious dietary practices.

E. There shall not be more than 15 hours between the evening meal and breakfast the following day, except when the facility administrator approves an extension of time between meals on weekends and holidays. When an extension is granted on a weekend or holiday, there shall never be more than 17 hours between the evening meal and breakfast.

F. Food shall be made available to residents who for documented medical or religious reasons need to eat breakfast before the 15 hours have expired.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-750 Reading materials

A. Reading materials that are appropriate to residents' ages and levels of competency shall be available to all residents.

B. Written procedure shall be developed and implemented governing resident access to publications.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-760 Religion

A. Residents shall not be required or coerced to participate in or unreasonably denied participation in religious activities.

B. Procedures on religious participation shall be available to residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-770 Recreation

A. The detention center shall have a written description of its recreation program that describes activities that are consistent with the detention center's total program and with the ages, developmental levels, interests, and needs of the residents that includes:

1. Opportunities for individual and group activities;

2. Opportunity for large muscle exercise daily;

3. Scheduling so that activities do not conflict with meals, religious services, educational programs, or other regular events;

4. Provision of a variety of equipment for each indoor and outdoor recreation period; and

5. Regularly scheduled indoor and outdoor recreational activities. Outdoor recreation will be available whenever practicable in accordance with the facility's recreation program. Staff shall document any adverse weather conditions, threat to facility security, or other circumstances preventing outdoor recreation.

B. The recreational program shall (i) address the means by which residents will be medically assessed for any physical limitations or necessary restrictions on physical activities and (ii) provide for the supervision of and safeguards for residents, including when participating in water-related and swimming activities.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-780 Residents' funds

A. The facility shall develop and implement written procedures for safekeeping and for recordkeeping of any money that belongs to residents.

B. Residents' funds shall be used only (i) for their benefit; (ii) for payment of any fines, restitution, costs, or support ordered by a court; or (iii) to pay restitution for damaged property or personal injury as determined by the disciplinary process.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-790 Fundraising

Residents shall not be used in fundraising activities without the written permission of the legal guardian and the consent of residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 1 Admission, Transfer, and Release

6VAC35-101-800 Admission and orientation

A. Written procedure governing the admission and orientation of residents shall provide for:

1. Verification of legal authority for placement;

2. Search of the resident and the resident's possessions, including inventory and storage or disposition of property, as appropriate and required by 6VAC35-101-800 (admission and orientation) and 6VAC35-101-810 (residents' personal possessions);

3. Health screening as required by 6VAC35-101-980 (health screening at admission);

4. Mental health screening as required by 6VAC35-101-820 (mental health screening);

5. Notification of parent or legal guardian of admission, which shall include an inquiry regarding whether the resident has any immediate medical concerns or conditions;

6. Provision to the parent or legal guardian of information on (i) visitation, (ii) how to request information, and (iii) how to register concerns and complaints with the facility;

7. Interview with resident to answer questions and obtain information; and

8. Explanation to resident of program services and schedules.

B. The resident shall receive an orientation to the following:

1. The behavior management program as required by 6VAC35-101-1070 (behavior management);

a. During the orientation, residents shall be given written information describing rules of conduct, the sanctions for rule violations, and the disciplinary process. These shall be explained to the resident and documented by the dated signature of resident and staff.

b. Where a language or literacy problem exists that can lead to a resident misunderstanding the rules of conduct and related regulations, staff or a qualified person under the supervision of staff shall assist the resident.

2. The grievance procedure as required by 6VAC35-101-100 (grievance procedure);

3. The disciplinary process as required by 6VAC35-101-1080 (disciplinary process);

4. The resident's responsibilities in implementing the emergency procedures as required by 6VAC35-101-510 (emergency and evacuation procedures); and

5. The resident's rights, including but not limited to the prohibited actions provided for in 6VAC35-101-650 (prohibited actions).

C. Such orientation shall occur prior to assignment of the resident to a housing unit or room.

D. Staff performing admission and orientation requirements contained in this section shall be trained prior to performing such duties.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-810 Residents' personal possessions

A. Residents' personal possessions shall be inventoried upon admission and such inventory shall be documented in the resident's case record. When a resident arrives at a facility with items not permitted in the detention center, staff shall:

1. Dispose of contraband items in accordance with written procedures; and

2. If the items are nonperishable property that the resident may otherwise legally possess, securely store the property and return it to the resident upon release.

B. Each detention center shall implement a written procedure regarding the disposition of personal property unclaimed by residents after release from the facility.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-820 Mental health screening

A. Each resident shall undergo a mental health screening, as required by § 16.1-248.2 of the Code of Virginia, administered by trained staff, to ascertain the resident's suicide risk level and need for a mental health assessment. Such screening shall include the following:

1. A preliminary mental health screening, at the time of admission, consisting of a structured interview and observation as provided in facility procedures; and

2. The administration of an objective mental health screening instrument within 48 hours of admission.

B. If the mental health screening indicates that a mental health assessment is needed, it shall take place within 24 hours of such determination as required in § 16.1-248.2 of the Code of Virginia.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-830 Classification plan

Residents shall be assigned to sleeping rooms and living units according to a written plan that takes into consideration detention center design, staffing levels, and the behavior and characteristics of individual residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-840 Discharge

A. Residents shall be released only in accordance with written procedure.

B. Each resident's record shall contain a copy of the documentation authorizing the resident's discharge.

C. Residents shall be discharged only to the legal guardian or legally authorized representative.

D. As applicable and appropriate, information concerning current medications shall be provided to the legal guardian or legally authorized representative.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 2 Programs and Services

6VAC35-101-850 [Reserved]

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-860 Structured programming

A. Each facility shall implement a comprehensive, planned, and structured daily routine, including appropriate supervision, designed to:

1. Meet the residents' physical, emotional, and educational needs;

2. Provide protection, guidance, and supervision;

3. Ensure the delivery of program services; and

4. Meet the objectives of any individual service plan.

B. The structured daily routine shall be followed for all weekday and weekend programs and activities. Deviations from the schedule shall be documented.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-870 Written communication between staff; daily log

A. Procedures shall be implemented providing for the written means of communication between staff, such as the use of daily logs. This means of communication shall be maintained to inform staff of significant happenings or problems experienced by residents, such as any resident medical or dental complaints or injuries.

B. The date and time of the entry and the identity of the individual making each entry shall be recorded.

C. If the means of communication between staff is electronic, all entries shall post the date, time, and name of the person making an entry. The computer shall prevent previous entries from being overwritten.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 3 Supervision

6VAC35-101-880 Additional assignments of direct care staff

A. Direct care staff and staff responsible for the direct supervision of residents may assume the duties of nondirect care personnel only when these duties do not interfere with their direct care or direct supervision responsibilities.

B. Residents shall not be solely responsible for support functions, including but not necessarily limited to, food service, maintenance of building and grounds, and housekeeping.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-890 Staff supervision of residents

A. Staff shall provide 24-hour awake supervision seven days a week.

B. No member of the direct care staff shall be on duty and responsible for the direct care of residents for more than six consecutive days without a rest day, except in an emergency. For the purpose of this section, rest day shall mean a period of not less than 24 consecutive hours during which a staff person has no responsibility to perform duties related to the operation of a detention center. Such duties shall include participation in any training that is required by (i) this chapter, (ii) the employee's job duties, or (iii) the employee's supervisor .

C. Direct care staff shall have an average of at least two rest days per week in any four-week period.

D. Direct care staff shall not be on duty more than 16 consecutive hours except in an emergency.

E. When both males and females are housed in the same living unit at least one male and one female staff member shall be actively supervising at all times.

F. Staff shall always be in plain view of another staff person when entering an area occupied by residents of the opposite sex.

G. Staff shall regulate the movement of residents within the detention center in accordance with written procedures.

H. Written procedures shall be implemented governing the transportation of residents outside the detention center and from one jurisdiction to another.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-900 Staffing pattern

A. During the hours that residents are scheduled to be awake, there shall be at least one direct care staff member awake, on duty, and responsible for supervision of every 10 residents, or portion thereof, on the premises or participating in off-campus, detention center sponsored activities.

B. During the hours that residents are scheduled to sleep there shall be no less than one direct care staff member on duty and responsible for supervision of every 16 residents, or portion thereof, on the premises.

C. There shall be at least one direct care staff member on duty and responsible for the supervision of residents in each building where residents are sleeping.

D. At all times, there shall be no less than one direct care staff member with current certifications in standard first aid and cardiopulmonary resuscitation on duty for every 16 residents, or portion thereof, being supervised by staff.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-910 Outside personnel working in the detention center

A. Detention center staff shall monitor all situations in which outside personnel perform any kind of work in the immediate presence of residents in the detention center.

B. Adult inmates shall not work in the immediate presence of any resident and shall be monitored in a way that there shall be no direct contact between or interaction among adult inmates and residents.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Article 4 Work Programs

6VAC35-101-920 Work and employment

A. Assignment of chores, that are paid or unpaid work assignments, shall be in accordance with the age, health, ability, and service plan of the resident.

B. Chores shall not interfere with school programs, study periods, meals, or sleep.

C. In both work assignments and employment the facility administrator or designee shall evaluate the appropriateness of the work and the fairness of the pay.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-930 Health authority

The facility administrator shall designate a physician, nurse, nurse practitioner, government authority, health administrator, health care contractor, or health agency to serve as the facility's health authority responsible for organizing, planning, and monitoring the timely provision of appropriate health care services, including arrangements for all levels of health care and the ensuring of quality and accessibility of all health services, consistent with applicable statutes and regulations, prevailing community standards, and medical ethics.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-940 Provision of health care services

Treatment by nursing personnel shall be performed pursuant to the laws and regulations governing the practice of nursing within the Commonwealth. Other health trained personnel shall provide care within their level of training and certification.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-950 Health care procedures

A. Written procedures shall be developed and implemented for:

1. Providing or arranging for the provision of medical and dental services for health problems identified at admission;

2. Providing or arranging for the provision of on-going and follow-up medical and dental services after admission;

3. Providing or arranging for the provision of dental services for residents who present with acute dental concerns;

4. Providing emergency services for each resident as provided by statute or by the agreement with the resident's legal guardian;

5. Providing emergency services for any resident experiencing or showing signs of suicidal or homicidal thoughts, symptoms of mood or thought disorders, or other mental health problems; and

6. Ensuring that the required information in subsection B of this section is accessible and up to date.

B. The following written information concerning each resident shall be readily accessible to staff who may have to respond to a medical or dental emergency:

1. Name, address, and telephone number of the physician and dentist to be notified;

2. Name, address, and telephone number of a relative or other person to be notified; and

3. Information concerning:

a. Use of medication;

b. All allergies, including medication allergies;

c. Substance abuse and use; and

d. Significant past and present medical problems.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-960 Health trained personnel

A. Health trained personnel shall provide care as appropriate to their level of training and certification and shall not administer health care services for which they are not qualified or specifically trained.

B. The facility shall retain documentation of the training received by health trained personnel necessary to perform any designated health care services. Documentation of applicable, current licensure or certification shall constitute compliance with this section.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-970 Consent to and refusal of health care services

A. Health care services, as defined in 6VAC35-101-10 (definitions), shall be provided in accordance with § 54.1-2969 of the Code of Virginia. The knowing and voluntary agreement, without undue inducement or any element of force, fraud, deceit, duress, or other form of constraint or coercion, of a person who is capable of exercising free choice (informed consent) to health care shall be obtained from the resident or parent or legal custodian, as required by law.

B. The resident and parent or legal guardian, as appropriate and applicable, shall be advised by an appropriately trained medical professional of (i) the material facts regarding the nature, consequences, and risks of the proposed treatment, examination, or procedure and (ii) the alternatives to it.

C. Residents may refuse in writing medical treatment and care. Facilities shall have written procedures for:

1. Explaining the implications of refusals; and

2. Documenting the reason for the refusal.

This subsection does not apply to medication refusals that are governed by 6VAC35-101-1060 (medication).

D. When health care is rendered against the resident's will, it shall be in accordance with applicable laws and regulations.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-980 Health screening at admission

A. To prevent newly arrived residents who pose a health or safety threat to themselves or others from being admitted to the general population, all residents shall immediately upon admission undergo a preliminary health screening consisting of a structured interview and observation by health care personnel or health trained personnel, as defined in 6VAC35-101-10 (definitions), as approved by the health authority.

B. Residents admitted who pose a health or safety threat to themselves or others shall be separated from the detention center's general population but provision shall be made for them to receive comparable services.

C. Immediate health care is provided to residents who need it.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-990 Tuberculosis screening

A. Within five days of admission to the facility each resident shall have had a screening assessment for tuberculosis. The screening assessment can be no older than 30 days.

B. A screening assessment for tuberculosis shall be completed annually on each resident.

C. The facility's screening practices shall be performed in a manner consistent with any current recommendations of the Virginia Department of Health, Division of Tuberculosis Prevention and Control and the federal Department of Health and Human Services Centers for Disease Control and Prevention for the detection, diagnosis, prophylaxis, and treatment of pulmonary tuberculosis.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1000 Residents' medical examination; responsibility for preexisting conditions

A. Within five days of admission, all residents who are not directly transferred from another detention center shall be medically examined by a physician or a qualified health care practitioner operating under the supervision of a physician to determine if the resident requires medical attention or poses a threat to the health of staff or other residents. A full medical examination is not required if there is documented evidence of a complete health examination within the previous 90 days; in such cases, a physician or qualified health care practitioner shall review the resident's health record and update as necessary.

B. A detention center shall not accept financial responsibility for preexisting medical, dental, psychological, or psychiatric conditions, except on an emergency basis.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1010 Infectious or communicable diseases

A. A resident with a communicable disease shall not be housed in the general population unless a licensed physician certifies that:

1. The facility is capable of providing care to the resident without jeopardizing residents and staff; and

2. The facility is aware of the required treatment for the resident and the procedures to protect residents and staff.

B. The facility shall implement written procedures approved by a medical professional that:

1. Address staff (i) interactions with residents with infectious, communicable, or contagious medical conditions; and (ii) use of standard precautions;

2. Require staff training in standard precautions, initially and annually thereafter; and

3. Require staff to follow procedures for dealing with residents who have infectious or communicable diseases.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1020 Suicide prevention

Written procedure shall provide for (i) a suicide prevention and intervention program developed in consultation with a qualified medical or mental health professional and (ii) all direct care staff to be trained and retrained in the implementation of the program.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1030 Residents' health care records

A. Each resident's health record shall include written documentation of (i) the initial physical examination, (ii) an annual physical examination by or under the direction of a licensed physician including any recommendation for follow-up care, and (iii) documentation of the provision of follow-up medical care recommended by the physician or as indicated by the needs of the resident.

B. Each physical examination report shall include:

1. Information necessary to determine the health and immunization needs of the resident, including:

a. Immunizations administered at the time of the exam;

b. Vision exam;

c. Hearing exam;

d. General physical condition, including documentation of apparent freedom from communicable disease, including tuberculosis;

e. Allergies, chronic conditions, and handicaps, if any;

f. Nutritional requirements, including special diets, if any;

g. Restrictions on physical activities, if any; and

h. Recommendations for further treatment, immunizations, and other examinations indicated.

2. Date of the physical examination; and

3. Signature of a licensed physician, the physician's designee, or an official of a local health department.

C. Each resident's health record shall include:

1. Notations of health and dental complaints and injuries and a summary of the residents symptoms and the treatment given; and

2. A copy of the information required in subsection B of 6VAC35-101-950 (health care procedures).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1040 First aid kits

A. A well-stocked first aid kit shall be maintained, with and in accordance with an inventory of contents, and readily accessible for dealing with minor injuries and medical emergencies.

B. First aid kits should be monitored in accordance with established facility procedures to ensure kits are maintained, stocked, and ready for use.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1050 Hospitalization and other outside medical treatment of residents

A. When a resident needs hospital care or other medical treatment outside the detention center:

1. The resident shall be transported safely; and

2. A staff member or a law-enforcement officer, as appropriate, shall accompany the resident until appropriate security arrangements are made. This subdivision shall not apply to the transfer of residents under The Psychiatric Inpatient Treatment of Minors Act (§ 16.1-355 et seq. of the Code of Virginia).

B. In accordance with applicable laws and regulations, the parent or legal guardian, as appropriate and applicable, shall be informed that the resident was taken outside the facility for medical attention as soon as is practicable.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1060 Medication

A. All medication shall be properly labeled consistent with the requirements of the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia). Medication prescribed for individual use shall be so labeled.

B. All medication shall be securely locked, except (i) as required by 6VAC35-101-1250 (delivery of medication in postdispositional programs) or (ii) if otherwise ordered by a physician on an individual basis for keep-on-person or equivalent use.

C. All staff responsible for medication administration who do not hold a license issued by the Virginia Department of Health Professions authorizing the administration of medications shall, in accordance with the provisions of § 54.1-3408 of the Code of Virginia, either (i) have successfully completed a medication training program approved by the Board of Nursing or (ii) be licensed by the Commonwealth of Virginia to administer medications before they can administer medication as stated in 6VAC35-101-190 (required initial training). Such staff members shall undergo an annual refresher training as stated in 6VAC35-101-200 (retraining).

D. Staff authorized to administer medication shall be informed of any known side effects of the medication and the symptoms of the effects.

E. A program of medication, including procedures regarding the use of over-the-counter medication pursuant to written or verbal orders issued by personnel authorized by law to give such orders, shall be initiated for a resident only when prescribed in writing by a person authorized by law to prescribe medication.

F. All medications shall be administered in accordance with the physician's or other prescriber's instructions and consistent with the requirements of § 54.2-2408 of the Code of Virginia and the Virginia Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

G. A medication administration record shall be maintained of all medicines received by each resident and shall include:

1. Date the medication was prescribed or most recently refilled;

2. Drug name;

3. Schedule for administration;

4. Strength;

5. Route;

6. Identity of the individual who administered the medication; and

7. Dates the medication was discontinued or changed.

H. In the event of a medication incident or an adverse drug reaction, first aid shall be administered if indicated. Staff shall promptly contact a poison control center, pharmacist, nurse, or physician and shall take actions as directed. If the situation is not addressed in standing orders, the attending physician shall be notified as soon as possible and the actions taken by staff shall be documented. A medication incident shall mean an error made in administering a medication to a resident including the following: (i) a resident is given incorrect medication; (ii) medication is administered to the incorrect resident; (iii) an incorrect dosage is administered; (iv) medication is administered at a wrong time or not at all; and (v) the medication is administered through an improper method. A medication error does not include a resident's refusal of appropriately offered medication.

I. Written procedures shall provide for (i) the documentation of medication incidents, (ii) the review of medication incidents and reactions and making any necessary improvements, (iii) the storage of controlled substances, and (iv) the distribution of medication off campus. The procedures must be approved by a health care professional. Documentation of this approval shall be retained.

J. Medication refusals shall be documented including action taken by staff. The facility shall follow procedures for managing such refusals which shall address:

1. Manner by which medication refusals are documented; and

2. Physician follow-up, as appropriate.

K. Disposal and storage of unused, expired, and discontinued medications shall be in accordance with applicable laws and regulations.

L. The telephone number of a regional poison control center and other emergency numbers shall be posted on or next to each nonpay telephone that has access to an outside line in each building in which residents sleep or participate in programs.

M. Syringes and other medical implements used for injecting or cutting skin shall be locked and inventoried in accordance with facility procedures.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1070 Behavior management

A. A behavior management program shall be implemented. Behavior management shall mean those principles and methods employed to help a resident achieve positive behavior and to address and correct a resident's inappropriate behavior in a constructive and safe manner in accordance with written procedures governing program expectations and the residents' and employees' safety and security.

B. Written procedures governing this program shall provide the following:

1. A listing of the rules of conduct and behavioral expectations for the resident;

2. Orientation of residents as required by 6VAC35-101-800 (admission and orientation);

3. The definition and listing of a system of privileges and sanctions that is used and available for use. Sanctions (i) shall be listed in the order of their relative degree of restrictiveness; (ii) may include a "cooling off" period where a resident is placed in a room for no more than 60 minutes; and (iii) shall contain alternatives to room confinement;

4. The specification of the staff members who may authorize the use of each privilege and sanction;

5. Documentation requirements when privileges are applied and sanctions are imposed;

6. The specification of the processes for implementing such procedures; and

7. Means of documenting and monitoring of the program's implementation including, but not limited to, an on-going administrative review of the implementation to ensure conformity with the procedures.

C. When substantive revisions are made to the behavior management program, written information concerning the revisions shall be provided to the residents, and direct care staff shall be oriented on the changes prior to implementation.

D. The facility administrator shall review the detention center's behavior intervention techniques and procedures at least annually to determine appropriateness for the population served.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1080 Disciplinary process

A. Procedures. Written procedures shall govern the disciplinary process that shall contain the following:

1. Graduated sanctions and progressive discipline;

2. Training on the disciplinary process and rules of conduct; and

3. Documentation on the administration of privileges and sanctions as provided in the behavior management program.

B. Disciplinary report. A disciplinary report shall be completed when it is alleged that a resident has violated a rule of conduct for which room confinement, including a bedtime earlier than that provided on the daily schedule, may be imposed as a sanction.

1. All disciplinary reports shall contain the following:

a. A description of the alleged rule violation, including the date, time, and location;

b. A listing of any staff present at the time of the alleged rule violation;

c. The signature of the resident and the staff who completed the report; and

d. The sanctions, if any, imposed.

2. A disciplinary report shall not be required when a resident is placed in his room for a "cooling off" period, in accordance with written procedures, that does not exceed 60 minutes.

C. Review of rule violation. A review of the disciplinary report shall be conducted by an impartial person. After the resident receives notification of the alleged rule violation, the resident shall be provided with the opportunity to admit or deny the charge.

1. The resident may admit the charge, in writing, and accept the sanction (i) prescribed for the offense or (ii) as amended by the impartial person.

2. The resident may deny the charge and the impartial person shall:

a. Meet in person with the resident;

b. Review the allegation with the resident;

c. Provide the resident with the opportunity to present evidence, including witnesses;

d. Provide, upon the request of the resident, for an impartial staff member to assist the resident in the conduct of the review;

e. Render a decision and inform the resident of the decision and rationale supporting this decision;

f. Complete the review within 12 hours of the time of the alleged rule violation, including weekends and holidays, unless the time frame ends during the resident's scheduled sleeping hours. In such circumstances, the delay shall be documented and the review shall be conducted within the same time frame thereafter;

g. Document the review, including any statement of the resident, evidence, witness testimony, the decision, and the rationale for the decision; and

h. Advise the resident of the right to appeal the decision.

D. Appeal. The resident shall have the right to appeal the decision of the impartial person.

1. The resident's claim shall be reviewed by the facility administrator or designee and shall be decided within 24 hours of the alleged rule violation, including weekends and holidays, unless the time frame ends during the resident's scheduled sleeping hours. In such circumstances, the delay shall be documented and the review shall be conducted within the same time frame thereafter. The review by the facility administrator may be conducted via electronic means.

2. The resident shall be notified in writing of the results immediately thereafter.

E. Report retention. If the resident is found guilty of the rule violation, a copy of the disciplinary report shall be placed in the case record. If a resident is found not guilty of the alleged rule violation, the disciplinary report shall be removed from the resident's case record and shall be maintained as required by 6VAC35-101-330 (maintenance of residents' records).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1090 Physical restraint

A. Physical restraint shall be used as a last resort only after less restrictive interventions have failed or to control residents whose behavior poses a risk to the safety of the resident, others, or the public.

1. Staff shall use the least force deemed reasonable to be necessary to eliminate the risk or to maintain security and order and shall never use physical restraint as punishment or with the intent to inflict injury.

2. Staff may physically restrain a resident only after less restrictive behavior interventions have failed or when failure to restrain would result in harm to the resident or others.

3. Physical restraint may be implemented, monitored, and discontinued only by staff who have been trained in the proper and safe use of restraint.

4. For the purpose of this section, physical restraint shall mean the application of behavior intervention techniques involving a physical intervention to prevent an individual from moving all or part of that individual's body.

B. Written procedures shall govern the use of physical restraint and shall include:

1. The staff position who will write the report and time frame;

2. The staff position who will review the report and time frame;

3. Methods to be followed should physical restraint, less intrusive interventions, or measures permitted by other applicable state regulations prove unsuccessful in calming and moderating the resident's behavior; and

4. An administrative review of the use of physical restraints to ensure conformity with the procedures.

C. Each application of physical restraint shall be fully documented in the resident's record including:

1. Date and time of the incident;

2. Staff involved;

3. Justification for the restraint;

4. Less restrictive behavior interventions that were unsuccessfully attempted prior to using physical restraint;

5. Duration;

6. Description of method or methods of physical restraint techniques used;

7. Signature of the person completing the report and date; and

8. Reviewer's signature and date.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1100 Room confinement and isolation

A. Written procedures shall govern how and when residents may be confined to a locked room for both segregation and isolation purposes.

B. Whenever a resident is confined to a locked room, including but not limited to being placed in isolation, staff shall check the resident visually at least every 30 minutes and more often if indicated by the circumstances. Staff shall conduct a check at least every 15 minutes in accordance with approved procedures when the resident is on suicide watch.

C. Residents who are confined to a room, including but not limited to being placed in isolation, shall be afforded the opportunity for at least one hour of physical exercise, outside of the locked room, every calendar day unless the resident's behavior or other circumstances justify an exception. The reasons for any such exception shall be documented.

D. If a resident is confined to his room for any reason for more than 24 hours, the facility administrator or designee shall be notified.

E. If the confinement extends to more than 72 hours, the (i) confinement and (ii) steps being taken or planned to resolve the situation shall be immediately reported to the director or designee. If this report is made verbally, it shall be followed immediately with a written, faxed, or secure email report in accordance with written procedures.

F. Room confinement, including isolation or administrative confinement, shall not exceed five consecutive days except when ordered by a medical provider.

G. When confined to a room, the resident shall have a means of communication with staff, either verbally or electronically.

H. The facility administrator or designee shall make personal contact with each resident who is confined to a locked room, including being placed in isolation, each day of confinement.

I. During isolation, the resident is not permitted to participate in activities with other residents and all activities are restricted, with the exception of (i) eating, (ii) sleeping, (iii) personal hygiene, (iv) reading, and (v) writing.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1110 Administrative confinement

A. Residents shall be placed in administrative confinement only by the facility administrator or designee, as a last resort for the safety of the residents. The reason for such placement shall be documented in the resident's case record.

B. Residents who are placed in administrative confinement shall be housed no more than two to a room. Single occupancy rooms shall be available when indicated for residents with severe medical disabilities, residents suffering from serious mental illness, sexual predators, residents who are likely to be exploited or victimized by others, and residents who have other special needs for single housing.

C. Residents who are placed in administrative confinement shall be afforded basic living conditions approximating those available to the facility's general population and, as provided for in approved procedures, shall be afforded privileges similar to those of the general population. Exceptions may be made in accordance with established procedures when justified by clear and substantiated evidence. If residents who are placed in administrative confinement are confined to a room or placed in isolation, the provisions of 6VAC35-101-1100 (room confinement and isolation) and 6VAC35-1140 (monitoring restrained residents) apply, as applicable.

D. Administrative confinement means the placement of a resident in a special housing unit or designated individual cell that is reserved for special management of residents for purposes of protective custody or the special management of residents whose behavior presents a serious threat to the safety and security of the facility, staff, general population, or themselves. For the purpose of this section, protective custody shall mean the separation of a resident from the general population for protection from or for other residents for reasons of health or safety.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1120 Chemical agents

Staff are prohibited from using pepper spray and other chemical agents to manage resident behavior or maintain institutional security.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1130 Mechanical restraints

A. Written procedure shall govern the use of mechanical restraints. Such procedures shall be approved by the department and shall specify:

1. The conditions under which handcuffs, waist chains, leg irons, disposable plastic cuffs, leather restraints, and a mobile restraint chair may be used;

2. That the facility administrator or designee shall be notified immediately upon using restraints in an emergency situation;

3. That restraints shall never be applied as punishment or a sanction;

4. That residents shall not be restrained to a fixed object or restrained in an unnatural position;

5. That each use of mechanical restraints, except when used to transport a resident or during video court hearing proceedings, shall be recorded in the resident's case file or in a central log book; and

6. That a written record of routine and emergency distribution of restraint equipment be maintained.

B. Written procedure shall provide that (i) all staff who are authorized to use restraints shall receive training in such use, including how to check the resident's circulation and how to check for injuries and (ii) only trained staff shall use restraints.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1140 Monitoring restrained residents

A. Written procedure shall provide that when a resident is placed in restraints, staff shall:

1. Provide for the resident's reasonable comfort and ensure the resident's access to water, meals, and toilet; and

2. Make a direct personal check on the resident at least every 15 minutes and more often if the resident's behavior warrants, such checks shall include monitoring the resident's circulation in accordance with the procedure provided for in 6VAC35-101-1130 B.

B. When a resident is placed in mechanical restraints for more than two hours cumulatively in a 24-hour period, with the exception of use in routine transportation of residents, staff shall immediately consult with a health care provider and a mental health professional. This consultation shall be documented.

C. If the resident, after being placed in mechanical restraints, exhibits self-injurious behavior, (i) staff shall immediately consult with and document that they have consulted with a mental health professional and (ii) the resident shall be monitored in accordance with established protocols, including constant supervision, if appropriate. Any such protocols shall be in compliance with the procedures required by 6VAC35-101-1150 (restraints for medical and mental health purposes).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1150 Restraints for medical and mental health purposes

Written procedure shall govern the use of restraints for medical and mental health purposes. Written procedure shall identify the authorization needed; when, where, and how restraints may be used; for how long; and what type of restraint may be used.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1160 Approval of postdispositional detention programs

A detention center that accepts placements in a postdispositional detention program, as defined herein, must be approved by the board to operate a postdispositional detention program. The certificate issued by the board shall state that the detention center is approved to operate a postdispositional detention program and the maximum number of residents that may be included in the postdispositional detention program. The board will base its approval of the postdispositional detention program on the program's compliance with provisions of 6VAC35-101-1160 (approval of postdispositional detention programs) through 6VAC35-101-1270 (release from a postdispositional detention program).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1170 Agreement with court service unit

The postdispositional detention program shall request a written agreement with the court service unit of the committing court defining working relationships and responsibilities in the implementation and utilization of the postdispositional detention program.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1180 Placements in postdispositional detention programs

A. A detention center that accepts placements in a postdispositional detention program shall have written procedure ensuring reasonable utilization of the detention center for both predispositional detention and the postdispositional detention program. This procedure shall provide for a process to ensure that the postdispositional detention program does not cause the detention center to exceed its rated capacity.

B. When a court orders a resident detained in a postdispositional detention program, the detention center shall:

1. Obtain from the court service unit a copy of the court order, the resident's most recent social history, and any other written information considered by the court during the sentencing hearing; and

2. Develop a written plan with the court service unit within five business days to enable such residents to take part in one or more locally available treatment programs appropriate for their rehabilitation that may be provided in the community or at the detention center.

C. When a detention center accepts placements in a postdispositional detention program, the detention center shall:

1. Provide programs or services for the residents in the postdispositional detention program that are not routinely available to predispositionally detained residents. This requirement shall not prohibit residents in the postdispositional detention program from participating in predispositional services or any other available programs; and

2. Establish a schedule clearly identifying the times and locations of programs and services available to residents in the postdispositional detention program.

D. Upon the receipt of (i) a referral of the probation officer of a potential resident who meets the prerequisite criteria for placement provided in § 16.1-284.1 of the Code of Virginia or (ii) an order of the court, the detention center shall conduct the statutorily required assessment as to whether a resident is an appropriate candidate for placement in a postdispositional detention program. The assessment shall assess the resident's need for services using a process that is outlined in writing, approved by the department, and agreed to by both the facility administrator and the director of the court service unit. Based on these identified needs, the assessment shall indicate the appropriateness of the postdispositional detention program for the resident's rehabilitation.

E. When programs or services are not available in the detention center, a resident in a postdispositional detention program may be considered for temporary release from the detention center to access such programs or services in the community.

1. Prior to any such temporary release, both the detention center and the court service unit shall agree in writing as to the suitability of the resident to be temporarily released for this purpose.

2. Residents who present a significant risk to themselves or others shall not be considered suitable candidates for participation in programs or services outside the detention center or for paid employment outside the detention center. Such residents may participate in programs or services within the detention center, as applicable, appropriate, and available.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1190 Program description

The postdispositional detention program shall have a written statement of its:

1. Purpose and philosophy;

2. Treatment objectives;

3. Criteria and requirements for accepting residents;

4. Criteria for measuring a resident's progress;

5. General rules of conduct and the behavior management program, with specific expectations for behavior and appropriate sanctions;

6. Criteria and procedures for terminating services, including terminations prior to the resident's successful completion of the program;

7. Methods and criteria for evaluating program effectiveness; and

8. Provisions for appropriate custody, supervision, and security when programs or services are delivered outside the detention center.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1200 Individual service plans in postdispositional detention programs

A. A written plan of action, the individual service plan, shall be developed and placed in the resident's record within 30 days following admission and implemented immediately thereafter. The individual service plan shall:

1. Be revised as necessary and reviewed at intervals; and

2. Specify (i) measurable short-term and long-term goals; (ii) the objectives, strategies, and time frames for reaching the goals; and (iii) the individuals responsible for carrying out the plan.

B. Individual service plans shall describe in measurable terms the:

1. Strengths and needs of the resident;

2. Resident's current level of functioning;

3. Goals, objectives, and strategies established for the resident;

4. Projected family involvement; and

5. Projected date for accomplishing each objective.

C. Each service plan shall include the date it was developed and the signature of the person who developed it.

D. The resident and facility staff shall participate in the development of the individual service plan.

E. The (i) supervising agency and (ii) resident's parents, legal guardian, or legally authorized representative, if appropriate and applicable, shall be given the opportunity to participate in the development of the resident's individual service plan.

F. The initial individual service plan shall be distributed to the resident, the resident's parents or legal guardian as appropriate and applicable, and the applicable court service unit.

G. Staff responsible for daily implementation of the resident's individual service plan shall be able to describe the resident's behavior in terms of the objectives in the plan.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1210 Progress reports in postdispositional detention programs

A. There shall be a documented review of each resident's progress in accordance with § 16.1-284.1 of the Code of Virginia. The review shall report the:

1. Resident's progress toward meeting the plan's objectives;

2. Family's involvement; and

3. Continuing needs of the resident.

B. Each progress report shall include (i) the date it was developed and (ii) the signature of the person who developed it.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1220 Case management services in postdispositional detention programs

A. The facility shall implement written procedures governing case management services that shall address:

1. Helping the resident and the parents or legal guardian to understand the effects on the resident of separation from the family and the effect of group living;

2. Assisting the resident and the family to maintain their relationships and prepare for the resident's future care;

3. Utilizing appropriate community resources to provide services and maintain contacts with such resources;

4. Helping the resident strengthen his capacity to function productively in interpersonal relationships;

5. Conferring with the child care staff to help them understand the resident's needs in order to promote adjustment to group living; and

6. Working with the resident, the family, or any placing agency that may be involved in planning for the resident's future and in preparing the resident for the return home or to another family, for independent living, or for other residential care.

B. The provision of case management services shall be documented in the case record.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1230 Residents' health care records in postdispositional detention programs

A. In addition to the requirements of 6VAC35-101-1030 (residents' health care records), each resident's health record shall include or document all efforts to obtain treatment summaries of ongoing psychiatric or other mental health treatment and reports, if applicable.

B. In addition to the information required by 6VAC35-101-950 (health care procedures), the following information shall be readily accessible to staff who may have to respond to a medical or dental emergency:

1. Medical insurance company name and policy number or Medicaid number; and

2. Written permission for emergency medical care, dental care, and obtaining immunizations or a procedure and contacts for obtaining consent.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1240 Services by licensed professionals in postdispositional detention programs

When a postdispositional detention program refers a resident to a licensed professional in private practice, the program shall check with the appropriate licensing authority's Internet web page or by other appropriate means to verify that the individual is appropriately licensed.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1250 Delivery of medication in postdispositional detention programs

A detention center that accepts postdispositional placements exceeding 30 consecutive days pursuant to § 16.1-284 of the Code of Virginia shall have and follow written procedures, approved by its health authority, that either permits or prohibits self-medication by postdispositional residents. The procedures may distinguish between residents who receive postdispositional services entirely within the confines of the detention center and those who receive any postdispositional services outside the detention center. The procedures shall conform to the specific requirements of the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1260 Residents' paid employment in postdispositional detention programs

A. Paid employment may be part of the rehabilitation and treatment plan for a postdispositional resident. Such work must be in a setting that the facility administrator has determined to be appropriate.

B. Paid employment for any resident participating in a postdispositional detention program must be in accordance with 6VAC35-101-920 (work and employment).

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

6VAC35-101-1270 Release from a postdispositional detention program

In addition to the requirements in 6VAC35-101-840 (discharge), information concerning the resident's need for continuing therapeutic interventions, educational status, and other items important to the resident's continuing care shall be provided to the legal guardian or legally authorized representative, as appropriate, at the time of the resident's discharge from the facility.

History

• Statutory Authority: §§ 16.1-309.9, 16.1-322.7, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 29, Issue 25, eff. January 1, 2014.

Chapter 150 Regulation for Nonresidential Services

Part I General Provisions

6VAC35-150-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Adult" means a person 18 years of age or older who is not a delinquent child as defined in § 16.1-228 of the Code of Virginia.

"Agency" means any governmental entity of the Commonwealth or any unit of local government including counties, cities, towns, and regional governments and the departments thereof, and including any entity, whether public or private, with which any of the foregoing has entered into a contractual relationship for the provision of services as described in this chapter.

"Alternative day services" or "structured day treatment" means nonresidential programs that provide services, which may include counseling, supervision, recreation, prevocational services, and education, to juveniles at a central facility.

"Approved procedures" means (i) procedures issued by the Department of Juvenile Justice, which apply to all state-operated court service units and which may be voluntarily observed by locally operated court service units; or (ii) modifications to the procedures approved by the director or his designee; or (iii) procedures for locally operated court service units approved in accordance with local procedures.

"Behavior management" means those principles and methods employed to help a juvenile achieve positive behavior and to address and correct a juvenile's inappropriate behavior in a constructive and safe manner, in accordance with written procedures governing program expectations, treatment goals, juvenile and staff safety and security, and the juvenile's individual service plan .

"Board" means the Board of Juvenile Justice.

"Case record" or "record" means written or electronic information regarding an individual and the individual's family, if applicable, that is maintained in accordance with approved procedures.

"Court service unit," "CSU," or "unit" means a state or locally operated court service unit established pursuant to §§ 16.1-233 and 16.1-235 of the Code of Virginia.

"Department" means the Department of Juvenile Justice.

"Direct care" means the time during which a resident, who is committed to the department pursuant to §§ 16.1-272, 16.1-285.1, or subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia, is under the supervision of staff in a juvenile correctional center or other juvenile residential facility operated by or under contract with the department.

"Diversion" means the provision of counseling, informal supervision, programs, or services, or a combination thereof, which is consistent with the protection of the public safety and the welfare of the juvenile as provided for in §§ 16.1-227 and 16.1-260 of the Code of Virginia.

"Electronic monitoring" means the use of electronic devices, including, but not limited to, voice recognition and global positioning systems, to verify a juvenile's or adult's compliance with certain judicial orders or conditions of release from incarceration, as an alternative to detention, or as a short-term sanction for noncompliance with rules of probation or parole.

"Human research" means any systematic investigation using human subjects as defined by § 32.1-162.16 of the Code of Virginia and 6VAC35-170. Human research shall not include research prohibited by state and federal statutes or regulations or research exempt from federal regulations or mandated by any applicable statutes or regulations.

"Individual service plan" means a written plan developed, updated as needed, and modified at intervals to meet the needs of a juvenile or an adult. It specifies measurable short-term and long-term goals, the objectives, strategies, and time frames for reaching the goals, and the individuals responsible for carrying out the plan.

"Individual supervision plan" means a written plan developed, updated as needed, and modified at intervals to meet the needs of a juvenile or adult. It specifies measurable short-term and long-term goals, the objectives, strategies, and time frames for reaching the goals, and the individuals responsible for carrying out the plan. Individual supervision plans are applicable during probation and parole and for treatment of a juvenile or an adult and the services for the juvenile's family for the time during which a juvenile is committed to the department.

"Intake" means the process for screening complaints and requests alleged to be within the jurisdiction of the juvenile and domestic relations district court pursuant to § 16.1-260 of the Code of Virginia.

"Intake officer" means the probation officer who is authorized to perform the intake function as provided in § 16.1-260 of the Code of Virginia.

"Juvenile" means an individual less than 18 years of age, a delinquent child, a child in need of supervision, or a child in need of services as defined in § 16.1-228 of the Code of Virginia. For the purpose of this regulation, "juvenile" includes an individual, regardless of age, who is or has been before the court, who was under the age of 18 at the time of the offense or act, who is under supervision or receiving services from a court service unit or a program under contract with or monitored by the unit, or who is committed to the department.

"Mechanical restraint" means the use of a mechanical device that involuntarily restricts the freedom of movement or voluntary functioning of a limb or portion of a person's body as a means to control physical activity when the individual being restricted does not have the ability to remove the device.

"Outreach detention" means intensive supervision, which includes frequent contacts, strict monitoring of behavior, and case management, if applicable, of a juvenile as an alternative to placement in secure detention or shelter care.

"Parole" means supervision of a juvenile released from commitment to the department as provided for by §§ 16.1-285, 16.1-285.1, and 16.1-285.2 of the Code of Virginia.

"Physical restraint" means the application of behavior intervention techniques by trained program staff that involves a physical intervention to prevent the individual from moving that individual's body.

"Probation" means a court-ordered disposition of a juvenile or an adult as provided by §§ 16.1-278.5 B 2, 16.1-278.8 A 5, 16.1-278.8 A 7, and 16.1-278.8 A 7 a.

"Provider" means a person, corporation, partnership, association, organization, or public agency that is legally responsible for compliance with regulatory and statutory requirements relating to the provision of services or the functioning of a program.

"Supervision" means visiting or making other contact with or providing treatment, rehabilitation, or services to a juvenile as required by the court, by an intake officer, or for probation or parole purposes.

"Tamper" means any purposeful alteration to electronic monitoring equipment that interferes with or weakens the monitoring system.

"Time-out" means a systematic behavior management technique program component designed to reduce or eliminate inappropriate or problematic behavior by having staff require a juvenile to move to a specific location that is away from the source of reinforcement for a specific period of time or until the problem behavior has subsided.

"Variance" means a board action that relieves a program from having to meet or develop a plan of action for the requirements of a section or subsection of this chapter.

"Volunteer" or "intern" means any individual or group who of their own free will and without any financial gain provides services without competitive compensation.

"Written" means the required information is communicated in writing. Such writing may be available in either hard copy or in electronic form.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-20 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-30 Applicability

A. Parts I (6VAC35-150-10 et seq.) and II (6VAC35-150-55 et seq.) of this chapter apply to all CSUs for juvenile and domestic relations district courts.

B. Parts I (6VAC35-150-10 et seq.) and III (6VAC35-150-425 et seq.) of this chapter apply to nonresidential programs and services (i) for which the CSU contracts or (ii) are included in a local "Virginia Juvenile Community Crime Control Act" plan.

C. Part III of this chapter also applies to applicable programs and services operated by or contracted with a CSU.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-35 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-40 Variances

A variance may be requested by a program administrator or service provider when conditions exist where the program or service provider is not able to comply with a section or subsection of this chapter. Any such request must meet the criteria and comply with the procedural requirements provided in the Regulations Governing the Monitoring, Approval, and Certification of Juvenile Justice Programs, 6VAC35-20, and in accordance with approved procedures.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-50 Licensure by other agencies

A current license or certificate issued by the Commonwealth shall be accepted as evidence of a program's compliance with one or more specific standards of this chapter when the requirements for licensure or certification are substantially the same as, or exceed, the requirements set out in this chapter.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-55 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

Article 1 Administration

6VAC35-150-60 Organizational structure

There shall be a written description and organizational chart of the unit showing current lines of authority, responsibility, and accountability, including the unit director's reporting responsibility.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-62 Suitable quarters

A. The CSU director annually shall review the unit's needs for suitable quarters, utilities, and furnishings and shall request from the appropriate governing body the resources to meet these needs.

B. Intake, probation, and parole officers shall have access to private office space.

History

• Statutory Authority: § 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-64 Prohibited financial transactions

The unit shall not collect or disburse support payments, fines, restitution, court fees, or court costs.

History

• Statutory Authority: § 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-66 Procedures for handling funds

The unit director shall establish written procedures for handling any ongoing unit employee fund established and maintained by the employees that is derived from employee contributions, the operation of vending machines, special fundraising projects, or other employee canteen services, that utilizes the name of the unit or the department, or that the unit approves the obtaining of or obtains a tax identification number for such funds. Any such funds are not state funds and shall not be commingled in any way with state funds. The department's tax identification number shall not be used for such funds.

History

• Statutory Authority: § 16.1-233, 16.1-309.9, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-70 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-80 Background checks

A. Except as provided in subsection C of this section, all persons who (i) accept a position of employment, (ii) volunteer on a regular basis or are interns and will be alone with a juvenile in the performance of their duties, or (iii) provide contractual services directly to a juvenile on a regular basis and will be alone with a juvenile in the performance of their duties in a CSU, or as required by 6VAC35-150-430 C, shall undergo the following background checks to ascertain whether there are criminal acts or other circumstances that would be detrimental to the safety of juveniles:

1. A reference check;

2. A criminal history record check;

3. A fingerprint check with (i) the Virginia State Police (VSP) and (ii) the Federal Bureau of Investigation (FBI);

4. A central registry check with Child Protective Services (CPS); and

5. A driving record check, if applicable to the individual's job duties.

B. To minimize vacancy time when the fingerprint checks required by subdivision 3 of this subsection have been requested, unit staff may be hired pending the results of the fingerprint checks, provided:

1. All of the other applicable components of subsection A of this section have been completed;

2. The applicant is given written notice that continued employment is contingent on the fingerprint check results, as required by subdivision A 3 of this section; and

3. Staff hired under this exception shall not be allowed to be alone with juveniles and may work with juveniles only when under the direct supervision of staff whose background checks have been completed until such time as all background checks are completed.

C. The unit, program, or service provider shall have procedures for supervising nonstaff persons, who are not subject to the provisions of subsection A of this section, who have contact with juveniles.

D. Subsection A of this section shall apply to programs to which the CSU refers juveniles who are before the court or before an intake officer, including, but not limited to, programs included in a local Virginia Juvenile Community Crime Control Act plan. When an agency or program refers juveniles to other service providers, excluding community service programs and licensed professionals or programs licensed or regulated by other state agencies, the referring agency shall require the service provider to document that all persons who provide services or supervision through substantial one-on-one contact with juveniles have undergone a background check as required in subsection A of this section.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-90 Training

A. All employees, volunteers , and interns shall receive documented orientation appropriate to their duties and to address any needs identified by the individual and the supervisor.

B. All employees shall receive ongoing training and development appropriate to their duties and to address any needs identified by the individual and the supervisor, if applicable.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-100 Personnel and operating procedures

All staff shall have access to approved procedures governing:

1. Recruitment and selection;

2. Grievance and appeal;

3. Confidential individual employee personnel records;

4. Discipline;

5. Equal employment opportunity;

6. Leave and benefits;

7. Resignations and terminations;

8. Orientation;

9. Promotion;

10. Probationary period; and

11. Competitive salary.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-110 Volunteers and interns

A. For every volunteer and intern, the unit shall maintain a current description of duties and responsibilities and a list of the minimum required qualifications;

B. Volunteers and interns shall comply with all applicable regulations, policies, and approved procedures;

C. One or more designated persons shall coordinate volunteer services and internships; and

D. Volunteers and interns shall be registered with the department.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-120 Reportable incidents

When an event or incident occurs that is required by department procedures to be reported, staff shall report the event or incident as required by and in accordance with department procedures.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-130 Research

A. Juveniles shall not be used as subjects of human research, except as provided in 6VAC35-170 and in accord with Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 of the Code of Virginia.

B. The testing of medicines or drugs for experimentation or research is prohibited.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-140 Records management

A. Case records shall be indexed and kept up to date and uniformly in content and arrangement in accordance with approved procedures.

B. Case records shall be kept in a secure location accessible only to authorized staff.

C. All case records shall be maintained and disposed of in accordance with The Library of Virginia regulations and record retention schedules and with approved procedures.

D. Any disclosure or release of information shall be in accordance with the Code of Virginia and applicable federal statutes and regulations and approved procedures.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-150 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-160 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-165 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-170 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-175 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-180 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-190 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

Article 2 Security and Safety

6VAC35-150-200 Safety and security procedures

In accordance with approved procedures, the unit shall implement:

1. Safety and security practices for the office environment to include at least fire, bomb threat, natural disasters, and hostage and medical emergency situations;

2. Safety and security practices for staff making field visits to juveniles and their families; and

3. Training on appropriate crisis prevention and intervention techniques for the office and the field that staff may use to respond to behavior that poses a risk to the safety of themselves or others.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-210 Physical force

A. Physical force shall be used only as a last resort and shall never be used as punishment. Staff shall use only the minimum force deemed reasonable and necessary to eliminate the imminent risk to the safety of themselves or others.

B. Each use of physical force shall be reported in writing to the CSU director, who shall ensure that all reportable incidents are further reported in accordance with the department's procedures for reporting serious incidents.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-220 Searches

Searches of an individual's person and immediate area may be conducted only in accordance with approved procedures, with all applicable state and federal statutes and regulations, and with the Virginia and United States constitutions. Only staff who have received training approved by the department shall conduct searches.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-230 Weapons

A. A probation officer may obtain authorization to carry a weapon as provided by § 16.1-237 of the Code of Virginia only in accordance with approved procedures that require at least: (i) firearms safety training, (ii) a psychological or mental health assessment, (iii) approval by the CSU director, and (iv) approval by the unit director's supervisor.

B. All CSU staff authorized to carry weapons shall have received training and retraining, in accordance with approved procedures, which shall include the limited circumstances when weapons may be carried and used as required by law and liability insurance coverage.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-240 Arrest of juvenile by staff

Probation officers shall exercise their arrest powers in accordance with approved procedures.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-250 Absconders

Unit staff shall cooperate with department personnel and state and local law-enforcement authorities to help locate and recover juveniles who violate the conditions of their probation or parole supervision and upon whom a detention order has been issued or who escape or run away from a juvenile correctional center, detention home, or other juvenile placement.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-260 Transportation of detained juveniles

Detained juveniles shall be transported in accord with "Guidelines for Transporting Juveniles in Detention" (September 2004) issued by the board in accord with § 16.1-254 of the Code of Virginia.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

Article 3 Intake

6VAC35-150-270 Intake duties

A. When making an intake determination as provided for by § 16.1-260 of the Code of Virginia, whether in person or by telephone or interactive video conferencing, the intake officer shall, in accordance with approved procedures:

1. Explain the steps and options in the intake process to each person present as provided for in approved procedures;

2. Make all required data entries into the department's electronic data collection system in accordance with § 16.1-224 of the Code of Virginia and approved procedures;

3. Consult with available parents, guardians, legal custodian, or other person standing in loco parentis to determine the appropriate placement; and

4. Notify the juvenile's parents, guardians, legal custodian, or other person standing in loco parentis in cases involving the juvenile's detention.

B. When making a detention decision pursuant to § 16.1-248.1 of the Code of Virginia and when making recommendations to the court at a detention hearing pursuant to § 16.1-250 of the Code of Virginia, CSU personnel shall make use of the uniform risk assessment instrument and related procedure mandated by Chapter 648 of the 2002 Acts of Assembly.

C. When the chief judge in a jurisdiction requests the provision of a replacement intake officer pursuant to § 16.1-235.1 of the Code of Virginia, the CSU shall enter into a written agreement with the requesting court that shall address, at a minimum, the scope of the intake duties, the location where intake cases will be processed, and the protocol for arranging any required face-to-face contact between the intake officer and juvenile.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-280 Medical and psychiatric emergencies at intake

If during the intake interview, the intake officer suspects that the juvenile requires emergency medical or psychiatric care, the intake officer shall:

1. Immediately contact the juvenile's parents or legal guardians to advise them of the emergency and any responsibilities they may have; and

2. Before placing a juvenile in a more restrictive setting, the intake officer shall arrange for the juvenile to receive the needed emergency care.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-290 Intake communication with detention

When CSU staff facilitate the placement of a juvenile in detention, they shall give detention staff, by telephone, in writing, or by electronic means, no later than the time the juvenile arrives at the detention facility, the reason for detention and the offenses for which the juvenile is being detained including any ancillary offenses. CSU staff shall also give detention staff the following information when available and applicable: medical information; parents' or guardians' names, addresses and phone numbers; prior record as regards sexual offenses, violence against persons or arson; suicide attempts or self-injurious behaviors; gang membership and affiliation; and any other information as required by approved procedure.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

Article 4 Out-of-Home Placements

6VAC35-150-300 Predispositionally placed juvenile

A. In accordance with approved procedures, a representative of the CSU shall make contact, either face-to-face or via videoconferencing, with each juvenile placed in predispositional detention, jail, or shelter care pursuant to § 16.1-248.1 of the Code of Virginia, within five days of the placement . A representative of the CSU shall make contact with the juvenile at least once every 10 days thereafter either face-to-face or by telephone or videoconferencing. All such contacts shall include direct communication between the CSU staff and the juvenile.

B. The case of each predispositionally placed juvenile shall be reviewed at least every 10 days in accordance with approved procedures to determine whether there has been a material change sufficient to warrant recommending a change in placement.

C. When the unit is the placing agency and is supervising a juvenile in a residential facility, designated staff of the CSU shall be available to the facility's staff 24 hours a day in case of emergency.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-310 Postdispositional detention

A. When a court orders a juvenile to be detained postdispositionally for more than 30 days pursuant to subsection B of § 16.1-284.1 of the Code of Virginia, the CSU staff shall develop a written plan with the facility to enable such juvenile to take part in one or more community treatment programs appropriate for that juvenile's rehabilitation, which may be provided at the facility or while the juvenile is on temporary release status, as determined by that juvenile's risk to public safety and other relevant factors. The CSU shall provide a copy of the juvenile's social history to the postdispositional detention program upon request.

B. The case record of a juvenile placed in a postdispositional detention program pursuant to subsection B of § 16.1-284.1 of the Code of Virginia shall contain:

1. Social history;

2. Court order;

3. Reason for placement; and

4. Current supervision plan, if applicable.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-320 Notice of juvenile's transfer

When CSU staff have knowledge that a juvenile has been moved from one residential facility to another residential facility and do not have knowledge that the juvenile's parents or legal guardians have been advised of the transfer, CSU staff shall notify the juvenile's parents or legal guardians within 24 hours and shall document the notification in the juvenile's case record.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-330 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Volume 27, Issue 12, eff. July 1, 2011.

Article 5 Probation, Parole, and Other Supervision

6VAC35-150-335 Diversion

A. When an intake officer proceeds with diversion in accordance with subsection B of § 16.1-260 of the Code of Virginia, such supervision shall not exceed 120 days.

B. When a new complaint is filed against a juvenile who is currently under supervision in accordance with subsection A of this section, and the juvenile qualifies for diversion in accordance with subsection B of § 16.1-260 of the Code of Virginia, then the intake officer may proceed with diversion for an additional 120 days from the date of the subsequent complaint.

C. In no case shall a petition be filed by the CSU based on acts or offenses in the original complaint after 120 days from the date of the initial referral on the original complaint.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.2, and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011; Volume 37, Issue 26, eff. October 1, 2021.

6VAC35-150-336 Social histories

A. A social history shall be prepared in accordance with approved procedures (i) when ordered by the court, (ii) for each juvenile placed on probation supervision with the unit, (iii) for each juvenile committed to the department, (iv) for each juvenile placed in a postdispositional detention program for more than 30 days pursuant to § 16.1-284.1 of the Code of Virginia, or (v) upon written request from another unit when accompanied by a court order. Social history reports shall include the following information:

1. Identifying and demographic information on the juvenile;

2. Current offense and prior court involvement;

3. Social, medical, psychological, and educational information about the juvenile;

4. Information about the family; and

5. Dispositional recommendations, if permitted by the court.

B. An existing social history that is less than 12 months old may be used provided an addendum is prepared updating all changed information. A new social history shall be prepared as required in subsection A of this section or when ordered by the court if the existing social history is more than 12 months old.

C. Social history reports on adults may be modified as provided for in procedures approved by the CSU director after consultation with the judge or judges of the court.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-340 Beginning supervision

Within the time frames established by approved procedures for beginning supervision, a probation or parole officer shall:

1. See the juvenile face-to-face;

2. Give the juvenile the written rules of supervision, including any special conditions, and explain these to the juvenile and, when appropriate, to the juvenile's parents or guardians; and

3. Document these actions in the case record.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-350 Supervision plans for juveniles

A. To provide for the public safety and address the needs of a juvenile and that juvenile's family, a juvenile shall be supervised according to a written individual supervision plan, developed in accordance with approved procedures and time frames, that describes the range and nature of field and office contact with the juvenile, with the parents or guardians of the juvenile, and with other agencies or providers providing treatment or services.

B. In accordance with approved procedures, each written individual supervision plan shall be reviewed (i) with the juvenile and the juvenile's family, and (ii) by a supervisor from both a treatment and a case management perspective to confirm the appropriateness of the plan.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-355 Supervision of juvenile on electronic monitoring

When a unit places a juvenile in an electronic monitoring program, use of the program shall be governed by approved procedures that shall provide for criteria for placement in the program, parental involvement, required contacts, consequences for tampering with and violating program requirements, and time limits.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-360 (Repealed.)

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-365 Supervision of adult on probation

For an adult convicted of a criminal act for which the juvenile court retained jurisdiction pursuant to § 16.1-241 of the Code of Virginia and the juvenile court does not order specific conditions of supervision, a supervision plan for the adult probationer shall be prepared within 30 days of the disposition. The adult and that adult's family, if appropriate, must be consulted in development of the supervision plan.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July, 1, 2011.

6VAC35-150-370 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-380 Violation of probation or parole

When a probationer or parolee violates the conditions of the individual's probation or parole, unit personnel shall take action in accordance with approved procedures.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-390 Transfer of case supervision

A. When the legal residence of an individual under the supervision of a CSU is not within the jurisdiction of the original CSU, the supervision of the case may be transferred to another unit in Virginia in accordance with § 16.1-295 of the Code of Virginia and approved procedures.

B. When transferring or receiving supervision of a juvenile on probation or parole to or from another state, CSU staff shall do so in accordance with the Interstate Compact Relating to Juveniles, Article 14 (§ 16.1-323 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-400 Notice of release from supervision

Notice of release from supervision shall be given in writing to the individual under the supervision of a CSU and to the parents or guardians of juveniles. Such notification shall be appropriately documented in the case record in accordance with approved procedures.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

Article 6 Juvenile in Direct Care

6VAC35-150-410 Commitment information

A. When a juvenile is committed to the department, the juvenile may not be transported to the Reception and Diagnostic Center (RDC) until (i) the items and information required by the Code of Virginia and approved procedures have been received by RDC and (ii) the case is accepted by RDC.

B. If a juvenile is transported to the department directly from the court, in addition to ensuring the immediate delivery of the items required in subsection A of this section, unit staff shall immediately notify RDC by telephone of the juvenile's impending arrival.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-415 Supervision of juvenile in direct care

For a juvenile placed in direct care, the probation or parole officer shall, in accordance with approved procedures, do the following:

1. Develop and implement a family involvement plan.

2. Develop a parole supervision plan.

a. For a juvenile indeterminately committed to the department pursuant to §§ 16.1-272 and 16.1-278.8 A 14 of the Code of Virginia, CSU staff shall complete a parole supervision plan in accordance with approved procedure.

b. For a juvenile determinately committed to the department pursuant to §§ 16.1-272, 16.1-278.8 A 17, or 16.1-285.1 of the Code of Virginia, a parole supervision plan shall be prepared for all serious offender judicial review hearings as required by law and in accordance with approved procedures.

3. Send a report on the family's progress toward planned goals of the family involvement plan to the facility at which the juvenile is housed.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-420 Contacts during juvenile's commitment

During the period of a juvenile's commitment, a designated staff person shall make contact with the committed juvenile, the juvenile's parents, guardians, or other custodians, and the treatment staff at the juvenile's direct care placement as required by approved procedures. The procedures shall specify when contact must be face-to-face contact and when contacts may be made by videoconferencing or by telephone.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

Article 1 General Requirements

6VAC35-150-425 Applicability of Part III

A. This part applies to programs and services for which the department or CSU contracts or which provides programs and services through a local Virginia Juvenile Community Crime Control Act plan pursuant to § 16.1-309.3 of the Code of Virginia.

B. Alternative day treatment and structured day programs are subject to the provisions in Article 1 and Article 2 of this part. The provisions for alternative day treatment and structured day programs in Article 2 (6VAC35-150-615 et seq.) of this part also apply to those programs and services that are operated by a CSU.

C. Each program or service provider shall be responsible for adopting written procedures necessary to implement and for compliance with all applicable requirements of 6VAC35-150-430 through 6VAC35-150-740.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-427 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-430 Program and service provider requirements

A. Each program and service provider shall have a written statement of its:

1. Purpose;

2. Population served;

3. Criteria for admission;

4. Criteria for measuring a juvenile's progress;

5. Supervision or treatment objectives;

6. Intake and acceptance procedures, including whether a social history or diagnostic testing is required;

7. General rules of juvenile conduct and the behavior management system with specific expectations for behavior and appropriate incentives and sanctions, which shall be made available to juveniles and parents upon acceptance into the program;

8. Criteria and procedures for terminating services, including terminations prior to the juvenile's successful completion of the program;

9. Methods and criteria for evaluating program or service effectiveness;

10. Drug-free workplace policy; and

11. Procedures regarding contacts with the news media.

B. The department administration shall be notified in writing of any plan to change any of the elements listed in subsection A of this section.

C. Each program or service provider shall conduct background checks in accordance with 6VAC35-150-80, or ensure that such background checks are conducted, on all individuals who provide services to juveniles under the contract as required by subsection A of 6VAC35-150-80;

D. Those programs and service providers providing crisis intervention services, including, but not limited to, outreach detention, mental health counseling or treatment, and home-based counseling services, shall provide for responding 24 hours a day to a juvenile's crisis and shall provide notification to all juveniles in writing on how to access these services at any time.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-435 Contracted services

The standard of services provided by contractual and subcontractual vendors shall not be less than those required by this chapter.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; amended, Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-440 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 2, eff. July 1, 2011.

6VAC35-150-450 Limitation of contact with juveniles

When there are indications that an individual who is providing programs or services poses a direct threat to the health and safety of a juvenile, others at the program, or the public, the program administrator, or department personnel shall immediately require that the individual be removed from contact with juveniles until the situation is abated or resolved.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-460 Personnel qualifications for program and service providers

A. Program staff and service providers shall have a job description stating qualifications and duties for the position to which they are assigned.

B. Staff and volunteers who provide professional services shall be appropriately licensed or certified or be supervised by an appropriately licensed or certified person as required by applicable statutes and regulations.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-470 Medical emergencies

The program or service provider shall have written procedures to deal with medical emergencies that may occur while a juvenile is in attendance at the program.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-480 Financial record requirements for program and service providers

All programs and service providers shall:

1. Manage their finances in accordance with generally accepted accounting principles;

2. Certify that all funds were handled in accord with the applicable Virginia Juvenile Community Crime Control Act plan, contract, or other agreement; and

3. Be subject to independent audit or examination by department personnel at the department's discretion.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-490 Juveniles' rights

A. Juveniles shall not be excluded from a program nor be denied access to services on the basis of race, ethnicity, national origin, color, religion, sex, physical disability, or sexual orientation.

B. Juveniles shall not be subjected to:

1. Deprivation of drinking water or food necessary to meet daily nutritional needs except as ordered by a licensed physician for a legitimate medical purpose and documented in the juvenile's record;

2. Any action that is humiliating, degrading, or abusive;

3. Corporal punishment;

4. Unsanitary conditions;

5. Deprivation of access to toilet facilities; or

6. Confinement in a room with the door so secured that the juvenile cannot open it.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-500 Juvenile participation in research

The program or service provider shall have written procedures complying with the applicable research provisions in 6VAC35-150-130.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-510 Case management requirements for program and service providers

A. For each juvenile, a separate case record shall be kept up to date and in a uniform manner.

B. The juvenile case record shall always contain:

1. Current identifying and demographic information on the juvenile;

2. Court order, placement agreement, or service agreement;

3. Rules imposed by the judge or the probation or parole officer, if applicable; and

4. Dates of acceptance and release.

C. Programs and services that provide counseling, treatment, or supervision shall:

1. Develop an individual service plan for each juvenile that shall specify the number and nature of contacts between the juvenile and staff;

2. Provide the individual service plan information to the supervising probation or parole officer, when applicable;

3. Document all contacts with the juvenile, the juvenile's family, and others involved with the case; and

4. Provide written progress reports to the referring agency at agreed upon intervals.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-520 Confidentiality of records

Juveniles' records shall be kept confidential in accordance with applicable laws and regulations.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-530 Incident documentation and reporting for program and service providers

When an event or incident occurs that is required by department procedures to be reported, the program or service shall document and report the event or incident as required by and in accordance with department procedures.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-540 Child abuse and neglect

When there is a reason to suspect that a child is an abused or neglected child, the program or service provider shall report the matter immediately to the local department of social services as required by Article 2 (§ 63.2-1508 et seq.) of Title 63.2 of the Code of Virginia and shall be documented in the juvenile's record.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-550 Physical setting

A. Each program that provides services to juveniles or their families within or at the program's office or place of operation shall comply with all applicable building, fire, sanitation, zoning and other federal, state, and local standards and shall have premises liability insurance.

B. The inside and outside of all buildings shall be kept clean, in good repair, and free of rubbish.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-560 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-570 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-575 Physical and mechanical restraints and chemical agents in programs and services.

A. Only staff who have received department-approved training may apply physical restraint and only as a last resort, after less restrictive behavior intervention techniques have failed, to control residents whose behavior poses a risk to the safety of the resident, others, or the public, or to avoid extreme destruction of property.

1. Staff shall use the least force necessary to eliminate the risk and shall never use physical restraint as punishment or with intent to inflict injury.

2. The application of physical restraint shall be fully documented in the juvenile's record, including the (i) date and time of the incident, (ii) staff involved, (iii) justification for the restraint, (iv) less restrictive interventions that were unsuccessfully attempted prior to or harm that would have resulted without using physical restraint, (v) duration, (vi) method and extent of any physical restraint techniques used, (vii) signature of the person completing the report, and (viii) reviewer's signature and date.

3. Staff whose job responsibilities include applying physical restraint techniques, when necessary, shall receive training sufficient to maintain a current certification for the administration of the physical restraints.

B. Mechanical restraints, except in electronic monitoring and outreach detention programs, shall not be used for behavior management purposes.

C. Chemical agents, such as pepper spray, shall not be used by staff for behavior management purposes.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-580 Emergencies and safety in juveniles' homes

Programs that provide services in juveniles' homes shall:

1. Prescribe safety measures for staff making field visits; and

2. Provide for actions for staff to take in the event of:

a. Domestic violence;

b. Severe injury;

c. Threats and violence against staff; and

d. Absence of life sustaining resources such as food or fuel.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997.

6VAC35-150-590 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-600 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-610 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

Article 2 Alternative Day Treatment and Structured Day Programs

6VAC35-150-615 Applicability of Part III, Article 2

The following provisions apply to alternative day treatment and structured day treatment programs, including those operated by CSUs. All applicable provisions for the general requirements for programs set forth in Article 1 (6VAC35-150-425 et seq.) of this part also apply to alternative day treatment and structured day treatment programs.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-620 Supervision of juveniles in alternative day treatment and structured day programs

At all times that juveniles are on any premises where alternative day treatment or structured day programs are provided, there shall be at least one qualified person actively supervising who has a current first aid and CPR certification.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-630 Meals

If the program spans traditional meal times, juveniles shall be provided nutritionally balanced meals.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.2 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002.

6VAC35-150-640 Emergency and fire safety in alternative day treatment and structured day programs

A. Each site to which juveniles report shall have written emergency and fire safety plans.

1. In accordance with the emergency plan, the program shall implement safety and security procedures, including, but not limited to, procedures for responding in cases of a fire, bomb threat, hostage and medical emergency situations, and natural disaster.

2. The fire safety plan shall be developed with the consultation and approval of the appropriate local fire authority and reviewed with the local fire authority at least annually and updated if necessary.

B. At each site to which juveniles report, there shall be at least one documented fire drill each month.

C. Each new staff member shall be trained in fire safety and emergency procedures before assuming supervision of juveniles.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-650 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-660 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-670 Juveniles' medical needs in alternative day treatment and structured day programs

A. At the time of referral, the program shall request from the referring agency or party any information regarding individual juveniles' medical needs or restrictions and, if necessary, instructions for meeting these needs.

B. Written procedure governing the delivery of medication shall:

1. Either prohibit staff from delivering medication or designate staff persons authorized to deliver prescribed medication by written agreement with a juvenile's parents; and

2. Either permit or prohibit self-medication by juveniles.

C. An up-to-date, well-stocked first-aid kit shall be available at each site to which juveniles report and shall be readily accessible for minor injuries and medical emergencies.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-680 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-690 Procedural requirements for time-out in alternative day treatment and structured day programs

A. A program that uses time-out shall have written procedures to provide that juveniles in time-out shall:

1. Be able to communicate with staff;

2. Have bathroom privileges according to need; and

3. Be served any meal scheduled during the time-out period.

B. A time-out room shall not be locked nor the door secured in any way that will prohibit the juvenile from opening it, except if such confinement has been approved by the program's regulatory authority.

C. Time-out shall not be used for periods longer than 30 consecutive minutes.

History

• Statutory Authority: §§ 16.1-233, 16.1-309.9 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-700 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-710 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-720 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; amended, Virginia Register Volume 18, Issue 24, eff. October 1, 2002; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-730 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

6VAC35-150-740 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 14, Issue 2, eff. November 12, 1997; repealed, Virginia Register Volume 27, Issue 12, eff. July 1, 2011.

Chapter 160 Regulations Governing Juvenile Record Information and the Virginia Juvenile Justice Information System

Part I General Provisions

6VAC35-160-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Access" means the ability to directly obtain information concerning an individual juvenile contained in manual or automated files.

"Commonwealth of Virginia Information Technology Resource Management Standards" or "COV ITRM Standards" means the information technology standards applicable to all Commonwealth executive branch agencies that manage, develop, purchase, and use information technology resources in the Commonwealth of Virginia.

"Data owner" means a Department of Juvenile Justice employee who is responsible for the policy and practice decisions regarding data.

"Department" means the Department of Juvenile Justice.

"Destroy" means to totally eliminate and eradicate by various methods, including shredding, incinerating, or pulping.

"Dissemination" means any transfer of juvenile record information, whether orally, in writing, or by electronic means, to any person other than an employee of a participating agency who is authorized to receive the information under § 16.1-300 of the Code of Virginia and who is not barred from receiving the information by other applicable law.

"Expunge" means to destroy all records concerning an individual juvenile, or all personal identifying information related to an individual juvenile that is included in aggregated files and databases, in accordance with a court order or the Code of Virginia.

"Juvenile record information" means any information in the possession of a participating agency pertaining to the case of a juvenile who is or has been the subject of an action by an intake officer as provided by § 16.1-260 of the Code of Virginia, as well as to personal identifying information concerning such a juvenile in any database or other aggregated compilation of records. The term does not apply to statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable.

"Need to know" means the principle that a user should access only the specific information necessary to perform a particular function in the exercise of his official duties.

"Participating agency" means the department, including state-operated court service units; any locally operated court service unit, secure juvenile detention center, or juvenile group home; or any public agency, child welfare agency, private organization, facility, or person who is treating or providing services to a child pursuant to a contract with the department or pursuant to the Virginia Juvenile Community Crime Control Act as set out in Article 12.1 (§ 16.1-309.2 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, that is approved by the department to have direct access to juvenile record information through the VJJIS or any of its component or derivative information systems. The term "participating agency" does not include any court.

"Remote access" means a connection to the department's systems from a remote location other than a department facility.

"Telecommunication connection" means the infrastructure used to establish a remote access to department information technology systems.

"Virginia Juvenile Justice Information System" or "VJJIS" means the equipment, facilities, agreements, and procedures used to collect, process, preserve, or disseminate juvenile record information in accordance with § 16.1-224 or 16.1-300 of the Code of Virginia. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017; Volume 41, Issue 25, eff. September 15, 2025.

6VAC35-160-20 Applicability of these standards

These regulations apply to information, data and records maintained on or derived from the Virginia Juvenile Justice Information System, including originals and copies of manual or automated juvenile record information.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

Part II Participating Agencies in the VJJIS

6VAC35-160-30 Designation as a participating agency

A. The department, including its central administration, department-operated facilities, and state-operated court service units, is considered a single participating agency for purposes of this regulation.

B. Locally operated court services units and secure juvenile detention centers shall be participating agencies in the VJJIS.

C. Any other agency that is eligible to receive juvenile record information under § 16.1-300 of the Code of Virginia may apply to the department for status as a participating agency.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-40 Signed memorandum of agreement and nondisclosure agreement required

The department shall develop a memorandum of agreement and a nondisclosure agreement with each participating agency delineating the participating agency's access to and responsibility for information contained in the VJJIS.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-50 Data submissions

A. All participating agencies shall submit data and other information as required by department procedures to ensure that juvenile record information is complete, accurate, current, and consistent.

B. Administrators of participating agencies are responsible for ensuring that entries into the VJJIS are accurate, timely, and in a form prescribed by the department.

C. All information entered into the VJJIS shall become part of a juvenile's record and shall be subject to the confidentiality provisions of § 16.1-300 of the Code of Virginia.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-60 Access provided to participating agencies

A. In accordance with statutes, regulations, and procedures governing confidentiality of information and system security, the department may limit or expand the scope of access granted to participating agencies.

B. When individuals or participating agencies are providing treatment or rehabilitative services to a juvenile as part of an agreement with the department, their access to juvenile record information shall be limited to that portion of the information that is relevant to the provision of the treatment or service. Once access to an application is authorized, the authorized data user is still obligated to assess the appropriateness of each specific access on a need-to-know basis.

C. An individual's juvenile record information shall be made available only to participating agencies currently supervising or providing services to the juvenile and only upon presentation of the unique identifying number assigned to the juvenile. Once access to an application is authorized, the authorized data user remains obligated to assess the appropriateness of each specific access on a need-to-know basis.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-70 Designation of authorized individuals

A. Each participating agency shall determine what positions in the agency require regular access to juvenile record information as part of their job responsibilities and as documented in the employee work profile.

B. The department shall require a background check of any individual who will be given access to the VJJIS system through any participating agency. The department may deny access to any person based on the results of such background investigation or due to the person's violation of the provisions of this chapter or other security requirements established for the collection, storage, or dissemination of juvenile record information.

C. Only authorized individuals shall have direct access to juvenile record information.

D. Use of juvenile record information by an unauthorized individual, or for a purpose or activity other than one for which the person is authorized to receive juvenile record information, shall be considered an unauthorized dissemination.

E. Persons who are given access to juvenile record information shall be required to sign an information security agreement in accordance with department procedure stating that they will use and disseminate the information only in compliance with law and this chapter and that they understand that there are criminal and civil penalties for unauthorized dissemination.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-80 Responsibility for compliance

The administrator of each participating agency shall ensure that employees who have access to juvenile record information are made familiar with the substance of this regulation and are briefed on their responsibility to protect the confidentiality of juvenile record information. The administrator of each participating agency is also responsible for reviewing all procedures connected with the security of juvenile record information to ensure their relevance and continuing effectiveness.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-90 Security of physical records

A. A participating agency that possesses physical records or files containing juvenile record information shall institute procedures to ensure the physical security of such juvenile record information from unauthorized access, disclosure, dissemination, theft, sabotage, fire, flood, wind, or other natural or man-made disasters.

B. Only authorized persons shall have access to areas where juvenile record information is collected, stored, processed, or disseminated. Locks, guards, or other appropriate means shall be used to control access.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-100 Requirements when records are automated

Participating agencies having automated juvenile record information files shall:

1. Designate a data owner to maintain and control authorized user accounts, system management, and the implementation of security measures;

2. Develop and implement a logical access procedure to prevent unauthorized access and dissemination; and

3. Develop procedures for discarding old computers to ensure that information contained on those computers is not available to unauthorized persons. All data must be completely erased or otherwise made unreadable in accordance with COV ITRM Standard SEC 514–04, Removal of Commonwealth Data from Electronic Media Standard.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-110 Access controls for computer security

A. Where juvenile record information is computerized, logical access controls shall be implemented to ensure that records can be queried, updated, or destroyed only from approved system user accounts. Industry standard levels of encryption shall be required to protect confidential juvenile record information moving through any network.

B. The logical access controls shall be known only to the employees of the participating agency who are responsible for control of the juvenile record information system or to individuals and agencies operating under a specific agreement with the participating agency to provide such security programs. The access controls shall be kept secure.

C. Computer operations, whether dedicated or shared, that support juvenile record information shall operate in accordance with procedures developed or approved by the department.

D. Juvenile record information shall be stored in such a manner that it cannot be modified, destroyed, accessed, changed, purged, or overlaid in any fashion except via an approved system user account.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-120 Procedures to protect security of juvenile record information

Participating agencies shall establish procedures to detect unauthorized access or attempted access of juvenile record information, either physically or electronically, as well as procedures to be followed when an attempt or unauthorized access is detected. Such procedures shall be part of the orientation of employees working in any office, room, space or area in which juvenile record information is regularly collected, processed, stored, or disseminated.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-130 Security of telecommunications

A. The department may permit the use of a nondedicated means of data transmission to access juvenile record information when there are adequate and verifiable safeguards in place to restrict access to juvenile record information to authorized persons. Industry standard levels of encryption shall be required to protect all juvenile record information moving through any network.

B. Where remote access of juvenile record information is permitted, remote access devices must be secure. Remote access devices capable of receiving or transmitting juvenile record information shall be secured during periods of operation. When the remote access device is unattended, the device shall be made inoperable for purposes of accessing juvenile record information by implementing a screen saver lockout period after a maximum of 15 minutes of inactivity for devices. In addition, appropriate identification of the remote access device operator shall be required.

C. The telecommunications connection used with the remote access device shall also be secured. Telecommunications connections shall be reasonably protected from possible tampering or tapping.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017; Volume 41, Issue 25, eff. September 15, 2025.

6VAC35-160-140 Timelines for data submission

The Virginia Juvenile Justice Information System makes it possible to record most juvenile record information instantaneously. All transactions occurring in a participating agency that are not entered immediately into the juvenile justice information system through on-line submission shall be entered within timeframes established by department procedures.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-150 Correcting errors

Participating agencies shall immediately notify the appropriate data owner upon discovering that incorrect information has been entered into the VJJIS. The data owner shall make arrangements to correct the information as soon as practicable in accordance with department procedures.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

Part III Responding To Requests for Juvenile Record Information

6VAC35-160-160 Existence of records shall not be confirmed or denied

No participating agency or individual shall confirm or deny the existence or nonexistence of juvenile record information to persons or agencies that would not be eligible to receive the information pursuant to § 16.1-300 of the Code of Virginia.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-170 Information to be disseminated only in accordance with applicable statutes and regulations

A. In accordance with § 16.1-223 of the Code of Virginia, data stored in the VJJIS shall be confidential. Information from such data that identifies an individual juvenile may be released only in accordance with § 16.1-300 of the Code of Virginia, applicable federal law, and this chapter.

B. Unauthorized dissemination of juvenile record information will subject the disseminator to the administrative sanctions described in 6VAC35-160-380. Unlawful dissemination also may be prosecuted as a Class 3 misdemeanor under § 16.1-309 of the Code of Virginia or as a Class 2 misdemeanor under § 16.1-225 of the Code of Virginia.

C. Additional disclosure limitations are provided in the federal substance abuse law (42 USC § 290dd2(f)).

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-180 Fees

Participating agencies may charge a reasonable fee for search and copying time expended when an individual or a nonparticipating agency requests juvenile record information. The participating agency shall inform the requester of the fees to be charged and shall obtain written agreement from the requester to pay such costs prior to initiating the search for requested information. Any release shall be in accordance with applicable statutes and regulations.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-190 Requesting juvenile record information

Individuals or nonparticipating agencies requesting juvenile record information must submit a written request for each record or part thereof to which they request access. This may be done in person, by mail, or by electronic means.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-200 Verifying requestor's identity

A person requesting juvenile record information shall be required to present proper evidence of his own identity, the identity of the individual whose juvenile record information is requested, and authorization from the individual, the individual's attorney, or, if the individual is a juvenile, the individual's parent, guardian or other person standing in loco parentis.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-210 Determining requestor's eligibility to receive the information

A. Upon receipt of a request for juvenile record information, an appropriately designated person shall determine whether the requesting agency or individual is eligible to receive juvenile record information as provided in § 16.1-300 of the Code of Virginia, federal law, and this chapter.

B. The determination as to whether a person, agency or institution has a legitimate interest in a juvenile's case shall be based on the criteria specified in subdivision A 7 of § 16.1-300 of the Code of Virginia.

C. When there is a request to disseminate health records or substance abuse treatment records, the person responding to the request shall determine whether the requested information is protected by the federal law on substance abuse treatment records (42 USC § 290dd-2 and 42 CFR Part 2) and may consult with designated department personnel in making this determination. Health records and substance abuse treatment records shall be disseminated only in strict compliance with the applicable federal statutory requirements, the Code of Virginia, and this chapter.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-220 Responding to requests

A. Once it is determined that a requestor is entitled to juvenile record information, a designated individual shall inform the requestor of the procedures for reviewing the juvenile record information, including the general restrictions on the use of the data, when the record will be available, and any costs that may be involved.

B. When the request for juvenile record information is made by an individual's parent, guardian, legal custodian or other person standing in loco parentis, the request shall be referred to designated personnel of the department. (See 6VAC35-160-230)

C. All records containing sensitive data (e.g., name, date of birth, social security number, or address) shall be encrypted prior to electronic dissemination. Except as provided in subsection B of this section, requested records shall be provided as soon as practicable, but in any case within 10 business days unless compliance with other applicable regulations requires a longer response time.

D. If the request for information is made to a participating agency and the participating agency does not have access to the particular information requested, the requestor shall be notified and shall be told how to request the information from the appropriate source, if known.

E. Personnel of the participating agency shall provide reasonable assistance to the individual or his attorney to help understand the record.

F. The person releasing the record shall also inform the individual of his right to challenge the record as provided in 6VAC35-160-280.

G. If no record can be found, a statement shall be furnished to this effect.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-230 Certain information may be withheld from release

A. Section 16.1-300 B of the Code of Virginia provides that any portion of a juvenile's record may be withheld from inspection by a child's parent, guardian, legal custodian or other person standing in loco parentis when the staff of the department determines, in its discretion, that disclosure of such information would be detrimental to the child, provided that the juvenile and domestic relations district court of the jurisdiction in which the juvenile currently resides shall concur in such determination.

B. If the department withholds from inspection any portion of such record or report pursuant to the preceding provisions, the department shall (i) inform the individual making the request of the action taken to withhold any information and the reasons for such action; (ii) provide such individual with as much information about the child's progress as is deemed appropriate under the circumstances; and (iii) notify the individual in writing at the time of the request of his right to request judicial review of the department's decision. The circuit court of the jurisdiction where the child currently resides shall have jurisdiction over petitions filed by a parent, guardian, legal custodian or other person standing in loco parentis for review of the department's decision to withhold reports or records as provided herein.

C. Health record information shall not be disseminated to persons or entities authorized to have access to juvenile record information by § 16.1-300 of the Code of Virginia when such persons or entities are not authorized to receive health information by the federal Health Insurance Portability and Accountability Act of 1996.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-240 Notice to accompany disseminated juvenile record information

The following printed message shall accompany all juvenile record information disseminated outside the Virginia Juvenile Justice Information System: "UNAUTHORIZED DISSEMINATION WILL SUBJECT THE DISSEMINATOR TO CRIMINAL AND CIVIL PENALTIES."

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-250 Maintaining a dissemination log

Each participating agency shall maintain a record, either automated or manual, of any dissemination made pursuant to 6VAC35-160-220 for a period of at least six years from the date of the dissemination.

The dissemination log must list all requests for juvenile record information and shall include the following information on each dissemination:

1. The date of inquiry;

2. The name and address of the individual or agency making the request;

3. If an agency request, the name and position of the individual making the request;

4. Whether the request was referred to the designated department personnel (see 6VAC35-160-220 B);

5. The name of the person responding to the request; and

6. A brief indication of what information was requested.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-260 Reporting unauthorized disseminations

A. Participating agencies shall notify the department when they observe any violations of the dissemination regulations contained in this part. The department shall investigate and respond to the violation as provided in law and this chapter.

B. A participating agency that knowingly fails to report a violation may be subject to an immediate audit of its entire dissemination log and procedures to ensure that disseminations are being appropriately managed.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-270 Interstate dissemination

Interstate dissemination of juvenile record information shall be subject to this regulation. Dissemination to an agency outside of the Commonwealth shall be carried out in compliance with Virginia law and this chapter, as if the agency were within the jurisdiction of the Commonwealth.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

Part IV Challenge to and Correction of Juvenile Record Information

6VAC35-160-280 Challenge

A. Individuals, or persons acting on an individual's behalf as provided for by law, may challenge their own juvenile record information by completing documentation provided by the department and forwarding it to the data owner who is responsible for the applicable component of the VJJIS as prescribed in department procedures.

B. When a record that is maintained by the VJJIS is challenged, both the manual and the automated record shall be flagged with the message "CHALLENGED RECORD." The individual shall be given an opportunity to provide a brief written statement describing how the information contained in the record is alleged to be inaccurate. When a challenged record is disseminated while under challenge, the record shall carry both the flagged message and the individual's statement, if one has been provided.

C. The data owner or designee shall examine the individual's record to determine if a data entry error was made. If a data entry error is not obvious, the data owner shall send a copy of the challenge form and any relevant information to all agencies that could have originated the information under challenge, and shall ask them to examine their files to determine the validity of the challenge.

D. The participating agencies shall examine their source data, the contents of the challenge, and information supplied by the VJJIS for any discrepancies or errors and shall advise the data owner of the results of the examination.

E. If a modification of a VJJIS record is required, the data owner shall ensure that the required change is made and shall notify all participating agencies that were asked to examine their records in connection with the challenge.

F. Participating agencies that, pursuant to 6VAC35-160-220, have disseminated an erroneous or incomplete record shall in turn notify all entities that have received the erroneous juvenile record information as recorded on the agency's dissemination log.

G. The participating agency that received the challenge shall notify the individual or person acting on the individual's behalf of the results of the challenge and the right to request an administrative review and appeal those results.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-290 Administrative review of challenge results

A. If not satisfied with the results of the challenge, the individual or those acting on his behalf may, within 30 calendar days, request in writing an administrative review of the challenge by the director of the department.

B. Within 30 days of receiving the written request for the administrative review, the director of the department, or a designee who is not the data owner who responded to the challenge, shall review the challenge, the findings of the review, and the action taken by the data owner. If the administrative review supports correction of the juvenile record information, the correction shall be made as prescribed in 6VAC35-160-280.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-300 Removal of a challenge designation

When the challenge to the juvenile's record has been resolved, either as a result of a challenge or an administrative review of the challenge, the data owner shall notify the affected participating agencies to remove the challenge designation from their files.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

Part V Expungement

6VAC35-160-310 Expungement requirements

When a court orders or law requires the expungement of an individual's juvenile records, all records and personal identifying information associated with the expungement order shall be destroyed in accordance with the court order or statutory requirement. Nonidentifying information may be kept in databases or other aggregated files for statistical purposes.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-320 Notification to participating agencies

The data owner shall notify all participating agencies to purge their records of any reference to the person whose record has been ordered expunged. The notification shall include a copy of the applicable court order, along with notice of the penalties imposed by law for disclosure of such personal identifying information (see § 16.1-309 of the Code of Virginia).

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-330 Procedures for expunging juvenile record information

A. Paper versions of records that have been ordered expunged shall be destroyed.

B. Computerized versions of records that have been ordered expunged shall be deleted from all databases and electronic files in such a way that the records cannot be accessed or recreated through ordinary use of any equipment or software that is part of the VJJIS and in accordance with the ITRM SEC 514–04 Removal of Commonwealth Data from Electronic Media Standard.

C. If personal identifying information concerning the subject individual is included in records that are not ordered expunged, the personal identifying information relating to the individual whose records have been ordered expunged shall be obliterated on the original, or a new document shall be created eliminating the personal identifying references to the individual whose record has been ordered expunged.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-340 Confirmation notice required to data owner

Within 30 calendar days of receiving expungement instructions from the data owner, the participating agency shall expunge the juvenile record information in accordance with 6VAC35-160-330 and shall notify the data owner when the records have been expunged. The notification to the data owner shall indicate that juvenile records were expunged in accordance with court order and shall not identify the juvenile whose records were expunged.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-350 Expungement order received directly by participating agency

When a participating agency receives an expungement order directly from a court, the participating agency shall promptly comply with the expungement order in accordance with 6VAC35-160-330 and shall notify the data owner of the court-ordered expungement. The data owner, upon receipt of such notification, shall contact the appropriate court and determine the validity of the notification, as applicable.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

Part VI Disposition of Records in the VJJIS

6VAC35-160-355 Record retention

All records in the VJJIS shall be retained and disposed of in accordance with the applicable records retention schedules approved by the Library of Virginia. When a participating agency or a unit of a participating agency disposes of records in the physical possession of the participating agency or the unit of a participating agency, the person who disposes of such records shall notify the data owner to remove that same information from VJJIS.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

Part VII Enforcement

6VAC35-160-360 Oversight by the department

A. The department shall have the responsibility for monitoring compliance with this chapter and for taking enforcement action as provided in this chapter or applicable state and federal statutes and regulations.

B. The department shall have the right to audit, monitor, and inspect any facilities, equipment, software, systems, or procedures required by this chapter.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-370 Audits authorized

A. The department may audit participating agencies to ensure and verify adherence to this chapter and to ensure that juvenile record information records are accurate and complete.

B. The audits may include, but will not be limited to, examination of (i) record accuracy, (ii) completeness of information, (iii) timely submission of information, (iv) controls governing dissemination of information and adequate dissemination logs, (v) security provisions, (vi) evidence of notification of the individual's right of access and challenge, (vii) appropriate handling of record challenges, (viii) timely correction of erroneous records, (ix) evidence of timely notifications of required changes, and (x) appropriate notifications to the department as required.

C. The department may conduct audits at any time for cause, including but not limited to occasions when erroneous record information has been identified through a challenge to any person's juvenile record information.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-380 Administrative sanctions

A. In addition to any criminal or civil sanctions to which a violator of this chapter may be subject pursuant to § 16.1-225 or § 16.1-309 of the Code of Virginia, the department may impose administrative sanctions including but not limited to the following:

1. Temporary or permanent suspension of an individual's authorization to access the Virginia Juvenile Justice Information System;

2. Temporary or permanent suspension of an entity's designation as a "participating agency"; or

3. Temporary or permanent suspension of a participating agency's authorization to access any subsystem of the Virginia Juvenile Justice Information System.

B. The department shall report to the board at its next regular meeting any administrative actions taken against a participating agency for failure to comply with this regulation.

History

• Statutory Authority: §§ 16.1-223 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

6VAC35-160-390 (Repealed.)

History

• Historical Notes: Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

Chapter 180 Regulations Governing Mental Health Services Transition Plans for Incarcerated Juveniles

Part I General Provisions

6VAC35-180-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Department" means the Virginia Department of Juvenile Justice.

"Direct discharge" means the release of a resident from commitment to the department with no supervision conditions imposed upon the resident by the department or a court.

"Facility" means a juvenile correctional center operated by the department , an alternative placement for residents under the direct custody of the department, or a detention home operating a postdispositional detention program serving residents sentenced under subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia.

"Identified as having a recognized mental health, substance abuse, or other therapeutic treatment need" means a resident who meets established criteria, set forth in 6VAC35-180-30, based on objective assessment or diagnosis by a qualified mental health professional, as provided for in this regulation.

"Incarceration" means confinement in a detention home operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia or in a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or in an alternative placement as a result of a commitment to the department pursuant to subdivision A 14 , A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia.

"Indeterminately committed" means commitment to the department pursuant to subdivision A 14 of § 16.1-278.8 of the Code of Virginia with the resident's length of stay calculated in accordance with § 16.1-285 of the Code of Virginia and the department's Length of Stay Guidelines.

"Juvenile" means an individual , regardless of age, who has been confined in a detention home operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia or in a juvenile residential facility or a secure facility as defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or in an alternative placement as a result of a commitment to the department pursuant to subdivision A 14, A 16, or A 17 of § 16.1-278.8 or § 16.1-285.1 of the Code of Virginia or an individual, regardless of age, who is under the supervision of or receiving services from a court service unit.

"Mental health services transition planning" means the enhanced planning process described by 6VAC35-180-70 through 6VAC35-180-160 to ensure the provision of mental health, substance abuse, or other therapeutic treatment services upon a resident's release from incarceration. This planning process is considered "enhanced" because it is more comprehensive than the standard process for developing a plan for probation, parole, or aftercare. This process shall result in a mental health transition services plan.

"Resident" means an individual, both a juvenile and an adult, who is or was committed to the department pursuant to § 16.1-285.1 or subdivision A 14 or A 17 of § 16.1-278.8 of the Code of Virginia and resides in a juvenile residential facility or a secure facility defined in § 16.1-228 of the Code of Virginia operated or contracted for by the department or placed in a detention home that is operating a postdispositional detention program pursuant to subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code of Virginia. Resident includes an individual, both juvenile and adult, who is or was committed to the department by a circuit court judge under § 16.1-272 of the Code of Virginia. For purposes of this regulation, the term includes residents being released from incarceration who are 18 years old or older and excludes any individual sentenced under § 16.1-272 of the Code of Virginia who will be released directly from a department facility to an adult correctional institution or jail to complete the remaining portion of a blended sentence.

"Serious offender" means an individual who was committed to the department pursuant to subdivision A 17 of § 16.1-278.8 and § 16.1-285.1 of the Code of Virginia.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-20 Purpose and goal

A. This chapter is intended to ensure the planning and provision of postrelease services addressing the mental health, substance abuse, or other therapeutic treatment needs of incarcerated residents as they transition back into their communities. The goal is to ensure implementation and continuity of necessary treatment and services in order to improve short- and long-term outcomes for juvenile offenders with significant needs in these areas. Services should be provided in the least restrictive setting consistent with public safety and the resident's treatment needs. The plan shall address the resident's need for and ability to access medication, medical insurance, disability benefits, mental health services, and funding necessary to meet the resident's treatment needs.

B. This chapter is intended to be applied in conjunction with other relevant regulations of agencies of the Commonwealth (e.g., 6VAC35-150, Standards for Nonresidential Services Available to Juvenile and Domestic Relations District Courts; 6VAC35-140, Standards for Juvenile Residential Facilities; 22VAC42-11, Standards for Interdepartmental Regulation of Children's Residential Facilities; and 8VAC20-660, Regulations Governing the Reenrollment of Students Committed to the Department of Juvenile Justice).

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-30 Criteria for mental health services transition planning

A resident will be identified as having a recognized mental health, substance abuse, or other therapeutic need and will qualify for mental health services transition planning when one of the following criteria is met:

1. A qualified mental health professional determines that the resident has a current diagnosis for a mental illness that is likely to result in significant impairment in the resident's functioning in the community, including, but not limited to, the following: psychotic disorders, major affective disorders, substance use disorders, and posttraumatic stress disorder.

2. The resident is currently receiving medication treatment for a mental illness as described in subdivision 1 of this section and the provider has indicated a treatment necessity is to continue such medication upon release from the facility.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-40 Confidentiality

For all activities conducted in accordance with this chapter, confidential information shall be handled in accordance with all relevant state or federal laws or regulations addressing the sharing of confidential information.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

Part II Agreements Among Agencies and Service Providers

6VAC35-180-50 Interagency Memorandum of Understanding

Each court service unit (CSU) and detention home that is operating a postdispositional detention program shall enter into a single, integrated Memorandum of Understanding (MOU) with the public agencies that are required to participate in the Community Policy and Management Team (CPMT), as established by § 2.2-5205 of the Code of Virginia, for each jurisdiction covered by the CSU or detention home that is operating a postdispositional detention program. The MOU shall specify the parties' commitment to participate in the planning process established in this chapter and in § 16.1-293.1 B of the Code of Virginia. Other public or private agencies may be party to these agreements as appropriate.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-60 Content of agreements

The Memorandum of Understanding shall identify:

1. The substance abuse, mental health, or other therapeutic treatment and case management services that the agencies will make available for residents being released from incarceration;

2. If, and with what restrictions, the Family Assessment and Planning Teams (FAPT), as established by § 2.2-5207 of the Code of Virginia, shall be responsible for the development and implementation of the mental health transition plan as described in 6VAC35-180-100 or how the mental health transition planning process will take place when the FAPT will not serve as the responsible entity;

3. The process and parties responsible for making the necessary referrals specified in the plan and for assisting the resident and the resident's family with the process of applying for services identified in the plan;

4. A timeline for implementation of services upon the resident's release from incarceration;

5. The sources of funding that may be utilized to provide the services;

6. Methods for maximizing available sources of funding, including Medicaid, and the process and parties responsible for initiation of application(s) for insurance or other benefits that may be used to fully or partially fund such services; and

7. Methods for handling confidential information in accordance with all relevant state or federal laws or regulations addressing the sharing of confidential information.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

Part III Facility Review of Resident's Case

6VAC35-180-70 Timing and purpose of the facility case review

A. In the event that the resident is indeterminately committed to the department, is committed to the department as a serious offender for less than 24 months, or is placed in a detention home that is operating a postdispositional detention program, then at least 90 days before a resident's scheduled release from a facility, designated staff at the facility where the resident resides shall review the resident's case, including the resident's individualized service plan, to determine if the resident qualifies for the enhanced mental health services transition planning based on the criteria set forth in 6VAC35-180-30.

B. In the event that the resident is committed to the department as a serious offender for 24 months or greater, then at least 90 days before the second anniversary of that resident's commitment, designated staff at the facility where the resident resides shall review the resident's case, including the resident's individualized service plan, to determine if the resident qualifies for enhanced mental health services transition planning based on the criteria set forth in 6VAC35-180-30. The resident's case shall be reviewed annually thereafter for determination of whether the resident continues to be identified as having a recognized mental health, substance abuse, or other therapeutic treatment need and continues to qualify for mental health services transition planning.

C. In addition to an assessment of the criteria set forth in 6VAC35-180-30, the facility case review shall address the continuing needs of the resident, family involvement, the resident's progress towards discharge, and the anticipated release date.

D. The time frames designated in subsections A and B of this section may be waived in the event that a judicial order for release of a resident sentenced under subdivision A 16 or A 17 of § 16.1-278.8, § 16.1-285.1 (serious offender incarcerated in a juvenile correctional center) or § 16.1-284.1 (placement in a detention home that is operating a postdispositional detention program) of the Code of Virginia makes such time frames impracticable. In such cases, review shall be completed as soon as possible, but no later than 30 days after the resident's release.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-80 Participants in facility case review

A. The following parties shall participate (either in person or via telephone or video-conference in the facility case review unless clearly impractical or inappropriate (as determined by the professional members of the facility review team) and documented in the case file:

1. The resident;

2. The resident's probation or parole officer, or a representative of the Department of Corrections (adult probation or parole), if applicable;

3. A qualified mental health professional familiar with the resident's case;

4. Facility staff knowledgeable about the resident; and

5. Other community agency staff, if appropriate (e.g., Department of Social Services (DSS) personnel for a resident to be released to DSS custody).

B. The resident's family members, caregivers, legal guardian, or legally authorized representative shall be invited and given the opportunity to participate in the development of the resident's plan.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-90 Distribution and documentation of facility case review

The results of the facility case review, including any recommendations for treatment or other services, shall be distributed to the parties who participated in the meeting. The distribution shall be documented in the resident's record.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

Article 1 Developing the Transition Plan

6VAC35-180-100 Enhanced mental health transition planning

A. If the resident meets the criteria set out in 6VAC35-180-30, the probation or parole officer present at the facility case review meeting shall (i) notify the responsible agency or agencies identified in the Memorandum of Understanding established pursuant to 6VAC35-180-50 and (ii) schedule a meeting, to be conducted no later than 30 days prior to the resident's anticipated release, to develop the resident's mental health services transition plan.

B. However, when a resident (i) will receive a direct discharge from the department upon attaining the age of 21 and will not be subject to adult parole supervision or (ii) will be released from a detention home that is operating a postdispositional program at age 18 or older without having been placed on probation, the meeting shall be scheduled and proceed only with the resident's documented consent and, as required by law, the consent of his parent or legal guardian.

C. The time frames designated in subsection A of this section shall be waived in the event that a judicial order for release of a resident sentenced under subdivision A 16 or A 17 of § 16.1-278.8, § 16.1-285.1 (serious offender incarcerated in a juvenile correctional center) or § 16.1-284.1 (placement in a detention home that is operating a postdispositional detention program) of the Code of Virginia makes such time frames impracticable. In such cases, review shall be completed as soon as possible, but no later than 30 days after the resident's release.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-110 Referral to family assessment and planning team

If the resident's case is referred to the local family assessment and planning team established under the Comprehensive Services Act (§ 2.2-5200 et seq. of the Code of Virginia), the meeting will be conducted in accordance with the policies of the family planning and assessment team.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-120 Development of the plan if other than family assessment and planning team

A. If the resident's case is not referred to the local family assessment and planning team, the following persons shall participate (either in person or via telephone or video-conference) in the development of the mental health services transition plan unless clearly impractical or inappropriate (as determined by the professional members of the enhanced mental health transition planning team) and documented in the case file:

1. The resident;

2. The resident's parent, legal guardian, or legal custodian unless clearly inappropriate (as determined by the professional members of the review team) and documented in the case file;

3. Unless the resident will not be receiving any postrelease supervision, the resident's probation or parole officer or a representative of the Department of Corrections for those offenders who will be released to adult probation or supervision; and

4. A representative of one or more of the agencies participating in the Memorandum of Understanding established by 6VAC35-180-50, as applicable and appropriate.

B. The following persons may be invited to participate in the meeting to develop the resident's mental health services transition plan:

1. Other family members or caregivers who are judged to be critical to the resident's successful completion of treatment services; and

2. Any other person, agency, or institution having a legitimate interest in the development of the plan for the purpose of providing treatment or services for the resident who is the subject of the plan.

C. If the persons invited pursuant to subsections A and B of this section are unable to participate in the planning meeting as described in subsection D of this section, they may provide information prior to the meeting.

D. All participants in the development of the plan shall be concurrently available to each other during the transition services planning meeting, either in person, or by telephone conference call, or by video-conference.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

Article 2 Content of the Plan

6VAC35-180-130 Content of the plan

A. The plan shall specify:

1. The person(s) assigned case management responsibilities for the development and implementation of the mental health transition services plan. Case management includes making all referrals and coordination of all aspects of the plan;

2. The kinds of substance abuse, mental health, or other therapeutic treatment that will be made available to the resident;

3. The provider or providers who will be responsible for delivering each service;

4. The projected time frame over which each service will be provided;

5. The proposed sources through which the services will be funded (funding sources may include, but are not limited to, Medicaid, Comprehensive Services Act (§ 2.2-5200 et seq. of the Code of Virginia), Family Access to Medical Insurance Security, private insurance, and other federal, state, or local funds such as Promoting Safe & Stable Families funds, federal mental health and substance abuse block grant funds, Virginia Juvenile Community Crime Control Act funds, DJJ Transitional Services funds, and other state general funds available to the Community Service Boards, the department, or other agencies participating in the planning process); and

6. Any applications for services, insurance, and other financial assistance that must be completed in order for the resident to obtain the identified services. Such applications include (i) those that may be completed and submitted before the resident's release from incarceration; (ii) those applications that may be completed before, but may not be submitted until after, the resident is released from incarceration; and (iii) those applications that may not be initiated until after the resident's release from incarceration. The plan shall assign responsibility for assisting the resident or the resident's parents or guardians in completing such applications.

B. To the extent possible, all issues pertaining to the implementation of the plan shall be resolved prior to the resident's release.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

Article 3 Completion and Implementation of the Plan

6VAC35-180-140 Time frames for completing the plan and related tasks

A. To facilitate the process of referrals for services and application and enrollment for financial and other assistance, the written plan shall be completed at least 10 days prior to the resident's release from incarceration unless such time frame is rendered impracticable by a judicial order to release the resident from incarceration. In such instances, the plan shall be completed as soon as possible, but in no event later than 30 days following the date of the court order for release.

B. All referrals for services and all applications for financial and other assistance shall be completed within sufficient time frames to ensure continuity of necessary treatment and implementation of recommended services upon the resident's release.

C. All participants in the development of the plan shall sign the plan, indicating their commitment to fulfill the responsibilities assigned to them.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-150 Reports to probation or parole officer

When it is a condition of probation or parole that the juvenile, upon release from a facility, must participate in one or more treatment services provided in accordance with this chapter, the person or agency responsible for providing such clinical services shall report to the probation or parole officer on the juvenile's progress toward meeting the plan's objectives at least monthly as long as the juvenile remains under probation or parole supervision.

When the juvenile's treatment need has been met, the service may be discontinued, and the probation or parole officer shall be notified that the juvenile has completed the treatment.

When the juvenile discontinues participation in the treatment or is suspended or terminated from the program, the probation or parole officer shall be notified as soon as practicable of the juvenile's changed status.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-160 Periodic review of mental health transition plan

A. Every 90 days, the parties to the plan shall review and assess the juvenile's progress and continued applicability of the plan.

B. Any changes to the plan shall be made in writing. All participants shall sign and receive copies of the revised plan.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

6VAC35-180-170 Final review prior to termination of probation or parole

A. If the juvenile has been placed on probation or parole, the individuals and agencies participating in the implementation of the mental health transition plan shall convene no later than 30 days before the juvenile's anticipated release from probation or parole supervision to determine if any of the services provided for in the plan should continue beyond the juvenile's release from probation or parole supervision.

B. If the determination is made that one or more services should continue, an updated plan shall be developed for the juvenile, including identification of the case manager to be responsible for the plan from that point forward. All participants shall sign and receive a copy of the updated plan.

C. If treatment services are continued beyond the juvenile's release from probation or parole, the service provider and case manager shall have no further duty to report to the probation or parole officer on the juvenile's progress in treatment.

History

• Statutory Authority: §§ 16.1-293.1 and 66-10 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 5, eff. January 1, 2008.

Agency 40 Department of Forensic Science

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

6VAC40-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Forensic Science Board or the Department of Forensic Science. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

6VAC40-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Forensic Science Board or the Department of Forensic Science, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

Part II Notification of Interested Persons

6VAC40-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

6VAC40-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 6VAC40-11-30, the agency shall send the following information:

1. A notice of intended regulatory action (NOIRA).

2. A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.

3. A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

Part III Public Participation Procedures

6VAC40-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency; and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

1. To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.

2. The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

1. For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).

2. For a minimum of 60 calendar days following the publication of a proposed regulation.

3. For a minimum of 30 calendar days following the publication of a reproposed regulation.

4. For a minimum of 30 calendar days following the publication of a final adopted regulation.

5. For a minimum of 30 calendar days following the publication of a fast-track regulation.

6. For a minimum of 21 calendar days following the publication of a notice of periodic review.

7. Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008; amended, Virginia Register Volume 34, Issue 4, eff. December 1, 2017.

6VAC40-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

1. The petitioner's name and contact information;

2. The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and

3. Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

6VAC40-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

1. The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

6VAC40-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

1. There is no longer controversy associated with the development of the regulation;

2. The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or

3. The agency determines that resolution of a controversy is unlikely.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

6VAC40-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

6VAC40-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

1. The agency's basic law requires the agency to hold a public hearing;

2. The Governor directs the agency to hold a public hearing; or

3. The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

6VAC40-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

1. An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and

2. The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

• Statutory Authority: §§ 2.2-4007.02 and 9.1-1110 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 25, Issue 2, eff. October 30, 2008.

Chapter 20 Regulations for Breath Alcohol Testing

Part I Definitions

6VAC40-20-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Agency" means any law-enforcement agency under whose auspices breath tests are performed.

"Blood alcohol concentration" means percent by weight of alcohol in a person's blood based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

"Breath test device" means an instrument designed to perform a quantitative chemical test for alcohol on a sample of breath of a person subject to the provisions of §§ 18.2-268.1 through 18.2-268.3, 18.2-268.9, 29.1-738.2, 46.2-341.26:1 through 46.2-341.26:3 or 46.2-341.26:9 of the Code of Virginia or a parallel local ordinance.

"Chemical test" or "chemical analysis" means a quantitative test for alcohol using infrared, or fuel cell methodologies or a combination thereof performed on a sample or samples of breath of a person subject to the provisions of §§ 18.2-267, 18.2-268.1 through 18.2-268.3, 18.2-268.9, 29.1-738.1, 29.1-738.2, 46.2-341.25, 46.2-341.26:1 through 46.2-341.26:3 or 46.2-341.26:9 of the Code of Virginia or a parallel local ordinance.

"Department" means the Department of Forensic Science.

"Licensee" means a person holding a valid license from the department to perform a breath test of the type set forth within these regulations under the provisions of § 18.2-268.9, § 29.1-738.2 or § 46.2-341.26:9 of the Code of Virginia or a parallel local ordinance.

"Preliminary breath test device" means an instrument designed to perform a quantitative chemical test for alcohol on a sample of breath of a person suspected of an offense subjecting such person to the provisions of § 18.2-267, 29.1-738.1 or 46.2-341.25 of the Code of Virginia.

"Supplies and accessories" means any item, device, chemical, reagent, tube, mouthpiece, replacement part, or glassware, whether or not reusable, which is used in conjunction with a breath test device to determine the blood alcohol concentration of any person subject to the provisions of §§ 18.2-268.1 through 18.2-268.3, 18.2-268.9, 29.1-738.2, 46.2-341.26:1 through 46.2-341.26:3 or 46.2-341.26:9 of the Code of Virginia or a parallel local ordinance.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-10 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; Volume 21, Issue 2, eff. November 3, 2004; amended and renumbered as 6VAC40-20-10, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-20 Substantial compliance

These regulations and the steps set forth herein relating to the taking, handling, identification and disposition of breath samples, the testing of such samples, and the completion and filing of any form or record prescribed by these regulations are procedural in nature and not substantive. Substantial compliance therewith shall be deemed sufficient.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-20 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-20, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

Article 1 Breath Test Administrative Procedures

6VAC40-20-30 Breath test devices

Breath test devices shall be tested for accuracy by the department at least once every six months. All new breath test devices or those having been repaired by the manufacturer shall be tested for accuracy by the department before their return to service.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-30 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-30, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 24, Issue 26, eff. October 16, 2008.

6VAC40-20-40 Storage

The breath test device must be stored in a clean, dry location that is only accessible to licensees and to other authorized individuals.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-40 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-40, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-50 Care

Proper care shall be taken to ensure that the breath test device is kept free from excessive moisture, heat and dust.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-50 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 21, Issue 2, eff. November 3, 2004; amended and renumbered as 6VAC40-20-50, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-60 Modifications

No modifications shall be made to any breath test device by an agency without the written consent of the department.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-60 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-60, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-70 Use

The breath test device shall not be used for administration of tests for alcohol use pursuant to the Federal Omnibus Transportation Employees Testing Act of 1991, 49 CFR Part 40.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-70 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-70, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

Article 2 Approval of Breath Test Devices

6VAC40-20-80 Approval

All breath tests as prescribed in §§ 18.2-268.9, 29.1-738.2 and 46.2-341.26:9 of the Code of Virginia shall be performed on a breath test device approved by the department. Those breath test devices listed in the "Conforming Products List of Evidential Breath Measurement Devices" as established by the National Highway Traffic Safety Administration ("NHTSA"), United States Department of Transportation, or in such other list as may be established by NHTSA evidencing that such device meets criteria, standards or specifications promulgated by it, as published from time to time in the Federal Register, may be approved by the department as a breath test device. In approving such devices, the department will consider factors including, but not limited to, costs, maintenance, necessity of instruction and/or training by the department, ease of operation, availability of parts and service facilities, reliability, maintenance instruction and the historical performance record of the device.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-80 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-80, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-90 Publishing list of devices

The department shall periodically publish in the Virginia Register of Regulations a list of any device(s) approved for use as breath test device(s). Such list shall be published forthwith after any addition or deletion of any device(s) to or from the department's approved list. The department may, in addition, provide copies of its approved list to any agency subject to this chapter.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-90 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-90, Virginia Register Volume 22, Issue 10, eff. February 22, 2006. Publication of approved devices: General Notices, 24:18 VA.R. 2728 May 12, 2008; 26:4 VA.R. 442-443 October 26, 2009; 26:7 VA.R. 921-922 December 7, 2009; 29:2 VA.R. 334 September 24, 2012; 31:21 VA.R. 1888 June 15, 2015; 35:13 VA.R. 1833 February 18, 2019; 39:26 VA.R, 2893 August 14, 2023.

6VAC40-20-100 Publishing list of supplies

The department shall periodically publish in the Virginia Register of Regulations a list of any supplies and accessories approved for use with breath test devices that may be purchased by an agency. Such list shall be published forthwith after any addition or deletion of any supplies or accessories to or from the department's approved list. The department may, in addition, provide copies of its approved list to any agency subject to this chapter.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-100 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-100, Virginia Register Volume 22, Issue 10, eff. February 22, 2006. Publication of approved supplies: General Notices, 24:18 VA.R. 2728 May 12, 2008; 26:4 VA.R. 442 October 26, 2009; 26:7 VA.R. 921-922 December 7, 2009; 29:2 VA.R. 334 September 24, 2012; 31:21 VA.R. 1888 June 15, 2015; 35:13 VA.R. 1833 February 18, 2019; 39:26 VA.R. 2893 August 14, 2023.

Article 3 Methods of Conducting Breath Tests

6VAC40-20-110 Methods and procedures

The department shall approve such methods of performing breath tests as are demonstrated to the satisfaction of the department to produce accurate and reliable determinations in a reasonable, convenient and effective manner. The department approves the following breath test methods and procedures:

1. All breath test devices shall be operated in accordance with those sections of the instructional manual published by the department that are applicable to the particular breath test device. Licensees shall follow any additional instructions or modifications of instructions published by the department in supplements to the foregoing instructional manual.

2. The person to be tested shall be observed for at least 20 minutes prior to collection of the breath specimen, during which period the person must not have ingested fluids, regurgitated, vomited, eaten, or smoked. Should any of these actions occur, an additional 20-minute observation period must be performed.

3. The licensee shall verify that the breath test device is properly calibrated and in proper working order by conducting a room air blank analysis prior to analysis of the breath of the person and by conducting a validation test with a control sample as part of the test protocol.

4. The licensee must use only supplies and accessories issued by or approved by the department in conducting breath tests on approved breath test devices.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-110 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-110, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

Article 4 Licensing Procedures

6VAC40-20-120 Licensing procedures

A. The department shall issue, renew, terminate and revoke licenses for individuals to perform breath alcohol tests on the basis of standards set forth in this chapter.

B. Application for an initial license to perform breath tests shall be made in writing to the department. The applicant shall have the endorsement of the appropriate supervisory law-enforcement officer or designated representative unless an exception is granted by the department.

C. The initial licenses shall be granted to individuals who demonstrate the ability to perform breath tests accurately and reliably in accordance with the methods approved by the department.

D. Only individuals successfully completing a basic course of instruction shall be deemed to have demonstrated competence to qualify for the issuance of an initial license. Further instruction may be required by the department to qualify a licensee to perform tests using additional breath test devices.

E. Licenses shall be limited in scope to those breath test devices on which the individual applying for an initial or renewal license has demonstrated competence.

F. Licenses shall state the date upon which they are to expire, which date shall, in no event, be later than 24 months after the date of issuance. Licenses shall be subject to renewal at expiration or at such time prior to expiration as is convenient for the department on demonstration by the licensee of continuing competency to perform accurate and reliable breath tests. The department may at any time examine licensees to determine such continuing competency. Licenses may be terminated or revoked by the department at any time upon good cause shown.

G. Any individual whose license has expired may renew his license within one year after its expiration date by successfully completing a recertification class and by demonstrating his competence in the performance of breath tests. Any individual (i) who fails the recertification class or (ii) whose license has expired and who does not renew his license within one year after its expiration date may renew his license by again attending and successfully completing the basic course of instruction referred to in subsection D of this section and demonstrating competence in the performance of breath tests as otherwise required.

H. The failure of a licensee to comply with this chapter may be grounds for revocation of such individual's license.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-120 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-120, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 24, Issue 26, eff. October 16, 2008.

6VAC40-20-130 Certificates

The department shall issue, terminate and revoke instructor certificates for individuals to teach breath alcohol testing on the basis of the following standards:

1. The instructor certificate shall be granted only to individuals who (i) demonstrate the ability to teach the breath test method or methods approved by the department, (ii) possess a valid breath test license, and (iii) satisfactorily complete a course for Breath Alcohol Instructors. The department may issue instructor certificates to persons who have acquired the knowledge, skills and abilities by past experience or formal education. DFS has the authority to deny issuance of a certificate upon good cause shown.

2. Instructor certificates shall be limited in scope to the breath test devices for which the individual has demonstrated competence.

3. The department may at any time examine instructors to determine continuing ability.

4. Instructor certificates may be terminated or revoked by the department upon good cause shown.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-130 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-130, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 24, Issue 26, eff. October 16, 2008.

6VAC40-20-140 Revocation

Any revocation of a license or instructor certificate shall be by notice sent by registered or certified mail or equivalent delivery method from the department to the licensee or instructor.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-140 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-140, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 30, Issue 7, eff. January 17, 2014.

Article 5 Forms and Records

6VAC40-20-150 Records

The department shall download by modem, at least once each month, data from each breath test device assigned to an agency. The department shall keep this data on file for at least three years.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-150 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; Volume 21, Issue 2, eff. November 3, 2004; amended and renumbered as 6VAC40-20-150, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-160 Checklist

Breath test worksheets are provided to an agency by the department but may also be accessed and printed from the department's website.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-160 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; Errata, 20:8 VA.R. 850 December 29, 2003; amended, Virginia Register Volume 21, Issue 2, eff. November 3, 2004; amended and renumbered as 6VAC40-20-160, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 24, Issue 26, eff. October 16, 2008; Volume 30, Issue 7, eff. January 17, 2014.

6VAC40-20-170 Preliminary breath test device

All preliminary breath tests shall be performed on a preliminary breath test device approved by the department. Such devices shall offer convenience and efficiency in operation as determined by the department and shall also satisfy the requirements of either subdivision 1 or 2 of this section.

1. For instruments having a numeric readout, the device shall have a systematic error not exceeding ±10%.

2. For instruments having a pass/fail, colored light readout, the device shall satisfy the following specifications:

a. When a sample of breath is properly taken from a person with an actual blood alcohol concentration of 0.05% or less by weight by volume or 0.05 grams of alcohol per 210 liters of breath, the device shall not indicate a positive result.

b. When a sample of breath is properly taken from a person with an actual blood alcohol concentration of 0.08% or more by weight by volume or 0.08 grams of alcohol per 210 liters of breath, the device shall not indicate a negative result.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-170 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-170, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-180 List of preliminary devices

The department shall periodically publish in the Virginia Register of Regulations a list of devices approved for use as preliminary breath test devices. Such list shall be published forthwith after any addition or deletion of any device(s) to or from the department's approval list.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-180 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-180, Virginia Register Volume 22, Issue 10, eff. February 22, 2006. Publication of approved preliminary devices: General Notices, 24:18 VA.R. 2728 May 12, 2008; 26:4 VA.R. 442-443 October 26, 2009; 26:7 VA.R. 921-922 December 7, 2009; 29:2 VA.R. 334 September 24, 2012; 31:21 VA.R. 1888 June 15, 2015; 35:13 VA.R. 1833 February 18, 2019; 39:26 VA.R, 2893 August 14, 2023.

6VAC40-20-190 Operational procedures

All preliminary breath tests shall be conducted substantially in accordance with the operational procedures set forth in the instruction manual of the manufacturer of the instrument in use except as may be modified by the department.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-190 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-190, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-200 Preventive maintenance

It shall be the responsibility of each agency using preliminary breath test devices to provide preventive maintenance and repairs according to the manufacturer's instructions or procedures except as may be modified by the department.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-190-200 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-200, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

Chapter 30 Regulations for the Approval of Field Tests for Detection of Drugs

Part I Definitions

6VAC40-30-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Agency" means any federal, state, or local government law-enforcement organization in the Commonwealth.

"Approval authority" means the Director of the Department of Forensic Science or the director's designee.

"Department" means the Department of Forensic Science.

"Drug" means any controlled substance or imitation controlled substance, as defined in § 18.2-247 of the Code of Virginia, or "marijuana" as defined in §§ 4.1-600 and 18.2-247 of the Code of Virginia.

"Field test" means any presumptive chemical test or any presumptive mobile instrument used outside of a forensic laboratory environment to detect the presence of a drug.

"List of approved field tests" means a list of field tests approved by the department for use by law-enforcement agencies in the Commonwealth and periodically published by the department in the Virginia Register of Regulations in accordance with § 19.2-188.1 of the Code of Virginia.

"Manufacturer" means any entity that makes or assembles field tests to be used by any law-enforcement officer or agency in the Commonwealth for the purpose of detecting a drug.

"Manufacturers' instructions and claims" means those testing procedures, requirements, instructions, precautions, and proposed conclusions that are published by the manufacturer and supplied with the field tests.

"Street drug preparations" means any drug or combination of drugs and any other substance that has been encountered or is likely to be encountered by a law-enforcement officer as a purported drug in the Commonwealth.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 1VAC30-90-10 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-10, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-10, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 6, eff. January 3, 2014; Volume 37, Issue 1, eff. October 1, 2020; Volume 38, Issue 1, eff. September 30, 2021.

Part II Process for Approval of Field Tests

6VAC40-30-20 Authority for approval

Section 19.2-188.1 of the Code of Virginia provides that the Department of Forensic Science shall approve field tests for use by law-enforcement officers to enable them to testify to the results obtained in any preliminary hearing regarding whether any substance, the identify of which is at issue in such hearing, is a controlled substance or imitation controlled substance, as defined in § 18.2-247 of the Code of Virginia, or "marijuana" as defined in §§ 4.1-600 and 18.2-247 of the Code of Virginia.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 1VAC30-90-20 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-20, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-20, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 6, eff. January 3, 2014; Volume 38, Issue 1, eff. September 30, 2021.

6VAC40-30-30 Request for evaluation

A. Any manufacturer that wishes to submit field tests for evaluation shall submit a written request for evaluation to the department director at the following address:

Director

Department of Forensic Science

8850 Times Dispatch Boulevard, Suite 100

Mechanicsville, VA 23116

B. For presumptive chemical tests, materials sufficient for at least 10 tests shall be supplied for each drug for which the manufacturer requests evaluation. The materials shall include all instructions, precautions, color charts, flow charts, and other accompanying informational materials that are provided with the test and that describe the use and interpretation of the test. The manufacturer shall also include exact specifications as to the chemical composition of all chemical or reagents used in the presumptive chemical tests. These specifications shall include the volume or weight of the chemicals and the nature of their packaging. Safety Data Sheets for each chemical or reagent shall be sufficient for this purpose.

C. For presumptive mobile instruments, two nonsequentially manufactured instruments and supporting materials shall be supplied for each model for which the manufacturer requests evaluation. These materials shall include all instructions, all training materials regarding the use of the instrument by law enforcement, the instrument specifications, a list of compounds in the instrument's library, and any foundational validation studies. If the manufacturer provides training for users of the instruments beyond the written instructional materials, such training shall be made available for the evaluation. The instruments shall be returned to the manufacturer upon completion of the evaluation.

D. The department's evaluation process will require at least 120 days from the receipt of the written request and all needed materials from the manufacturer.

E. The department will use commonly encountered street drug preparations to examine those field tests submitted for evaluation. In order to be approved, the presumptive chemical test must correctly react in a clearly observable fashion to the naked eye and perform in accordance with manufacturers' instructions and claims. In order to be approved, the presumptive mobile instrument must perform in accordance with the manufacturer's instructions and advertised claims and offer convenience and efficiency in operation as determined by the department.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 1VAC30-90-20 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-30, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-30, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 30, Issue 6, eff. January 3, 2014; Volume 37, Issue 1, eff. October 1, 2020; Volume 42, Issue 19, eff. May 4, 2026.

6VAC40-30-40 Notice of decision

The department will notify each manufacturer in writing of the approval or disapproval of each field test for which evaluation was requested. Should any field test not be approved, the manufacturer may resubmit its request for evaluation of that field test according to the previously outlined procedures. Resubmitted requests for approval shall be accompanied by a detailed explanation of all modifications or changes to the field test, the field test instructions, or the manufacturer's claims since the department's most recent evaluation of the field test.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 1VAC30-90-20 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-40, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-40, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 30, Issue 6, eff. January 3, 2014; Volume 37, Issue 1, eff. October 1, 2020.

6VAC40-30-50 Maintenance of approved status

The department may require that a reevaluation be done as often as annually for routine purposes. If any modifications are made to any approved field test by the manufacturer, other than additions to the compounds in a presumptive mobile instrument's library, the department shall be notified in writing. These modifications shall include any chemical, procedural, instructional, or firmware or software modifications made to the field test. The department may require reevaluation of any approved field test upon receiving notification of any such modifications.

If unreported modifications are discovered by the department, the department may require a reevaluation of the approved field test at any time. The department shall notify the manufacturer in writing of this requirement.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 1VAC30-90-20 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-50, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-50, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 6, eff. January 3, 2014; Volume 37, Issue 1, eff. October 1, 2020.

6VAC40-30-60 Publication

Upon completion of such evaluations and in concurrence with the approval authority, the department will periodically publish a list of approved field tests in the General Notices section of the Virginia Register of Regulations. The department will also periodically publish the list on its website. The department may, in addition, provide copies of its approval list to any agency subject to this chapter. The department may share any information or data developed from this testing with these agencies.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 6VAC20-220-60 derived from Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-60, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 30, Issue 6, eff. January 3, 2014. Publication of approved field tests: General Notices, 19:23 VA.R. 3410-3411 July 28, 2003; 20:4 VA.R. 367-369 November 3, 2003; 20:13 VA.R. 1638-1640 March 8, 2004; 22:16 VA.R. 2395-2397 April 17, 2006; 22:23 VA.R. 3412-3416 July 24, 2006; 23:6 VA.R. 982-986 November 27, 2006; 24:2 VA.R. 247-251 October 1, 2007; 24:18 VA.R. 2723-2727 May 12, 2008; 27:15 VA.R. 1970-1977 March 28, 2011; 27:22 VA.R. 2434-2438 July 4, 2011; 28:5 VA.R. 552-556 November 7, 2011; 28:11 VA.R. 997-1002 January 30, 2012; 28:14 VA.R. 1270-1275 March 12, 2012; 29:3 VA.R. 635-640 October 8, 2012; 29:7 VA.R. 1346-1351 December 3, 2012; 29:23 VA.R. 2982-2991 July 15, 2013; 30:1 VA.R. 85-90 September 9, 2013; 30:6 VA.R. 793-799 November 18, 2013; 30:16 VA.R. 2254-2261 April 7, 2014; 30:23 VA.R. 2581-2587 July 14, 2014; 32:8 VA.R. 1507-1514 December 14, 2015; 32:13 VA.R. 2057-2067 February 22, 2016; 39:8 VA.R. 1190-1191 December 5, 2022; 39:9 VA.R. 1287 December 19, 2022; 39:12 VA.R. 1519-1523 January 30, 2023; 39:15 VA.R. 2073 March 13, 2023; 41:15 VA.R. XXXX March 10, 2025.

6VAC40-30-70 Liability

A. The department assumes no liability as to the safety of these field tests, any chemicals contained therein, or the procedures and instructions by which they are used.

B. The department further assumes no responsibility for any incorrect results or interpretations obtained from these field tests.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 1VAC30-90-20 derived from VR330-05-01 § 1, eff. April 8, 1992; amended and adopted as 6VAC20-220-70, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-70, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 30, Issue 6, eff. January 3, 2014; Volume 37, Issue 1, eff. October 1, 2020.

Part III Fees

6VAC40-30-80 Fees

For presumptive chemical tests, manufacturers shall pay the actual cost of each street drug preparation and will be charged a fee of $50 for each drug for which individual evaluation is requested. For presumptive mobile instruments, manufacturers shall pay the actual cost of each street drug preparation and a fee of $2,500 for each model of the presumptive mobile instrument for which evaluation is requested. The department will review the manufacturer's request and notify the manufacturer in writing of the amount due before the evaluation begins. Manufacturers who wish to withdraw a request for evaluation shall immediately notify the department in writing. The department's assessment of the amount of payment required will be based upon a detailed review of the manufacturer's request, and that amount will be final. The evaluation process will not be initiated before full payment is made to the Treasurer of Virginia.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Former 1VAC30-90-30 derived from VR330-05-01 § 3, eff. April 8, 1992; amended and adopted as 6VAC20-220-80, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-30-80, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 30, Issue 6, eff. January 3, 2014; Volume 37, Issue 1, eff. October 1, 2020.

Chapter 40 Regulations for the Implementation of the Law Permitting DNA Analysis Upon Arrest for All Violent Felonies and Certain Burglaries

Part I Definitions and General Provisions

6VAC40-40-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Arrestee" means a person arrested for a qualifying offense under § 19.2-310.2:1 of the Code of Virginia.

"Buccal sample" means a sample taken by swabbing the cheek inside an arrestee's mouth.

"Buccal sample kit" means a kit specified by the department for the collection of buccal cell samples.

"CCRE" means the Central Criminal Records Exchange operated by the Virginia State Police.

"Clerk" means the clerk of court of any general district, juvenile and domestic relations or circuit court in the Commonwealth, and includes deputy clerks.

"Data bank" means the database of DNA profiles from biological samples maintained by the department for convicted offenders and arrestees.

"Department" means the Department of Forensic Science.

"DNA" means deoxyribonucleic acid.

"DNA analysis" means analysis conducted on saliva or tissue samples to obtain a genetic profile of identification characteristics.

"DNA data bank sample tracking system" means an application that can be queried to determine whether an arrestee has a sample in the data bank.

"DNA sample" means a biological sample taken for DNA analysis.

"Document control number" means the number that is pre-printed on the fingerprint card (CCRE arrest forms SP179 and SP180) or assigned by Live-Scan.

"Qualifying offense" means an offense requiring a saliva or tissue sample to be taken upon arrest as described in § 19.2-310.2:1 of the Code of Virginia.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-10 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-10, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 39, Issue 4, eff. November 9, 2022.

6VAC40-40-20 Substantial compliance

These regulations and the procedures set forth herein relating to the taking, handling and identification of saliva or tissue samples, and the completion or filing of any form or record prescribed by these regulations, are procedural in nature and not substantive. Substantial compliance therewith shall be deemed sufficient.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-20 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-20, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

Part II Qualifying Offense Warrants

6VAC40-40-30 Qualifying offense warrants

All warrants for qualifying offenses shall contain the following language: "Take buccal sample if DNA data bank sample tracking system shows no DNA sample in Data Bank."

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-30 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-30, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 39, Issue 4, eff. November 9, 2022.

Part III DNA Data Bank Sample Tracking System

6VAC40-40-40 Use of DNA data bank sample tracking system

An Internet accessible DNA data bank sample tracking system developed by the department shall be used to determine if a DNA sample already exists in the data bank. Access to the system shall be granted by the department to all user agencies responsible for taking saliva or tissue samples from arrestees.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-40 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-40, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 29, Issue 19, eff. June 20, 2013; Volume 39, Issue 4, eff. November 9, 2022.

6VAC40-40-50 Screening for duplicates

Prior to taking the saliva or tissue sample, the DNA data bank sample tracking system shall be queried to determine if there is a DNA sample already in the data bank for the arrestee. If the DNA data bank sample tracking system indicates that a sample already exists in the data bank, no additional sample shall be taken. If the DNA data bank sample tracking system indicates no sample has been taken from the arrestee, a saliva or tissue sample shall be taken in accordance with the procedures outlined in this chapter.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-50 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-50, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; Volume 39, Issue 4, eff. November 9, 2022.

Part IV Procedures for Taking Saliva or Tissue Sample

6VAC40-40-60 Collection of samples

The samples shall be collected during booking by the sheriff's office, police department or regional jail responsible for booking upon arrest.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-60 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-60, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-40-70 Buccal sample kits

Saliva and tissue samples shall be collected using buccal sample kits specified and distributed by the department. Each buccal sample kit shall contain a submission form, at least one buccal sample collection device and instructions on the procedure for using the device. These instructions shall be followed when collecting the buccal samples.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-70 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-70, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-40-80 When buccal sample kits are unavailable

In circumstances where a buccal sample kit is unavailable, the department may accept samples collected without using the buccal sample collection devices contained in the buccal sample kits. These samples shall be collected through the use of sterile swabs and submitted in compliance with the requirements of 6VAC40-40-90.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-80 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-80, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 41, Issue 18, eff. June 5, 2025.

6VAC40-40-90 Sealing and labeling samples

All saliva and tissue samples collected shall be placed in sealed, tamper-resistant containers. Samples should be submitted using the prelog function of the DNA data bank sample tracking system. If unavailable, a completed submission form shall be submitted with the sample.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-90 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-90, Virginia Register Volume 22, Issue 10, eff. February 22, 2006; amended, Virginia Register Volume 41, Issue 18, eff. June 5, 2025.

6VAC40-40-100 Transportation of samples to the department

Samples shall be transported to the department in sealed containers not more than 15 days following collection. A copy of the arrest warrant or capias shall be included with the sample when it is transported to the department. Samples may be hand delivered or mailed to the department.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-100 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-100, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

Part V Notification of Final Disposition

6VAC40-40-110 Notification of final disposition

Timely submission of the final disposition of a qualifying offense to CCRE by the clerk shall satisfy the requirement that the clerk notify the department of final disposition of the criminal proceedings under § 19.2-310.2:1 of the Code of Virginia.

History

• Statutory Authority: § 9.1-1110 of the Code of Virginia.
• Historical Notes: Formerly 6VAC20-210-110 derived from Virginia Register Volume 20, Issue 23, eff. August 26, 2004; amended and renumbered as 6VAC40-40-110, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

Chapter 50 Regulations for the Approval of Marijuana Field Tests for Detection of Marijuana Plant Material

Part I Definitions

6VAC40-50-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Agency" means any federal, state, or local government law-enforcement organization in the Commonwealth.

"Approval authority" means the Director of the Department of Forensic Science or the director's designee.

"Cannabis plant material" means any part of the plant Cannabis sativa.

"Department" means the Department of Forensic Science.

"Industrial hemp" means industrial hemp as defined in § 3.2-4112 of the Code of Virginia.

"List of approved marijuana field tests" means a list of field tests approved by the department for use by law-enforcement agencies in the Commonwealth and periodically published by the department in the Virginia Register of Regulations in accordance with § 19.2-188.1 of the Code of Virginia.

"Manufacturer" means any entity that makes or assembles marijuana field tests to be used by any law-enforcement officer or agency in the Commonwealth for the purpose of detecting marijuana plant material.

"Manufacturer's instructions and claims" means those testing procedures, requirements, instructions, precautions, and proposed conclusions that are published by the manufacturer and supplied with the marijuana field tests.

"Marijuana" means marijuana as defined in § 4.1-600 of the Code of Virginia.

"Marijuana field test" means any chemical test, combination of chemical tests, or mobile instrument used outside of a forensic laboratory environment to detect the presence of marijuana plant material.

History

• Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 40, Issue 26, eff. September 11, 2024.

Part II Process for Approval of Field Tests

6VAC40-50-20 Authority for approval

Section 19.2-188.1 of the Code of Virginia provides that the Department of Forensic Science shall approve marijuana field tests for use by law-enforcement officers to enable them to testify to the results obtained in any trial for a violation of § 4.1-1105.1 of the Code of Virginia regarding whether or not any plant material, the identity of which is at issue, is marijuana.

History

• Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 40, Issue 26, eff. September 11, 2024.

6VAC40-50-30 Request for evaluation

A. Any manufacturer who wishes to submit marijuana field tests for evaluation pursuant to this chapter shall submit a written request for evaluation to the department director at the following address:

Director

Department of Forensic Science

700 8850 Times Dispatch Boulevard, Suite 100

Mechanicsville, VA 23116

B. For chemical tests, materials sufficient for at least 20 marijuana field tests shall be supplied by each manufacturer. The materials shall include any foundational validation studies and all instructions, precautions, color charts, flow charts, and the like that are provided with the marijuana field test and that describe the use and interpretation of the tests. The manufacturer shall also include exact specifications as to the chemical composition of all chemicals or reagents, if any, used in the marijuana field tests. These shall include the volume or weight of the chemicals and the nature of their packaging. Safety data sheets for each chemical reagent shall be sufficient for this purpose.

C. For mobile instruments, two nonsequentially manufactured instruments and supporting materials shall be supplied for each model for which the manufacturer requests evaluation. These materials shall include all instructions, all training materials regarding the use of the instruments by law enforcement, the instrument specifications, and any foundational validation studies. If the manufacturer provides training for users of the instruments beyond the written instructional materials, such training shall be made available for the evaluation. The instruments shall be returned to the manufacturer upon completion of the evaluation.

D. The department's evaluation process may require up to 90 days from the receipt of the written request and all needed materials from the manufacturer.

E. The department will use Cannabis plant material, including both marijuana and industrial hemp, to assess those marijuana field tests submitted for evaluation. In order to be approved, the marijuana field test must correctly and consistently react in a clearly observable fashion and distinguish marijuana from industrial hemp. The field test must perform in accordance with manufacturer's instructions and claims and offer convenience and efficiency in operation as determined by the department.

History

• Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 40, Issue 26, eff. September 11, 2024; Volume 42, Issue 19, eff. May 4, 2026.

6VAC40-50-40 Notice of decision

The department will notify each manufacturer in writing of the approval or disapproval of each marijuana field test for which evaluation was requested. Should any marijuana field test not be approved, the manufacturer may resubmit its request for evaluation of that marijuana field test according to the previously outlined procedures along with a detailed explanation of all alterations or changes to the test or related instructions or claims since the department's most recent evaluation of the marijuana field test.

History

• Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 40, Issue 26, eff. September 11, 2024.

6VAC40-50-50 Maintenance of approved status

The department may require that this evaluation be done as often as annually for routine purposes. If any modifications are made to an approved marijuana field test by the manufacturer, the department shall be notified in writing of the changes. If unreported modifications are discovered by the department, the department may require that evaluations be repeated for the particular manufacturer's approved marijuana field tests. The department shall notify the manufacturer in writing of this requirement. Any modified marijuana field test must be approved before it can be used in accordance with § 19.2-188.1 of the Code of Virginia. These changes shall include any chemical, procedural, instructional, firmware, or software modifications made to the marijuana field test.

History

• Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 40, Issue 26, eff. September 11, 2024.

6VAC40-50-60 Publication

Upon completion of such evaluations and in concurrence with the approval authority, the department will periodically publish a list of approved marijuana field tests in the General Notices section of the Virginia Register of Regulations. The department will also periodically publish the list on its website. The department may, in addition, provide copies of its approved list to any law-enforcement agency. The department may share any information or data developed from this testing with these agencies.

History

• Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014. Publication of approved marijuana field tests: General Notices, 22:23 VA.R. 3412 July 24, 2006; 24:18 VA.R. 2727-2728 May 12, 2008; 26:15 VA.R. 2308 March 29, 2010; 30:23 VA.R. 2580 July 14, 2014; 33:25 VA.R. 2854 August 7, 2017; 38:18 VA.R. 2420 April 25, 2022.

6VAC40-50-70 Liability

A. The department assumes no liability as to the safety of these marijuana field tests, any chemicals contained therein, or the procedures and instructions by which they are used.

B. The department further assumes no responsibility for any misuse or incorrect interpretation of results.

History

• Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 40, Issue 26, eff. September 11, 2024.

Part III Fees

6VAC40-50-80 Fees

For chemical tests, manufacturers will be charged a fee of $100 for each marijuana field test for which individual evaluation is requested. For mobile instruments, manufacturers will be charged a fee of $500 for each model of the mobile instrument for which evaluation is requested. Manufacturers will also be charged the cost to the department, if any, of obtaining marijuana and industrial hemp samples for the evaluation. The department will review the manufacturer's request and notify the manufacturer in writing of the amount due before evaluation begins. Manufacturers who wish to withdraw a request for evaluation shall immediately notify the department in writing. The department's assessment of the amount of payment required will be based upon a detailed review of the manufacturer's request and that amount will be final. The evaluation process will not be initiated before full payment is made to the Treasurer of Virginia.

History

• Statutory Authority: §§ 9.1-1110 and 19.2-188.1 of the Code of Virginia.
• Historical Notes: Derived from Virginia Register Volume 24, Issue 9, eff. February 6, 2008; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 40, Issue 26, eff. September 11, 2024.