Va. Admin. Code tit. 6, agency 20

Current through Register Vol. 41, No. 6, November 4, 2024
Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES

AGENCY SUMMARY

The Department of Criminal Justice Services (DCJS), under the direction of its policy-making body, the Criminal Justice Services Board, is an agency within the Secretariat of Public Safety. DCJS is charged with planning and carrying out programs and initiatives to improve the functioning and effectiveness of the criminal justice system as a whole and is authorized to promulgate regulations for the administration of its responsibilities. Code of Virginia, Title 9.1, Chapter 1, Article 1.

The agency's primary constituents are local and state criminal justice agencies and practitioners, private agencies, private security practitioners and businesses, and the public-at-large. Other constituents include local governments and state agencies, the federal government and advocacy groups/associations.

The department provides planning, coordination, program development, program evaluation, information systems development, data and policy analysis, technical and financial assistance, and training for criminal justice system personnel. It also establishes training standards for law-enforcement officers and other criminal justice personnel; regulates private security services business personnel, bail bondsmen, bail enforcement agents, and special conservators of the peace, and establishes standards governing the privacy and security of criminal history record information for and among state and local public agencies and private agencies throughout the Commonwealth.

The department is responsible for administering certain state and federal funds made available for improving the effectiveness and efficiency of the criminal and juvenile justice systems. The board is authorized to adopt and the department to administer rules and regulations governing the allocation and expenditure of such funds. Code of Virginia, Title 9.1, Chapter 1, Articles 1 and 7.

The department is also responsible for determining the allocation of state aid to localities for law-enforcement expenditures. Code of Virginia, §§ 9.1-165 9.1-172.The board is authorized to establish compulsory minimum entry level, in-service and advanced training standards for state, local, and private law-enforcement officers, undercover investigative officers, courthouse and courtroom security officers, jailers or custodial officers of local criminal justice agencies, correctional officers of the Department of Corrections, juvenile corrections officers of the Department of Juvenile Justice, dispatchers employed by or in local and state law-enforcement agencies, speed measurement operators, and deputy sheriffs designated to serve process. The board is also authorized to establish minimum training standards and qualifications for certification and recertification for law-enforcement officers serving as field training officers and compulsory minimum qualifications for the certification and recertification of instructors in criminal justice training schools approved by the department. The board and the department are authorized to establish time requirements for the completion of training and set guidelines as to how required training may be secured, and may require agencies to submit reports and information as necessary. The board and department are also authorized to establish and maintain training programs and institutions. Code of Virginia, § 9.1-102 et seq.

The board and department are authorized to establish training standards and publish model policies for law-enforcement personnel in certain areas such as handling family abuse, domestic violence, sexual assault and stalking cases, including standards for determining the predominant physical aggressor in accordance with § 19.2-81.3, communicating with and facilitating the safe return of individuals diagnosed with Alzheimer's disease and ensuring awareness of cultural diversity. Code of Virginia, § 9.1-102 et seq.

The board is authorized to issue regulations establishing compulsory minimum, entry level, in-service and advanced training standards, administrative requirements, and standards of conduct for private security services business personnel and for private security services training schools and instructors. Code of Virginia, §§ 9.1-138 - 9.1-150

The board is authorized to issue regulations establishing compulsory minimum, entry level and in-service training standards, administrative requirements, standards of conduct and bail recovery requirements for property and surety bail bondsman, bail bondsman agents and bail enforcement agents. Code of Virginia, § 9.1-102 and §§ 9.1-185 9.1-186.13.

The board is authorized to issue regulations establishing compulsory minimum, entry level, and in-service training standards, administrative requirements, and standards of conduct for special conservators of the peace appointed under Code of Virginia § 19.2-13.C ode of Virginia, §§ 9.1-150.1 9.1-150.4

The department is authorized to establish, in consultation with the Department of Education and the Virginia State Crime Commission, compulsory minimum standards for employment and job-entry and in-service training curricula and certification requirements for school security officers and campus security officers. Code of Virginia, § 9.1-102

The department is authorized to promulgate regulations governing the provisions of funds to local governments for operating victim and witness assistance programs. Code of Virginia, § 9.1-104

The board is authorized to promulgate regulations establishing minimum standards for certification of crime prevention specialists. Code of Virginia, § 9.1-161.

The department is authorized to promulgate regulations to administer the Court-Appointed Special Advocate Program to provide advocacy services upon request of the court to children who are subjects of abuse and neglect cases that are before the juvenile court. These services are provided by volunteer court-appointed special advocates who must meet the qualifications established by department regulations. The regulations establish program management guidelines and standards for basic and ongoing training of these advocates. Code of Virginia, §§ 9.1-151 9.1-157

The board is responsible for providing the coordination of a statewide criminal justice information system. The department has developed and maintains public domain software to assist in decision making and the implementation of new technology appropriate for criminal justice applications.

The board and the department are authorized to establish guidelines, standards and procedures for the collection, storage and dissemination of criminal history record information and correctional status information, including regulations pertaining to sealing and purging criminal history record information and an individual's right of access to his own criminal history record. The board may review an agency's refusal to modify or correct an individual's criminal history record. Code of Virginia, § 9.1-102; §§ 19.2-392.1 19.2-392.4

The board is authorized to issue regulations for the conduct of audits of criminal justice agencies to ensure compliance of an agency's criminal justice information system with established procedures and guidelines. Code of Virginia, § 9.1-131T he board is authorized to promulgate regulations for the forfeited drug asset sharing program. Code of Virginia, Title 19.2, Chapter 22.1.

The board is authorized to prescribe standards for the development, implementation, operation and evaluation of local community-based probation and pretrial services agencies and facilities authorized under the Comprehensive Community Corrections Act for Local-Responsible Offenders and the Pretrial Services Act. Code of Virginia, §§ 9.1-175 and 19.2-152.3.

The board is authorized to register tow truck drivers in accordance with § 46.2-116.C ode of Virginia § 9.1-102.

The department operates under the supervision of the Secretary of Public Safety. Regulations for the department are available at the Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219. Internet address: http://www.dcjs.virginia.gov

Rev 3/2013

Va. Admin. Code tit. 6, agency 20