reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-116. Exemptions of certain persons from certain training requirements

The Director of the Department, with the approval of the Board, may exempt a chief of police or any law-enforcement officer or any courthouse and courtroom security officer, jail officer, dispatcher, process server, or custodial officer or corrections officer of the Commonwealth or any political subdivision who has demonstrated sensitivity to cultural diversity issues and had previous experience and training as a law-enforcement officer, courthouse and courtroom security officer, jail officer, dispatcher, process server or custodial officer or corrections officer with any law-enforcement or custodial agency, from the mandatory attendance of any or all courses which are required for the successful completion of the compulsory minimum training standards established by the Board.
The Director and Board shall exempt a law-enforcement officer who has demonstrated sensitivity to cultural diversity issues, had previous experience and training as a law-enforcement officer, is currently receiving or is eligible to receive a service retirement allowance in accordance with § 51.1-155, and has a break in service of no longer than 60 calendar months between retirement and such new employment as a law-enforcement officer from the mandatory attendance of all courses that are required for the successful completion of the compulsory minimum training standards established by the Board.
The exemption authorized by this section shall be available to all law-enforcement officers, courthouse and courtroom security officers, jail officer, dispatchers, process servers and custodial officers, and corrections officers, regardless of any officer's date of initial employment, and shall entitle the officer when exempted from mandatory attendance to be deemed in compliance with the compulsory minimum training standards and eligible for the minimum salary established pursuant to Article 3 (§ 15.2-1609 et seq.) of Chapter 16 of Title 15.2, provided that the officer is otherwise qualified.
1981, c. 632, § 9-173; 1984, c. 515; 1988, c. 138; 2001, cc. 162, 844; 2022, c. 704.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-116.1. Virginia Sexual and Domestic Violence Victim Fund; purpose; guidelines

A. There is created the Virginia Sexual and Domestic Violence Victim Fund as a special nonreverting fund to be administered by the Department of Criminal Justice Services to support the prosecution of domestic violence cases and victim services.
B. The Department shall adopt guidelines, the purpose of which shall be to make funds available to (i) local attorneys for the Commonwealth for the purpose of funding the cost of additional attorneys or to further dedicate existing resources to prosecute felonies and misdemeanors involving domestic violence, sexual violence, sexual abuse, stalking, and family abuse; (ii) law-enforcement authorities or appropriate programs, including civil legal assistance, to assist in protecting and providing necessary services to victims of and children affected by domestic violence, sexual abuse, stalking, and family abuse; and (iii) sexual assault service providers and hospitals for the purpose of funding the cost of salaries and equipment for sexual assault forensic examiners, sexual assault nurse examiners, and pediatric sexual assault nurse examiners, with priority for funding such costs given to such forensic examiners and nurse examiners serving rural or underserved areas of the Commonwealth.
C. A portion of the sum collected pursuant to § 16.1-69.48:1 as specified in that section shall be deposited into the state treasury to the credit of this Fund in addition to any other moneys appropriated, allocated or received specifically for such purpose. The Fund shall be distributed according to grant procedures adopted pursuant to this section and shall be established on the books of the Comptroller. Any funds remaining in such Fund at the end of the biennium shall not revert to the general fund but shall remain in the Fund. Interest earned on the Fund shall be credited to the Fund.
D. The Department shall establish a grant procedure to govern funds awarded for this purpose.
2004, c. 375; 2006, c. 288; 2022, c. 210.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-116.4. Virginia Prevention of Sex Trafficking Fund; purpose; guidelines

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Prevention of Sex Trafficking Fund (the Fund). The Fund shall be established on the books of the Comptroller. All moneys accruing to the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used for the purpose of promoting prevention and awareness of sex trafficking. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department.
B. The Fund shall be administered by the Department, and the Department shall adopt guidelines to make funds available to agencies of the state and local governments for the purpose of promoting awareness of and preventative training and education related to sex trafficking.
2019, c. 728.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-116.5. Sex Trafficking Response Coordinator; duties; report

A. There is established within the Department a Sex Trafficking Response Coordinator (the Coordinator). The Coordinator shall:
1. Create a statewide plan for local and state agencies to identify and respond to victims of sex trafficking;
2. Coordinate the development of standards and guidelines for treatment programs for victims of sex trafficking;
3. Maintain a list of programs that provide treatment or specialized services to victims of sex trafficking and make such list available to law-enforcement agencies, attorneys for the Commonwealth, crime victim and witness assistance programs, the Department of Juvenile Justice, the Department of Social Services, the Department of Education, and school divisions;
4. Oversee the development of a curriculum to be completed by persons convicted of solicitation of prostitution under § 18.2-346.01; and
5. Promote strategies for the education, training, and awareness of sex trafficking and for the reduction of demand for commercial sex.
B. The Coordinator may request and shall receive from every department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party or any political subdivision thereof, cooperation and assistance in the performance of its duties. The Coordinator may also consult and exchange information with local government agencies and interested stakeholders.
C. The Coordinator shall report annually on or before October 1 to the Governor and the General Assembly. The report shall include a summary of activities for the year and any recommendations to address sex trafficking within the Commonwealth. The Department shall ensure that such report is available to the public.
2019, cc. 486, 514; 2021, Sp. Sess. I, c. 188.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-116.6. Virginia Gun Violence Intervention and Prevention Fund; purpose; guidelines

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Gun Violence Intervention and Prevention Fund (the Fund). The Fund shall be established on the books of the Comptroller. All moneys accruing to the Fund, including funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used for the purpose of supporting gun violence intervention and prevention programs. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department.
B. The Fund shall be administered by the Department, and the Department shall adopt guidelines to make funds available to agencies of local government, community-based organizations, and hospitals for the purpose of supporting implementation of evidence-informed gun violence intervention and prevention efforts, including street outreach, hospital-based violence intervention, and group violence intervention programs.
C. The Department shall establish a grant procedure to govern funds awarded for this purpose.
2020, cc. 818, 1129.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-116.8. (Effective July 1, 2024) Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of funding and supporting the planning and implementation of locally administered jail-based addiction recovery and substance use disorder treatment and transition programs in local and regional jails. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department or his designee.
B. The Fund shall be administered by the Department, and the Department shall adopt guidelines, in consultation with the Virginia Sheriffs' Association and the Virginia Association of Regional Jails, to make funds available to local and regional jails for the planning or operation of substance use disorder treatment services and transition services for persons with substance use disorder who are incarcerated in local and regional jails. The guidelines shall direct the distribution of funds to programs including medical assisted treatment therapies, addiction recovery and other substance use disorder services, or reentry and transitional support.
C. The Department shall establish a grant procedure, in consultation with the Virginia Sheriffs' Association and the Virginia Association of Regional Jails, to govern funds awarded for this purpose. No grant funds shall be used by the grantee to supplant funding for an existing program.
2023, cc. 649, 650.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-126. Application and construction of article

A. This article shall apply to original or copied criminal history record information, maintained by a criminal justice agency of (i) the Commonwealth or its political subdivisions and (ii) the United States or another state or its political subdivisions which exchange such information with an agency covered in clause (i), but only to the extent of that exchange.
B. The provisions of this article shall not apply to original or copied (i) records of entry, such as police blotters, 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, (ii) court records of public criminal proceedings, including opinions and published compilations thereof, (iii) 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, (iv) statistical or analytical records or reports in which individuals are not identified and from which their identities cannot be ascertained, (v) announcements of executive clemency, pardons, or removals of political disabilities, (vi) posters, announcements, or lists for identifying or apprehending fugitives or wanted persons, (vii) criminal justice intelligence information, or (viii) criminal justice investigative information. Except as provided in §§ 15.2-1722, 16.1-299, and 19.2-390, 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, when such information is already available and readily accessible from another criminal justice agency.
C. Nothing contained in this article 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.
1981, c. 632, § 9-184; 2001, c. 844; 2007, c. 389.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-128. (For contingent expiration date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Dissemination of criminal history record information; Board to adopt regulations and procedures

A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only in accordance with § 19.2-389.
B. The Board shall adopt regulations and procedures for the interstate dissemination of criminal history record information by which criminal justice agencies of the Commonwealth shall ensure that the limitations on dissemination of criminal history record information set forth in § 19.2-389 are accepted by recipients and will remain operative in the event of further dissemination.
C. The Board shall adopt regulations and procedures for the validation of an interstate recipient's right to obtain criminal history record information from criminal justice agencies of the Commonwealth.
1981, c. 632, §§ 9-187, 9-188; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-128. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Dissemination of criminal history record information; Board to adopt regulations and procedures

A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only in accordance with § 19.2-389.
B. The Board shall adopt regulations and procedures for the interstate dissemination of criminal history record information by which criminal justice agencies of the Commonwealth shall ensure that the limitations on dissemination of criminal history record information set forth in § 19.2-389 are accepted by recipients and will remain operative in the event of further dissemination.
C. The Board shall adopt regulations and procedures for the validation of an interstate recipient's right to obtain criminal history record information from criminal justice agencies of the Commonwealth.
1981, c. 632, §§ 9-187, 9-188; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-129. Participation of state and local agencies in interstate system; access to system limited

A. The Board shall regulate participation of state and local agencies in any interstate system for the exchange of criminal history record information and shall be responsible for ensuring the consistency of such participation with the terms and purposes of this article. The Board shall have no authority to compel any agency to participate in any such interstate system.
B. Direct access to any such system shall be limited to the criminal justice agencies expressly designated for that purpose by the Board.
1981, c. 632, § 9-189; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-130. Procedures to be adopted by agencies maintaining criminal justice information systems

Each criminal justice agency maintaining and operating a criminal justice information system shall adopt procedures reasonably designed to ensure:
1. The physical security of the system and the prevention of unauthorized disclosure of the information in the system;
2. The timeliness and accuracy of information in the system;
3. That all criminal justice agencies to which criminal offender record information is disseminated or from which it is collected are currently and accurately informed of any correction, deletion, or revision of such information;
4. Prompt purging or sealing of criminal offender record information when required by state or federal statute, regulation, or court order;
5. Use or dissemination of criminal offender record information by criminal justice agency personnel only after it has been determined to be the most accurate and complete information available to the criminal justice agency.
1981, c. 632, § 9-191; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-131. Annual audits

The Board shall ensure that annual audits are conducted of a representative sample of state and local criminal justice agencies to ensure compliance with this article and Board regulations. The Board shall adopt such regulations as may be necessary for the conduct of audits, the retention of records to facilitate such audits, the determination of necessary corrective actions, and the reporting of corrective actions taken.
1981, c. 632, § 9-186; 1984, cc. 30, 734; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-133. Certain information not subject to review or correction

A. Background checks for security clearances and investigative information not connected with a criminal prosecution or litigation including investigations of rule infractions in correctional institutions shall not be subject to review or correction by data subjects.
B. Correctional information about an offender including counselor reports, diagnostic summaries and other sensitive information not explicitly classified as criminal history record information shall not be subject to review or correction by data subjects.
1981, c. 632, § 9-193; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-134. (For contingent expiration see Acts 2021, Sp. Sess. I, cc. 524 and 542) Sealing of criminal history record information

The Board shall adopt procedures reasonably designed to (i) ensure prompt sealing or purging of criminal history record information when required by state or federal law, regulation or court order, and (ii) permit opening of sealed information under conditions authorized by law.
1981, c. 632, § 9-190; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-134. (For contingent effective date, see Acts 2021, Sp. Sess. I, cc. 524 and 542) Sealing of criminal history record information

The Board shall adopt procedures reasonably designed to (i) ensure prompt sealing or purging of criminal history record information when required by state or federal law, regulation or court order, and (ii) permit opening of sealed information under conditions authorized by law.
1981, c. 632, § 9-190; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-135. Civil remedies for violation of this chapter or Chapter 23 of Title 19.2

A. Any person may institute a civil action in the circuit court of the jurisdiction in which the Board has its administrative headquarters, or in the jurisdiction in which any violation is alleged to have occurred:
1. For actual damages resulting from violation of this article or to restrain any such violation, or both.
2. To obtain appropriate equitable relief against any person who has engaged, is engaged, or is about to engage in any acts or practices in violation of Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, this chapter or rules or regulations of the Board.
B. This section shall not be construed as a waiver of the defense of sovereign immunity.
1981, c. 632, § 9-194; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-136. Criminal penalty for violation

Any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates or seeks to disseminate criminal history record information to any agency or person in violation of this article or Chapter 23 (§ 19.2-387 et seq.) of Title 19.2, shall be guilty of a Class 2 misdemeanor.
1981, c. 632, § 9-195; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-137. Article to control over other laws; exceptions

A. In the event any provisions of this article conflict with other provisions of law, the provision of this article shall control, except as provided in subsection B.
B. Notwithstanding the provisions of subsection A, this article shall not alter, amend, or supersede any provisions of the Code of Virginia relating to the collection, storage, dissemination, or use of juvenile records.
1981, c. 632, § 9-196; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-140.01. Exemption from training requirements; central station dispatchers employed by central stations certified by a Nationally Recognized Testing Laboratory

Central station dispatchers employed by a central station that is certified by a Nationally Recognized Testing Laboratory (NRTL) shall be exempt from the training requirements of this article. For the purposes of this section, "Nationally Recognized Testing Laboratory" means the designation given by the federal Occupational Safety and Health Administration (OSHA) to a private sector testing facility that provides product safety testing and certification services.
2014, c. 610.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-140.1. Registration; waiver of examination; locksmiths

Notwithstanding any other provision of this article, unless an applicant is found by the Board to have engaged in any act that would constitute grounds for disciplinary action, the Board shall issue a registration, without examination, to any applicant who provides satisfactory proof to the Board of having been actively and continuously providing locksmith services immediately prior to July 1, 2008, for at least two years.
2008, c. 638.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-143. Private Security Services Advisory Board; membership

The Private Security Services Advisory Board is established as an advisory board within the meaning of § 2.2-2100, in the executive branch of state government. The Private Security Services Advisory Board shall consist of 15 members as follows: two members shall be private investigators; two shall be representatives of electronic security businesses; two members shall be representatives of locksmith businesses; three shall be representatives of private security services businesses providing security officers, armed couriers, detector canine handlers, or security canine handlers; one shall be a representative of a private security services business providing armored car personnel; one shall be a representative of a private security services business involving personal protection specialists; one shall be a certified private security services instructor; one shall be a special conservator of the peace appointed pursuant to § 19.2-13; one shall be a licensed bail bondsman and one shall be a representative of law enforcement. The Private Security Services Advisory Board shall be appointed by the Criminal Justice Services Board and shall advise the Criminal Justice Services Board on all issues relating to regulation of private security services businesses.
1976, c. 737, § 54-729.30; 1977, c. 376, § 54.1-1904; 1984, cc. 57, 779; 1985, c. 448; 1988, c. 765; 1992, c. 578, § 9-183.5; 1994, c. 810; 1997, c. 79; 2001, c. 844; 2003, c. 922; 2004, c. 460; 2008, c. 638; 2009, c. 375.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-144. Insurance required

In order for his license or certificate to be operative, any person licensed as a private security services business under subsection A of § 9.1-139 or certified as a private security services training school under subsection B of § 9.1-139 shall file with the Department evidence of a policy of liability insurance in an amount and with coverage as fixed by the Department. The liability insurance shall be maintained for so long as the licensee or certificate holder is licensed or certified by the Department.
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 a reasonable amount to be fixed by the Department, evidence of which shall be provided to the private security services business prior to the hiring of such independent contractor pursuant to subsection C of § 9.1-139.
1976, c. 737, § 54-729.31; 1988, c. 765, § 54.1-1905; 1992, c. 578, § 9-183.6; 1998, cc. 122, 807; 2001, c. 844; 2015, c. 202; 2018, c. 214.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-145. Fingerprints required; penalty

A. Each applicant for initial registration, licensure or certification as a compliance agent, private security services training school or instructor or unarmed security officer under the provisions of this article and every person employed as an electronic security employee or electronic security technician's assistant shall submit his fingerprints to the Department on a form provided by the Department. The Department shall use the applicant's fingerprints and personal descriptive information for the conduct of a National Criminal Records search and a Virginia Criminal History Records search.
B. Each currently certified unarmed security officer applying for renewal between January 1, 2003, and December 31, 2004, shall submit his fingerprints to the Department on a form provided by the Department. The Department shall use the applicant's fingerprints and personal descriptive information for the conduct of a National Criminal Records search and a Virginia Criminal History Records search.
C. The Department may suspend the registration, license or certification of any applicant who is subsequently convicted of a misdemeanor involving (i) moral turpitude, (ii) assault and battery, (iii) damage to real or personal property, (iv) controlled substances or imitation controlled substances as defined in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, (v) prohibited sexual behavior as described in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or (vi) firearms or any felony.
D. Any person willfully and intentionally making a false statement in the personal descriptive information required on the fingerprint card is guilty of a Class 5 felony.
1976, c. 737, § 54-729.32; 1988, c. 765, § 54.1-1906; 1992, c. 578, § 9-183.7; 1994, c. 810; 1995, c. 79; 1998, cc. 122, 807; 2001, c. 844; 2002, cc. 578, 597.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-146. Limitation on powers of registered armed security officers

Compliance with the provisions of this article shall not itself authorize any person to carry a concealed weapon or exercise any powers of a conservator of the peace. A registered armed security officer of a private security services business while at a location which the business is contracted to protect shall have the power to effect an arrest for an offense occurring (i) in his presence on such premises or (ii) in the presence of a merchant, agent, or employee of the merchant the private security business has contracted to protect, if the merchant, agent, or employee had probable cause to believe that the person arrested had shoplifted or committed willful concealment of goods as contemplated by § 18.2-106. For the purposes of § 19.2-74, a registered armed security officer of a private security services business shall be considered an arresting officer.
1976, c. 737, § 54-729.33; 1978, c. 560, § 54.1-1907; 1980, c. 425; 1988, cc. 48, 765; 1992, c. 578, § 9-183.8; 1994, c. 45; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-147. Unlawful conduct generally; penalty

A. It shall be unlawful for any person to:
1. Practice any trade or profession licensed, certified or registered under this article without obtaining the necessary license, certification or registration required by statute or regulation;
2. Materially misrepresent facts in an application for licensure, certification or registration;
3. Willfully refuse to furnish the Department information or records required or requested pursuant to statute or regulation; and
4. Violate any statute or regulation governing the practice of the private security services businesses or training schools regulated by this article.
B. Any person who is convicted of willful violation of subsection A shall be guilty of a Class 1 misdemeanor. Any person convicted of a third or subsequent offense under this section during a thirty-six-month period shall be guilty of a Class 6 felony.
1992, c. 578, § 9-183.11; 1998, cc. 122, 807; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-148. Unlawful procurement of a license; penalty

A. It shall be unlawful for any person to:
1. Procure, or assist another to procure, through theft, fraud or other illegal means, a registration or license, by giving to, or receiving from, any person any information, oral, written or printed, during the administration of the examination, which is intended to, or will, assist any person taking the examination in passing the examination and obtaining the required registration or license;
2. Attempt to procure, through theft, fraud or other illegal means, any questions intended to be used by the Department conducting the examination, or the answers to the questions;
3. Promise or offer any valuable or other consideration to a person having access to the questions or answers as an inducement to procure for delivery to the promisor, or any other person, a copy of any questions or answers.
B. No person, other than a designee of the Department, shall procure or have in his possession prior to the beginning of an examination, without written authority of the Department, any question intended to be used by the Department, or receive or furnish to any person taking the examination, prior to or during the examination, any written or printed material purporting to be answers to, or aid in answering such questions;
C. If an examination is divided into separate parts, each of the parts shall be deemed an examination for the purposes of this section.
D. Any person convicted of a violation of subsections A or B shall be guilty of a Class 2 misdemeanor.
1992, c. 578, § 9-183.10; 2001, c. 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-149. Unlicensed activity prohibited; penalty

A. No person:
1. Required to possess a registration under subsection C of § 9.1-139 shall be employed by a private security services business, except as provided in this article, as armored car personnel, courier, armed security officer, security canine handler, personal protection specialist, private investigator, alarm respondent, central station dispatcher, electronic security sales representative or electronic security technician without possessing a valid registration.
2. Licensed or required to be licensed under subsection A of § 9.1-139 shall employ or otherwise utilize, except as provided in this article, as armored car personnel, courier, armed security officer, security canine handler, personal protection specialist, private investigator, alarm respondent, central station dispatcher, electronic security sales representative or electronic security technician, any person not possessing a valid registration.
3. Required to possess an instructor certification under subsection D of § 9.1-139 shall provide mandated instruction, except as provided in § 9.1-141 and Board regulations, without possessing a valid private security instructor certification.
4. Certified or required to be certified as a private security services training school under subsection B of § 9.1-139 shall employ or otherwise utilize, except as provided in § 9.1-141 and Board regulations, as a private security instructor, any person not possessing a valid instructor certification.
B. No compliance agent employed or otherwise utilized by a person licensed or required to be licensed under subsection A of § 9.1-139 shall:
1. Employ or otherwise utilize as an unarmed security officer, except as provided in this article, any individual for whom the compliance agent does not possess documentary evidence of compliance with, or exemption from, the compulsory minimum training standards established by the Board for unarmed security officers and before January 1, 2003, maintain documentary evidence that an investigation to determine suitability has been conducted.
2. Employ or otherwise utilize as an electronic security technician's assistant, except as provided in this article, any individual for whom the compliance agent does not possess documentary evidence of compliance with, or exemption from, the compulsory minimum training standards established by the Board for electronic security technician's assistants.
C. Any person convicted of a violation of subsections A or B shall be guilty of a Class 1 misdemeanor.
1976, c. 737, § 54-729.34; 1980, c. 425, § 54.1-1908; 1988, cc. 48, 765; 1992, c. 578, § 9-183.9; 1994, cc. 45, 810; 1995, c. 79; 1998, cc. 122, 807; 2001, c. 844; 2002, cc. 578, 597.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-149.1. Unlawful advertisement for regulated services; notice; penalty

A. It shall be unlawful for any person to place before the public through any medium an advertisement for services in the Commonwealth requiring a license, certification, or registration under this article unless the individual who will perform such services possesses the necessary license, certification, or registration at the time of the posting.
B. Whenever the Board receives information that an advertisement has been placed in violation of this section, the Board shall provide notice to the entity publishing the advertisement to the public.
C. Any person who is convicted of a violation of subsection A is guilty of a Class 1 misdemeanor.
2014, c. 396.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-150. Monetary penalty

Any person required to be licensed, certified or registered by the Board pursuant to this article who violates any statute or Board regulation who is not criminally prosecuted is subject to the monetary penalty provided in this section. If the Board determines that such person has violated any statute or Board regulation, 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. The monetary penalty shall be paid into the state treasury to the credit of the Literary Fund in accordance with § 19.2-353.
1992, c. 578, § 9-183.12; 1994, c. 810; 1998, cc. 122, 807; 2001, c. 844; 2011, cc. 821, 854.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-150.1. Definitions

In addition to the definitions set forth in § 9.1-101, as used in this article, unless the context requires a different meaning:
"Special conservator of the peace" means any individual appointed pursuant to § 19.2-13 on or after September 15, 2004.
2003, c. 922.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-150.2. Powers of Criminal Justice Services Board relating to special conservators of the peace appointed pursuant to § 19.2-13

The Board shall adopt regulations establishing compulsory minimum, entry-level, in-service, and advanced training standards for special conservators of the peace. The regulations may include provisions delegating to the Board's staff the right to inspect the facilities and programs of persons conducting training to ensure compliance with the law and its regulations. In establishing compulsory training standards for special conservators of the peace, the Board shall require training to be obtained at a criminal justice training academy established pursuant to § 15.2-1747, or at a private security training school certified by the Department, and shall ensure the public safety and welfare against incompetent or unqualified persons engaging in the activities regulated by this section. The regulations may provide for exemption from training of persons having previous employment as law-enforcement officers for a state or the federal government. However, no such exemption shall be granted to persons having less than five continuous years of such employment, nor shall an exemption be provided for any person whose employment as a law-enforcement officer was terminated because of his misconduct or incompetence or who has been decertified as a law-enforcement officer. The regulations may include provisions for exemption from such training for persons having previous training that meets or exceeds the minimum training standards and has been approved by the Department. The Board may also adopt regulations that (i) establish the qualifications of applicants for registration; (ii) cause to be examined the qualifications of each applicant for registration; (iii) provide for collection of fees for registration and renewal that are sufficient to cover all expenses for administration and operation of a program of registration; (iv) ensure continued competency and prevent deceptive or misleading practices by practitioners; (v) effectively administer the regulatory system promulgated by the Board; (vi) provide for receipt of complaints concerning the conduct of any person whose activities are regulated by the Board; (vii) provide for investigations, and appropriate disciplinary action if warranted; and (viii) allow the Board to revoke, suspend or refuse to renew a registration, certification, or license for just cause as enumerated in regulations of the Board. The Board shall adopt compulsory, entry-level training standards that shall not exceed, but shall be a minimum of 98 hours for unarmed special conservators of the peace and that shall not exceed, but shall be a minimum of 130 hours for armed special conservators of the peace. In adopting its regulations, the Board shall seek the advice of the Private Security Services Advisory Board established pursuant to § 9.1-143.
2003, c. 922; 2015, cc. 766, 772.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-150.3. Powers of Department of Criminal Justice Services relating to special conservators of the peace appointed pursuant to § 19.2-13

A. In addition to the powers otherwise conferred upon it by law, the Department may (i) charge each applicant for registration a nonrefundable fee as established by the Board to cover the costs of the Department for processing an application for registration, and enforcement of the regulations, and other costs associated with the maintenance of the program of regulation; (ii) charge nonrefundable fees for private security services training as established by the Board for processing school certifications and enforcement of training standards; and (iii) conduct investigations to determine the suitability of applicants for registration, including a drug and alcohol screening. For purposes of this investigation, the Department shall require the applicant to provide personal descriptive information to be forwarded, along with the applicant's fingerprints, to the Central Criminal Records Exchange for the purpose of conducting a Virginia criminal history records search. The Central Criminal Records Exchange shall forward the fingerprints and personal description to the Federal Bureau of Investigation for the purpose of obtaining a national criminal record check.
B. The Director or his designee may make an ex parte application to the circuit court for the city or county wherein evidence sought is kept or wherein a licensee does business for the issuance of a subpoena duces tecum in furtherance of the investigation of a sworn complaint within the jurisdiction of the Department or the Board to request production of any relevant records, documents and physical or other evidence of any person, partnership, association or corporation licensed or regulated by the Department pursuant to this article. The court may issue and compel compliance with such a subpoena upon a showing of reasonable cause. Upon determining that reasonable cause exists to believe that evidence may be destroyed or altered, the court may issue a subpoena duces tecum requiring the immediate production of evidence. Costs of the investigation and adjudication of violations of this article or Board regulations may be recovered. All costs recovered shall be deposited into the state treasury to the credit of the Conservators of the Peace Regulatory Fund. Such proceedings shall be brought in the name of the Commonwealth by the Department in the circuit court of the city or county in which the unlawful act occurred or in which the defendant resides. The Director, or agents appointed by him, shall have the authority to administer oaths or affirmations for the purpose of receiving complaints and conducting investigations of violations of this article, or any regulation promulgated hereunder and to serve process issued by the Department or the Board.
2003, c. 922.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-150.4. Unlawful conduct; penalties

A. It shall be unlawful for any person to (i) misrepresent facts in an application for registration; (ii) willfully refuse to furnish the Department information or records required or requested pursuant to statute or regulation; or (iii) violate any statute or regulation governing the practice of special conservators of the peace regulated by this article or § 19.2-13.
B. Any person registered by the Department pursuant to § 19.2-13 who the Department or the Board determines has violated any statute or Board regulation and who is not criminally prosecuted shall be subject to a monetary penalty not to exceed $2,500 for each violation. The penalty may be sued for and recovered in the name of the Commonwealth and shall be paid into the state treasury to the credit of the Literary Fund in accordance with § 19.2-353.
C. Any person who is convicted of a willful violation of the provisions of this article or § 19.2-13 is guilty of a Class 1 misdemeanor. Any person convicted of a third or subsequent offense under this article or § 19.2-13 during a 36-month period is guilty of a Class 6 felony.
2003, c. 922.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-151. Court-Appointed Special Advocate Program; appointment of advisory committee

A. There is established a Court-Appointed Special Advocate Program (the Program) that shall be administered by the Department. The Program shall provide services in accordance with this article to children who are subjects of judicial proceedings (i) involving allegations that the child is abused, neglected, in need of services, or in need of supervision or (ii) for the restoration of parental rights pursuant to § 16.1-283.2 and for whom the juvenile and domestic relations district court judge determines such services are appropriate. Court-Appointed Special Advocate volunteer appointments may continue for youth 18 years of age and older who are in foster care if the court has retained jurisdiction pursuant to subsection Z of § 16.1-241 or § 16.1-242 and the juvenile and domestic relations district court judge determines such services are appropriate. The Department shall adopt regulations necessary and appropriate for the administration of the Program.
B. The Board shall appoint an Advisory Committee to the Court-Appointed Special Advocate Program, consisting of 15 members, one of whom shall be a judge of the juvenile and domestic relations district court or circuit court, knowledgeable of court matters, child welfare, and juvenile justice issues and representative of both state and local interests. The duties of the Advisory Committee shall be to advise the Board on all matters relating to the Program and the needs of the clients served by the Program, and to make such recommendations as it may deem desirable.
1990, c. 752, § 9-173.6; 1994, c. 24; 2001, c. 844; 2013, cc. 338, 685; 2014, c. 636; 2016, c. 202; 2020, cc. 95, 732.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 1 - Department of Criminal Justice Services › § 9.1-152. Local court-appointed special advocate programs; powers and duties

A. The Department shall provide a portion of any funding appropriated for this purpose to applicants seeking to establish and operate a local court-appointed special advocate program in their respective judicial districts. Only local programs operated in accordance with this article shall be eligible to receive state funds.
B. Local programs may be established and operated by local boards created for this purpose. Local boards shall ensure conformance to regulations adopted by the Board and may:
1. Solicit and accept financial support from public and private sources.
2. Oversee the financial and program management of the local court-appointed special advocate program.
3. Employ and supervise a director who shall serve as a professional liaison to personnel of the court and agencies serving children.
4. Employ such staff as is necessary to the operation of the program.
1990, c. 752, § 9-173.7; 1991, c. 421; 2001, c. 844.