reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 5.1 - Correctional Officer Procedural Guarantee Act › § 9.1-510. Hearing; recommendations

A. Whenever a correctional officer is dismissed, demoted, suspended without pay, or transferred for punitive reasons, he may, within a reasonable amount of time following such action, as set by the agency, request a hearing. If such request is timely made, a hearing shall be held within a reasonable amount of time set by the agency. The hearing shall be set no later than 14 calendar days following the date of request, unless a later date is agreed to by the correctional officer.
B. At the hearing, the correctional officer and the agency shall have the opportunity to present evidence and to examine and cross-examine witnesses. The correctional officer shall also be given the opportunity to be represented by counsel or a representative at the hearing.
C. The hearing shall be conducted by a panel consisting of one member from within the agency selected by the grievant, one member from within the agency appointed by the agency head, and a third member selected by the other two members. These members shall be security officers of no more than three ranks above the rank of the grievant. If there is no agreement on a third member, the third member shall be chosen by the chief circuit court judge of the circuit where the correctional officer is employed. The hearing panel may issue subpoenas to compel witness testimony at the request of either the correctional officer or the agency. The hearing panel shall rule on the admissibility of evidence. A record shall be made of the hearing.
D. At the option of the agency, it may, in lieu of complying with the provisions of § 9.1-509, (i) give the correctional officer a written statement of the charges and the basis for them, and the action that may be taken, and (ii) provide a hearing as provided for in this section prior to dismissing, demoting, suspending, or transferring the correctional officer for disciplinary reasons.
E. The recommendations of the hearing panel and the reasons therefor shall be made in writing and transmitted promptly to the correctional officer or his counsel and to the agency. Such recommendations shall be advisory only but shall be accorded significant weight.
F. No provision of this section shall apply to correctional officers dismissed, demoted, suspended without pay, or transferred for punitive reasons as a result of a criminal conviction.
2018, cc. 761, 762.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 5.1 - Correctional Officer Procedural Guarantee Act › § 9.1-511. Immediate suspension

Nothing in this chapter shall prevent the immediate suspension without pay of any correctional officer whose continued presence in the workplace may be harmful to the correctional officer, other employees, contractors, volunteers, prisoners, or the public; makes it impossible for the agency to conduct business; may hamper an internal investigation into the correctional officer's alleged misconduct; may hamper an investigation being conducted by law enforcement; or may constitute negligence in regard to the agency's duties to the public, other employees, contractors, volunteers, or prisoners. Further, nothing in this chapter shall prevent the suspension of a correctional officer for refusing to obey a direct order issued in compliance with the agency's written and disseminated policies. In such a case, the correctional officer shall, upon request, be afforded the rights provided under this chapter within a reasonable amount of time set by the agency.
2018, cc. 761, 762.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 5.1 - Correctional Officer Procedural Guarantee Act › § 9.1-512. Informal counseling not prohibited

Nothing in this chapter shall be construed to prohibit the informal counseling of a correctional officer by a supervisor in reference to a minor infraction of policy or procedure that does not result in disciplinary action being taken against the correctional officer.
2018, cc. 761, 762.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 6 - Civilian Protection in Cases of Police Misconduct › § 9.1-600. Civilian protection in cases of police misconduct; minimum standards

A. State, local, and other public law-enforcement agencies, which have ten or more law-enforcement officers, shall have procedures as established in subsection B, allowing citizen submission of complaints regarding the conduct of the law-enforcement agency, law-enforcement officers in the agency, or employees of the agency.
B. Law-enforcement agencies shall ensure, at a minimum, that in the case of all written complaints:
1. The general public has access to the required forms and information concerning the submission of complaints;
2. The law-enforcement agency assists individuals in filing complaints; and
3. Adequate records are maintained of the nature and disposition of such cases.
1993, c. 722, § 2.1-116.9:6; 2001, cc. 153, 844.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 7 - Overtime Compensation for Law-Enforcement Employees and Firefighters, Emergency Medical Technicians, and Other Fire Protection Employees › § 9.1-700. Definitions

As used in this chapter, unless the context requires a different meaning:
"Employer" means any political subdivision of the Commonwealth, including any county, city, town, authority, or special district that employs fire protection employees except any locality with five or fewer paid firefighters that is exempt from overtime rules by 29 U.S.C. § 207 (k).
"Fire protection employee" means any person, other than an employee who is exempt from the overtime provisions of the Fair Labor Standards Act, who is employed by an employer as a paid firefighter, emergency medical services provider, or hazardous materials worker who is (i) trained in fire suppression and has the legal authority and responsibility to engage in fire suppression and is employed by a fire department of an employer or (ii) engaged in the prevention, control, or extinguishment of fires or response to emergency situations where life, property, or the environment is at risk.
"Law-enforcement employee" means any person who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, other than an employee who is exempt from the overtime provisions of the Fair Labor Standards Act, and who is a full-time employee of either (i) a police department or (ii) a sheriff's office that is part of or administered by the Commonwealth or any political subdivision thereof.
"Regularly scheduled work hours" means those hours that are recurring and fixed within the work period and for which an employee receives a salary or hourly compensation. "Regularly scheduled work hours" does not include on-call, extra duty assignments or any other nonrecurring and nonfixed hours.
2001, c. 768, § 2.1-116.9:7; 2005, c. 732; 2015, cc. 502, 503; 2016, c. 541.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 7 - Overtime Compensation for Law-Enforcement Employees and Firefighters, Emergency Medical Technicians, and Other Fire Protection Employees › § 9.1-701. Overtime compensation rate

A. Employers shall pay fire protection or law-enforcement employees overtime compensation or leave, as under the Fair Labor Standards Act, 29 U.S.C. § 207 (o), at a rate of not less than one and one-half times the employee's regular rate of pay for all hours of work between the statutory maximum permitted under 29 U.S.C. § 207 (k) and the hours for which an employee receives his salary, or if paid on an hourly basis, the hours for which the employee receives hourly compensation. A fire protection or law-enforcement employee who is paid on an hourly basis shall have paid leave counted as hours of work in an amount no greater than the numbers of hours counted for other fire protection or law-enforcement employees working the same schedule who are paid on a salaried basis in that jurisdiction.
B. Nothing in this chapter shall be construed to affect the right of any employer to provide overtime compensation to fire protection or law-enforcement employees in an amount that exceeds the amounts required by this section.
C. The provisions of this section pertaining to law-enforcement employees shall only apply to employers of 100 or more law-enforcement employees.
2001, c. 768, § 2.1-116.9:8; 2005, c. 732.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 7 - Overtime Compensation for Law-Enforcement Employees and Firefighters, Emergency Medical Technicians, and Other Fire Protection Employees › § 9.1-702. Work period

Employers may adopt any work period to compute overtime compensation for fire protection or law-enforcement employees between seven and 28 days provided that the work period is recurring and fixed, and is not changed for purposes of denying overtime compensation to such employees to which they may be entitled under subsection A of § 9.1-701. The provisions of this section pertaining to law-enforcement employees shall only apply to employers of 100 or more law-enforcement employees.
2001, c. 768, § 2.1-116.9:9; 2005, c. 732.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 7 - Overtime Compensation for Law-Enforcement Employees and Firefighters, Emergency Medical Technicians, and Other Fire Protection Employees › § 9.1-703. Hours of work

For purposes of computing fire protection or law-enforcement employees' entitlement to overtime compensation, all hours that an employee works or is in a paid status during his regularly scheduled work hours shall be counted as hours of work. The provisions of this section pertaining to law-enforcement employees shall only apply to such employees of an employer of 100 or more law-enforcement employees.
2001, c. 768, § 2.1-116.9:10; 2005, c. 732.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 7 - Overtime Compensation for Law-Enforcement Employees and Firefighters, Emergency Medical Technicians, and Other Fire Protection Employees › § 9.1-704. Employee's remedies; award of attorneys' fees and costs

A. In an action brought under this chapter, an employer who violates the provisions of this chapter shall be liable to the fire protection or law-enforcement employee affected in an amount of double the amount of the unpaid compensation due such employee. However, if the employer can prove that his violation was in good faith, he shall be liable only for the amount of the unpaid compensation plus interest at the rate of eight percent per year, commencing on the date the compensation was due to the employee.
B. Where the fire protection or law-enforcement employee prevails, the court shall award him attorneys' fees and costs to be paid by the employer.
C. The provisions of this section pertaining to law-enforcement employees shall only apply in instances where the employer employs 100 or more law-enforcement employees.
2001, c. 768, § 2.1-116.9:11; 2005, c. 732.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 7 - Overtime Compensation for Law-Enforcement Employees and Firefighters, Emergency Medical Technicians, and Other Fire Protection Employees › § 9.1-705. Limitation of actions

Actions brought under this chapter shall be commenced within two years of the date the unpaid compensation was due, or if the violation is willful, within three years of the date the unpaid compensation was due.
2001, c. 768, § 2.1-116.9:12.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 7 - Overtime Compensation for Law-Enforcement Employees and Firefighters, Emergency Medical Technicians, and Other Fire Protection Employees › § 9.1-706. Sovereign immunity

The immunity of the Commonwealth and of any "agency" as defined in § 8.01-195.2 is hereby preserved.
2001, c. 768, § 2.1-116.9:13.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 8 - Commonwealth Public Safety Medal of Valor Act › § 9.1-800. Commonwealth Public Safety Medal of Valor

There is hereby established the Commonwealth Public Safety Medal of Valor. The Governor may award and present the Commonwealth Public Safety Medal of Valor, of appropriate design with ribbons and appurtenances, to a Virginia public safety officer for performance above and beyond the call of duty involving extraordinary valor in the face of grave danger, at great personal risk. The public safety officer shall have exhibited uncommon valor, which clearly distinguishes the officer as performing above and beyond normal job requirements. The Commonwealth Public Safety Medal of Valor shall be the highest award for valor by a public safety officer conferred by the Commonwealth. The Governor may select no more than three recipients for the Commonwealth Public Safety Medal of Valor award each year, unless the Governor determines that extraordinary circumstances warrant the selection of additional recipients.
2002, c. 150.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 8 - Commonwealth Public Safety Medal of Valor Act › § 9.1-801. Public safety officer defined

As used in this chapter, the term "public safety officer" includes a law-enforcement officer of the Commonwealth or any of its political subdivisions; a correctional officer as defined in § 53.1-1; a correctional officer employed at a juvenile correctional facility as the term is defined in § 66-25.3; a jail officer; a regional jail or jail farm superintendent; a member of any fire company or department or nonprofit or volunteer emergency medical services agency that has been recognized by an ordinance or resolution of the governing body of any county, city, or town of the Commonwealth as an integral part of the official safety program of such county, city, or town; an arson investigator; a member of the Virginia National Guard or the Virginia Defense Force while such a member is serving in the Virginia National Guard or the Virginia Defense Force on official state duty or federal duty under Title 32 of the United States Code; any special agent of the Virginia Alcoholic Beverage Control Authority; any police agent appointed under the provisions of § 56-353; any regular or special conservation police officer who receives compensation from a county, city, or town or from the Commonwealth appointed pursuant to § 29.1-200; any commissioned forest warden appointed pursuant to § 10.1-1135; any member or employee of the Virginia Marine Resources Commission granted the power to arrest pursuant to § 28.2-900; any Department of Emergency Management hazardous materials officer; any nonfirefighter regional hazardous materials emergency response team member; any investigator who is a full-time sworn member of the security division of the Virginia Lottery; any full-time sworn member of the enforcement division of the Department of Motor Vehicles meeting the Department of Criminal Justice Services qualifications, when fulfilling duties pursuant to § 46.2-217; any campus police officer appointed under the provisions of Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1; and any conservation officer of the Department of Conservation and Recreation commissioned pursuant to § 10.1-115.
2002, c. 150; 2007, c. 87; 2011, cc. 572, 586; 2014, c. 225; 2015, cc. 38, 502, 503, 730.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-900. Purpose of the Sex Offender and Crimes Against Minors Registry

The purpose of the Sex Offender and Crimes Against Minors Registry (Registry) shall be to assist the efforts of law-enforcement agencies and others to protect their communities and families from repeat offenders and to protect children from becoming victims of criminal offenders by helping to prevent such individuals from being allowed to work directly with children.
2003, c. 584; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-901. Persons for whom registration required

A. Every person convicted on or after July 1, 1994, including a juvenile tried and convicted in the circuit court pursuant to § 16.1-269.1, whether sentenced as an adult or juvenile, of an offense set forth in § 9.1-902 and every juvenile found delinquent of an offense for which registration is required under subsection C of § 9.1-902 shall register, reregister, and verify his registration information as required by this chapter. Every person serving a sentence of confinement on or after July 1, 1994, for a conviction of an offense set forth in § 9.1-902 shall register, reregister, and verify his registration information as required by this chapter. Every person under community supervision as defined by § 53.1-1 or any similar form of supervision under the laws of the United States or any political subdivision thereof, on or after July 1, 1994, resulting from a conviction of an offense set forth in § 9.1-902 shall register, reregister, and verify his registration information as required by this chapter.
B. Every person found not guilty by reason of insanity on or after July 1, 2007, of an offense set forth in § 9.1-902 shall register, reregister, and verify his registration information as required by this chapter. Every person in the custody of the Commissioner of Behavioral Health and Developmental Services, or on conditional release on or after July 1, 2007, because of a finding of not guilty by reason of insanity of an offense set forth in § 9.1-902 shall register, reregister, and verify his registration information as required by this chapter.
C. Unless a specific effective date is otherwise provided, all provisions of the Sex Offender and Crimes Against Minors Registry Act shall apply retroactively. This subsection is declaratory of existing law.
2003, c. 584; 2005, c. 586; 2007, cc. 718, 744; 2009, cc. 813, 840; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-904. Periodic verification

A. For purposes of this chapter, "verify his registration information" means that the person required to register has notified the State Police; confirmed his current physical and mailing address and electronic mail address information and any instant message, chat, or other Internet communication name or identity information that he uses or intends to use; and provided such other information, including identifying information, that the State Police may require.
B. Any person required to register shall verify his registration information with the State Police, during such person's required verification month and time interval, commencing with the date of initial registration, as follows:
1. Any person convicted of a Tier III offense or murder, four times each year at three-month intervals, including the person's birth month; and
2. Any person convicted of a violation of § 18.2-472.1, in which such person was included on the Registry for a conviction of a Tier III offense or murder, every month.
C. The State Police shall make available to the person an address verification form to be used for verification of his registration information. The form shall contain in bold print a statement indicating that failure to comply with the verification required is punishable as provided in § 18.2-472.1. Copies of all forms to be used for verification and guidelines for submitting such forms, including month and time verification intervals, shall be available through distribution by the State Police, from local law-enforcement agencies, and in a format capable of being downloaded and printed from a website maintained by the State Police.
D. Persons required to register with last names beginning with A through L shall verify their registration information with the State Police from the first to the fifteenth of such person's verification months pursuant to subsection B, and persons required to register with last names beginning with M through Z shall verify their registration information with the State Police from the sixteenth to the last day of the month during such person's verification months pursuant to subsection B. The last name shall be the last name in the person's name pursuant to § 9.1-903 as it appears in the Registry.
E. For the period of July 1, 2020, to July 1, 2021, any person required to verify his registration information shall continue to verify his resignation information with the State Police on such person's verification schedule in place prior to July 1, 2020, until such person has verified his registration information pursuant to the new verification schedule provided in subsection B, at which time such person shall continue to verify his registration information pursuant to the new verification schedule.
2003, c. 584; 2006, cc. 857, 914; 2007, cc. 759, 823; 2019, cc. 613, 614; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-905. New residents and nonresident offenders; registration required

A. All persons required to register shall register within three days of establishing a residence in the Commonwealth.
B. Nonresident offenders entering the Commonwealth for an extended visit, for employment, to carry on a vocation, or as a student attending school who are required to register in their state of residence or who would be required to register if a resident of the Commonwealth shall, within three days of entering the Commonwealth for an extended visit, accepting employment or enrolling in school in the Commonwealth, be required to register and reregister in person with the local law-enforcement agency.
C. To document employment or school attendance in Virginia a person shall present proof of enrollment as a student or suitable proof of temporary employment in the Commonwealth and one photo-identification form issued by a governmental agency of the person's state of residence which contains the person's complete name, gender, date of birth and complete address.
D. For purposes of this section:
"Employment" and "carry on a vocation" include employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.
"Extended visit" means a period of visitation for any purpose in the Commonwealth of 30 days or more.
"Student" means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education.
2003, c. 584; 2005, c. 603; 2006, cc. 857, 914.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-906. Enrollment or employment at institution of higher education; information required

A. Persons required to register, reregister, or verify their registration information who are enrolled in or employed at institutions of higher education shall, in addition to other registration requirements, indicate on their registration, reregistration, and verification form the name and location of the institution attended by or employing the registrant whether such institution is within or without the Commonwealth. In addition, persons required to register, reregister, or verify their registration information shall notify the local law-enforcement agency in person within three days of any change in their enrollment or employment status with an institution of higher education. The local law-enforcement agency shall forthwith forward to the State Police all necessary registration or reregistration information received by it.
B. Upon receipt of a registration, reregistration, or verification of registration information indicating enrollment or employment with an institution of higher education or notification of a change in status, the State Police shall notify the chief law-enforcement officer of the institution's law-enforcement agency or, if there is no institutional law-enforcement agency, the local law-enforcement agency serving that institution, of the registration, reregistration, verification of registration information, or change in status. The law-enforcement agency receiving notification under this section shall make such information available upon request.
C. For purposes of this section:
"Employment" includes full- or part-time, temporary or permanent or contractual employment at an institution of higher education either with or without compensation.
"Enrollment" includes both full- and part-time.
"Institution of higher education" means any postsecondary school, trade or professional institution, or institution of higher education.
2003, c. 584; 2006, cc. 857, 914; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-906.1. Emergency shelters; notification; registration

Any person required to register or reregister who enters any place or facility that is designated by the Commonwealth or any political subdivision thereof as an emergency shelter and operated in response to a state or local emergency declared pursuant to Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 shall, as soon as practicable after entry, notify a member of the emergency shelter's staff who is responsible for providing security at the emergency shelter that such person is a registered sex offender. The use of such Registry information pursuant to this section does not constitute a violation of § 9.1-918. No person shall be denied entry into an emergency shelter solely on the basis of his status as a registered sex offender unless such entry is otherwise prohibited by law.
2022, c. 316.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-908. Duration of registration requirement

Any person required to register, reregister, or verify his registration information shall be required to register until the duty to register, reregister, or verify his registration information is terminated by a court order as set forth in § 9.1-910, except that any person who has been convicted of (i) any Tier III offense, (ii) murder or (iii) former § 18.2-67.2:1 shall have a continuing duty to reregister or verify his registration information for life.
Any period of confinement in a federal, state, or local correctional facility, hospital, or any other institution or facility during the otherwise applicable period shall toll the registration or verification period and the duty to reregister or verify his registration information shall be extended. Persons confined in a federal, state, or local correctional facility shall not be required to reregister or verify his registration information until released from custody. Persons civilly committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 shall not be required to reregister or verify his registration information until released from custody. Persons confined in a federal, state, or local correctional facility or civilly committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2 shall notify the Registry within three days following any change of name.
2003, c. 584; 2005, c. 631; 2006, cc. 857, 914; 2007, c. 718; 2008, c. 877; 2010, c. 858; 2014, c. 677; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-910. Removal of name and information from Registry

A. Any person required to register, other than a person who has been convicted of any (i) Tier III offense, (ii) two or more offenses for which registration is required, (iii) a violation of former § 18.2-67.2:1, or (iv) murder, may petition the circuit court in which he was convicted or the circuit court in the jurisdiction where he then resides for removal of his name and all identifying information from the Registry. A person who is required to register for a single Tier I offense may petition the court no earlier than 15 years from the later of the date of initial registration or the date of his last conviction for (a) a violation of § 18.2-472.1 or (b) any felony. A person who is required to register for a single Tier II offense may petition the court no earlier than 25 years from the later of the date of initial registration or the date of his last conviction for (1) a violation of § 18.2-472.1 or (2) any felony.
B. A petition may not be filed until all court ordered treatment, counseling, and restitution has been completed. The court shall obtain a copy of the petitioner's complete criminal history and registration, reregistration, and verification of registration information history from the Registry and then hold a hearing on the petition at which the applicant and any interested persons may present witnesses and other evidence. The Commonwealth shall be made a party to any action under this section. If, after such hearing, the court is satisfied that such person no longer poses a risk to public safety, the court shall grant the petition. In the event the petition is not granted, the person shall wait at least 24 months from the date of the denial to file a new petition for removal from the Registry.
C. The State Police shall remove from the Registry the name of any person and all identifying information upon receipt of an order granting a petition pursuant to subsection B.
2003, c. 584; 2005, c. 631; 2006, cc. 857, 914; 2007, c. 718; 2008, c. 877; 2018, c. 68; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-911. Registry maintenance

The Registry shall include conviction data received from the courts, including the disposition records for juveniles tried and convicted in the circuit courts pursuant to § 16.1-269.1, on convictions for offenses for which registration is required and registrations, reregistrations, and verifications of registration information received from persons required to do so. The Registry shall also include a separate indication that a person has been convicted of a Tier III offense. The State Police shall forthwith transmit the appropriate information as required by the Federal Bureau of Investigation for inclusion in the National Sex Offender Registry.
2003, c. 584; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-912. Registry access and dissemination; fees

A. Except as provided in § 9.1-913 and subsection B or C of this section, Registry information shall be disseminated upon request made directly to the State Police or to the State Police through a local law-enforcement agency. Such information may be disclosed to any person requesting information on a specific individual in accordance with subsection B. The State Police shall make Registry information available, upon request, to criminal justice agencies including local law-enforcement agencies through the Virginia Criminal Information Network (VCIN). Registry information provided under this section shall be used for the purposes of the administration of criminal justice, for the screening of current or prospective employees or volunteers or otherwise for the protection of the public in general and children in particular. The Superintendent of State Police may by regulation establish a fee not to exceed $15 for responding to requests for information from the Registry. Any fees collected shall be deposited in a special account to be used to offset the costs of administering the Registry.
B. Information regarding a specific person shall be disseminated upon receipt of an official request form that may be submitted directly to the State Police or to the State Police through a local law-enforcement agency. The official request form shall include a statement of the reason for the request; the name and address of the person requesting the information; the name, address and, if known, the social security number of the person about whom information is sought; and such other information as the State Police may require to ensure reliable identification.
C. Registry information regarding all registered offender's electronic mail address information, any instant message, chat or other Internet communication name or identity information may be electronically transmitted by the Department of State Police to a business or organization that offers electronic communication or remote computing services for the purpose of prescreening users or for comparison with information held by the requesting business or organization. In order to obtain the information from the Department of State Police, the requesting business or organization that offers electronic communication or remote computing services shall agree to notify the Department of State Police forthwith when a comparison indicates that any such registered offender's electronic mail address information, any instant message, chat or other Internet communication name or identity information is being used on their system. The requesting business or organization shall also agree that the information will not be further disseminated.
2003, c. 584; 2007, cc. 759, 823; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-913. Public dissemination by means of the Internet

The State Police shall develop and maintain a system for making certain Registry information on persons convicted of an offense for which registration is required publicly available by means of the Internet. The information to be made available shall include the offender's name; all aliases that he has used or under which he may have been known; the date and locality of the conviction and a brief description of the offense; his age, current address, and photograph; his current work address; the name of any institution of higher education at which he is currently enrolled; and such other information as the State Police may from time to time determine is necessary to preserve public safety, including but not limited to the fact that an individual is wanted for failing to register, reregister, or verify his registration information. The system shall be secure and not capable of being altered except by the State Police. The system shall be updated each business day with newly received registrations, reregistrations and verifications of registration information. The State Police shall remove all information that it knows to be inaccurate from the Internet system.
2003, c. 584; 2005, c. 603; 2006, cc. 857, 914; 2016, c. 335; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-915. Regulations

The Superintendent of State Police shall promulgate regulations and develop forms to implement and enforce this chapter; including the operation and maintenance of the Registry and the removal of records on persons who are deceased, whose convictions have been reversed or who have been pardoned, and those for whom an order of removal or relief from frequent registration has been entered. Such regulations and forms shall not be subject to the provisions of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.
2003, c. 584.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-916. Requests for Registry data by Virginia Criminal Sentencing Commission; confidentiality

Upon request of the Virginia Criminal Sentencing Commission, the Department of State Police shall provide the Commission with Registry data in an electronic format. The Commission may use the data for research, evaluative or statistical purposes only and shall ensure the confidentiality and security of the data.
2003, c. 391.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-917. Limitation on liability

No liability shall be imposed upon any law-enforcement official who disseminates information or fails to disseminate information in good faith compliance with the requirements of this chapter, but this provision shall not be construed to grant immunity for gross negligence or willful misconduct.
2003, c. 584.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-918. Misuse of registry or supplement information; penalty

Use of registry information or information from the Supplement to the Registry established pursuant to § 9.1-923 for purposes not authorized by this chapter is prohibited, the unlawful use of the information contained in or derived from the Registry or Supplement for purposes of intimidating or harassing another is prohibited, and a willful violation of this chapter is a Class 1 misdemeanor. For purposes of this section, absent other aggravating circumstances, the mere republication or reasonable distribution of material contained on or derived from the publicly available Internet offender database shall not be deemed intimidation or harassment.
2003, c. 584; 2006, cc. 857, 914; 2015, cc. 594, 603; 2020, c. 829.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-919. Notice of penalty on forms and documents

The Virginia Criminal Information Network and any form or document used by the Department of State Police to disseminate information from the Registry shall provide notice that any unauthorized use of the information with the intent to harass or intimidate another is a crime punishable as a Class 1 misdemeanor.
2003, c. 391.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-921. Exemption of information systems from provisions related to the Virginia Information Technologies Agency

The provisions of Chapter 20.1 (§ 2.2-2005 et seq.) of Title 2.2 shall not apply to the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1, operated by the Department of State Police or to information technology as defined in § 2.2-2006 operated by the Department of Juvenile Justice, Department of Corrections or the Virginia Compensation Board that interact, furnish, update, contain or exchange information with the Sex Offender and Crimes Against Minors Registry.
2006, cc. 857, 914.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 9 - Sex Offender and Crimes Against Minors Registry Act › § 9.1-922. Use of Registry data by Statewide Automated Victim Notification (SAVIN) system; confidentiality

Upon request of the Compensation Board, the Department of State Police shall provide the Statewide Automated Victim Notification (SAVIN) system with Registry data in an electronic format. The Board or its contractor may use the data for verification of registrant status and notification of victims and law enforcement regarding changes in status of persons on the Registry and shall ensure the confidentiality and security of the data.
2008, cc. 76, 338.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 10 - Retired Law Enforcement Identification › § 9.1-1000. Retired and former law-enforcement officers; photo identification cards; retention of badge

A. Upon the retirement of a law-enforcement officer, as defined in § 9.1-101, the employing department or agency shall, upon request of the retiree, issue the individual a photo identification card indicating that such individual is a retired law-enforcement officer of that department or agency. Upon request, such a card shall also be issued to any law-enforcement officer who retired before July 1, 2004.
B. Upon request of a former law-enforcement officer with at least 10 years of service who has been diagnosed with post-traumatic stress disorder, as defined in § 65.2-107, by a mental health professional, as defined in § 65.2-107, or who is disabled, the employing department or agency shall issue the individual a photo identification card indicating that such individual is a former law-enforcement officer of that department or agency who honorably served. However, prior to issuing the photo identification card, the employing department or agency shall have it mounted in such a manner that it will be impossible for anyone to carry it on his person. The employing department or agency may deny, for cause, any request made under this subsection, provided that it gives a written explanation to the requester of the grounds for denial. Any individual issued a photo identification card under this subsection shall be ineligible to receive a photo identification card pursuant to subsection A. The provisions of this subsection shall not apply to any individual who was decertified pursuant to § 15.2-1707.
C. Notwithstanding the provisions of § 52-9.1:1 or any other provision of law to the contrary, on and after July 1, 2023, upon the retirement of a law-enforcement officer who is employed by an agency of the Commonwealth as a law-enforcement officer at the time of his retirement, the employing department or agency shall, upon request of the retiree, award the retiree his badge or other insignia of his office for permanent keeping, provided, however, that the employing department or agency, prior to tendering such badge or insignia, shall have the same mounted in such a manner that it will be impossible for anyone to display such badge or insignia upon his person.
2004, c. 419; 2022, c. 491; 2023, c. 26.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 11 - Department of Forensic Science › § 9.1-1100. Department of Forensic Science created; Director

There is hereby created in the executive branch of state government, a Department of Forensic Science (the Department), which formerly existed as a division within the Department of Criminal Justice Services. The Department shall be headed by a Director appointed by the Governor, subject to confirmation by the General Assembly if in session when such appointment is made, and if not in session, then at its next succeeding session. In making his appointment, the Governor shall choose a candidate meeting the qualifications recommended by the Forensic Science Board created pursuant to § 9.1-1109. The Director shall serve for a term of six years, or until his successor shall be appointed and qualified. Any vacancy shall be filled for the unexpired term in the same manner as the original appointment.
The Director, under the direction and control of the Governor, shall exercise the powers and perform the duties conferred or imposed upon him by law and perform such other duties required by the Governor or requested by the Forensic Science Board created pursuant to § 9.1-1109.
2005, cc. 868, 881.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 11 - Department of Forensic Science › § 9.1-1100.1. Certified mail; subsequent mail or notices may be sent by regular mail

Whenever in this chapter the Board or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board or the Department may be sent by regular mail.
2011, c. 566.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 11 - Department of Forensic Science › § 9.1-1101. Powers and duties of the Department

A. It shall be the responsibility of the Department to provide forensic laboratory services upon request of the Superintendent of State Police; the Chief Medical Examiner, the Assistant Chief Medical Examiners, and local medical examiners; any attorney for the Commonwealth; any chief of police, sheriff, or sergeant responsible for law enforcement in the jurisdiction served by him; any local fire department; the head of any private police department that has been designated as a criminal justice agency by the Department of Criminal Justice Services as defined by § 9.1-101; or any state agency in any criminal matter. The Department shall provide such services to any federal investigatory agency within available resources.
B. The Department shall:
1. Provide forensic laboratory services to all law-enforcement agencies throughout the Commonwealth and provide laboratory services, research, and scientific investigations for agencies of the Commonwealth as needed;
2. Establish and maintain a DNA testing program in accordance with Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18 of Title 19.2 to determine identification characteristics specific to an individual; and
3. Test the accuracy of equipment used to test the blood alcohol content of breath at least once every six months. Only equipment found to be accurate shall be used to test the blood alcohol content of breath.
C. The Department shall have the power and duty to:
1. Receive, administer, and expend all funds and other assistance available for carrying out the purposes of this chapter;
2. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and execution of its powers under this chapter including, but not limited to, contracts with the United States, units of general local government or combinations thereof in Virginia or other states, and with agencies and departments of the Commonwealth; and
3. Perform such other acts as may be necessary or convenient for the effective performance of its duties.
D. The Director may appoint and employ a deputy director and such other personnel as are needed to carry out the duties and responsibilities conferred by this chapter.
2005, cc. 868, 881; 2006, cc. 327, 551; 2009, Sp. Sess. I, cc. 1, 4; 2011, c. 638.
2023 Code of Virginia › Title 9.1 - Commonwealth Public Safety › Chapter 11 - Department of Forensic Science › § 9.1-1101.1. Purchase of forensic laboratory services

A. Notwithstanding any other provision of law, the Department may make and enter into contracts or agreements for forensic laboratory services with any laboratory located in the Commonwealth that is operated by an institution of higher education located in the Commonwealth or a corporate entity that is wholly owned by an institution of higher education located in the Commonwealth, which institution offers a program leading to the Doctor of Pharmacy degree and is accredited by the Accreditation Council for Pharmacy Education and the Southern Association of Colleges and Schools. No such contract or agreement for forensic laboratory services shall be made or entered into with any other laboratory, except as provided in subsection B.
B. The Department may request, and the Director of the Division of Purchases and Supply of the Department of General Services may grant, an exemption from the provisions of subsection A if (i) a laboratory described in subsection A does not meet the reasonable requirements of the Department; (ii) a laboratory described in subsection A cannot provide the forensic laboratory services required by the Department; (iii) forensic laboratory services identical to those provided by the laboratory described in subsection A can be obtained at a cost that is at least 10 percent less than the cost of obtaining such forensic laboratory services from the laboratory described in subsection A, as evidenced by a verified request for pricing; or (iv) in cases in which the Department has issued a Request for Proposals, a proposal submitted by a laboratory other than a laboratory described in subsection A has received a ranking that is at least 10 percent higher than the ranking of any laboratory described in subsection A. In any case in which an exemption is granted pursuant to this subsection, the Director of the Division of Purchases and Supply of the Department of General Services shall submit a written justification for the exception to the Directors of the Department of Forensic Science and the Department of General Services.
2019, cc. 478, 479.