reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-20 - Compulsory minimum training standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to the provisions of subdivision
				9 of §
									9.1-102
				of the Code of Virginia, the department under the direction of the board
				establishes the compulsory minimum training standards for full-time or
				part-time correctional officers of the Department of Corrections.
B. Individuals hired as correctional officers
				as defined in §
									53.1-1 of the Code of
				Virginia shall meet or exceed the compulsory minimum training standards at a
				certified criminal justice training academy, external training location, or
				satellite facility and complete field training requirements. Correctional
				officers shall comply with the following:
1.
				Successfully complete basic correctional officer training at a certified
				criminal justice training academy, external training location, or satellite
				facility, which includes receiving a minimum of 400 hours of department
				approved training in the following categories:
a. Security and supervision;
b. Communication;
c. Safety;
d. Emergency response;
e. Conflict and crisis management;
f. Law and legal;
g. Duty assignments and
				responsibilities;
h.
				Professionalism;
i. Basic
				corrections officer firearms training; and
j. Physical fitness training.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-25 - Approval authority

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board
				shall be the approval authority for the training categories and hours
				identified in
				6VAC20-100-20
				of the compulsory minimum training standards. Amendments to training categories
				shall be made in accordance with the provisions of the Administrative Process
				Act (§
									2.2-4000 et
				seq. of the Code of Virginia).
B.
				The Committee on Training (COT) shall be the approval authority for the
				performance outcomes, training objectives, criteria, and lesson plan guides
				that support the performance outcomes. Performance outcomes, training
				objectives, criteria, and lesson plan guides supporting the compulsory minimum
				training standards may be added, deleted, or amended by the COT based upon
				written recommendation of the director of the Department of Corrections, a
				chief of police, sheriff, agency administrator, academy director, or the
				Curriculum Review Committee.
C.
				Before approving changes to the performance outcomes, training objectives,
				criteria, or lesson plan guides, the COT shall schedule an opportunity for
				public comment during a meeting of the COT. A minimum of 60 days before the
				meeting of the COT, the proposed changes shall be distributed to all certified
				training academies for an opportunity to comment. Notice of changes to the
				performance outcomes, training objectives, criteria, and lesson plan guides
				shall be filed for publication in the Virginia Register of
				Regulations.
D. The department
				shall notify each certified criminal justice training academy in writing of any
				COT approved revisions. COT approved revisions require a minimum of 30 days'
				notice to certified criminal justice training academies prior to becoming
				effective.
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person
				employed as a full-time or part-time correctional officer, in accordance with
				subdivision 9 of §
									9.1-102
				of the Code of Virginia, shall meet the compulsory minimum training standards
				and requirements established in
				6VAC20-100-20
				and
				6VAC20-100-40
				unless provided otherwise in accordance with subsection B of this
				section.
B. The director may grant
				an exemption or partial exemption of the compulsory minimum training standards
				established in
				6VAC20-100-20
				and
				6VAC20-100-40,
				in accordance with §
									9.1-116
				of the Code of Virginia.
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-40 - Time requirement for completion of training

Current through Register Vol. 40, No. 24, July 15, 2024
A. Correctional officers who are required to
				comply with the compulsory minimum training standards, field training, and
				requirements shall satisfactorily complete such training within 12 months of
				the date of appointment unless provided otherwise in accordance with subsection
				B of this section.
B. The director
				may grant an extension of the time limit for completion of the compulsory
				minimum training standards and requirements for the following reasons:
1. Medical condition;
2. Injury;
3. Military service; or
4. Administrative leave involving the
				determination of worker's compensation or disability retirement issues or
				suspension pending investigation or adjudication of a crime.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-50

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-60

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-70 - Attendance, requirements, testing, and grading

Current through Register Vol. 40, No. 24, July 15, 2024
A. Attendance.
1. Correctional officers attending approved
				training are required to attend all classes and shall not be placed on duty or
				on call except in cases of an emergency (e.g., natural disaster, etc.). In the
				event of such an emergency, the agency administrator or designee shall
				determine if it is appropriate to place officers on duty or on call and shall
				advise the academy director within 24 hours.
2. Correctional officers shall be responsible
				for any material missed during an excused absence.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-80 - Failure to comply with rules and regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any individual attending a certified
				criminal justice training academy shall comply with the rules and regulations
				promulgated by the department and board. The academy director shall be
				responsible for enforcement of all rules and regulations established to govern
				the conduct of attendees.
B. Any
				individual violating the rules and regulations governing the certified criminal
				justice training academy determined to be detrimental to the welfare of the
				certified criminal justice training academy or the safety of officers,
				visitors, or personnel may be expelled from the academy.
C. Notification of an expulsion will
				immediately be reported, in writing, to the agency administrator or designee
				and the department.
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-90 - Administrative requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Field
				training shall be completed in accordance with the requirements in
				6VAC20-100-40.
				The superintendent or warden shall sign and submit the field training
				completion form for each officer to the department.
B. Records and documentation shall be open to
				audit, inspection, and review by the department upon request.
C. Training records shall be maintained in
				accordance with the provisions of this chapter and the Virginia Public Records
				Act (§
									42.1-76
				et seq. of the Code of Virginia).
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-100

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section 6VAC20-100-110

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Form - FORMS (6VAC20-100)

Current through Register Vol. 40, No. 24, July 15, 2024
Field
				  Training: Department of Corrections Basic Corrections Officer, DOC-1 (rev.
				  8/2018)
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 100 - Rules Relating to Compulsory Minimum Training Standards for Correctional Officers of the Department of Corrections, Division of Adult Institutions › Section - DOCUMENTS INCORPORATED BY REFERENCE (6VAC20-100)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
				  Department of Criminal Justice Services Field Training and On the Job Training
				  Performance Outcomes, published September 2012, Virginia Department of Criminal
				  Justice Services (Revised January 2018)
Statutory Authority: §
											9.1-102
					 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 110 - RULES RELATING TO COMPULSORY MINIMUM TRAINING STANDARDS FOR PRIVATE SECURITY SERVICES BUSINESS PERSONNEL › Section 6VAC20-110-10 through 6VAC20-110-90 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 9.1-102 and 9.1-141 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part I - General › Section 6VAC20-120-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code
						of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part II - Criminal History Record Information Use › Section 6VAC20-120-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  governs originals and copies of manual or automated criminal history record
				  information that are used, collected, stored, or disseminated by state or local
				  criminal justice agencies or other agencies receiving criminal history record
				  information in the Commonwealth. This chapter also sets forth the required
				  procedures that ensure the proper processing of the expungement of criminal
				  history record information. The provisions of this chapter apply to the
				  following groups, agencies, and individuals:
1. State and local criminal justice agencies
				  and subunits of these agencies in the Commonwealth; and
2. The United States Government or the
				  government of another state or its political subdivisions that exchange such
				  information with criminal justice agencies in the Commonwealth, but only to the
				  extent of that exchange.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part II - Criminal History Record Information Use › Section 6VAC20-120-40 - Collection

Current through Register Vol. 40, No. 24, July 15, 2024
A. Responsibility.
				  Responsibility for collecting and updating criminal history record information
				  rests with:
1. State officials and criminal
				  justice agencies having the power to arrest, detain, or hold convicted persons
				  in correctional facilities;
2.
				  Sheriffs of cities or counties;
3.
				  Police officials of cities, counties, and towns;
4. Other local law-enforcement officers or
				  conservators of the peace who have the power to arrest for a felony (see §
				  19.2-390 of the Code of Virginia);
5. Clerks of court and court agencies or
				  officers of the court; and
6. Other
				  criminal justice agencies or agencies having criminal justice responsibilities
				  which generate criminal history record information.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part II - Criminal History Record Information Use › Section 6VAC20-120-60 - Access and review

Current through Register Vol. 40, No. 24, July 15, 2024
A. Who can
				  review. An individual or his attorney, upon providing proper identification and
				  in the case of an attorney representing a client, with a sworn written request
				  from the record subject, shall have the right to inspect criminal history
				  record information being maintained on that individual by the Central Criminal
				  Records Exchange or other criminal justice agencies. Completing a request form
				  shall be required by the Central Criminal Records Exchange or the local
				  criminal justice agency.
B. Review
				  at local law-enforcement agency or central criminal records exchange.
1. An individual or his attorney may review
				  the individual's criminal history record information arising from arrests for
				  felonies and Class 1 and 2 misdemeanors maintained in the Central Criminal
				  Records Exchange through a request to the Virginia Criminal Information Network
				  or to the Central Criminal Records Exchange of the Virginia Department of State
				  Police during normal working hours. An individual or his attorney may review
				  the individual's criminal history record regarding offenses not required to be
				  reported to the Central Criminal Records Exchange at the arresting
				  law-enforcement agency.
2. The
				  law-enforcement agency to which the request is directed shall inform the
				  individual or his attorney of the procedures associated with the
				  review.
3. Individuals shall be
				  provided, at cost, one copy of their record. If no record can be found, a
				  statement shall be furnished to this effect.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part II - Criminal History Record Information Use › Section 6VAC20-120-90 - Audit

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall annually conduct an audit of a random
					 representative sample of state and local criminal justice agencies to ensure
					 and verify adherence to these regulations and to ensure that criminal history
					 records are accurate and complete.
The audits may include, but will not be limited to:
(i) examination of record accuracy,
(ii) completeness,
(iii) timely submission of information,
(iv) evidence of dissemination
				  limitation and adequate dissemination logs,
(v) security provisions,
(vi) evidence of notification of the
				  individual's right of access and challenge,
(vii) appropriate handling of record
				  challenges,
(viii) timely
				  modification of erroneous records,
(ix) evidence of timely notifications of
				  required changes, and
(x)
				  appropriate notifications of the department as required.
Statutory Authority
§ 9.1-102 and Article 3 (§ 9.1-126 et seq.) of Chapter 1
						of Title 9.1 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part II - Criminal History Record Information Use › Section 6VAC20-120-100 - Administrative sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
Discovery of violations or failure to comply with this
					 chapter in whole or in part will occasion the following sanctions. Additional
					 criminal penalties and other sanctions may be invoked as provided in
					 6VAC20-120-50 should the violation
					 involve an unauthorized dissemination.
1. Law-enforcement agencies.
a. Should a law-enforcement agency fail to
				  comply with this chapter, a letter will be forwarded by the department to
				  either the chief of police or sheriff, citing the problem and notifying the
				  police department or the sheriff's department that the matter will be referred
				  to the chief official of the locality or local commonwealth's attorney,
				  respectively, if a satisfactory result is not forthcoming. The criminal justice
				  agency shall have 10 business days to respond with a letter describing how the
				  situation was remedied or explaining why there is no need to do so.
b. Should there be no satisfactory response
				  after the 10 business day period, the matter will be referred to the offices of
				  the city, county, or town manager or the local commonwealth's attorney
				  requesting resolution of the matter within 30 days.
c. If 30 days have passed and the matter
				  fails to be resolved to the satisfaction of the department, the matter will be
				  referred to the Criminal Justice Services Board and the Office of the Attorney
				  General for action.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part III - Criminal History Record Information Security › Section 6VAC20-120-110 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter is
				  applicable to criminal justice information systems operated within the
				  Commonwealth of Virginia. These regulations on security are not applicable to
				  court records or other records expressly excluded by § 9.1-126 of the Code of
				  Virginia.
B. This part establishes
				  a minimum set of security standards that shall apply to any manual or automated
				  recordkeeping system that collects, stores, processes, or disseminates criminal
				  history record information.
C.
				  Where individuals or noncriminal justice agencies are authorized to have direct
				  access to criminal history record information pursuant to a specific agreement
				  with a criminal justice agency to provide service required for the
				  administration of criminal justice, the service support agreement will embody
				  the restrictions on dissemination and the security requirements contained in
				  this chapter and the Code of Virginia.
Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code
						of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part III - Criminal History Record Information Security › Section 6VAC20-120-120 - Responsibilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. In addition to
				  those responsibilities mandated by state and federal laws, the Department of
				  State Police shall have the responsibility for the implementation of this
				  chapter in regard to the operation of the Central Criminal Records
				  Exchange.
B. The implementation of
				  this chapter, except as set forth in subsection A of this section, shall be the
				  responsibility of the criminal justice agency as designated and authorized by
				  the county or municipality in cases of political subdivisions. Nothing in this
				  chapter shall be deemed to affect in any way the exercise of responsibility
				  conferred on counties and municipalities of the state under Title 15.2 of the
				  Code of Virginia. The determination of the suitability of the actual procedures
				  instituted by the criminal justice agency will be the subject of study in any
				  audit by the department, mandated by § 9.1-131 of the Code of
				  Virginia.
Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code
						of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part III - Criminal History Record Information Security › Section 6VAC20-120-130 - Physical access

Current through Register Vol. 40, No. 24, July 15, 2024
A. Access to
				  areas in which criminal history record information is collected, stored,
				  processed, or disseminated shall be limited to authorized persons. Control of
				  access shall be ensured through the use of locks, guards, or other appropriate
				  means. Authorized personnel shall be clearly identified .
B. Procedures shall be established to detect
				  an unauthorized attempt or access. Furthermore, a procedure shall be
				  established to be followed in those cases in which an attempt or unauthorized
				  access is detected. Such procedures shall become part of the orientation of
				  employees working in criminal history record information area or areas and
				  shall be reviewed periodically to ensure their effectiveness.
C. Criminal justice agencies shall provide
				  direct access to criminal history record information only to authorized
				  officers or employees of a criminal justice agency and, as necessary, other
				  authorized personnel essential to the proper operation of the criminal history
				  record information system.
D.
				  Criminal justice agencies shall institute, where computer processing is not
				  utilized, procedures to ensure that an individual or agency authorized to have
				  direct access is responsible for (i) the physical security of criminal history
				  record information under its control or in its custody and (ii) the protection
				  of such information from unauthorized access, disclosure, or
				  dissemination.
E. Procedures shall
				  be instituted to protect any central repository of criminal history record
				  information from unauthorized access, theft, sabotage, fire, flood, wind, or
				  other natural or man-made disasters.
F. For criminal justice agencies that have
				  their criminal history files automated, it is highly recommended that "backup"
				  copies of criminal history information be maintained, preferably off-site.
				  Further, for larger criminal justice agencies having automated systems, it is
				  recommended that the criminal justice agencies develop a disaster recovery
				  plan. The plan should be available for inspection and review by the
				  department.
G. System
				  specifications and documentation shall be carefully controlled to prevent
				  unauthorized access and dissemination.
Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code
						of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part III - Criminal History Record Information Security › Section 6VAC20-120-140 - Personnel

Current through Register Vol. 40, No. 24, July 15, 2024
In accordance with applicable law, ordinances, and
					 regulations, the criminal justice agency shall:
1. Screen and have the right to reject for
				  employment, based on good cause, personnel to be authorized to have direct
				  access to criminal history record information;
2. Have the right to initiate or cause to be
				  initiated administrative action leading to the transfer or removal of personnel
				  authorized to have direct access to this information where these personnel
				  violate the provisions of this chapter or other security requirements
				  established for the collection, storage, or dissemination of criminal history
				  record information; and
3. Ensure
				  that all employees working with or having access to criminal history record
				  information shall be made familiar with the substance and intent of this
				  chapter. Designated employees shall be briefed on their roles and
				  responsibilities in protecting the information resources in the criminal
				  justice agency. Special procedures connected with security shall be reviewed
				  periodically to ensure their relevance and continuing effectiveness.
Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code
						of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part III - Criminal History Record Information Security › Section 6VAC20-120-150 - Telecommunications

Current through Register Vol. 40, No. 24, July 15, 2024
Direct or remote access to computer systems for the
					 purpose of accessing criminal history record information shall require that the
					 direct or remote access device use dedicated telecommunication lines. The use
					 of any nondedicated means of data transmission to access criminal history
					 record information shall generally be prohibited. Exceptions may be granted for
					 systems which obtain expressed approval of the department based on a
					 determination that the system has adequate and verifiable policies and
					 procedures in place to ensure that access to criminal history record
					 information is limited to authorized system users. The Department of State
					 Police shall further approve of any access to the Virginia Criminal Information
					 Network (VCIN), in accordance with State Police regulations governing the
					 network. Nothing in this regulation shall be construed to affect the authority
					 of the Department of State Police to regulate access to VCIN.
In those systems where remote access of criminal history
					 record information is permitted, remote access devices must be secure. Remote
					 access devices capable of receiving or transmitting criminal history record
					 information shall be attended during periods of operation. In cases in which
					 the remote access device is unattended, the device shall, through security
					 means, be made inoperable, for purposes of accessing criminal history record
					 information.
Telecommunications facilities used in connection with the
					 remote access device shall also be secured. The remote access device shall be
					 identified on a hardware basis to the host computer. In addition, appropriate
					 identification of the remote access device operator shall be required.
					 Equipment associated with the remote access device shall be reasonably
					 protected from possible tampering or tapping.
Statutory Authority
§ 9.1-102 and Article 3 (§ 9.1-126 et seq.) of Chapter 1
						of Title 9.1 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part III - Criminal History Record Information Security › Section 6VAC20-120-160 - Computer operations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Where
				  computerized data processing is employed, effective and technologically
				  advanced software and hardware design shall be instituted to prevent
				  unauthorized access to this information.
B. Computer operations, whether dedicated or
				  shared, that support criminal justice information systems shall operate in
				  accordance with procedures developed or approved by the participating criminal
				  justice agencies.
C. Criminal
				  history record information shall be stored by the computer in such a manner
				  that it cannot be modified, destroyed, accessed, changed, purged, or overlaid
				  in any fashion by noncriminal justice terminals.
D. Operational programs shall be used that
				  will prohibit inquiry, record updates, or destruction of records from terminals
				  other than criminal justice system terminals that are so designated.
E. The destruction of record shall be limited
				  to designated terminals under the direct control of the criminal justice agency
				  responsible for creating or storing the criminal history record
				  information.
F. Operational
				  programs shall be used to detect and log all unauthorized attempts to penetrate
				  criminal history record information systems, programs, or files.
G. Programs designed (i) for the purpose of
				  prohibiting unauthorized inquiries, unauthorized record updates, or
				  unauthorized destruction of records or (ii) for the detection and logging of
				  unauthorized attempts to penetrate criminal history record information systems
				  shall be known only to the criminal justice agency employees responsible for
				  criminal history record information system control or individuals and agencies
				  pursuant to a specific agreement with the criminal justice agency to provide
				  such security programs. The program or programs shall be kept under maximum
				  security conditions.
H. Criminal
				  justice agencies having automated criminal history record files shall designate
				  a system administrator to maintain and control authorized user accounts, system
				  management, and the implementation of security measures.
I. The criminal justice agency shall have the
				  right to audit, monitor, and inspect procedures established pursuant to this
				  chapter.
Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code
						of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 130 - REGULATIONS GOVERNING THE PRIVACY AND SECURITY OF CRIMINAL HISTORY RECORD INFORMATION CHECKS FOR FIREARM PURCHASES › Part I - General › Section 6VAC20-130-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
												18.2-308.2:2
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 130 - REGULATIONS GOVERNING THE PRIVACY AND SECURITY OF CRIMINAL HISTORY RECORD INFORMATION CHECKS FOR FIREARM PURCHASES › Part II - Regulations › Section 6VAC20-130-30 - Applicability of chapter

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  chapter applies to:
1. All licensed dealers in
				  firearms; and
2. The Department of
				  State Police.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 130 - REGULATIONS GOVERNING THE PRIVACY AND SECURITY OF CRIMINAL HISTORY RECORD INFORMATION CHECKS FOR FIREARM PURCHASES › Part II - Regulations › Section 6VAC20-130-40 - Responsibilities of dealers

Current through Register Vol. 40, No. 24, July 15, 2024
It shall be the responsibility of dealers that transfer
					 firearms in Virginia to comply with the following:
1. Register with the Department of State
				  Police to obtain from the department a dealer identification number (DIN) and
				  to access the department's criminal history record VCheck program by telephone
				  or via the Internet.
2. Prior to
				  transferring any firearm, determine if the firearm is a "firearm" as defined in
				  this chapter and §
										18.2-308.2:2
				  of the Code of Virginia.
3. Deny
				  the transfer of a handgun to a non-Virginia resident in accordance with
				  18
				  USC §
											922(b)(3).
4. Complete the VFTR form.
5. Request a criminal history record
				  information check prior to the transfer of any such firearm.
6. Request a criminal history record check
				  either by telephone, mail, VCheck, or other communication authorized by the
				  Department of State Police prior to the sale of shotguns and rifles to
				  non-Virginia residents.
7. Maintain
				  required forms and records according to the procedures outlined in these
				  regulations.
8. Deny the transfer
				  of a firearm if advised by the Department of State Police that the prospective
				  purchaser is ineligible to possess such a firearm and the department
				  disapproved the transfer of a firearm to the prospective purchaser.
9. Notify the Department of State Police
				  promptly upon any change in registration information (telephone number,
				  address, federal firearms license number, etc.).
10. Provide written notice of the closing of
				  the business to Department State Police in advance of the actual closing
				  date.
Statutory Authority: §
												18.2-308.2:2
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 130 - REGULATIONS GOVERNING THE PRIVACY AND SECURITY OF CRIMINAL HISTORY RECORD INFORMATION CHECKS FOR FIREARM PURCHASES › Part II - Regulations › Section 6VAC20-130-50 - Responsibilities of the Department of State Police

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Department of State Police shall
				  operate telephone, mail, VCheck, or other authorized communication response
				  systems to provide dealers in firearms (as defined in this chapter) with
				  information on the legal eligibility of prospective purchasers to possess or
				  transport firearms covered under these regulations. This information shall be
				  released only to authorized dealers. Prior to the release of the information,
				  the identity of the dealer and the prospective purchaser can be reasonably
				  established.
B. In no case shall
				  the department release to any dealer actual criminal history record information
				  as defined in this chapter. The dealer shall only receive from the department a
				  statement of the department's approval or disapproval of the transfer, and an
				  approval code number, if applicable, unique to the transaction. A statement of
				  approval or disapproval shall be based on the department's review of the
				  prospective purchaser's criminal history record information and restrictions on
				  the transfer of firearms to felons enumerated in §
										18.2-308.2
				  of the Code of Virginia or federal law. This statement shall take one of the
				  following two statuses:
(i) approval with an
				  approval code number or
(ii)
				  disapproval with no approval code number.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 130 - REGULATIONS GOVERNING THE PRIVACY AND SECURITY OF CRIMINAL HISTORY RECORD INFORMATION CHECKS FOR FIREARM PURCHASES › Part II - Regulations › Section 6VAC20-130-60 - Preparing for a criminal history record check

Current through Register Vol. 40, No. 24, July 15, 2024
A. General procedures.
1. If any firearm, which a prospective
				  purchaser intends to obtain in transfer, is a firearm as defined in this
				  chapter, the dealer shall request that the Department of State Police conduct a
				  criminal history record check on the purchaser. The dealer may obtain the
				  required record check from the department for purchasers who are residents of
				  Virginia by (i) telephoning the department using the provided toll-free number,
				  (ii) using VCheck, or (iii) using another communication authorized by the
				  Department of State Police and requesting the record check. For out-of-state
				  residents who purchase rifles or shotguns, the dealer may request the record
				  check from the department by telephone, mail, or delivery. However, Virginia
				  residents may, if they elect, request the dealer to obtain a record check by
				  mail. The initial required steps of completion of the VFTR, obtaining consent
				  of the purchaser, determining residency and verifying identity are common to
				  telephone, mail, VCheck, or other communication authorized by the Department of
				  State Police for obtaining the record check.
2. The dealer shall request a criminal
				  history record check and obtain the prospective purchaser's signature on the
				  consent portion of the form for each new transfer of a firearm to a given
				  purchaser. One record check is sufficient for any number of firearms in a given
				  transfer, but once a transaction has been completed, no transfer to the same
				  purchaser shall proceed without a new record check.
3. A criminal history record check shall be
				  conducted prior to the actual transfer of a firearm.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 130 - REGULATIONS GOVERNING THE PRIVACY AND SECURITY OF CRIMINAL HISTORY RECORD INFORMATION CHECKS FOR FIREARM PURCHASES › Part II - Regulations › Section 6VAC20-130-90 - Proper use of the components of the criminal history record check system: Forms, records, toll-free telephone number, VCheck passwords, and DIN

Current through Register Vol. 40, No. 24, July 15, 2024
A. The VFTR forms
				  will be provided to the dealer by the department. VFTR forms shall not be
				  transferred from one dealer to another. All VFTR forms partially completed,
				  torn, defaced or otherwise rendered unusable shall be marked "VOID" and
				  disposed of in a manner that will not allow their reuse. All unused forms shall
				  remain the property of the Department of State Police and shall be returned to
				  the department in the event that a dealer ceases to engage in the transfer of
				  firearms in a manner which is regulated by the Department of Criminal Justice
				  Services.
B. The dealer will retain
				  the original of the VFTR form for his own files.
C. The dealer shall keep all blank and
				  completed VFTR originals and all returned copies in a secure area, which will
				  restrict access to the information contained on the VFTR forms to authorized
				  employees only.
D. The department
				  shall retain a copy of all VFTR forms received from dealers according to the
				  procedures outlined in this subsection.
1.
				  Approved transfers. Thirty days after the department has notified the dealer of
				  an approved transfer, the department shall destroy the VFTR form still in its
				  possession and all identifiable information collected pertaining to a
				  prospective purchaser.
2.
				  Disapproved transfers. VFTR forms recording a transfer that was not approved
				  shall be maintained by the department in a separate file, maintained by name of
				  prospective purchaser.
a. The information
				  contained in these forms shall be used by the department for legitimate
				  law-enforcement purposes only and shall be governed by existing regulations
				  concerning the privacy and security of criminal history record
				  information.
b. The department may
				  maintain any other printouts or reports with these copies of the VFTR form,
				  provided they are treated as criminal history record information.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 130 - REGULATIONS GOVERNING THE PRIVACY AND SECURITY OF CRIMINAL HISTORY RECORD INFORMATION CHECKS FOR FIREARM PURCHASES › Part II - Regulations › Section 6VAC20-130-100 - Monitor

Current through Register Vol. 40, No. 24, July 15, 2024
The Department of State Police shall continuously observe
					 compliance with requirements regarding VFTR form completion, notification of
					 the Department of State Police following firearm transfers, form management and
					 storage, and confidentiality and proper use of the DIN and the VCheck password
					 information for Virginia resident telephone and VCheck record checks.
1. The department may invalidate a particular
				  DIN to ensure the continuous integrity of the criminal history record
				  information. Prior to such invalidation, the department shall notify the dealer
				  orally, by telephone, or in writing of the reasons for such invalidation and
				  allow the dealer the opportunity to respond.
2. Should the department identify minor
				  violations of the provisions of this chapter, the department may monitor all
				  future requests of the dealer for criminal history record checks as needed.
				  Occurrences of additional violations or major or repeated violations may result
				  in a subsequent monitoring or a criminal investigation of the dealer.
NOTICE: The following form used in administering the
					 regulation was filed by the agency. The form is not being published; however,
					 online users of this issue of the Virginia Register of Regulations may follow
					 instructions with the name of the form to access it. The form is also available
					 from the agency contact or may be viewed at the Office of the Registrar of
					 Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia
					 23219.
Statutory Authority: §
												18.2-308.2:2
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 130 - REGULATIONS GOVERNING THE PRIVACY AND SECURITY OF CRIMINAL HISTORY RECORD INFORMATION CHECKS FOR FIREARM PURCHASES › Part II - Regulations › Form - FORMS (6VAC20-130)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Firearms Transaction Record, Form SP-65, (eff.
					 7/2015) (Form SP-65 is obtained directly from the Virginia State Police,
					 Firearms Transaction Center Help Desk, (804) 674-2292 or (804) 674-2788, or
					 email firearms@vsp.virginia.gov.)
Statutory Authority: §
												18.2-308.2:2
						of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 140 › Section 6VAC20-140-10 through 6VAC20-140-90 - Repealed

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 9.1-102 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 150 - RULES RELATING TO THE FORFEITED DRUG ASSET SHARING PROGRAM › Section 6VAC20-150-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Agency" means any federal, state or local agency or office
				  that directly participated in the investigation or other law-enforcement
				  activity which led, directly or indirectly, to the seizure and
				  forfeiture.
"Agency administrator" means any chief of police, sheriff,
				  commonwealth's attorney or agency head of a federal, state or local agency or
				  office.
"Asset" means any property or interest in property, whether
				  tangible or intangible, real or personal.
"Board" means the Criminal Justice Services Board.
"Chief administrative officer" means the officer vested with
				  the administrative and executive function of a political subdivision (e.g.,
				  city manager, county manager, etc.), or in the case of an executive branch
				  agency, the director, administrator, superintendent or other equivalent
				  position as provided by law, unless such agency operates under a supervisory
				  board as defined in § 9-6.25:3 of the Code of Virginia, in which case the
				  chairman of the supervisory board shall be deemed "chief administrative
				  officer."
"Committee" means the Forfeited Asset Distribution Committee
				  of the Criminal Justice Services Board, sometimes referred to as "FADC."
"Department" or "DCJS" means the Department of Criminal
				  Justice Services.
"Designated seizing agency" means the agency or office which
				  initiates the seizure, or which retains possession of the seized property.
				  Designated seizing agency may include the agency chosen by mutual decision of
				  the participating agencies.
"Director" means the chief administrative officer of the
				  Department of Criminal Justice Services.
"In-kind property" in this context means the actual property
				  other than cash seized, forfeited and returned to the seizing agency for
				  law-enforcement purposes. In-kind property includes property which is received
				  in exchange for original in-kind property.
"Proceeds" means actual cash forfeited, and the cash value
				  returned from the sale of forfeited property, including property that may have
				  been returned "in-kind" and sold during a one-year period for a value greater
				  than $250.
Statutory Authority
§§ 19.2-386.4, 19.2-386.10 and 19.2-386.14 of the Code of
					 Virginia.