reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VI - Administrative Requirements/Standards of Conduct › Form - FORMS (6VAC20-250)

Current through Register Vol. 40, No. 24, July 15, 2024
Property
					 Bail Bondsman - Monthly Outstanding Bond Report
					 (5/14)
Statutory Authority: §§ 9.1-102 and 9.1-185.2 of the Code
						of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 1 - Complaints › Section 6VAC20-250-300 - Submittal requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
					 aggrieved or interested person may file a complaint against any person whose
					 conduct and activities are regulated or required to be regulated by the board.
					 The complaint must allege a violation of the law governing bail bondsman
					 services or this regulation.
B.
					 Complaints may be submitted:
1. In writing, or
					 on a form provided by the department, by a signed complainant;
2. In writing, submitted anonymously, that
					 provide sufficient detailed information for the department to conduct an
					 investigation; or
3.
					 Telephonically, providing the complaint alleges activities that constitute a
					 life-threatening situation, or have resulted in personal injury or loss to the
					 public or to a consumer, or that may result in imminent harm or personal
					 injury, and that provide sufficient detailed information for the department to
					 conduct an investigation.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 1 - Complaints › Section 6VAC20-250-310 - Department investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may initiate or conduct an investigation based on any information
					 received or action taken by the department to determine compliance with the
					 Code of Virginia and this regulation.
B. Documentation.
1. Persons regulated or required to be
					 regulated by this regulation pursuant to the Code of Virginia are required to
					 provide department investigators with any and all records required to be
					 maintained by this regulation.
a. This shall
					 not be construed to authorize the department to demand records protected under
					 applicable federal and state laws. If such records are necessary to complete an
					 investigation, the department may seek a subpoena to satisfy the
					 request.
b. The department shall
					 endeavor to review, and request as necessary, only those records required to
					 verify alleged violations of compliance with the Code of Virginia and this
					 regulation.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 2 - Department Actions › Section 6VAC20-250-320 - Disciplinary action; sanctions; publication of records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each person subject to jurisdiction of
					 this regulation who violates any statute or regulation pertaining to bail
					 bondsman services shall be subject to sanctions imposed by the department
					 regardless of criminal prosecution.
B. The department may impose any of the
					 following sanctions, singly or in combination, when it finds the respondent in
					 violation or in noncompliance of the Code of Virginia or of this regulation:
1. Letter of reprimand or censure;
2. Probation for any period of
					 time;
3. Suspension of license or
					 approval granted, for any period of time;
4. Revocation;
5. Refusal to issue or renew a license or
					 approval;
6. Fine not to exceed
					 $2,500 per violation as long as the respondent was not criminally prosecuted;
					 or
7. Remedial training.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 2 - Department Actions › Section 6VAC20-250-330 - Fines, administrative and investigative costs

Current through Register Vol. 40, No. 24, July 15, 2024
The department may recover costs of any investigation and
						adjudication of any violations of the Code of Virginia or regulations that
						result in a sanction, including fine, probation, suspension, revocation or
						denial of any license. Such costs shall be in addition to any monetary penalty
						that may be imposed.
Statutory Authority
§ 9.1-185.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 3 - Adjudication › Section 6VAC20-250-340 - Hearing process

Current through Register Vol. 40, No. 24, July 15, 2024
Following a preliminary investigative process, the
						department may initiate action to resolve the complaint through an informal
						fact-finding conference or formal hearing as established in this regulation.
						Pursuant to the authority conferred in § 9.1-141C 6 of the Code of Virginia and
						in accordance with the procedures set forth by the Administrative Process Act
						(§ 2.2-4000 et seq. of the Code of Virginia) and the procedures prescribed
						herein, the department is empowered to receive, review, investigate and
						adjudicate complaints concerning the conduct of any person whose activities are
						regulated by the board. The board will hear and act upon appeals arising from
						decisions made by the director. In all case decisions, the Criminal Justice
						Services Board shall be the final agency authority.
Statutory Authority
§ 9.1-185.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 3 - Adjudication › Section 6VAC20-250-350 - Informal fact-finding conference

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of an informal fact-finding conference is to
						resolve allegations through informal consultation and negotiation. Informal
						fact-finding conferences shall be conducted in accordance with § 2.2-4019 of
						the Code of Virginia. The respondent, the person against whom the complaint is
						filed, may appeal the decision of an informal fact-finding conference and
						request a formal hearing provided that written notification is given to the
						department within 30 days of the date the informal fact-finding decision notice
						was served, or the date it was mailed to the respondent, whichever occurred
						first. In the event the informal fact-finding decision was served by mail,
						three days shall be added to that period.
Statutory Authority
§ 9.1-185.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 3 - Adjudication › Section 6VAC20-250-360 - Formal hearing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Formal
					 hearing proceedings may be initiated in any case in which the basic laws
					 provide expressly for a case decision, or in any case to the extent the
					 informal fact-finding conference has not been conducted or an appeal thereto
					 has been timely received. Formal hearings shall be conducted in accordance with
					 § 2.2-4020 of the Code of Virginia. The findings and decision of the director
					 resulting from a formal hearing may be appealed to the board.
B. After a formal hearing pursuant to §
					 2.2-4020 of the Code of Virginia wherein a sanction is imposed to fine, or to
					 suspend, revoke or deny issuance or renewal of any license or approval, the
					 department may assess the holder thereof the cost of conducting such hearing
					 when the department has final authority to grant such license or approval,
					 unless the department determines that the offense was inadvertent or done in
					 good faith belief that such act did not violate a statute or regulation. The
					 cost shall be limited to (i) the reasonable hourly rate for the hearing officer
					 and (ii) the actual cost of recording the proceedings. This assessment shall be
					 in addition to any fine imposed by sanctions.
Statutory Authority
§ 9.1-185.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 3 - Adjudication › Section 6VAC20-250-370 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
The findings and the decision of the director may be
						appealed to the board provided that written notification is given to the
						attention of the Director of the Department of Criminal Justice Services within
						30 days following the date notification of the hearing decision was served, or
						the date it was mailed to the respondent, whichever occurred first. In the
						event the hearing decision is served by mail, three days shall be added to that
						period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)
Statutory Authority
§ 9.1-185.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 250 - REGULATIONS RELATING TO PROPERTY AND SURETY BAIL BONDSMEN › Part VII - Complaints, Department Actions, Adjudication › Article 3 - Adjudication › Section 6VAC20-250-380 - Court review; appeal of final agency order

Current through Register Vol. 40, No. 24, July 15, 2024
A. The final administrative decision may be
					 appealed pursuant to § 2.2-4026 of the Code of Virginia.
B. Notification shall be given to the
					 attention of the Director of the Department of Criminal Justice Services in
					 writing within 30 days of the date notification of the board decision was
					 served, or the date it was mailed to the respondent, whichever occurred first.
					 In the event the board decision was served by mail, three days shall be added
					 to that period. (Rule 2A:2 of Rules of the Virginia Supreme Court.)
C. During all judicial proceedings incidental
					 to such disciplinary action, the sanctions imposed by the board shall remain in
					 effect unless the court issues a stay of the order.
Statutory Authority
§ 9.1-185.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part I - Definitions › Section 6VAC20-260-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this regulation
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Armed" means a bail enforcement agent who carries or has
					 immediate access to a firearm in the performance of his duties.
"Bail bondsman" means any person who is licensed by the
					 department who engages in the business of bail bonding and is thereby
					 authorized to conduct business in all courts of the Commonwealth.
"Bail enforcement agent," also known as "bounty hunter,"
					 means any individual engaged in bail recovery.
"Bail recovery" means an act whereby a person arrests a
					 bailee with the object of surrendering the bailee to the appropriate court,
					 jail, or police department for the purpose of discharging the bailee's surety
					 from liability on his bond. Bail recovery shall include investigating,
					 surveilling or locating a bailee in preparation for an imminent arrest, with
					 such object and for such purpose.
"Bailee" means a person who has been released on bail and
					 who is or has been subject to a bond as defined in § 19.2-119 of the Code of
					 Virginia.
"Board" means the Criminal Justice Services Board or any
					 successor board or agency.
"Department" or "DCJS" means the Department of Criminal
					 Justice Services or any successor agency.
"Firearms endorsement" means a method of regulation that
					 identifies a person licensed as a bail enforcement agent who has successfully
					 completed the annual firearms training and has met the requirements as set
					 forth in this regulation.
"On duty" means the time during which bail enforcement
					 agents receive or are entitled to receive compensation for employment for which
					 licensure is required.
"Private security services training school" means a
					 training school that is certified or licensedby the department for the specific
					 purpose of training regulated personnel in at least one category of the
					 compulsory minimum training standards.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part II - Fees › Section 6VAC20-260-20 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Schedule of
				  fees. The following fees reflect the costs of handling, issuance, and
				  production associated with administering and processing applications for
				  licensing and other administrative requests for services relating to bail
				  enforcement services:
Categories
Fees
Initial bail enforcement agent license
$200
Bail enforcement agent license renewal (biannually)
$200
Firearms endorsement (annually)
$30
Fingerprint card processing (biannually)
$50
Replacement photo identification
$30
Partial training exemption
$25
In-service alternative training credit
$25
B.
				  Reinstatement fee.
1. The department shall
				  collect a reinstatement fee for license renewal applications not received on or
				  before the expiration date of the expiring license.
2. The reinstatement fee shall be 50% above
				  and beyond the renewal fee of the license or any other credential issued by the
				  department wherein a fee is established and renewal is required.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-30 - Bail enforcement agent eligibility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Persons required to be licensed pursuant
				  to subdivision 47 of § 9.1-102 of the Code of Virginia as a bail enforcement
				  agent shall meet all licensure requirements in this section. Persons who carry
				  or have access to a firearm while on duty must have a valid license with a
				  firearms endorsement as described under
				  6VAC20-260-80. If carrying a
				  handgun concealed, the person must also (i) have a valid concealed handgun
				  permit pursuant to Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title
				  18.2 of the Code of Virginia and (ii) the written permission of his
				  employer.
B. Each person applying
				  for a bail enforcement agent license shall meet the minimum requirements for
				  eligibility as follows:
1. Be a minimum of 21
				  years of age;
2. Be a United States
				  citizen or legal resident alien of the United States;
3. Have received a high school diploma or
				  passed a high school equivalency examination approved by the Board of
				  Education; and
4. Have successfully
				  completed all initial training requirements, including firearms endorsement if
				  applicable, requested pursuant to the compulsory minimum training standards in
				  Part IV (6VAC20-260-120 et seq.) of this
				  chapter.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-40 - Initial bail enforcement agent license application

Current through Register Vol. 40, No. 24, July 15, 2024
Prior to the issuance of any bail enforcement agent
					 license, each agent applicant shall:
1. File with the department a completed
				  application for such license on the form and in the manner provided by the
				  department;
2. Provide the address
				  of a physical location in Virginia where records required to be maintained
				  pursuant to
				  6VAC20-260-230 are kept and
				  available for inspection by the department. A post office box is not a physical
				  location;
3. Successfully complete
				  entry-level training, and firearms training if applicable, pursuant to the
				  compulsory minimum training standards set forth under Part IV (6VAC20-260-120 et seq.) of this
				  regulation;
4. Submit fingerprints
				  to the department pursuant to
				  6VAC20-260-50; and
5. Submit the appropriate nonrefundable
				  application processing fee to the department.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-50 - Fingerprint processing

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  person applying for licensure as a bail enforcement agent shall submit to the
				  department:
1. One completed fingerprint card
				  provided by the department or another electronic method approved by the
				  department;
2. A fingerprint
				  processing application;
3. The
				  applicable nonrefundable fee; and
4. All criminal history conviction
				  information on a form provided by the department.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-60 - Application sanctions/denial, probation, suspension and revocation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				  may deny a license in which any person has been convicted in any jurisdiction
				  of any felony. Any plea of nolo contendere shall be considered a conviction for
				  the purposes of this regulation. The record of a conviction, authenticated in
				  such form as to be admissible in evidence under the laws of the jurisdiction
				  where convicted, shall be admissible as prima facie evidence of such
				  conviction.
B. The department may
				  deny a license in which any person (i) has not maintained good standing in
				  every jurisdiction where licensed; (ii) has had his license denied upon initial
				  application, suspended, revoked, surrendered, or not renewed; or (iii) has
				  otherwise been disciplined in connection with a disciplinary action prior to
				  applying for licensing in Virginia.
C. Any false or misleading statement on any
				  state application or supporting documentation is grounds for denial or
				  revocation and may be subject to criminal prosecution.
D. The department may deny licensure to a
				  person for other just cause.
E. A
				  licensee shall be subject to disciplinary action for violations or
				  noncompliance with the Code of Virginia or this regulation. Disciplinary action
				  shall be in accordance with procedures prescribed by the Administrative Process
				  Act. The disciplinary action may include but is not limited to a letter of
				  censure, fine, probation, suspension or revocation.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-70 - License issuance

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon
				  completion of the initial license application requirements, the department may
				  issue an initial license for a period not to exceed 24 months.
B. Each license shall be issued to the
				  applicant named on the application and shall be valid only for the person named
				  on the license. No license shall be assigned or otherwise transferred to
				  another person.
C. Each licensee
				  shall comply with all applicable administrative requirements and standards of
				  conduct and shall not engage in any acts prohibited by applicable sections of
				  the Code of Virginia and this regulation.
D. At the discretion of the department, a
				  temporary license may be issued for a 30-day period while awaiting the results
				  of the applicant's criminal history records search based on extenuating
				  circumstances.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-80 - Firearms endorsement

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  addition to applying for a bail enforcement agent license, each applicant who
				  carries or has access to a firearm while on duty must apply for such
				  endorsement on a form and in the manner prescribed by the board and containing
				  any information the board requires.
B. Prior to the issuance of a firearms
				  endorsement, each applicant shall:
1.
				  Successfully complete the entry-level firearms training pursuant to the
				  compulsory minimum training standards as set forth in Part IV (6VAC20-260-120 et seq.) of this
				  regulation; and
2. Submit the
				  appropriate nonrefundable application processing fee to the
				  department.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-90 - License renewal application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The department should receive applications for licensure renewal at least 30
				  days prior to expiration. The department will provide a renewal notification to
				  the last known mailing address of the licensed person. However, if a renewal
				  notification is not received by the person, it is the responsibility of the
				  person to ensure renewal requirements are filed with the department. License
				  renewal applications must be received by the department and all license
				  requirements must be completed prior to the expiration date or shall be subject
				  to all applicable, nonrefundable renewal fees plus reinstatement fees.
				  Outstanding fees or monetary penalties owed to DCJS must be paid prior to
				  issuance of a renewal.
B. Each
				  person applying for license renewal shall meet the minimum requirements for
				  eligibility as follows:
1. Successfully
				  complete the in-service training, and firearms retraining if applicable,
				  pursuant to the compulsory minimum training standards set forth under Part IV
				  (6VAC20-260-120 et seq.) of this
				  regulation;
2. Be in good standing
				  in every jurisdiction where licensed. This subdivision shall not apply to any
				  probationary periods during which the person is eligible to operate under the
				  license; and
3. Maintain
				  eligibility pursuant to
				  6VAC20-260-30 B.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-100 - Replacement state-issued identification

Current through Register Vol. 40, No. 24, July 15, 2024
A licensed person seeking a replacement state-issued photo
					 identification shall submit to the department:
1. A properly completed application provided
				  by the department; and
2. The
				  applicable, nonrefundable application fee.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part III - Licensing Procedures and Requirements › Section 6VAC20-260-110 - Reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. A bail
				  enforcement agent license not renewed on or before the expiration date shall
				  become null and void. Pursuant to the Code of Virginia, all such persons must
				  currently be licensed with the department to provide bail enforcement agent
				  services.
B. A renewal application
				  must be received by the department within 60 days following the expiration date
				  of the license in order to be reinstated by the department, providing all
				  renewal requirements have been met. Prior to reinstatement, the following shall
				  be submitted to the department:
1. The
				  appropriate renewal application and completion of renewal requirements,
				  including required training pursuant to this chapter; and
2. The applicable, nonrefundable
				  reinstatement fee pursuant to this chapter and in accordance with
				  6VAC20-260-20 B.
The department shall not reinstate renewal applications
					 received after the 60-day reinstatement period has expired. It is unlawful to
					 operate without a valid license including during a reinstatement period.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 1 - Training Requirements › Section 6VAC20-260-120 - Entry-level training

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each bail
					 enforcement agent as defined by § 9.1-186 of the Code of Virginia must meet the
					 compulsory minimum training standards established in this part unless provided
					 for otherwise in accordance with this regulation.
B. Training will be credited only if
					 application for licensure is submitted to the department within 12 months of
					 completion of training.
C. The
					 compulsory minimum entry-level training hour requirement by category, excluding
					 examinations, practical exercises and range qualification, shall be:
1. Bail Enforcement Core Training -- 40
					 hours.
2. Firearms Training -- 14
					 hours.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 1 - Training Requirements › Section 6VAC20-260-130 - In-service training

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each person
					 licensed with the department as a bail enforcement agent shall complete the
					 compulsory in-service training standards within the last 12 months preceding
					 the expiration date of licensure.
B. The compulsory minimum in-service training
					 course content by category, excluding examinations, practical exercises and
					 range qualification, shall be as follows:
Bail enforcement core subjects:
1. Legal authority -- 2 hours
2. Job-related training -- 6 hours
Total hours -- 8 hours
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 1 - Training Requirements › Section 6VAC20-260-140 - Training exemption

Current through Register Vol. 40, No. 24, July 15, 2024
Persons who meet the statutory requirements as set forth
						in § 9.1-186 of the Code of Virginia may apply for a partial exemption from the
						compulsory training standards. Individuals requesting such partial exemption
						shall file an application furnished by the department and include the
						applicable, nonrefundable application fee. The department may issue such
						partial exemption on the basis of individual qualifications as supported by
						required documentation. Those applying for and receiving exemptions must comply
						with all regulations promulgated by the board. Each person receiving a partial
						exemption must apply to the department for registration within 12 months from
						the date of issuance; otherwise the partial exemption shall become null and
						void.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 1 - Training Requirements › Section 6VAC20-260-150 - Entry-level training exemption

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Persons previously employed as law-enforcement officers for a local, state or
					 federal government who have not terminated or been terminated from the
					 employment more than five years prior to the application date must submit
					 official documentation of the following with the application for partial
					 exemption of the entry-level training requirements:
1. Completion of law-enforcement entry-level
					 training; and
2. Five continuous
					 years of law-enforcement employment, provided such employment as a
					 law-enforcement officer was not terminated due to misconduct or
					 incompetence.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 1 - Training Requirements › Section 6VAC20-260-160 - In-service alternative training credit

Current through Register Vol. 40, No. 24, July 15, 2024
Persons who have completed training that meets or exceeds
						the compulsory minimum training standards promulgated by the board for the
						in-service training required for bail enforcement agents may be authorized
						credit for such training, provided the training has been completed within 12
						months of the expiration date of the license period during which in-service
						training is required. Such training must be provided by a third party
						organization offering services or expertise for the particular training
						category. Official documentation of the following must accompany the
						application for in-service training credit:
1. Information regarding the sponsoring
					 organization, including documentation regarding the instructor for each
					 session;
2. An outline of the
					 training session material, including the dates, times and specific subject
					 matter;
3. Proof of attendance and
					 successful completion; and
4. The
					 applicable, nonrefundable application fee.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 1 - Training Requirements › Section 6VAC20-260-170 - Prior firearms training exemption

Current through Register Vol. 40, No. 24, July 15, 2024
Persons having previous department-approved firearms
						training may be authorized credit for such training that meets or exceeds the
						compulsory minimum training standards for private security services business
						personnel, provided such training has been completed within the 12 months
						preceding the date of application. Official documentation of the following must
						accompany the application for partial in-service training credit:
1. Completion of department-approved firearms
					 training; and
2. Qualification at a
					 Virginia criminal justice agency, academy or correctional department.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 1 - Training Requirements › Section 6VAC20-260-180 - Renewal extension

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
					 extension of the time period to meet in-service training requirements for
					 renewal of a license may be approved only under specific circumstances that do
					 not allow bail enforcement agents to complete the required renewal procedures
					 within the prescribed time period. The following are the only circumstances for
					 which extensions may be granted:
1. Extended
					 illness;
2. Extended injury;
					 or
3. Military
					 deployment.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 2 - Firearms Training Requirements › Section 6VAC20-260-190 - General firearms training requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Firearms training endorsement is required for all bail
						enforcement agents who carry or have access to a firearm while on duty. Each
						person who carries or has access to firearms while on duty shall qualify with
						each type of action and caliber of firearm to which he has
						access.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 2 - Firearms Training Requirements › Section 6VAC20-260-200 - Firearms (handgun/shotgun) entry-level training

Current through Register Vol. 40, No. 24, July 15, 2024
All armed bail enforcement agents must satisfactorily
						complete the firearms classroom training, practical exercises and range
						training as prescribed in 6VAC20-171, Regulations Relating to Private Security
						Services, for handgun and for shotgun, if applicable, prior to the issuance of
						the firearms endorsement.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part IV - Compulsory Minimum Training Standards for Bail Enforcement Agents › Article 2 - Firearms Training Requirements › Section 6VAC20-260-210 - Firearms (handgun/shotgun) retraining

Current through Register Vol. 40, No. 24, July 15, 2024
On an annual basis all armed bail enforcement agents must
						requalify for a firearms endorsement by satisfactorily completing firearms
						classroom training, practical exercises and range training as prescribed in
						6VAC20-171, Regulations Relating to Private Security Services, for handgun and
						for shotgun, if applicable.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part V - Recordkeeping Standards and Reporting Requirements › Section 6VAC20-260-230 - Reporting standards and requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensed bail enforcement agent shall
				  (i) report within 10 calendar days to the department any change in his
				  residence, name, business name, or business address and (ii) ensure that the
				  department has the names and fictitious names of all companies under which he
				  carries out his bail recovery business.
B. Each licensed bail enforcement agent
				  arrested or issued a summons for any crime shall report such fact within 10
				  calendar days to the department and shall report to the department within 10
				  days the facts and circumstances regarding the final disposition of his
				  case.
C. Each licensed bail
				  enforcement agent shall report to the department within 10 calendar days of the
				  final disposition any administrative action taken against him by another
				  governmental agency in the Commonwealth or in another jurisdiction. Such report
				  shall include a copy of the order, consent to order, or other relevant legal
				  documents.
D. Each licensed bail
				  enforcement agent shall report to the department within 24 hours any event in
				  which he discharges a firearm during the course of his duties.
E. The bail enforcement agent shall retain,
				  for a minimum of three calendar years from the date of a recovery, copies of
				  all written documentation in connection with the recovery of a bailee pursuant
				  to 6VAC20-260-260.
Statutory Authority: §§ 9.1-102 and 9.1-186.2 of the Code
						of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part VI - Administrative Requirements; Standards of Conduct › Section 6VAC20-260-240 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
All bail enforcement agents are required to maintain
					 administrative requirements and standards of conduct as determined by the Code
					 of Virginia, department guidelines and this regulation.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part VI - Administrative Requirements; Standards of Conduct › Section 6VAC20-260-260 - Recovery of bailees; methods of capture; standards and requirements; limitations

Current through Register Vol. 40, No. 24, July 15, 2024
A. During
				  the recovery of a bailee, a bail enforcement agent shall have a copy of the
				  relevant recognizance for the bailee. He shall also have written authorization
				  from the bailee's bondsman, obtained prior to effecting the capture. The
				  department shall develop the written authorization form to be used in such
				  circumstances.
B. A bail
				  enforcement agent shall not enter a residential structure without first
				  verbally notifying the occupants who are present at the time of the
				  entry.
C. Absent exigent
				  circumstances, a bail enforcement agent shall give prior notification of at
				  least 24 hours to local law enforcement or state police of the intent to
				  apprehend a bailee. In all cases, a bail enforcement agent shall inform local
				  law enforcement within 60 minutes of capturing a bailee.
D. In the apprehension of a bailee, the bail
				  enforcement agent shall provide a written inventory of items taken into
				  possession to both the bailee as well as the legal detainment
				  facility.
E. A bail enforcement
				  agent shall not utilize a canine or security rifle in the performance of bail
				  recovery.
F. A bail enforcement
				  agent may not transfer a bailee to an unlicensed bail bondsman or bail
				  enforcement agent within the Commonwealth of Virginia.
G. A bail enforcement agent shall not break
				  any laws of the Commonwealth in the act of apprehending a bailee.
H. A bail enforcement agent shall adhere to
				  the recovery requirements pursuant to § 19.2-149 of the Code of
				  Virginia.
I. A bail enforcement
				  agent must complete and maintain the information on the recovery of a bailee on
				  a form prescribed by the department.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part VI - Administrative Requirements; Standards of Conduct › Section 6VAC20-260-270 - Uniforms and identification; standards and restrictions

Current through Register Vol. 40, No. 24, July 15, 2024
A. A bail enforcement agent shall not wear,
				  carry, or display any uniform, badge, shield, or other insignia or emblem that
				  implies he is an agent of state, local, or federal government.
B. A bail enforcement agent shall wear or
				  display only identification issued by, or whose design has been approved by,
				  the department.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part VII - Complaints, Department Actions, Adjudication › Article 1 - Complaints › Section 6VAC20-260-280 - Submittal requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
					 aggrieved or interested person may file a complaint against any person whose
					 conduct and activities are regulated or required to be regulated by the board.
					 The complaint must allege a violation of the law governing bail enforcement
					 services or this regulation.
B.
					 Complaints may be submitted:
1. In writing,
					 or on a form provided by the department, by a signed complainant;
2. In writing, submitted anonymously, that
					 provide sufficient detailed information for the department to conduct an
					 investigation; or
3.
					 Telephonically, providing the complaint alleges activities that constitute a
					 life-threatening situation, have resulted in personal injury or loss to the
					 public or to a consumer, or may result in imminent harm or personal injury, and
					 that provide sufficient detailed information for the department to conduct an
					 investigation.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part VII - Complaints, Department Actions, Adjudication › Article 1 - Complaints › Section 6VAC20-260-290 - Department investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may initiate or conduct an investigation based on any information
					 received or action taken by the department to determine compliance with the
					 Code of Virginia and this regulation.
B. Documentation.
1. Persons regulated or required to be
					 regulated by this regulation pursuant to the Code of Virginia are required to
					 provide department investigators with any and all records required to be
					 maintained by this regulation.
a. This shall
					 not be construed to authorize the department to demand records protected under
					 applicable federal and state laws. If such records are necessary to complete an
					 investigation, the department may seek a subpoena to satisfy the
					 request.
b. The department shall
					 endeavor to review, and request as necessary, only those records required to
					 verify alleged violations of compliance with the Code of Virginia and this
					 regulation.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part VII - Complaints, Department Actions, Adjudication › Article 2 - Department Actions › Section 6VAC20-260-300 - Penalties: criminal and monetary

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who engages in bail recovery in
					 the Commonwealth without a valid license issued by the department is guilty of
					 a Class 1 misdemeanor. A third conviction under this section is a Class 6
					 felony.
B. Any person who violates
					 any statute or board regulation who is not criminally prosecuted shall be
					 subject to the monetary penalty provided in this section. If the board
					 determines that a respondent is guilty of the violation complained of, the
					 board shall determine the amount of the monetary penalty for the violation,
					 which shall not exceed $2,500 for each violation. The penalty may be sued for
					 and recovered in the name of the Commonwealth.
Statutory Authority
§§ 9.1-102 and 9.1-186.2 of the Code of
						  Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 260 - REGULATIONS RELATING TO BAIL ENFORCEMENT AGENTS › Part VII - Complaints, Department Actions, Adjudication › Article 2 - Department Actions › Section 6VAC20-260-310 - Disciplinary action; sanctions; publication of records

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each person subject to jurisdiction of
					 this regulation who violates any statute or regulation pertaining to bail
					 enforcement services shall be subject to sanctions imposed by the department
					 regardless of criminal prosecution.
B. The department may impose any of the
					 following sanctions, singly or in combination, when it finds the respondent in
					 violation or in noncompliance of the Code of Virginia or of this regulation:
1. Letter of reprimand or censure;
2. Probation for any period of
					 time;
3. Suspension of license or
					 approval granted, for any period of time;
4. Revocation;
5. Refusal to issue or renew a license or
					 approval;
6. Fine not to exceed
					 $2,500 per violation as long as the respondent was not criminally prosecuted;
					 or
7. Remedial training.