reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part V - Review of the Plan › Section 6VAC35-180-170 - Final review prior to termination of probation or parole

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the juvenile
				  has been placed on probation or parole, the individuals and agencies
				  participating in the implementation of the mental health transition plan shall
				  convene no later than 30 days before the juvenile's anticipated release from
				  probation or parole supervision to determine if any of the services provided
				  for in the plan should continue beyond the juvenile's release from probation or
				  parole supervision.
B. If the
				  determination is made that one or more services should continue, an updated
				  plan shall be developed for the juvenile, including identification of the case
				  manager to be responsible for the plan from that point forward. All
				  participants shall sign and receive a copy of the updated plan.
C. If treatment services are continued beyond
				  the juvenile's release from probation or parole, the service provider and case
				  manager shall have no further duty to report to the probation or parole officer
				  on the juvenile's progress in treatment.
Statutory Authority
§§ 16.1-293.1 and 66-10 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 180 - REGULATIONS GOVERNING MENTAL HEALTH SERVICES TRANSITION PLANS FOR INCARCERATED JUVENILES › Part V - Review of the Plan › Section - DOCUMENTS INCORPORATED BY REFERENCE (6VAC35-180)

Current through Register Vol. 40, No. 24, July 15, 2024
Guidelines for Determining the Length of Stay of Juveniles
					 Indeterminately Committed to the Department of Juvenile Justice, Department of
					 Juvenile Justice, Rev. 10/01.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
Unless the context clearly requires a different
				  understanding, the following terms shall have the meanings indicated when used
				  in this regulation.
"Department" means the Department of Juvenile Justice.
"Educational release program" means a program whereby
				  residents of the department who meet the minimum eligibility criteria and who
				  the director determines may receive substantial benefit from the activity, may
				  be approved to participate in educational or other community activity programs
				  not available within a facility.
"Facility" means a juvenile residential facility or a secure
				  facility defined in § 16.1-228 of the Code of Virginia operated or contracted
				  for by the department, an alternative placement for residents under the direct
				  custody of the department, or a detention home operating a postdispositional
				  detention program serving residents sentenced under subdivision A 16 of §
				  16.1-278.8 and subdivision B of § 16.1.284.1 of the Code of Virginia.
"Furlough" means a temporary, short-term, authorized absence
				  from a facility for a specific purpose. A furlough extends the physical limits
				  of confinement to include the place or places in the community that the
				  resident is given specific permission to visit.
"Rehabilitative release program" means a program whereby
				  residents of the department who meet the minimum eligibility criteria and who
				  the director determines may receive substantial benefit from the activity, may
				  be approved to participate in rehabilitative release activities or other
				  community activity programs not available within a facility.
"Resident" means an individual, both a juvenile or an adult,
				  who is or was committed to the department pursuant to § 16.1-285.1 or
				  subdivision A 14, A 16, or A 17 of § 16.1-278.8 of the Code of Virginia and is
				  residing in a facility operated or contracted for by the department or placed
				  in a detention home operating a postdispositional detention program pursuant to
				  subdivision A 16 of § 16.1-278.8 and subsection B of § 16.1-284.1 of the Code
				  of Virginia.
"Work release program" means a program whereby residents of
				  the department who meet specified eligibility criteria may be approved for
				  employment for wages by private individuals, corporations, or state or local
				  agencies at places of business, as provided for in §§ 66-25.1:2 and 66-25.1:3
				  of the Code of Virginia .
Statutory Authority
§§ 66-10 and 66-25.1:3 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-20 - Policy and purpose

Current through Register Vol. 40, No. 24, July 15, 2024
A. It is the
				policy of the Commonwealth of Virginia to provide residents committed to the
				department with job training opportunities, consistent with the protection of
				public safety, so as to facilitate the residents' reintegration into their
				communities as productive citizens upon release from commitment.
B. The purpose of the career-related
				programs, training, and services governed by this regulation is to assist
				residents in acquiring necessary work habits, developing marketable skills, and
				identifying career goals through a broad range of career opportunities and
				mentoring and apprenticeship programs.
Statutory Authority
§§ 66-10 and 66-25.1:3 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-30 - Assessing a resident's suitability for program participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Department case
				management procedures shall provide a process for assessing the suitability of
				individual residents for programs authorized by §§ 66-25.1:2 and 66-25.1:3 of
				the Code of Virginia, subject to eligibility criteria established by
				6VAC35-190-40.
B. The assessment shall include:
1. A review of the resident's offense history
				and behavior during commitment;
2.
				The completion of an objective risk assessment of the resident's likelihood to
				reoffend; and
3. An assessment of
				the resident's suitability for the particular authorized program in the
				community, including, if applicable, the resident's proficiency in a trade or
				occupation related to a work or educational release program.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-40 - Eligibility criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance
				with department case management procedures, residents may be approved to
				participate in authorized programs in the community when they meet the
				following eligibility criteria:
1. The
				resident must have been in the direct care of the department for a minimum of
				90 days.
2. The resident must not
				have committed a moderate institutional offense during the previous 30 days or
				a major institutional offense within the previous 90 days.
3. A resident who previously escaped from a
				secure setting shall not be eligible for participation in a release
				program.
4. A resident who is
				determinately committed as a serious offender pursuant to subdivision A 17 of §
				16.1-278.8 or § 16.1-285.1 of the Code of Virginia may participate in a release
				program only with written authorization of the committing court.
5. A resident who is committed for a violent
				juvenile felony as defined pursuant to § 16.1-228 of the Code of Virginia may
				be recommended to participate, but must be approved by the director of the
				department or his designee, in accordance with case management
				procedures.
6. A resident requiring
				the highest level of supervision according to the department's classification
				system, shall not be eligible to participate in a release program.
7. A resident whose scores on an objective
				risk assessment instrument indicate a high risk of reoffending may participate
				in a release program only with the approval of the director.
8. A resident who is subject to compulsory
				education shall not be eligible except on a part-time basis consistent with
				applicable child labor laws and with the concurrence of the school
				authority.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-50 - Written procedures for accountability of participants

Current through Register Vol. 40, No. 24, July 15, 2024
Written procedures shall ensure the accountability of
				  participants and provide for supervision in the community. Such procedures
				  shall include , at a minimum:
1.
				Provisions for a daily count of participating residents;
2. Methods for determining and identifying
				residents who are authorized to leave the facility;
3. Provisions for a controlled sign-out and
				sign-in process;
4. Methods for
				verifying the resident's location within the community, which may include
				telephone contact, random field visits, or global positioning systems
				technology; and
5. Written
				procedure, approved by the facility's health authority, that either permits or
				prohibits self-medication by residents when they are away from the
				facility.
Statutory Authority
§§ 66-10 and 66-25.1:3 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-60 - Conditions for offender participation in a work release program

Current through Register Vol. 40, No. 24, July 15, 2024
Resident participation in a work release program shall
				  conform to the following specific conditions.
1. Participation by the resident shall be on
				a voluntary basis.
2. Residents may
				be required to apply and interview for a position with a participating entity,
				and to be accepted by the entity as a condition of placement.
Statutory Authority
§§ 66-10 and 66-25.1:3 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-70 - Conditions for employing, supervising, or training entity

Current through Register Vol. 40, No. 24, July 15, 2024
A. If the department enters into an agreement
				with a public or private entity for the purposes of a work program pursuant to
				§§ 66-25.1:2 and 66-25.1:3 of the Code of Virginia, the agreement shall comply
				with all applicable federal and state laws and regulations, including but not
				limited to the Fair Labor Standards Act ( 29 USC § 201 et seq.), child labor
				laws, workers' compensation insurance laws, and the Standards for
				Interdepartmental Regulation of Children's Residential Facilities (22VAC42-10)
				relating to work and employment.
B.
				The department shall develop procedures to address how residents will be hired
				and supervised, including:
1. The application
				and selection process;
2. The
				qualifications required of residents hired;
3. Evaluation of each resident's job-related
				behaviors and attitudes, attendance and quality of work; and
4. Whether and how either party may terminate
				a resident's participation.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-80 - Conditions for resident participation in educational release or rehabilitative release program

Current through Register Vol. 40, No. 24, July 15, 2024
Resident participation in an educational release or
				  rehabilitative release program shall conform to the following specific
				  conditions unless ordered otherwise by an appropriate court.
1. Participation by an indeterminately
				committed resident shall be voluntary and may be subject to an application,
				interview, and approval process by the entity conducting the program.
2. Participation of a determinately committed
				resident must be approved in writing by the committing court. The department
				may recommend that the resident be approved for participation.
3. Classes, meetings, or training sessions
				shall be on a regularly scheduled basis.
4. Other conditions shall not be more
				restrictive on the resident than those required by other participants, unless
				specifically authorized by this regulation.
Statutory Authority
§§ 66-10 and 66-25.1:3 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-90 - Furlough

Current through Register Vol. 40, No. 24, July 15, 2024
Participants in the work release, educational release, or
				  rehabilitative release programs may be considered for furlough. Written
				  procedures shall govern the granting of furloughs in accordance with the
				  provisions of § 66-25.1:4 of the Code of Virginia.
Statutory Authority
§§ 66-10 and 66-25.1:3 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-100 - Earnings

Current through Register Vol. 40, No. 24, July 15, 2024
All earnings shall be received and disbursed in accordance
				  with subsection C of § 66-25.1:3 of the Code of Virginia.
Statutory Authority
§§ 66-10 and 66-25.1:3 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 190 - REGULATIONS GOVERNING JUVENILE WORK AND EDUCATIONAL RELEASE PROGRAMS › Section 6VAC35-190-110 - Removing participants from program

Current through Register Vol. 40, No. 24, July 15, 2024
Written procedures shall establish the criteria and process
				  for removing a participant from the program.
1. Procedures shall include provisions for an
				impartial hearing for the participant.
2. Procedures shall include provisions for
				the appeal of the removal.
3.
				Documentation shall reflect that this information was explained to all
				participants when they were assigned to the program.
Statutory Authority
§§ 66-10 and 66-25.1:3 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-10 - 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 meanings unless the context clearly indicates
				  otherwise:
"Board" means the Board of Juvenile Justice.
"Department" means the Department of Juvenile Justice.
"Direct care employee" means an employee whose primary job
				  responsibilities are (i) maintaining the safety, care, and well-being of
				  residents; (ii) implementing the structured program of care and the behavior
				  management program; and (iii) maintaining the security of the facility. For
				  purposes of this chapter, the term "direct care employee" shall include a
				  security employee assigned, either on a primary or as-needed basis, to perform
				  the duties of clauses (i), (ii), and (iii) of this definition and who is
				  required to receive initial and annual training in these areas in order to
				  carry out the responsibilities in clauses (i), (ii), and (iii) of this
				  definition.
"Director" means the director of the department.
"Juvenile correctional center" means a public or private
				  facility operated by or under contract with the department where care is
				  provided to residents under the direct care of the department 24 hours a day,
				  seven days a week.
"Mechanical restraint" means an approved mechanical device
				  that involuntarily restricts the freedom of movement or voluntary functioning
				  of a limb or portion of an individual's body as a means of controlling his
				  physical activities when the individual being restricted does not have the
				  ability to remove the device.
"Mechanical restraint chair" means an approved chair used to
				  restrict the freedom of movement or voluntary functioning of a portion of an
				  individual's body as a means of controlling the individual's physical
				  activities while seated and either stationary or being transported.
"Protective device" means an approved device placed on a
				  portion of a resident's body to protect the resident or staff from
				  injury.
"Security employee" means an employee who is responsible for
				  maintaining the safety, care, and well-being of residents and the safety and
				  security of the facility.
Statutory Authority: § 66-10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter applies exclusively to direct care employees and
				  security employees working full-time or part-time in a state-operated juvenile
				  correctional center or in a privately operated juvenile correctional center
				  governed by the Juvenile Corrections Private Management Act (§ 66-25.3 et seq.
				  of the Code of Virginia). Staff employed in juvenile boot camps or locally,
				  regionally, or privately operated alternative direct care programs for
				  juveniles are not subject to the requirements of this
				  chapter.
Statutory Authority: § 66-10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-30 - Training providers

Current through Register Vol. 40, No. 24, July 15, 2024
All training required by this chapter shall be provided by
				  department-approved general instructors unless otherwise
				  specified.
Statutory Authority: § 66-10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-40 - Compulsory minimum training standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to the provisions of subdivision
				9 of § 66-10 of the Code of Virginia, the board establishes these compulsory
				minimum training standards.
B.
				Individuals hired as direct care employees or security employees shall
				successfully complete the following:
1. A
				minimum of 120 hours of department-approved initial training in accordance with
				6VAC35-71-160;
2. Facility orientation in accordance with
				6VAC35-71-150;
3. A minimum of 24 hours of juvenile
				correctional center staff observation, during which time the trainee shall not
				be counted in coverage for purposes of meeting the staffing ratio requirements
				in
				6VAC35-71-830;
				and
4. At least 36 hours of
				training on a juvenile correctional center housing unit.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-50 - Time requirements for completion of training

Current through Register Vol. 40, No. 24, July 15, 2024
A. A direct care or security employee may not
				work directly with a resident until the employee has completed all training and
				orientation required in 6VAC35-210-40 or unless at least one other employee who
				has completed all applicable facility-based orientation and training is present
				and supervising the resident.
B.
				Direct care and security employees shall successfully complete additional
				refresher training on a recurring basis in accordance with subsection D of
				6VAC35-210-40.
C. Required advanced
				or specialized training shall be completed before direct care or security
				employees may apply mechanical restraints, the mechanical restraint chair, or
				protective devices.
Statutory Authority: § 66-10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-60 - Testing and attendance requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Direct care employees and security
				employees shall be deemed in successful completion of training upon satisfying
				the following testing requirements:
1.
				Successful passage of all administered written and practical tests,
				and
2. Demonstrated mastery in all
				physical restraint techniques.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-70 - Failure to comply with minimum standards

Current through Register Vol. 40, No. 24, July 15, 2024
A direct care or security employee who fails to comply with
				  the minimum attendance requirements or to successfully complete the compulsory
				  initial training shall be removed from service with the department and required
				  to repeat the application and training process in order to qualify for a direct
				  care or security employee position in the future. The department shall follow
				  all applicable policies, rules, and regulations of the Virginia Department of
				  Human Resource Management before imposing this sanction.
Statutory Authority: § 66-10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-80 - Development and approval of performance outcomes

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department shall develop a performance
				outcomes document that describes the knowledge and competencies the department
				expects an employee to demonstrate after completing the training required in
				this chapter.
B. The performance
				outcomes shall be approved by the board. The board shall have the authority to
				amend these outcomes at any time and to establish a practicable timeline for
				implementation.
Statutory Authority: § 66-10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 35 - DEPARTMENT (BOARD) OF JUVENILE JUSTICE › Chapter 210 - COMPULSORY MINIMUM TRAINING STANDARDS FOR DIRECT CARE AND SECURITY EMPLOYEES IN JUVENILE CORRECTIONAL CENTERS › Section 6VAC35-210-90 - Training documentation

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall maintain documentation for a minimum
				  period of three years demonstrating that each direct care employee and security
				  employee has complied with the requirements in this chapter.
Statutory Authority: § 66-10 of the Code of
					 Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 6VAC40-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Forensic Science Board or the Department of Forensic Science. This chapter does
					 not apply to regulations, guidelines, or other documents exempted or excluded
					 from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of
					 the Code of Virginia).
Statutory Authority
§§ 2.2-4007.02 and 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 6VAC40-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall
				  maintain a list of persons who have requested to be notified of regulatory
				  actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 6VAC40-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  6VAC40-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC40-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC40-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition the
				  agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC40-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC40-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC40-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 9.1-1110 of the Code of
						Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC40-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 6VAC40-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part I - Definitions › Section 6VAC40-20-10 - 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 meanings unless the context clearly indicates
					 otherwise:
"Agency" means any law-enforcement agency under whose
					 auspices breath tests are performed.
"Blood alcohol concentration" means percent by weight of
					 alcohol in a person's blood based upon grams of alcohol per 100 milliliters of
					 blood or grams of alcohol per 210 liters of breath.
"Breath test device" means an instrument designed to
					 perform a quantitative chemical test for alcohol on a sample of breath of a
					 person subject to the provisions of §§ 18.2-268.1 through 18.2-268.3,
					 18.2-268.9, 29.1-738.2, 46.2-341.26:1 through 46.2-341.26:3 or 46.2-341.26:9 of
					 the Code of Virginia or a parallel local ordinance.
"Chemical test" or "chemical analysis" means a quantitative
					 test for alcohol using infrared, or fuel cell methodologies or a combination
					 thereof performed on a sample or samples of breath of a person subject to the
					 provisions of §§ 18.2-267, 18.2-268.1 through 18.2-268.3, 18.2-268.9,
					 29.1-738.1, 29.1-738.2, 46.2-341.25, 46.2-341.26:1 through 46.2-341.26:3 or
					 46.2-341.26:9 of the Code of Virginia or a parallel local ordinance.
"Department" means the Department of Forensic
					 Science.
"Licensee" means a person holding a valid license from the
					 department to perform a breath test of the type set forth within these
					 regulations under the provisions of § 18.2-268.9, § 29.1-738.2 or §
					 46.2-341.26:9 of the Code of Virginia or a parallel local ordinance.
"Preliminary breath test device" means an instrument
					 designed to perform a quantitative chemical test for alcohol on a sample of
					 breath of a person suspected of an offense subjecting such person to the
					 provisions of § 18.2-267, 29.1-738.1 or 46.2-341.25 of the Code of
					 Virginia.
"Supplies and accessories" means any item, device,
					 chemical, reagent, tube, mouthpiece, replacement part, or glassware, whether or
					 not reusable, which is used in conjunction with a breath test device to
					 determine the blood alcohol concentration of any person subject to the
					 provisions of §§ 18.2-268.1 through 18.2-268.3, 18.2-268.9, 29.1-738.2,
					 46.2-341.26:1 through 46.2-341.26:3 or 46.2-341.26:9 of the Code of Virginia or
					 a parallel local ordinance.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part I - Definitions › Section 6VAC40-20-20 - Substantial compliance

Current through Register Vol. 40, No. 24, July 15, 2024
These regulations and the steps set forth herein relating
					 to the taking, handling, identification and disposition of breath samples, the
					 testing of such samples, and the completion and filing of any form or record
					 prescribed by these regulations are procedural in nature and not substantive.
					 Substantial compliance therewith shall be deemed sufficient.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 1 - Methods of Conducting Breath Tests › Section 6VAC40-20-30 - Breath test devices

Current through Register Vol. 40, No. 24, July 15, 2024
Breath test devices shall be tested for accuracy by the
						department at least once every six months. All new breath test devices or those
						having been repaired by the manufacturer shall be tested for accuracy by the
						department before their return to service.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 1 - Methods of Conducting Breath Tests › Section 6VAC40-20-40 - Storage

Current through Register Vol. 40, No. 24, July 15, 2024
The breath test device must be stored in a clean, dry
						location that is only accessible to licensees and to other authorized
						individuals.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 1 - Methods of Conducting Breath Tests › Section 6VAC40-20-50 - Care

Current through Register Vol. 40, No. 24, July 15, 2024
Proper care shall be taken to ensure that the breath
						test device is kept free from excessive moisture, heat and
						dust.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 1 - Methods of Conducting Breath Tests › Section 6VAC40-20-60 - Modifications

Current through Register Vol. 40, No. 24, July 15, 2024
No modifications shall be made to any breath test device
						by an agency without the written consent of the department.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 1 - Methods of Conducting Breath Tests › Section 6VAC40-20-70 - Use

Current through Register Vol. 40, No. 24, July 15, 2024
The breath test device shall not be used for
						administration of tests for alcohol use pursuant to the Federal Omnibus
						Transportation Employees Testing Act of 1991, 49 CFR Part 40.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 2 - Approval of Breath Test Devices › Section 6VAC40-20-80 - Approval

Current through Register Vol. 40, No. 24, July 15, 2024
All breath tests as prescribed in §§ 18.2-268.9,
						29.1-738.2 and 46.2-341.26:9 of the Code of Virginia shall be performed on a
						breath test device approved by the department. Those breath test devices listed
						in the "Conforming Products List of Evidential Breath Measurement Devices" as
						established by the National Highway Traffic Safety Administration ("NHTSA"),
						United States Department of Transportation, or in such other list as may be
						established by NHTSA evidencing that such device meets criteria, standards or
						specifications promulgated by it, as published from time to time in the Federal
						Register, may be approved by the department as a breath test device. In
						approving such devices, the department will consider factors including, but not
						limited to, costs, maintenance, necessity of instruction and/or training by the
						department, ease of operation, availability of parts and service facilities,
						reliability, maintenance instruction and the historical performance record of
						the device.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 2 - Approval of Breath Test Devices › Section 6VAC40-20-90 - Publishing list of devices

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall periodically publish in the Virginia
						Register of Regulations a list of any device(s) approved for use as breath test
						device(s). Such list shall be published forthwith after any addition or
						deletion of any device(s) to or from the department's approved list. The
						department may, in addition, provide copies of its approved list to any agency
						subject to this chapter.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 2 - Approval of Breath Test Devices › Section 6VAC40-20-100 - Publishing list of supplies

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall periodically publish in the Virginia
						Register of Regulations a list of any supplies and accessories approved for use
						with breath test devices that may be purchased by an agency. Such list shall be
						published forthwith after any addition or deletion of any supplies or
						accessories to or from the department's approved list. The department may, in
						addition, provide copies of its approved list to any agency subject to this
						chapter.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.
Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 40 - DEPARTMENT OF FORENSIC SCIENCE › Chapter 20 - REGULATIONS FOR BREATH ALCOHOL TESTING › Part II - Breath Tests Under sections 18.2-268.9, 29.1-738.2, and 46.2-341.26:9 of the Code of Virginia › Article 3 - Methods of Conducting Breath Tests › Section 6VAC40-20-110 - Methods and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
The department shall approve such methods of performing
						breath tests as are demonstrated to the satisfaction of the department to
						produce accurate and reliable determinations in a reasonable, convenient and
						effective manner. The department approves the following breath test methods and
						procedures:
1. All breath test devices
					 shall be operated in accordance with those sections of the instructional manual
					 published by the department that are applicable to the particular breath test
					 device. Licensees shall follow any additional instructions or modifications of
					 instructions published by the department in supplements to the foregoing
					 instructional manual.
2. The person
					 to be tested shall be observed for at least 20 minutes prior to collection of
					 the breath specimen, during which period the person must not have ingested
					 fluids, regurgitated, vomited, eaten, or smoked. Should any of these actions
					 occur, an additional 20-minute observation period must be performed.
3. The licensee shall verify that the breath
					 test device is properly calibrated and in proper working order by conducting a
					 room air blank analysis prior to analysis of the breath of the person and by
					 conducting a validation test with a control sample as part of the test
					 protocol.
4. The licensee must use
					 only supplies and accessories issued by or approved by the department in
					 conducting breath tests on approved breath test devices.
Statutory Authority
§ 9.1-1110 of the Code of Virginia.