reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-3 - Academy Facility Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Location. --
				Basic training may be provided at a single central location or at a central
				location and one (1) or more regional locations. The standards outlined in this
				Rule apply to any facility where basic training will be conducted and shall
				insure that the training shall be carried out in an adequate and proper
				setting.
3.2. Facility. -- The
				facility may be a single building, a room, or rooms in a building or more than
				one building, which provides adequate space to meet the needs of people
				undergoing training over a period of several weeks.
3.3. Need -- The Subcommittee is responsible
				for determining the need as to the number and type of entry level certification
				training academies/programs and their location.
3.4. Classrooms.
3.4.a. The classroom shall be large enough to
				comfortably accommodate the largest anticipated attendance. Minimum
				registration for any entry level training class funded by the Subcommittee is
				twenty-five (25) officers.
3.4.b.
				Artificial or day lighting shall provide good visibility at all times and
				permit the use of visual training materials.
3.4.c. Adequate ventilation and seasonal
				temperature control shall be provided. The system shall provide for individual
				classroom control if more than one classroom is used.
3.4.d. Acoustics shall be adequate to enable
				the speaker to be heard from any place in the classroom being used. A
				public-address system shall be provided if needed.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-4 - Academy Staffing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Director of
				Training.
4.1.a. Appointment. -- The
				appointment of a Director of Training (Director) shall be made by the head of
				the law enforcement agency if the academy is under the control of a police
				agency. If under an academic institution the head of the department operating
				the academy may make the appointment under which the training will be
				provided.
4.1.b. Approval. -- The
				Director of an academy other than the West Virginia State Police Academy shall
				be approved by the Subcommittee based on a composite assessment of the
				candidate's education, training, administrative experience, and law enforcement
				experience.
4.1.c.
				Responsibilities. -- The Director has the overall responsibility for the
				operation of the training program and shall:
4.1.c.1. Ensure that all personnel comply
				with policies, procedures and regulations governing the training
				program;
4.1.c.2. Select qualified
				instructors;
4.1.c.3. Recommend and
				request the reassignment of training personnel;
4.1.c.4. Maintain the professional skills and
				abilities of personnel assigned to the training program;
4.1.c.5. Assign instructors only to areas in
				which they are qualified to teach and monitoring their quality of instruction
				through regular supervision;
4.1.c.6. Require all applicants to provide a
				medical examination that shows they meet the requirements for admission to a
				basic entry-level training program and successfully complete the physical
				fitness test battery for entry into an entry-level training program;
4.1.c.7. Exercise administrative and
				supervisory control over personnel;
4.1.c.8. Dismiss trainees;
4.1.c.9. Excuse absences of trainees;
				and,
4.1.c.10. Delegate
				authority.
4.1.d.
				Accountability. -- The Director is accountable to the appointing authority for
				the operation of the training academy or program in compliance with the
				policies and regulations of the agency or department conducting the academy.
				The Director shall keep the Subcommittee informed regarding the training
				program. At the request of the Subcommittee or as needed, the Director shall
				appear before the Subcommittee, to discuss the training program.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-5 - Instructor Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Law
				Enforcement Level 1 Instructor Certification.
5.1.a. Standards. -- All law enforcement
				level 1 instructors' certifications are valid for four (4) years if the level 1
				instructor has:
5.1.a.1. Current certification
				as a law enforcement officer in the State of West Virginia if
				applicable;
5.1.a.2. A high school
				diploma or its equivalent;
5.1.a.3.
				Three (3) years of experience as a police officer including a minimum of one
				(1) year, or for non-law enforcement officers a minimum of two (2) years of
				direct work experience in the occupation or area in which certification is
				desired;
5.1.a.4. Completed a
				minimum of sixteen (16) hours of verified training in each academic subject
				area within the two (2) years preceding the application for which certification
				is desired; provided that certain training may require additional hours as
				required by the Subcommittee.
5.1.a.5. Forty (40) hours of instructor
				development training approved by the Subcommittee. The course content shall
				include topic areas such as communication, psychology of learning, techniques
				of instruction, use of instructional aids, preparation and use of lesson plans,
				and preparation and administration of tests; and,
5.1.a.6. Written recommendation if required
				from the applicant's agency head, or if a civilian, from a law enforcement
				agency head, training director or other recognized individual who knows the
				applicant's teaching abilities.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-6 - Training Academy Policies

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Attendance. --
				Trainees shall attend all classes and class functions, including all items
				listed in the course curriculum, unless excused by the Director. Absences may
				be excused for illness or injury of the trainee or for other causes approved by
				the Director. An unexcused absence constitutes grounds for dismissal. Work
				missed while absent shall be made up.
6.2. Scholastic Grades. -- The minimum
				passing grade on an examination is seventy-five percent (75%). Trainees failing
				to obtain 75% on an examination may be allowed to retake the examination within
				five (5) days. In the event the trainee passes the make-up examination, he or
				she shall be retained in the training program. The scores of the original
				examination and the make-up examination will be recorded on the trainee's class
				record. Provided that trainees may retake a maximum of two (2) separate failed
				examinations during the course of the program. Any trainee failing to pass
				after the second examination shall be dismissed as a scholastic
				failure.
6.3. Skills Training --
				Trainees will be given three (3) attempts to successfully complete all skills
				examinations pursuant to criteria approved by the Director of Training. Any
				trainee failing to pass any skill examination after three attempts shall be
				dismissed as a scholastic failure.
6.4. Reentry. -- Reentry to a subsequent
				basic training for trainees who have withdrawn from a program because of an
				injury, extended illness, hardship, or circumstances beyond their control is at
				the discretion of the Director. If denied reentry by the Director the trainee,
				or his or her agency head, may appeal this denial to the
				Subcommittee.
6.5. Dismissal. --
				The Director may dismiss a trainee for disobedience of staff orders, a flagrant
				or repeated violation of academy regulations, or misconduct.
6.5.a. The Director shall provide written
				notice to the head of the agency employing the dismissed trainee. The Director
				shall also provide a copy of the written notice to the affected trainee and to
				the Subcommittee.
6.5.b. Any
				trainee dismissed for reasons other than scholastic failure may appeal the
				dismissal to the Subcommittee. An appeal of the decision made by the
				Subcommittee will be as set forth in section of this rule.
6.5.c. Any trainee resigning for voluntary
				reasons, other than hardship as set forth in subsection 6.4. of this rule, may
				not appeal his or her resignation to the subcommittee.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-7 - Academy Training Curriculum

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The objective
				of the curriculum is to provide all law enforcement officers with a minimum of
				eight hundred and fifty (850) hours of entry level training for
				certification.
7.2. The employing
				agency shall provide training in those areas not included in the core
				curriculum. Local ordinances and department policies and procedures are
				examples of training that shall be provided by each employing agency.
7.3. The core curriculum shall be amended, as
				necessary, to meet the needs of the largest possible number of law enforcement
				agencies. Changes in the core curriculum require approval of the Subcommittee.
				Recommendations for change shall be made in writing to the
				Subcommittee.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-8 - Academy Entry Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Entry
				standards for participation in an entry level certification training academy or
				program include, but are not limited to, an applicant's demonstration of his or
				her ability to perform, or be trained to perform, all of the essential tasks
				and functions contained in the job description and the ability to meet the
				required medical and physical ability standards as set forth in this Rule.
8.1.a. This Rule will insure that persons
				appointed to positions as police officers, in agencies subject to this rule,
				are medically fit to undergo the training requirements for the position, and to
				perform their essential tasks, at a minimal risk to themselves, their fellow
				officers, and the public.
8.1.b.
				All requests for reasonable accommodation concerning participation in an entry
				level certification training academy or program by a trainee or his or her
				employing agency head shall be made prior to its start and shall be approved by
				the Subcommittee. Each reasonable accommodation request may be reviewed by a
				panel of at least four (4) people appointed by the Chairman of the Subcommittee
				before a decision is made on the request by the Subcommittee. The panel shall
				use the job description and medical standards for entry into a basic
				entry-level training program as a basis of their decision on the request for
				reasonable accommodation.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-9 - Annual In-Service Training Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Standards for
				annual in-service and biennial supervisory level training facilities are
				similar to those for entry-level training but are less rigid because of the
				short duration and narrower scope of the training programs. All in-service
				programs approved by the Subcommittee shall be conducted in adequate and proper
				facilities.
9.2. Classrooms.
9.2.a. The classroom used shall be large
				enough to comfortably accommodate the maximum number of trainees attending and
				shall be approved by the Subcommittee in advance of the starting
				date.
9.2.b. Artificial or day
				lighting shall provide good visibility under normal environmental conditions
				and shall permit the use of audio-visual training aids.
9.2.c. Adequate ventilation and seasonal
				temperature control shall be provided in the classroom.
9.2.d. Acoustics shall be adequate to enable
				the speaker to be heard from any place in the used area of the classroom. A
				public address system shall be provided if needed.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-10 - Annual In-Service Training and Firearms Qualifications

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Annual
				in-service training required by the Subcommittee for continued certification
				shall consist of a minimum of sixteen (16) hours, exclusive of firearms
				qualification.
10.1.a. A maximum of fifty
				percent (50%) of this training may be completed as part of on-line or web-based
				training program.
10.1.b. Certified
				law enforcement instructors may receive up to a maximum of eight (8) hours of
				annual in-service training credit for teaching in a Subcommittee approved
				annual in-service training course.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-11 - Supervisory Level In-Service Training

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Supervisory
				In-Service Training is applicable to those officers of exempt rank.
11.2. Supervisory level in-service training
				and firearms qualifications required by the Subcommittee for continued
				certification shall consist of the requirements as set forth in subsections
				10.1. and 10.2. of this rule. In addition to the requirements in subsection
				10.1. of this rule, superviors are required to complete eight (8) hours in a
				Subcommittee approved supervisory level in-service training program within a 24
				month period. Up to one hundred percent (100%) of the training may be completed
				as part of an on-line or web-based training program.
11.2.a. Certified law enforcement instructors
				may receive up to a maximum of eight (8) hours of supervisory level in-service
				training credit for teaching in a Subcommittee approved supervisory level
				in-service training course.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-12 - In-Service Training Staffing

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Instructors
				in all in-service training where training funds or in-service credit is desired
				shall meet the standards established by the Subcommittee for certification as
				set forth in section 5 of this Rule.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-14 - Equivalent Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Applicants
				for certification as law enforcement officers in the State of West Virginia by
				the equivalent certification provision shall:
14.1.a. Have completed a Peace Officer's
				Standards and Training Commission (POST) approved basic entry-level training
				program or equivalent federal law enforcement training, excluding military
				police;
14.1.b. Have been certified
				as a law enforcement officer in the state where the entry-level training was
				completed or by the federal government, with the certification having had no
				revocation or suspension action taken against it.
14.1.c. Give notice, upon employment to the
				Subcommittee of his or her desire to seek and be granted equivalent
				certification as a West Virginia law enforcement officer.
14.1.d. Submit a completed application, as
				defined in paragraph 8.2.a.1. of this Rule, to the approved entry level
				training academy within ninety (90) calendar days of their date of employment
				via the equivalent training provision of the law which shows that they meet the
				requirements for admission into an entry-level training program; and,
14.1.e. Complete the following entry-level
				courses within twelve (12) months from the date of employment: Provided, that
				under extenuating circumstances the Subcommittee may grant a waiver:
14.1.e.1. Firearms Training and
				Certification;
14.1.e.2. Emergency
				Vehicles Operations Course;
14.1.e.3 Defensive Tactics;
14.1.e.4. Laws of Arrest;
14.1.e.5. West Virginia Motor Vehicle
				Law;
14.1.e.6. Criminal
				Law;
14.1.e.7. Domestic Crimes;
				and,
14.1.e.8. Laws of Search and
				Seizure.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-15 - Re-certification Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The purpose
				of this section is to establish guidelines for the retraining of certified law
				enforcement officers who have not performed the duties and essential functions
				of an entry-level law enforcement officer as defined in subsection 8.3. of this
				Rule and who have not obtained mandated in-service training as required by
				subsections 10.2. and 11.2. of this Rule or qualified with their weapon as
				required in subsection 10.2. of this Rule. For the purposes of this Section,
				"separated" means any absence from duty, regardless of remedies or status
				available to the officer, which results in the officer not performing the
				duties of an entry-level law enforcement officer in West Virginia. This may
				include, but is not limited to the following: extended active military service;
				injuries or illness which result in the officer receiving temporary disability,
				sick leave, or workers compensation benefits; suspensions from an agency
				regardless of the final outcome; placement of an officer on light duty which
				exceeds twenty-four months; termination; or resignation.
15.2. Law enforcement officers, or law
				enforcement officials who desire to re-certify as a law enforcement officer,
				who have been separated from a law enforcement agency for twenty-four (24)
				months or less; who are in good standing; and who were certified under the
				provisions of W. Va. Code §
									30-29-5; and have been reappointed
				as a law enforcement officer or law enforcement official by a law enforcement
				agency; are not required to meet entrance level standards again if:
15.2.a. Within ninety (90) days from the date
				of employment the individual attends and completes the mandated in-service
				training for the period and rank; and,
15.2.b. Within ninety (90) days from the date
				of employment the individual qualifies with his or her duty weapon.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-16 - Certification Denial, Suspension or Decertification

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. The
				Subcommittee may suspend, decertify, or deny the certification of a law
				enforcement officer or, if applicable, deny admission to a basic entry-level
				training program for activities that may include, but are not limited to the
				following:
16.1.a. Willful falsification of
				any information submitted or relied upon to obtain certified status;
16.1.b. Having a physical or mental condition
				affecting the officer's ability to perform his or her duties as described in
				subsection 8.3. of this rule;
16.1.c. Addiction to or unlawful sale,
				possession, or use of narcotics, drugs, or drug paraphernalia;
16.1.d. Having admitted the commission of or
				been convicted of a felony or any crime involving dishonesty, unlawful sexual
				conduct, physical violence, or driving under the influence of alcohol or drugs,
				or having been placed in or participated in any pretrial diversion or
				equivalent program for the same;
16.1.e. Failure to complete required
				in-service training;
16.1.f.
				Failure to complete required firearms qualifications;
16.1.g. Legal prohibitions that prevent an
				officer from performing some or all of his or her required law enforcement
				duties. It is the responsibility of the officer to report any such legal
				prohibitions to the Committee within ten (10) days;
16.1.h. Failure to report legal prohibitions
				as required by subdivision 16.1.f. of this rule;
16.1.i. His or her certification as a law
				enforcement officer has been suspended, denied or revoked by another state's
				Peace Officers Standards and Training Commission;
16.1.j. An inability to lawfully carry a
				firearm under state and/or federal statute;
16.1.k. Failure to have made or met court
				ordered child support obligations as set forth in W. Va. Code §48-15,
et seq
.; and
16.1.l. Any conduct or a pattern of conduct
				unbecoming to a law enforcement officer or law enforcement official or
				activities that would tend to disrupt, diminish, or otherwise jeopardize public
				trust and fidelity in law enforcement.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-17 - Certified Law Enforcement Officers Separated from Employment

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The
				certification of a law enforcement officer who is separated from his or her
				employment with any West Virginia law enforcement agency, shall immediately
				become inactive and remain inactive until the subcommittee authorizes
				reactivation of the officer's certification pursuant to the procedure set forth
				in this section.
17.1.a. For the purposes of
				this Section, "separated" means an absence from duty from any West Virginia law
				enforcement agency as a result of retirement, resignation, or
				termination.
17.1.b. A person whose
				law enforcement certification has become inactive and desires reactivation,
				shall apply to the subcommittee by proper application, to have his or her
				certification reactivated.
17.1.c.
				A person who is employed by multiple law enforcement agencies simultaneously
				who separates from employment from any of these agencies shall be considered to
				be separated as previously defined.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-18 - Subpoena Power

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. The
				Subcommittee may issue subpoenas for the attendance of witnesses and production
				of necessary evidence or documents in any proceeding, review or investigation
				relating to certification or hearing before it.
18.1.a. The Chair of the Subcommittee shall
				request that subpoenas be issued.
18.1.b.The Subcommittee may empower an
				employee of the Division to act on the Chair's and its behalf as to the
				issuance of such subpoenas, their delivery, the receipt of information called
				for, to prepare information for presentation to the Subcommittee and to report
				findings to the Subcommittee.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-19 - Certification Retention

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Law
				enforcement officers certified under the provision of W.Va. Code §
									30-29-5 who have completed at
				least 60 months of full time employment as a certified law enforcement officer
				and who leave active law enforcement employment in good standing, as set forth
				in subsections 17.1. to 17.3. of this Rule, may continue their law enforcement
				certification in the active status by:
19.1.a.
				Completing an application for certification reactivation and approval for
				certification continuation prior to or no later than twelve months (365 days)
				after separation from active law enforcement employment;
19.1.b. Obtaining mandated in-service
				training as required for active officers under the rank of sergeant. Training
				periods are from July 1 of one year to June 30 of the next; and,
19.1.c. Qualifying with their weapon as
				required for active officers.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-02 - Law Enforcement Training and Certification Standards › Section 149-2-20 - Appeal of a Decision of the Subcommittee

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. An individual
				who has been denied entry into the entry level certification program, a trainee
				who has not been allowed to continue in the entry level training process an
				officer who has made application for his or her certification to be reactivated
				and that application has been denied, an officer or individual whose
				certification as a law enforcement officer or as an instructor has been denied,
				suspended or decertified pursuant to a final decision of the Subcommittee, may
				appeal that final decision of the Subcommittee to the Governor's Committee on
				Crime, Delinquency and Correction.
20.2. On receipt of such an appeal in a
				timely manner the Governor's Committee may designate the Executive Director of
				the Committee to hear the appeal. The Committee or Executive Director may
				appoint a hearing examiner to develop a record of the appeal by taking evidence
				on the matter and to make a recommended decision to the Committee or Executive
				Director pursuant to W. Va. C.S.R. §
									149-1-1
et seq
and W. Va. Code §
									29A-5-1
et
				seq
.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes law enforcement response to domestic violence by
				providing guidelines and establishing standards for responding to domestic
				violence incidents. Particular attention is given to protecting victims of
				domestic violence through enforcement of protective orders, initial response,
				and arrest, on-scene assistance, reporting and follow-up. It is also the means
				by which law enforcement agencies can minimize departmental liability and
				provide training.
1.2. Authority.
				-- W. Va. Code §
									48-27-1102.
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- April
				15, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-2 - Purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The principal
				purpose of this rule is to establish guidelines and procedures in compliance
				with state and federal law to be followed by all West Virginia law enforcement
				officers as defined herein and other personnel involved in police response to
				domestic calls.
2.2. Other purposes
				and goals of this rule are:
2.2.1. To reduce
				the incidence and severity of domestic violence and domestic violence related
				deaths by establishing arrest and prosecution, as the means of police response
				to domestic violence;
2.2.2. To
				afford maximum protection and support to victims of domestic violence through a
				coordinated response of law enforcement, dispatchers/telecommunicators, and
				victim assistance;
2.2.3. To ensure
				that law enforcement services are as available in domestic violence cases as
				they are in other criminal cases;
2.2.4. To promote law enforcement officer
				safety by ensuring that the law enforcement officer is as fully prepared as
				possible to respond to domestic calls; and,
2.2.5. To help reduce police resources
				consumed in responding to domestic violence by reducing the number of police
				interventions required for any particular household.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 "Credible
				corroborative evidence" means evidence that is worthy of belief and corresponds
				with the allegations of one or more elements of the offense and may include,
				but is not limited to, the condition of the victim, the accused, and the scene.
				(See W.Va. Code §
									48-27-1002(b).)
3.2. "Credible evidence" means evidence of
				the victim's condition may include, but is not limited to, one or more
				contusions, scratches, cuts, abrasions, swellings, or other signs of physical
				injury; missing hair; torn clothing or clothing in disarray consistent with a
				struggle; observable difficulty in breathing or breathlessness consistent with
				the effects of strangulation, choking or a body blow; observable difficulty in
				movement consistent with the effects of a body blow or other unlawful physical
				contact.
3.2.1. Credible evidence of the
				condition of the accused may include, but is not limited to, physical injury or
				other conditions similar to those set out for the condition of the victim which
				is consistent with the alleged offense or alleged acts of self-defense by the
				victim.
3.2.2. Credible evidence of
				the condition of the scene may include, but is not limited to, damaged premises
				or furnishings or disarray or misplaced objects consistent with the effects of
				a struggle.
3.2.3. Other credible
				evidence may include, but is not limited to, statements by the accused
				admitting one or more elements of the offense; threats made by the accused in
				the presence of a law enforcement officer; audible evidence of a disturbance
				heard by the dispatcher/telecommunicator or other agent receiving the request
				for police assistance; or written statements by witnesses.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-5 - Domestic Violence Database

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The Domestic Violence Database is a tool for the court to communicate domestic
				violence data with law enforcement. Orders are entered by family court or
				magistrate court staff when orders are issued. When data is entered or
				modified, a message is generated and sent to the National Crime Information
				Center (NCIC) Protection Order File which facilitates the enforcement of
				protection orders and the Federal firearms laws. (See W.Va. Code §
									48-27-802 and W.Va. Code §
									51-1-21.)
5.2. The Domestic Violence Database is used
				to confirm the status of a protection order and can also be used to serve a
				protective order. Orders can be printed out instantly once the requested record
				is identified.
5.3. Service of
				protective orders can be entered into the database by court staff and any law
				enforcement agency with access to a WEAPONS terminal. This allows law
				enforcement to make an arrest, if needed, if they know an order has already
				been served.
5.4. Law enforcement
				without access to a WEAPONS terminal can contact the WEAPONS agency in their
				county and request entry of the service data.
5.5. The Domestic Violence Database contains:
5.5.1. Information about the victim and the
				respondent,
5.5.2. The condition of
				the victim,
5.5.3. Whether firearms
				were used and are in the possession of the respondent,
5.5.4. Whether the protective order was
				served, and
5.5.5. A temporary or
				final order.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-6 - Dispatcher/Telecommunicator Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Dispatchers/Telecommunicators who provide service to police department and
				communications and emergency operations centers which dispatch the law
				enforcement officer shall dispatch domestic violence calls in the same manner
				as any other call for police assistance, in accordance with the priority
				criteria prescribed by generally applicable department procedures. Whenever
				possible, the dispatcher/telecommunicator should assign a back-up
				unit.
6.2. The
				dispatcher/telecommunicator receiving a domestic violence call shall attempt to
				elicit from the caller, and be able to communicate to the responding law
				enforcement officer, as much of the following information, in the following
				order of importance, as time and exigencies of the reported incident allow:
6.2.1. The nature of the incident;
6.2.2. The address of the incident, including
				the apartment number or the name of the business, as appropriate;
6.2.3. A telephone number where the caller
				can be called back;
6.2.4. Whether
				weapons are involved or present and if so, where they are located;
6.2.5. Whether or not there are any injuries
				and whether or not an ambulance is needed;
6.2.6. Whether strangulation, suffocation or
				asphyxiation has been reported, has occurred, or is suspected and if so,
				dispatcher/telecommunicator shall dispatch EMS;
6.2.7. A description of the accused and
				whether or not the accused is present and, if not, the most likely location,
				direction of flight, and mode of travel of the accused;
6.2.8. Whether other individuals, including
				children, are at the scene;
6.2.9.
				Whether any party is using or is under the influence of alcohol or drugs or has
				a history of violence, cognitive or mental illness;
6.2.10. Whether a protective order is in
				effect;
6.2.11. If the caller is
				the victim and in the residence, would they consent to entry;
6.2.12. Whether a criminal warrant is
				outstanding on the accused; and,
6.2.13. Whether the accused has been released
				on bond.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-7 - Initial Law Enforcement Officer Response

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Approaching the scene.
7.1.1. Whenever possible, at least two law
				enforcement officers shall respond to a domestic violence call. The responding
				law enforcement officer should approach the scene of a domestic incident as one
				of high risk.
7.1.2. The law
				enforcement officer should obtain all available information from the
				dispatcher/telecommunicator before arriving at the scene and should notify the
				dispatcher/telecommunicator upon arrival.
7.1.3. Unless the circumstances of a
				particular incident require different measures, the law enforcement officer
				should follow the approach procedures set out in the remainder of this section.
				The law enforcement officer should:
7.1.3.a.
				Approach the scene inconspicuously. The law enforcement officer should not use
				sirens or lights in the immediate area of the scene of the incident;
7.1.3.b. Park away from the immediate scene
				of the incident;
7.1.3.c. Keep a
				safe exit route in mind;
7.1.3.d.
				Be alert for the employment of weapons from doors, windows, or nearby
				vehicles;
7.1.3.e. Be alert for
				persons moving away from the immediate scene of the incident; and,
7.1.3.f. Employ other standard precautionary
				measures for approaching high risk incident scenes.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-8 - The Arrest Decision

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				responding law enforcement officer should arrest the accused whenever arrest is
				authorized. A law enforcement officer who does not make an arrest after
				investigating a complaint of domestic violence or who arrests two or more
				persons for a crime involving domestic violence shall submit in writing on the
				required domestic violence incident report pursuant to WV code §
									48-27-801 setting forth the
				grounds for not arresting or for arresting both parties. Officers shall not
				threaten, suggest, or otherwise indicate the possible arrest of all parties, or
				threaten to call CPS to discourage requests for intervention by law enforcement
				by any party.
8.2. Arrest without a
				warrant is authorized in the following circumstances:
8.2.1. When the law enforcement officer has
				probable cause to believe that the accused has committed a felony; (See W.Va.
				Code §
										60A-5-501.)
8.2.2. When the law enforcement officer
				observes the commission of a felony or a misdemeanor; (See W.Va. Code §
										60A-5-501.)
8.2.3. When the law enforcement officer
				observes the violation of a valid protective order, including the presence of
				the accused at a location prohibited by the protective order; the officer shall
				arrest the accused provided the accused was served with the order or had actual
				notice of the order and its contents; (See W.Va. Code §
										60A-5-501.)
8.2.4. When the law enforcement officer
				observes any violation of a condition of bond, probation, or parole, including
				the presence of the accused at the residence of the victim in violation of the
				condition set in cases of crimes between family or household members as defined
				in W.Va. Code §
										48-27-204;
8.2.5. When the accused is alleged to have
				committed domestic assault, domestic battery, or a violation of a valid
				protective order; a law enforcement officer has authority to arrest when:
8.2.5.a. The law enforcement officer has
				observed credible corroborative evidence that the offense has occurred; and
				either:
8.2.5.b. The law
				enforcement officer has received, from the victim or a witness, an oral or
				written allegation of facts constituting a violation of W.Va. Code §
											61-2-28; or,
8.2.5.c. The law-enforcement officer has
				observed credible evidence that the accused committed the offense.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-9 - Effectuating the Arrest

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Persons
				arrested pursuant to this rule, shall appear before a magistrate within the
				county in which the offense charged is alleged to have been committed in a
				manner consistent with the provisions of Rule 1 of the Administrative Rules for
				the Magistrate Courts of West Virginia.
9.2. The arresting law enforcement officer
				should inform the magistrate or court of any circumstances surrounding the
				arrest of the accused which would have an effect on conditions of bond,
				provided that the amount and conditions of bond are a judicial decision that
				rests solely with the magistrate or court. The officer present at the
				arraignment should convey information regarding highly dangerous/potentially
				lethal behaviors of the offender to the magistrate.
9.3. The risk is high in domestic violence
				cases that the accused will return to the victim's residence or the scene of
				the violence. If the accused has fled the scene, the law enforcement officer
				should initiate procedures to pursue and apprehend the accused as promptly as
				possible. If a warrant is necessary, the law enforcement officer should obtain
				and execute the warrant as soon as practical.
9.4. When the accused is a minor (under 18
				years of age), the provisions of this rule are fully applicable, except that
				the law enforcement officer should arrest and process the juvenile pursuant to
				W.Va. Code §
									49-4-705.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-10 - Procedure when Arrest is not Made

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If an arrest is not made the law
				enforcement officer should:
10.1.1. Explain to
				the victim the reasons that an arrest is not being made;
10.1.2. Advise the victim of the
				applicability of criminal laws, procedures for filing a criminal complaint
				regarding violations of a protective order, the availability of a petition for
				a protective order, the procedures for filing a petition, and the remedies an
				order may contain;
10.1.3.
				Encourage the victim to contact the nearest available domestic violence program
				for information regarding services available to victims of domestic
				violence;
10.1.4. Inform the victim
				that the law enforcement officer will provide transportation for or facilitate
				transportation of the victim to a shelter or the appropriate court when
				reasonable cause exists to believe that a person is a victim of domestic
				violence or is likely to be a victim of domestic violence. Make reasonable
				efforts to assure victim safety. (See W.Va. Code §
										48-27-702.) Provided that the
				victim has contacted the shelter for approval for entrance and has given
				consent to transport.
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-11 - Other On-Scene Assistance to Victims and Dependents

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Whether or not an arrest is made, the
				responding law enforcement officer should not leave the scene of the incident
				until the situation is under control and the likelihood of immediate violence
				has been eliminated. The law enforcement officer should stand by for a
				reasonable period of time while victims or other persons desiring to leave
				gather necessities for short-term absences from residence, such as clothing,
				medication, and necessary documents.
11.2. Whether or not an arrest is made, the
				responding law enforcement officer is required by W. Va. Code §
									48-27-702 and §48-27-101 et.
				seq to notify the victim orally or in writing of the availability of a local
				domestic violence program, crime victim compensation fund, and other services
				in the community, and civil and criminal remedies such as: the right to file
				for a protective order and the right to file a criminal complaint if there is a
				violation of an existing protective order.
11.3. If an arrest is made or an arrest
				warrant obtained, the law enforcement officer should:
11.3.1. Advise the victim of what will happen
				next, including the probability that the accused will be in custody for only a
				short period of time; and
11.3.2.
				Obtain from the victim information to be included in the arrest report
				indicating any special conditions of bond that should be requested at the
				initial appearance before the magistrate (i.e., places where the accused should
				be specifically prohibited from appearing).
West Virginia Code of State Rules › Agency 149 - Crime, Delinquency And Correction › Title 149 - LEGISLATIVE RULE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION › Series 149-03 - Protocol For Law Enforcement Response to Domestic Violence › Section 149-3-12 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An incident
				report, required by W.Va. Code §
									48-27-801, shall be completed by
				the law enforcement officer responding to any call covered by this
				rule.
12.2. On all incidents of
				domestic violence requiring a report pursuant to W.Va. Code §
									48-27-801, the law enforcement
				officer shall conduct a private interview with the victim utilizing
				"Dangerousness-Lethality Information form for Use by Law Enforcement Officers"
				included in the "Dangerous-Lethality Assessment Guide" as approved by the
				"Rural Access in Criminal and Civil Systems" committee and distributed by the
				West Virginia State Police. The "Dangerousness-Lethality Information form for
				Use by Law Enforcement Officers" shall be attached to the police incident
				report and any lethality indicators found should be summarized on the criminal
				complaint. Summarization on the complaint should include information determined
				to be pertinent by the officer through the course of their
				investigation.
12.3. Data
				collection.
12.3.1. All reports on the same
				person should be kept together or cross-referenced so that repeat domestic
				violence can be monitored.
12.3.2.
				The report, or another document or computer entry generated from the report,
				shall become a domestic violence tracking report.
12.3.3. To the extent possible, the domestic
				violence tracking report shall be accessible to dispatchers/telecommunicators
				and the law enforcement officer.