2006 Code of Virginia § 9.1-101 - Definitions

9.1-101. Definitions.

As used in this chapter or in Chapter 23 ( 19.2-387 et seq.) of Title 19.2,unless the context requires a different meaning:

"Administration of criminal justice" means performance of any activitydirectly involving the detection, apprehension, detention, pretrial release,post-trial release, prosecution, adjudication, correctional supervision, orrehabilitation of accused persons or criminal offenders or the collection,storage, and dissemination of criminal history record information.

"Board" means the Criminal Justice Services Board.

"Conviction data" means information in the custody of any criminal justiceagency relating to a judgment of conviction, and the consequences arisingtherefrom, in any court.

"Correctional status information" means records and data concerning eachcondition of a convicted person's custodial status, including probation,confinement, work release, study release, escape, or termination of custodythrough expiration of sentence, parole, pardon, or court decision.

"Criminal history record information" means records and data collected bycriminal justice agencies on adult individuals consisting of identifiabledescriptions and notations of arrests, detentions, indictments, informations,or other formal charges, and any disposition arising therefrom. The termshall not include juvenile record information which is controlled by Chapter11 ( 16.1-226 et seq.) of Title 16.1, criminal justice intelligenceinformation, criminal justice investigative information, or correctionalstatus information.

"Criminal justice agency" means (i) a court or any other governmentalagency or subunit thereof which as its principal function performs theadministration of criminal justice and any other agency or subunit thereofwhich performs criminal justice activities, but only to the extent that itdoes so; (ii) for the purposes of Chapter 23 ( 19.2-387 et seq.) of Title19.2, any private corporation or agency which, within the context of itscriminal justice activities employs officers appointed under 15.2-1737, orspecial conservators of the peace or special policemen appointed underChapter 2 ( 19.2-12 et seq.) of Title 19.2, provided that (a) such privatecorporation or agency requires its officers, special conservators or specialpolicemen to meet compulsory training standards established by the CriminalJustice Services Board and submits reports of compliance with the trainingstandards and (b) the private corporation or agency complies with theprovisions of Article 3 ( 9.1-126 et seq.) of this chapter, but only to theextent that the private corporation or agency so designated as a criminaljustice agency performs criminal justice activities; and (iii) the Office ofthe Attorney General, for all criminal justice activities otherwise permittedunder subdivision (i) and for the purpose of performing duties required bythe Civil Commitment of Sexually Violent Predators Act ( 37.2-900 et seq.).

"Criminal justice agency" includes the Virginia State Crime Commission.

"Criminal justice agency" includes any program certified by the Commissionon VASAP pursuant to 18.2-271.2.

"Criminal justice information system" means a system including theequipment, facilities, procedures, agreements, and organizations thereof, forthe collection, processing, preservation, or dissemination of criminalhistory record information. The operations of the system may be performedmanually or by using electronic computers or other automated data processingequipment.

"Department" means the Department of Criminal Justice Services.

"Dissemination" means any transfer of information, whether orally, inwriting, or by electronic means. The term shall not include access to theinformation by officers or employees of a criminal justice agency maintainingthe information who have both a need and right to know the information.

"Law-enforcement officer" means any full-time or part-time employee of apolice department or sheriff's office which is a part of or administered bythe Commonwealth or any political subdivision thereof, and who is responsiblefor the prevention and detection of crime and the enforcement of the penal,traffic or highway laws of the Commonwealth, and shall include any (i)special agent of the Department of Alcoholic Beverage Control; (ii) policeagent appointed under the provisions of 56-353; (iii) officer of theVirginia Marine Police; (iv) game warden who is a full-time sworn member ofthe enforcement division of the Department of Game and Inland Fisheries; (v)investigator who is a full-time sworn member of the security division of theState Lottery Department; or (vi) conservation officer of the Department ofConservation and Recreation commissioned pursuant to 10.1-115. Part-timeemployees are those compensated officers who are not full-time employees asdefined by the employing police department or sheriff's office. Full-timesworn members of the enforcement division of the Department of Motor Vehiclesmeeting the Department of Criminal Justice Services qualifications shall bedeemed to be "law-enforcement officers" when fulfilling their dutiespursuant to 46.2-217.

"School resource officer" means a certified law-enforcement officer hiredby the local law-enforcement agency to provide law-enforcement and securityservices to Virginia public elementary and secondary schools.

"School security officer" means an individual who is employed by the localschool board for the singular purpose of maintaining order and discipline,preventing crime, investigating violations of school board policies, anddetaining students violating the law or school board policies on schoolproperty or at school-sponsored events and who is responsible solely forensuring the safety, security, and welfare of all students, faculty, staff,and visitors in the assigned school.

(1981, c. 632, 9-169; 1982, c. 419; 1983, c. 357; 1984, c. 543; 1989, c.233; 1991, c. 338; 1992, cc. 422, 569; 1993, cc. 533, 622, 866; 2000, c. 426;2001, c. 844; 2002, cc. 789, 836, 868; 2003, cc. 744, 934, 937; 2004, c. 30;2005, c. 914.)

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