2006 Code of Virginia § 9.1-102 - Powers and duties of the Board and the Department

9.1-102. Powers and duties of the Board and the Department.

The Department, under the direction of the Board, which shall be thepolicy-making body for carrying out the duties and powers hereunder, shallhave the power and duty to:

1. Adopt regulations, pursuant to the Administrative Process Act ( 2.2-4000et seq.), for the administration of this chapter including the authority torequire the submission of reports and information by law-enforcement officerswithin the Commonwealth. Any proposed regulations concerning the privacy,confidentiality, and security of criminal justice information shall besubmitted for review and comment to any board, commission, or committee orother body which may be established by the General Assembly to regulate theprivacy, confidentiality, and security of information collected andmaintained by the Commonwealth or any political subdivision thereof;

2. Establish compulsory minimum training standards subsequent to employmentas a law-enforcement officer in (i) permanent positions, and (ii) temporaryor probationary status, and establish the time required for completion ofsuch training;

3. Establish minimum training standards and qualifications for certificationand recertification for law-enforcement officers serving as field trainingofficers;

4. Establish compulsory minimum curriculum requirements for in-service andadvanced courses and programs for schools, whether located in or outside theCommonwealth, which are operated for the specific purpose of traininglaw-enforcement officers;

5. Establish (i) compulsory minimum training standards for law-enforcementofficers who utilize radar or an electrical or microcomputer device tomeasure the speed of motor vehicles as provided in 46.2-882 and establishthe time required for completion of the training and (ii) compulsory minimumqualifications for certification and recertification of instructors whoprovide such training;

6. Establish compulsory training courses for law-enforcement officers in lawsand procedures relating to entrapment, search and seizure, evidence, andtechniques of report writing, which training shall be completed bylaw-enforcement officers who have not completed the compulsory trainingstandards set out in subdivision 2, prior to assignment of any such officersto undercover investigation work. Failure to complete the training shall not,for that reason, constitute grounds to exclude otherwise properly admissibletestimony or other evidence from such officer resulting from any undercoverinvestigation;

7. Establish compulsory minimum entry-level, in-service and advanced trainingstandards for those persons designated to provide courthouse and courtroomsecurity pursuant to the provisions of 53.1-120, and to establish the timerequired for completion of such training;

8. Establish compulsory minimum entry-level, in-service and advanced trainingstandards for deputy sheriffs designated to serve process pursuant to theprovisions of 8.01-293, and establish the time required for the completionof such training;

9. Establish compulsory minimum entry-level, in-service, and advancedtraining standards for persons employed as deputy sheriffs and jail officersby local criminal justice agencies and for correctional officers employed bythe Department of Corrections under the provisions of Title 53.1, andestablish the time required for completion of such training;

10. Establish compulsory minimum training standards for all dispatchersemployed by or in any local or state government agency, whose duties includethe dispatching of law-enforcement personnel. Such training standards shallapply only to dispatchers hired on or after July 1, 1988;

11. Consult and cooperate with counties, municipalities, agencies of theCommonwealth, other state and federal governmental agencies, and withuniversities, colleges, community colleges, and other institutions, whetherlocated in or outside the Commonwealth, concerning the development of policetraining schools and programs or courses of instruction;

12. Approve institutions, curricula and facilities, whether located in oroutside the Commonwealth, for school operation for the specific purpose oftraining law-enforcement officers; but this shall not prevent the holding ofany such school whether approved or not;

13. Establish and maintain police training programs through such agencies andinstitutions as the Board deems appropriate;

14. Establish compulsory minimum qualifications of certification andrecertification for instructors in criminal justice training schools approvedby the Department;

15. Conduct and stimulate research by public and private agencies which shallbe designed to improve police administration and law enforcement;

16. Make recommendations concerning any matter within its purview pursuant tothis chapter;

17. Coordinate its activities with those of any interstate system for theexchange of criminal history record information, nominate one or more of itsmembers to serve upon the council or committee of any such system, andparticipate when and as deemed appropriate in any such system's activitiesand programs;

18. Conduct inquiries and investigations it deems appropriate to carry outits functions under this chapter and, in conducting such inquiries andinvestigations, may require any criminal justice agency to submitinformation, reports, and statistical data with respect to its policy andoperation of information systems or with respect to its collection, storage,dissemination, and usage of criminal history record information andcorrectional status information, and such criminal justice agencies shallsubmit such information, reports, and data as are reasonably required;

19. Conduct audits as required by 9.1-131;

20. Conduct a continuing study and review of questions of individual privacyand confidentiality of criminal history record information and correctionalstatus information;

21. Advise criminal justice agencies and initiate educational programs forsuch agencies with respect to matters of privacy, confidentiality, andsecurity as they pertain to criminal history record information andcorrectional status information;

22. Maintain a liaison with any board, commission, committee, or other bodywhich may be established by law, executive order, or resolution to regulatethe privacy and security of information collected by the Commonwealth or anypolitical subdivision thereof;

23. Adopt regulations establishing guidelines and standards for thecollection, storage, and dissemination of criminal history record informationand correctional status information, and the privacy, confidentiality, andsecurity thereof necessary to implement state and federal statutes,regulations, and court orders;

24. Operate a statewide criminal justice research center, which shallmaintain an integrated criminal justice information system, produce reports,provide technical assistance to state and local criminal justice data systemusers, and provide analysis and interpretation of criminal justicestatistical information;

25. Develop a comprehensive, statewide, long-range plan for strengthening andimproving law enforcement and the administration of criminal justicethroughout the Commonwealth, and periodically update that plan;

26. Cooperate with, and advise and assist, all agencies, departments, boardsand institutions of the Commonwealth, and units of general local government,or combinations thereof, including planning district commissions, inplanning, developing, and administering programs, projects, comprehensiveplans, and other activities for improving law enforcement and theadministration of criminal justice throughout the Commonwealth, includingallocating and subgranting funds for these purposes;

27. Define, develop, organize, encourage, conduct, coordinate, and administerprograms, projects and activities for the Commonwealth and units of generallocal government, or combinations thereof, in the Commonwealth, designed tostrengthen and improve law enforcement and the administration of criminaljustice at every level throughout the Commonwealth;

28. Review and evaluate programs, projects, and activities, and recommend,where necessary, revisions or alterations to such programs, projects, andactivities for the purpose of improving law enforcement and theadministration of criminal justice;

29. Coordinate the activities and projects of the state departments,agencies, and boards of the Commonwealth and of the units of general localgovernment, or combination thereof, including planning district commissions,relating to the preparation, adoption, administration, and implementation ofcomprehensive plans to strengthen and improve law enforcement and theadministration of criminal justice;

30. Do all things necessary on behalf of the Commonwealth and its units ofgeneral local government, to determine and secure benefits available underthe Omnibus Crime Control and Safe Streets Act of 1968 (P.L. 90-351, 82 Stat.197), as amended, and under any other federal acts and programs forstrengthening and improving law enforcement, the administration of criminaljustice, and delinquency prevention and control;

31. Receive, administer, and expend all funds and other assistance availableto the Board and the Department for carrying out the purposes of this chapterand the Omnibus Crime Control and Safe Streets Act of 1968, as amended;

32. Apply for and accept grants from the United States government or anyother source in carrying out the purposes of this chapter and accept any andall donations both real and personal, and grants of money from anygovernmental unit or public agency, or from any institution, person, firm orcorporation, and may receive, utilize and dispose of the same. Anyarrangements pursuant to this section shall be detailed in the annual reportof the Board. Such report shall include the identity of the donor, the natureof the transaction, and the conditions, if any. Any moneys received pursuantto this section shall be deposited in the state treasury to the account ofthe Department. To these ends, the Board shall have the power to comply withconditions and execute such agreements as may be necessary;

33. Make and enter into all contracts and agreements necessary or incidentalto the performance of its duties and execution of its powers under thischapter, including but not limited to, contracts with the United States,units of general local government or combinations thereof, in Virginia orother states, and with agencies and departments of the Commonwealth;

34. Adopt and administer reasonable regulations for the planning andimplementation of programs and activities and for the allocation, expenditureand subgranting of funds available to the Commonwealth and to units ofgeneral local government, and for carrying out the purposes of this chapterand the powers and duties set forth herein;

35. Certify and decertify law-enforcement officers in accordance with 15.2-1706 and 15.2-1707;

36. Establish training standards and publish a model policy forlaw-enforcement personnel in the handling of family abuse, domestic violence,sexual assault and stalking cases, including standards for determining thepredominant physical aggressor in accordance with 19.2-81.3;

37. Establish training standards and publish a model policy forlaw-enforcement personnel in communicating with and facilitating the safereturn of individuals diagnosed with Alzheimer's disease;

38. Establish compulsory training standards for basic training and therecertification of law-enforcement officers to ensure sensitivity to andawareness of cultural diversity and the potential for biased policing;

39. Review and evaluate community-policing programs in the Commonwealth, andrecommend where necessary statewide operating procedures, guidelines, andstandards which strengthen and improve such programs, including sensitivityto and awareness of cultural diversity and the potential for biased policing;

40. Publish and disseminate a model policy or guideline that may be used bystate and local agencies to ensure that law-enforcement personnel aresensitive to and aware of cultural diversity and the potential for biasedpolicing;

41. [Expired.]

42. Establish a Virginia Law-Enforcement Accreditation Center. The Centershall, in cooperation with Virginia law-enforcement agencies, providetechnical assistance and administrative support, including staffing, for theestablishment of voluntary state law-enforcement accreditation standards. TheCenter may provide accreditation assistance and training, resource material,and research into methods and procedures that will assist the Virginialaw-enforcement community efforts to obtain Virginia accreditation status;

43. Promote community policing philosophy and practice throughout theCommonwealth by providing community policing training and technicalassistance statewide to all law-enforcement agencies, community groups,public and private organizations and citizens; developing and distributinginnovative policing curricula and training tools on general communitypolicing philosophy and practice and contemporary critical issues facingVirginia communities; serving as a consultant to Virginia organizations withspecific community policing needs; facilitating continued development andimplementation of community policing programs statewide through discussionforums for community policing leaders, development of law-enforcementinstructors; promoting a statewide community policing initiative; and servingas a statewide information source on the subject of community policingincluding, but not limited to periodic newsletters, a website and anaccessible lending library;

44. Establish, in consultation with the Department of Education and theVirginia State Crime Commission, compulsory minimum standards for employmentand job-entry and in-service training curricula and certificationrequirements for school security officers, which training and certificationshall be administered by the Virginia Center for School Safety pursuant to 9.1-184. Such training standards shall include, but shall not be limited to,the role and responsibility of school security officers, relevant state andfederal laws, school and personal liability issues, security awareness in theschool environment, mediation and conflict resolution, disaster and emergencyresponse, and student behavioral dynamics. The Department shall establish anadvisory committee consisting of local school board representatives,principals, superintendents, and school security personnel to assist in thedevelopment of these standards and certification requirements;

45. Establish training standards and publish a model policy and protocols forlocal and regional sexual assault response teams;

46. License and regulate property bail bondsmen and surety bail bondsmen inaccordance with Article 11 ( 9.1-185 et seq.) of this chapter;

47. License and regulate bail enforcement agents in accordance with Article12 ( 9.1-186 et seq.) of this chapter;

48. In conjunction with the Virginia State Police and the State CompensationBoard, advise criminal justice agencies regarding the investigation,registration, and dissemination of information requirements as they pertainto the Sex Offender and Crimes Against Minors Registry Act ( 9.1-900 etseq.);

49. (Effective July 1, 2007) Establish minimum standards for (i) employment,(ii) job-entry and in-service training curricula, and (iii) certificationrequirements for campus security officers. Such training standards shallinclude, but not be limited to, the role and responsibility of campussecurity officers, relevant state and federal laws, school and personalliability issues, security awareness in the campus environment, and disasterand emergency response. The Department shall provide technical support andassistance to campus police departments and campus security departments onthe establishment and implementation of policies and procedures, includingbut not limited to: the management of such departments, investigatoryprocedures, judicial referrals, the establishment and management of databasesfor campus safety and security information sharing, and development ofuniform record keeping for disciplinary records and statistics, such ascampus crime logs, judicial referrals and Clery Act statistics. TheDepartment shall establish an advisory committee consisting of collegeadministrators, college police chiefs, college security department chiefs,and local law-enforcement officials to assist in the development of thestandards and certification requirements and training pursuant to thissubdivision; and

50. Perform such other acts as may be necessary or convenient for theeffective performance of its duties.

(1981, c. 632, 9-170; 1982, c. 473; 1984, cc. 515; 779; 1986, c. 128; 1988,cc. 46, 560; 1990, c. 632; 1991, c. 345; 1994, cc. 850, 905; 1996, cc. 154,866, 952; 1998, cc. 31, 471, 523; 1999, cc. 307, 495; 2000, c. 561; 2001, cc.162, 210, 434, 458, 844; 2002, cc. 490, 810, 818, 836, 868; 2004, cc. 397,460, 972, 980, 1016; 2005, cc. 868, 881; 2006, cc. 203, 233, 857, 914.)