2006 Code of Virginia § 9.1-186.2 - Powers of Department and Board relating to bail enforcement agents

9.1-186.2. Powers of Department and Board relating to bail enforcementagents.

A. The Board shall have full regulatory authority and oversight of bailenforcement agents.

B. The Board shall adopt regulations establishing compulsory minimum,entry-level and in-service training and education for bail enforcementagents. The regulations may include provisions allowing the Department toinspect the facilities and programs of persons conducting training to ensurecompliance with the law and regulations. In establishing compulsory trainingstandards for bail enforcement agents, the Board shall ensure the publicsafety and welfare against incompetent or unqualified persons engaging in theactivities regulated by this article. The regulations may provide forexemption from training of persons having previous employment aslaw-enforcement officers for a local, state or the federal government.However, no such exemption shall be granted for any person whose employmentas a law-enforcement officer was terminated because of his misconduct orincompetence. The regulations may include provisions for partial exemptionfrom such training for persons having previous training that meets or exceedsthe minimum training standards and has been approved by the Department.

C. The Board shall adopt regulations that are necessary to ensurerespectable, responsible, safe and effective bail enforcement within theCommonwealth and shall include but not be limited to regulations that: (i)establish qualifications of applicants for licensure and renewal under thisarticle; (ii) examine, or cause to be examined, the qualifications of eachapplicant for licensure, including when necessary the preparation,administration, and grading of examinations; (iii) levy and collectnonrefundable fees for licensure and renewal that are sufficient to cover allexpenses for administration and operation of a program of licensure; (iv)ensure continued competency and prevent deceptive or misleading practices bypractitioners; (v) administer the regulatory system; (vi) provide for receiptof complaints concerning the conduct of any person whose activities areregulated by the Board; (vii) provide for investigations, and appropriatedisciplinary action if warranted; (viii) establish professional conductstandards, firearms training and usage standards, uniform and identificationstandards, reporting standards, and standards for the recovery and capture ofbailees; (ix) allow the Board to revoke, suspend or refuse to renew a licensefor just cause; and (x) establish an introductory training curriculum whichincludes search, seizure and arrest procedure, pursuit, arrest, detainmentand transportation of a bailee, specific duties and responsibilitiesregarding entering an occupied structure, the laws and rules relating to thebail bond business, the rights of the accused, ethics and Virginia law andregulation. The Board shall adopt annual compulsory, minimum, firearmstraining standards for bail enforcement agents. In adopting its regulations,the Board shall seek the advice of the Private Security Services AdvisoryBoard established pursuant to 9.1-143.

(2004, c. 397.)