2006 Code of Virginia § 15.2-1707 - Decertification of law-enforcement officers

15.2-1707. Decertification of law-enforcement officers.

Upon written notification from the sheriff, chief of police or agencyadministrator that any certified law-enforcement or jail officer has (i) beenconvicted of or pled guilty or no contest to a felony or any offense thatwould be a felony if committed in Virginia, (ii) failed to comply with ormaintain compliance with mandated training requirements, or (iii) refused tosubmit to a drug screening or has produced a positive result on a drugscreening reported to the employing agency, where the positive result cannotbe explained to the agency administrator's satisfaction, which notification,where appropriate, shall be accompanied by a copy of the judgment ofconviction, the Criminal Justice Services Board shall decertify suchlaw-enforcement or jail officer. Such officer shall not have the right toserve as a law-enforcement officer within this Commonwealth until hiscertification has been reinstated by the Board.

The clerk of any court in which a conviction of a felony is made who hasknowledge that a law-enforcement or jail officer has been convicted shallhave a duty to report these findings promptly to the employing agency.

When a conviction has not become final, the Board may decline to decertifythe officer until the conviction becomes final, after considering thelikelihood of irreparable damage to the officer if such officer isdecertified during the pendency of an ultimately successful appeal, thelikelihood of injury or damage to the public if the officer is notdecertified, and the seriousness of the offense.

(1994, cc. 850, 905, 15.1-131.8:2; 1995, c. 112; 1997, c. 587.)