Code of Virginia - Title 9.1 Commonwealth Public Safety - Chapter 1 Department Of Criminal Justice Services

  • 9.1-100 Department of Criminal Justice Services
    A. There is created a Department of Criminal Justice Services (the "Department") that shall be headed by a Director appointed by the Governor, subject to ...
  • 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 ...
  • 9.1-102 Powers and duties of the Board and the Department
    The Department, under the direction of the Board, which shall be the policy-making body for carrying out the duties and powers hereunder, shall have the ...
  • 9.1-103 Direct operational responsibilities in law enforcement not authorized
    Nothing in this chapter shall be construed as authorizing the Department to undertake direct operational responsibilities in law enforcement or the administration of criminal justice. ...
  • 9.1-104 Establishment of victim and witness assistance programs; purpose; guidelines
    A. The Department shall adopt guidelines, the purpose of which shall be to make funds available to local governments for establishing, operating and maintaining victim ...
  • 9.1-105 Intensified Drug Enforcement Jurisdictions Fund
    There is created a special nonreverting fund to be administered by the Department, known as the Intensified Drug Enforcement Jurisdictions Fund. This Fund shall be ...
  • 9.1-106 Regional Criminal Justice Academy Training Fund; local fee
    There is created a special nonreverting fund to be administered by the Department, known as the Regional Criminal Justice Academy Training Fund. This Fund shall ...
  • 9.1-107 Powers and duties of Director
    A. The Director shall be charged with executive and administrative responsibility to (i) carry out the specific duties imposed on the Department under § 9.1-102 ...
  • 9.1-108 Criminal Justice Services Board membership; terms; vacancies; members not disqualified from holdin...
    A. The Criminal Justice Services Board is established as a policy board within the meaning of § 2.2-2100, in the executive branch of state government. ...
  • 9.1-108.1 Executive Committee; authority; effect of certain actions
    A. The Board may establish an Executive Committee consisting of the Chairman and seven members of the Board appointed by the Chair. The Chair shall ...
  • 9.1-109 Administration of federal programs
    The Board is designated as the supervisory board and the Department is designated as the planning and coordinating agency responsible for the implementation and administration ...
  • 9.1-110 School Resource Officer Grants Program and Fund
    A. From the funds appropriated for such purpose and from the gifts, donations, grants, bequests, and other funds received on its behalf, there is established ...
  • 9.1-111 Advisory Committee on Juvenile Justice; membership; terms; quorum; compensation and expenses; dutie...
    A. The Advisory Committee on Juvenile Justice (the Advisory Committee) is established as an advisory committee in the executive branch of state government. The Advisory ...
  • 9.1-112 Committee on Training; membership
    There is created a permanent Committee on Training under the Board that shall be the policy-making body responsible to the Board for effecting the provisions ...
  • 9.1-113 Compliance with minimum training standards by certain officers; exceptions
    The provisions of this chapter shall not be construed to require (i) law-enforcement officers serving under permanent appointment on July 1, 1971, (ii) officers serving ...
  • 9.1-114 Compliance with minimum training standards by officers employed after July 1, 1971, by officers app...
    Every full-time law-enforcement officer employed after July 1, 1971, officers appointed under the provisions of § 56-353 after July 1, 1982, and every part-time law-enforcement ...
  • 9.1-115 Forfeiture of office for failing to meet training standards; termination of salary and benefits; ex...
    A. Every person required to comply with the training standards adopted by the Board, excluding private security services business personnel, who fails to comply with ...
  • 9.1-116 Exemptions of certain persons from certain training requirements
    The Director of the Department, with the approval of the Board, may exempt a chief of police or any law-enforcement officer or any courthouse and ...
  • 9.1-116.1 Virginia Sexual and Domestic Violence Victim Fund; purpose; guidelines
    A. There is created the Virginia Sexual and Domestic Violence Victim Fund as a special nonreverting fund to be administered by the Department of Criminal ...
  • 9.1-117 through 9.1-125
    Repealed by Acts 2005, cc. 868 and 881, cl. 2. ...
  • 9.1-126 Application and construction of article
    A. This article shall apply to original or copied criminal history record information, maintained by a criminal justice agency of (i) the Commonwealth or its ...
  • 9.1-127 Establishment of statewide criminal justice information system; duties of Board generally; assistan...
    A. The Board shall provide for the coordination of the operation of a statewide comprehensive criminal justice information system for the exchange of criminal history ...
  • 9.1-128 Dissemination of criminal history record information; Board to adopt regulations and procedure...
    A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only in accordance with § 19.2-389. B. The Board shall adopt ...
  • 9.1-129 Participation of state and local agencies in interstate system; access to system limited
    A. The Board shall regulate participation of state and local agencies in any interstate system for the exchange of criminal history record information and shall ...
  • 9.1-130 Procedures to be adopted by agencies maintaining criminal justice information systems
    Each criminal justice agency maintaining and operating a criminal justice information system shall adopt procedures reasonably designed to ensure: 1. The physical security of the ...
  • 9.1-131 Annual audits
    The Board shall ensure that annual audits are conducted of a representative sample of state and local criminal justice agencies to ensure compliance with this ...
  • 9.1-132 Individual's right of access to and review and correction of information
    A. Any individual who believes that criminal history record information is being maintained about him by the Central Criminal Records Exchange (the "Exchange"), or by ...
  • 9.1-133 Certain information not subject to review or correction
    A. Background checks for security clearances and investigative information not connected with a criminal prosecution or litigation including investigations of rule infractions in correctional institutions ...
  • 9.1-134 Sealing of criminal history record information
    The Board shall adopt procedures reasonably designed to (i) ensure prompt sealing or purging of criminal history record information when required by state or federal ...
  • 9.1-135 Civil remedies for violation of this chapter or Chapter 23 of Title 19.2
    A. Any person may institute a civil action in the circuit court of the jurisdiction in which the Board has its administrative headquarters, or in ...
  • 9.1-136 Criminal penalty for violation
    Any person who willfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who willfully and intentionally disseminates ...
  • 9.1-137 Article to control over other laws; exceptions
    A. In the event any provisions of this article conflict with other provisions of law, the provision of this article shall control, except as provided ...
  • 9.1-138 Definitions
    In addition to the definitions set forth in § 9.1-101, as used in this article, unless the context requires a different meaning: "Alarm respondent" means ...
  • 9.1-139 Licensing, certification, and registration required; qualifications; temporary licenses
    A. No person shall engage in the private security services business or solicit private security business in the Commonwealth without having obtained a license from ...
  • 9.1-140 Exceptions from article; training requirements for out-of-state central station dispatcher...
    The provisions of this article shall not apply to: 1. An officer or employee of the United States, the Commonwealth, or a political subdivision of ...
  • 9.1-140.1 Registration; waiver of examination; locksmiths
    Notwithstanding any other provision of this article, unless an applicant is found by the Board to have engaged in any act that would constitute grounds ...
  • 9.1-141 Powers of Board relating to private security services business
    A. The Board may adopt regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), establishing compulsory minimum, entry-level, in-service, and advanced training ...
  • 9.1-142 Powers of Department relating to private security services businesses
    A. In addition to the powers otherwise conferred upon it by law, the Department may: 1. Charge each applicant for licensure, certification or registration a ...
  • 9.1-143 Private Security Services Advisory Board; membership
    The Private Security Services Advisory Board is established as an advisory board within the meaning of § 2.2-2100, in the executive branch of state government. ...
  • 9.1-144 Bond or insurance required; actions against bond
    A. Every person licensed as a private security services business under subsection A of § 9.1-139 or certified as a private security services training school ...
  • 9.1-145 Fingerprints required; penalty
    A. Each applicant for initial registration, licensure or certification as a compliance agent, private security services training school or instructor or unarmed security officer under ...
  • 9.1-146 Limitation on powers of registered armed security officers
    Compliance with the provisions of this article shall not itself authorize any person to carry a concealed weapon or exercise any powers of a conservator ...
  • 9.1-147 Unlawful conduct generally; penalty
    A. It shall be unlawful for any person to: 1. Practice any trade or profession licensed, certified or registered under this article without obtaining the ...
  • 9.1-148 Unlawful procurement of a license; penalty
    A. It shall be unlawful for any person to: 1. Procure, or assist another to procure, through theft, fraud or other illegal means, a registration ...
  • 9.1-149 Unlicensed activity prohibited; penalty
    A. No person: 1. Required to possess a registration under subsection C of § 9.1-139 shall be employed by a private security services business, except ...
  • 9.1-150 Monetary penalty
    Any person licensed, certified or registered by the Board pursuant to this article who violates any statute or Board regulation who is not criminally prosecuted ...
  • 9.1-150.1 Definitions
    In addition to the definitions set forth in § 9.1-101, as used in this article, unless the context requires a different meaning: "Special conservator of ...
  • 9.1-150.2 Powers of Criminal Justice Services Board relating to special conservators of the peace appointed p...
    The Board may adopt regulations establishing compulsory minimum, entry-level, in-service, and advanced training standards for special conservators of the peace. The regulations may include provisions ...
  • 9.1-150.3 Powers of Department of Criminal Justice Services relating to special conservators of the peace app...
    A. In addition to the powers otherwise conferred upon it by law, the Department may (i) charge each applicant for registration a nonrefundable fee as ...
  • 9.1-150.4 Unlawful conduct; penalties
    A. It shall be unlawful for any person to (i) misrepresent facts in an application for registration; (ii) willfully refuse to furnish the Department information ...
  • 9.1-151 Court-Appointed Special Advocate Program; appointment of advisory committee
    A. There is established a Court-Appointed Special Advocate Program (the "Program") that shall be administered by the Department. The Program shall provide services in accordance ...
  • 9.1-152 Local court-appointed special advocate programs; powers and duties
    A. The Department shall provide a portion of any funding appropriated for this purpose to applicants seeking to establish and operate a local court-appointed special ...
  • 9.1-153 Volunteer court-appointed special advocates; powers and duties; assignment; qualifications; trainin...
    A. Services in each local court-appointed special advocate program shall be provided by volunteer court-appointed special advocates, hereinafter referred to as advocates. The advocate's duties ...
  • 9.1-154 Immunity
    No staff of or volunteers participating in a program, whether or not compensated, shall be subject to personal liability while acting within the scope of ...
  • 9.1-155 Notice of hearings and proceedings
    The provision of § 16.1-264 regarding notice to parties shall apply to ensure that an advocate is notified of hearings and other proceedings concerning the ...
  • 9.1-156 Inspection and copying of records by advocate; confidentiality of records
    A. Upon presentation by the advocate of the order of his appointment and upon specific court order, any state or local agency, department, authority, or ...
  • 9.1-157 Cooperation of state and local entities
    All state and local departments, agencies, authorities, and institutions shall cooperate with the Department and with each local court-appointed special advocate program to facilitate its ...
  • 9.1-158 Crime Prevention Center; purpose
    The Department shall establish a Crime Prevention Center for the purpose of providing crime prevention assistance and training, resource material, and research into methods and ...
  • 9.1-159 Creation of McGruff House Program; duties of Department
    The symbol of "McGruff" with the phrase "McGruff House" shall be the symbol used to designate a house in the Commonwealth where a child who ...
  • 9.1-160 Designation of McGruff House; application; penalty
    All persons displaying the McGruff House symbol so that it is visible from the outside of their house shall first apply for designation as a ...
  • 9.1-161 Crime prevention specialists; duties
    The Board shall adopt regulations establishing minimum standards for certification of crime prevention specialists. Such regulations shall require that the chief law-enforcement officer of the ...
  • 9.1-162 Eligibility for crime prevention specialists
    Any employee of a local, state or federal government agency who serves in a law-enforcement, crime prevention or criminal justice capacity is eligible to be ...
  • 9.1-163 Definitions
    As used in this article, unless the context requires a different meaning: "Detoxification center program" means any facility program or procedure for the placement of ...
  • 9.1-164 Establishment of programs; purpose; regulations; judicial approval of facilities
    A. It is the purpose of this article to enable any city, county, or combination thereof, to develop, establish, operate, maintain, or to contract with ...
  • 9.1-165 Definitions
    As used in this article, unless the context requires a different meaning: "Adjusted crime index" means the potential crime rate for a locality multiplied by ...
  • 9.1-166 Local governments to receive state funds for law enforcement
    The Department of the Treasury shall disburse funds to cities, towns and counties, to aid in the law-enforcement expenditures of those local governments, pursuant to ...
  • 9.1-167 Calculation of adjusted crime index; use
    By January 1 of each even-numbered year, the Department, using the relevant base year data, shall calculate the adjusted crime index for each city and ...
  • 9.1-168 Eligibility for funds
    A. Any city, county, or town establishing a police department shall provide the Department written notice of its intent to seek state funds in accordance ...
  • 9.1-169 Total amount and method of distribution of funds to counties and cities
    A. The total amount of funds to be distributed as determined by the Department shall be equal to the amount of state aid to localities ...
  • 9.1-170 Distribution of funds to towns
    A. Towns located in eligible counties and which have police departments shall receive a percentage of the funds distributed to the county in accordance with ...
  • 9.1-171 Distribution of discretionary fund
    In the case of a city with a population of more than 200,000 receiving per capita aid for law enforcement in accordance with § 9.1-169 ...
  • 9.1-172 Periodic determination of weights and constants
    Prior to the convening of the General Assembly in each even-numbered year, the Department shall determine whether the variables incorporated in the equation used in ...
  • 9.1-173 Purpose
    It is the purpose of this article to enable any city, county or combination thereof to develop, establish, and maintain a local community-based probation services ...
  • 9.1-174 Establishment of a community-based probation services agency
    To facilitate local involvement and flexibility in responding to the problem of crime in their communities and to permit a locally designed community-based probation services ...
  • 9.1-175 Board to prescribe standards; biennial plan
    The Board shall approve standards as prescribed by the Department for the development, implementation, operation and evaluation of local community-based probation services and facilities authorized ...
  • 9.1-176 Mandated services; optional services and facilities
    Any city, county or combination thereof that elects or is required to establish a local community-based probation services agency pursuant to this article shall provide ...
  • 9.1-176.1 Duties and responsibilities of local community-based probation officers
    A. Each local community-based probation officer, for the localities served, shall: 1. Supervise and assist all local-responsible adult offenders, residing within the localities served and ...
  • 9.1-177 Form of oath of office for local community-based probation officers
    Every local community-based probation officer who is an employee of a local community-based probation agency, established by any city, county or combination thereof, or operated ...
  • 9.1-177.1 Confidentiality of records of and reports on adult persons under investigation by or placed on prob...
    A. Any investigation report, including a presentencing investigation report, prepared by a local community-based probation officer is confidential and is exempt from the Virginia Freedom ...
  • 9.1-178 Community criminal justice boards
    A. Each county or city or combination thereof developing and establishing a local pretrial services or a community-based probation services agency pursuant to this article ...
  • 9.1-179 Withdrawal from services
    Any participating city or county may, at the beginning of any calendar quarter, by ordinance or resolution of its governing body, notify the Director of ...
  • 9.1-180 Responsibilities of community criminal justice boards
    On behalf of the counties, cities, or combinations thereof which they represent, the community criminal justice boards shall have the responsibility to: 1. Advise on ...
  • 9.1-181 Eligibility to participate
    A. Any city, county, or combination thereof, which elects to, or is required to establish services shall participate in a local community-based probation services agency ...
  • 9.1-182 Funding; failure to comply; prohibited use of funds
    A. Counties and cities shall be required to establish a local community-based probation services agency under this article only to the extent funded by the ...
  • 9.1-183 City or county to act as administrator and fiscal agent
    Any single participating city or county shall act as the administrator and fiscal agent for the funds awarded for purposes of implementing a local pretrial ...
  • 9.1-184 Virginia Center for School Safety created; duties
    A. From such funds as may be appropriated, the Virginia Center for School Safety (the "Center") is hereby established within the Department. The Center shall: ...
  • 9.1-185 Definitions
    As used in this article, unless the context requires a different meaning: "Agent" means a person who is a licensed bail bondsman who has been ...
  • 9.1-185.1 Inapplicability of this article
    This article shall not apply to a person who does not receive profit or consideration for his services. (2004, c. 460.) ...
  • 9.1-185.2 Powers of the Criminal Justice Services Board relating to bail bondsmen
    The Board shall have full regulatory authority and oversight of property and surety bail bondsmen. The Board shall adopt regulations that are necessary to ensure ...
  • 9.1-185.3 Powers of Department of Criminal Justice Services relating to bail bondsmen
    A. In addition to the powers otherwise conferred upon it by law, the Department may (i) charge each applicant for licensure a nonrefundable fee as ...
  • 9.1-185.4 Limitations on licensure
    A. In order to be licensed as a bail bondsman a person shall (i) be 18 years of age or older, (ii) have received a ...
  • 9.1-185.5 Bail bondsman licensure requirements
    A. An applicant for a bail bondsman license shall apply for such license in a form and manner prescribed by the Board, and containing any ...
  • 9.1-185.6 Licenses; renewal
    A. A license granted to a bondsman by the Department shall authorize such person to enter into bonds, as defined in § 19.2-119, in any ...
  • 9.1-185.7 Licensure of nonresidents
    A. All nonresident transfers and applicants for a bail bondsman license shall satisfy all licensing requirements for residents of the Commonwealth. B. For the purposes ...
  • 9.1-185.8 Professional conduct standards; grounds for disciplinary actions
    A. Any violations of the restrictions or standards under this statute shall be grounds for placing on probation, refusal to issue or renew, sanctioning, suspension ...
  • 9.1-185.9 Solicitation of business; standards; restrictions and requirements
    A. Only licensed bail bondsmen shall be authorized to solicit bail bond business in the Commonwealth. B. A licensed bail bondsman shall not: 1. Solicit ...
  • 9.1-185.10 Collateral received in the course of business; standards and requirements
    A. A licensed bail bondsman shall be permitted to accept collateral security or other indemnity from the principal, which shall be returned upon final termination ...
  • 9.1-185.11 Firearms, training and usage; standards and requirements
    A. If a bail bondsman chooses to carry a firearm in the course of his duties, he shall be required to: 1. First complete basic ...
  • 9.1-185.12 Uniforms and identification; standards and restrictions
    A. A bail bondsman shall not wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies he is an agent ...
  • 9.1-185.13 Documentation and recordkeeping standards and requirements
    A. The bail bondsman shall retain, for a minimum of the three calendar years from the date of the termination of the liability: 1. Copies ...
  • 9.1-185.14 Reporting standards and requirements
    A. Each licensed bail bondsman shall report within 30 calendar days to the Department any change in his residence, name, business name or business address, ...
  • 9.1-185.15 Recovery of bailees; methods of capture; standards and requirements; limitations
    A. During the recovery of a bailee, a bail bondsman shall have a copy of the relevant recognizance for the bailee. In the event a ...
  • 9.1-185.16 Department submission to the State Corporation Commission
    A. The Department shall provide to the State Corporation Commission a list of all newly licensed surety bondsmen each month. B. When the Department terminates ...
  • 9.1-185.17 Department submissions to local and regional correctional facilities
    Once a year, the Department shall provide to each local and regional correctional facility a list of all licensed bail bondsmen in the Commonwealth. The ...
  • 9.1-185.18 Penalties
    It shall be a Class 1 misdemeanor to engage in bail bonding for profit or other consideration without a valid license issued by the Department ...
  • 9.1-186 Definitions
    As used in this chapter, unless the context requires a different meaning: "Bail enforcement agent," also known as "bounty hunter," means any individual engaged in ...
  • 9.1-186.1 Inapplicability of article
    The provisions of this article shall not apply to licensed bail bondsmen nor to law-enforcement officers. (2004, c. 397.) ...
  • 9.1-186.2 Powers of Department and Board relating to bail enforcement agents
    A. The Board shall have full regulatory authority and oversight of bail enforcement agents. B. The Board shall adopt regulations establishing compulsory minimum, entry-level and ...
  • 9.1-186.3 Powers of Department relating to bail enforcement agents
    A. In addition to the powers otherwise conferred upon it by law, the Department may charge each applicant for licensure or licensee a nonrefundable fee ...
  • 9.1-186.4 Limitations on licensure
    A. In order to be licensed as a bail enforcement agent a person shall (i) be 21 years of age or older, (ii) have received ...
  • 9.1-186.5 Bail enforcement agent license; criminal history records check
    A. An applicant for a bail enforcement license shall apply for such license in a form and manner prescribed by the Board, and containing any ...
  • 9.1-186.6 Licenses; renewal
    A. A license granted to a bail enforcement agent by the Department shall authorize such person to engage in the business of bail recovery. B. ...
  • 9.1-186.7 Licensure of nonresidents
    A. All nonresident transfers and applicants for a bail enforcement agent license shall satisfy all licensing requirements for residents of the Commonwealth. B. For the ...
  • 9.1-186.8 Professional conduct standards; grounds for disciplinary actions
    A. Any violations of the restrictions or standards under subsection B shall be grounds for placing on probation, refusal to issue or renew, sanctioning, suspension ...
  • 9.1-186.9 Firearms, training and usage; standards and requirements
    A. If a bail enforcement agent chooses to carry a firearm, either concealed or visible, in the course of his duties, he shall be required ...
  • 9.1-186.10 Uniforms and identification; standards and restrictions
    A. A bail enforcement agent shall not wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies he is an ...
  • 9.1-186.11 Reporting standards and requirements
    A. Each licensed bail enforcement agent shall report within 30 calendar days to the Department any change in his residence, name, or business name or ...
  • 9.1-186.12 Recovery of bailees; methods of capture; standards and requirements; limitations
    A. During the recovery of a bailee, a bail enforcement agent shall have a copy of the relevant recognizance for the bailee. He shall also ...
  • 9.1-186.13 Penalties, criminal and monetary
    Any person who engages in bail recovery in the Commonwealth without a valid license issued by the Department is guilty of a Class 1 misdemeanor. ...
  • 9.1-186.14 Description unavailable
    Expired. ...

Last modified: April 2, 2009