Code of Virginia - Title 15.2 Counties, Cities And Towns - Section 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 agency administrator that any certified law-enforcement or jail officer has (i) been convicted of or pled guilty or no contest to a felony or any offense that would be a felony if committed in Virginia, (ii) failed to comply with or maintain compliance with mandated training requirements, or (iii) refused to submit to a drug screening or has produced a positive result on a drug screening reported to the employing agency, where the positive result cannot be explained to the agency administrator's satisfaction, which notification, where appropriate, shall be accompanied by a copy of the judgment of conviction, the Criminal Justice Services Board shall decertify such law-enforcement or jail officer. Such officer shall not have the right to serve as a law-enforcement officer within this Commonwealth until his certification has been reinstated by the Board.

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

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

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

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Last modified: April 2, 2009