1. Introduction
The Director of the Department may exempt any law-enforcement officer or any courthouse and courtroom security officer, jail officer, dispatcher, process server, or custodial officer or corrections officer of the Commonwealth or any political subdivision who has demonstrated sensitivity to cultural diversity issues and had previous experience and training with any law-enforcement or custodial agency, from the mandatory attendance of any or all courses which are required for the successful completion of the compulsory minimum training standards established by the Board. The exemption authorized by this section shall be available regardless of any officer's date of initial employment.
The following requirements are general criteria to be used when assessing requests for exemptions from training requirements.
A. It is the intent of the Department of Criminal Justice Services (DCJS) that exemptions are to be issued based on a proficient level of knowledge, skills and abilities for the position for which an individual is employed. Applications for exemption must be requested by the Chief of Police, Sheriff, Agency Administrator or designee on the DCJS application for Training Exemption Form W-2, and only upon appointment to the position for which an exemption is being requested.
B. Where individuals with prior experience and training demonstrate adequate knowledge, skills and abilities through a testing and assessment process, they shall not be required to attend classroom training unless there is a rule or regulation in effect having such a requirement. Thus, when considering exemptions, the following requirements may apply.
2. Applicability
A. The exemption shall be available to all law-enforcement officers, courthouse and courtroom security officers, jail officer, dispatchers, process servers and custodial officers, and corrections officers, regardless of any officer's date of initial employment, and shall entitle the officer when exempted from mandatory attendance to be deemed in compliance with the compulsory minimum training standards, provided that the officer is otherwise qualified.
B. An application for exemption of the compulsory minimum training standards may be considered for those individuals who have previously met minimum training standards in Virginia and have terminated that employment in excess of 24 months or criminal justice officers being employed in Virginia from another state who have previously met comparable minimum training standards.
1). DCJS will not consider an exemption for an individual who has had certification revoked or has certification charges pending in another state.
C. An individual who has previously met Virginia's compulsory minimum training standards for the position to which he/she is being appointed and whose last employment date is less than 24 months from the new date of appointment is not required to make application for a training exemption. This individual must comply with appropriate compulsory in-service training standards within 120 days of hire or appointment to maintain/reinstate compliance with compulsory minimum training standards.
D. An individual who has previously met minimum basic training standards in another state for the position to which appointed may be eligible for an exemption to all or some of the compulsory minimum training standards.
E. Application for exemption must be requested by the Chief of Police, Sheriff, Agency Administrator or designee on the DCJS Application for Exemption (Form W-2) and only upon appointment to the position for which the exemption is being requested.
F. All administrative waivers become null and void upon departure of employment with the agency requesting the training exemption.
3. Law Enforcement Officer
Exemptions for this category shall only be considered where prior law enforcement experience and training has been documented by the applicant.
The LAW ENFORCEMENT OFFICER shall attend a certified training academy and satisfactorily complete all coursework, including written and performance tests, for each subject that may be required by DCJS based upon consideration of the continuous certified experience of the officer prior to separation and the period of time separated from such employment. All coursework, written and performance tests that may be required by DCJS must be completed within twelve (12) months of the date of appointment. When applicable, the DCJS State Certification Exam and field training must also be also be completed within twelve (12) months of the date of appointment.
4. Jailor/Custodial Officer
Exemptions for this category shall only be considered where prior in-state criminal justice officer experience and training or out-of-state jailor experience and training have been documented by the applicant.
The JAILOR/CUSTODIAL OFFICER shall attend a certified training academy and satisfactorily complete all coursework, including written and performance tests, for each subject that may be required by DCJS based upon consideration of the continuous certified experience of the officer prior to separation and the period of time separated from such employment. All coursework, written and performance tests that may be required by DCJS must be completed within twelve (12) months of the date of appointment. The DCJS required field training must also be also be completed within twelve (12) months of the date of appointment.
5. Court Security/Process Service Officer
Exemptions for this category shall only be considered where prior in-state criminal justice officer experience and training or out-of-state court security officer/process server experience and training have been documented by the applicant.
The COURT SECURITY/PROCESS SERVICE OFFICER shall attend a certified training academy and satisfactorily complete all coursework, including written and performance tests, for each subject that may be required by DCJS based upon consideration of the continuous certified experience of the officer prior to separation and the period of time separated from such employment. All coursework, written and performance tests that may be required by DCJS must be completed within twelve (12) months of the date of appointment. The DCJS required field training must also be also be completed within twelve (12) months of the date of appointment.
6. Department of Corrections Officer
Exemptions for this category shall only be considered where prior state corrections officer experience and training or in-state jailor/custodial officer training and experience has been documented by the applicant.
The DEPARTMENT OF CORRECTIONS OFFICER shall attend a certified training academy and satisfactorily complete all coursework, including written and performance tests, for each subject that may be required by DCJS based upon consideration of the continuous certified experience of the officer prior to separation and the period of time separated from such employment. All coursework, written and performance tests that may be required by DCJS must be completed within twelve (12) months of the date of appointment.
7. Dispatcher
Exemptions for this category shall only be considered where prior dispatcher experience and training has been documented by the applicant.
The DISPATCHER shall attend a certified training academy and satisfactorily complete all coursework, including written and performance tests, for each subject that may be required by DCJS based upon consideration of the continuous certified experience of the officer prior to separation and the period of time separated from such employment. All coursework, written and performance tests that may be required by DCJS must be completed within twenty-four (24) months of the date of appointment. The on-the-job training must also be completed within twelve (24) months of the date of appointment.
8. Special Exemption Requirements
A. Individuals employed as a chief of police, agency administrator, or in executive level management positions wherein the duties are principally administrative shall be considered on a case-by-case basis. Requests submitted under this provision must be accompanied by appropriate written justification.
B. Individuals whose immediate last employment was with a comparable federal criminal justice agency shall be considered in the same manner as an “out-of-state” individual.
C. Individuals employed in one of the criminal justice occupational categories provided for herein and who otherwise would qualify for requesting an exemption but whose duties are restricted administratively by the sheriff, chief of police or agency administrator for specified reasons shall be considered on a case-by- case basis. Requests submitted under this provision must be accompanied by appropriate justification.
D. Individuals who have been previously employed in Virginia as auxiliary police officers, part-time law enforcement officers or officers of a private police department and who have met the compulsory minimum training standards and have been hired by a Virginia criminal justice agency may make application for training exemptions.
E. Except as otherwise noted herein, any officer employed in a category requiring satisfactory completion of compulsory minimum training standards shall meet the training requirements specified in the applicable rules.