Updated June 28, 2024
UNDER CONSTRUCTION!
Decertification Background
(This information will be updated in the coming days)
The provisions of the Virginia Decertification Code for Law Enforcement & Jail Officers (Virginia Code 15.2-1707 & 15.2-1708) have been revised, via 2024 Legislative action, Senate Bill 88 (SB88). The new code applications will become effective on July 1, 2024.
There is NO Grandfather clause to SB88, meaning any De-certifiable incidents occurring prior to July 1, 2024, must be mitigated via the Decertification Code (15.2-1707 Pre-SB88) and Appeal Process (15.2-1708 Pre-SB88).
The Pre-SB88 “Notification of Eligibility for Decertification (DC-1)” Form (Rev 2.0/ 3.14-2024) is available for all PRE-SB88 considerations.
FOR ANY VIOLATIONS OCCURING AFTER JULY 1, 2024, PLEASE DIRECT YOUR CONSIDERATIONS TO THE SB88 UPDATES FOR DECERTIFICATION WHICH SHOULD BE AVAILABLE HERE: "Notification of Eligibility for Decertification (DC-1)” Form (Rev 3.0 / 7.2024)
15.2-1707: https://law.lis.virginia.gov/vacode/title15.2/chapter17/section15.2-1707/
15.2-1708: https://law.lis.virginia.gov/vacode/title15.2/chapter17/section15.2-1708/
Please direct any decertification questions to:
Jonathan (Jon) D. Banberger,
LE Decertification Coordinator
jonathan.banberger@dcjs.virginia.gov or LEJDecert@dcjs.virginia.gov
MOVING FORWARD (AFTER JULY 1, 2024)
Senate Bill 88 (Revisions to the Decertification Codes: 15.2-1707 & 15.2-1708)
That the Department of Criminal Justice Services shall promulgate regulations to implement the 425 provisions of this act to be effective within 280 days of its enactment.
DCJS is coordinating with the Executive Committee of the Criminal Justice Services Board (CJSB) and the Virginia Office of the Attorney General (OAG) to implement the new additions and revisions to the Decertification code provisions and the newly enhanced review and appeal process as implemented via SB88. Some of the changes will be implemented on Day One, July 1, 2024, while other changes will need to be adapted over the next 280 days as required in the implementation clause referenced above.
THERE IS NO GRANDFATHER CLAUSE ON THE SB88 CHANGES.
Decertification actions submitted prior to July 1, 2024, will be handled according to practices and code requirements previously in use. This will impact on appeal requests for De-certifications occurring before the SB88 Implementation date, which will be heard by the Executive Committee of the CJSB.
A NEW DC-1 SUBMISSION FORM
Version 3 of the “Notification of Decertification” DC-1 Form will be coming soon. Please discontinue use of any of the prior revisions. This new form contains the newly updated language as revised in SB88 which will now be Virginia Code 15.2-1707.
Please scan and email the completed, signed, questionnaire to: LEJDecert@dcjs.virginia.gov
2024 Appeal Hearing Dates
SB88 provision and 2025 dates planning and revisions pending…
Pursuant to Virginia Code 15.2-1708 (https://law.lis.virginia.gov/vacode/title15.2/chapter17/section15.2-1708/), Appeal Hearing Dates have been tentatively prescheduled to allow the Executive Committee of the Criminal Justice Service’s Board to be available to conduct Decertification Appeal hearings. Upcoming dates for the 2024 Calendar Year are as follows: (Posted 11/13/2023, updated 02/07/2024)
2024 DATES:
January 18-19, 2024ConcludedMarch 28-29, 2024ConcludedMay 23-24, 2024 Dates changed to: May 16 – 17, 2024Concluded- July 25-26, 2024
- September 26-27, 2024
- November 21-22, 2024
2025 appeal review and hearing dates to be determined.
Please note that the specified dates may be subject to change based upon the availability of the Executive Committee of the Criminal Justice Services Board to conduct these hearings. Changes will be updated on this webpage, Virginia Regulatory TownHall and via direct notifications to the appellants and hearing participants, as soon as determined.
Decertification Code Sections:
15.2-1707: https://law.lis.virginia.gov/vacode/title15.2/chapter17/section15.2-1707/
15.2-1708: https://law.lis.virginia.gov/vacode/title15.2/chapter17/section15.2-1708/
Request for Decertification Form:
“Request for Decertification” DC-1 Revision 3/7.2024
"SOC Language" (3-03-2024 SOC)
Please direct any decertification questions to:
Jonathan (Jon) D. Banberger,
LE Decertification Coordinator
jonathan.banberger@dcjs.virginia.gov or LEJDecert@dcjs.virginia.gov
Please direct any FOIA requests to:
FOIA@dcjs.virginia.gov
Additional information on DCJS’s FOIA policy:
https://www.dcjs.virginia.gov/about-dcjs/foia-requests
*Regulations and Policy/ Procedures are under construction and revision and will be posted to this website, once completed.
Thank you for your continued support.
Law Enforcement Division
Virginia Department of Criminal justice Services