Skip to main content

Law Enforcement Decertification

DECERTIFICATION AND STANDARDS OF CONDUCT UPDATES

This material will be updated periodically!

Decertifications

The Department of Criminal Justice Services has been developing processes to assist Virginia Law-Enforcement Agencies submit the necessary notification information and documentation to ensure that any suitable decertification concerns are addressed effectively, appropriately, and fairly in accordance with the recently enacted updates to Virginia Code 15.2-1707.

Code of Virginia: 15.2-1707. Decertification of law-enforcement officers. https://law.lis.virginia.gov/vacode/title15.2/chapter17/section15.2-1707/

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

DCJS has developed a Newly Revised “Request for Decertification” (Form DC-1, Version 2.0_3.14-2024) questionnaire to assist agencies in providing the necessary notification and information to determine the suitability of a submission for decertification.  Please discard the previous version of the form, if in use.

Please scan and email the completed, signed, questionnaire to: LEJDecert@dcjs.virginia.gov

2024 Appeal Hearing Dates

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, 2024       Concluded
  • March 28-29, 2024   
  • May 23-24, 2024             Dates changed to: May 16 – 17, 2024
  • July 25-26, 2024
  • September 26-27, 2024
  • November 21-22, 2024  

Please note that the specified dates may be subject to change based upon the Quorum 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.

Please find a sample “Flow Chart’ describing the Law Enforcement Decertification process as employed by DCJS Staff, in accordance with the notated Virginia Code Sections.  (“DCJS Process for Officer Decertification” Flow CHART)

Statewide Standards of Conduct

March 2024…

The Statewide Standards of Conduct for Law Enforcement and Jail Officers (6 VAC 20-20) has been approved and is actionable, effective MARCH 14, 2024.  The current version has been approved as an emergency regulatory action and will be submitted into the regulatory process for further evaluation and permanent adoption at a future date.  The current language is available via the Virginia Regulatory Town Hall Website (https://townhall.virginia.gov/l/ViewXML.cfm?textid=16995) and attached for review and use, as relates to associated potential eligible violations of the Decertification Code, Virginia 15.2-1707, subsection B, (iv and v).  The  “Request for Decertification” (Form DC-1, Version 2.0_3.14-2024) form has been updated to include the useability of the noted code sections.

Please note that the Standards of Conduct and Serious Misconduct content is enacted for use as of March 14, 2024.  Instances or occurrences that may reflect such conduct, which occurred prior to the enactment date, cannot be considered for eligibility of decertifying an individual, however the previously active considerations, under the decertification, may be considered, if the reporting agency feels the involved circumstances meet the code language and criteria.

On February 29, March 5, and March 6, 2024, Mr. Harvey Powers, Law Enforcement Division Director, DCJS, held virtual Standards of Conduct Briefings, attended by many Law Enforcement Professions, throughout Virginia, providing and update on Decertification as well as the expected impact of the Standards of Conduct and Serious Misconduct in their implementation as code viable consideration.  The meeting, held on March 6, 2024, was recorded and is available for your review via this link: (SOC Virtual Meeting 03-06-2024)

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” (Form DC-1, Version 2.0_3.14-2024)
"SOC Language" (3-03-2024 SOC)

Thank you for your continued patience and support.

Law Enforcement Division

Virginia Department of Criminal justice Services