CHAPTER 50

COMMUNITY DIVERSION PROGRAM STANDARDS (REPEALED)

Part I
Introduction

Article 1
Definitions

6VAC15-50-10. Words and terms defined. (Repealed.)

The following words and terms when used in these standards shall have the following meaning unless the context clearly indicates otherwise:

"Behavioral contract" means a written agreement between the offender and the program containing at a minimum:

1. A provision that the offender shall not change residence without prior notification to the case manager;

2. The number of community service hours to be completed;

3. A provision for restitution, if applicable;

4. Behavioral or treatment goals, or both;

5. A provision for intensive supervision;

6. A statement that the offender shall remain in the program until released by the court; and

7. A signed statement by the offender, witnessed by program staff, agreeing to abide by the contract.

"Case file" means the information that shall be maintained in a central location on each offender, and which shall contain, at a minimum:

1. Pre-sentence or Post-Sentence report (PSI) for a felon offender, if available.

2. All diagnostic evaluation information purchased by or made available to the program.

3. Document of referral signed by the judge or clerk of court. This may not be applicable for misdemeanants.

4. Document of Diversion signed by the judge or clerk of court.

5. Behavioral contract.

6. Community Service Agreement.

7. Offender's current address, phone number (if available), date of birth, and social security number.

8. Offender contract summaries.

9. Documentation of services provided.

10. Documentation of termination.

"Case manager" means the person designated by the program director to perform intensive supervision of offenders, or to monitor offenders' compliance with the terms of behavioral contracts.

"Community Service Agreement" means a written agreement between the offender and the program staff, containing at a minimum:

1. Work site agency;

2. Work site supervisor;

3. Work site location;

4. Job duties;

5. Service hours required;

6. Time frame for completion.

"Eligibility criteria" means the minimum requirements which shall be met by an offender for the Community Corrections Resources Board to evaluate for diversion, to recommend diversion to the referring court, and for the offender to participate in a local community diversion program. The criteria shall contain, at a minimum:

1. Each offender shall have received a sentence to be incarcerated in a state or local adult correctional institution;

2. Each offender shall be nonviolent as determined by the Community Corrections Resources Board. The Community Corrections Resources Board shall define "nonviolent";

3. No offender shall have a demonstrated pattern of violence as determined by the Community Corrections Resources Board;

4. No offender shall have any outstanding criminal charges, detainers, or dispositions which would preclude eventual program participation;

5. Each offender shall be deemed suitable for program participation by the Community Corrections Resources Board's determination that an appropriate, rational behavioral contract can be developed.

"Intensive supervision for local offenders" means at least two face-to-face contacts each 30 days after the program staff is made aware of the diversion. These contacts shall be with the program director or the person he has designated in writing to monitor compliance with the terms of the behavioral contract. At least one of these contacts shall be made by appropriate program staff. The initial contact shall be made by appropriate program staff within seven days after the program staff is made aware of the diversion. Within 30 days after the program staff is made aware of the diversion, one of the contacts shall be made at the offender's home by appropriate program staff. Subsequent face-to-face home contacts shall be made within every 90-day period until termination; the offender's place of residence shall be verified monthly by program staff. Home contacts are not required for an offender living out-of-state, but verification of the offender's place of residence shall be documented monthly by program staff.

"Intensive supervision for state offenders" means at least one weekly, face-to-face contact with appropriate program staff to monitor compliance with the terms of the behavioral contract. The first weekly contact shall be made within seven days after the program staff is made aware of the diversion. During each calendar month, one of these contacts shall be made at the offender's home by appropriate program staff. The first home contact shall be made within 30 days after the program staff is made aware of the diversion.

"Local offender" means an individual who has been sentenced to a term which would result in incarceration in a local adult correctional institution.

"Program" means the plan or system of diversion services of a unit of government or of a public or private agency as outlined in §§ 53.1-180 through 53.1-185 of the Code of Virginia.

"Program contract" means the Community Corrections Contract between the Department of Corrections and the program that sets forth the terms and conditions for funding and program operation.

"Program staff" means any program administrator, program director, case manager, or clerical worker who is employed by, contracts with, or volunteers services to the program.

"State offender" means an individual who has been sentenced to a term which would result in incarceration in a state adult correctional institution.

Article 2
Legal Base

6VAC15-50-20. Authority for development of Community Diversion Program Standards. (Repealed.)

The Code of Virginia is the legal base for the development of Community Diversion Program Standards. Section 53.1-182 of the Code of Virginia directs the State Board of Corrections to prescribe standards for the development, operation, and evaluation of programs and services authorized by the Community Diversion Incentive Act (§ 53.1-180 et seq.).

Article 3
Administration

6VAC15-50-30. Effect on prior standards. (Repealed.)

The Community Diversion Program Standards, adopted by the Board of Corrections on May 7, 1989, are superseded effective July 1, 1991.

6VAC15-50-40. Application of standards. (Repealed.)

The primary responsibility for application of these standards shall be with the program administrator.

Part II
Program Administration and Management

Article 1
Community Corrections Resources Board

6VAC15-50-50. Community Corrections Resources Board. (Repealed.)

Each program shall have a Community Corrections Resources Board whose composition and duties shall be in compliance with the Community Diversion Incentive Act.

6VAC15-50-60. Adoption of bylaws; freedom of information. (Repealed.)

Each Community Corrections Resources Board shall adopt bylaws for the conduct of business in compliance with the Freedom of Information Act, §§ 2.1-340 through 2.1-346.1 of the Code of Virginia.

Article 2
Administrative Responsibility

6VAC15-50-70. Duties of program administrator. (Repealed.)

Each program shall have a program administrator who is an administrative officer of a unit of government or of a public or private agency and who is responsible for applying for Community Diversion Incentive Act funds, receiving these funds, administering these funds, and ensuring full implementation of the program contract.

6VAC15-50-80. Duties of program director. (Repealed.)

Each program shall also have a program director who is responsible for the overall daily administration of the program.

6VAC15-50-90. Scope and organization of authority. (Repealed.)

The program's lines of authority, including an organizational chart and written roles and responsibilities of the program staff and the Community Corrections Resources Board, shall be documented.

6VAC15-50-100. Orientation of members and staff. (Repealed.)

The program director shall provide Community Corrections Resources Board members and program staff with orientation as to their respective duties and responsibilities within 30 days of appointment or employment.

6VAC15-50-110. Recruitment, selection, training, supervision, and termination of volunteers. (Repealed.)

The Community Corrections Resources Board of each program utilizing volunteers or unpaid staff shall develop and implement written policies and procedures for the recruitment, selection, training, supervision and termination of those volunteers or unpaid staff.

6VAC15-50-120. Agreement as to roles and responsibilities. (Repealed.)

There shall be a written agreement between the program director and each volunteer or unpaid staff member that outlines the roles and responsibilities of the volunteer or unpaid staff member.

6VAC15-50-130. Required training. (Repealed.)

The program director and all full-time program staff, excluding clerical staff, employed by the program shall complete a minimum of 40 hours of Department of Corrections approved training annually. Part-time program staff and clerical staff shall complete a minimum of 20 hours of Department of Corrections approved training annually.

6VAC15-50-140. Bond. (Repealed.)

All program staff shall be bonded.

6VAC15-50-150. Reports. (Repealed.)

The program shall submit financial, offender, and program activity reports and data as required by the Department of Corrections.

Article 3
Policy and Procedure Manual

6VAC15-50-160. Policy and procedure manual. (Repealed.)

The Community Corrections Resources Board shall develop a written policy and procedure manual for program administration and operation.

6VAC15-50-170. Provision of manual to chief judges. (Repealed.)

The policy and procedure manual shall be provided to each chief judge of the judicial circuits and districts the program serves.

Part III
Fiscal Management

Article 1
Responsibility

6VAC15-50-180. Implementation of written policies and procedures. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures to approve and monitor program finances.

Article 2
Maintenance of Financial Records

6VAC15-50-190. Audit records. (Repealed.)

Audited financial records shall be maintained by the program director for at least three years. Unaudited financial records and completed audits shall be retained for the duration of the program and shall be made available to the Department of Corrections upon request.

Article 3
Operation Within a Budget

6VAC15-50-200. Budget. (Repealed.)

Each program shall operate within a Department of Corrections approved budget.

Part IV
Offender Participation in Program

Article 1
Eligibility

6VAC15-50-210. Offender eligibility criteria. (Repealed.)

The Community Corrections Resources Board shall establish written offender eligibility criteria which include, at a minimum, the Board of Corrections' Eligibility Criteria (see 6VAC15-50-10). These offender eligibility criteria shall be approved by the Department of Corrections.

6VAC15-50-220. Offender referral. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for offender referral.

6VAC15-50-230. Interaction with courts. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for providing the judge of the referring court the recommendations of the board on offenders.

Article 2
Evaluation

6VAC15-50-240. Offender evaluation. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for offender evaluation.

Article 3
Diversion

6VAC15-50-250. Offender diversion. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for offender diversion.

6VAC15-50-260. Offender participation. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for the development of an appropriate, rational behavioral contract for each offender participating in the program.

Article 4
Termination

6VAC15-50-270. Offender termination. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for offender termination.

6VAC15-50-280. Role, in offender termination, of sentencing court. (Repealed.)

The offender's termination shall be determined by the sentencing court.

Part V
Case Files

Article 1
Case File Maintenance

6VAC15-50-290. Offender case file. (Repealed.)

The program director shall maintain individual offender casefiles.

6VAC15-50-300. Protection of case files. (Repealed.)

Offender case files shall be secured to protect against loss, theft, or unauthorized use.

Article 2
Confidentiality of Offender Information

6VAC15-50-310. Confidentiality, dissemination, and maintenance of offender information. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures to govern the confidentiality, dissemination, and maintenance of offender information. These shall be in compliance with all applicable state and federal laws, including the Freedom of Information Act (§§ 2.1-340 through 2.1-346.1 of the Code of Virginia), the Privacy Protection Act (§§ 2.1-377 through 2.1-386 of the Code of Virginia), the Virginia Public Records Act (§§ 42.1-76 through 42.1-91, of the Code of Virginia), and § 19.2-389 of the Code of Virginia (Dissemination of Criminal History Record Information).

Part VI
Offender Management

Article 1
Intensive Supervision

6VAC15-50-320. Requirement of supervision. (Repealed.)

Intensive supervision shall be required for each diverted offender and documented in the case file.

6VAC15-50-330. Supervision in lieu of transfer. (Repealed.)

In lieu of a transfer, intensive supervision may be temporarily provided by another program's appropriate program staff if it is mutually agreed upon and the supervision is documented in the diverting program's case file.

6VAC15-50-340. Placement of an offender in a residential treatment facility. (Repealed.)

Placement of an offender in a residential treatment facility shall not satisfy the intensive supervision requirements while the offender is in residence at the facility. The residential treatment facility shall provide written monthly progress reports and a termination summary on the offender to the program.

6VAC15-50-350. Interruption of supervision. (Repealed.)

Intensive supervision requirements for an offender may be interrupted by the program director for a period not to exceed 15 days, under the following circumstances:

1. Inclement weather prevents supervision;

2. Court action has been requested for successful termination;

3. Excused absences for employment, training, vacation, military duty, medical emergencies, or family emergencies of the offender;

4. Offender incarcerated.

When intensive supervision is temporarily interrupted, such fact and circumstances shall be documented in the case file. Restoration of intensive supervision shall also be documented.

6VAC15-50-360. Interruption of supervision by the Department of Corrections; extraordinary circumstances. (Repealed.)

Intensive supervision requirements for an offender may be interrupted by the Department of Corrections under extraordinary circumstances for a period not to exceed 90 days. When the Department of Corrections interrupts the supervision requirements, such fact, circumstances, and documentation shall be included in the case file. Restoration of intensive supervision shall also be documented.

Article 2
Offender Monitoring

6VAC15-50-370. Monitoring compliance with behavioral contract. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for the monitoring of an offender's compliance with the terms of the behavioral contract.

6VAC15-50-380. Behavioral contract violations. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for major and minor behavioral contract violations as defined by the Community Corrections Resources Board.

Article 3
Transfer of Cases

6VAC15-50-390. Transfer of offenders to and from other programs. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures to allow for the transfer of offenders to and from other programs.

6VAC15-50-400. Retention of jurisdiction. (Repealed.)

The referring program director or Community Corrections Resources Board, or both, shall approve or deny the proposed transfer of an offender to another program and shall, along with the sentencing court, retain jurisdiction over the offender.

6VAC15-50-410. Notification of transfer. (Repealed.)

Prior to the transfer, the referring program director shall provide written notification to the chief probation and parole officer in the referring and receiving districts of the transfer of an offender under consecutive or concurrent probation supervision.

6VAC15-50-420. Approval of transfer. (Repealed.)

The receiving program director or the Community Corrections Resources Board, or both, shall approve the proposed transfer of an offender from a referring program, provided the offender meets the receiving program's eligibility criteria.

6VAC15-50-430. Treatment and supervision costs of transfer. (Repealed.)

The referring program director shall be responsible for all treatment and supervision costs of an offender who is transferred to another program.

6VAC15-50-440. Documentation of supervision by referring program director. (Repealed.)

The referring program director shall document that intensive supervision is being provided to an offender who may be transferred until the transfer process is completed.

6VAC15-50-450. Duties of receiving program director. (Repealed.)

The receiving program director shall provide intensive supervision and monitor compliance with the terms of the referring program's behavioral contract of the transferred offender, and shall provide written monthly progress reports documenting such supervision and monitoring to the referring program director.

6VAC15-50-460. Respective roles of referring and receiving program directors. (Repealed.)

The referring program director shall document that the receiving program director is providing intensive supervision and is monitoring the transferred offender's compliance with the terms of the behavioral contract.

6VAC15-50-470. Maintenance of case file of transferee. (Repealed.)

The referring program director shall maintain a case file on an offender transferred to another program.

6VAC15-50-480. Return of transferee for noncompliance. (Repealed.)

The receiving program director may return the transferred offender to the referring program director for noncompliance or a change in offender circumstances, provided the receiving program director documents such noncompliance or change in circumstances and communicates such information to the referring program director with at least 10 days notice prior to the return.

6VAC15-50-490. Completion of behavior contract; notification of referring program director. (Repealed.)

The receiving program director shall notify the referring program director of the completion of the transferred offender's behavioral contract, with the request that the referring program director recommend termination by the diverting court.

6VAC15-50-500. Notification of court; termination. (Repealed.)

The referring program director shall notify the diverting court of the successful or unsuccessful completion of a transferred offender and, after termination by the diverting court, shall close the offender's case according to local procedures.

6VAC15-50-510. Continuing supervision by receiving program director. (Repealed.)

The receiving program director shall continue to provide intensive supervision until the offender's case is terminated by the diverting court or the offender is returned to the referring program.

6VAC15-50-520. Maintenance of transferee case file by receiving program. (Repealed.)

The receiving program shall maintain a case file on each offender transferred to the program.

Article 4
Restitution

6VAC15-50-530. Victim restitution. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for victim restitution.

Article 5
Community Service

6VAC15-50-540. Community service. (Repealed.)

Community service shall be required of each offender participating in the program.

6VAC15-50-550. Development and implementation of policies and procedures for community service. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures for community service. Such service shall be unpaid and performed at public or private nonprofit agencies.

6VAC15-50-560. Assignment of community service hours. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures to ensure equitable and consistent assignment of community service hours.

6VAC15-50-570. Range of community service hours. (Repealed.)

The Community Corrections Resources Board shall establish a standard range of community service hours.

6VAC15-50-580. On-site supervision. (Repealed.)

Documented on-site supervision of each offender performing community service shall be provided by a work site supervisor. Work site supervision shall be at no cost to the program.

Part VII
Offender Services

Article 1
Establishment of Services and Service Providers

6VAC15-50-590. Assessment of the offenders' needs and community resources. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures to establish services for offenders based on an assessment of the offenders' needs and community resources.

6VAC15-50-600. Recruitment, screening, and selection of service providers. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures to recruit, screen, and select service providers.

Article 2
Purchases of Services

6VAC15-50-610. Purchase of offender services. (Repealed.)

The Community Corrections Resources Board shall develop and implement written policies and procedures to monitor the purchase of offender services.

6VAC15-50-620. Financial allowances. (Repealed.)

The program director may only purchase services on behalf of the offender; no direct financial allowances are to be made to an offender.

6VAC15-50-630. Contracts with service providers. (Repealed.)

Routine offender services, including evaluations, shall be purchased through written formal contracts or agreements with service providers.

6VAC15-50-640. Emergency use of offender service funds. (Repealed.)

Offender service funds may be used for the purchase of emergency services for food, clothing, housing, medical services and transportation. Food or housing services shall continue for no longer than 31 days. Emergency services shall not be a regular stipend or support for the offender.

Article 3
Residential Services

6VAC15-50-650. Facility compliance with state and local health and fire regulations. (Repealed.)

The program director shall document that the facilities in which offenders are placed for residential treatment are in compliance with applicable state and local health and fire regulations.