CHAPTER 62
STANDARDS FOR STATE COMMUNITY CORRECTIONS UNITS (REPEALED)

6VAC15-62-10. Definitions. (Repealed.)

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Arrest authority (PB-15)" means a written statement or document issued by the probation and parole officer for the arrest and detention of a delinquent offender.

"Assessment" means the process that identifies the risk level and criminogenic needs of the offender; information obtained during the assessment should be used in creating the supervision plan.

"Case record" means a confidential written record regarding an offender that includes documentation of actions that have occurred.

"Community correctional facilities" means diversion centers and detention centers.

"Conditions of supervision" means a document that details the rules an offender must abide by in order to successfully complete supervision.

"Early release" means release prior to the specified term of supervision.

"Evidence-based practices (EBP)" means the policies, protocols, practices, programs and services that have been demonstrated to be effective in reducing risks of re-offending.

"Field staff" means those professionals assigned case responsibility for investigation, control, supervision and provision of program services to offenders.

"Fraternization" means the act of or giving the appearance of association with offenders or their family members that extends to unacceptable, unprofessional and prohibited behavior.

"Grievance process" means methodology that affords a means to address complaints with administration or supervision.

"Incentives" means approved responses to positive behaviors.

"Manual" means a written compilation of operating procedures and guidelines.

"Offender" means any person placed under the supervision of the Virginia Department of Corrections.

"Plan of supervision" or "supervision plan" means the goals and objectives of supervision that should be jointly developed between the offender and supervising staff and outlines the requirements for offenders while on supervision, identifies offender goals, and outlines the activities necessary to achieve those goals; the officer's surveillance, verification, referral and monitoring responsibilities are defined in conjunction with each offender goal.

"Presentence report" means a criminal and social history of an offender prepared prior to the sentencing event.

"Professional staff" and "professional specialists" mean probation and parole officers, surveillance officers, substance abuse counselors and other staff assigned to offender cases. These individuals generally possess bachelor's degrees and advanced training in the social or behavioral sciences.

"Program" means any organized set of services designated to affect thinking and behavior or teach knowledge or skills.

"Risk" means the factors that influence or predict criminal behavior.

"Sanctions" means approved responses to negative behavior.

"Screening" means the preliminary process used to identify a potential problem area or areas that may require a specialized assessment.

"Unit head" means the individual who has overall responsibility for the operation of a program or facility, including the application of state funds provided for that purpose.

"Violation" means an action or inaction by an offender that is contrary to the conditions of supervision and is considered technical when it does not involve the commission of a new offense.

"Volunteer" means an individual who provides services without compensation.

6VAC15-62-20. Legal standard. (Repealed.)

Nothing contained in these standards shall be construed as setting a legal standard for the management or operation of any facility for purposes of litigation by offenders.

6VAC15-62-30. Responsibility; enforcement. (Repealed.)

A. The unit head shall be responsible for ensuring that the requirements described in these standards are implemented.

B. These standards shall be enforced through the Board of Corrections regulation 6VAC15-20, Regulations Governing Certification and Inspection.

6VAC15-62-40. Applicability. (Repealed.)

A. These standards shall apply to Department of Corrections Community Corrections Probation and Parole Districts.

B. These standards shall not apply to Department of Corrections State Community Corrections facilities. Standards for State Community Corrections facilities shall be regulated by the American Correctional Association performance-based standards for Adult Community Residential Services.

6VAC15-62-50. Organization and administration. (Repealed.)

A. Probation and parole districts are located in areas with community input that are optimally accessible to offenders' places of residence and employment, to transportation networks, and to other community agencies.

B. Written policy, procedure and practice provide that requests from federal, state, and local legislative and executive bodies for information concerning programs and specific cases are responded to promptly and fully by district staff in accordance with provisions relevant to the right to privacy.

C. There is a written description and organizational chart that reflects the current structure of authority, responsibility, and accountability within the district. These documents are reviewed at least annually and are updated as needed.

D. Written policy, procedure, and practice provide for the participation of all employees in staff meetings related to their respective duties. Such meetings are to be conducted at least every other month.

E. There is general personnel policy information that includes but is not limited to the following subjects. Access to this information is available to each employee. Access to individual personnel records and employee evaluations is limited to the affected employee and other properly authorized persons:

1. Organizational chart

2. Recruitment procedures

3. Equal employment opportunity provisions

4. Job qualification, descriptions and responsibilities

5. Basis for determining salaries

6. Benefits, holidays, leave and work hours

7. Personnel records

8. Employee evaluation

9. Staff development, including in-service training

10. Promotion

11. Physical fitness policy

12. Retirement, resignation and termination

13. Statutes related to political activities

14. Employee-management relations, including harassment

15. Fraternization

16. Disciplinary procedures

17. Grievance procedures

18. Insurance and professional liability requirements

F. A unit manual, including policies, procedures, rules and regulations of the district is developed and maintained by the unit head. The manual is reviewed annually, updated as procedures change, and is available to all staff.

G. Written policy, procedure and practice provide that new or revised policies and procedures are disseminated to designated staff and volunteers and, when appropriate, to probationers and parolees prior to implementation.

H. Written policy, procedure and practice provide that consultants, contract personnel, volunteers and interns who work with clients are informed in writing about the unit's policies on confidentiality of information and agree to abide by them.

I. Written policy, procedure and practice govern the dissemination of case information to the public and addresses confidentiality requirements and the designation of who provides such information.

J. Written policy procedure and practice provide for the investigation of citizen complaints about the district.

K. The district provides the clerical support needed to accomplish its stated goals.

L. Written policy, procedure and practice exist to ensure that the privacy of offenders and other parties will be maintained during all research.

M. The district's statement of purpose affirms that the supervision program is to provide necessary services to the offender with the goal of reducing the probability of continued criminal behavior on the part of the offender.

6VAC15-62-60. Personnel. (Repealed.)

A. Written policy, procedure and practice provide a mechanism to process requests for reasonable accommodation to the known physical or mental impairments of a qualified applicant or employee with a disability. The accommodation need not be granted if it would impose an undue hardship or direct threat.

B. An entry-level probation and parole officer possesses a minimum of a bachelor's degree or has completed a career development program that includes work-related experience, training, or college credits providing a level of achievement equivalent to a bachelor's degree.

C. The unit head maintains a current, accurate, confidential and secure personnel record on each employee. Information obtained as part of a required medical examination (or inquiry) regarding the medical condition or history of applicants and employees is collected and maintained on separate forms in separate medical files and treated as confidential medical records.

D. A thorough background investigation will be conducted to include immigration status, criminal record and DMV check on all new or prospective employees, contract personnel, interns and volunteers to ascertain whether there may be criminal convictions that would affect job performance or delivery of services.

E. A written annual performance review of all employees is conducted that is based on defined criteria and is reviewed and discussed with the employee.

F. The unit head makes available to all employees a written code of ethics that prohibits employees from using their official positions to secure privileges for themselves or others and from engaging in activities that constitute conflict of interest.

G. Written policy prohibits personnel from accepting any gift or gratuity from an offender or an offender's immediate family or from engaging in personal business transactions with the offender or the offender's immediate family.

H. Written policy, procedure and practice encourage and provide for employees to continue their education.

I. The district encourages employees to attend professional meetings, seminars, and similar work-related activities, and provides administrative leave and/or reimburses employees for expenses connected with these activities.

J. A full-time supervisor does not supervise more than 12 field staff members.

K. Field staff who have caseloads will report to a supervisor who is trained in the supervisory function to provide ongoing reviews of field supervision and staff compliance with policies and procedures.

L. Written policy, procedure and practice permit employees to challenge information in their personnel file and have it corrected or removed if it is proven inaccurate.

6VAC15-62-70. Citizen and volunteer involvement. (Repealed.)

A. Written policy, procedure and practice for volunteer citizen involvement include a system of selecting, training, deciding on the term of service, terminating service, and defining tasks, responsibilities and authority of volunteers.

B. Written policy, procedure and practice specify the lines of authority, responsibility, and accountability for the program's citizen involvement and volunteer services program.

C. Written policy, procedure and practice call for the recruitment of volunteers from all cultural and socioeconomic segments of the community.

D. Written policy, procedure and practice specify that volunteers may perform professional services only when certified or licensed to do so.

E. Written policy, procedure and practice specify that volunteers agree in writing to abide by all agency policies, particularly those relating to the security and confidentiality of information.

6VAC15-62-80. Training and staff development. (Repealed.)

A. All new full-time employees shall receive 40 hours of orientation training within the first 90 days of employment. Orientation training includes a minimum of the following: orientation to the purpose, goals, policies, and procedures of the district and parent agency; working conditions and regulations; employees' rights and responsibilities; and an overview of the correctional field. Depending on the employee and the particular job requirements, orientation training may include preparatory instruction related to the particular job.

B. All administrative and professional staff shall receive 40 hours of training each year after their first year of employment.

C. All professional specialist employees shall receive 20 hours of training in their specialty in addition to orientation training during their first year of employment and 20 hours of training each year thereafter.

D. All part-time employees working less then 35 hours per week shall receive orientation within the first 90 days of employment and additional training appropriate to their assignment.

E. Written policy, procedure and practice govern the issuance of authorization to carry a firearm or other weapon. This includes the requirements for a medical or physical evaluation, psychological examination, drug and alcohol screening, and completion of an approved firearms training course.

F. If firearms are used by any employee of the agency, written policy, procedure and practice govern the use of the firearm including the following:

1. Weapons are subjected to stringent safety regulations and inspections.

2. Employees to whom firearms are issued follow procedures that specify methods for ensuring the security of weapons.

3. Employees are instructed to use deadly force only after other actions have been tried and found ineffective unless the employee believes that a person's life is in immediately threatened.

4. In the performance of their duty, employees use only firearms approved by the parent agency and use them only when directed by or authorized by the director or supervisor in charge.

5. Employees are instructed as to how and under what circumstances they are allowed to carry firearms.

G. If firearms are used by any staff member, written policy, procedure and practice provide the following:

1. Prior to assignment to a position involving possible use of a firearm, all personnel authorized to use firearms receive appropriate firearm training; this training covers the use, safety, care and constraints involved in the use of firearms; and

2. All authorized personnel are required to demonstrate competency in the use of firearms at least annually.

H. Written policy, procedure and practice provide that a supervisor may revoke the authorization to carry a firearm and to seize and secure a weapon when reasonable cause exists, followed by an administrative review.

I. Written policy, procedure and practice require that officers notify the district of physical and pharmacological conditions that could affect their ability to perform their duties to carry a firearm or other weapon safely.

J. Written policy, procedure and practice provide that where officers are authorized to carry firearms and other weapons in the performance of their duties, the policy specifies those situations where agency personnel may carry and use these weapons.

6VAC15-62-90. Fiscal management. (Repealed.)

A. The unit head is responsible for controlling the budget, including authorizing purchases, tracking expenditures, and monitoring receipt of goods and services.

B. Collection of moneys will be done in accordance with Chapter 48 (§ 2.2-4800 et seq.) of Title 2.2 of the Code of Virginia and Department of Corrections accounting procedures.

C. Funds are available for purchasing community services to assist offenders and to supplement existing programs.

6VAC15-62-100. Case records. (Repealed.)

Written policy, procedure and practice govern case record management and includes, but is not limited to, the privacy, security, preservation and a schedule for retiring or destroying inactive case records. These policies and procedures are reviewed annually.

6VAC15-62-110. Supervision. (Repealed.)

A. Where statute authorizes arrest authority for probation and parole officers, written policy, procedure and practice define the scope of these powers.

B. Written policy, procedure and practice provide that a pre-arrest briefing shall be conducted prior to a planned arrest with all staff and other law-enforcement agencies participating in the action.

C. Written policy, procedure and practice provide procedures for probation and parole officers to transport offenders.

D. Written policy, procedure and practice govern critical incident protocol.

E. Written policy, procedure and practice govern classification and supervision of offenders in order to safeguard the community and meet the program needs of the offender. Offenders should be placed in the appropriate supervision level after the initial interview as required; such level to be determined by an approved risk assessment tool and process. Reclassification should occur at six-month evaluation periods or where warranted and be recorded and justified in the chronological record.

F. Written policy, procedure and practice provide for the field officer and offender to jointly develop and follow up on a written supervision plan that includes:

1. Specific supervision objectives (including the safeguarding of the community and meeting the program needs of the offender and methods to achieve the objectives.

2. An initial assessment of each offender (and all subsequent reassessments) using a standardized and validated assessment tool.

3. Specific criteria for determining and changing an offenders supervision plan.

4. Regular reviews of the offender's progress with an individual supervision plan.

5. Appropriate programs and services and proportionate incentives and sanctions.

6. Adjustments to the individual plan made based on the reassessment and in accordance with the offenders performance in the community.

Any review results are recorded in the case file and communicated with the offender.

A review and update of the offender's plan, as needed, is performed at least annually.

G. The probation/parole district staff may request the court or the paroling authority to add, remove or modify any of the special conditions, including early termination of supervision, where indicated.

H. The conditions of probation/parole are furnished in writing to the offender. When a problem prevents an offender from understanding conditions of supervision, a field officer or other person should assist the offender in understanding them. The offender acknowledges in writing that he has received and understands the conditions or there is certification to that effect.

I. Written policy procedure and practice provide that access to supervision staff is available 24 hours a day. Offenders should be made aware that 24-hour access is available and informed of methods for obtaining access.

J. Written policy, procedure and practice provide that the security of the offender's file and file material is maintained.

K. Written policy, procedure and practice preclude offenders from being confronted with possible probation/parole violations for failure to meet financial obligations other than those that are conditions of probation/parole.

L. Written policy, procedure and practice provide for reviews of offender progress with recommendation of early termination of supervision where indicated. The results of such reviews are recorded in the case file.

M. Male and female offenders under supervision have equal access to all agency programs and activities.

N. Written policy, procedure and practice define, in accordance with the courts or parole authority, the types of minor violation that can be resolved by field staff.

O. Written policy, procedure and practice require that all alleged probation/parole violations be reviewed by the probation and parole officer with the supervisor prior to formal violation proceedings.

P. Written policy, procedure and practice provide that all arrests and alleged probation/parole violations are investigated immediately; all serious arrests and major probation/parole violations are reported promptly in writing to the proper authority. A serious incident report will be sent to the regional director and the deputy director as required by directives and procedures.

Q. Written policy, procedure and practice require that a probable cause hearing be held within 14 calendar days upon notification of the arrest and detention of the parolee or the lodging of the detention warrant. However, when there has been a conviction or a finding of probable cause on new criminal charges, the preliminary hearing is not required.

R. The probable cause hearing is held in or near the community where the violation is alleged to have occurred or where the offender has been taken into custody whenever possible.

S. Written policy, procedure and practice provide that the probable cause hearing may be delayed or postponed for good cause and the parolee may waive the hearing if first informed of his rights pertaining to the hearing and the consequences of waiving the hearing.

T. When requested by the revoking authority, a member of the administrative staff conducts a probable cause hearing and makes findings as to probable cause for revocation.

U. Written policy, procedure and practice require that the probable cause hearing is conducted by an administrative staff member who has no knowledge of the alleged violations.

V. Written policy, procedure and practice require that at least three days prior to the probable cause hearing, the parolee is notified in writing of the time and place of the hearing and of the specific violation or violations charged. The parolee is also advised in writing of the right to:

1. Present evidence and favorable witnesses.

2. Disclosure of evidence.

3. Confront adverse witnesses, unless the witnesses would be subjected to a risk of harm.

4. Have counsel of choice present or, in the case of indigent persons who request assistance to adequately present their case, may have counsel appointed.

5. Request postponement of the hearing for good cause.

W. Written policy, procedure and practice specify that the person who conducts the probable cause hearing determines whether there is probable cause to revoke parole and hold the offender for a revocation hearing before the revoking authority. The revoking authority may empower the hearing officer to defer the revocation recommendation, restore the offender to supervision, and employ available sanctions or report the findings and recommendation to the authority for a decision as to revocation. The hearing officer issues a verbal decision or recommendation immediately after the hearing and provides a written decision to the offender within 21 calendar days of the hearing.

X. Written policy, procedure and practice specify that the parolee is recommended for incarceration only when probable cause is found at the probable cause hearing and when it is determined, after considering the appropriateness of less severe sanctions, that the clear interest of the public requires incarceration.

Y. When violations occur, alternatives to revocation and incarceration are considered to the extent that public safety is not endangered and the possibility of successful community adjustment exists.

Z. Written policy, procedure and practice govern, in conformance with prevailing law, cooperation with law-enforcement agencies in efforts to apprehend offenders known to be or suspected of being involved in criminal activities.

AA. Written policy, procedure and practice specify the types of actions required to locate and recover absconders.

BB. Written policy, procedure and practice govern the exercise of authority for the arrest and detention of offenders pending a determination by the revoking authority as to whether probation/parole should be revoked.

CC. The authority for the arrest and detention of offenders is exercised only upon adequate evidence of a probable serious violation or repeated pattern of violation of conditions and a compelling need for detention pending the revoking authoritys initial revocation decision.

DD. Written policy, procedure and practice provide for the use of physical force only in instances of justifiable self-defense and protection of others and in accordance with appropriate statutory authority. Only the minimum force necessary is employed.

EE. All incidents involving use of physical force are reported full, promptly and in writing to administrative staff for their information and review. All injuries are reported in writing and treated promptly.

FF. Special supervision reports are prepared whenever an unusual situation involving the offender occurs.

GG. Written policy, procedure and practice require that all offenders are informed of the grievance process available to them at the time of the initial interview.

HH. Written policy, procedure and practice govern the transfer, acceptance, rejection, or termination of interest in cases to and from other jurisdictions in accordance with the Rules effective January 1, 2008, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

II. Written policy, procedure and practice provide that probationers and parolees will sign all current Interstate Compact forms found on the interstate website (www.interstatecompact.org) that are necessary for movement and acceptance in the receiving state. The receiving district has 30 days from receipt of the request to conduct the investigation and provide a response.

JJ. Written policy, procedure and practice provide that the receiving state shall assume supervision standards and services that prevail for its own probationers and parolees, as well as for the sending states. The duration of supervision will be determined by the sending state and by court order. The degree of supervision shall be determined by the receiving state.

KK. Written policy, procedure and practice provide that required reports be submitted annually, upon case closure or upon request per the Rules effective January 1, 2008, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

LL. Written policy, procedure and practice provide that the receiving state shall be notified of any significant violations of parole and probation within 30 days per the Rules effective January 1, 2008, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.

MM. Written policy, procedure and practice provide that preliminary on-site hearings will be conducted under the rules of the receiving state following due process as required by law.

NN. Written policy, procedure and practice provide that the initial personal contact between the newly released offender and the field staff takes place as soon as possible, but not more than 10 working days after the offender's release to supervision unless otherwise agreed upon prior to release.

OO. Parole violation reports are submitted within five working days after the hearing.

PP. The probation and parole staff provides assistance and services to ex-offenders who request such help consistent with the provisions of subdivision 3 of § 53.1-145 of the Code of Virginia and applicable procedures.

QQ. The district cooperates in providing information on the legitimacy of transition visits.

6VAC15-62-120. Investigations. (Repealed.)

A. Written policy, procedure and practice specify that the primary purpose of the presentence report is to provide the sentencing court with timely, relevant, and accurate data so that it may select the most appropriate sentencing alternative and correctional disposition; subject to this primary purpose, the report is prepared in a manner to serve the needs of any correctional institution or field agency that may receive the offender.

B. Written policy, procedure and practice provide for interviewing the victim when appropriate or possible. The information obtained is contained in the presentence report.

C. Written policy, procedure and practice permit the use of staff other than probation and parole officers to collect information during the presentence investigation.

D. The presentence report is submitted to the court for review and evaluation a minimum of five calendar days in advance of the date set for sentencing.

E. All presentence reports and recommendations are subject to review by a supervisor or their designee prior to submission to the court.

F. Written policy, procedure and practice protect the confidentiality of presentence reports and case records.

FORMS (6VAC15-62) (Repealed.)

Incident Report Form, rev. 2/08.

DOCUMENTS INCORPORATED BY REFERENCE (6VAC15-62) (Repealed.)

Interstate Compact for Adult Offender Supervision Rules, effective January 1, 2008, adopted by the Interstate Compact for Adult Offender Supervision pursuant to Articles V and VIII of the Interstate Compact for Adult Offender Supervision.