                                 CODE OF VIRGINIA

DECERTIFICATION OF LAW-ENFORCEMENT OFFICERS AND JAIL OFFICERS (§ 15.2-1707)

A. The sheriff, chief of police, or agency administrator or their designee shall
notify the Criminal Justice Services Board (the Board) in writing within 48
hours of becoming aware that any certified law-enforcement or jail officer
currently employed by his agency has (i) been convicted of or pled guilty or no
contest to a felony or any offense that would be a felony if committed in the
Commonwealth; (ii) been convicted of or pled guilty or no contest to a Class 1
misdemeanor involving moral turpitude or any offense that would be any
misdemeanor involving moral turpitude, including but not limited to petit
larceny under &#xA7; 18.2-96, or any offense involving moral turpitude that
would be a misdemeanor if committed in the Commonwealth; (iii) been convicted of
or pled guilty or no contest to any misdemeanor sex offense in the Commonwealth,
another state, or the United States, including but not limited to sexual battery
under &#xA7; 18.2-67.4 or consensual sexual intercourse with a minor 15 years of
age or older under clause (ii) of &#xA7; 18.2-371; (iv) been convicted of or
pled guilty or no contest to domestic assault under &#xA7; 18.2-57.2 or any
offense that would be domestic assault under the laws of another state or the
United States; (v) failed to comply with or maintain compliance with mandated
training requirements; or (vi) refused to submit to a drug screening or has
produced a positive result on a drug screening reported to the employing agency,
where the positive result cannot be explained to the agency
administrator&#8217;s satisfaction.

B. The sheriff, chief of police, or agency administrator or their designee shall
notify the Board in writing if any certified law-enforcement or jail officer
currently employed by his agency (i) is terminated or resigns in advance of
being convicted or found guilty of an offense set forth in clause (i) of
subsection A that requires decertification, (ii) is terminated or resigns in
advance of a pending drug screening, (iii) is terminated or resigns for a
violation of state or federal law, including those instances when a prosecution
for a violation of state or federal law is terminated as a result of such
law-enforcement or jail officer resigning from his position, (iv) is terminated
or resigns for engaging in serious misconduct as defined in statewide
professional standards of conduct adopted by the Board, (v) is terminated or
resigns while such officer is the subject of a pending internal investigation
involving serious misconduct as defined in statewide professional standards of
conduct adopted by the Board, (vi) is terminated or resigns for an act committed
while in the performance of or in relation to his duties that compromises an
officer&#8217;s credibility, integrity, or honesty, or (vii) is terminated or
resigns for an act committed while in the performance of his duties that
constitutes exculpatory or impeachment evidence in a criminal case. Such
notification shall be given within 48 hours of a termination or resignation
pursuant to clause (i), (ii), or (iii) or within 48 hours of the completion of
an internal investigation for a termination or resignation pursuant to clauses
(iv) through (vii).

C. Persons currently in a recruit or field training status who have not
completed all certification requirements, pursuant to &#xA7; 15.2-1705, and who
have committed an act that would be any basis for decertification as set forth
in subsection A or B shall be considered ineligible for certification and shall
be considered decertified. The employing agency of such person shall notify the
Board in accordance with subsection A or B.

D. The notification, where appropriate, shall be accompanied by a copy of the
judgment of conviction.

E. Upon receiving such notice from the sheriff, chief of police, or agency
administrator or their designee, or from an attorney for the Commonwealth, the
Board shall immediately decertify such law-enforcement or jail officer. Such
officer shall not have the right to serve as a law-enforcement, jail, courthouse
security, or civil process officer within the Commonwealth until his
certification has been reinstated by the Board pursuant to subsection E of
&#xA7; 15.2-1708 or through the decertification review process in accordance
with &#xA7; 15.2-1708.

F. The Department of Criminal Justice Services is hereby authorized to waive the
requirements for decertification as set out in subsection A or B for good cause
shown.

G. The Board may decertify a current or former law-enforcement or jail officer
if the Board has found that any basis for the officer&#8217;s decertification
set forth in subsection A or B exists. Such officer shall not have the right to
serve as a law-enforcement, jail, courthouse security, or civil process officer
within the Commonwealth until his certification has been reinstated by the Board
pursuant to subsection E of &#xA7; 15.2-1708 or through the decertification
review process in accordance with &#xA7; 15.2-1708.

HISTORY: 1994, cc. 850, 905, § 15.1-131.8:2; 1995, c. 112; 1997, c. 587; 2013,
cc. 307, 468; 2017, c. 496; 2020, Sp. Sess. I, cc. 27, 37; 2024, c. 494.