                                 CODE OF VIRGINIA

CONDUCT OF INVESTIGATION; NOTICE OF CHARGES (§ 9.1-509)

A. Whenever an investigation focuses on matters that could lead to the
dismissal, demotion, suspension, or transfer for punitive reasons of a
correctional officer:

   1. Any questioning shall take place at a reasonable time and place, preferably
   when the correctional officer under investigation is on duty; and

   2. Prior to the questioning of the correctional officer, he shall be informed
   of (i) the name and job title of the investigator, (ii) the name and job title
   of any other individual to be present during the questioning, and (iii) the
   nature of the investigation.

B. After questioning pursuant to subsection A but before any dismissal,
demotion, suspension, or transfer for punitive reasons may be imposed, the
following rights shall be afforded:

   1. The correctional officer shall be notified in writing of all charges, the
   basis therefor, and the action that may be taken;

   2. The correctional officer shall be given an opportunity, within a reasonable
   time limit after the date of receipt of the written notice required by
   subdivision 1, to respond orally and in writing to the charges. The time limit
   shall be determined by the Department of Corrections, but in no event shall it
   be less than three calendar days unless agreed to by the correctional officer;
   and

   3. In making his response, the correctional officer may be assisted by counsel
   at his own expense or by a representative.

C. The correctional officer shall also be given written notification of his
right to initiate a grievance under the grievance procedure established by the
Department of Human Resource Management or his right to request a hearing under
this chapter. A copy of the grievance procedure, as well as instructions on how
to proceed to a hearing under this chapter, shall be provided to the
correctional officer upon his request.

D. No provision of this section shall apply to any person conducting a criminal
investigation or to any correctional officer under investigation for criminal
conduct.

HISTORY: 2018, cc. 761, 762.