Compliance Analysis Overview

Comprehensive Community Corrections Act & Pretrial Services Act

Local Community-Based Probation and Pretrial Services Guidelines and Application Procedures State Fiscal Year 2023

Application Due Date Friday, April 1, 2022, 5:00 p.m.

Virginia Department of Criminal Justice Services 1100 Bank Street, Richmond, VA 23219 www.dcjs.virginia.gov

Issued February 15, 2022CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures Table of Contents

I.

Introduction ............................................................................................................................ 3 II. Eligibility ................................................................................................................................ 3 III. Grant Technical Assistance .................................................................................................... 3 IV. Grant Application Deadline .................................................................................................... 4 V. Amount Available .................................................................................................................. 4 VI. Grant Period ............................................................................................................................ 4 VII. Match Requirement ................................................................................................................ 5 VIII. Application Review Process .................................................................................................. 5 IX. Restrictions ............................................................................................................................. 5 X. Availability of Continuation Funding .................................................................................... 7 XI. Application Requirements ...................................................................................................... 7 XII. Application Instructions ......................................................................................................... 8 XIII. Grant Reporting Requirements ............................................................................................ 16 XIV. How and Where to Submit Application ............................................................................... 16 2 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures I. Introduction The Virginia Department of Criminal Justice Services (DCJS) is accepting applications for Fiscal Year 2023 from local units of government currently funded for the Comprehensive Community Corrections Act for Local-Responsible Offenders (CCCA) and the Pretrial Services Act (PSA).

This grant is specifically to support local community-based probation and pretrial services agencies established and operating under the authority of the CCCA, as specified in §§ 9.1-173 et seq. of the Code of Virginia, and/or the PSA as specified in §§ 19.2-152.2 et seq. of the Code of Virginia. Sentencing to local community-based probation authorized by the CCCA is to be done in accordance with §19.2-303.3 and statutes authorizing deferred proceedings of the Code of Virginia.

II. Eligibility Only county or city governments currently receiving DCJS grants for CCCA/PSA funds are eligible to receive continuation funding. For multi-jurisdictional efforts, one of the participating localities must submit the grant application on behalf of all participating jurisdictions and must assume responsibility for grant administrative and financial matters by serving as the Administrative and Fiscal Agent. Private non-profit organizations may receive grant funds only through contracts with local governments for local community-based probation services. Private organizations may not provide local probation or pretrial services unless they were doing so on or before July 1, 1995.

The grantee for this grant program funding is the City or County. The County Administrator, County Executive, or City Manager must serve as the Project Administrator. For multi-jurisdictional efforts, the County Administrator or City Manager of the locality serving as the Administrative and Fiscal Agent must serve as the Project Administrator. The applicant locality is responsible for ensuring that the use of funds are in accordance with grant requirements and local and state procurement regulations.

III. Grant Technical Assistance For technical assistance with preparing and submitting a grant application, refer to the table below for the DCJS staff person responsible for monitoring your grant. 3 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures Ken Rose (804) 225-4329 kenneth.rose@dcjs.virginia.gov Tisha Skinner (804) 807-1202 tisha.skinner@dcjs.virginia.gov Alexandria Accomack Chesapeake Arlington Albemarle Gloucester Fairfax County Chesterfield Greensville Fauquier Culpeper Hampton Frederick Fredericksburg James City County Loudoun Halifax Mecklenburg Lynchburg Hanover Norfolk Pulaski Henrico Petersburg Rockingham Prince Edward Portsmouth Salem Prince George Suffolk Staunton Prince William Virginia Beach Tazewell Richmond City Westmoreland Wise

IV. Grant Application Deadline Paula Harpster (804) 786-1140 paula.harpster@dcjs.virginia.gov Submit applications through the new DCJS Online Grants Management System (OGMS) no later than 5:00 p.m. on Friday, April 1, 2022. Early submissions are encouraged. The OGMS link is https://ogms.dcjs.virginia.gov/index.do.

DCJS will not consider applications received after the deadline unless there are documented technical issues with the submission in the OGMS system.

V. Amount Available Applicants may request the same amount for FY2023 as awarded in FY2022 to include the salary increase amount. If the General Assembly and Governor approve an Appropriations Act with a change in state funding, DCJS will notify applicants and provide additional guidance. Any significant budget adjustments from prior year grants must be justified in the grant application.

VI. Grant Period The grant period is for state Fiscal Year 2023 (July 1, 2022–June 30, 2023). 4 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures VII. Match Requirement DCJS does not require the applicant to provide funds in addition to the grant award, unless specified in the Appropriations Act language. Only Wise and Albemarle Counties have match requirements in the current Appropriations Act. Localities are encouraged to provide additional funds to support or offset the cost of implementing and operating programs established under the CCCA/PSA. Match funds (local funds, supervision fees, and in-kind) are required to be included in the grant application budget in OGMS.

VIII. Application Review Process DCJS will review the quality and thoroughness of the applications. DCJS will consider the following factors in reviewing grant applications: current and past performance, project progress and implementation, adherence to grant guidelines and conditions, compliance with local community-based probation and/or pretrial services minimum standards, up-to-date local standard operating procedures (SOPs), whether all reporting requirements are current, and compliance with grant financial and progress reporting requirements.

Current recipients of funding through this grant will not be considered for continuation funding if, as of the continuation application due date, any of the required Financial or Progress Reports for the current grant are more than 30 days overdue. For good cause submitted in writing by the grant recipient, DCJS may waive this provision.

The Grants Committee of the Criminal Justice Services Board (CJSB) will review the request for level funding for each CCCA/PSA agency at the March 3, 2022 meeting. The Grants Committee will then make funding recommendations to the full CJSB. The CJSB will make conditional grant award decisions, pending grant monitor review and approval of grant applications, at its meeting on March 17, 2022.

DCJS will issue grant awards based on the conditional approval of the CJSB and final approval of applications by the grant monitor via the Online Grants Management System (OGMS). Fiscal and programmatic revisions may be required as a condition of funding and negotiated in the OGMS prior to the grant award.

IX. Restrictions A. CCCA/PSA grant recipients may not use these grant funds to:

1. Pay for any staff not designated for CCCA/PSA operations, and may not be used to pay for any portion of salary for the time not dedicated to CCCA/PSA programming and operations. For example, if a director or staff person’s time is split between the CCCA/PSA grant operations and another program (e.g., drug court, litter control, etc.) only the state grant funds contributing to the salary and fringe for CCCA/PSA grant operations can be paid for using state grant funds.
2. Pay for capital construction, renovation, remodeling, or land acquisition. 5 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures
3. Pay for the purchase or lease of any vehicles.
4. Pay for firearms, ammunition, or related equipment.
5. Pay for clothing and/or uniforms.
6. Pay for lobbying or political contributions.
7. Pay for overtime or honoraria.
8. Pay for bonuses unless specifically authorized in the Appropriations Act.
9. Pay for personal entertainment, personal calls, or alcohol.

B. Collecting fees from pretrial defendants for pretrial supervision is prohibited; including fees for drug testing and confirmation.

C. Probation supervision fees for CCCA agencies are governed by § 9.1-182 of the Code of Virginia and the statewide policy for supervision and intervention fees established by DCJS (https://www.dcjs.virginia.gov/sites/dcjs.virginia.gov/files/correctional-services/forms/ccca-psa-guideline-1-supervision-and-intervention-fees.pdf). The same terms, conditions, and assurances that apply to state funds also apply to supervision fees collected by CCCA agencies with the following exceptions:

1. Supervision/intervention fees collected may replace local funds contributing to the grant.
2. Unspent or unexpended fees collected in one fiscal year must be rolled over from year to year into the CCCA/PSA budget and be used solely for the CCCA/PSA agency operations. The maximum allowable carryover amount is 25% of the total grant award.

D. Indirect costs are fees charged against the grant for the local government’s administration of the funds. Included in this are any administrative personnel and operational costs incurred by the local government that cannot be attributed directly to a given project. If charging indirect costs against the grant is necessary, the following conditions apply:

1. Indirect costs cannot exceed 1% of the total state-funded grant award.
2. Charging the grant for indirect costs cannot violate non-supplanting requirements.
3. Charging the grant for indirect costs will reduce the total amount available for defendant and probationer supervision, treatment, personnel, and other agency operating expenses.

E. Long-term residential treatment and long-term residential placements (i.e. 28 days or more) are not an appropriate use of these state funds and not a substitute for supervision.

F. It is the responsibility of CCCA officers to monitor the collection of restitution for people placed on local supervised probation but not to collect restitution. The responsibility for the collection of costs, fines, and restitution is with the clerks of circuit and district courts and Commonwealth’s Attorneys pursuant to § 19.2-305.1 of the Code of Virginia. CCCA agencies may not use state or local CCCA funds to supervise placements specifically for: 6 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures

1. Cases with a deferred prosecution and deferred prior to a trial/preliminary hearing or deferred dispositions that have not had a disposition hearing in court so there is no finding of facts (sometimes referred to as taken under advisement).
2. Cases sentenced to community service in lieu of fines/costs.
3. Extending supervision solely to collect restitution, fines, costs, or fees beyond what is allowable by law, unless ordered by the court as a condition of probation supervision.

X. Availability of Continuation Funding

The award of a CCCA/PSA grant does not guarantee funding awards in subsequent years. In addition to the availability of funds, a project’s implementation, performance, and compliance with statutes, standards, policies, guidelines, regulations, reporting requirements, and conditions placed on the grant are key factors in determining eligibility for continuation funding.

XI. Application Requirements A. Any agency established and operated under the authority of the CCCA/PSA must follow statutes, standards, policies, guidelines, and regulations prescribed by DCJS, which are located on the DCJS website (https://www.dcjs.virginia.gov/correctional-services/programs/comprehensive-community-corrections-act-ccca-pretrial-services-act/ccca-psa-minimum-standards).

B. CCCA/PSA agencies are required to have up-to-date written Standard Operating Procedures (SOPs) that address and comply with all current statutes, standards, policies, guidelines, and regulations. The SOPs must be approved by both DCJS and the administrative agent and provided to the Community Criminal Justice Board (CCJB).

C. All CCCA/PSA agencies currently operating in an office or department that is not part of the local government must submit the current written memorandum of understanding by which the implementing office or department agrees to comply with all applicable grant terms, conditions, standards, and assurances.

D. All PSA agencies:

1. Must provide both pretrial investigation and supervision services to all localities served.
2. Must conduct a risk assessment using the Virginia Pretrial Risk Assessment Instrument (VPRAI), or other pretrial risk assessment approved by DCJS, as part of the pretrial investigation.
3. Must use the Praxis, or Release Conditions Matrix (RCM) approved by DCJS, to guide bail recommendations.
4. Must assign supervision levels based on the Praxis or RCM. 7 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures
5. Must make provisions, if providing GPS/electronic monitoring, to ensure that no defendant is prevented from release or returned to jail solely based on the inability to pay fees or costs.

E. All CCCA agencies:

1. Must ensure that the length of supervision does not exceed 12 months or the maximum sentence permitted by law for the person placed on supervised probation with the local community-based probation agency to complete all requirements of supervision.
2. Must ensure that interventions be supported by assessment results, be least restrictive, and determined to be effective by research.
3. Must conduct a risk/needs assessment using the MOST/OST, or other assessment approved by DCJS, on all individuals referred to supervised probation with the local community-based probation agency.
4. Must complete case plans for on all individuals scoring medium or high on the OST assessment.
5. Must supervise individuals using appropriate frequency of contact, interventions, and dosage based on the assessment results and corresponding risks and needs.

F. Each applicant is required to have a Community Criminal Justice Board (CCJB) serving as an advisory body to the local governing body on matters pertaining to local criminal justice issues. The composition and responsibilities of the CCJB are specified in § 9.1-178 et seq. of the Code of Virginia and Minimum Standards.

XII. Application Instructions Applications and required attachments must be submitted through the OGMS at ogms.dcjs.virginia.gov. After you login to OGMS, click on “Funding Opportunities” and select the funding opportunity entitled “Community Corrections & Pretrial Services FY2023.” If you submitted your FY2022 grant in OGMS, you can create a copy to use as a basis for your FY2023 application. Review the following instructions, make a copy of the FY2022 application, and update the application as instructed. Be sure all information is updated and correct.

A. General Information

1. Grant Id: This is auto generated by OGMS.
2. Title: “Comprehensive Community Corrections Act & Pretrial Services FY2023 [Locality Name]”
3. Organization: Select the name of the City or County of the Administrative and Fiscal Agent applying for the grant. 8 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures
4. Grantee Contact: Select the name of the grantee contact (local agency director) for the application.
5. Additional Applicants: Select the names of others within your organization that will also manage this grant.

B. Face Sheet

1. Congressional District: Select all congressional districts served by your agency.
2. Best Practice: Do not use, for JJDP programs only.
3. Jurisdiction(s) Served: Select all jurisdictions served by your agency.
4. Program Title: Enter “Community Corrections & Pretrial Services FY2023.”
5. Certified Crime Prevention Community: Click the link provided to see if your Community is a CCPC and select yes or no.
6. Type of Application: Select Continuation of Grant.
7. Grant Number: Provide your FY2022 grant number.
8. Performance Statement: Provide data on the performance of activities for the current year (maximum of 250 characters) as follows: As of December 31, 2021: i. Pretrial: number of screenings, number of placements, ADC, ALOS, appearance rate, public safety rate. ii. Probation: number of placements, ADC, ALOS, public safety rate
9. Community Setting: Check all that apply (rural, urban, suburban, or statewide). 10. Brief Project Overview: Provide a description of the program (maximum of 750 characters). 11. Project Director: Name and contact information for the person who will have day-to-day responsibility for managing the project and who will be the contact if DCJS needs project-related information. 12. Project Administrator: Name and contact information for the County Administrator or City Manager (Administrative and Fiscal Agent) who has the authority to formally commit the organization/locality to complying with all the terms of the grant application, including the provision of the required match, if applicable. If the County Administrator or City Manager wishes to delegates this authority, please contact your grant monitor for directions. 13. Finance Officer: Name and contact information for the person responsible in the locality for fiscal management of the funds associated with this grant.

C. CCCA/PSA Budget Summary Report the amount of state funds requested by category (e.g., personnel, supplies and other) and by funding category (e.g., Pretrial Services or Local Community-based Probation) on the application face sheet. For this section, do not include the total local funds, fees, and in-kind that support this project unless a match is required. Round all amounts to the nearest dollar. This budget reflects only the amount of grant funds you are requesting. 9 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures D. Project Narrative Demonstration of Need: Provide a description of the needs or issues that this grant project will address (for example, jail crowding, alternative sentencing to jail, supervision, and services and interventions to address client needs to ensure public safety). Describe the existing resources and services (regardless of funding source) that are available to address the identified problems and indicate why these grant funds are required address the needs. (Maximum of 5,000 characters.) Project Description: Provide a brief description of the program; include the number and types of courts served and the number and type of jails served. Include relevant performance data or agency evaluation procedures used that demonstrate that the agency’s activities, policies, and practices contribute to the reduction of recidivism for people placed on probation and the reduction of pretrial misconduct (failure to appear or new arrest) for defendants placed on pretrial services. (Maximum of 5,000 characters.) Service Area Demographic/Target Population: Provide a brief description of the target population served by your agency. (Maximum of 5,000 characters.) Sustainment Plan: Provide a brief description of your agency’s sustainment plan including, but not limited to, quality assurance, hiring/recruitment/retention, and succession planning. Include any adaptations to operations and practices due to COVID and include any adjustments your agency plans to sustain in the future. (Maximum of 5,000 characters.) E. Goals and Objectives Goals and Objectives: This section on the application is designed to assist agencies in focusing on adherence to evidence-based practices. For FY2023, DCJS provided statewide goals and objectives. Local probation and pretrial services agencies are required to include the following goals and objectives and encouraged to include additional goals using SMART Goals1. The principles include the following:

• Be Specific:

• Make them Measurable (i.e., quantifiable)

• Be Action-oriented:

• Be Realistic:

• Articulate a Time in which the change will occur

1. Probation Public Safety Rate (Successful Closure) Goal: Our local probation agency will have a minimum public safety rate (successful probation completions) of ____%.

Objective: Within fiscal year 2023, our local probation agency will improve the successful completion rate by ____%.

Indicator Data: 1 See EBDM Starter Kit published by the National Institute of Corrections for more information about developing Goals and Objectives by using SMART Goal principles at http://starterkit.ebdmoneless.org/starter-kit/6a-measuring-your-performance/10 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures

• Number of probation completions.
• Number of successful closures.

1. Probation Success Plans (Case Plans) Goal: Our local probation agency will develop success plans (case plans) for a minimum of ____% of the individuals that score medium or high on the Offender Screening Tool (OST).

Objective: Within fiscal year 2023, our local probation agency will increase the number of success plans (case plans) developed by ____%.

Indicator Data:

• Total number of people placed on probation supervision that score medium or high on the OST.
• Total number of success plan (case plans) developed for people that scored medium or high on the OST.

1. Pretrial Investigations Goal: Our pretrial services agency will have a minimum pretrial investigation rate of ___%.

Objective: Within fiscal year 2023, our pretrial services agency will improve the investigation rate by ___%.

Indicator Data:

• Total number of defendants available at screening.
• Total number of defendants screened in.
• Total number of defendants investigated.
• Total number of defendants not investigated (this indicator is needed to identify the reasons a pretrial investigation is not completed so that action may be taken to resolve).

1. Pretrial Supervision Goal: Our pretrial services agency will assign supervision levels by using the Praxis without staff overrides a minimum of ___% of the time.

Objective: Within fiscal year 2023, our pretrial services agency will improve the Praxis supervision assignment concurrence percentage by ___%.

Indicator Data:

• Total number of defendants Praxis recommends supervision level Monitoring.
• Total number of defendants agency assigned to supervision level Monitoring.
• Total number of defendants Praxis recommends supervision to Level 1.
• Total number of defendants agency assigned to Level 1.
• Total number of defendants Praxis recommends supervision to Level 2.
• Total number of defendants agency assigned to Level 2.
• Total number of defendants Praxis recommends supervision to Level 3.
• Total number of defendants agency assigned to Level 3.

1. Pretrial Appearance Rate Goal: Our pretrial services agency will have an appearance rate of at least ___%. 11 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures Objective: Within fiscal year 2023, our pretrial services agency will improve appearance rate by ___%.

Indicator Data:

• Total number of defendants closed.
• Total number of defendants closed with failure to appear (FTA).

1. Pretrial Public Safety Rate Goal: Our pretrial services agency will have public safety rate of at least ___%.

Objective: Within fiscal year 2023, our pretrial services agency will improve the public safety rate by ___%.

Indicator Data:

• Total number of defendants closed.
• Total number of defendants closed with new arrest.

1. Supervision Fees Goal: Our agency will only have supervision fees on hand that is less than or equal to 25% of our total state grant funding.

Objective: Our agency will monitor and ensure we have supervision fees on hand at the end of each quarter and the end of each fiscal year that is 25% or less than the total state grant funding.

F. Itemized Budget Complete itemized budget, description, and justification for all required categories. Staff, services, office space, or supplies shared across the CCCA and PSA projects should be appropriately split and identifiable in the budget forms.

In this budget section of the application, all funds supporting this project must be included for each line item under “DCJS FUND – state,” “MATCH - Cash,” “MATCH -Fees,” or “- In-kind – match.” Additional funds include, but are not limited to, fees, local, federal, or other state funds supporting the project. Round all amounts to the nearest dollar.

Cash is direct funding for the project obtained from local government funds, other state funds, federal funds, or private sources.

Fees are supervision and intervention fees collected from people placed on probation to offset the cost of supervision.

In-Kind sources may include, but are not limited to, the following:

• Materials/equipment. The value of donated materials and equipment shall not exceed its fair market value.
• Space and facilities. The value of rent shall not exceed the fair rental value of comparable space and facilities in the same locality.
• Direct services, coordinating or supervising those services.
• Staff training. 12 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures

1. Personnel and Employee Fringe Benefits This section applies to all local employees supported by any funds (state, federal, or local) associated with this project. For state grant funded positions, all tasks, duties, and responsibilities must relate directly to CCCA/PSA activities consistent with the Code of Virginia and any statutes, standards, policies, guidelines, and regulations issued by DCJS.

Indicate if personnel costs are included in your budget: yes or no. If “yes” under “Personnel”, list each position by:

• Employee Name (if the position is vacant, use “vacant” as the name),
• Position title,
• Position (full time or part time),
• Total hours per week, if applicable,
• Total hours per year, total annual salary (all funding sources),
• Percent of salary being requested,
• Number of grant funded hours devoted to the CCCA/PSA grant activities per year,
• Total salary requested from grant funds
• Indicate if it is a new position (yes /no),
• Salary amounts for state funds, cash match, supervision fees, and in-kind for pretrial and probation, as appropriate.

Under “Employee Fringe Benefits” select the employee name and enter the fringe benefit costs (FICA, Retirement, Group Life, Health Insurance, Workers’ Comp, Unemployment, Disability, and other) for each position. Enter the amounts for pretrial and probation under the funding source(s) as appropriate. If you are unable to enter the fringe benefits for individual employees, create an employee named “Fringe Benefit” and enter the aggregate amounts for each fringe benefit but enter zero for the salary. If you elect this process, leave the fringe amounts for each individual employee at zero.

In Position and Justification, for each employee, provide a description of the position to include if the position does both probation and pretrial duties, if the position is administrative, supervisory, probation only, pretrial only, dual probation and pretrial.

Under justification for position include the function of the employee (supervision, investigation, both) and if the position is required to take the oath of office. Be sure to identify all staff and/or positions that are responsible for investigating defendants or supervising people on probation/pretrial.

1. Consultants Indicate if consultants or consultant subsistence & travel costs are included in your budget – yes or no. If “yes” under “Consultant” and “Consultant Subsistence (lodging + meals) & Travel enter the information required and the amounts for pretrial and probation under the funding source(s) as appropriate. Under the Description and 13 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures Justification, select the name of the consultant and enter in the description of consultant’s role (maximum of 500 characters) and justification for use of Consultant (maximum of 500 characters) for each item. a.

For individuals reimbursed for personal services on a fee basis: Enter each type of consultant or service (with numbers in each category and names of consultants when available), the proposed daily fee rate, and the amount of time to be devoted to such services. b.

For organizations, including professional associations and educational institutions, performing professional services: Enter the type of services being performed and estimated contract prices. Requests for contracted services and consultants will be very carefully screened. Consultant and contracting fees will be approved only when it is justified that the use of outside contract agencies and consultants will significantly and permanently enhance project effectiveness. c.

Consultant Travel and Subsistence: This is generally not allowable unless it is necessary, reasonable, and justified. These must be reasonable and adhere to the grantee’s established travel policy. High mileage should be explained and justified. d.

Description of each service contracted for and the name of the service provider. e.

The number of defendants and/or people on probation benefiting from each type of service. f.

Total budgeted amount for each service and a per defendant/probationer/group cost. g.

Description of all services the Community Services Board (CSB) provides and the cost (including services that are free of charge). If using services other than through the CSB, the decision must be explained.

1. Travel Indicate if travel (mileage) costs are included in your budget: yes or no. If “yes” under “Local Mileage” or “Non-local mileage” enter the number of miles and the mileage rate. Enter the amounts for pretrial and probation under the funding source(s) as appropriate. Under the Description and Justification, select the mileage being requested and enter in the description of mileage (maximum of 500 characters) and justification for mileage (maximum of 500 characters) for each item.

Itemize total travel expenses of program personnel by local mileage and non-local mileage. Unless a local policy governs, mileage is reimbursed at the federal rate (https://www.irs.gov/tax-professionals/standard-mileage-rates).

Local mileage is travel within the immediate service area (satellite offices, court, meetings, etc.). Non-local mileage is outside of the immediate service area (trainings, conferences, meetings, etc.). Include a description for each request and justify why the request is necessary. 14 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures

1. Subsistence and Other Travel Costs Indicate if subsistence and other travel costs are included in your budget: yes or no. If “yes,” under “Subsistence” enter the event title, under “Lodging” enter the number of rooms required, number of nights and rate cost and under “Meals” enter the number of people, number of days, and the per diem rate. Enter the amounts for pretrial and probation under the funding source(s) as appropriate. Under the Description and Justification, select the event item being requested and enter in the description of cost (maximum of 500 characters) and justification for cost (maximum of 500 characters) for each item.

Under Other Travel Costs, enter the event title, number of people attending, number of trips with airfare, the rate, and other travel costs. Enter the amounts for pretrial and probation under the funding source(s) as appropriate. Under the Description and Justification, select the event item being requested and enter in the description of costs (maximum of 500 characters) and justification for cost (maximum of 500 characters) for each item.

Grantees must follow the federal/state travel policy (https://www.gsa.gov/travel/plan-book/per-diem-rates) unless there is a written local travel policy. Transportation costs, such as air and rail fares, are at coach rates.

Subsistence is paid according to a per diem rate. The state allows reimbursement for actual reasonable expenses. Justify all travel by explaining its relevance to job duties.

1. Equipment Indicate if equipment is included in your budget: yes or no. If “yes” enter the item requested, the cost per item or monthly rate, and the total number of items or months for each item. Enter the amounts for pretrial and probation under the funding source(s) as appropriate. Under the Description and Justification, select the equipment item being requested and enter in the description (maximum of 500 characters) and justification (maximum of 500 characters) for each item.

Equipment includes, but is not limited to, the purchase or lease of items such as office furniture, copiers, fax machines, telephones (but not line service), PTCC wiring, and cellular phones. Each major item to be purchased must be listed separately with unit cost. Each item to be leased or rented must be listed separately with the cost associated with the lease or rental.

CCCA and PSA budgets must include a line item under equipment for the PTCC network equipment and hardware replacement and repair for no less than 1% of the total state funding. DCJS requires that all staff have professional email and internet access.

1. Supplies and Other Expenses Indicate if supplies and other included in your budget – yes or no. If “yes” enter the item requested, the cost per item or monthly rate, and the total number of items or 15 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures months for each item. Enter the amounts for pretrial and probation under the funding source(s) as appropriate. Under the Description and Justification, select the supply or item being requested and enter in the description (maximum of 500 characters) and justification (maximum of 500 characters) for each item.

Supplies and Other Operating Expenses include, but are not limited to, rent, utilities, cell/land/fax/internet services, on site drug tests, lab confirmations, postage, and office supplies.

1. Indirect Costs Indicate if indirect costs are being requested: yes or no. If “yes” enter “Indirect Costs” in “Item Description” and provide a brief justification (maximum of 250 characters).

Enter the amount of indirect costs for pretrial and probation under “DCJS FUNDS – State” and leave the other funding sources as “$0.” Indirect costs are fees charged against the grant for the local government’s administration of the funds. Included in this are administrative personnel and operational costs incurred by the local government not directly attributed to the project.

G. Attachments Upload the following attachments, if applicable. a.

MOU for PTCC (Virginia Beach) b.

MOU for non-government services (Albemarle, Arlington, Fairfax, Frederick, Fredericksburg, James City, Portsmouth, Salem, Tazewell, and Westmoreland) c.

CCJB member list (all agencies)

H. Non-Supplantation Select “yes” and provide the date, and name and title of the Project Administrator.

I.

Authority Certification Enter the date and name and title of the authorized individual (identified in XII.B.) XIII. Grant Reporting Requirements Grant recipients must submit Quarterly Status Reports and reimbursement Claims through the DCJS Online Grants Management System (OGMS). Failure to comply in a timely manner may result in DCJS withholding disbursement of grant funds and/or termination of the grant. DCJS will provide grant-reporting requirements at the time of grant award.

XIV. How and Where to Submit Application Submit applications and required attachments through the DCJS Online Grants Management System (OGMS) by 5:00 p.m. on Friday, April 1, 2022. 16

Comprehensive Community Corrections Act & Pretrial Services Act

Local Community-Based Probation and Pretrial Services Guidelines and Application Procedures FY2023

Application Due Date Friday, April 1, 2022, 5:00 p.m.

Virginia DCJS, 1100 Bank St, Richmond, VA 23219, www.dcjs.virginia.gov

Issued February 15, 2022, CCCA/PSA Probation & Pretrial Guidelines & Application Table of Contents

I.

Introduction ............................................................................................................................ 3 II. Eligibility ................................................................................................................................ 3 III. Grant Technical Assistance .................................................................................................... 3 IV. Grant Application Deadline .................................................................................................... 4 V. Amount Available .................................................................................................................. 4 VI. Grant Period ............................................................................................................................ 4 VII. Match Requirement ................................................................................................................ 5 VIII. Application Review Process .................................................................................................. 5 IX. Restrictions ............................................................................................................................. 5 X. Availability of Continuation Funding .................................................................................... 7 XI. Application Requirements ...................................................................................................... 7 XII. Application Instructions ......................................................................................................... 8 XIII. Grant Reporting Requirements ............................................................................................ 16 XIV. How and Where to Submit Application ............................................................................... 16 2 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures I. Introduction The Virginia Department of Criminal Justice Services (DCJS) is accepting applications for Fiscal Year 2023 from local units of government currently funded for the Comprehensive Community Corrections Act for Local-Responsible Offenders (CCCA) and the Pretrial Services Act (PSA).

This grant supports local community-based probation and pretrial agencies under CCCA (§§ 9.1-173 et seq.) and PSA (§§ 19.2-152.2 et seq.), with sentencing per §19.2-303.3 and related statutes.

II. Eligibility: Only counties or cities receiving DCJS CCCA/PSA grants are eligible for continuation. Multi-jurisdictional efforts require one locality to submit and serve as the Administrative/Fiscal Agent. Private nonprofits may only receive funds via local government contracts and cannot provide probation/pretrial services unless active before July 1, 1995.

The grantee is the City or County, with the County/City Manager as Project Administrator. For multi-jurisdictional efforts, the Administrative/Fiscal Agent’s Manager serves as Project Admin. The locality ensures funds comply with grant and procurement rules.

III. Grant Technical Assistance: For help with application prep, contact DCJS staff: Ken Rose (804) 225-4329, kenneth.rose@dcjs.virginia.gov; Tisha Skinner (804) 807-1202, tisha.skinner@dcjs.virginia.gov. See attached jurisdiction list.

IV. Application Deadline: Submit via OGMS by 5:00 p.m., April 1, 2022. Early submissions encouraged. Contact: Paula Harpster (804) 786-1140, paula.harpster@dcjs.virginia.gov. OGMS: https://ogms.dcjs.virginia.gov/index.do.

DCJS will not consider late applications unless documented OGMS technical issues.

V. Amount Available: Applicants may request FY2023 funds equal to FY2022, including salary increases. Changes in state funding will be communicated. Significant budget adjustments must be justified.

VI. Grant Period: FY2023 (July 1, 2022–June 30, 2023). VII. Match: No match required unless specified; Wise and Albemarle Counties have requirements. Localities encouraged to provide additional funds; include in OGMS budget.

VIII. Review: DCJS assesses application quality, past performance, project progress, guideline adherence, SOPs, current reports, and compliance with financial and progress reporting.

Recipients overdue on Financial or Progress Reports by over 30 days are ineligible for continuation unless waived in writing for good cause.

CJSB Grants Committee reviews level funding requests on March 3, 2022, recommends to CJSB, which makes conditional awards on March 17, 2022, pending review.

DCJS issues grants based on CJSB approval and final monitor review via OGMS. Revisions may be required before award.

IX. Restrictions A. CCCA/PSA grant recipients may not use these grant funds to:

1. Pay for any staff not designated for CCCA/PSA operations, and may not be used to pay for any portion of salary for the time not dedicated to CCCA/PSA programming and operations. For example, if a director or staff person’s time is split between the CCCA/PSA grant operations and another program (e.g., drug court, litter control, etc.) only the state grant funds contributing to the salary and fringe for CCCA/PSA grant operations can be paid for using state grant funds.
2. Pay for capital construction, renovation, remodeling, or land acquisition. 5 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures
3. Pay for the purchase or lease of any vehicles.
4. Pay for firearms, ammunition, or related equipment.
5. Pay for clothing and/or uniforms.
6. Pay for lobbying or political contributions.
7. Pay for overtime or honoraria.
8. Pay for bonuses unless specifically authorized in the Appropriations Act.
9. Pay for personal entertainment, personal calls, or alcohol.

B. Fees from pretrial defendants for supervision, including drug testing, are prohibited.

C. Probation supervision fees are governed by § 9.1-182 VA and DCJS policy. Terms for state funds also apply, with exceptions.

1. Supervision/intervention fees collected may replace local funds contributing to the grant.
2. Unspent fees from one fiscal year must roll over into the CCCA/PSA budget and be used solely for agency operations. Max carryover is 25% of grant award.

D. Indirect costs are admin and operational costs charged against the grant that cannot be directly attributed to a project. Conditions apply if charged.

1. Indirect costs cannot exceed 1% of the total state-funded grant award.
2. Charging indirect costs must not violate non-supplanting requirements.
3. Indirect costs reduce funds for supervision, treatment, personnel, and agency expenses.

E. Long-term residential treatment (28+ days) is not an appropriate use of these funds or a substitute for supervision.

F. CCCA officers monitor restitution collection for probationers; courts and attorneys handle costs, fines, and restitution per § 19.2-305.1 VA. Funds cannot supervise placements for specified purposes.

1. Cases with deferred prosecution or dispositions without a court hearing (taken under advisement).
2. Cases sentenced to community service in lieu of fines/costs.
3. Supervision cannot be extended solely to collect restitution, fines, costs, or fees unless court-ordered as a probation condition.

X. Availability of Continuation Funding

CCCA/PSA grants do not guarantee future funding; eligibility depends on funds, implementation, performance, and compliance with statutes, standards, policies, and reporting.

XI. Application Requirements: Agencies under CCCA/PSA must follow DCJS statutes, standards, policies, and regulations at https://www.dcjs.virginia.gov/correctional-services/programs/comprehensive-community-corrections-act-ccca-pretrial-services-act/ccca-psa-minimum-standards.

B. Agencies must have current SOPs complying with statutes, standards, policies, and regulations, approved by DCJS and the admin agent, and provided to CCJB.

C. Agencies outside local government must submit a memorandum of understanding confirming compliance with grant terms and standards.

D. All PSA agencies:

1. Provide pretrial investigation and supervision services to all localities.
2. Conduct risk assessment using VPRAI or other DCJS-approved instrument during pretrial investigation.
3. Use Praxis or RCM approved by DCJS to guide bail recommendations.
4. Assign supervision levels based on Praxis or RCM.
5. Ensure GPS/electronic monitoring does not prevent release or cause jail solely due to inability to pay fees.

E. All CCCA agencies:

1. Supervision must not exceed 12 months or legal maximum for supervised probation to complete all requirements.
2. Ensure interventions are supported by assessments, least restrictive, and research-based effective.
3. Conduct risk/needs assessment using MOST/OST or other DCJS-approved tool for all supervised probation referrals.
4. Complete case plans for all individuals scoring medium or high on OST.
5. Supervise individuals with contact, interventions, and dosage based on assessment results and risks.

F. Applicants must have a CCJB advising the local governing body, per § 9.1-178 VA and standards.

XII. Application Instructions Applications and required attachments must be submitted through the OGMS at ogms.dcjs.virginia.gov. After you login to OGMS, click on “Funding Opportunities” and select the funding opportunity entitled “Community Corrections & Pretrial Services FY2023.” If you submitted your FY2022 grant in OGMS, you can create a copy to use as a basis for your FY2023 application. Review the following instructions, make a copy of the FY2022 application, and update the application as instructed. Be sure all information is updated and correct.

A. General Information

1. Grant ID: auto-generated by OGMS.
2. Title: “Comprehensive Community Corrections Act & Pretrial Services FY2023 [Locality Name]”
3. Organization: Select the City or County of the applying Administrative and Fiscal Agent.
4. Grantee Contact: Select the local agency director for the application.
5. Additional Applicants: Select other organization members managing the grant.

B. Face Sheet

1. Congressional District: Select all districts served.
2. Best Practice: Do not use, for JJDP programs only.
3. Jurisdiction(s) Served: Select all jurisdictions served by your agency.
4. Program Title: Enter “Community Corrections & Pretrial Services FY2023.”
5. Certified Crime Prevention Community: Check if your community is a CCPC and select yes or no.
6. Type of Application: Select Continuation of Grant.
7. Grant Number: Provide your FY2022 grant number.
8. Performance Statement: Provide current year activity data (max 250 characters): i. Pretrial: screenings, placements, ADC, ALOS, appearance, safety rates. ii. Probation: placements, ADC, ALOS, safety rates.
9. Community Setting: Check all that apply (rural, urban, suburban, or statewide). 10. Brief Project Overview: Describe the program (max 750 characters). 11. Project Director: Name and contact for managing the project and DCJS contact. 12. Project Administrator: Name and contact for the County Administrator or City Manager (Administrative and Fiscal Agent) with authority to commit the organization to grant terms, including match if applicable. Contact your grant monitor for delegation. 13. Finance Officer: Name and contact for fiscal management of grant funds.

C. CCCA/PSA Budget Summary Report the amount of state funds requested by category (e.g., personnel, supplies and other) and by funding category (e.g., Pretrial Services or Local Community-based Probation) on the application face sheet. For this section, do not include the total local funds, fees, and in-kind that support this project unless a match is required. Round all amounts to the nearest dollar. This budget reflects only the amount of grant funds you are requesting. 9 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures D. Project Narrative Demonstration of Need: Provide a description of the needs or issues that this grant project will address (for example, jail crowding, alternative sentencing to jail, supervision, and services and interventions to address client needs to ensure public safety). Describe the existing resources and services (regardless of funding source) that are available to address the identified problems and indicate why these grant funds are required address the needs. (Maximum of 5,000 characters.) Project Description: Provide a brief description of the program; include the number and types of courts served and the number and type of jails served. Include relevant performance data or agency evaluation procedures used that demonstrate that the agency’s activities, policies, and practices contribute to the reduction of recidivism for people placed on probation and the reduction of pretrial misconduct (failure to appear or new arrest) for defendants placed on pretrial services. (Maximum of 5,000 characters.) Service Area Demographic/Target Population: Provide a brief description of the target population served by your agency. (Maximum of 5,000 characters.) Sustainment Plan: Provide a brief description of your agency’s sustainment plan including, but not limited to, quality assurance, hiring/recruitment/retention, and succession planning. Include any adaptations to operations and practices due to COVID and include any adjustments your agency plans to sustain in the future. (Maximum of 5,000 characters.) E. Goals and Objectives Goals and Objectives: This section on the application is designed to assist agencies in focusing on adherence to evidence-based practices. For FY2023, DCJS provided statewide goals and objectives. Local probation and pretrial services agencies are required to include the following goals and objectives and encouraged to include additional goals using SMART Goals1. The principles include the following:

• Be Specific:

• Make them Measurable (i.e., quantifiable)

• Be Action-oriented:

• Be Realistic:

• Specify a timeframe for the change

1. Probation Public Safety Rate (Successful Closure) Goal: Our local probation agency will achieve at least ____% successful probation completions.

Objective: In FY2023, our probation agency will improve successful completion rate by ____%.

Indicator Data: 1 See EBDM Starter Kit by the National Institute of Corrections for developing SMART Goals at http://starterkit.ebdmoneless.org/starter-kit/6a-measuring-your-performance/10

• Number of probation completions.
• Number of successful closures.

1. Probation Success Plans (Case Plans) Goal: Our agency will develop success plans for at least ____% of individuals scoring medium or high on the OST.

Objective: In FY2023, our probation agency will increase success plans (case plans) by ____%.

Indicator Data:

• Total number of people on probation supervision scoring medium or high on the OST.
• Total success plans developed for people scoring medium or high on the OST.

1. Pretrial Investigations Goal: Our agency will have a minimum investigation rate of ____%.

Objective: In FY2023, pretrial services will improve investigation rate by ____%.

Indicator Data:

• Total defendants available at screening.
• Total defendants screened in.
• Total defendants investigated.
• Total defendants not investigated (to identify reasons for incomplete investigations).

1. Pretrial Supervision Goal: Our agency will assign supervision levels via Praxis without staff overrides at least ____% of the time.

Objective: In FY2023, pretrial services will improve Praxis supervision concurrence by ____%.

Indicator Data:

• Total defendants Praxis recommends supervision level Monitoring.
• Total defendants assigned to supervision level Monitoring.
• Total defendants Praxis recommends supervision to Level 1.
• Total defendants assigned to Level 1.
• Total defendants Praxis recommends supervision to Level 2.
• Total defendants assigned to Level 2.
• Total defendants Praxis recommends supervision to Level 3.
• Total defendants assigned to Level 3.

1. Pretrial Appearance Rate Goal: Our agency will achieve at least ____% appearance rate. 11 CCCA/PSA Objective: Improve appearance rate by ____% in FY2023.

Indicator Data:

• Total defendants closed.
• Total defendants closed with FTA.

1. Pretrial Public Safety Rate Goal: Our agency will achieve at least ____% safety rate.

Objective: In FY2023, pretrial services will improve public safety rate by ____%.

Indicator Data:

• Total number of defendants closed.
• Total defendants closed with new arrest.

1. Supervision Fees Goal: Fees on hand will not exceed 25% of total state grant funding.

Objective: Our agency will ensure supervision fees at quarter and year-end are ≤25% of total state grant funds.

F. Itemized Budget: Provide detailed budget, description, and justification for all categories. Shared staff, services, space, or supplies must be properly split and identifiable.

Include all project funds under “DCJS FUND – state,” “MATCH - Cash,” “MATCH -Fees,” or “- In-kind – match.” Add other local, federal, or state funds supporting the project. Round to nearest dollar.

Cash: Direct funding from local, state, federal, or private sources.

Fees: Supervision and intervention fees from probationers to offset supervision costs.

In-Kind sources may include, but are not limited to, the following:

• Materials/equipment: Donated items shall not exceed their fair market value.
• Space and facilities. Rent must not exceed fair rental value of comparable local space and facilities.
• Direct services, coordinating or supervising those services.
• Staff training. 12 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures

1. Personnel and Employee Fringe Benefits This section applies to all local employees supported by any funds (state, federal, or local) associated with this project. For state grant funded positions, all tasks, duties, and responsibilities must relate directly to CCCA/PSA activities consistent with the Code of Virginia and any statutes, standards, policies, guidelines, and regulations issued by DCJS.

Indicate if personnel costs are included: yes/no. If yes, list each position by:

• Employee Name (use “vacant” if position is vacant),
• Position title,
• Position (full/part time),
• Total hours per week, if applicable,
• Total annual hours and salary (all funding sources),
• Requested salary percentage,
• Grant-funded hours for CCCA/PSA activities annually,
• Total grant salary request
• Indicate if position is new (yes/no),
• Salary amounts for state funds, cash match, supervision fees, and in-kind for pretrial and probation, as appropriate.

Under “Employee Fringe Benefits,” select employee and enter fringe costs (FICA, Retirement, etc.) for each position. If unable, create “Fringe Benefit” with total amounts, leave individual fringes at zero.

In Position and Justification, describe each employee’s role, including if duties are probation, pretrial, administrative, supervisory, or dual.

Justify each position by function (supervision, investigation, or both) and note if oath is required. Identify staff responsible for investigation or supervision.

1. Consultants Indicate if consultants or consultant subsistence & travel costs are included in your budget – yes or no. If “yes” under “Consultant” and “Consultant Subsistence (lodging + meals) & Travel enter the information required and the amounts for pretrial and probation under the funding source(s) as appropriate. Under the Description and 13 CCCA/PSA Community-Based Probation and Pretrial Services Guidelines and Application Procedures Justification, select the name of the consultant and enter in the description of consultant’s role (maximum of 500 characters) and justification for use of Consultant (maximum of 500 characters) for each item. a.

For fee-based personal services, list each consultant/service, daily fee, and time commitment.

For organizations providing services, list service type and estimated costs. Fees require justification for effectiveness enhancement.

Consultant Travel and Subsistence: Usually not allowed unless necessary, reasonable, justified, and compliant with travel policy. Justify high mileage.

Describe each contracted service and provider.

Number of defendants/probationers benefiting per service.

Total and per-unit cost for each service.

Describe all CSB services and costs, including free services. Explain if using non-CSB services.

1. Travel: Indicate if mileage costs are included—yes/no. If yes, specify miles, rate, amounts, and provide description and justification for each mileage type.

Itemize travel expenses by local and non-local mileage. Reimburse at federal rate unless local policy applies.

Local mileage: within service area; non-local: outside. Describe and justify each request.

1. Subsistence and Other Travel Costs Indicate if subsistence and other travel costs are included in your budget: yes or no. If “yes,” under “Subsistence” enter the event title, under “Lodging” enter the number of rooms required, number of nights and rate cost and under “Meals” enter the number of people, number of days, and the per diem rate. Enter the amounts for pretrial and probation under the funding source(s) as appropriate. Under the Description and Justification, select the event item being requested and enter in the description of cost (maximum of 500 characters) and justification for cost (maximum of 500 characters) for each item.

Under Other Travel Costs, list event, attendees, trips, airfare, costs, and justification. Specify pretrial/probation funding as applicable.

Follow federal/state travel policy (https://www.gsa.gov/travel/plan-book/per-diem-rates) unless local policy. Use coach rates for transportation.

Subsistence: per diem or actual expenses. Justify travel relevance to duties.

1. Equipment: Indicate if included—yes/no. If yes, specify item, cost, quantity, and provide description and justification.

Equipment includes, but is not limited to, purchase or lease of office furniture, copiers, fax machines, telephones (excluding line service), PTCC wiring, and cellular phones. Each major item must be listed separately with unit cost; leased items with lease/rental cost.

CCCA and PSA budgets must include a line item under equipment for PTCC network hardware replacement and repair of at least 1% of total state funding. DCJS requires all staff have professional email and internet access.

1. Supplies and other expenses: Indicate if included—yes/no. If yes, specify item, cost, quantity, and provide description and justification.

Supplies and Other Operating Expenses include rent, utilities, cell/land/fax/internet services, on-site drug tests, lab confirmations, postage, and office supplies.

1. Indirect costs: Indicate if requested—yes/no. If yes, list as “Indirect Costs” and justify briefly (max 250 characters).

Enter indirect costs for pretrial and probation under “DCJS FUNDS – State” and leave other sources as “$0.” Indirect costs are fees charged against the grant for local government administration, including personnel and operational costs not directly attributed to the project.

G. Attachments Upload the following attachments, if applicable. a.

MOU for PTCC (Virginia Beach) b.

MOU for non-government services (Albemarle, Arlington, Fairfax, Frederick, Fredericksburg, James City, Portsmouth, Salem, Tazewell, and Westmoreland) c.

CCJB member list (all agencies)

H. Non-Supplantation Select “yes” and provide the date, and name and title of the Project Administrator.

I.

Authority Certification Enter the date and name and title of the authorized individual (identified in XII.B.) XIII. Grant Reporting Requirements Grant recipients must submit Quarterly Status Reports and reimbursement Claims through the DCJS Online Grants Management System (OGMS). Failure to comply in a timely manner may result in DCJS withholding disbursement of grant funds and/or termination of the grant. DCJS will provide grant-reporting requirements at the time of grant award.

XIV. How and Where to Submit Application Submit applications and required attachments through the DCJS Online Grants Management System (OGMS) by 5:00 p.m. on Friday, April 1, 2022. 16

Virginia Department of Criminal Justice Services www.dcjs.virginia.gov

TABLE OF CONTENTS

INTRODUCTION ...................................................................................................................... 2

CERTIFICATION PROCESS ........................................................................................................ 3

APPEALS .................................................................................................................................. 5

RECERTIFICATION ................................................................................................................... 5

REVOCATION OF CERTIFIED STATUS ...................................................................................... 5

CORE COMMUNITY SAFETY ELEMENTS .................................................................................. 6

OPTIONAL COMMUNITY SAFETY ELEMENTS ........................................................................ 17

POLICIES ................................................................................................................................ 21

Revised October 2018

Updated February 2023

Virginia Department of Criminal Justice Services 1 DCJS | CERTIFIED CRIME PREVENTION COMMUNITY PROGRAM – Certification Manual

INTRODUCTION

In his 1998 Executive Order creating the New Partnership Commission for Community Safety, Governor James Gilmore charged the Commission with the responsibility of advising him on new initiatives to “promote community safety, particularly youth and family safety”. Since that time, the Commission has worked diligently to assess the needs of localities across the Commonwealth and assist them in addressing their individual community safety issues.

During its work, the Commission identified many outstanding examples of community safety programs. To honor and bring recognition to these programs, the Commission developed the Governor’s New Partnership Community Safety Awards, which turned out to be a resounding success.

Taking a cue from the success of the Awards program, the Commission asked the Virginia Department of Criminal Justice Services (DCJS) to recommend programs that fostered the development of community safety initiatives at the local level. DCJS presented a proposal to the Commission to develop a program titled the Certified Crime Prevention Community Program. Based on a study conducted by the Virginia State Crime Commission in 1993, the goal of the program is to publicly recognize and certify localities that have implemented a defined set of community safety strategies as part of a comprehensive community safety/crime prevention effort. Commission members were very enthusiastic about the proposal and approved it unanimously.

One of the first of its kind in the nation, the program encourages localities to develop and implement collaborative community safety plans within a flexible framework designed by the Commission. Furthermore, it provides an ongoing process by which communities can reassess and update their plans to address emerging community safety issues. To obtain the certification, a locality must meet 12 core community safety elements/strategies augmented by a minimum of seven approved optional elements either proffered by the locality or selected from a list provided by DCJS.

While the strategies of the Certified Crime Prevention Community Program are rooted in the recommendations of the 1993 Crime Commission study, the focus has been expanded to include additional community safety strategies that are integral to reducing citizen fear of crime, youth violence, gang activity and involvement in drugs. The program requirements require a dedicated effort on the part of each locality and the potential rewards are significant.

This program manual has been designed to provide in-depth information and guidance regarding all aspects of the Certified Crime Prevention Community Program, from the application process through to certification and recertification.

Virginia Department of Criminal Justice Services 2 DCJS | CERTIFIED CRIME PREVENTION COMMUNITY PROGRAM – Certification Manual

CERTIFICATION PROCESS

The certification process consists of four parts or phases: Enrollment, Application Package Development, Application Package Review/Verification, and Board Review.

1. Enrollment Phase

Requesting an Enrollment Package Potential applicants download the enrollment package from the DCJS website (http://www.dcjs.virginia.gov). The enrollment package contains: ◼ the program manual ◼ the statement of intent form ◼ sample resolution of participation to be adopted by the locality

The statement of intent must be completed and returned to DCJS, along with a resolution of participation adopted by the city/county/town council, to officially begin the process. A local certification coordinator should also be selected during this process as the point of contact.

1. Application Package Development Phase

Program Orientation Upon receipt of the enrollment form and resolution form, DCJS will contact the local designated certification coordinator to discuss the program manual and provide assistance. During this orientation contact, DCJS may: ◼ Present a brief background and history of the program ◼ Review the program manual with the certification coordinator and answer any questions about the program. ◼ Provide the certification coordinator insight into proven methods for organizing the volume of work and obtaining necessary information from the local points of contact for each element.

Assessment of Local Crime Prevention/Community Safety Services Applicants must provide a written summary of each program submitted to meet a core program element or optional program element. Core elements shall be numbered as Core I through Core XII and Optional elements begin a new numbering series as Option I through Option VII. All summaries must be submitted as an attachment to email to the DCJS staff as each is completed for review and correction. Several drafts may be submitted for review at the same time, however holding summaries of core or optional program elements and submitting them in large groups may slow the process and is discouraged. The required format is single-spaced with a 12-point font on 8.5 X 11 portrait view page set-up. Applicants should divide the content of each summary into four main sections:

1. A detailed description of the history of the program (five pages maximum).
2. Program accomplishments to date.
3. Goals and objectives of the program (with numbered objectives listed under each goal).

• Each goal must have a minimum of three time specific and measurable objectives.

1. An evaluation of program effectiveness (e.g., survey data from citizens impacted by program, crime trend data, anecdotal information, other appropriate statistical information illustrating impact of the program).

Virginia Department of Criminal Justice Services 3 DCJS | CERTIFIED CRIME PREVENTION COMMUNITY PROGRAM – Certification Manual

Additional documentation may be submitted as proofs during the final verification phase, including:

◼ Media coverage of the program (e.g., news articles, public service announcements (PSAs), video clips, etc.);

◼ Future goals and objectives for the program;

◼ Any other information deemed relevant by applicant.

Analysis of Gaps in Services Applicants should complete a self-assessment to identify gaps in programs or service delivery. Following the same instructions as above, new programs proposed to fill identified gaps in service delivery should include the following:

◼ A program description which relates to the particular core or optional element the proposed program is designed to meet;

◼ Goals and objectives for the proposed program;

◼ An implementation plan which includes a timetable;

◼ An evaluation plan.

Note: This information should be submitted to DCJS to be included as part of the locality’s application file. However, this information will not be sufficient to move the applicant to the review phase of the certification process.

1. Application Package Review/Verification Phase/Verification Phase

Staff Review As previously indicated, applicants will submit to DCJS the summaries of their existing programs and the detailed plans of any newly proposed programs designed to meet certification standards. DCJS staff will conduct ongoing review of the summaries for completeness, documented effectiveness of the summarized programs, and future goals and objectives of the programs and recommend changes or needed corrections. Plans for newly proposed programs will be judged for completeness of the needs assessment, goals and objectives, implementation plan and evaluation plan.

Verification Process

◼ Upon completion of a final summary product, DCJS will contact the applicant to arrange a date and time for on-site verification of documented programs, or to receive a completed submission document. A completed submission will include element summaries and all proofs necessary to verify the efforts and success of the elements. These proofs should not be submitted in the element draft summaries but rather submitted with the final document for review.

◼ Upon completion of the verification process, DCJS will notify the applicant of any final problems needing correction. Applicants may be given a remediation and correction period of 30 days.

Once this process is complete, DCJS staff will prepare the certification brief and all final documents for the Criminal Justice Services Board (CJSB) subcommittee review.

Virginia Department of Criminal Justice Services 4 DCJS | CERTIFIED CRIME PREVENTION COMMUNITY PROGRAM – Certification Manual

1. Board Review Phase

Criminal Justice Services Board Review After the on-site verification process is complete, DCJS will present all the information gathered from the applicant to members of a subcommittee of the Criminal Justice Services Board (CJSB) for recommendation of approval. Upon the recommendation of approval of the subcommittee, the applicant information will be presented to the full Board for final approval. Upon approval of the full board, the applicant will receive certification from DCJS. (CJSB review of application packages will coincide with regularly scheduled meetings of the CJSB).

Once a community is certified or fails to be certified, DCJS staff will notify the certification coordinator within five working days of the status. The local certification coordinator has the responsibility of notifying the local governing body, law enforcement executive, and any others the community requires. The timeline for any appeal begins with the notification of the certification coordinator.

APPEALS

If an applicant is denied certification by the subcommittee of the Criminal Justice Services Board (CJSB), DCJS will notify the certification coordinator of the community of the denial. The applicant community may attend and speak at the full CJSB meeting in which the motion to deny the application is made by the subcommittee or the community will otherwise have 30 days in which to notify the Director of DCJS of its intention to appeal. Upon receiving an appeal request, DCJS will hold an appeal hearing with the CJSB at their next available meeting. The locality will meet with the CJSB and present its appeal. All decisions by the CJSB will be final and binding.

RECERTIFICATION

Certified localities will retain their certification for a period of three (3) years, after which they are subject to annual verification of the programs listed in their initial applications. This process may include on-site verification.

Certified localities must complete a reassessment process every three years to maintain certification.

REVOCATION OF CERTIFIED STATUS

The CJSB, upon recommendation from DCJS, reserves the right to revoke the certification status of any locality for good cause. This action will only be taken when all reasonable compliance efforts have failed. In the event of revocation of the certified status, the community will have thirty (30) days to remove all Certified Crime Prevention Community signs, and to cease the use of the logo and claim of certification under this program.

Virginia Department of Criminal Justice Services 5 DCJS | CERTIFIED CRIME PREVENTION COMMUNITY PROGRAM – Certification Manual

CORE COMMUNITY SAFETY ELEMENTS

This section of the manual lists and describes each core element of the program. Each description is followed by a Responsibility section, which lists local agencies and organizations that should play a role in implementing that element. Next, a Rationale section is provided for each element to explain its inclusion in the program. Finally, and where appropriate, Suggested Implementation Plan and Suggested Goals sections are provided to give guidance to localities implementing core elements for the first time.

1. Develop a local community crime prevention/community safety council or coalition.

Responsibility (should include at a minimum the following): Law Enforcement, Schools, Social Services, Businesses/Corporations, Community Groups/Citizens, Youth Service organizations, elected officials/local government.

Rationale: Community safety is not the domain of any one agency or organization. To have an effective and successful community safety effort, a multi-disciplinary, interagency Crime Prevention or Community Safety Council needs to be created. A council of this nature can then help set the tone and direction for all community safety efforts at the local level. It should include professionals from law enforcement, community planning, youth services, schools, public housing, social services, economic development working in partnership with faith-based institutions, businesses, and other community and civic organizations.

Suggested Implementation Plan:

a. Identify local government agencies, citizens, community groups that should be a part of a local comprehensive crime prevention/crime control planning effort, and that have a stake in the certification process (include at least one person with 24 hours of Crime Prevention Through Environmental Design (CPTED) training).

b. Determine whether an existing community task force, coalition of advisory committee may already contain all or most of these elements. If so, the existing group (or a subcommittee of that group) may agree to function in the required capacity of a crime prevention/community safety council.

c. Schedule a meeting to discuss the goals of crime prevention/crime control planning as well as the certified crime prevention community program.

d. Develop goals and objectives for coalition

e. Assign tasks to individual members or create subcommittees

f. Conduct resource inventory

Suggested Goals: a. Involvement in zoning and/or building site plan reviews. b. Coordinate the Community Crime Prevention certification effort. c. Study, plan and develop procedures to prevent, reduce or control crime and delinquency problems. d. Establish and promote clear, healthy standards of community behavior. e. Develop crime analysis procedures/programs to identify communities or neighborhoods with significant crime and delinquency problems. f. Improve awareness and accessibility of government services to target at-risk communities, neighborhoods, or populations.

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g. Develop or revise existing crime and delinquency prevention guidelines or policies for community planning, youth services, economic development, schools, transportation, or public housing. h. Provide crime prevention technical assistance to planners, developers, architects, and builders. i. Develop community-wide crime and delinquency prevention plan. j. Increase target neighborhood participation in the governing process (i.e., council meetings, zoning hearings, budget hearings, etc.). k. Decrease incidence of crime and delinquency such as robbery, sexual assault, burglary, and vandalism. l. Assist locality in setting priorities for grant proposals submitted to DCJS and other relevant agencies.

1. A DCJS-certified crime prevention specialist assigned to crime prevention duties in the law enforcement agency.

Responsibility: Law Enforcement.

Rationale: While the delivery of crime prevention services should be the responsibility of all personnel within a law enforcement agency, there remains a need for a designated staff person who directs, manages, and coordinates crime prevention activities while also serving as a resource for the agency’s effort. Making this person a DCJS-certified crime prevention specialist per the Code of Virginia § 9.1-161 will ensure that they are current and knowledgeable in the whole field of crime prevention strategies, techniques, and philosophy. In turn, having a certified crime prevention specialist on staff will increase the professionalism of the local law enforcement agency and ensure that the locality can take full advantage of the latest developments in crime prevention.

Crime Prevention Specialist Certification Eligibility: (from 6VAC20-180-30 Regulations Relating to Certification of Crime Prevention Specialists)

a. Any employee (sworn, non-sworn, or volunteer) of a local, state or federal government agency who serves in a law-enforcement, crime prevention, or criminal justice capacity is eligible to be trained and certified as a crime prevention specialist.

b. The agency administrator of any local, state or federal government agency, or college or university may designate one or more employees in his department or office who serve in a law-enforcement, crime prevention, or criminal justice capacity to be trained and certified as crime prevention specialists. Applicants for recertification shall be recommended by the agency administrator or his designee. Application shall be made on the Crime Prevention Specialist Certification Application– Form A.

c. All crime prevention specialist applicants provided for in this chapter shall be approved only on recommendation of a law enforcement agency having jurisdiction where the crime prevention specialist shall serve.

d. This chapter does not limit or prohibit the chief executive of any local, state or federal government agency from assigning personnel to crime prevention tasks who are not certified as crime prevention specialists.

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Crime Prevention Specialist Certification Requirements: (from 6VAC20-180-40 Regulations Relating to Certification of Crime Prevention Specialists)

Applicants shall have: a. Been certified as a general law enforcement instructor within the past five years, or successfully completed a comparable instructor development course approved by DCJS.

b. Received 40 hours of approved introductory crime prevention training. Completion of the following compulsory minimum training topics is required for designation as a crime prevention specialist:

◼ Theory and Practice of Crime Prevention ◼ Neighborhood Watch ◼ Home and Business Security ◼ Security Liability ◼ Security Hardware (locks, lighting, and alarms) ◼ Personal Safety ◼ Crime Prevention Through Environmental Design ◼ Security Assessments

c. Received 80 hours of additional crime prevention training within the past five years of the date of application. This additional training must address at least four of any of the following topics:

◼ Crime Prevention Through Environmental Design ◼ Community-Policing ◼ Crime Analysis ◼ School Safety and Security ◼ Security Lighting ◼ Computer Security ◼ Managing Volunteers ◼ Grant and Proposal Writing ◼ Legislation, Ordinance and Regulation Development ◼ Prevention of Youth Violence ◼ Prevention of Family Violence ◼ Drug Abuse Prevention ◼ Public Speaking ◼ Media Relations ◼ Homeland Security/Terrorism Prevention ◼ White Collar Crime ◼ Identity Theft ◼ Victim Witness Services ◼ Crime Prevention for Seniors ◼ Code Enforcement/Nuisance Abatement ◼ Other topics approved by DCJS

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d. At least three years of experience in a law enforcement, crime prevention, or criminal justice government agency.

e. At least one year experience, within the past five years of the date of application, in providing crime prevention services. Such experience shall have included:

◼ Developing and maintaining Neighborhood or Business Watch groups. ◼ Conducting security assessments of homes and businesses. ◼ Making public presentations on home or business security and personal safety. ◼ Distributing crime prevention information to the public. ◼ Other experience approved by DCJS.

f. DCJS may waive all or part of the prescribed training requirements upon review of relevant crime prevention certifications awarded by recognized criminal justice or security organizations or by other state criminal justice agencies. These certifications will be reviewed on a case-by-case basis.

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Crime prevention specialist certifications awarded by organizations or other states will be reviewed on a case-by-case basis.

Suggested Goals: To ensure the agency has a Certified Crime Prevention Specialist with experience in the most common crime prevention duties. (See section e above)

1. A neighborhood watch program with training and documented support of watches.

Responsibility (should include at a minimum the following): Law Enforcement, Community Groups/Citizens.

Rationale: Neighborhood Watch has proven to be one of the most effective means by which citizens, in concert with law enforcement, can collectively reduce the opportunity for crime. While it is anticipated that citizens will take ownership of their watch programs, law enforcement and other agencies must provide the leadership and ongoing direction for such programs. With the help of prepared lesson plans, community safety planners or law enforcement organizations can explain to communities how to organize watch programs and provide support once they are organized.

Suggested Implementation Plan:

a. Form planning committee of interested citizens and law enforcement (can be a subcommittee of crime control planning committee).

b. Determine extent and nature of crime in target area (can be done in conjunction with crime control planning committee efforts).

c. Conduct victimization survey of potential neighborhood watch areas.

d. Map target neighborhood(s).

e. Identify a potential watch coordinator and block captains.

f. Select date, time, and location for initial Neighborhood Watch meeting.

Suggested Goals:

a. Post Neighborhood Watch signs and decals.

b. Develop crime prevention training for neighborhood watch members.

c. Assist in the production and promotion of National Night Out activities and events.

d. Offer risk assessments to homeowners in neighborhood watch areas.

e. Develop a Neighborhood Watch newsletter.

1. Community policing or a crime control planning process.

Responsibility (should include at a minimum the following): Law Enforcement, Schools, Social Services, Businesses/Corporations, Community Groups/Citizens, Youth Service organizations, elected officials/local government.

Rationale: As previously mentioned, the control of crime is the responsibility of the entire community.

Therefore, law enforcement must work in partnership other government agencies and community organizations to plan and implement community safety/crime control strategies. The community must be engaged in the process to enable those affected by crime to articulate their perceptions of problems and solutions. The planning process should be formalized to ensure the development of effective short- and long-term overall community safety plans and the development of plans to help address specific areas in

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the community that have been identified as crime risks. Other essential pieces in the community crime control planning process are:

◼ An identifiable/designated group (e.g., CCJB, Communities That Care group, Community Crime Prevention Council) tasked with planning responsibility.

◼ At least one member on the group with 24 hours of CPTED training.

◼ Involvement in site plan review.

1. Organized distribution of community safety information (literature, videos, social media, internet resources) to citizens.

Responsibility (should include at a minimum the following): Law Enforcement, Social Services, Businesses/Corporations, Community Groups/Citizens, Youth Service organizations, Elected officials/local government.

Rationale: Distribution of community safety literature serves three purposes: It increases the community’s awareness of crime and specific criminal activity; it provides suggestions/ activities to reduce or remove the opportunity for crime; and it can be used to build a community safety presence or to forge consensus among groups or interests as to how to approach a particular crime problem. The community safety planners and the crime prevention unit of the local law enforcement agency should develop or obtain the public awareness material and work with other agencies to disseminate it.

Suggested Implementation Plan:

a. Form interagency team comprised of members from law enforcement, social services, youth services, community groups, religious institutions, etc. (could be a subcommittee of crime prevention/community safety council)

b. Conduct public awareness resource inventory to determine what public awareness materials currently exist at the local level.

c. Determine short-term and long-term public awareness needs based on identified community safety issues.

d. Conduct content assessment of current materials or programs to determine if updates are necessary.

e. Determine most effective vehicle(s) for distributing information.

Suggested Goals:

a. Establish a local clearinghouse for information on all aspects of community safety and prevention.

b. Provide up-to-date information on criminal activity and community safety tips in the locality to the public.

c. Conduct specialized public awareness events targeting populations at high risk for criminal victimization.

d. Utilize the internet to locate global community safety resources.

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1. Designation of a person or committee trained to conduct community security and safety assessments of at-risk neighborhoods and businesses.

Responsibility: Law Enforcement.

Rationale: At-risk neighborhoods are often the source of many jurisdiction-wide community safety problems. These neighborhoods often experience a multitude of problems beyond just crime problems. To address the entire range of safety needs for these neighborhoods and the community at-large, community safety planners and law enforcement, working in conjunction with all appropriate government agencies and community organizations, should identify at-risk businesses, schools, and neighborhoods and recommend an assessment be done to identify problems by type, location, time, and other critical factors.

Once the problems are identified, resources should be pooled to achieve the greatest impact on those problems.

Suggested Implementation Plan:

a. Determine extent and nature of crime in the locality through an analysis of Part 1 crime statistics and statistics on “quality of life” crimes (can be done in conjunction with crime control planning committee efforts).

b. Identify target areas or “hot spots” in the locality that are candidates for risk assessments.

c. Determine if risk assessments are most efficiently conducted by a single staff person assigned to do risk assessments in the local law enforcement agency, or by a committee composed of community planners, law enforcement, zoning and code enforcement personnel.

d. If a committee is required, schedule a meeting to discuss the goals of security survey committee.

e. Develop goals and objectives for committee.

f. Develop plan for conducting risk assessments on both a short-term and long-term basis.

g. Develop follow-up procedures to determine progress in correcting problems in target areas identified by risk assessments.

Suggested Goals:

a. Reduce occurrence of “quality of life” crimes.

b. Hold property owners accountable for dilapidated properties.

c. Develop new zoning ordinances to combat blight.

d. Incorporate safety surveys into neighborhood watch activities.

1. Functional crime analysis capability.

Responsibility: Law Enforcement Agency.

Rationale: Community safety initiatives can only be proactive if community safety planners or law enforcement understand the extent and nature of crime in the community, or within a specific neighborhood, and then work with various appropriate agencies to devise strategies to reduce the opportunity for crime to occur. To this end, planners must first know what the community safety problems are as well as when, where, how, why and to whom they occur. Without this information, it is virtually impossible to develop community safety strategies that address specific community safety problems.

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Suggested Implementation Plan:

a. Form a task force or committee to guide the direction of the crime analysis program, assist in integrating it into the current organizational structure, and ensure that the needs of groups utilizing crime analysis data are being met.

b. Designate or hire crime analysts to manage the day-to-day operations of the crime analysis unit.

c. Identify “customers” of the crime analysis unit and form a committee to solicit their input concerning the products of the unit (can be a subcommittee of the crime control planning committee).

Suggested Goals:

a. To provide early identification of crime patterns.

b. To determine detailed scope, volume, and nature of criminal activity in the locality.

c. To provide crime-specific information to develop appropriate prevention and suppression tactics.

d. To provide special impact reports on events or projects which affect criminal activity

e. To facilitate the implementation of community policing by providing critical crime-related information to address neighborhoods or community specific problems.

f. To identify specific populations in the locality that direct impact crime.

g. To facilitate the exchange of timely crime data with surrounding jurisdictions and criminal justice agencies.

1. A comprehensive school safety audit process conducted by trained members of a local school safety team (applicable only to jurisdictions operating schools).

Responsibility (should include at a minimum the following): Law Enforcement, Schools, Community Groups/Citizens.

Rationale: To build on efforts to ensure that Virginia’s schools are “safe havens”, communities should support local school boards by serving on school safety teams that are responsible for conducting safety audits. The audit process is based on the School Safety Audit Protocol, developed in response to the Code of Virginia § 22.1-279.8, which has become the standard audit protocol for the state. The audit is a site-based activity, and the audit team must coordinate on-site activities with the school principal.

Suggested Implementation Plan:

Localities should follow the School Safety Audit Protocol for guidance on implementing this element.

Localities shall report on their compliance to all elements contained in the Code of Virginia § 22.1-279.8, including critical incident plans, lockdown drills, physical security CPTED checklist, etc.

Suggested Goals:

a. Reduce vandalism and other property crimes on school grounds.

b. Reduce the incidence of school violence and threats from outside sources.

c. Establish a priority list of recommendations for remedial actions in audited schools with a timetable for implementation.

d. Provide support and resources to the school, insofar as possible, in planning and implementing school safety initiatives.

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1. A business outreach program with training and documented support of watches.

Responsibility (should include at a minimum the following): Law Enforcement, Businesses/Corporations.

Rationale: A business anti-crime council or Business Watch can establish links among businesses, as well as improve communication between businesses and the police. It helps reduce crimes in commercial areas, particularly shoplifting, theft, burglaries, purse snatching, drug dealing, and vandalism. Business Watch activities should include crime reporting, Operation Identification (marking equipment, etc., with traceable identification numbers), conducting commercial security surveys, providing training on robbery, burglary and fraud prevention, as well as personal safety for merchants and employees. A business leader acts as block security chief for participating businesses, and a police officer serves as liaison with the Watch.

Suggested Implementation Plan:

a. Form a planning committee of business leaders and law enforcement (can be a subcommittee of crime control planning committee). b. Determine extent and nature of crime in target neighborhood(s) (can be done in conjunction with crime control planning committee efforts). c. Conduct victimization survey in target neighborhood(s). d. Map target neighborhood(s). e. Identify a potential watch coordinator and block captains. f. Select date, time, and location for initial Business Watch meeting(s).

Suggested Goals:

a. Reduce workplace violence, burglary, robbery, and internal “shrinkage”. b. Post Business Watch signs and decals. c. Develop crime prevention training for employees of area businesses. d. Encourage and assist in the development of a published “Code of Ethics” for area businesses. e. Offer risk assessments to area businesses. f. Develop a Business Watch newsletter. g. Encourage and assist in the development of security and loss prevention policies for area businesses. h. Encourage the incorporation of loss prevention, security, crime prevention topics in initial employee training and orientation.

10. An on-site victim/witness services program or an organized referral process to programs in neighboring jurisdictions.

Responsibility (should include at a minimum the following): Law Enforcement, Social Services or Victims Services organization.

Rationale: The most important step in recovering from a crime is to talk to someone you trust. It is normal for crime victims to have conflicting feelings and thoughts. As a result of being victimized, victims may go through many emotions such as fear, confusion, guilt, anger, frustration, irritability, helplessness, low self-esteem, depression, difficulties with concentration, and/or trusting others. While these reactions are normal, many find it useful to discuss freely and confidentially any problems or emotions they are experiencing. Victim/Witness programs provide that bridge to recovery for victims of crime. They also serve

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to educate victims about their rights under Virginia’s Crime Victim and Witness Rights Act and the services that are available to aid in their recovery.

11. A delinquency prevention program targeting at-risk youth.

Responsibility (should include at a minimum the following): Law Enforcement, Schools, Social Services, Businesses/Corporations, Community Groups/Citizens, Youth Service organizations, Elected officials/local government.

Rationale: Despite an overall reduction in violent crime and arrest rates in Virginia over the last ten years, juvenile crime and arrests remain at unacceptable levels. Males between the ages over 15 and 24 are disproportionately involved in narcotic sales and homicide. Fifty percent of violent felony offenders convicted in Virginia between 1995 and 1997 were under 25 years of age. Minority youth are still arrested and convicted for violent offenses and drug offenses in disproportionate numbers. Clearly, the needs of at-risk youth should be addressed and a focus placed on proactive solutions and strategies that serve youth before they become offenders or victims.

From a prevention standpoint, community-wide collaborative planning stands out as the best way to identify risk and protective factors for youth, identify existing resources addressing the risk factors, and devise short- and long-term strategies to meet identified gaps in services for youth. This approach can lead to the develop of well-balanced programs for at-risk youth, ranging from mentoring programs to athletic leagues for at-risk youth to a Serious Habitual Offender Comprehensive Action Program (SHOCAP) or similar youth habitual offender programs.

Suggested Implementation Plan:

a. Form a planning committee consisting of local social services and youth service agencies, law enforcement, businesses, churches, individuals, etc. concerned with delinquency prevention (could be subcommittee of the community crime prevention council).

b. Conduct risk assessment to identify risk factors (community, family, school, and individual/peer) having an impact on delinquent behavior at the local level.

c. Identify existing protective factors and resources currently in place to address risk factors.

d. Develop a delinquency prevention plan which include programs designed to address gaps in current delinquency prevention services aimed at at-risk youth (could include, but not be limited to, truancy abatement, gang resistance education, school/community-based after school programs, bullying prevention, and anger management).

e. If necessary, develop appropriate Juvenile Justice and Delinquency Prevention (JJDP) Act grants to fund projects outlined in delinquency prevention plan.

Suggested Goals (dependent on results of risk assessment):

a. Reduce truancy and school dropout rates

b. Reduce school violence

c. To develop long term delinquency prevention strategies

d. Reduce substance abuse

e. Reduce teenage pregnancy

f. Increase protective factors for youth

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12. Local law enforcement agency must either be accredited or seeking accreditation from the Virginia Law Enforcement Professional Standards Commission (VLEPSC) or a nationally recognized program such as the Commission on Accreditation for Law Enforcement Agencies (CALEA).

Responsibility: Law Enforcement.

Rationale: Local law enforcement agencies will have a crucial, indispensable role in helping localities to achieve and maintain certified crime prevention community status. Therefore, it is important that these agencies be able to demonstrate consistently that they meet minimum standards of professionalism and service. Accreditation assists law enforcement agencies in meeting basic standards of performance, which, in turn, can serve proof that a locality is committed to maintaining its certification status. Virginia accreditation is virtually cost-free, and therefore does not represent an obstacle to achieving minimum professional standards. Technical assistance and training are readily available from DCJS.

Any agency seeking accreditation at the time of certification must achieve accreditation to be eligible for re-certification in the Certified Crime Prevention Community Program.

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OPTIONAL COMMUNITY SAFETY ELEMENTS

This section of the manual lists and briefly describes each optional community safety element of the program. If additional information is needed for implementation of an element, the certification coordinator should contact the DCJS staff for assistance. Localities must have a minimum of seven elements from this list to qualify for certification.

1. Virginia Rules (formerly Class Action), D.A.R.E., or a similar school-based law-related education program.

D.A.R.E. began in 1983 in Los Angeles. It began as a joint effort between the Los Angeles Police Department and the Los Angeles Unified School District. Educators and Police created the curriculum. The D.A.R.E. curriculum is based on research which indicates that effective instruction must focus on providing accurate information, coping and decision-making skills, and positive alternatives to substance abuse. A unique feature of D.A.R.E. is that it uses law enforcement officers as instructors. D.A.R.E. officers receive intensive training to enable them to effectively teach in the classroom.

Virginia Rules is a law-related curriculum taught by law enforcement officials to middle and high school students across the Commonwealth. The goal of the Virginia Rules Parent Program is to provide parents and legal guardians with an understanding of their legal rights and responsibilities.

1. McGruff or Other Safe House Program

A Safe House Program commits its efforts to providing a safety network for all children through the establishment of Safe Houses (temporary havens for children in threatening situations), ready to assist children in emergency situations. The Safe House program must have strict standards of behavior for those who volunteer to participate and offers a reliable alternative for children to gang recruitment, violent crime, and drug activity in inner-city, suburban, and rural communities.

1. Employee Watch Program

A Neighborhood Watch program is only effective when the people involved are available to watch the neighborhood in which they live. When people are absent from neighborhood because of work or other reasons, it becomes vulnerable. The Employee Watch program was developed to assist Neighborhood Watch programs with general watch functions when Neighborhood Watch members are unavailable. It seeks to train and equip professionals such as postal carriers, delivery truck drivers, meter readers, utility repairmen, maintenance personnel, etc. to serve watch and alert law enforcement to suspicious activities during their normal duties in neighborhoods in a locality.

1. TRIAD Program

TRIAD was established when three national organizations agreed that the elderly could better be protected by cooperative efforts. The relationship was cemented when three organizations – American Association of Retired Persons (AARP), International Association of Chiefs of Police (IACP), and the National Sheriffs’ Association (NSA) – signed a cooperative agreement. Triad works at the local level to improve the quality of life for seniors by providing an active exchange of information between local law enforcement and seniors.

One of its major purposes to develop, expand and implement effective crime prevention and education programs for older Virginians.

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1. National Night Out

The “Annual National Night Out” (NNO), is a unique crime/drug prevention event sponsored by the National Association of Town Watch (NATW). National Night Out is held once a year on the first Tuesday in August and is designed to: heighten crime and drug prevention awareness; generate support for, and participation in, local anticrime programs; strengthen neighborhood spirit and police-community partnerships; and send a message to criminals letting them know that neighborhoods are organized and fighting back.

1. Crime Solvers/Stoppers

Crime Stoppers began in Albuquerque, New Mexico in 1976. Members of the local community, in partnership with the media and law enforcement, began an effort to provide crime-solving assistance to law enforcement. A cash reward was offered to anonymous persons who telephone the Crime Stoppers hot line with information that led to the arrest and indictment of the person(s) responsible for felony offenses. The Crime Stoppers programs worldwide have solved millions of crimes and recovered billions of dollars’ worth of stolen property and narcotics.

1. Gun Safety Program

Programs designed for adults and children which not only teach how to properly store guns to maximize safety in the home, but also teach children what to do when if they encounter guns in their daily lives (e.g., the Eddie Eagle Gun Safety Program).

1. Crime Prevention Newsletter

A regularly published newsletter providing information on local crime prevention events, local crime trends, new crime prevention programs, crime prevention tips, etc. Usually published by a local Neighborhood Watch coalition or police department.

1. School Resource Police Officer

School violence has been described as “juvenile violence that takes place in a school setting.” An appropriate and effective response to this problem is to establish comprehensive school safety programs which communities can use to ensure the safety and security of public schools. A school resource officer (SRO) program is an example of a program that combines the efforts of educators, law enforcement officers, students, and parents to prevent and/or break the cycle school violence. While an SRO is first and foremost a law enforcement officer, a successful SRO program incorporates a community-oriented policing philosophy in which the SRO works with youth, school personnel, and the public to solve school-related violence and crime issues.

10. Annual Crime Prevention Awards

Applicant should establish or maintain an awards program that seeks to recognize outstanding efforts being made in crime prevention at the local level by citizens, law enforcement and other service organizations and community groups.

11. Campus Crime Prevention Outreach

Efforts made by local law enforcement agencies to educate college students in their jurisdiction on crime prevention and campus safety. These programs can and are often initiated by on-campus police departments. Issues that are typically tackled in an outreach program are dorm safety, date rape, alcohol and drug abuse issues, personal safety on campus, etc.

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12. Crime Prevention Speaker’s Bureau

A centralized file or listing of subject matter experts available to give lectures and/or training on different crime prevention topics at the local level.

13. Domestic Violence Response Program

Domestic violence programs are designed to provide information, resources, and general assistance to women who have been the victims of violence. Ideally, these programs should be certified by the Virginia Sexual and Domestic Violence Action Alliance to ensure competent, comprehensive services at the local level.

14. Inter-agency Code Enforcement Teams

Code enforcement teams are designed to combat code problems on public and private property that serve to encourage crime and criminal activity as suggested by the “broken window” theory proposed by Wilson and Kelling. Teams are usually made up of representatives from various local agencies responsible for code enforcement and community safety, including police officers, fire officials, building and zoning inspectors, etc.

15. School-based Violence Prevention Curriculum

School-based violence prevention programs are wide ranging in variety, from those that seek to provide conflict resolution skills for students to peer group mediation to mentoring to programs that deal with self-esteem issues.

All these programs have the ultimate goal of helping to reduce the number of young people who are either perpetrators, victims, or witnesses of violence. As there is no “one size fits all” solution, localities must evaluate their own issues with youth/school violence and determine the most appropriate way of addressing it.

16. Cooperative Agreements Between Jurisdictions Around Crime/Community Safety Issues

Cooperative agreements between neighboring jurisdictions are designed to facilitate the exchange of information regarding crime/community safety issues. With a cooperative agreement, neighboring jurisdictions can access information from one another regarding crime trends, suspects, etc. that may have previously been difficult or impossible to obtain.

17. Crime Prevention in Public Housing

In many localities in Virginia, public housing is often the source of crime problems affecting not just public housing but the entire jurisdiction. Public housing residents are often victimized at greater rates than members of the surrounding community are. Recognizing this, many localities work in partnership with local law enforcement and HUD to provide crime prevention services for public housing residents. Programs can range from providing an on-site safety and security director to using local crime prevention officers to begin tenant patrols programs to developing diversion programs for at-risk youth, etc.

18. Contact List and Process for Crime Prevention Liaison with Community Leaders and Groups

A formal list maintained by the local crime prevention unit, which provides names and contact information for community leaders and groups involved in crime prevention/community safety efforts.

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19. Anti-crime, Anti-violence and Drug Interdiction, and Education Policies in Schools

Policies enacted to curb school violence and drug use.

20. Fatherhood Responsibility/Accountability Initiative

Fatherhood initiatives are designed to assist parents who are willing but unable to pay their child support or play an active role in the lives of their children. They can include components such as skills/job training, job placement, vocational training, parenting classes, GED classes, premature fatherhood prevention, etc.

21. YAADAP

The Youth Alcohol and Drug Abuse Prevention Project (YADAPP) helps high school students and adult sponsors to assume positive peer leadership roles towards the goal of safe and drug-free schools and communities. YADAPP accomplishes this by providing school teams a variety of training opportunities including motivational speakers, informational workshops, and experience in developing action plans for implementation in their schools.

22. Truancy Prevention Initiatives

Truancy prevention initiatives can be any initiatives designed to combat the root causes of truancy.

Initiatives can include tutoring programs, drug prevention initiatives, mentoring efforts through community and religious groups, campaigns for involving parents in their children’s school attendance, and referrals to social service agencies.

23. School Crime Lines

A school-based reporting system or process designed to encourage and provide to students an anonymous method of reporting incidents of crime and violence that occur either on or off school property.

24. Pretrial Services Program

Pretrial services programs, as authorized by the Pretrial Services Act, provide defendant background information to assist judicial officers in making bail release decisions and conditions of release, in addition to supervising defendants when released to the custody of the program.

25. Any Other Programs Deemed Appropriate by the Criminal Justice Services Board

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POLICIES

◼ Time Limit for Application Package Development Process

Applicability: This policy specifically applies to localities that are enrolled in the program.

Policy: Localities enrolled in the program will have a maximum of 12 months from the recorded start date to meet the program requirements. This includes implementing programs needed to satisfy core and/or optional elements. If necessary, an extension of up to six months may be granted upon reasonable request.

Localities failing to complete the program requirements within the time allotted will be required to reapply.

◼ Preference in DCJS Byrne-JAG Fund application process

Applicability: This policy specifically applies to localities that are either seeking certification or have already been certified.

Policy: Localities that are seeking certification under the Certified Crime Prevention Community Program, either as new applicants or recertification applicants, will have preferred status in the state criminal justice grant application process for all grants administered by DCJS under the Edward R. Byrne Justice Assistance Grant (JAG) Fund Program. Special consideration will be given to those localities that are seeking grants specifically to implement programs that satisfy core requirements of the certification process. Grants are awarded based on the availability of funding.

Definitions: Preference points – DCJS grants program managers of each funding category under the Byrne program will award a set number of points, percentage points, or other pre-established selection criteria elements to the localities participating in the in the Certified Crime Prevention Community (CCPC) Program.

These preference points will count towards the final numerical score or selection criteria given to a particular grant application during the grant review process. They will total no more than 10% of the maximum numerical score that can be given in the review process.

Program managers will use a scale in which the maximum number of preference points go to grant applicants enrolled in the CCPC program and seeking a grant specifically to implement a program satisfying core requirements of the certification process. Grant applicants certified under the CCPC program and grant applicants enrolled in the CCPC program but only seeking general grant opportunities will receive half of the maximum number of points available under this policy. CCPC preference points will not be awarded under this policy to grant applicants not enrolled in the CCPC program.

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Virginia Department of Criminal Justice Services www.dcjs.virginia.gov

TABLE OF CONTENTS

INTRODUCTION ...................................................................................................................... 2

CERTIFICATION PROCESS ........................................................................................................ 3

APPEALS .................................................................................................................................. 5

RECERTIFICATION ................................................................................................................... 5

REVOCATION OF CERTIFIED STATUS ...................................................................................... 5

CORE COMMUNITY SAFETY ELEMENTS .................................................................................. 6

OPTIONAL COMMUNITY SAFETY ELEMENTS ........................................................................ 17

POLICIES ................................................................................................................................ 21

Revised October 2018

Updated February 2023

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INTRODUCTION

In his 1998 Executive Order, Governor Gilmore created the New Partnership Commission for Community Safety, tasked with advising on initiatives to promote community, youth, and family safety. The Commission has since assessed local needs and helped address safety issues.

The Commission identified outstanding community safety programs and created the Governor’s New Partnership Community Safety Awards to recognize them.

Following the Awards, the Commission asked DCJS to recommend programs fostering local community safety initiatives. DCJS proposed the Certified Crime Prevention Community Program, based on a 1993 Virginia Crime Commission study, to recognize localities implementing specific safety strategies. The Commission approved unanimously.

As one of the first nationwide, the program encourages localities to develop and update collaborative safety plans within a flexible framework. Certification requires meeting 12 core strategies plus at least seven optional elements from DCJS or proposed locally.

Rooted in the 1993 Crime Commission study, the program expanded to include strategies to reduce citizen fear, youth violence, gangs, and drug involvement. Local efforts are required, with significant rewards.

This manual provides detailed guidance on all aspects of the program, from application to certification and recertification.

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CERTIFICATION PROCESS

The certification process has four phases: Enrollment, Application Development, Review/Verification, and Board Review.

1. Enrollment Phase

Requesting an Enrollment Package Potential applicants download the enrollment package from the DCJS website (http://www.dcjs.virginia.gov). The enrollment package contains: ◼ the program manual ◼ the statement of intent form ◼ sample resolution of participation to be adopted by the locality

Complete and return the statement of intent and council resolution to DCJS to start the process. Select a local certification coordinator as the contact.

1. Application Package Development Phase

Program Orientation Upon receipt of the enrollment form and resolution form, DCJS will contact the local designated certification coordinator to discuss the program manual and provide assistance. During this orientation contact, DCJS may: ◼ Present a brief background and history of the program ◼ Review the program manual with the certification coordinator and answer any questions about the program. ◼ Provide the certification coordinator insight into proven methods for organizing the volume of work and obtaining necessary information from the local points of contact for each element.

Assessment of Local Crime Prevention/Community Safety Services Applicants must submit written summaries of each core (I-XII) and optional (I-VII) program element via email for review. Multiple drafts are allowed but submitting large groups may delay processing. Use single-spaced, 12-point font on 8.5x11 pages, divided into four sections.

1. A detailed history of the program (max five pages).
2. Program accomplishments to date.
3. Program goals and objectives (with numbered objectives per goal).

• Each goal must have at least three time-specific, measurable objectives.

1. Evaluation of program effectiveness (e.g., survey data, crime trends, anecdotal info, relevant statistics).

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Additional documentation may be submitted as proofs during final verification, including:

◼ Media coverage of the program (e.g., news articles, public service announcements (PSAs), video clips, etc.);

◼ Future goals and objectives for the program;

◼ Any other information deemed relevant by applicant.

Analysis of Gaps in Services Applicants should self-assess to identify service gaps. Proposed new programs to address these gaps must include:

◼ A program description which relates to the particular core or optional element the proposed program is designed to meet;

◼ Goals and objectives for the proposed program;

◼ An implementation plan which includes a timetable;

◼ An evaluation plan.

This info should be submitted to DCJS for the application file but is not sufficient to advance to review.

1. Application Package Review/Verification Phase/Verification Phase

Staff review involves DCJS evaluating submitted program summaries and plans for completeness, effectiveness, and goals, recommending corrections as needed.

Verification Process

◼ Upon completion of a final summary product, DCJS will contact the applicant to arrange a date and time for on-site verification of documented programs, or to receive a completed submission document. A completed submission will include element summaries and all proofs necessary to verify the efforts and success of the elements. These proofs should not be submitted in the element draft summaries but rather submitted with the final document for review.

◼ Upon completion of the verification process, DCJS will notify the applicant of any final problems needing correction. Applicants may be given a remediation and correction period of 30 days.

Once complete, DCJS staff will prepare the certification brief and final documents for CJSB subcommittee review.

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1. Board Review Phase

After on-site verification, DCJS will present applicant info to a CJSB subcommittee for approval; if recommended, full Board approves, and applicant receives certification. CJSB reviews coincide with scheduled meetings.

DCJS staff will notify the certification coordinator within five days of certification status; the coordinator must notify local officials. Appeal timeline starts upon notification.

APPEALS

If denied by CJSB subcommittee, DCJS will notify the community; they may attend or appeal within 30 days. DCJS will hold an appeal hearing; CJSB decisions are final.

RECERTIFICATION

Certified localities retain certification for three years, then undergo annual verification, possibly including on-site review.

Localities must complete a reassessment every three years to maintain certification.

REVOCATION OF CERTIFIED STATUS

CJSB, upon DCJS recommendation, may revoke certification for good cause after failed compliance efforts. Communities have 30 days to remove signs and cease using the logo and claims.

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CORE COMMUNITY SAFETY ELEMENTS

This section describes each core element, its responsibilities, rationale, and, where appropriate, suggested implementation plans and goals for new localities.

1. Develop a local community crime prevention/community safety council or coalition.

Responsibility should include Law Enforcement, Schools, Social Services, Businesses, Community Groups, Youth Organizations, and local officials.

Community safety requires a multi-disciplinary Crime Prevention or Community Safety Council including law enforcement, planning, youth services, schools, housing, social services, economic development, faith-based groups, businesses, and civic organizations.

Suggested Implementation Plan:

a. Identify local government agencies, citizens, community groups that should be a part of a local comprehensive crime prevention/crime control planning effort, and that have a stake in the certification process (include at least one person with 24 hours of Crime Prevention Through Environmental Design (CPTED) training).

b. Determine whether an existing community task force, coalition of advisory committee may already contain all or most of these elements. If so, the existing group (or a subcommittee of that group) may agree to function in the required capacity of a crime prevention/community safety council.

c. Schedule a meeting to discuss the goals of crime prevention/crime control planning as well as the certified crime prevention community program.

d. Develop goals and objectives for coalition

e. Assign tasks to individual members or create subcommittees

f. Conduct resource inventory

Suggested Goals: a. Involvement in zoning and/or building site plan reviews. b. Coordinate the Community Crime Prevention certification effort. c. Study, plan and develop procedures to prevent, reduce or control crime and delinquency problems. d. Establish and promote clear, healthy standards of community behavior. e. Develop crime analysis procedures/programs to identify communities or neighborhoods with significant crime and delinquency problems. f. Improve awareness and accessibility of government services to target at-risk communities, neighborhoods, or populations.

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g. Develop or revise existing crime and delinquency prevention guidelines or policies for community planning, youth services, economic development, schools, transportation, or public housing. h. Provide crime prevention technical assistance to planners, developers, architects, and builders. i. Develop community-wide crime and delinquency prevention plan. j. Increase target neighborhood participation in the governing process (i.e., council meetings, zoning hearings, budget hearings, etc.). k. Decrease incidence of crime and delinquency such as robbery, sexual assault, burglary, and vandalism. l. Assist locality in setting priorities for grant proposals submitted to DCJS and other relevant agencies.

1. A DCJS-certified crime prevention specialist assigned to law enforcement duties.

Responsibility: Law Enforcement.

While all law enforcement personnel should deliver prevention services, a designated DCJS-certified crime prevention specialist is needed to coordinate efforts, ensuring expertise, professionalism, and up-to-date strategies.

Crime Prevention Specialist Certification Eligibility: (from 6VAC20-180-30)

a. Any employee (sworn, non-sworn, or volunteer) of a local, state or federal government agency who serves in a law-enforcement, crime prevention, or criminal justice capacity is eligible to be trained and certified as a crime prevention specialist.

b. The agency administrator of any local, state or federal government agency, or college or university may designate one or more employees in his department or office who serve in a law-enforcement, crime prevention, or criminal justice capacity to be trained and certified as crime prevention specialists. Applicants for recertification shall be recommended by the agency administrator or his designee. Application shall be made on the Crime Prevention Specialist Certification Application– Form A.

c. All crime prevention specialist applicants provided for in this chapter shall be approved only on recommendation of a law enforcement agency having jurisdiction where the crime prevention specialist shall serve.

d. This chapter does not limit or prohibit the chief executive of any local, state or federal government agency from assigning personnel to crime prevention tasks who are not certified as crime prevention specialists.

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Crime Prevention Specialist Certification Requirements: (from 6VAC20-180-40)

Applicants shall have: a. Been certified as a general law enforcement instructor within the past five years, or successfully completed a comparable instructor development course approved by DCJS.

b. Received 40 hours of approved introductory crime prevention training. Completion of the following compulsory minimum training topics is required for designation as a crime prevention specialist:

◼ Theory and Practice of Crime Prevention ◼ Neighborhood Watch ◼ Home and Business Security ◼ Security Liability ◼ Security Hardware (locks, lighting, and alarms) ◼ Personal Safety ◼ Crime Prevention Through Environmental Design ◼ Security Assessments

c. Received 80 hours of additional crime prevention training within the past five years of the date of application. This additional training must address at least four of any of the following topics:

◼ Crime Prevention Through Environmental Design ◼ Community-Policing ◼ Crime Analysis ◼ School Safety and Security ◼ Security Lighting ◼ Computer Security ◼ Managing Volunteers ◼ Grant and Proposal Writing ◼ Legislation, Ordinance and Regulation Development ◼ Prevention of Youth Violence ◼ Prevention of Family Violence ◼ Drug Abuse Prevention ◼ Public Speaking ◼ Media Relations ◼ Homeland Security/Terrorism Prevention ◼ White Collar Crime ◼ Identity Theft ◼ Victim Witness Services ◼ Crime Prevention for Seniors ◼ Code Enforcement/Nuisance Abatement ◼ Other topics approved by DCJS

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d. At least three years of experience in a law enforcement, crime prevention, or criminal justice government agency.

e. At least one year experience, within the past five years of the date of application, in providing crime prevention services. Such experience shall have included:

◼ Developing and maintaining Neighborhood or Business Watch groups. ◼ Conducting security assessments of homes and businesses. ◼ Making public presentations on home or business security and personal safety. ◼ Distributing crime prevention information to the public. ◼ Other experience approved by DCJS.

f. DCJS may waive all or part of the prescribed training requirements upon review of relevant crime prevention certifications awarded by recognized criminal justice or security organizations or by other state criminal justice agencies. These certifications will be reviewed on a case-by-case basis.

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Crime prevention certifications from organizations or other states will be reviewed case-by-case.

Suggested Goals: Ensure the agency has a Certified Crime Prevention Specialist with experience in common duties. (See section e above)

1. A neighborhood watch program with training and documented support.

Responsibility (minimum): Law Enforcement, Community Groups/Citizens.

Rationale: Neighborhood Watch effectively reduces crime opportunity when citizens work with law enforcement. Agencies must lead and support programs with lesson plans and guidance.

Suggested Implementation Plan:

a. Form planning committee of interested citizens and law enforcement (can be a subcommittee of crime control planning committee).

b. Determine extent and nature of crime in target area (can be done in conjunction with crime control planning committee efforts).

c. Conduct victimization survey of potential neighborhood watch areas.

d. Map target neighborhood(s).

e. Identify a potential watch coordinator and block captains.

f. Select date, time, and location for initial Neighborhood Watch meeting.

Suggested Goals:

a. Post Neighborhood Watch signs and decals.

b. Develop crime prevention training for neighborhood watch members.

c. Assist in the production and promotion of National Night Out activities and events.

d. Offer risk assessments to homeowners in neighborhood watch areas.

e. Develop a Neighborhood Watch newsletter.

1. Community policing or crime control planning.

Responsibility (should include at a minimum the following): Law Enforcement, Schools, Social Services, Businesses/Corporations, Community Groups/Citizens, Youth Service organizations, elected officials/local government.

Rationale: Crime control is the community's responsibility.

Law enforcement must partner with government and community groups to plan and implement safety strategies. Community engagement is essential for effective safety plans addressing specific areas.

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the community that have been identified as crime risks. Other essential pieces in the community crime control planning process are:

◼ An identifiable/designated group (e.g., CCJB, Communities That Care group, Community Crime Prevention Council) tasked with planning responsibility.

◼ At least one member on the group with 24 hours of CPTED training.

◼ Involvement in site plan review.

1. Distribution of community safety info (literature, videos, social media, internet) to citizens.

Responsibility (should include at a minimum the following): Law Enforcement, Social Services, Businesses/Corporations, Community Groups/Citizens, Youth Service organizations, Elected officials/local government.

Rationale: Distribution of community safety literature serves three purposes: It increases the community’s awareness of crime and specific criminal activity; it provides suggestions/ activities to reduce or remove the opportunity for crime; and it can be used to build a community safety presence or to forge consensus among groups or interests as to how to approach a particular crime problem. The community safety planners and the crime prevention unit of the local law enforcement agency should develop or obtain the public awareness material and work with other agencies to disseminate it.

Suggested Implementation Plan:

a. Form interagency team comprised of members from law enforcement, social services, youth services, community groups, religious institutions, etc. (could be a subcommittee of crime prevention/community safety council)

b. Conduct public awareness resource inventory to determine what public awareness materials currently exist at the local level.

c. Determine short-term and long-term public awareness needs based on identified community safety issues.

d. Conduct content assessment of current materials or programs to determine if updates are necessary.

e. Determine most effective vehicle(s) for distributing information.

Suggested Goals:

a. Establish a local clearinghouse for information on all aspects of community safety and prevention.

b. Provide up-to-date information on criminal activity and community safety tips in the locality to the public.

c. Conduct specialized public awareness events targeting populations at high risk for criminal victimization.

d. Utilize the internet to locate global community safety resources.

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1. Designate a person or committee trained to conduct security and safety assessments of at-risk neighborhoods and businesses.

Responsibility: Law Enforcement.

Rationale: At-risk neighborhoods are often the source of many jurisdiction-wide community safety problems. These neighborhoods often experience a multitude of problems beyond just crime problems. To address the entire range of safety needs for these neighborhoods and the community at-large, community safety planners and law enforcement, working in conjunction with all appropriate government agencies and community organizations, should identify at-risk businesses, schools, and neighborhoods and recommend an assessment be done to identify problems by type, location, time, and other critical factors.

Once the problems are identified, resources should be pooled to achieve the greatest impact on those problems.

Suggested Implementation Plan:

a. Determine extent and nature of crime in the locality through an analysis of Part 1 crime statistics and statistics on “quality of life” crimes (can be done in conjunction with crime control planning committee efforts).

b. Identify target areas or “hot spots” in the locality that are candidates for risk assessments.

c. Determine if risk assessments are most efficiently conducted by a single staff person assigned to do risk assessments in the local law enforcement agency, or by a committee composed of community planners, law enforcement, zoning and code enforcement personnel.

d. If a committee is required, schedule a meeting to discuss the goals of security survey committee.

e. Develop goals and objectives for committee.

f. Develop plan for conducting risk assessments on both a short-term and long-term basis.

g. Develop follow-up procedures to determine progress in correcting problems in target areas identified by risk assessments.

Suggested Goals:

a. Reduce occurrence of “quality of life” crimes.

b. Hold property owners accountable for dilapidated properties.

c. Develop new zoning ordinances to combat blight.

d. Incorporate safety surveys into neighborhood watch activities.

1. Functional crime analysis capability.

Responsibility: Law Enforcement Agency.

Rationale: Community safety initiatives can only be proactive if community safety planners or law enforcement understand the extent and nature of crime in the community, or within a specific neighborhood, and then work with various appropriate agencies to devise strategies to reduce the opportunity for crime to occur. To this end, planners must first know what the community safety problems are as well as when, where, how, why and to whom they occur. Without this information, it is virtually impossible to develop community safety strategies that address specific community safety problems.

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Suggested Implementation Plan:

a. Form a task force or committee to guide the direction of the crime analysis program, assist in integrating it into the current organizational structure, and ensure that the needs of groups utilizing crime analysis data are being met.

b. Designate or hire crime analysts to manage the day-to-day operations of the crime analysis unit.

c. Identify “customers” of the crime analysis unit and form a committee to solicit their input concerning the products of the unit (can be a subcommittee of the crime control planning committee).

Suggested Goals:

a. To provide early identification of crime patterns.

b. To determine detailed scope, volume, and nature of criminal activity in the locality.

c. To provide crime-specific information to develop appropriate prevention and suppression tactics.

d. To provide special impact reports on events or projects which affect criminal activity

e. To facilitate the implementation of community policing by providing critical crime-related information to address neighborhoods or community specific problems.

f. To identify specific populations in the locality that direct impact crime.

g. To facilitate the exchange of timely crime data with surrounding jurisdictions and criminal justice agencies.

1. School safety audit by trained local school safety team (only for jurisdictions with schools).

Responsibility (minimum): Law Enforcement, Schools, Community Groups/Citizens.

Rationale: To ensure Virginia schools are safe, communities should support school safety teams conducting audits per the School Safety Audit Protocol, coordinated with principals.

Suggested Implementation Plan:

Localities should follow the School Safety Audit Protocol for implementation guidance.

Localities shall report compliance with all elements of Code of Virginia § 22.1-279.8, including incident plans, drills, security checklist, etc.

Suggested Goals:

a. Reduce vandalism and other property crimes on school grounds.

b. Reduce the incidence of school violence and threats from outside sources.

c. Establish a priority list of recommendations for remedial actions in audited schools with a timetable for implementation.

d. Provide support and resources to the school, insofar as possible, in planning and implementing school safety initiatives.

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1. Business outreach program with training and documented support.

Responsibility (minimum): Law Enforcement, Businesses/Corporations.

Rationale: Business Watch links businesses, improves police communication, and reduces crimes like shoplifting, theft, burglaries, purse snatching, drug dealing, vandalism. Activities include crime reporting, Operation Identification, security surveys, training, and safety. A business leader acts as security chief, with police as liaison.

Suggested Implementation Plan:

a. Form a planning committee of business leaders and law enforcement (can be a subcommittee of crime control planning committee). b. Determine extent and nature of crime in target neighborhood(s) (can be done in conjunction with crime control planning committee efforts). c. Conduct victimization survey in target neighborhood(s). d. Map target neighborhood(s). e. Identify a potential watch coordinator and block captains. f. Select date, time, and location for initial Business Watch meeting(s).

Suggested Goals:

a. Reduce workplace violence, burglary, robbery, and internal “shrinkage”. b. Post Business Watch signs and decals. c. Develop crime prevention training for employees of area businesses. d. Encourage and assist in the development of a published “Code of Ethics” for area businesses. e. Offer risk assessments to area businesses. f. Develop a Business Watch newsletter. g. Encourage and assist in the development of security and loss prevention policies for area businesses. h. Encourage the incorporation of loss prevention, security, crime prevention topics in initial employee training and orientation.

10. An on-site victim/witness services or organized referral process to neighboring jurisdictions.

Responsibility (minimum): Law Enforcement, Social Services or Victims Services.

Rationale: Talking to trusted individuals aids crime recovery. Victims experience emotions like fear, guilt, anger, depression, and trust issues. Victim/Witness programs offer confidential support and recovery assistance.

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to educate victims about their rights under Virginia’s Crime Victim and Witness Rights Act and the services that are available to aid in their recovery.

11. A delinquency prevention program targeting at-risk youth.

Responsibility includes Law Enforcement, Schools, Social Services, Businesses, Community Groups, Youth Organizations, and Elected Officials.

Rationale: Despite declines, juvenile crime remains high, especially among males 15-24 and minorities. Focus on proactive solutions for at-risk youth is essential.

Community-wide planning is key to identifying risk/protective factors, resources, and developing balanced programs like mentoring, sports, or SHOCAP for at-risk youth.

Suggested Implementation Plan:

a. Form a planning committee consisting of local social services and youth service agencies, law enforcement, businesses, churches, individuals, etc. concerned with delinquency prevention (could be subcommittee of the community crime prevention council).

b. Conduct risk assessment to identify risk factors (community, family, school, and individual/peer) having an impact on delinquent behavior at the local level.

c. Identify existing protective factors and resources currently in place to address risk factors.

d. Develop a delinquency prevention plan which include programs designed to address gaps in current delinquency prevention services aimed at at-risk youth (could include, but not be limited to, truancy abatement, gang resistance education, school/community-based after school programs, bullying prevention, and anger management).

e. If necessary, develop appropriate Juvenile Justice and Delinquency Prevention (JJDP) Act grants to fund projects outlined in delinquency prevention plan.

Suggested Goals (dependent on results of risk assessment):

a. Reduce truancy and school dropout rates

b. Reduce school violence

c. To develop long term delinquency prevention strategies

d. Reduce substance abuse

e. Reduce teenage pregnancy

f. Increase protective factors for youth

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12. Local law enforcement must be accredited or seeking accreditation from VLEPSC or CALEA.

Responsibility: Law Enforcement.

Rationale: Law enforcement plays a vital role in achieving and maintaining certified status. Accreditation demonstrates professionalism, is cost-free, and supported by DCJS training and assistance.

Agencies seeking certification must achieve accreditation to re-certify in the program.

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OPTIONAL COMMUNITY SAFETY ELEMENTS

This manual section describes optional safety elements. Contact DCJS for details. Localities need at least seven elements for certification.

1. Virginia Rules (formerly Class Action), D.A.R.E., or a similar school-based law-related education program.

D.A.R.E. started in 1983 in LA as a police-educator partnership, using trained officers to teach research-based curriculum on substance abuse prevention.

Virginia Rules is law-related, taught by law enforcement to students; the Parent Program educates guardians on legal rights and responsibilities.

1. McGruff or Other Safe House Program

Safe House Program provides safe havens for children in emergencies, with strict volunteer standards, offering alternatives to gangs, violence, and drugs in all communities.

1. Employee Watch Program

Neighborhood Watch is effective with active residents; Employee Watch trains professionals to observe and report suspicious activity when residents are absent.

1. TRIAD Program

Triad, formed by AARP, IACP, and NSA, promotes cooperation to improve seniors' quality of life through information exchange with law enforcement.

Triad aims to develop and implement crime prevention and education programs for seniors in Virginia.

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1. National Night Out

National Night Out, held annually in August, promotes crime prevention, community support, police partnerships, and sends a message that neighborhoods are organized against crime.

1. Crime Solvers/Stoppers

Crime Stoppers started in 1976 in Albuquerque, offering rewards for anonymous tips that led to arrests, solving millions of crimes and recovering billions in property and narcotics worldwide.

1. Gun Safety Program

Programs teach safe gun storage and response, such as the Eddie Eagle Gun Safety Program, for adults and children.

1. Crime Prevention Newsletter

A regularly published newsletter on local crime prevention events, trends, programs, tips, etc., usually by a Neighborhood Watch coalition or police department.

1. School Resource Police Officer

School violence, defined as juvenile violence in schools, is addressed by comprehensive safety programs like SROs, which involve educators, law enforcement, students, and parents to prevent violence using community policing.

10. Annual Crime Prevention Awards

Applicants should establish or maintain awards recognizing outstanding local crime prevention efforts by citizens, law enforcement, service organizations, and community groups.

11. Campus Crime Prevention Outreach

Local law enforcement efforts to educate college students on crime prevention and campus safety, including dorm safety, date rape, substance abuse, and personal safety, often initiated by campus police.

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12. Crime Prevention Speaker’s Bureau

A centralized list of experts available to lecture or train on crime prevention topics locally.

13. Domestic Violence Response Program

Domestic violence programs provide information, resources, and assistance to victims, ideally certified by the Virginia Sexual and Domestic Violence Action Alliance for quality services.

14. Inter-agency Code Enforcement Teams

Code enforcement teams address code issues on public and private property that may promote crime, comprising police, fire, building, and zoning officials, based on the broken window theory.

15. School-based Violence Prevention Curriculum

School violence prevention programs include conflict resolution, peer mediation, mentoring, and self-esteem initiatives.

All these programs have the ultimate goal of helping to reduce the number of young people who are either perpetrators, victims, or witnesses of violence. As there is no “one size fits all” solution, localities must evaluate their own issues with youth/school violence and determine the most appropriate way of addressing it.

16. Cooperative Agreements Between Jurisdictions Around Crime/Community Safety Issues

Cooperative agreements between neighboring jurisdictions are designed to facilitate the exchange of information regarding crime/community safety issues. With a cooperative agreement, neighboring jurisdictions can access information from one another regarding crime trends, suspects, etc. that may have previously been difficult or impossible to obtain.

17. Crime Prevention in Public Housing

Virginia localities recognize public housing as a crime source; partnerships with law enforcement and HUD provide prevention, including security staff, patrols, and youth diversion programs.

18. Contact List and Process for Crime Prevention Liaison with Community Leaders and Groups

A formal list by the local crime prevention unit with contact info for community leaders and groups involved in safety efforts.

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19. Anti-crime, Anti-violence and Drug Interdiction, and Education Policies in Schools

Policies enacted to curb school violence and drug use.

20. Fatherhood Responsibility/Accountability Initiative

Fatherhood initiatives assist willing but unable parents with child support, active involvement, skills training, job placement, parenting, GED, and prevention programs.

21. YAADAP

YADAPP helps high school students and sponsors develop peer leadership for safe, drug-free schools via training, speakers, workshops, and action plan development.

22. Truancy Prevention Initiatives

Truancy prevention initiatives aim to address root causes of truancy.

Initiatives include tutoring, drug prevention, mentoring via community and religious groups, parent involvement campaigns, and referrals to social services.

23. School Crime Lines

A school-based system enabling students to anonymously report crimes and violence on or off school property.

24. Pretrial Services Program

Pretrial services, authorized by the Pretrial Services Act, provide defendant background info to aid bail decisions and supervise defendants released to the program.

25. Any Other Programs Deemed Appropriate by the Criminal Justice Services Board

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POLICIES

◼ Time Limit for Application Package Development Process

Applicability: This policy applies to enrolled localities.

Policy: Enrolled localities have 12 months from start to meet requirements, with up to six months extension upon request.

Localities failing to complete the program requirements within the time allotted will be required to reapply.

◼ Preference in DCJS Byrne-JAG Fund application process

Applicability: This policy applies to localities seeking or holding certification.

Policy: Localities seeking or recertifying under the CCPC will have priority in DCJS Byrne-JAG grant applications, especially for grants to implement core certification programs, subject to funding.

Definitions: Preference points—DCJS managers will award points or criteria to localities in the CCPC program.

Preference points count toward the final score, not exceeding 10% of the maximum in review.

Program managers will assign maximum preference points to CCPC-enrolled applicants seeking core program grants; certified or enrolled applicants seeking general grants get half; non-enrolled get none.

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Forfeited Asset Sharing Program

MANUAL

Virginia Department of Criminal Justice Services www.dcjs.virginia.gov

July 2022Table of Contents Page

I. The Forfeited Asset Sharing Program.................................................... 1

II. How to Report a Seizure ........................................................................ 2

III. Information Filing and the Court Process .............................................. 3

IV. Filing Proceeds Report with DCJS Following Forfeiture ...................... 4

V. Sharing Agreements ............................................................................... 6

VI. How to Set Up Accounts to Receive Asset Forfeiture Money .............. 6

VII. Uses of Equitably Shared Property ........................................................ 7

VIII. Disputed Distributions ........................................................................... 11

IX. Summary ................................................................................................ 11

Appendices

Appendix A Flow Chart: Forfeited Asset Sharing Program: Manufacture, Sale, Distribution of Drugs ......................................................................13

Appendix B Filing Online: https://fasp.dcjs.virginia.gov/ ...........................................14

Appendix C Constitution of Virginia: Article VIII. Education.

Section 8. The Literary Fund ...................................................................16

Appendix D Code of Virginia: Applicable Statutes for Forfeitures: Manufacture, Sale, Distribution of Drugs ................................................17

Appendix E Criminal Justice Services Board Rules and Regulations for Asset Sharing Program .......................................................................25

Appendix F Sample Task Force Agreement ................................................................30

Appendix G Sample Court Documents .........................................................................33

Appendix H Sample Agency Policy Statement ............................................................40FORFEITED ASSET SHARING PROGRAM MANUAL

I. THE FORFEITED ASSET SHARING PROGRAM

The Virginia Constitution requires all property accruing to the Commonwealth by forfeiture to be paid into a separate, permanent and perpetual school fund known as the Literary Fund. Va. Const. art. VIII, § 8. The Virginia Constitution also allows the General Assembly to enact general laws exempting payment into the Literary Fund for “the proceeds from the sale of all property seized and forfeited to the Commonwealth for a violation of the criminal laws of this Commonwealth proscribing the manufacture, sale or distribution of a controlled substance or marijuana.” In 1991 the General Assembly enacted such a law, now codified in Title 19.2, Chapter 22.1, § 19.2-386.22 of the Code of Virginia, exempting payment into the Literary Fund of forfeitures obtained by law-enforcement agencies seizing property used in the substantial connection of illegal distribution or sale of controlled substances or marijuana. Drug dealers purchase assets with drug profits or hide drug profits in various bank accounts and in legitimate businesses, and Virginia’s asset forfeiture law provides law-enforcement agencies with an important tool to recover the assets or profits resulting from the dealer’s illegal activities.

There are no restrictions as to the types of property that may be seized. According to the Code of Virginia, § 19.2-386.22, all money and property used in substantial connection with the manufacture, sale, or distribution of controlled substances or marijuana can be seized by a law-enforcement agency. Also, anything of value furnished or intended to be furnished in exchange for controlled substances or marijuana is subject to seizure. Further, all money and property, real or personal, traceable to an exchange, including any interest or profits derived from the investment of such money or property, can be seized. Commonly seized items include cash, vehicles, cellular phones, televisions, handguns, and jewelry. As long as an item can be substantially connected to the illegal manufacture, sale, or distribution of controlled substances or marijuana, it can be seized. The only exception to this is real estate, which cannot be seized unless the violation carries a minimum five-year sentence. An item can be seized any time within three years after the discovery of the last act providing grounds for the seizure. In other words, a law-enforcement agency can arrest a drug dealer today and have up to three years to investigate their financial dealings and property holdings to determine what is linked to the drug activity.

Before an item is actually seized, the law-enforcement agency should consider whether the agency has the resources to manage the property; the value of the property; and the impact on the violator. Simply stated, is it worth the time, effort, and money to seize the asset? There may be situations when a seizure, although completely within the scope of the law, would not be practical or profitable to pursue. Examples of these types of situations include vehicles owned by innocent parties, vehicles for which the cost to sell would exceed the value of the vehicle, real property that is heavily mortgaged, or a small amount of assets from a juvenile.

Once an item is seized, the law-enforcement agency must decide whether it would like to pursue forfeiture under Virginia’s Forfeited Asset Sharing Program (FASP) or under federal statutes. There are several advantages to using Virginia’s program:  The jurisdiction(s) sharing in the forfeiture will receive a high percentage of the proceeds. Virginia law requires 90% of all proceeds to be returned to the jurisdiction(s) that participated in the seizure (under federal law, the minimum federal share is 20%).  FASP regulations direct the Commonwealth to return the full 90%, regardless of agency size or size of the jurisdiction.  Once seized assets have been forfeited and the appropriate paperwork is filed with the Virginia Department of Criminal Justice Services (DCJS), the Commonwealth is obligated under the Prompt Payment Act, § 2.2-3437 et seq. of the Code of Virginia, to return the local share of the proceeds within 30 days. In contrast, the turnaround time for federal forfeitures is three to six months, sometimes longer.

Virginia Department of Criminal Justice Services 1 FORFEITED ASSET SHARING PROGRAM MANUAL  DCJS will process all seizures valued $500.00 and greater. All seizures valued under $500.00 can be kept by the locality. This minimum amount also applies to the value of all miscellaneous assets such as cellular phones, pagers, scales, small electronics, etc. The federal forfeiture program has minimum thresholds that exceed the state limits.

It is possible for a law-enforcement agency to report seized items to both the state and federal programs. For example, an agency may seize cash, vehicles, jewelry, and pagers under the state law and on the same case seize a horse farm under the federal statute. In this case, it is actually to the law-enforcement agency’s advantage to split the reporting of the seized items because they can rely on the U.S. Marshals Service to care for the farm until completion of the forfeiture process.

All other non-drug-related seizures made pursuant to Title 19.2, Chapter 22.1, should not be reported to DCJS. Questions regarding seizure procedures and payment into the Literary Fund should be addressed to their localities and Commonwealth’s attorneys.

Seizures under federal statute should not be reported to DCJS. Questions regarding federal asset forfeiture can be answered by referring to the “Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies,” U.S.

Department of Justice and U.S. Department of Treasury, 2018.

II.

HOW TO REPORT A SEIZURE

After property has been seized, the law-enforcement agency’s first step is to immediately notify their Commonwealth’s attorney in writing. According to § 19.2-386.3 of the Code of Virginia, the Commonwealth’s attorney, on behalf of the seizing agency, shall file a Notice of Seizure for Forfeiture (Notice) with the clerk of the circuit court within 21 days of the written notification from the seizing agency. This Notice must describe the seized property, the grounds for seizure, the date of seizure, and all known owners and lienholders of record. The clerk must then mail the Notice to the last known address of all identified owners and lienholders. Law-enforcement officers should inquire with their Commonwealth’s attorney for their preferred process for notifying them of any forfeiture.

Law-enforcement agencies must also promptly notify DCJS that certain property has been seized through DCJS Form 998, the Asset Seizure Reporting Form. Often, Commonwealth’s attorneys require a copy of DCJS Form 998 before continuing the process with the clerk of the circuit court. DCJS Form 998 must be filed by the seizing agency within 21 days of seizure.

Form 998 should be completed though the FASP website. New users can submit their registration with their email and password at https://fasp.dcjs.virginia.gov. A Registration Form signed by their agency head must also be submitted to DCJS staff to gain access to the online system. This form is available in the training document on the FASP website: https://www.dcjs.virginia.gov/forfeited-asset-sharing-program. Contact FASP staff for any questions about this form.

Signed registration forms must be mailed or emailed to: Virginia Department of Criminal Justice Services Forfeited Asset Sharing Program 1100 Bank Street, 12th Floor Richmond, VA 23219 Email: fasp@dcjs.virginia.gov

New users in the FASP database will receive notification their registration has been approved via email.

Virginia Department of Criminal Justice Services 2 FORFEITED ASSET SHARING PROGRAM MANUAL It is important to include all participating agencies on the DCJS Form 998 if there is a joint seizure. In most cases, the Commonwealth’s attorney having jurisdiction has an agreement to receive a share and should be included in a joint seizure. It is also important to indicate if the Virginia State Police is involved, as their report and payment are different from local agencies.

Information on subjects or on the case may be added in the comments section. For each seized asset, the form provides space to list the address of the person from whom the asset was seized as well as lienholder information.

Once a Form 998 is submitted by a law-enforcement agency, DCJS will assign a number to the form and notify the law-enforcement agency via email. Submitting agencies will receive a second email indicating whether a particular Form 998 submission has been “accepted” or “rejected”. Common reasons for rejection are no Commonwealth’s attorney listed for sharing, incorrect jurisdictions included, or seized asset(s) not listed. In the event a law-enforcement agency’s Form 998 is rejected, correction(s) should be made by editing and resubmitting the original Form 998. Submitting agencies should not create and submit a new Form 998 since this will assign a new DCJS number to the forfeiture and cause case duplication in the FASP system.

III. INFORMATION FILING AND THE COURT PROCESS

Within 90 days of the seizure, or at the same time as the filing of the Notice, the Commonwealth’s Attorney must file an Information with the circuit court. This Information initiates the civil forfeiture process. The Information must list all known owners and lienholders; specifically describe the seized property; set forth the grounds for forfeiture; ask that the property be sold or otherwise disposed of; and ask that all interested parties be notified to appear and show cause why such property should not be forfeited to the state. If an Information is not filed within this ninety-day time period, the property must be released to the owner or lienholder.

Within 30 days of receiving the Notice and Information, the owner and/or lienholder must file, under oath, an answer to the Information. Any defendant in the forfeiture case must outline their claim, their right to the ownership or interest in the property, and the reason(s) why forfeiture should not take place and any exemption that might apply. If the owner and/or lienholder does not file an answer to the Information, they are in default. Default simply means that the owner does not wish to contest the forfeiture. In these cases, the court can rule on the method of disposal of the forfeited item(s). If the law-enforcement agency requests that the property be returned “in-kind” for law-enforcement use, the court may rule on that request. Once the court orders the property forfeited, the law-enforcement agency then begins the steps necessary to report the forfeiture to DCJS.

In some cases, the owner of the seized items will oppose the forfeiture. In these instances, a civil trial date will be set.

Pursuant to § 19.2-386.1 of the Code of Virginia, the civil forfeiture action must be stayed pending the outcome of the associated criminal case. Property seized must be returned to the owner or person in whose custody the property was found if such owner or person is not found guilty in the criminal case, unless the forfeiture is made pursuant to a plea agreement or such owner or person does not request the return of the property in writing within 21 days from the termination of the stay of the forfeiture action.

This delay should not deter law-enforcement officers from pursuing forfeiture actions. Again, once the court has ruled on the matter and the necessary papers are filed with DCJS, the Commonwealth is bound by the Prompt Payment Act to return the appropriate share to the localities within 30 days.

After the court rules on a forfeiture case, the next step is to report the forfeiture to DCJS.

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IV. FILING PROCEEDS REPORT WITH DCJS FOLLOWING FORFEITURE

Upon adjudication of the civil forfeiture case and the completion of all court-ordered instructions, the seizing agency must file certain required documents with DCJS for the use of the forfeited property or money. The required documents include the Seized Property Disposition Sharing Decision Form (DCJS Form 999). Information from the Form 998 will carry over to the Form 999 in the FASP system.

Allowable deductions and additions to the forfeiture amount are entered online. Agencies must attach proof of sale and copies of bills to closing paperwork. These costs can be deducted from the total amount sent to DCJS. For example, if a vehicle is seized, towed, stored, forfeited, and eventually sold, the seizing agency can deduct the costs of those actions from any proceeds before the remaining amount is sent to DCJS. Receipts for such expenses must be submitted to DCJS.

Guardian Ad Litem fees or money ordered to be returned to an owner must be fulfilled by the issuing agency before funds are sent to DCJS.

Form 999 must be printed out and signed before sending to DCJS with appropriate documents, including all relevant court orders.

A check for proceeds in the amount of all forfeited cash that matches the court order must be mailed with the signed Form 999.

“Proceeds” means actual cash forfeited, and the cash value returned from the sale of forfeited property.

Proceeds includes property that may have been returned in-kind and sold within one year or less from the date of court-ordered forfeiture for a value of $500.00 or more.

Property Returned In-Kind: Law-enforcement agencies are permitted to choose the proper disposition for the return of “in-kind property” (when applicable). “In-kind” return means the property can be used by the agency to further promote law enforcement. Use of this property reduces the cost of new purchases.

In most cases DCJS will provide an in-kind letter and a Department of Motor Vehicles letter if a vehicle is forfeited and requested “in-kind.”

Sale of forfeited property must be by public sale or other commercially feasible means, which may include a bidding process on an internet site.

Notes on Virtual Currency: Virtual currency (Bitcoin, Litecoin, etc.) must be converted to cash after court forfeiture in the manner specified in the court order, and proceeds submitted to DCJS for disbursement. Pursuant to § 19.2-386.12 of the Code of Virginia, the court may authorize in the order of forfeiture any “other commercially feasible means” for converting virtual currency to cash. Agencies are encouraged to determine their own feasible means to convert virtual currency based on availability in their jurisdiction (virtual currency ATMs, online exchanges, etc.) and ask the Commonwealth’s Attorney to include the means in the court order. Upon submission of funds to DCJS, agencies must include a copy of the receipts indicating the virtual currency amount (which must match the court order), the currency in U.S. dollars (USD), the means of conversion, and any fees associated with the conversion.

Law-enforcement agencies should establish an internal policy and procedures specifying how to hold and convert virtual currency to currency in USD for forfeiture.

Virginia Department of Criminal Justice Services 4 FORFEITED ASSET SHARING PROGRAM MANUAL The following example illustrates a typical entry on a Form 999. In this example, the proceeds from the sale of the forfeited vehicle would be calculated by taking the sale price of the car ($8,000) and deducting the total costs incurred ($1,375). A check for the amount of $6,625 would then be sent to DCJS for disbursal.

Only those costs incurred during the management of the seized property can be deducted. Costs incurred during the investigation and arrest of the property owner cannot be deducted. Further, the Forfeited Asset Sharing Program does not allow for deductions for storage in the law-enforcement agency’s property or evidence rooms or departmental storage lots. DCJS will not be involved in the storage or management of the assets seized for forfeiture. Seizing agencies may need to set aside funds to compensate storage lots and other vendors until final disposition allows for the sale of the property.

In cases where costs have been incurred on a seized item and the item was not forfeited, the law-enforcement agency can petition the Commonwealth’s Criminal Fund for reimbursement. Seizing agencies can also petition the Criminal Fund in the case where the costs incurred exceed the proceeds from the sale of the forfeited property.

Any proceeds for forfeited property sold after one year from the date of the court-ordered forfeiture may be retained by the seizing agency and distributed among the sharing agencies. When the in-kind property is sold, the seizing agency is required to notify DCJS and submit a new Form 999 so DCJS can close that asset.

A copy of any special sharing agreement arranged by the participating agencies and offices should be provided to FASP staff to ensure disbursals are properly made. The Form 999 must include sharing percentages that equal 100 percent of the proceeds. Once the required paperwork is received to disburse forfeited funds, the funds will be released to all agencies included in the share that are certified in FASP. DCJS will email (mail if requested) a copy of each agency’s share and case information after a distribution is keyed into all DCJS databases and entered for payment in the state accounting system. It is imperative to inform DCJS of personnel changes so the key individuals needing disbursement information receive these emails.

Send all closing documents (signed Form 999, check, court order, expense documentation, bills of sale, etc.) to: Virginia Department of Criminal Justice Services Forfeited Asset Sharing Program 1100 Bank Street, 12th Floor Richmond, VA 23219

Again, training and a user guide are available at https://www.dcjs.virginia.gov/forfeited-asset-sharing-program. These documents provide step-by-step instructions.

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V.

SHARING AGREEMENTS

Drug investigations are often conducted by two or more law-enforcement agencies through a task force. When items are seized for forfeiture as a result of the investigations, the participating agencies will share in the proceeds. In many cases, only cash is seized, or the agreement among the task force agencies may be that all forfeited property will be reduced to cash and a percentage of the cash disbursed to each agency. For example, if there are five agencies in a task force, the proceeds could be divided equally among the agencies, each one receiving 20% of the proceeds.

However, if one or more items forfeited is to be returned in-kind to one of the participating agencies, an agreement will need to be worked out by the head law-enforcement officers of each department. This can be illustrated through the following hypothetical example: Three agencies participate in an investigation that results in the seizure and forfeiture of $5,000.00 in U.S. currency and a 2010 Toyota 4-Runner. One of the participating agencies would like the car returned in-kind, but the other two agencies want equitable compensation. An agreement could be made that would allow one agency to have the car returned in-kind and, in doing so, release its claim to the forfeited cash. The cash would then be divided between the other two agencies. DCJS would need written authorization confirming this agreement.

When an agreement is reached by participating agencies on the percentage of the proceeds that will be returned, DCJS will honor those agreements. Distributions need not be divided equally among the participants; however, all participants must agree on them. Once a task force has been formed and a sharing agreement for forfeited assets has been signed, the task force must send a copy of the signed agreement to DCJS. DCJS keeps a file of task force agreements on hand, and refers to them quite often. Newly formed task forces must submit a copy of their signed sharing agreement when sending the Form 999, court order, and check for proceeds to DCJS.

Many law-enforcement agencies have a signed sharing agreement with their Commonwealth’s Attorney. A copy of these agreements should also be submitted to DCJS staff.

VI. HOW TO SET UP ACCOUNTS TO RECEIVE STATE ASSET FORFEITURE MONEY

Section 19.2-386.14 (B) of the Code of Virginia states, “the Department (DCJS) shall distribute each share directly to the appropriate treasury of the participating agency.” According to the Auditor of Public Accounts, the following procedures represent both best accounting practices and sound internal controls.

Law-enforcement agencies should establish a separate revenue account/accounting code/fund through their local treasurer’s office for the proceeds from DCJS, Forfeited Asset Sharing Program. If applicable, this account may also receive any interest income generated by the funds. This account will be solely for the use of sharing proceeds. Any funds distributed by DCJS to a task force should also go through a government locality or state agency.

The account must also be separate from that in which federal funds or restitution money (unless for repayment of buy money or other reason) may be received. Federal and state funds cannot be comingled.

The payment information should be matched with cases and maintained in a filing system which would allow auditors to inspect asset forfeiture files if requested by DCJS.

Virginia Department of Criminal Justice Services 6 FORFEITED ASSET SHARING PROGRAM MANUAL In order to be certified with DCJS to receive funds, law-enforcement agencies in Virginia must file an annual certification report and sharing agreement with DCJS. The report is due by September 30th of each year. The reporting period is July 1 to June 30, which is the state fiscal year and not calendar year.

The Virginia Annual Certification Report and Sharing Agreement and instructions can be found at www.dcjs.virginia.gov/forfeited-asset-sharing-program/forms. The report must be sent to DCJS with original signatures and the report must balance with the locality’s treasury.

Law-enforcement agencies should also establish an internal procedure to recommend expenditures from the revenue account. In many small agencies, the chief of police or sheriff determines the purposes for which the funds are used. In larger agencies, committees have been formed to recommend expenditures to the agency head. The agency head must authorize all expenditures from the state revenue sharing account.

Further, law-enforcement agencies should establish an internal procedure to track tangible property placed into official use for law-enforcement purposes. All proceeds from the sale of such property must be deposited into the agency’s State Asset Forfeiture account held with the local treasurer’s office. Agencies should obtain approval for expenditures from their governing body, such as town council or city manager’s office, if appropriate.

Upon final approval, law-enforcement agencies should issue contracts or purchase orders to formally disburse deposited assets for goods and services. Agencies should deduct expenditures from the account balance and maintain a record of all expenditures from the revenue account/accounting code/fund. These expenditures must be in accordance with the FASP Manual and all required procurement procedures the locality requires.

VII. USES OF EQUITABLY SHARED PROPERTY According to § 19.2-386.14 (D) of the Code of Virginia, “all forfeited property, including its proceeds or cash equivalent, received by a participating state or local agency pursuant to this section shall be used to promote law enforcement, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, or promote cooperation with law enforcement, but shall not be used to supplant existing programs or funds.” For the sake of consistency, Virginia has chosen to adopt certain aspects of the federal guidelines.

A. General Guidance Concerning Use

1. Equitably Shared Property Should Not be Anticipated — Law-enforcement agencies should not “spend it before they get it” or anticipate receipts because: a. the completion of the forfeiture is uncertain; b. the amount of the sharing that will ultimately be approved is also uncertain; and c. net proceeds have not been determined.
2. Increase and Not Replace (Supplement vs. Supplant) — Sharing must be used to increase or supplement the resources of the receiving state or local law-enforcement agency. Shared resources shall not be used to replace, or supplant, the resources of the recipient. In determining whether the sharing increased or supplemented the receiving agency, the total law-enforcement budget will be considered as opposed to any particular item or items within the budget. In other words, the receiving law-enforcement agency’s aggregate budget must benefit directly from the sharing. If, for example, a police department receives $100,000 in equitable sharing, only to Virginia Department of Criminal Justice Services 7 FORFEITED ASSET SHARING PROGRAM MANUAL have its budget cut $100,000 by the city council, the police department has received no direct benefit whatsoever.

Rather, the city as a whole has received the benefit of the equitable sharing.

1. Use of Interest Income — Interest on forfeited cash or proceeds is subject to the same restrictions as the shared cash or proceeds.

1. Prohibited Sharing — Forfeited firearms may not be shared with foreign countries or state or local law-enforcement agencies. The law-enforcement agency that will take custody of forfeited firearms should be named in the Order of Forfeiture.

1. DCJS will withhold funds from state and local law-enforcement agencies for the following reasons: (1) if the governing body of the locality directs expenditures of shared assets; (2) if DCJS determines there is misuse of asset forfeiture funds; (3) if the Annual Report required by September 30th of each year is not submitted by that date. Funds will remain withheld until the non-compliant situation is rectified.
2. Asset forfeiture funds must be used in a reasonable and necessary manner and not create the appearance of waste or extravagance.

1. The ability of a person employed by a seizing agency to purchase a forfeited asset seized by such agency is governed by the provisions of the State and Local Government Conflict of Interests Act (Code of Virginia § 2.2-3100 et seq.) and, under certain circumstances, any such purchase by the employee or a member of the employee’s immediate family may be prohibited by the Act. Before any such purchase is made, an employee should seek advice from the seizing agency’s counsel.
2. Periodically a civil forfeiture order is reversed on appeal or amended due to some circumstance. In these cases, DCJS will recall all asset forfeiture funds from the sharing agencies. The seizing agency will receive a refund of the total amount submitted, and will then re-submit the Form 999 with the new court order and check if necessary for sharing.

1. Upon sale of an item purchased with forfeiture funds, the proceeds are to be returned to the forfeiture account. 10. The agency head must authorize all expenditures from the state revenue sharing account.

B. Uses of Shared Cash or Proceeds of Forfeited Property

1. Permissible Uses: Subject to laws, rules, regulations, and orders of the state or local jurisdiction governing the use of public funds available for law-enforcement purposes, the following expenses are pre-approved as permissible uses of shared funds and property. This list of expenses is not intended to be all-inclusive. a. Activities Calculated to Enhance Future Investigations — The support of investigations and operations that may result in further seizures and forfeitures, e.g., payments to informants; “buy,” “flash,” or reward money; and the purchase of evidence. b. Law-Enforcement Training — The training of investigators, prosecutors, and law-enforcement support personnel in any area that is necessary to perform official law-enforcement duties. Some examples of such training are the following: (1) asset forfeiture in general (statutory requirements, policies, procedures, case law); (2) the Fourth Amendment (search and seizure, probable cause, drafting affidavits, confidential informant reliability); (3) ethics and the National Code of Professional Conduct for Asset Forfeiture; (4) due process rights; (5) protecting the rights of innocent third-parties (individuals and lienholders); (6) use of computers or other equipment used in or in support of law-enforcement duties; and (7) any other training required for an employee’s regular duties. This includes training and conference fees, speaker fees, or other costs to produce curricula for training. The payment of college tuition, hospitality suites at conferences, and other indirect training expenses using asset forfeiture funds is not allowed.

Virginia Department of Criminal Justice Services 8 FORFEITED ASSET SHARING PROGRAM MANUAL c. Law-Enforcement Equipment and Operations — The purchase of body armor, firearms, radios, cellular telephones, office supplies, computer equipment, software to be used in support of law-enforcement purposes, vehicles (e.g., patrol vehicles, surveillance vehicles), electronic surveillance equipment, or uniforms; leasing of office and other space; utility costs; recruitment and advertising costs; agency accreditation or agency membership dues (payment of dues for individuals is impermissible); and leasing or purchase of other types of equipment that support law-enforcement activities. Forensic labs and equipment and related training and certification expenses are permissible. d. Detention Facilities — The costs associated with construction, expansion, improvement, or operation of detention facilities managed by the recipient agency. e. Law-Enforcement Facilities and Equipment — The costs associated with basic and necessary facilities to perform official law-enforcement duties, including their construction, updating, remodeling, furniture, safes, file cabinets, telecommunications equipment, etc. Costs related to construction and remodeling are only permissible if the law-enforcement agency or locality owns the property. f. Drug Education and Awareness Programs — The costs associated with conducting drug education and awareness programs by law-enforcement agencies. g. Pro Rata Funding — The costs associated with supporting multi-agency items or facilities. Example: A town purchases a new computerized payroll system, and the police department payroll represents 20% of the total use of the payroll system. The police department may use shared money to fund its pro rata share (20%) of the operating and maintenance expenses of the system. h. Joint Law-Enforcement and Public Safety Operations — Costs associated with purchasing equipment and/or providing operations to be used jointly by law-enforcement and public safety agencies. Examples: dispatch center, defibrillators, boats and diving equipment used for enforcement and search and rescue, emergency operations center, etc. Equipment to be used by non-law enforcement personnel only, such as fire and EMS vehicles, is not included. i.

Asset Accounting and Tracking — The costs associated with the accounting, auditing, and tracking of revenues and expenditures of equitable shared cash, proceeds, and tangible property. j.

Salaries — Many of the costs of the activities described above could entail the payment of salaries of the personnel involved. Due to the extreme sensitivity of asset forfeiture work, the payment of salaries of sworn law-enforcement officers is limited to the following categories: 1) Overtime. 2) The first year’s salaries only for new law-enforcement officers that supplement the workforce. 3) Salaries of officers assigned to non-traditional positions in approved specialized programs, which do not generally involve traditional law-enforcement functions. Example: DARE program officers. 4) Salaries of sworn law-enforcement officers hired to replace officers assigned to a federal task force. A law-enforcement agency may expend equitably shared funds to pay the salaries of replacement officers for the life of the task force and up to six months after the task force has disbanded. k. Payments expressly authorized by law, such as the Community Oriented Policing Services (COPS) program established by the Violent Crime Control and Law Enforcement Act of 1994, which expressly permits state and local law-enforcement agencies to use equitably shared asset forfeiture funds to meet the local match requirements of that program. l.

Contracts for Services — Payment for a contracted service that supports law enforcement is permitted.

Examples include: expert witnesses, translation and language assistance services, auditor of state asset forfeiture funds, grant writer, etc. Payment on these contracts based on a percentage of the forfeitures is not allowed. Contracts for law-enforcement functions are not allowed, such as hiring an investigator, attorney, or other civilian personnel to perform tasks typically or previously performed by agency or jurisdiction personnel.

Virginia Department of Criminal Justice Services 9 FORFEITED ASSET SHARING PROGRAM MANUAL m. Law-Enforcement Travel and Per Diem Allocations — Costs associated with travel and transportation to perform or in support of law-enforcement duties and activities. All related costs must be in accordance with the jurisdiction’s per diem policy and must not create the appearance of extravagance or impropriety. n. Purchase of Food and Beverages — Asset forfeiture funds may be used to pay for food and beverages (non-alcoholic) during training (see above), for officers during undercover operations, or while involved in local emergency operations. o. Law-Enforcement Awards and Memorials — Costs associated with the purchase of plaques, certificates, and challenge coins for law-enforcement personnel in recognition of a law-enforcement achievement, activity, or training. Asset forfeiture funds may not be used to pay awards in the form of cash or cash equivalents or stored value cards. Shared funds may be used to pay the costs for commemorative plaques, displays, or memorials on law-enforcement property that serve to recognize or memorialize a law-enforcement officer’s contributions, such as a memorial plaque or stone in honor of an agency’s officers killed in the line of duty. The plaque, display, or memorial must not create the appearance of extravagance. p. Matching Grants — Costs for an agency’s matching contribution or share in a state or federal grant program for items other than salaries are allowed. q. Support of Community-Based Organizations — Transfers of shared funds from a state or local law-enforcement agency to community-based non-profit organizations (501(c)(3) or (4)) whose stated missions are supportive of and consistent with a law-enforcement effort, policy, and/or initiative. An agency may expend up to a total of $25,000 annually to transfer to such organizations. Examples include a drug treatment facility, job skills program, or a youth program featuring drug and crime prevention education. r. Expenditures to strengthen relationships between the community and law enforcement — Expenditures intended to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, or promote cooperation with law enforcement are permitted. Expenditures may be in any amount. Examples include sponsorships of charitable events which benefit the community or a charitable organization, donations to community organizations, and the purchase of fixed assets for use in the community, such as streetlights or speed bumps. Law-enforcement agencies must be recognized for the contribution, not individual office holders. Law-enforcement agencies with expenditures of this type must submit a memorandum of explanation with the FASP Annual Report detailing how the expenditure complies with this section.

Again, the above expenses are not meant to be all-inclusive.

1. Impermissible Uses: a. Uses of Forfeited Property by Non-Law Enforcement Personnel — Use of a shared vehicle or other forfeited tangible property by civilian personnel for non-law enforcement business is not permitted. The agency must be a participant in the sharing program to receive shared vehicles or other forfeited property. b. Payment of Non-Law-Enforcement Expenses — For example, shared funds may be used to pay the expenses for drug testing of law-enforcement personnel, but may not be used for the testing of all municipal employees. c. Uses Contrary to the Laws of the State or Local Jurisdiction — Shared funds may not be used for any purpose that would constitute an improper use of state or local law-enforcement funds under the laws, rules, regulations, and orders of the state or local jurisdiction of which the agency is a part, including the Virginia Public Procurement Act and any local procurement rule or policy. d. Non-Official Government Use of Shared Assets — Any use that creates the appearance that shared funds are being used for political or personal purposes is not permitted. e. Creation of Endowments or Scholarships — Asset forfeiture funds may not be used to create or establish endowments or scholarships.

Virginia Department of Criminal Justice Services 10 FORFEITED ASSET SHARING PROGRAM MANUAL f. Costs Related to Lawsuits — Asset forfeiture funds may not be used to pay attorney fees, settlement payments, or any other related costs of lawsuits involving the agency or governing body or their employees.

VIII. DISPUTED DISTRIBUTIONS

An underlying goal of FASP is to increase the cooperative efforts among the various law-enforcement agencies throughout the Commonwealth. Investigations that deal specifically with controlled substances at the onset could very possibly expand into burglary, robbery, and homicide. Very often, as a result of monetary rewards provided by diverse markets, drug dealers will establish links in several jurisdictions. Neighboring jurisdictions often find themselves working cases on the same individuals, for similar crimes.

As of June 2020, there are over 50 ongoing narcotics task force operations in the Commonwealth. At any given time, however, two or more law-enforcement agencies may enter into a short-term arrangement to investigate, conduct a raid, or seize property for forfeiture in drug trafficking. Agencies involved almost always cooperate on the sharing of the seized and forfeited property, whether the cooperation occurs through a formal task force or an impromptu arrangement.

Unfortunately, a dispute over the forfeited proceeds can arise. The Criminal Justice Services Board (CJSB) has developed a plan to handle such disputes. The CJSB’s Rules and Regulations for the Forfeited Asset Sharing Program are outlined in Appendix E; § 7C and D discuss disputed distributions.

Any law-enforcement agency that has established, or wishes to establish, a claim for a share of the forfeited proceeds, and cannot reach an agreement on the disbursal of the proceeds with the other agency or agencies involved, may petition the CJSB for a proportional share. This petition must be on agency letterhead and must outline how the disputing agency feels the proceeds should be disbursed. The petition must be filed with DCJS within 21 days of the entry of the court forfeiture order. DCJS will then distribute copies of the petition to the other participating agencies, who then have 14 days to respond to the petition. Once the responses have been received, DCJS will prepare a decision package for the Forfeited Assets Distribution Committee (FADC). The FADC is comprised of members of the CJSB. The Chairperson of the FADC will arrange a hearing on the dispute. The hearing will be held within 45 days of the receipt of the petition.

The FADC will base its decision on several factors: the petitioner’s role in the investigation which led to the seizure and eventual forfeiture, the petitioner’s contribution to the prosecution, and how other forfeited assets (if any) were distributed. The FADC will then decide how the proceeds are to be disbursed. All agencies involved in the dispute have the right to appeal the decision to the full CJSB. The appeal must be filed with DCJS within 10 days of the FADC decision. Any appeals of the FADC decision will be heard at the next regularly scheduled CJSB meeting. The CJSB decision will be final.

Law-enforcement agencies are encouraged to make sharing decisions prior to the court forfeiture action. A sample agreement is found in Appendix F. Ideally, through planning and cooperation, these disputes can be avoided.

IX. SUMMARY

The FASP is the administrative process that enables local law-enforcement agencies to utilize Virginia’s drug asset forfeiture law. Neither the law nor the program is designed as a money-making venture, but rather as tools to be used in combatting illegal drug trafficking.

Virginia Department of Criminal Justice Services 11 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia is fortunate to have one of the most comprehensive drug asset forfeiture laws in the United States. Through the cooperation and efforts of the law-enforcement community, this program will take its place as one of the most used and effective of the mechanisms in the effort to stop the flow of illegal drugs.

Virginia Department of Criminal Justice Services 12

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDICES

A. Flow Chart: Forfeited Asset Sharing Program: Manufacture, Sale, Distribution of Drugs

B. Filing Online: https://fasp.dcjs.virginia.gov/

C. Constitution of Virginia: Article VIII. Education Section 8. The Literary Fund

D. Code of Virginia: Applicable Statutes for Forfeitures, Manufacture, Sale, Distribution of Drugs

E. Criminal Justice Services Board Rules and Regulations for Asset Sharing Program

F. Sample Task Force Agreement

G. Sample Court Documents

H. Sample Agency Policy Statement

Virginia Department of Criminal Justice Services 13 FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX A

Flow Chart: Forfeited Asset Sharing Program Manufacture, Sale, Distribution of Drugs

PROPERTY

ASSET(S) SEIZED

UNDER §19.2-386.22

FORFEITED AUCTION OR

IN-KIND REQUEST

DCJS FORM 998

GUILTY OF CHARGEENTERED AND TO CA

INCLUDED IN CURRENCY CIVIL FORFEITURE

§19.2-386.22 OR PLEA CASE

AGREEMENT WITH

INFORMATION FILED

FORFEITURE DCJS FORM 999

WITH CIRCUIT COURT

WITH CHECK,

COURT ORDER AND

DOCUMENTATION

(BILL OF SALE,

AUTOMATIC STAY OF

CRIMINAL CASE EXPENSES, ETC.)

CIVIL CASE

NOT GUILTY OR

DISMISSED OR

GUILTY OF CHARGE

NON SUIT

NOT INCLUDED IN §19.2-386.22

RETURN TO

OWNER

WRITTEN NOTICE OF

NO

DEMAND IN 21 DAYS

YES

DCJS FORM 999

WITH COURT

ORDER AND

PROPERTY

RETURN TO

RECEIPT

OWNER

Virginia Department of Criminal Justice Services 14 FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX B

Filing Online

To gain access to the Forfeited Asset Sharing Program (FASP), follow the steps below:

1. Register on the website at: https://fasp.dcjs.virginia.gov/. You will see the page below. Click in one of the two places indicated:

1. Enter email. This will be your user ID, and you will be able to enter a password of your choosing. Password requirements are: at least eight characters with a combination of upper and lower case, a numerical character, and a special character (ex: Police#1).

1. Complete form through phone number field.

1. Primary Agency: choose the agency you work directly for. Ex: Va. State Police.

1. Multi Agency User: If you enter asset forfeiture for a task force or another agency, click this box

and list all task forces or agencies you enter forfeitures for.

1. Select User Role: You are a ProgramAdmin if you enter 998s and/or 999s for an agency. You are ProgramViewOnly if you only view what admins have entered.

1. A registration approval form signed by your agency head is required to access the online system. Please allow at least one day for your registration to be approved. FASP staff will contact you with any questions. You will receive an email stating you have been approved.

1. You will then be able to log into the website with your email and the password you entered..

1. If you forget your password, click on “Forgot your password?” on the sign-in page. A temporary password will be emailed to you. You may also change your password by clicking on your email in the upper right hand corner of the log in page.

Virginia Department of Criminal Justice Services 15FORFEITED ASSET SHARING PROGRAM MANUAL  Please take the time to review available documents to learn more about the online FASP system. A training presentation is available at https://www.dcjs.virginia.gov/forfeited-asset-sharing-program on the upper right-hand side below the Forfeited Asset Sharing Program manual. Click the link “Database Training”.

 A user guide is also available if you prefer by clicking “FASP User Guide” on the same web page.

 The DCJS Form 999 may be printed for submission once complete; it will be saved into the database, and will be viewable by DCJS staff immediately.

 The DCJS Form 999, including signatures, should be sent to DCJS at the address listed below: Virginia Department of Criminal Justice Services Forfeited Asset Sharing Program 1100 Bank Street, 12th Floor Richmond, VA 23219 Virginia Department of Criminal Justice Services 16

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX C

Article VIII. Education Section 8. The Literary Fund

The General Assembly shall set apart as a permanent and perpetual school fund the present Literary Fund; the proceeds of all public lands donated by Congress for free public school purposes, of all escheated property, of all waste and unappropriated lands, of all property accruing to the Commonwealth by forfeiture except as hereinafter provided, of all fines collected for offenses committed against the Commonwealth, and of the annual interest on the Literary Fund; and such other sums as the General Assembly may appropriate. But so long as the principal of the Fund totals as much as eighty million dollars, the General Assembly may set aside all or any part of additional moneys received into its principal for public school purposes, including the teachers’ retirement fund.

The General Assembly may provide by general law an exemption from this section for the proceeds from the sale of all property seized and forfeited to the Commonwealth for a violation of the criminal laws of this Commonwealth proscribing the manufacture, sale or distribution of a controlled substance or marijuana. Such proceeds shall be paid into the state treasury and shall be distributed by law for the purpose of promoting law enforcement.

Virginia Department of Criminal Justice Services 17FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX D

Code of Virginia: Applicable Statutes for Forfeitures, Manufacture, Sale, Distribution of Drugs § 19.2-386.1. Commencing an action of forfeiture.

A. Except as otherwise specifically provided by law, whenever any property is forfeited to the Commonwealth by reason of the violation of any law, or if any statute provides for the forfeiture of any property or money, or if any property or money be seized as forfeited for a violation of any of the provisions of this Code, the Commonwealth shall follow the procedures set forth in this chapter.

B. An action against any property subject to seizure under the provisions of Chapter 22.2 (§ 19.2-386.15 et seq.) shall be commenced by the filing of an information in the clerk’s office of the circuit court. Any information shall be filed in the name of the Commonwealth by the attorney for the Commonwealth or may be filed by the Attorney General if so requested by the attorney for the Commonwealth. Venue for an action of forfeiture shall lie in the county or city where (i) the property is located, (ii) the property is seized, or (iii) an owner of the property or the person in whose custody the property is found could be prosecuted for the illegal conduct alleged to give rise to the forfeiture. Such information shall (a) name as parties defendant all owners and lienholders then known or of record and the trustees named in any deed of trust securing such lienholder, (b) specifically describe the property, (c) set forth in general terms the grounds for forfeiture of the named property, (d) pray that the same be condemned and sold or otherwise be disposed of according to law, and (e) ask that all persons concerned or interested be notified to appear and show cause why such property should not be forfeited. In all cases, an information shall be filed within three years of the date of actual discovery by the Commonwealth of the last act giving rise to the forfeiture or the action for forfeiture will be barred.

C. Any action of forfeiture commenced under this section shall be stayed until the court in which the owner of the property or the person in whose custody the property is found is being prosecuted for an offense authorizing the forfeiture finds the owner or the person in whose custody the property is found guilty of any offense that authorizes forfeiture of such property, and any property eligible for forfeiture under the provisions of any statute shall be forfeited only upon such finding of guilt of the owner or the person in whose custody the property is found, regardless of whether the owner or the person in whose custody the property is found has been sentenced. If no such finding is made by the court, all property seized shall be released from seizure no later than 21 days from the date the stay terminates.

However, property that has been seized may be forfeited pursuant to the procedures set forth in this chapter even though no finding of guilt is made if (i) such forfeiture is ordered by a court pursuant to a lawful plea agreement or (ii) the owner of the property or the person in whose custody the property was found has not submitted a written demand for the return of the property with the law-enforcement agency that seized the property within 21 days from the date the stay terminates. (1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756; 2020, c. 1000) § 19.2-386.2. Seizure of named property.

A. When any property subject to seizure under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code has not been seized at the time an information naming that property is filed, the clerk of the circuit court or a judge of the circuit court, upon motion of the attorney for the Commonwealth wherein the information is filed, shall issue a warrant to the sheriff or other state or local law-enforcement officer authorized to serve criminal process in the jurisdiction where the property is located, describing the property named in the complaint and authorizing its immediate seizure.

B. In all cases of seizure of real property, a notice of lis pendens shall be filed with the clerk of the circuit court of the county or city wherein the property is located and shall be indexed in the land records in the name or names of those persons whose interests appear to be affected thereby.

Virginia Department of Criminal Justice Services 18 FORFEITED ASSET SHARING PROGRAM MANUAL C. When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other Forfeiture provision under the Code, the agency seizing the property shall, as soon as practicable after the seizure, conduct an inventory of the seized property and shall, as soon as practicable, provide a copy of the inventory to the owner. An agency’s failure to provide a copy of an inventory pursuant to this subsection shall not invalidate any forfeiture.

D. When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other forfeiture provision under the Code, and an information naming that property has not been filed, neither the agency seizing the property nor any other law-enforcement agency may request, require, or in any manner induce any person who asserts ownership, lawful possession, or any lawful right to the property to waive his interest in or rights to the property until an information has been filed.

(1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2006, c. 766; 2012, cc. 283, 756; 2015, c. 769; 2016, cc. 203, 423) § 19.2-386.2:1. Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner.

If the property seized is a motor vehicle required by the motor vehicle laws of Virginia to be registered, the attorney for the Commonwealth shall forthwith notify the Commissioner of the Department of Motor Vehicles, by certified mail, of such seizure and the motor number of the vehicle so seized, and the Commissioner shall promptly certify to such attorney for the Commonwealth the name and address of the person in whose name such vehicle is registered, together with the name and address of any person holding a lien thereon, and the amount thereof. The Commissioner shall also forthwith notify such registered owner and lienor, in writing, of the reported seizure and the county or city wherein such seizure was made.

The certificate of the Commissioner, concerning such registration and lien, shall be received in evidence in any proceeding, either civil or criminal, under any provision of this chapter, in which such facts may be material to the issue involved. (2012, cc. 283, 756; 2016, cc. 203, 423) § 19.2-386.3. Notice of seizure for forfeiture and notice of motion for judgment.

A. If an information has not been filed, then upon seizure of any property under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code, the agency seizing the property shall forthwith notify in writing the attorney for the Commonwealth in the county or city in which the seizure occurred, who shall, within 21 days of receipt of such notice, file a notice of seizure for forfeiture with the clerk of the circuit court. Such notice of seizure for forfeiture shall specifically describe the property seized, set forth in general terms the grounds for seizure, identify the date on which the seizure occurred, and identify all owners and lien holders then known or of record, including the treasurer of the locality in which the seized property is located. The clerk shall forthwith mail by first-class mail notice of seizure for forfeiture to the last known address of all identified owners and lien holders. When property has been seized under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code prior to filing an information, then an information against that property shall be filed within 90 days of the date of seizure or the property shall be released to the owner or lien holder.

B. Except as to corporations, all parties defendant shall be served, in accordance with § 8.01-296, with a copy of the information and a notice to appear prior to any motion for default judgment on the information. The notice shall contain a statement warning the party defendant that his interest in the property shall be subject to forfeiture to the Commonwealth unless within 30 days after service on him of the notice, or before the date set forth in the order of publication with respect to the notice, an answer under oath is filed in the proceeding setting forth (i) the nature of the defendant’s claim, (ii) the exact right, title or character of the ownership or interest in the property and the evidence thereof, and (iii) the reason, cause, exemption or defense he may have against the forfeiture of his interest in the Virginia Department of Criminal Justice Services 19 FORFEITED ASSET SHARING PROGRAM MANUAL property, including but not limited to the exemptions set forth in § 19.2-386.8. Service upon corporations shall be made in accordance with § 8.01-299 or subdivision 1 or 2 of § 8.01-301; however, if such service cannot be thus made, it shall be made by publication in accordance with § 8.01-317. (1989, c. 690; 1991, c. 560; 1996, c. 673; 2002, cc. 588, 623; 2004, c. 995; 2011, c. 83; 2012, cc. 283, 756) § 19.2-386.4. Records and handling of seized property.

Any agency seizing property under § 19.2-386.2, Chapter 22.2 (§ 19.2-386.15 et seq.), or other provision under the Code, pending forfeiture and final disposition, may do any of the following:

1. Place the property under constructive seizure by posting notice of seizure for forfeiture on the property or by filing notice of seizure for forfeiture in any appropriate public record relating to property;

1. Remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money, deposit it in an interest-bearing account;

1. Remove the property to a place designated by the circuit court in the county or city wherein the property was seized; or

1. Provide for another custodian or agency to take custody of the property and remove it to an appropriate location within or without the jurisdiction of the circuit court in the county or city wherein the property was seized or in which the complaint was filed.

A report regarding the type of property subject to forfeiture and its handling pursuant to this section and § 19.2-386.5, and the final disposition of the property shall be filed by the seizing agency with the Department of Criminal Justice Services in accordance with regulations promulgated by the Board. (1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756.) § 19.2-386.5. Release of seized property.

At any time prior to the filing of an information, the attorney for the Commonwealth in the county or city in which the property has been seized pursuant to Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code may, in his discretion, upon the payment of costs incident to the custody of the seized property, return the seized property to an owner or lien holder, without requiring that the owner or lien holder post bond as provided in § 19.2-386.6, if he believes the property is properly exempt from forfeiture pursuant to § 19.2-386.8. (1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756.) § 19.2-386.6. Bond to secure possession.

If the owner or lien holder of the named property desires to obtain possession thereof before the hearing on the information filed against the same, such property shall be appraised by the clerk of the court where such information is filed. The clerk shall promptly cause the property to be appraised at its fair cash value, and forthwith make return thereof in writing to the court. Any appraisal fee shall be taxed as costs as provided in § 19.2-386.12. Upon the return of the appraisal, the owner or lien holder may give a bond payable to the Commonwealth, in a penalty of the amount equal to the appraised value of the property plus the court costs which may accrue, with security to be approved by the clerk and conditioned for the performance of the final judgment of the court, on the trial of the information. A further condition shall be that, if upon the hearing on the information, the judgment of the court is that such property, or any part thereof, or Virginia Department of Criminal Justice Services 20 FORFEITED ASSET SHARING PROGRAM MANUAL such interest and equity as the owner or lien holder may have therein, is forfeited, judgment may thereupon be entered against the obligors on such bond for the penalty thereof, without further or other proceedings against them thereon, to be discharged by the payment of the appraised value of the property so seized and forfeited, and costs. Upon such judgment, execution may issue, on which the clerk shall endorse, “No security to be taken.” Upon giving of the bond, the property shall be delivered to the owner or lien holder. (1989, c. 690.) § 19.2-386.7. Sale of property liable to deterioration.

If the property seized is perishable or liable to deterioration, decay, or injury by being detained in custody pending the proceedings, the circuit court for the county or city in which the information is filed or in which the property is located, may order the same to be sold upon such notice as the court, in its discretion, may deem proper and hold the proceeds of sale pending the final disposition of such proceedings. (1989, c. 690.) § 19.2-386.8. Exemptions.

The following exemptions shall apply to property otherwise subject to forfeiture:

1. No conveyance used by any person as a lawfully certified common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this section unless the owner of the conveyance was a consenting party or privy to the conduct giving rise to forfeiture or knew or had reason to know of it.

1. No conveyance may be forfeited under the provisions of this section for any conduct committed by a person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of this Commonwealth, or any other state, the District of Columbia, the United States or any territory thereof.

1. No owner’s interest may be forfeited under this chapter if the court finds that: a. He did not know and had no reason to know of the conduct giving rise to forfeiture; b. He was a bona fide purchaser for value without notice; c. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied; or d. The conduct giving rise to forfeiture was committed by a tenant of a residential or commercial property owned by a landlord, and the landlord did not know or have reason to know of the tenant’s conduct.

1. No lien holder’s interest may be forfeited under this chapter if the court finds that: a. The lien holder did not know of the conduct giving rise to forfeiture at the time the lien was granted; b. The lien holder held a bona fide lien on the property subject to forfeiture and had perfected the same in the manner prescribed by law prior to seizure of the property; and c. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied.

In the event the interest has been sold to a bona fide purchaser for value in order to avoid the provisions of this chapter, the Commonwealth shall have a right of action against the seller of the property for the proceeds of the sale.

(1989, c. 690; 2005, c. 883.) § 19.2-386.9. Appearance by owner or lien holder.

Any person claiming to be an owner or lien holder of the named property may appear at any time within thirty days after service on him of notice to appear or on or before the date certain set forth in any order of publication under § 8.01-317 or such longer time as the court in its discretion may allow to prevent a miscarriage of justice. Any person without actual or constructive notice of the forfeiture proceedings claiming to be an owner or lienholder may appear at any time before final judgment of the trial court and be made a party to the action.

Virginia Department of Criminal Justice Services 21 FORFEITED ASSET SHARING PROGRAM MANUAL Such appearance shall be by answer, under oath, which shall clearly set forth (i) the nature of the defendant’s claim; (ii) the exact right, title or character of the ownership or interest in the property and the evidence thereof; and (iii) the reason, cause, exemption or defense he may have against the forfeiture of the property.

(1989, c. 690; 1991, c. 560.) § 19.2-386.10. Forfeiture; default judgment; remission; trial

A. A party defendant who fails to appear as provided in § 19.2-386.9 shall be in default. The forfeiture shall be deemed established as to the interest of any party in default upon entry of judgment as provided in § 19.2-386.11. Within 21 days after entry of judgment, any party defendant against whom judgment has been so entered may petition the Department of Criminal Justice Services for remission of his interest in the forfeited property. For good cause shown and upon proof by a preponderance of the evidence that the party defendant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8, the Department of Criminal Justice Services shall grant the petition and direct the state treasury to either (i) remit to the party defendant an amount not exceeding the party defendant’s interest in the proceeds of sale of the forfeited property after deducting expenses incurred and payable pursuant to subsection B of § 19.2-386.12 or (ii) convey clear and absolute title to the forfeited property in extinguishment of such interest.

If any party defendant appears in accordance with § 19.2-386.9, the court shall proceed to trial of the case, unless trial by jury is demanded by the Commonwealth or any party defendant. At trial, the Commonwealth has the burden of proving by clear and convincing evidence that the property is subject to forfeiture under this chapter. Upon such a showing by the Commonwealth, the claimant has the burden of proving by a preponderance of the evidence that the claimant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8.

B. The information and trial thereon shall be independent of any criminal proceeding against any party or other person for violation of law.

(1989, c. 690; 1991, c. 560; 2016, cc. 203, 423, 664; 2020, c. 1000) § 19.2-386.11. Judgment of condemnation; destruction.

A. If the forfeiture is established, the judgment shall be that the property be condemned as forfeited to the Commonwealth subject to any remission granted under subsection A of § 19.2-386.10 and further that the same be sold, unless (i) a sale thereof has been already made under § 19.2-386.7, (ii) the court determines that the property forfeited is of such minimal value that the sale would not be in the best interest of the Commonwealth or (iii) the court finds that the property may be subject to return to a participating agency. If the court finds that the property may be subject to return to an agency participating in the seizure in accordance with subsection C of § 19.2-386.14, the order shall provide for storage of the property until the determination to return it is made or, if return is not made, for sale of the property as provided in this section and § 19.2-386.12. If sale has been made, the judgment shall be against the proceeds of sale, subject to the rights of any lien holder whose interest is not forfeited. If the property condemned has been delivered to the claimant under § 19.2-386.6, further judgment shall be against the obligors in the bond for the penalty thereof, to be discharged by the payment of the appraised value of the property, upon which judgment, process of execution shall be awarded and the clerk shall endorse thereon, “No security is to be taken.”

B. Forfeited cash and negotiable instruments shall be disposed of pursuant to the provisions of § 19.2-386.12.

C. Contraband, the sale or possession of which is unlawful, weapons and property not sold because of the minimal value thereof, may be ordered destroyed by the court. (1989, c. 690; 1991, c. 560; 1993, c. 484.) Virginia Department of Criminal Justice Services 22 FORFEITED ASSET SHARING PROGRAM MANUAL § 19.2-386.12. Sale of forfeited property.

A. Any sale of forfeited property shall be made for cash, after due advertisement. The sale shall be by public sale or other commercially feasible means authorized by the court in the order of forfeiture and shall vest in the purchaser a clear and absolute title to the property sold subject to the rights of any lien holder whose interest is not forfeited. The proceeds of sale, and whatever may be realized on any bond given under § 19.2-386.6, and any money forfeited shall be paid over to the state treasury into a special fund of the Department of Criminal Justice Services in accordance with § 19.2-386.14.

B. In all cases of forfeiture under this section, the actual expenses incident to the custody, preservation, and management of the seized property prior to forfeiture, the actual expenses incident to normal legal proceedings to perfect the Commonwealth’s interest in the seized property through forfeiture, and the actual expenses incident to the sale thereof, including commissions, shall be taxed as costs and shall be paid to the person or persons who incurred these costs out of the net proceeds from the sale of such property. If there are no proceeds, the actual expenses shall be paid by the Commonwealth from the Criminal Fund. Actual expenses in excess of the available net proceeds shall be paid by the Commonwealth from the Criminal Fund. The party or parties in interest to any forfeiture proceeding commenced under this section shall be entitled to reasonable attorney’s fees and costs if the forfeiture proceeding is terminated in favor of such party or parties. Such fees and costs shall be paid by the Commonwealth from the Criminal Fund.

The residue, if any, shall be paid and disbursed as provided in subsection A of § 19.2-386.10 and § 19.2-386.14 and regulations promulgated by the Criminal Justice Services Board. (1989, c. 690; 1991, c. 560.) § 19.2-386.13. Writ of error and supersedeas.

For the purpose of review on a writ of error or supersedeas, a final judgment or order in the cause shall be deemed a final judgment or order within the meaning of subsection A of § 8.01-670. (1989, c. 690; 2005, c. 681.) § 19.2-386.14. Sharing of forfeited assets.

A. All cash, negotiable instruments, and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees, and costs as provided in § 19.2-386.12, shall, as soon after entry of the forfeiture as is practicable, be distributed in a manner consistent with this chapter and Article VIII, Section 8 of the Constitution of Virginia.

A1. All cash, negotiable instruments and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees and costs as provided in § 19.2-386.12, shall, as soon after entry of the forfeiture as is practicable, be paid over to the state treasury into a special fund of the Department of Criminal Justice Services for distribution in accordance with this section. The forfeited property and proceeds, less 10 percent, shall be made available to federal, state and local agencies to promote law enforcement in accordance with this section, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, or promote cooperation with law enforcement, and regulations adopted by the Criminal Justice Services Board to implement the asset-sharing program.

The 10 percent retained by the Department shall be held in a nonreverting fund, known as the Asset Sharing Administrative Fund. Administrative costs incurred by the Department to manage and operate the asset-sharing program shall be paid from the Fund. Any amounts remaining in the Fund after payment of these costs shall be Virginia Department of Criminal Justice Services 23 FORFEITED ASSET SHARING PROGRAM MANUAL used to promote state or local law-enforcement activities. Distributions from the Fund for these activities shall be based upon need and shall be made from time to time in accordance with regulations promulgated by the Board.

B. Any federal, state or local agency or office that directly participated in the investigation or other law-enforcement activity which led, directly or indirectly, to the seizure and forfeiture shall be eligible for, and may petition the Department for, return of the forfeited asset or an equitable share of the net proceeds, based upon the degree of participation in the law-enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law-enforcement effort with respect to the violation of law on which the forfeiture is based.

Upon finding that the petitioning agency is eligible for distribution and that all participating agencies agree on the equitable share of each, the Department shall distribute each share directly to the appropriate treasury of the participating agency.

If all eligible participating agencies cannot agree on the equitable shares of the net proceeds, the shares shall be determined by the Criminal Justice Services Board in accordance with regulations which shall specify the criteria to be used by the Board in assessing the degree of participation in the law-enforcement effort resulting in the forfeiture.

C. After the order of forfeiture is entered concerning any motor vehicle, boat, aircraft, or other tangible personal property, any seizing agency may (i) petition the Department for return of the property that is not subject to a grant or pending petition for remission or (ii) request the circuit court to order the property destroyed. Where all the participating agencies agree upon the equitable distribution of the tangible personal property, the Department shall return the property to those agencies upon finding that (a) the agency meets the criteria for distribution as set forth in subsection B and (b) the agency has a clear and reasonable law-enforcement need for the forfeited property.

If all eligible participating agencies cannot agree on the distribution of the property, distribution shall be determined by the Criminal Justice Services Board as in subsection B, taking into consideration the clear and reasonable law-enforcement needs for the property which the agencies may have. In order to equitably distribute tangible personal property, the Criminal Justice Services Board may require the agency receiving the property to reimburse the Department in cash for the difference between the fair market value of the forfeited property and the agency’s equitable share as determined by the Criminal Justice Services Board.

If a seizing agency has received property for its use pursuant to this section, when the agency disposes of the property (1) by sale, the proceeds shall be distributed as set forth in this section; or (2) by destruction pursuant to a court order, the agency shall do so in a manner consistent with this section.

D. All forfeited property, including its proceeds or cash equivalent, received by a participating state or local agency pursuant to this section shall be used to promote law enforcement, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, or promote cooperation with law enforcement, but shall not be used to supplant existing programs or funds. The Board shall promulgate regulations establishing an audit procedure to ensure compliance with this section.

E. On or after July 1, 2012, but before July 1, 2014, local seizing agencies may contribute cash funds and proceeds from forfeited property to the Virginia Public Safety Foundation to support the construction of the Commonwealth Public Safety Memorial. Any funds contributed by seizing agencies shall be contributed only after an internal analysis to determine that such contributions will not negatively impact law-enforcement training or operations.

F. The Department shall report annually on or before December 31 to the Governor and the General Assembly the amount of all cash, negotiable instruments, and proceeds from sales conducted pursuant to § 19.2-386.7 or 19.2-386.12 that were forfeited to the Commonwealth, including the amount of all forfeitures distributed to the Literary Fund. Such report shall also detail the amount distributed by the Department to each federal, state, or local agency or office pursuant to this section, and the amount each state or local agency or office received from federal asset forfeiture proceedings. Any state or local agency that receives a forfeited asset or an equitable share of the net proceeds of a forfeited asset from the Department or from a federal asset forfeiture proceeding shall inform the Department, in a manner prescribed by the Department, of (i) the offense on which the forfeiture is based listed in the Virginia Department of Criminal Justice Services 24 FORFEITED ASSET SHARING PROGRAM MANUAL information filed pursuant to § 19.2-386.1, (ii) any criminal charge brought against the owner of the forfeited asset, and (iii) if a criminal charge was brought against the owner of the forfeited asset, the status of the charge, including whether the charge is pending or resulted in a conviction. The Department shall include such information in the annual report. The Department shall ensure that such report is available to the public. (1991, c. 560; 2012, cc. 126, 283, 373, 756; 2016, cc. 203, 423; 2018, c. 666; 2022, c. 266.) § 19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions.

A. The following property shall be subject to lawful seizure by any officer charged with enforcing the provisions of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2: (i) all money, medical equipment, office equipment, laboratory equipment, motor vehicles, and all other personal and real property of any kind or character, used in substantial connection with (a) the illegal manufacture, sale or distribution of controlled substances or possession with intent to sell or distribute controlled substances in violation of § 18.2-248, (b) the sale or distribution of marijuana or possession with intent to distribute marijuana in violation of subdivisions (a)(2), (a)(3) and (c) of § 18.2-248.1, or (c) a drug-related offense in violation of § 18.2-474.1; (ii) everything of value furnished, or intended to be furnished, in exchange for a controlled substance in violation of § 18.2-248 or for marijuana in violation of § 18.2-248.1 or for a controlled substance or marijuana in violation of § 18.2-474.1; and (iii) all moneys or other property, real or personal, traceable to such an exchange, together with any interest or profits derived from the investment of such money or other property. Under the provisions of clause (i), real property shall not be subject to lawful seizure unless the minimum prescribed punishment for the violation is a term of not less than five years.

B. All seizures and forfeitures under this section shall be governed by the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.). (Code 1950, § 18.1-346; 1960, c. 358; 1970, c. 650; 1972, c. 799; 1973, c. 171; 1975, cc. 14, 15, § 18.2-249; 1976, c. 132; 1979, c. 435; 1982, c. 462; 1985, c. 569; 1986, cc. 449, 485; 1988, cc. 575, 753; 1989, cc. 638, 690; 1993, c. 825; 1999, c. 269; 2004, c. 995; 2011, cc. 384, 410; 2014, cc. 674, 719.) Virginia Department of Criminal Justice Services 25

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX E

Criminal Justice Services Board Rules and Regulations for Asset Sharing Program

RULES RELATING TO THE FORFEITED ASSET SHARING PROGRAM

Pursuant to the provisions of §§ 19.2-386.4, 386.10, and 386.14, the Criminal Justice Services Board hereby promulgates the following regulations for the Forfeited Asset Sharing Program:

§ 1. Definitions The following words and terms, when used in these regulations, shall have the following meaning, unless the context clearly indicates otherwise:

Agency means any federal, state or local agency or office that directly participated in the investigation or other law-enforcement activity which led directly or indirectly to the seizure and forfeiture.

Agency administrator means any Chief of Police, Sheriff, and Commonwealth’s Attorney or agency head of a federal, state or local agency, or office.

Asset means any property or interest in property, whether tangible or intangible, real or personal.

Board means the Criminal Justice Services Board.

Chief Administrative Officer means the officer vested with the administrative and executive function of a political subdivision (e.g. city manager, county manager, etc.), or in the case of an executive branch agency, the director, administrator, superintendent or other equivalent position as provided by law, unless such agency operates under a Supervisory Board as defined in Code of Virginia §9-6.25:3, in which case the chairman of the Supervisory Board shall be deemed “Chief Administrative Officer.”

Department or DCJS means the Department of Criminal Justice Services.

Designated Seizing Agency means the agency or office which initiates the seizure, or which retains possession of the seized property. Designated seizing agency may include the agency chosen by mutual decision of the participating agencies.

Director means the chief administrative officer of the Department of Criminal Justice Services.

In-kind Property in this context means the actual property, other than cash, seized, forfeited and returned to the seizing agency for law enforcement purposes. In-kind property includes property that is exchanged for original in-kind property.

Proceeds means actual cash forfeited, and the cash value returned from the sale of forfeited property, including property that may have been returned “in-kind” and sold during a one year period or for a value greater than $500.

Virginia Department of Criminal Justice Services 26FORFEITED ASSET SHARING PROGRAM MANUAL § 2. Applicability The following regulations apply to all agencies or offices, in so far as they participate in the seizure and forfeiture of drug assets under Virginia law.

§ 3. Asset Seizure A. Property subject to seizure under §19.2-386.22, that is seized with the intent to forfeit to the Commonwealth and retain the property or proceeds for law enforcement use pursuant to Chapter 22.1 of Title 19.2 must be reported to the Department provided that the property or cash value exceeds five hundred dollars ($500).

B. The agency administrator of the designated seizing agency will file a DCJS Form 998, Asset Seizure Reporting Form, within twenty-one (21) days of seizure. This form calls for detailed information regarding the description and location of property. If more than one agency participates in the seizure the names and addresses of agency administrators shall be reported to the Department on the Form 998.

§ 4. Report of Proceeds, Costs and Asset Sharing Agreements Once the court has ordered disposition of the forfeited asset(s) pursuant to § 19.2-386.11, the designated seizing agency will file a DCJS Form 999, Seized Property Disposition/Sharing Decision Form, with the Department. This form should be accompanied by:

1. Copy of the court order.
2. Petition for In-Kind Property
3. List of Costs Incurred to Manage Seized Assets
4. Cashier’s Check or Money Order in the amount of the Net Forfeited Proceeds (total proceeds minus amount for costs incurred that are allowable under §19.2-386.12 or other costs if approved by the court) made payable to the Treasurer of Virginia

§ 5. Remission of Innocent Property Interests

1. Petitions for remission by innocent property holders or innocent lien holders shall be filed with the Virginia Department of Criminal Justice Services, at 1100 Bank Street, 12th Floor Richmond, VA 23219. Petitions for remission shall contain such information as will allow the Department to identify the forfeiture involved, including the name of the Circuit Court from which the forfeiture was ordered. The petition shall clearly and specifically allege the grounds upon which petitioner seeks remission, and the statutory basis for relief.

§ 6. Valuation of “In-Kind” Property for purposes of distribution

1. Valuation of In-Kind property shall be done in all cases of distribution upon which there is not agreement among participating jurisdictions.
2. Evidence of value shall be submitted by the agency seeking possession of the property, and may be submitted by any participating agency.
3. Evidence of value may be submitted in any form, including appraisals, assessments, references to “book value”, etc., as the submitting agency deems necessary to establish the Fair Market Value (FMV) of the property.
4. Final determination of Fair Market Value shall be made by the Criminal Justice Services Board based upon a review of all evidence of value presented to it.
5. The cost of an appraisal will be recognized as a cost incident to the custody, preservation, and management of the property, and may be reimbursed to the agency submitting the appraisal from total forfeiture funds prior to the distribution of net proceeds. If there are not proceeds to be distributed, the cost of appraisal will not be reimbursed.

Virginia Department of Criminal Justice Services 27 FORFEITED ASSET SHARING PROGRAM MANUAL § 7. Distribution Procedures for Proceeds and “In-Kind” Property A. Distribution of “In-Kind” property when all parties are in agreement.

1. The submission of a DCJS Form 999, with all attachments, including the agreement between the law-enforcement agencies shall constitute a petition for return of in-kind property when there is agreement between the agencies as to the disposition of such in-kind property. These petitions shall be treated by the Department as approved, provided that the clear and reasonable law-enforcement need for the forfeited property has been demonstrated [§ 19.2-386.14(C)(ii)] in the petition.
2. If the Department cannot ascertain the “clear and reasonable law-enforcement need for the forfeited property”, it may seek such additional information as will allow it to make the determination.
3. If the Department is unable to determine the “clear and reasonable law-enforcement need for the forfeited property” it shall submit the question to the next regularly scheduled meeting of the Criminal Justice Services Board for determination.

B. Distribution of disputed “in-kind” property.

1. Any participating agency or office may petition the Department for the return of any forfeited motor vehicle, boat or aircraft, or other tangible personal property within ten (10) days of the court’s finding of compliance with § 19.2-386.14(A)(iii).
2. The petition for return of “in-kind” property shall be on the petitioning agency’s letterhead, and shall contain the name, address, telephone number, and name of the agency administrator in the participating jurisdictions known to have been involved in the seizure and forfeiture.
3. Petitions shall be filed with the Department at 1100 Bank Street, 12th floor, Richmond, VA 23219.
4. Upon receipt of a disputed petition for distribution of “in-kind” property, the Department shall notify the Chairman of the Criminal Justice Services Board, and the process for resolution contained in the section of these regulations for Joint Agency Sharing of Forfeited Assets shall be implemented. This shall include the mailing of notices for responsive petitions.
5. Findings by the committee or the Board shall include, without limitation, the following: a. A determination of the Fair Market Value of the “in-kind” property. b. A determination of the proportional share due to each participating jurisdiction involved in the forfeiture. c. An amount, if any, which a participating agency must pay to the Department to keep the property, and set a reasonable time for the agency to pay that amount to the Department. d. A determination of the “clear and reasonable law-enforcement need for the forfeited property”.

C. Joint Agency Sharing of Forfeited Assets

1. In all cases in which there is agreement between participating agencies for the distribution of proceeds or in-kind property, distribution shall be made by the Department according to the terms of the agreement contained on Form 999, or evidence of agreement attached to that form, subject to a petition challenging the agreement and subject to concurrence by the Board of a reasonable law-enforcement need for the in-kind property pursuant to § 7.A (3).
2. Any agency or office not in agreement as to the distribution of forfeited proceeds may petition the Criminal Justice Services Board for a proportional share of the proceeds.
3. The petition shall be filed on the letterhead of the participating agency and shall identify all other participating agencies or offices.
4. The petition shall identify the proportional share of proceeds to which the petitioning agency believes it is entitled and the grounds upon which it relies for that determination.
5. The petition shall be filed at the Department of Criminal Justice Services, 1100 Bank Street, 12th floor, Richmond, VA 23219.
6. The petition shall be filed within twenty-one (21) days of the entry of the court’s forfeiture order in the case.

Virginia Department of Criminal Justice Services 28

FORFEITED ASSET SHARING PROGRAM MANUAL

1. Upon receipt of the petition for participation in distribution, the Department shall forward copies of the petition to all known participating agencies or offices with a request for a responsive petition.
2. The Agency Administrator shall file responsive petitions at DCJS within fourteen (14) days of receipt.
3. Upon receipt at DCJS of all petitions related to a particular forfeiture, or upon expiration of the time for receipt of all petitions, DCJS shall prepare a decision package for the Forfeited Assets Distribution Committee.

D. Hearing

1. Upon receipt of a petition raising any question or contesting any distribution with the authority of these regulations, the petition shall be referred to the Chairman of the Forfeiting Assets Distribution Committee (FADC) of the Criminal Justice Services Board.
2. The Chairman of the FADC shall designate a time and place for the committee to meet.
3. Meetings shall be held no later than forty-five (45) days after receipt of a petition for contested distribution, unless continued from time to time as required.
4. All participating agencies or offices shall be notified of the time and place of the meeting.
5. The FADC or Board shall consider the following criteria in reviewing petitions brought before it: a. General: The degree of participation in the law-enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law-enforcement effort with respect to the violation of law on which the forfeiture is based. b. Specific:
6. Whether the agency or office originated the information that lead to the seizure, and whether the agency obtained such information by use of its investigative assets, or through fortuitous events;
7. Whether the agency provided unique or indispensable assistance;
8. Whether the agency initially identified the asset or seizure;
9. Whether the agency seized other assets during the course of the same investigation and whether such seizures were made pursuant to state law;
10. Whether the agency could have achieved forfeiture under federal law, with favorable consideration given to an agency which could have forfeited the assets on its own, but joined forces with another agency to produce a more effective investigation;
11. Upon reviewing all petitions and arguments in the case, and after weighing the factors and criteria listed in these regulations, the FADC or Board shall determine, by majority vote, the proportional share of the proceeds, and shall direct the Department to distribute the proceeds according to law;
12. A decision of the FADC will be final for purposes of distribution of forfeited assets, unless, within ten (10) days of the FADC decision, a participating agency notifies the Department of an appeal to the Criminal Justice Services Board;
13. Appeals of FADC decisions shall be placed on the agenda of the next Criminal Justice Services Board meeting;
14. Appeals of FADC decisions will be heard by the full Board upon the report of the Committee, and upon such additional evidence and information as introduced during the meeting by participating agencies or offices. 10. The decision on appeal by the Criminal Justice Services Board shall be final.

§ 8. Certification A. Prior to disbursement of proceeds by the Department, the chief administrative officer of the participating jurisdiction shall sign, on its official stationary, the following certification: “I certify that the proceeds applied for and any income or interest derived there from will be used for law enforcement purposes, and will not be used to supplant existing funds from any source whatsoever.” Virginia Department of Criminal Justice Services 29 FORFEITED ASSET SHARING PROGRAM MANUAL B. Agencies or offices that participate in the distribution of property or proceeds under Chapter 22. 1 of Title 19.2, agree to maintain records of the use and handling of the respective proceeds or property and any income or interest derived there from for a period of three years from receipt. The Department may audit the records of the forfeited assets at any time during those three years, and shall report the findings of any such audit to the Criminal Justice Services Board.

C. The Department requires that all participants in the Forfeited Asset Sharing Program submit an annual financial statement of receipts and expenditures related to the program, certifying that the proceeds applied for and any income or interest derived there from was used for law-enforcement purposes and was not used to supplant existing funds from any source. This certification and a financial statement must be submitted to the Department six months after the close of the designated fiscal year.

Virginia Department of Criminal Justice Services 30

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX F

Sample Task Force Agreement

Memorandum of Understanding Regional Narcotic Enforcement Task Force

Introduction

In __________, the chief law-enforcement officials in the towns/cities of __________, __________, and __________, with the counties of __________, __________, and __________, counties in conjunction with the Virginia State Police, Bureau of Criminal Investigation, identified the need for a regional narcotics enforcement task force, the primary purpose of which would be to initiate enforcement action directed at those individuals/organizations that have been identified as major multi-jurisdictional violators. It was the considered opinion of those present that such a Task Force would have a positive multi-jurisdictional impact on illegal drug trafficking in these jurisdictions.

The Regional Narcotic Enforcement Task Force’s goals and objectives will be to target, investigate, and prosecute individuals/organizations who deal in quantity of narcotics and who impact the jurisdictions signatory to this agreement.

The Task Force will not be restricted to any particular narcotics.

These goals and objectives will be accomplished by making maximum use of the full range of law-enforcement techniques and skills available to the participants.

Agreement

This agreement for furnishing police services is made and entered into this ____ day of __________, ______by and among signatories hereto.

WHEREAS: All parties agree that it is to their mutual benefit to cooperate in the enforcement of the controlled substance laws as set forth in the Virginia Code § 18.2-247 et seq., as amended.

Now, therefore, the parties jointly resolve and agree to the establishment of a Regional Narcotics Task Force, hereinafter referred to as “TASK FORCE”, the purpose of which is to improve the enforcement of the controlled substance laws as set forth in Virginia Code § 18.2-248 et seq., as amended, and the parties further agree to the following:

A. The Task Force will be governed by a Command Group, the members of which will be comprised of the Chiefs of Police of the towns/cities of __________, __________, and __________ and the Sheriffs of __________, __________, and __________ counties, along with a supervisor of the Virginia State Police, Bureau of Criminal Investigation. The purpose of the Command Group is to set the goals and objectives of the Task Force, meet and establish the policy and procedures that the Task Force will operate under. These policies and procedures will be attached as a part of this agreement as Addendum #1.

B. The Task Force coordinator will be supervised by the Command Group. The Task Force coordinator will prepare and distribute a monthly report of activities of the Task Force to each member of the Command Group. He will also take minutes of Command Group Meetings.

Virginia Department of Criminal Justice Services 31FORFEITED ASSET SHARING PROGRAM MANUAL C. A minimum of one (1) experienced officer from each jurisdiction, and the Virginia State Police, Bureau of Criminal Investigation will be detailed to the Task Force for a minimum of one year. During the period of this agreement a member of the Virginia State Police/Bureau of Criminal Investigation will coordinate the Task Force.

Any replacement assigned will join the Task Force two (2) weeks prior to the date of change to help ensure continuity on the Task Force.

D. All salaries, overtime, pension, relief, disability, Workers’ Compensation, other expenses and benefits enjoyed by Task Force members in their parent organization shall extend to their assignment to this Task Force.

E. Conduct which requires disciplinary action against a Task Force member will be reported to the appropriate official of the member’s agency for action.

F. Each party shall identify the other parties to this agreement from all claims by third parties for property damage or personal injury which may arise out of the activities of such parties officers assigned to the Task Force. Each party shall waive any and all claims against all the other parties hereto which may arise out of the Task Force’s activities.

G. Participating police officers serving under this agreement shall not become involved with matters other than those pertaining to possible violations of narcotics laws, except as required by State Law, nor shall they make arrests outside of their individual jurisdictions when conducting general investigative activities not associated with a narcotics investigation, except as required by State Law.

All participating agencies will provide the following equipment to support the activities of the officers assigned to the Task Force: A. Undercover type vehicles, including costs of repair and maintenance.

B. Technical equipment, including tape recorder, binoculars, 35 mm camera, telephone, pager, vest and other support items when available.

The cost, if necessary for secretarial assistance, office space, utility, telephone and any other expenses shall be shared equally by participating agencies.

The Virginia State Police, Bureau of Criminal Investigation agrees to provide equipment for the Task Force activities as follows: A. Virginia State Police radio and communications system to each full-time Task Force member, when available.

B. Virginia State Police, Bureau of Criminal Investigation agrees to seek special State Police authority for members assigned on a full-time basis to this Task Force. Such authority to be used only as specified/authorized in written instruction to be provided.

C. Virginia State Police, Bureau of Criminal Investigation, through its Drug Trust Account and Criminal Investigation funds, agrees to provide:

1. Assistance for payments to informants for information and services in Task Force cases. The amount to be in accordance with Virginia State Police, Bureau of Criminal Investigation policy concerning payment to informants.

Virginia Department of Criminal Justice Services 32

FORFEITED ASSET SHARING PROGRAM MANUAL

1. Assistance for the purchase of drugs as evidence in Task Force cases in keeping with Virginia State Police, Bureau of Criminal Investigation policy.
2. Flash rolls for furtherance of Task Force investigations, on an as-needed basis, in keeping with Virginia State Police, Bureau of Criminal Investigation policy. a. Accounting for funds indicated in 1, 2, and 3, will be reported in the same method and on the same forms as prescribed by the Virginia State Police, Bureau of Criminal Investigation policies.

All parties agree that all assets seized by the task force will be shared equally among all participating agencies, however, prior to the sharing of any assets seized by this task force during an investigation, all expenses for informants and/or drug purchases made in that investigation with funds from participating agencies will be reimbursed to those agencies to the extent that forfeited assets are available.

This agreement shall remain in effect until terminated by the parties hereto, upon written notice, setting forth the date of such termination. Withdrawal from this agreement by one party hereto shall be made by written notice to the other parties thirty (30) days prior to said withdrawal. Withdrawal by one party shall terminate the agreement among the signatories hereto.

IN WITNESS HEREOF, the parties hereto have executed this agreement.

ATTEST:

County of

BY: __________________________________

County of

BY: __________________________________

County of

BY: __________________________________

Town/City of

BY: __________________________________

Town/City of

BY: __________________________________

Town/City of

BY: __________________________________

Virginia State Police

BY: __________________________________ Virginia Department of Criminal Justice Services 33

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX G

Sample Court Documents

Virginia

IN THE CIRCUIT COURT OF THE CITY OF

WARRANT FOR THE ARREST OF PROPERTY

IN RE: {DESCRIPTION OF THE PROPERTY}

TO: Any authorized law-enforcement officer

The Commonwealth of Virginia, by counsel, having made information that the above referenced property was used in substantial connection with, or represents the proceeds from, the manufacture, sale, or distribution of controlled substances or marijuana, YOU ARE COMMANDED to forthwith take into custody the above referenced property and to keep it safely and in good order until this property is disposed of by this Court.

By: ______________________

Deputy Clerk

Virginia Department of Criminal Justice Services 34FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

IN RE:

{DESCRIPTION OF PROPERTY}

TO:

{LIST NAME(S) AND

Docket #: ___________________

ADDRESS(ES) OF ALL OWNERS

OR LIENHOLDERS OF RECORD} NOTICE OF SEIZURE TAKE NOTICE that on {DATE OF SEIZURE}, the above referenced property was seized by law-enforcement authorities of the Commonwealth of Virginia at {LOCATION OF SEIZURE} because it was involved in a violation of §19.2-386.22 of the Code of Virginia (1950), as amended, in that it was used in substantial connection with, or represents proceeds from, the manufacture, sale, or distribution of controlled substances or marijuana.

COMMONWEALTH OF VIRGINIA

By: _____________________________

Commonwealth’s Attorney Virginia Department of Criminal Justice Services 35 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY}

Docket #: __________________

and

{LIST THE NAME AND ADDRESS OF

EACH OWNER OR LIENHOLDER}

NOTICE TO APPEAR

WHEREAS, the Commonwealth of Virginia, by counsel, has informed this Court that property in which you may have an interest was used in substantial connection with, or represents proceeds from, the manufacture, sale, distribution, or the possession with intent to distribute a controlled substance or marijuana.

THEREFOR, each owner or lienholder of record is advised that if there is an objection to the forfeiture of their interest in this property, they must appear according to law within thirty days of service upon them of this information or by the date set forth in any order of publication and file an answer under oath setting forth (i) the nature of their claim, (ii) the exact right, title, or character of the ownership or interest in the property and the evidence thereof, and (iii) the reason, cause, exemption, or defense they may have against the forfeiture of their interest in the property.

Clerk of the Circuit Court Virginia Department of Criminal Justice Services 36 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY}

Docket #: _______________________

and

{LIST THE NAME(S) AND ADDRESS(ES) OF

EACH OWNER OR LIENHOLDER} INFORMATION COMES NOW the Commonwealth of Virginia, by {NAME OF PROSECUTOR}, Commonwealth’s Attorney, and informs the Court that on or about {DATE OF SEIZURE}, the defendant property was used in substantial connection with, or represents the proceeds from, the manufacture, sale, or distribution of controlled substances or marijuana in violation of §19.2-386.22 of the Code of Virginia (1950) as amended.

WHEREFORE, the Commonwealth requests that said property be condemned and forfeited to the Commonwealth according to law.

COMMONWEALTH OF VIRGINIA

By: ___________________________

{NAME OF PROSECUTOR}

Commonwealth’s Attorney

COMMONWEALTH OF VIRGINIA {JURISDICTION}, to-wit: This day personally appeared before me, a Notary Public in and for the City and State aforesaid, {NAME OF PROSECUTOR} and made oath that the above statements are, to the best of {HIS/HER} knowledge, true and accurate.

Given under my hand this ______day of ____________, ______.

_______________________________

NOTARY PUBLIC

My Commission expires: _____________________________ Virginia Department of Criminal Justice Services 37 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY}

Docket #: ________________________

and

{NAME OF EACH OWNER OR

LIENHOLDER}

ORDER OF FORFEITURE

THIS CAUSE came to be heard upon the Information filed by the Commonwealth to appear and show cause why {DESCRIPTION OF THE PROPERTY} should not be forfeited to the Commonwealth under the provisions of §19.2-386.1 et seq. of the Code of Virginia (1950) as amended; and

IT APPEARING to the Court that {NAME OF OWNER} appeared by counsel; and

IT FURTHER APPEARING to the Court that {NAME OF LIENHOLDER} appeared in person; and

IT FURTHER APPEARING to the Court that said property was used in substantial connection with, or represents the proceeds from, the manufacture, sale, or distribution of controlled substances or marijuana in violation of §19.2-386.22 of the Code of Virginia (1950) as amended; and

IT FURTHER APPEARING to the Court that {NAME OF LIENHOLDER} did not know of, and had no reason to know of, the illegal conduct giving rise to this forfeiture;

IT IS THEREFORE ADJUDGED, ORDERED, and DECREED that {DESCRIPTION OF THE PROPERTY} be forfeited to the Commonwealth and condemned and sold according to law; and

IT IS FURTHER ORDERED that the proceeds of such sale shall be distributed as follows: 1) All expenses relating to the storage, maintenance, and sale of the property shall be paid; 2) Satisfaction of the lien held by {NAME OF LIENHOLDER} in the amount of {BALANCE OF LIEN}; and 3) the balance, if any, to be paid over to the Department of Criminal Justice Services for distribution according to law.

ENTER this_____ day of ______________, ______.

__________________________________________

Judge I ask for this:

__________________________ Attorney for the Commonwealth

• This form is for use when the property is to be sold and there is an innocent lienholder.

Virginia Department of Criminal Justice Services 38 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY}

Docket #: ____________________

and

{NAME AND ADDRESS OF EACH

OWNER OR LIENHOLDER}

ORDER OF FORFEITURE

THIS CAUSE came to be heard upon the Information filed by the Commonwealth to appear and show cause why {DESCRIPTION OF THE PROPERTY} should not be forfeited to the Commonwealth under the provisions of §19.2-386.1 et seq. of the Code of Virginia (1950) as amended; and

IT APPEARING to the Court that {NAME OF OWNER} appeared/failed to appear according to law after proper notice of this action; and

IT FURTHER APPEARING to the Court that said property was used in substantial connection with, or represents the proceeds from, the manufacture, sale, or distribution of controlled substances or marijuana in violation of §19.2-386.22 of the Code of Virginia (1950) as amended; and

IT FURTHER APPEARING to the Court that this property is suitable for law-enforcement use;

IT IS THEREFORE ADJUDGED, ORDERED, and DECREED that {DESCRIPTION OF THE PROPERTY} be stored pending disposition by the Department of Criminal Justice Services of any petition for the return of said property for law-enforcement use.

ENTER this _____ day of ______________, ______.

___________________________________________

Judge

I ask for this:

__________________________ Attorney for the Commonwealth

• This form is for use when the property is to be returned “In-Kind”.

Virginia Department of Criminal Justice Services 39 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY SEIZED}

Docket #: ____________________

and

{NAME OF EACH OWNER

OR LIENHOLDER}

ORDER OF FORFEITURE

THIS CAUSE came to be heard upon the Information filed by the Commonwealth to appear and show cause why {DESCRIPTION OF THE PROPERTY} should not be forfeited to the Commonwealth under the provisions of §19.2-386.1 et seq. of the Code of Virginia (1950) as amended; and

IT APPEARING to the Court that {NAME OF OWNER(S)} failed to appear according to law after proper notice of this action; and

IT FURTHER APPEARING to the Court that said property was used in substantial connection with, or represents the proceeds from, the manufacture, sale, or distribution of controlled substances or marijuana in violation of §19.2-386.22 of the Code of Virginia (1950) as amended;

IT IS THEREFORE ADJUDGED, ORDERED, and DECREED that {DESCRIPTION OF THE PROPERTY} be forfeited to the Commonwealth and condemned and sold according to law; and

IT IS FURTHER ORDERED that the proceeds of such sale shall be distributed as follows: 1) All expenses relating to the storage, maintenance, and sale of the property shall be paid; 2) the balance, if any, to be paid over to the Department of Criminal Justice Services for distribution according to law.

ENTER this _____ day of _______________, ______.

____________________________________________

Judge

I ask for this:

__________________________ Attorney for the Commonwealth

• This form is for use when there is a default judgment & no lienholder Virginia Department of Criminal Justice Services 40

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX H

Sample Agency Policy Statement

Police/Sheriff’s Department General Order

Subject: ASSET FORFEITURES Number: _________________

Effective Date: __________________________ Review Date: ______________

Amends/Supersedes: _____________________ Approved: ________________ Police Chief/Sheriff

NOTE: This rule or regulation is for internal use only, and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.

INDEX WORDS: asset forfeiture narcotics drug enforcement

I. POLICY: A constitutional amendment to state law permits law-enforcement agencies to benefit directly from the seizures made in narcotics or drug investigations. Formerly, in order to receive financial assistance through seized assets, law-enforcement agencies had to use the federal forfeiture process. We intend to aggressively enforce narcotics and dangerous drugs laws, and where our personnel make a substantial seizure of property according to state law, we will begin forfeiture proceedings. Whatever assets we recover through the forfeiture process, whether money or property, will be applied to legitimate enforcement needs, primarily to carry out other drug enforcement strategies. Under no circumstances will personnel select enforcement targets because of the expected financial gain accruing to the department: enforcement strategies are not dictated by profit.

II. PURPOSE: To outline the department’s participation in asset forfeitures from drug enforcement cases, and to state responsibilities of the asset forfeiture coordinator.

III. DEFINITIONS: A. Asset forfeiture coordinator (AFC): the officer designated by the chief/sheriff to be conversant in state forfeiture law (to wit, Chapter 22.1 of Title 19.2 of the Code of Virginia Chapter 22.1), to identify assets in case records and implement legal process to appropriate these assets for department use. The AFC will also perform as liaison to the Forfeiture Asset Dispute Committee, Criminal Justice Research Board, other state and federal agencies, and the courts, as needed.

B. Designated seizing agency: the agency or office that initiates the seizure, or which retains possession of the seized property. The designated seizing agency may be the agency chosen by mutual decision of the participating agencies.

Virginia Department of Criminal Justice Services 41FORFEITED ASSET SHARING PROGRAM MANUAL C. Assets: Includes both in-kind property and proceeds. In-kind property consists of whatever an agency can put to immediate use. Anything of value seized in association with a drug transaction is an asset for purposes of this order.

Proceeds refer to whatever money is raised through sale of property of a kind not immediately useful.

IV. PROCEDURES: A. Responsibilities of the asset forfeiture coordinator (AFC).

1. Review all police reports to identify property subject to forfeiture.
2. Ensure that all seizures for forfeitures are reported to the Department of Criminal Justice Services
3. Report to the assistant chief of police/chief deputy on all matters pertaining to forfeiture proceedings.
4. Choose and coordinate with vendors hired to manage seized property.
5. Coordinate, when possible, with other agency representatives, as designated by the chief/sheriff, for “pre-seizure” planning meetings to evaluate target assets to ascertain ownership and the existence of liens or encumbrances. a. The planning effort will make every reasonable effort to identify innocent lienholders to avoid inconveniencing them.

B. If the agency wishes to participate in state forfeiture procedures, the AFC shall:

1. Coordinate with the Commonwealth’s Attorney to enter a default judgment against persons who fail to respond to the court within 30 days to defend against seizure of their property.
2. Apply to DCJS for return of in-kind property for legitimate law-enforcement use.
3. Coordinate with the Commonwealth’s Attorney, or other officials as necessary to obtain a commercial sale of property in appropriate cases.
4. Coordinate with other agencies participating in a regional drug enforcement task force to agree on which agency will become the designated seizing agency for purposes of forfeiture proceedings. Negotiate with participating law-enforcement agencies for a suitable division of assets. a. Where agencies seize property pursuant to membership in a regional task force, the AFC will forward to DCJS a copy of the interagency agreement or contract that authorizes the task force. b. The AFC will assist inter-jurisdictional coordination to ensure that localities maintain separate forfeitures accounts and auditing procedures. Similarly, the AFC will track cases in which the department is involved but is not the primary seizing agency.
5. Ensure that the locality’s certification (that the proceeds will be used for law-enforcement purposes only and will not supplant existing resources) is submitted to DCJS, and renewed annually by the county/city manager.
6. Ensure that money seized is forwarded to DCJS in check form. Coordinates with the local finance officer, as necessary.

[NOTE: If the Finance officer is a member of the law-enforcement agency, the following responsibilities should be included in the agency order. If the finance officer serves the town or county, then the following responsibilities should be included in a job description or other town/county document] Virginia Department of Criminal Justice Services 42

FORFEITED ASSET SHARING PROGRAM MANUAL C. The agency finance officer shall:

1. Prepare checks to DCJS as soon as possible upon receipt by the agency of forfeited funds from drug transactions.
2. Prepare and maintain records on all property accruing to the agency through drug forfeitures and retain these records for a minimum of three years.
3. Annually conduct an audit of all property seized attendant to drug transactions, including an audit of all property subjected to forfeiture proceedings. Forward a copy of all audits to DCJS upon request.
4. Compile and retain a file of all receipts for cash or property obtained and sold or otherwise disposed of through asset forfeiture procedures.

D. If the agency elects to pursue forfeiture through federal proceedings, then the AFC will notify DCJS.

Virginia Department of Criminal Justice Services 43

Forfeited Asset Sharing Program

MANUAL

Virginia Department of Criminal Justice Services www.dcjs.virginia.gov

July 2022Table of Contents Page

I. The Forfeited Asset Sharing Program.................................................... 1

II. How to Report a Seizure ........................................................................ 2

III. Information Filing and the Court Process .............................................. 3

IV. Filing Proceeds Report with DCJS Following Forfeiture ...................... 4

V. Sharing Agreements ............................................................................... 6

VI. How to Set Up Accounts to Receive Asset Forfeiture Money .............. 6

VII. Uses of Equitably Shared Property ........................................................ 7

VIII. Disputed Distributions ........................................................................... 11

IX. Summary ................................................................................................ 11

Appendices

Appendix A Flow Chart: Forfeited Asset Sharing Program: Manufacture, Sale, Distribution of Drugs ......................................................................13

Appendix B Filing Online: https://fasp.dcjs.virginia.gov/ ...........................................14

Appendix C Constitution of Virginia: Article VIII. Education.

Section 8. The Literary Fund ...................................................................16

Appendix D Code of Virginia: Applicable Statutes for Forfeitures: Manufacture, Sale, Distribution of Drugs ................................................17

Appendix E Criminal Justice Services Board Rules and Regulations for Asset Sharing Program .......................................................................25

Appendix F Sample Task Force Agreement ................................................................30

Appendix G Sample Court Documents .........................................................................33

Appendix H Sample Agency Policy Statement ............................................................40FORFEITED ASSET SHARING PROGRAM MANUAL

I. THE FORFEITED ASSET SHARING PROGRAM

The Virginia Constitution requires all property accruing to the Commonwealth by forfeiture to be paid into a separate, permanent and perpetual school fund known as the Literary Fund. Va. Const. art. VIII, § 8. The Virginia Constitution also allows the General Assembly to enact general laws exempting payment into the Literary Fund for “the proceeds from the sale of all property seized and forfeited to the Commonwealth for a violation of the criminal laws of this Commonwealth proscribing the manufacture, sale or distribution of a controlled substance or marijuana.” In 1991 the General Assembly enacted such a law, now codified in Title 19.2, Chapter 22.1, § 19.2-386.22 of the Code of Virginia, exempting payment into the Literary Fund of forfeitures obtained by law-enforcement agencies seizing property used in the substantial connection of illegal distribution or sale of controlled substances or marijuana. Drug dealers purchase assets with drug profits or hide drug profits in various bank accounts and in legitimate businesses, and Virginia’s asset forfeiture law provides law-enforcement agencies with an important tool to recover the assets or profits resulting from the dealer’s illegal activities.

There are no restrictions as to the types of property that may be seized. According to the Code of Virginia, § 19.2-386.22, all money and property used in substantial connection with the manufacture, sale, or distribution of controlled substances or marijuana can be seized by a law-enforcement agency. Also, anything of value furnished or intended to be furnished in exchange for controlled substances or marijuana is subject to seizure. Further, all money and property, real or personal, traceable to an exchange, including any interest or profits derived from the investment of such money or property, can be seized. Commonly seized items include cash, vehicles, cellular phones, televisions, handguns, and jewelry. As long as an item can be substantially connected to the illegal manufacture, sale, or distribution of controlled substances or marijuana, it can be seized. The only exception to this is real estate, which cannot be seized unless the violation carries a minimum five-year sentence. An item can be seized any time within three years after the discovery of the last act providing grounds for the seizure. In other words, a law-enforcement agency can arrest a drug dealer today and have up to three years to investigate their financial dealings and property holdings to determine what is linked to the drug activity.

Before an item is actually seized, the law-enforcement agency should consider whether the agency has the resources to manage the property; the value of the property; and the impact on the violator. Simply stated, is it worth the time, effort, and money to seize the asset? There may be situations when a seizure, although completely within the scope of the law, would not be practical or profitable to pursue. Examples of these types of situations include vehicles owned by innocent parties, vehicles for which the cost to sell would exceed the value of the vehicle, real property that is heavily mortgaged, or a small amount of assets from a juvenile.

Once an item is seized, the law-enforcement agency must decide whether it would like to pursue forfeiture under Virginia’s Forfeited Asset Sharing Program (FASP) or under federal statutes. There are several advantages to using Virginia’s program:  The jurisdiction(s) sharing in the forfeiture will receive a high percentage of the proceeds. Virginia law requires 90% of all proceeds to be returned to the jurisdiction(s) that participated in the seizure (under federal law, the minimum federal share is 20%).  FASP regulations direct the Commonwealth to return the full 90%, regardless of agency size or size of the jurisdiction.  Once seized assets have been forfeited and the appropriate paperwork is filed with the Virginia Department of Criminal Justice Services (DCJS), the Commonwealth is obligated under the Prompt Payment Act, § 2.2-3437 et seq. of the Code of Virginia, to return the local share of the proceeds within 30 days. In contrast, the turnaround time for federal forfeitures is three to six months, sometimes longer.

Virginia Department of Criminal Justice Services 1 FORFEITED ASSET SHARING PROGRAM MANUAL  DCJS will process all seizures valued $500.00 and greater. All seizures valued under $500.00 can be kept by the locality. This minimum amount also applies to the value of all miscellaneous assets such as cellular phones, pagers, scales, small electronics, etc. The federal forfeiture program has minimum thresholds that exceed the state limits.

It is possible for a law-enforcement agency to report seized items to both the state and federal programs. For example, an agency may seize cash, vehicles, jewelry, and pagers under the state law and on the same case seize a horse farm under the federal statute. In this case, it is actually to the law-enforcement agency’s advantage to split the reporting of the seized items because they can rely on the U.S. Marshals Service to care for the farm until completion of the forfeiture process.

All other non-drug-related seizures made pursuant to Title 19.2, Chapter 22.1, should not be reported to DCJS. Questions regarding seizure procedures and payment into the Literary Fund should be addressed to their localities and Commonwealth’s attorneys.

Seizures under federal statute should not be reported to DCJS. Questions regarding federal asset forfeiture can be answered by referring to the “Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies,” U.S.

Department of Justice and U.S. Department of Treasury, 2018.

II.

HOW TO REPORT A SEIZURE

After seizure, law enforcement must notify their Commonwealth’s attorney in writing. Per § 19.2-386.3, the attorney files a Notice of Seizure with the circuit court within 21 days, describing the property, grounds, seizure date, owners, and lienholders, then mails it to last known addresses. Officers should confirm their preferred notification process.

Agencies must promptly notify DCJS via Form 998 within 21 days of seizure. Often, attorneys require a copy before proceeding with court filings.

Complete Form 998 on the FASP website. New users must register with email/password and submit a signed Registration Form from their agency head, available online. Contact FASP staff for questions.

Signed registration forms must be mailed or emailed to: Virginia DCJS Forfeited Asset Sharing Program, 1100 Bank Street, 12th Floor, Richmond, VA 23219, or email: fasp@dcjs.virginia.gov.

New FASP users will receive email notification of approval.

Include all participating agencies on Form 998 for joint seizures. The jurisdiction’s Commonwealth’s attorney and Virginia State Police involvement must be indicated, as their reports and payments differ.

Add case or subject info in comments. For each asset, list seizure address and lienholder details.

DCJS assigns a number and emails approval or rejection. Rejections due to missing attorney, incorrect jurisdictions, or unlisted assets must be corrected by editing and resubmitting the original form; do not submit a new form to avoid duplication.

III. INFORMATION FILING AND THE COURT PROCESS

Within 90 days of seizure or Notice filing, the Commonwealth’s Attorney must file an Information with the court, listing owners, lienholders, describing the property, grounds, and disposal requests, and notifying interested parties. Failure to file within 90 days requires release of the property.

Within 30 days of Notice and Information, owners/lienholders must file an sworn answer outlining claims and exemptions; failure results in default, allowing court to decide disposal or in-kind return. After court orders forfeiture, agencies report to DCJS.

If owners oppose, a civil trial will be scheduled.

Per § 19.2-386.1, civil forfeiture is stayed pending criminal case outcome. Seized property is returned if owner is not guilty, unless plea agreement or owner fails to request return in writing within 21 days after stay ends.

Delay should not deter forfeiture. After court rulings and filings, the Prompt Payment Act requires returning the share to localities within 30 days.

Post-ruling, the forfeiture must be reported to DCJS.

Virginia Department of Criminal Justice Services 3

FORFEITED ASSET SHARING PROGRAM MANUAL

IV. FILING PROCEEDS REPORT WITH DCJS FOLLOWING FORFEITURE

After case adjudication and court instructions, agencies must file the Form 999 with DCJS for property or funds, with data from Form 998 carried over.

Deductions and additions are entered online. Attach proof of sale and bills. Costs like towing, storage, and sale can be deducted from proceeds before sending to DCJS; receipts are required.

Guardian Ad Litem fees or owner refunds must be paid before funds are sent to DCJS.

Form 999 must be signed, printed, and sent to DCJS with relevant documents and court orders.

Mail a check for all forfeited cash matching the court order with Form 999.

Proceeds include forfeited cash and sale value of property.

Proceeds include in-kind property returned or sold within a year valued at $500+.

Agencies may return in-kind property for agency use, reducing purchase costs.

DCJS will provide in-kind and DMV letters if a vehicle is requested in-kind.

Forfeited property must be sold via public sale or feasible means, including online bidding.

Virtual currency must be converted to cash per court order and submitted to DCJS. Agencies should determine feasible conversion methods (ATMs, exchanges) and include receipts with the amount, USD value, method, and fees.

Agencies should establish policies for holding and converting virtual currency to USD for forfeiture.

Example: Sale proceeds ($8,000) minus costs ($1,375) equals $6,625, which is sent to DCJS.

Only costs during property management can be deducted; investigation/arrest costs and storage in agency property are not deductible. Agencies may need to reserve funds for storage until sale.

In cases where costs have been incurred on a seized item and the item was not forfeited, the law-enforcement agency can petition the Commonwealth’s Criminal Fund for reimbursement. Seizing agencies can also petition the Criminal Fund in the case where the costs incurred exceed the proceeds from the sale of the forfeited property.

Any proceeds for forfeited property sold after one year from the date of the court-ordered forfeiture may be retained by the seizing agency and distributed among the sharing agencies. When the in-kind property is sold, the seizing agency is required to notify DCJS and submit a new Form 999 so DCJS can close that asset.

A copy of any special sharing agreement arranged by the participating agencies and offices should be provided to FASP staff to ensure disbursals are properly made. The Form 999 must include sharing percentages that equal 100 percent of the proceeds. Once the required paperwork is received to disburse forfeited funds, the funds will be released to all agencies included in the share that are certified in FASP. DCJS will email (mail if requested) a copy of each agency’s share and case information after a distribution is keyed into all DCJS databases and entered for payment in the state accounting system. It is imperative to inform DCJS of personnel changes so the key individuals needing disbursement information receive these emails.

Send all closing documents (signed Form 999, check, court order, expense documentation, bills of sale, etc.) to: Virginia Department of Criminal Justice Services Forfeited Asset Sharing Program 1100 Bank Street, 12th Floor Richmond, VA 23219

Again, training and a user guide are available at https://www.dcjs.virginia.gov/forfeited-asset-sharing-program. These documents provide step-by-step instructions.

Virginia Department of Criminal Justice Services 5

FORFEITED ASSET SHARING PROGRAM MANUAL

V.

SHARING AGREEMENTS

Drug investigations are often conducted by two or more law-enforcement agencies through a task force. When items are seized for forfeiture as a result of the investigations, the participating agencies will share in the proceeds. In many cases, only cash is seized, or the agreement among the task force agencies may be that all forfeited property will be reduced to cash and a percentage of the cash disbursed to each agency. For example, if there are five agencies in a task force, the proceeds could be divided equally among the agencies, each one receiving 20% of the proceeds.

However, if one or more items forfeited is to be returned in-kind to one of the participating agencies, an agreement will need to be worked out by the head law-enforcement officers of each department. This can be illustrated through the following hypothetical example: Three agencies participate in an investigation that results in the seizure and forfeiture of $5,000.00 in U.S. currency and a 2010 Toyota 4-Runner. One of the participating agencies would like the car returned in-kind, but the other two agencies want equitable compensation. An agreement could be made that would allow one agency to have the car returned in-kind and, in doing so, release its claim to the forfeited cash. The cash would then be divided between the other two agencies. DCJS would need written authorization confirming this agreement.

When an agreement is reached by participating agencies on the percentage of the proceeds that will be returned, DCJS will honor those agreements. Distributions need not be divided equally among the participants; however, all participants must agree on them. Once a task force has been formed and a sharing agreement for forfeited assets has been signed, the task force must send a copy of the signed agreement to DCJS. DCJS keeps a file of task force agreements on hand, and refers to them quite often. Newly formed task forces must submit a copy of their signed sharing agreement when sending the Form 999, court order, and check for proceeds to DCJS.

Many law-enforcement agencies have a signed sharing agreement with their Commonwealth’s Attorney. A copy of these agreements should also be submitted to DCJS staff.

VI. SETTING UP ACCOUNTS TO RECEIVE STATE FORFEITURE FUNDS

Section 19.2-386.14 (B) of the Code of Virginia states, “the Department (DCJS) shall distribute each share directly to the appropriate treasury of the participating agency.” According to the Auditor of Public Accounts, the following procedures represent both best accounting practices and sound internal controls.

Law-enforcement agencies should establish a separate revenue account/accounting code/fund through their local treasurer’s office for the proceeds from DCJS, Forfeited Asset Sharing Program. If applicable, this account may also receive any interest income generated by the funds. This account will be solely for the use of sharing proceeds. Any funds distributed by DCJS to a task force should also go through a government locality or state agency.

The account must also be separate from that in which federal funds or restitution money (unless for repayment of buy money or other reason) may be received. Federal and state funds cannot be comingled.

The payment information should be matched with cases and maintained in a filing system which would allow auditors to inspect asset forfeiture files if requested by DCJS.

Virginia Department of Criminal Justice Services 6 FORFEITED ASSET SHARING PROGRAM MANUAL In order to be certified with DCJS to receive funds, law-enforcement agencies in Virginia must file an annual certification report and sharing agreement with DCJS. The report is due by September 30th of each year. The reporting period is July 1 to June 30, which is the state fiscal year and not calendar year.

The Virginia Annual Certification Report and Sharing Agreement and instructions can be found at www.dcjs.virginia.gov/forfeited-asset-sharing-program/forms. The report must be sent to DCJS with original signatures and the report must balance with the locality’s treasury.

Law-enforcement agencies should also establish an internal procedure to recommend expenditures from the revenue account. In many small agencies, the chief of police or sheriff determines the purposes for which the funds are used. In larger agencies, committees have been formed to recommend expenditures to the agency head. The agency head must authorize all expenditures from the state revenue sharing account.

Further, law-enforcement agencies should establish an internal procedure to track tangible property placed into official use for law-enforcement purposes. All proceeds from the sale of such property must be deposited into the agency’s State Asset Forfeiture account held with the local treasurer’s office. Agencies should obtain approval for expenditures from their governing body, such as town council or city manager’s office, if appropriate.

Upon final approval, law-enforcement agencies should issue contracts or purchase orders to formally disburse deposited assets for goods and services. Agencies should deduct expenditures from the account balance and maintain a record of all expenditures from the revenue account/accounting code/fund. These expenditures must be in accordance with the FASP Manual and all required procurement procedures the locality requires.

VII. USES OF EQUITABLY SHARED PROPERTY According to § 19.2-386.14 (D) of the Code of Virginia, “all forfeited property, including its proceeds or cash equivalent, received by a participating state or local agency pursuant to this section shall be used to promote law enforcement, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, or promote cooperation with law enforcement, but shall not be used to supplant existing programs or funds.” For the sake of consistency, Virginia has chosen to adopt certain aspects of the federal guidelines.

A. General Guidance Concerning Use

1. Equitably Shared Property Should Not be Anticipated — Law-enforcement agencies should not “spend it before they get it” or anticipate receipts because: a. the forfeiture completion is uncertain; b. the sharing amount is uncertain; c. net proceeds are undetermined.
2. Increase and Not Replace (Supplement vs. Supplant) — Sharing must increase or supplement the receiving agency’s resources. Resources cannot replace or supplant existing ones. The total budget, not individual items, must benefit directly. For example, if a police department receives $100,000 but its budget is cut $100,000, it gains no benefit.

Rather, the city as a whole has received the benefit of the equitable sharing.

1. Use of Interest Income — Interest on forfeited cash or proceeds faces the same restrictions as the shared cash or proceeds.

1. Prohibited Sharing — Forfeited firearms cannot be shared with foreign countries or state/local law enforcement. The agency taking custody must be named in the Order of Forfeiture.

1. DCJS will withhold funds from law enforcement agencies if: (1) local governing body directs shared asset expenditures; (2) misuse of asset forfeiture funds; (3) Annual Report due by September 30 is not submitted. Funds stay withheld until corrected.
2. Asset forfeiture funds must be used reasonably and necessarily, avoiding waste or extravagance.

1. Employees of seizing agencies may purchase forfeited assets per the Conflict of Interests Act (Code of Virginia § 2.2-3100) and should consult agency counsel before buying.
2. If a civil forfeiture order is reversed or amended, DCJS will recall funds, refund the agency, and require re-submission of Form 999 with the new court order and check if needed.

1. Proceeds from sold items bought with forfeiture funds must be returned to the forfeiture account. The agency head must authorize all expenditures from the revenue sharing account.

B. Uses of Shared Cash or Proceeds of Forfeited Property

1. Permissible uses include activities to enhance investigations (e.g., informant payments, reward money, evidence purchase) and law enforcement training on topics like asset forfeiture, Fourth Amendment, ethics, due process, and equipment. Indirect costs like tuition or hospitality are not allowed.

Virginia Department of Criminal Justice Services 8 FORFEITED ASSET SHARING PROGRAM MANUAL c. Law-Enforcement Equipment and Operations — The purchase of body armor, firearms, radios, cellular telephones, office supplies, computer equipment, software to be used in support of law-enforcement purposes, vehicles (e.g., patrol vehicles, surveillance vehicles), electronic surveillance equipment, or uniforms; leasing of office and other space; utility costs; recruitment and advertising costs; agency accreditation or agency membership dues (payment of dues for individuals is impermissible); and leasing or purchase of other types of equipment that support law-enforcement activities. Forensic labs and equipment and related training and certification expenses are permissible. d. Detention Facilities — The costs associated with construction, expansion, improvement, or operation of detention facilities managed by the recipient agency. e. Law-Enforcement Facilities and Equipment — The costs associated with basic and necessary facilities to perform official law-enforcement duties, including their construction, updating, remodeling, furniture, safes, file cabinets, telecommunications equipment, etc. Costs related to construction and remodeling are only permissible if the law-enforcement agency or locality owns the property. f. Drug Education and Awareness Programs — The costs associated with conducting drug education and awareness programs by law-enforcement agencies. g. Pro Rata Funding — The costs associated with supporting multi-agency items or facilities. Example: A town purchases a new computerized payroll system, and the police department payroll represents 20% of the total use of the payroll system. The police department may use shared money to fund its pro rata share (20%) of the operating and maintenance expenses of the system. h. Joint Law-Enforcement and Public Safety Operations — Costs associated with purchasing equipment and/or providing operations to be used jointly by law-enforcement and public safety agencies. Examples: dispatch center, defibrillators, boats and diving equipment used for enforcement and search and rescue, emergency operations center, etc. Equipment to be used by non-law enforcement personnel only, such as fire and EMS vehicles, is not included. i.

Asset Accounting and Tracking — The costs associated with the accounting, auditing, and tracking of revenues and expenditures of equitable shared cash, proceeds, and tangible property. j.

Salaries — Many of the costs of the activities described above could entail the payment of salaries of the personnel involved. Due to the extreme sensitivity of asset forfeiture work, the payment of salaries of sworn law-enforcement officers is limited to the following categories: 1) Overtime. 2) The first year’s salaries only for new law-enforcement officers that supplement the workforce. 3) Salaries of officers assigned to non-traditional positions in approved specialized programs, which do not generally involve traditional law-enforcement functions. Example: DARE program officers. 4) Salaries of sworn law-enforcement officers hired to replace officers assigned to a federal task force. A law-enforcement agency may expend equitably shared funds to pay the salaries of replacement officers for the life of the task force and up to six months after the task force has disbanded. k. Payments expressly authorized by law, such as the Community Oriented Policing Services (COPS) program established by the Violent Crime Control and Law Enforcement Act of 1994, which expressly permits state and local law-enforcement agencies to use equitably shared asset forfeiture funds to meet the local match requirements of that program. l.

Contracts for Services — Payment for a contracted service that supports law enforcement is permitted.

Examples include: expert witnesses, translation and language assistance services, auditor of state asset forfeiture funds, grant writer, etc. Payment on these contracts based on a percentage of the forfeitures is not allowed. Contracts for law-enforcement functions are not allowed, such as hiring an investigator, attorney, or other civilian personnel to perform tasks typically or previously performed by agency or jurisdiction personnel.

Virginia Department of Criminal Justice Services 9 FORFEITED ASSET SHARING PROGRAM MANUAL m. Law-Enforcement Travel and Per Diem Allocations — Costs associated with travel and transportation to perform or in support of law-enforcement duties and activities. All related costs must be in accordance with the jurisdiction’s per diem policy and must not create the appearance of extravagance or impropriety. n. Purchase of Food and Beverages — Asset forfeiture funds may be used to pay for food and beverages (non-alcoholic) during training (see above), for officers during undercover operations, or while involved in local emergency operations. o. Law-Enforcement Awards and Memorials — Costs associated with the purchase of plaques, certificates, and challenge coins for law-enforcement personnel in recognition of a law-enforcement achievement, activity, or training. Asset forfeiture funds may not be used to pay awards in the form of cash or cash equivalents or stored value cards. Shared funds may be used to pay the costs for commemorative plaques, displays, or memorials on law-enforcement property that serve to recognize or memorialize a law-enforcement officer’s contributions, such as a memorial plaque or stone in honor of an agency’s officers killed in the line of duty. The plaque, display, or memorial must not create the appearance of extravagance. p. Matching Grants — Costs for an agency’s matching contribution or share in a state or federal grant program for items other than salaries are allowed. q. Support of Community-Based Organizations — Transfers of shared funds from a state or local law-enforcement agency to community-based non-profit organizations (501(c)(3) or (4)) whose stated missions are supportive of and consistent with a law-enforcement effort, policy, and/or initiative. An agency may expend up to a total of $25,000 annually to transfer to such organizations. Examples include a drug treatment facility, job skills program, or a youth program featuring drug and crime prevention education. r. Expenditures to strengthen relationships between the community and law enforcement — Expenditures intended to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, or promote cooperation with law enforcement are permitted. Expenditures may be in any amount. Examples include sponsorships of charitable events which benefit the community or a charitable organization, donations to community organizations, and the purchase of fixed assets for use in the community, such as streetlights or speed bumps. Law-enforcement agencies must be recognized for the contribution, not individual office holders. Law-enforcement agencies with expenditures of this type must submit a memorandum of explanation with the FASP Annual Report detailing how the expenditure complies with this section.

Again, the above expenses are not meant to be all-inclusive.

1. Impermissible uses include civilian use of forfeited property, non-law enforcement expenses (e.g., drug testing), illegal or improper use under laws, non-official use creating appearance of misuse, and creating endowments or scholarships.

Asset forfeiture funds may not pay attorney fees, settlement, or lawsuit costs involving the agency, governing body, or employees.

VIII. DISPUTED DISTRIBUTIONS

FASP aims to enhance cooperation among law enforcement agencies; drug investigations may expand into burglary, robbery, homicide, and link multiple jurisdictions working on similar cases.

As of June 2020, over 50 narcotics task forces operate; agencies often cooperate short-term for investigations, raids, or seizures, sharing forfeited property.

Disputes over forfeited proceeds are handled per CJSB Rules in Appendix E; §§ 7C and D cover disputed distributions.

Agencies claiming forfeited proceeds may petition CJSB if no agreement; petition on letterhead, outlining disbursement, filed within 21 days; agencies respond in 14 days; FADC to hold hearing within 45 days.

FADC decisions consider investigation role, prosecution contribution, and asset distribution; appeals to CJSB must be filed within 10 days; final decision at next CJSB meeting.

Agencies are encouraged to agree on sharing before court forfeiture; Appendix F provides a sample agreement to prevent disputes.

IX. SUMMARY

FASP enables local agencies to use Virginia’s drug asset forfeiture law; it is a tool to combat illegal drug trafficking, not a money-making scheme.

Virginia’s comprehensive drug asset forfeiture law, supported by law enforcement cooperation, makes this program a key tool to combat illegal drugs.

Virginia Department of Criminal Justice Services 12

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDICES

A. Flow Chart: Forfeited Asset Sharing Program: Manufacture, Sale, Distribution of Drugs

B. Filing Online: https://fasp.dcjs.virginia.gov/

C. Virginia Constitution: Article VIII, Section 8, The Literary Fund

D. Virginia Code: Statutes for Forfeitures, Manufacture, Sale, Distribution of Drugs

E. CJSB Rules for Asset Sharing Program

F. Sample Task Force Agreement

G. Sample Court Documents

H. Sample Agency Policy Statement

Virginia Department of Criminal Justice Services 13 FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX A

Flow Chart: Forfeited Asset Sharing Program Manufacture, Sale, Distribution of Drugs

PROPERTY

ASSET(S) SEIZED

UNDER §19.2-386.22

FORFEITED AUCTION OR

IN-KIND REQUEST

DCJS FORM 998

GUILTY OF CHARGEENTERED AND TO CA

INCLUDED IN CURRENCY CIVIL FORFEITURE

§19.2-386.22 OR PLEA CASE

AGREEMENT WITH

INFORMATION FILED

FORFEITURE DCJS FORM 999

WITH CIRCUIT COURT

WITH CHECK,

COURT ORDER AND

DOCUMENTATION

(BILL OF SALE,

AUTOMATIC STAY OF

CRIMINAL CASE EXPENSES, ETC.)

CIVIL CASE

NOT GUILTY OR

DISMISSED OR

GUILTY OF CHARGE

NON SUIT

NOT INCLUDED IN §19.2-386.22

RETURN TO

OWNER

WRITTEN NOTICE OF

NO

DEMAND IN 21 DAYS

YES

DCJS FORM 999

WITH COURT

ORDER AND

PROPERTY

RETURN TO

RECEIPT

OWNER

Virginia Department of Criminal Justice Services 14 FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX B

Filing Online

To access the FASP, follow the steps below:

1. Register at https://fasp.dcjs.virginia.gov/ and click the indicated areas.

1. Enter email as user ID and create a password with at least 8 characters, including uppercase, lowercase, number, and special character (e.g., Police#1).

1. Complete form through phone number field.

1. Select your primary agency, e.g., Va. State Police.

1. Check this box if entering asset forfeiture for a task force or another agency.

List all task forces or agencies involved in forfeitures.

1. Choose User Role: ProgramAdmin for entering 998s/999s; ProgramViewOnly for viewing.

1. Registration requires agency head approval; allow one day. FASP will contact you with questions and email approval confirmation.

1. Once approved, log in with your email and password.

1. If password is forgotten, click “Forgot your password?” to receive a temporary password; change it via your email link.

Virginia Department of Criminal Justice Services 15FORFEITED ASSET SHARING PROGRAM MANUAL  Please take the time to review available documents to learn more about the online FASP system. A training presentation is available at https://www.dcjs.virginia.gov/forfeited-asset-sharing-program on the upper right-hand side below the Forfeited Asset Sharing Program manual. Click the link “Database Training”.

 A user guide is also available if you prefer by clicking “FASP User Guide” on the same web page.

 Complete and print DCJS Form 999 for submission; it will be saved and viewable by DCJS staff immediately.

 Send completed DCJS Form 999 with signatures to: Virginia DCJS, Forfeited Asset Sharing, 1100 Bank St, 12th Floor, Richmond, VA 23219.

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX C

Article VIII. Education Section 8. The Literary Fund

The General Assembly shall set apart as a permanent and perpetual school fund the present Literary Fund; the proceeds of all public lands donated by Congress for free public school purposes, of all escheated property, of all waste and unappropriated lands, of all property accruing to the Commonwealth by forfeiture except as hereinafter provided, of all fines collected for offenses committed against the Commonwealth, and of the annual interest on the Literary Fund; and such other sums as the General Assembly may appropriate. But so long as the principal of the Fund totals as much as eighty million dollars, the General Assembly may set aside all or any part of additional moneys received into its principal for public school purposes, including the teachers’ retirement fund.

The General Assembly may exempt proceeds from sale of property seized and forfeited for drug law violations; such proceeds go to the state treasury for law enforcement purposes.

Virginia Department of Criminal Justice Services 17FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX D

Code of Virginia: Applicable Statutes for Forfeitures, Manufacture, Sale, Distribution of Drugs § 19.2-386.1. Commencing an action of forfeiture.

A. Except as otherwise specifically provided by law, whenever any property is forfeited to the Commonwealth by reason of the violation of any law, or if any statute provides for the forfeiture of any property or money, or if any property or money be seized as forfeited for a violation of any of the provisions of this Code, the Commonwealth shall follow the procedures set forth in this chapter.

B. An action against any property subject to seizure under the provisions of Chapter 22.2 (§ 19.2-386.15 et seq.) shall be commenced by the filing of an information in the clerk’s office of the circuit court. Any information shall be filed in the name of the Commonwealth by the attorney for the Commonwealth or may be filed by the Attorney General if so requested by the attorney for the Commonwealth. Venue for an action of forfeiture shall lie in the county or city where (i) the property is located, (ii) the property is seized, or (iii) an owner of the property or the person in whose custody the property is found could be prosecuted for the illegal conduct alleged to give rise to the forfeiture. Such information shall (a) name as parties defendant all owners and lienholders then known or of record and the trustees named in any deed of trust securing such lienholder, (b) specifically describe the property, (c) set forth in general terms the grounds for forfeiture of the named property, (d) pray that the same be condemned and sold or otherwise be disposed of according to law, and (e) ask that all persons concerned or interested be notified to appear and show cause why such property should not be forfeited. In all cases, an information shall be filed within three years of the date of actual discovery by the Commonwealth of the last act giving rise to the forfeiture or the action for forfeiture will be barred.

C. Any action of forfeiture commenced under this section shall be stayed until the court in which the owner of the property or the person in whose custody the property is found is being prosecuted for an offense authorizing the forfeiture finds the owner or the person in whose custody the property is found guilty of any offense that authorizes forfeiture of such property, and any property eligible for forfeiture under the provisions of any statute shall be forfeited only upon such finding of guilt of the owner or the person in whose custody the property is found, regardless of whether the owner or the person in whose custody the property is found has been sentenced. If no such finding is made by the court, all property seized shall be released from seizure no later than 21 days from the date the stay terminates.

However, property that has been seized may be forfeited pursuant to the procedures set forth in this chapter even though no finding of guilt is made if (i) such forfeiture is ordered by a court pursuant to a lawful plea agreement or (ii) the owner of the property or the person in whose custody the property was found has not submitted a written demand for the return of the property with the law-enforcement agency that seized the property within 21 days from the date the stay terminates. (1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756; 2020, c. 1000) § 19.2-386.2. Seizure of named property.

A. When any property subject to seizure under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code has not been seized at the time an information naming that property is filed, the clerk of the circuit court or a judge of the circuit court, upon motion of the attorney for the Commonwealth wherein the information is filed, shall issue a warrant to the sheriff or other state or local law-enforcement officer authorized to serve criminal process in the jurisdiction where the property is located, describing the property named in the complaint and authorizing its immediate seizure.

B. In all cases of seizure of real property, a notice of lis pendens shall be filed with the clerk of the circuit court of the county or city wherein the property is located and shall be indexed in the land records in the name or names of those persons whose interests appear to be affected thereby.

Virginia Department of Criminal Justice Services 18 FORFEITED ASSET SHARING PROGRAM MANUAL C. When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other Forfeiture provision under the Code, the agency seizing the property shall, as soon as practicable after the seizure, conduct an inventory of the seized property and shall, as soon as practicable, provide a copy of the inventory to the owner. An agency’s failure to provide a copy of an inventory pursuant to this subsection shall not invalidate any forfeiture.

D. When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other forfeiture provision under the Code, and an information naming that property has not been filed, neither the agency seizing the property nor any other law-enforcement agency may request, require, or in any manner induce any person who asserts ownership, lawful possession, or any lawful right to the property to waive his interest in or rights to the property until an information has been filed.

(1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2006, c. 766; 2012, cc. 283, 756; 2015, c. 769; 2016, cc. 203, 423) § 19.2-386.2:1. Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner.

If the property seized is a motor vehicle required by the motor vehicle laws of Virginia to be registered, the attorney for the Commonwealth shall forthwith notify the Commissioner of the Department of Motor Vehicles, by certified mail, of such seizure and the motor number of the vehicle so seized, and the Commissioner shall promptly certify to such attorney for the Commonwealth the name and address of the person in whose name such vehicle is registered, together with the name and address of any person holding a lien thereon, and the amount thereof. The Commissioner shall also forthwith notify such registered owner and lienor, in writing, of the reported seizure and the county or city wherein such seizure was made.

The certificate of the Commissioner, concerning such registration and lien, shall be received in evidence in any proceeding, either civil or criminal, under any provision of this chapter, in which such facts may be material to the issue involved. (2012, cc. 283, 756; 2016, cc. 203, 423) § 19.2-386.3. Notice of seizure for forfeiture and notice of motion for judgment.

A. If an information has not been filed, then upon seizure of any property under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code, the agency seizing the property shall forthwith notify in writing the attorney for the Commonwealth in the county or city in which the seizure occurred, who shall, within 21 days of receipt of such notice, file a notice of seizure for forfeiture with the clerk of the circuit court. Such notice of seizure for forfeiture shall specifically describe the property seized, set forth in general terms the grounds for seizure, identify the date on which the seizure occurred, and identify all owners and lien holders then known or of record, including the treasurer of the locality in which the seized property is located. The clerk shall forthwith mail by first-class mail notice of seizure for forfeiture to the last known address of all identified owners and lien holders. When property has been seized under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code prior to filing an information, then an information against that property shall be filed within 90 days of the date of seizure or the property shall be released to the owner or lien holder.

B. Except as to corporations, all parties defendant shall be served, in accordance with § 8.01-296, with a copy of the information and a notice to appear prior to any motion for default judgment on the information. The notice shall contain a statement warning the party defendant that his interest in the property shall be subject to forfeiture to the Commonwealth unless within 30 days after service on him of the notice, or before the date set forth in the order of publication with respect to the notice, an answer under oath is filed in the proceeding setting forth (i) the nature of the defendant’s claim, (ii) the exact right, title or character of the ownership or interest in the property and the evidence thereof, and (iii) the reason, cause, exemption or defense he may have against the forfeiture of his interest in the Virginia Department of Criminal Justice Services 19 FORFEITED ASSET SHARING PROGRAM MANUAL property, including but not limited to the exemptions set forth in § 19.2-386.8. Service upon corporations shall be made in accordance with § 8.01-299 or subdivision 1 or 2 of § 8.01-301; however, if such service cannot be thus made, it shall be made by publication in accordance with § 8.01-317. (1989, c. 690; 1991, c. 560; 1996, c. 673; 2002, cc. 588, 623; 2004, c. 995; 2011, c. 83; 2012, cc. 283, 756) § 19.2-386.4. Records and handling of seized property.

Any agency seizing property under § 19.2-386.2, Chapter 22.2 (§ 19.2-386.15 et seq.), or other provision under the Code, pending forfeiture and final disposition, may do any of the following:

1. Place property under constructive seizure by posting notice or filing in a public record.

1. Remove property to storage or, if money or negotiable, deposit in interest-bearing account.

1. Transfer property to a court-designated location in the county or city of seizure.

1. Arrange for another custodian or agency to take custody and move property within or outside the court’s jurisdiction.

A report regarding the type of property subject to forfeiture and its handling pursuant to this section and § 19.2-386.5, and the final disposition of the property shall be filed by the seizing agency with the Department of Criminal Justice Services in accordance with regulations promulgated by the Board. (1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756.) § 19.2-386.5. Release of seized property.

At any time prior to the filing of an information, the attorney for the Commonwealth in the county or city in which the property has been seized pursuant to Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code may, in his discretion, upon the payment of costs incident to the custody of the seized property, return the seized property to an owner or lien holder, without requiring that the owner or lien holder post bond as provided in § 19.2-386.6, if he believes the property is properly exempt from forfeiture pursuant to § 19.2-386.8. (1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2012, cc. 283, 756.) § 19.2-386.6. Bond to secure possession.

If the owner or lien holder of the named property desires to obtain possession thereof before the hearing on the information filed against the same, such property shall be appraised by the clerk of the court where such information is filed. The clerk shall promptly cause the property to be appraised at its fair cash value, and forthwith make return thereof in writing to the court. Any appraisal fee shall be taxed as costs as provided in § 19.2-386.12. Upon the return of the appraisal, the owner or lien holder may give a bond payable to the Commonwealth, in a penalty of the amount equal to the appraised value of the property plus the court costs which may accrue, with security to be approved by the clerk and conditioned for the performance of the final judgment of the court, on the trial of the information. A further condition shall be that, if upon the hearing on the information, the judgment of the court is that such property, or any part thereof, or Virginia Department of Criminal Justice Services 20 FORFEITED ASSET SHARING PROGRAM MANUAL such interest and equity as the owner or lien holder may have therein, is forfeited, judgment may thereupon be entered against the obligors on such bond for the penalty thereof, without further or other proceedings against them thereon, to be discharged by the payment of the appraised value of the property so seized and forfeited, and costs. Upon such judgment, execution may issue, on which the clerk shall endorse, “No security to be taken.” Upon giving of the bond, the property shall be delivered to the owner or lien holder. (1989, c. 690.) § 19.2-386.7. Sale of property liable to deterioration.

If the property seized is perishable or liable to deterioration, decay, or injury by being detained in custody pending the proceedings, the circuit court for the county or city in which the information is filed or in which the property is located, may order the same to be sold upon such notice as the court, in its discretion, may deem proper and hold the proceeds of sale pending the final disposition of such proceedings. (1989, c. 690.) § 19.2-386.8. Exemptions.

The following exemptions apply to property subject to forfeiture:

1. A conveyance used by a certified common carrier may only be forfeited if the owner consented, was privy, or knew/had reason to know of the conduct.

1. Conveyance may not be forfeited for conduct by a non-owner while unlawfully in another’s possession violating laws of Virginia, other states, D.C., or federal laws.

1. No owner’s interest may be forfeited under this chapter if the court finds that: a. He did not know and had no reason to know of the conduct giving rise to forfeiture; b. He was a bona fide purchaser for value without notice; c. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied; or d. The conduct giving rise to forfeiture was committed by a tenant of a residential or commercial property owned by a landlord, and the landlord did not know or have reason to know of the tenant’s conduct.

1. No lien holder’s interest may be forfeited under this chapter if the court finds that: a. The lien holder did not know of the conduct giving rise to forfeiture at the time the lien was granted; b. The lien holder held a bona fide lien on the property subject to forfeiture and had perfected the same in the manner prescribed by law prior to seizure of the property; and c. The conduct giving rise to forfeiture occurred without his connivance or consent, express or implied.

In the event the interest has been sold to a bona fide purchaser for value in order to avoid the provisions of this chapter, the Commonwealth shall have a right of action against the seller of the property for the proceeds of the sale.

(1989, c. 690; 2005, c. 883.) § 19.2-386.9. Appearance by owner or lien holder.

Any person claiming to be an owner or lien holder of the named property may appear at any time within thirty days after service on him of notice to appear or on or before the date certain set forth in any order of publication under § 8.01-317 or such longer time as the court in its discretion may allow to prevent a miscarriage of justice. Any person without actual or constructive notice of the forfeiture proceedings claiming to be an owner or lienholder may appear at any time before final judgment of the trial court and be made a party to the action.

Virginia Department of Criminal Justice Services 21 FORFEITED ASSET SHARING PROGRAM MANUAL Such appearance shall be by answer, under oath, which shall clearly set forth (i) the nature of the defendant’s claim; (ii) the exact right, title or character of the ownership or interest in the property and the evidence thereof; and (iii) the reason, cause, exemption or defense he may have against the forfeiture of the property.

(1989, c. 690; 1991, c. 560.) § 19.2-386.10. Forfeiture; default judgment; remission; trial

A. A party defendant who fails to appear as provided in § 19.2-386.9 shall be in default. The forfeiture shall be deemed established as to the interest of any party in default upon entry of judgment as provided in § 19.2-386.11. Within 21 days after entry of judgment, any party defendant against whom judgment has been so entered may petition the Department of Criminal Justice Services for remission of his interest in the forfeited property. For good cause shown and upon proof by a preponderance of the evidence that the party defendant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8, the Department of Criminal Justice Services shall grant the petition and direct the state treasury to either (i) remit to the party defendant an amount not exceeding the party defendant’s interest in the proceeds of sale of the forfeited property after deducting expenses incurred and payable pursuant to subsection B of § 19.2-386.12 or (ii) convey clear and absolute title to the forfeited property in extinguishment of such interest.

If any party defendant appears in accordance with § 19.2-386.9, the court shall proceed to trial of the case, unless trial by jury is demanded by the Commonwealth or any party defendant. At trial, the Commonwealth has the burden of proving by clear and convincing evidence that the property is subject to forfeiture under this chapter. Upon such a showing by the Commonwealth, the claimant has the burden of proving by a preponderance of the evidence that the claimant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8.

B. The information and trial thereon shall be independent of any criminal proceeding against any party or other person for violation of law.

(1989, c. 690; 1991, c. 560; 2016, cc. 203, 423, 664; 2020, c. 1000) § 19.2-386.11. Judgment of condemnation; destruction.

A. If the forfeiture is established, the judgment shall be that the property be condemned as forfeited to the Commonwealth subject to any remission granted under subsection A of § 19.2-386.10 and further that the same be sold, unless (i) a sale thereof has been already made under § 19.2-386.7, (ii) the court determines that the property forfeited is of such minimal value that the sale would not be in the best interest of the Commonwealth or (iii) the court finds that the property may be subject to return to a participating agency. If the court finds that the property may be subject to return to an agency participating in the seizure in accordance with subsection C of § 19.2-386.14, the order shall provide for storage of the property until the determination to return it is made or, if return is not made, for sale of the property as provided in this section and § 19.2-386.12. If sale has been made, the judgment shall be against the proceeds of sale, subject to the rights of any lien holder whose interest is not forfeited. If the property condemned has been delivered to the claimant under § 19.2-386.6, further judgment shall be against the obligors in the bond for the penalty thereof, to be discharged by the payment of the appraised value of the property, upon which judgment, process of execution shall be awarded and the clerk shall endorse thereon, “No security is to be taken.”

B. Forfeited cash and negotiable instruments shall be disposed of pursuant to the provisions of § 19.2-386.12.

C. Contraband, the sale or possession of which is unlawful, weapons and property not sold because of the minimal value thereof, may be ordered destroyed by the court. (1989, c. 690; 1991, c. 560; 1993, c. 484.) Virginia Department of Criminal Justice Services 22 FORFEITED ASSET SHARING PROGRAM MANUAL § 19.2-386.12. Sale of forfeited property.

A. Any sale of forfeited property shall be made for cash, after due advertisement. The sale shall be by public sale or other commercially feasible means authorized by the court in the order of forfeiture and shall vest in the purchaser a clear and absolute title to the property sold subject to the rights of any lien holder whose interest is not forfeited. The proceeds of sale, and whatever may be realized on any bond given under § 19.2-386.6, and any money forfeited shall be paid over to the state treasury into a special fund of the Department of Criminal Justice Services in accordance with § 19.2-386.14.

B. In all cases of forfeiture under this section, the actual expenses incident to the custody, preservation, and management of the seized property prior to forfeiture, the actual expenses incident to normal legal proceedings to perfect the Commonwealth’s interest in the seized property through forfeiture, and the actual expenses incident to the sale thereof, including commissions, shall be taxed as costs and shall be paid to the person or persons who incurred these costs out of the net proceeds from the sale of such property. If there are no proceeds, the actual expenses shall be paid by the Commonwealth from the Criminal Fund. Actual expenses in excess of the available net proceeds shall be paid by the Commonwealth from the Criminal Fund. The party or parties in interest to any forfeiture proceeding commenced under this section shall be entitled to reasonable attorney’s fees and costs if the forfeiture proceeding is terminated in favor of such party or parties. Such fees and costs shall be paid by the Commonwealth from the Criminal Fund.

The residue, if any, shall be paid and disbursed as provided in subsection A of § 19.2-386.10 and § 19.2-386.14 and regulations promulgated by the Criminal Justice Services Board. (1989, c. 690; 1991, c. 560.) § 19.2-386.13. Writ of error and supersedeas.

For the purpose of review on a writ of error or supersedeas, a final judgment or order in the cause shall be deemed a final judgment or order within the meaning of subsection A of § 8.01-670. (1989, c. 690; 2005, c. 681.) § 19.2-386.14. Sharing of forfeited assets.

A. All cash, negotiable instruments, and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees, and costs as provided in § 19.2-386.12, shall, as soon after entry of the forfeiture as is practicable, be distributed in a manner consistent with this chapter and Article VIII, Section 8 of the Constitution of Virginia.

A1. All cash, negotiable instruments and proceeds from a sale conducted pursuant to § 19.2-386.7 or 19.2-386.12, after deduction of expenses, fees and costs as provided in § 19.2-386.12, shall, as soon after entry of the forfeiture as is practicable, be paid over to the state treasury into a special fund of the Department of Criminal Justice Services for distribution in accordance with this section. The forfeited property and proceeds, less 10 percent, shall be made available to federal, state and local agencies to promote law enforcement in accordance with this section, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, or promote cooperation with law enforcement, and regulations adopted by the Criminal Justice Services Board to implement the asset-sharing program.

The 10 percent retained by the Department shall be held in a nonreverting fund, known as the Asset Sharing Administrative Fund. Administrative costs incurred by the Department to manage and operate the asset-sharing program shall be paid from the Fund. Any amounts remaining in the Fund after payment of these costs shall be Virginia Department of Criminal Justice Services 23 FORFEITED ASSET SHARING PROGRAM MANUAL used to promote state or local law-enforcement activities. Distributions from the Fund for these activities shall be based upon need and shall be made from time to time in accordance with regulations promulgated by the Board.

B. Any federal, state or local agency or office that directly participated in the investigation or other law-enforcement activity which led, directly or indirectly, to the seizure and forfeiture shall be eligible for, and may petition the Department for, return of the forfeited asset or an equitable share of the net proceeds, based upon the degree of participation in the law-enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law-enforcement effort with respect to the violation of law on which the forfeiture is based.

Upon finding that the petitioning agency is eligible for distribution and that all participating agencies agree on the equitable share of each, the Department shall distribute each share directly to the appropriate treasury of the participating agency.

If all eligible participating agencies cannot agree on the equitable shares of the net proceeds, the shares shall be determined by the Criminal Justice Services Board in accordance with regulations which shall specify the criteria to be used by the Board in assessing the degree of participation in the law-enforcement effort resulting in the forfeiture.

C. After the order of forfeiture is entered concerning any motor vehicle, boat, aircraft, or other tangible personal property, any seizing agency may (i) petition the Department for return of the property that is not subject to a grant or pending petition for remission or (ii) request the circuit court to order the property destroyed. Where all the participating agencies agree upon the equitable distribution of the tangible personal property, the Department shall return the property to those agencies upon finding that (a) the agency meets the criteria for distribution as set forth in subsection B and (b) the agency has a clear and reasonable law-enforcement need for the forfeited property.

If all eligible participating agencies cannot agree on the distribution of the property, distribution shall be determined by the Criminal Justice Services Board as in subsection B, taking into consideration the clear and reasonable law-enforcement needs for the property which the agencies may have. In order to equitably distribute tangible personal property, the Criminal Justice Services Board may require the agency receiving the property to reimburse the Department in cash for the difference between the fair market value of the forfeited property and the agency’s equitable share as determined by the Criminal Justice Services Board.

If a seizing agency has received property for its use pursuant to this section, when the agency disposes of the property (1) by sale, the proceeds shall be distributed as set forth in this section; or (2) by destruction pursuant to a court order, the agency shall do so in a manner consistent with this section.

D. All forfeited property, including its proceeds or cash equivalent, received by a participating state or local agency pursuant to this section shall be used to promote law enforcement, which may include expenditures to strengthen relationships between the community and law enforcement, encourage goodwill between the community and law enforcement, or promote cooperation with law enforcement, but shall not be used to supplant existing programs or funds. The Board shall promulgate regulations establishing an audit procedure to ensure compliance with this section.

E. On or after July 1, 2012, but before July 1, 2014, local seizing agencies may contribute cash funds and proceeds from forfeited property to the Virginia Public Safety Foundation to support the construction of the Commonwealth Public Safety Memorial. Any funds contributed by seizing agencies shall be contributed only after an internal analysis to determine that such contributions will not negatively impact law-enforcement training or operations.

F. The Department shall report annually on or before December 31 to the Governor and the General Assembly the amount of all cash, negotiable instruments, and proceeds from sales conducted pursuant to § 19.2-386.7 or 19.2-386.12 that were forfeited to the Commonwealth, including the amount of all forfeitures distributed to the Literary Fund. Such report shall also detail the amount distributed by the Department to each federal, state, or local agency or office pursuant to this section, and the amount each state or local agency or office received from federal asset forfeiture proceedings. Any state or local agency that receives a forfeited asset or an equitable share of the net proceeds of a forfeited asset from the Department or from a federal asset forfeiture proceeding shall inform the Department, in a manner prescribed by the Department, of (i) the offense on which the forfeiture is based listed in the Virginia Department of Criminal Justice Services 24 FORFEITED ASSET SHARING PROGRAM MANUAL information filed pursuant to § 19.2-386.1, (ii) any criminal charge brought against the owner of the forfeited asset, and (iii) if a criminal charge was brought against the owner of the forfeited asset, the status of the charge, including whether the charge is pending or resulted in a conviction. The Department shall include such information in the annual report. The Department shall ensure that such report is available to the public. (1991, c. 560; 2012, cc. 126, 283, 373, 756; 2016, cc. 203, 423; 2018, c. 666; 2022, c. 266.) § 19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions.

A. The following property shall be subject to lawful seizure by any officer charged with enforcing the provisions of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2: (i) all money, medical equipment, office equipment, laboratory equipment, motor vehicles, and all other personal and real property of any kind or character, used in substantial connection with (a) the illegal manufacture, sale or distribution of controlled substances or possession with intent to sell or distribute controlled substances in violation of § 18.2-248, (b) the sale or distribution of marijuana or possession with intent to distribute marijuana in violation of subdivisions (a)(2), (a)(3) and (c) of § 18.2-248.1, or (c) a drug-related offense in violation of § 18.2-474.1; (ii) everything of value furnished, or intended to be furnished, in exchange for a controlled substance in violation of § 18.2-248 or for marijuana in violation of § 18.2-248.1 or for a controlled substance or marijuana in violation of § 18.2-474.1; and (iii) all moneys or other property, real or personal, traceable to such an exchange, together with any interest or profits derived from the investment of such money or other property. Under the provisions of clause (i), real property shall not be subject to lawful seizure unless the minimum prescribed punishment for the violation is a term of not less than five years.

B. All seizures and forfeitures under this section shall be governed by the procedures contained in Chapter 22.1 (§ 19.2-386.1 et seq.). (Code 1950, § 18.1-346; 1960, c. 358; 1970, c. 650; 1972, c. 799; 1973, c. 171; 1975, cc. 14, 15, § 18.2-249; 1976, c. 132; 1979, c. 435; 1982, c. 462; 1985, c. 569; 1986, cc. 449, 485; 1988, cc. 575, 753; 1989, cc. 638, 690; 1993, c. 825; 1999, c. 269; 2004, c. 995; 2011, cc. 384, 410; 2014, cc. 674, 719.) Virginia Department of Criminal Justice Services 25

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX E

Criminal Justice Services Board Rules and Regulations for Asset Sharing Program

RULES RELATING TO THE FORFEITED ASSET SHARING PROGRAM

Pursuant to the provisions of §§ 19.2-386.4, 386.10, and 386.14, the Criminal Justice Services Board hereby promulgates the following regulations for the Forfeited Asset Sharing Program:

§ 1. Definitions The following words and terms, when used in these regulations, shall have the following meaning, unless the context clearly indicates otherwise:

Agency means any federal, state or local agency or office that directly participated in the investigation or other law-enforcement activity which led directly or indirectly to the seizure and forfeiture.

Agency administrator means any Chief of Police, Sheriff, and Commonwealth’s Attorney or agency head of a federal, state or local agency, or office.

Asset means any property or interest in property, whether tangible or intangible, real or personal.

Board means the Criminal Justice Services Board.

Chief Administrative Officer means the officer vested with the administrative and executive function of a political subdivision (e.g. city manager, county manager, etc.), or in the case of an executive branch agency, the director, administrator, superintendent or other equivalent position as provided by law, unless such agency operates under a Supervisory Board as defined in Code of Virginia §9-6.25:3, in which case the chairman of the Supervisory Board shall be deemed “Chief Administrative Officer.”

Department or DCJS means the Department of Criminal Justice Services.

Designated Seizing Agency means the agency or office which initiates the seizure, or which retains possession of the seized property. Designated seizing agency may include the agency chosen by mutual decision of the participating agencies.

Director means the chief administrative officer of the Department of Criminal Justice Services.

In-kind Property means seized, forfeited, and returned property (excluding cash) to the seizing agency for law enforcement, including exchanged property.

Proceeds means forfeited cash and cash value from sale of forfeited property, including in-kind returns sold within a year or over $500.

Virginia Department of Criminal Justice Services 26FORFEITED ASSET SHARING PROGRAM MANUAL § 2. Applicability The following regulations apply to all agencies or offices, in so far as they participate in the seizure and forfeiture of drug assets under Virginia law.

§ 3. Asset Seizure A. Property subject to seizure under §19.2-386.22, that is seized with the intent to forfeit to the Commonwealth and retain the property or proceeds for law enforcement use pursuant to Chapter 22.1 of Title 19.2 must be reported to the Department provided that the property or cash value exceeds five hundred dollars ($500).

B. The agency administrator of the designated seizing agency will file a DCJS Form 998, Asset Seizure Reporting Form, within twenty-one (21) days of seizure. This form calls for detailed information regarding the description and location of property. If more than one agency participates in the seizure the names and addresses of agency administrators shall be reported to the Department on the Form 998.

§ 4. After court orders asset disposition under § 19.2-386.11, the seizing agency files DCJS Form 999 with the Department, accompanied by relevant documentation.

1. Court order copy.
2. Petition for In-Kind Property
3. Seized Assets Management Costs List
4. Cashier’s check or money order for net forfeited proceeds (total minus allowable costs) payable to Treasurer of Virginia.

§ 5. Remission of Innocent Property Interests

1. Innocent property or lien holders’ remission petitions must be filed with Virginia DCJS at 1100 Bank Street, Richmond, VA 23219, including case details, grounds, and statutory basis.

§ 6. Valuation of “In-Kind” Property for purposes of distribution

1. Valuation of in-kind property occurs when jurisdictions cannot agree on distribution.
2. The agency seeking possession shall submit evidence of value, which may be provided by any participating agency.
3. Evidence of value, including appraisals, assessments, or book value references, may be submitted in any form to establish FMV.
4. The Criminal Justice Services Board shall determine FMV after reviewing all evidence presented.
5. Appraisal costs are incident to custody and may be reimbursed from forfeiture funds before proceeds distribution; if no proceeds, no reimbursement.

Virginia Department of Criminal Justice Services 27 FORFEITED ASSET SHARING PROGRAM MANUAL § 7. Distribution Procedures for Proceeds and “In-Kind” Property A. Distribution of “In-Kind” property when all parties are in agreement.

1. Submission of DCJS Form 999 with attachments, including agency agreements, constitutes an approved petition for return if law-enforcement need is demonstrated [§ 19.2-386.14(C)(ii)].
2. If the Department cannot determine the law-enforcement need, it may seek additional information.
3. If unable to determine law-enforcement need, the Department shall submit the question to the next scheduled CJSB meeting.

B. Distribution of disputed “in-kind” property.

1. Participating agencies may petition the Department for return of forfeited vehicles or tangible property within 10 days of court compliance [§ 19.2-386.14(A)(iii)].
2. Petitions for in-kind property return shall be on agency letterhead, including name, address, phone, and agency administrator involved in seizure.
3. Petitions shall be filed at 1100 Bank Street, 12th floor, Richmond, VA 23219.
4. Upon receipt of a disputed petition, the Department shall notify the CJSB Chairman, and the resolution process for Joint Agency Sharing shall be implemented, including mailing notices for responses.
5. Findings shall include: a. FMV of property; b. proportional shares; c. amount agencies must pay to retain property and payment deadline; d. law-enforcement need for property.

C. Joint Agency Sharing of Forfeited Assets

1. If agencies agree on proceeds or in-kind property, distribution shall follow Form 999 or attached agreement, pending petition challenge and Board concurrence on law-enforcement need [§ 7.A (3)].
2. Disagreeing agencies may petition the CJSB for a proportional share of proceeds.
3. Petitions shall be on agency letterhead and identify all participating agencies.
4. Petitions shall specify the agency’s claimed share and supporting grounds.
5. Petitions shall be filed at 1100 Bank Street, 12th floor, Richmond, VA 23219.
6. Petitions shall be filed within 21 days of the court’s forfeiture order.

Virginia Department of Criminal Justice Services 28

FORFEITED ASSET SHARING PROGRAM MANUAL

1. Upon receipt, the Department shall forward copies to all known participating agencies for responses.
2. Agency Administrators shall file responses at DCJS within 14 days.
3. After receiving all petitions or upon deadline, DCJS shall prepare a decision package for the FADC.

D. Hearing

1. Petitions contesting distribution shall be referred to the FADC Chairman.
2. FADC Chairman shall set the meeting time and place.
3. Meetings shall occur within 45 days of petition receipt, unless continued as needed.
4. All agencies shall be notified of meeting details.
5. The FADC or Board shall consider the following criteria in reviewing petitions brought before it: a. General: The degree of participation in the law-enforcement effort resulting in the forfeiture, taking into account the total value of all property forfeited and the total law-enforcement effort with respect to the violation of law on which the forfeiture is based. b. Specific:
6. Whether the agency or office originated the information that lead to the seizure, and whether the agency obtained such information by use of its investigative assets, or through fortuitous events;
7. Whether the agency provided unique or indispensable assistance;
8. Whether the agency initially identified the asset or seizure;
9. Whether the agency seized other assets during the course of the same investigation and whether such seizures were made pursuant to state law;
10. Whether the agency could have achieved forfeiture under federal law, favoring agencies that forfeited assets independently but collaborated for more effective investigations;
11. After reviewing petitions, arguments, and criteria, the FADC or Board shall, by majority vote, determine proceeds' share and direct distribution according to law;
12. FADC decision is final for asset distribution unless, within 10 days, a participating agency notifies the Department of an appeal to the Criminal Justice Services Board;
13. Appeals of FADC decisions will be scheduled for the next Criminal Justice Services Board meeting;
14. The full Board will hear appeals of FADC decisions based on Committee reports and evidence presented during the meeting; the Board's decision is final.

§ 8. Certification A. Prior to disbursement of proceeds by the Department, the chief administrative officer of the participating jurisdiction shall sign, on its official stationary, the following certification: “I certify that the proceeds applied for and any income or interest derived there from will be used for law enforcement purposes, and will not be used to supplant existing funds from any source whatsoever.” Virginia Department of Criminal Justice Services 29 FORFEITED ASSET SHARING PROGRAM MANUAL B. Agencies or offices that participate in the distribution of property or proceeds under Chapter 22. 1 of Title 19.2, agree to maintain records of the use and handling of the respective proceeds or property and any income or interest derived there from for a period of three years from receipt. The Department may audit the records of the forfeited assets at any time during those three years, and shall report the findings of any such audit to the Criminal Justice Services Board.

C. The Department requires that all participants in the Forfeited Asset Sharing Program submit an annual financial statement of receipts and expenditures related to the program, certifying that the proceeds applied for and any income or interest derived there from was used for law-enforcement purposes and was not used to supplant existing funds from any source. This certification and a financial statement must be submitted to the Department six months after the close of the designated fiscal year.

Virginia Department of Criminal Justice Services 30

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX F

Sample Task Force Agreement

Memorandum of Understanding Regional Narcotic Enforcement Task Force

Introduction

In __________, local law enforcement and Virginia State Police identified the need for a regional narcotics task force to target major multi-jurisdictional violators, aiming to reduce illegal drug trafficking.

The Task Force’s goals are to target, investigate, and prosecute large-scale narcotics traffickers impacting signatory jurisdictions.

The Task Force will target all narcotics.

Goals will be achieved using all available law enforcement techniques and skills.

Agreement

This agreement is made this ____ day of __________, ______, among signatories.

WHEREAS: Parties agree to cooperate in enforcing Virginia Code § 18.2-247 et seq., as amended.

The parties establish the “TASK FORCE” to improve enforcement of Virginia Code § 18.2-248 et seq., as amended, and agree to the following:

A. The Command Group, including Chiefs of Police, Sheriffs, and a Virginia State Police supervisor, will set goals, policies, and procedures, attached as Addendum #1.

B. The coordinator, supervised by the Command Group, will prepare monthly activity reports and record meeting minutes.

Virginia Department of Criminal Justice Services 31FORFEITED ASSET SHARING PROGRAM MANUAL C. A minimum of one (1) experienced officer from each jurisdiction, and the Virginia State Police, Bureau of Criminal Investigation will be detailed to the Task Force for a minimum of one year. During the period of this agreement a member of the Virginia State Police/Bureau of Criminal Investigation will coordinate the Task Force.

Replacements will join the Task Force two weeks before the change to ensure continuity.

All salaries, overtime, pension, relief, disability, Workers’ Compensation, expenses, and benefits from members' parent organizations shall apply during their Task Force assignment.

Disciplinary conduct by a Task Force member will be reported to their agency official for action.

Each party shall identify other parties to this agreement for third-party claims arising from Task Force activities and waive claims against each other.

Officers shall only handle narcotics violations unless required by law and shall not arrest outside their jurisdiction for unrelated investigations.

Participating agencies will provide equipment, including undercover vehicles and repair/maintenance costs.

B. Technical equipment, including tape recorder, binoculars, 35 mm camera, telephone, pager, vest and other support items when available.

Costs for secretarial help, office space, utilities, phones, and other expenses will be shared equally.

Virginia State Police will provide radios and communication systems to full-time members when available.

The Bureau will seek special authority for full-time members, used only as authorized in written instructions.

The Bureau will provide via its Drug Trust and Criminal Investigation funds:

1. Assist with informant payments in Task Force cases per Virginia State Police, Bureau of Criminal Investigation policy.

Virginia Department of Criminal Justice Services 32

FORFEITED ASSET SHARING PROGRAM MANUAL

1. Assist with drug purchases as evidence in Task Force cases per Virginia State Police, Bureau of Criminal Investigation policy.
2. Use flash rolls as needed for Task Force investigations per Virginia State Police, Bureau of Criminal Investigation policy; accounting will follow same methods and forms.

Assets seized will be shared equally, with expenses for informants and drug purchases reimbursed to agencies from forfeited assets before sharing.

This agreement remains until terminated by written notice; withdrawal requires 30 days' notice and terminates the entire agreement.

IN WITNESS HEREOF, the parties hereto have executed this agreement.

ATTEST:

County of

BY: __________________________________

County of

BY: __________________________________

County of

BY: __________________________________

Town/City of

BY: __________________________________

Town/City of

BY: __________________________________

Town/City of

BY: __________________________________

Virginia State Police

BY: __________________________________ Virginia Department of Criminal Justice Services 33

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX G

Sample Court Documents

Virginia

IN THE CIRCUIT COURT OF THE CITY OF

WARRANT FOR PROPERTY ARREST

IN RE: {DESCRIPTION OF THE PROPERTY}

TO: Any authorized law-enforcement officer

The Commonwealth of Virginia commands law enforcement to seize and safely hold the property involved in drug-related offenses until court disposal.

By: ______________________

Deputy Clerk

Virginia Department of Criminal Justice Services 34FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

IN RE:

{DESCRIPTION OF PROPERTY}

TO:

{LIST NAME(S) AND

Docket #: ___________________

ADDRESS(ES) OF ALL OWNERS

Notice of seizure: On {DATE}, law enforcement seized property at {LOCATION} related to Virginia Code §19.2-386.22, connected to drug manufacturing, sale, or distribution.

COMMONWEALTH OF VIRGINIA

By: _____________________________

Commonwealth’s Attorney Virginia Department of Criminal Justice Services 35 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY}

Docket #: __________________

and

{LIST THE NAME AND ADDRESS OF

EACH OWNER OR LIENHOLDER}

NOTICE TO APPEAR

WHEREAS, Virginia, by counsel, informed this Court that property related to manufacture, sale, distribution, or possession with intent to distribute controlled substances or marijuana.

THEREFORE, owners or lienholders must object within 30 days of service or publication, filing under oath their claim, ownership rights, evidence, and defenses against forfeiture.

Clerk of the Circuit Court Virginia Department of Criminal Justice Services 36 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY}

Docket #: _______________________

and

{LIST THE NAME(S) AND ADDRESS(ES) OF

Virginia, by {NAME OF PROSECUTOR}, Commonwealth’s Attorney, informs the Court that on or about {DATE OF SEIZURE}, property was used in connection with or proceeds from illegal manufacture, sale, or distribution of controlled substances or marijuana, violating §19.2-386.22.

WHEREFORE, the Commonwealth requests the property be condemned and forfeited according to law.

COMMONWEALTH OF VIRGINIA

By: ___________________________

{NAME OF PROSECUTOR}

Commonwealth’s Attorney

Virginia, {JURISDICTION}, before me, a Notary Public, {NAME OF PROSECUTOR}, swore the above statements are true to the best of {HIS/HER} knowledge.

Given under my hand this ______day of ____________, ______.

_______________________________

NOTARY PUBLIC

My Commission expires: _____________________________ Virginia Department of Criminal Justice Services 37 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY}

Docket #: ________________________

and

{NAME OF EACH OWNER OR

LIENHOLDER}

ORDER OF FORFEITURE

This cause was heard on the Commonwealth’s information why {DESCRIPTION OF THE PROPERTY} should not be forfeited under §19.2-386.1 et seq. of the Virginia Code.

The Court finds {NAME OF OWNER} appeared by counsel; and

The Court finds {NAME OF LIENHOLDER} appeared in person; and

IT FURTHER APPEARING that said property was used in connection with, or proceeds from, manufacture, sale, or distribution of controlled substances or marijuana in violation of §19.2-386.22; and

The Court finds {NAME OF LIENHOLDER} was unaware of and had no reason to know of the illegal conduct causing forfeiture;

It is ordered that {DESCRIPTION OF THE PROPERTY} be forfeited, condemned, and sold according to law;

The sale proceeds shall be used to pay expenses, satisfy {NAME OF LIENHOLDER}'s lien of {BALANCE OF LIEN}, and any remaining balance paid to the Department of Criminal Justice Services for lawful distribution.

ENTER this_____ day of ______________, ______.

__________________________________________

Judge I ask for this:

__________________________ Attorney for the Commonwealth

• Use this form when property is to be sold with an innocent lienholder.

Virginia Department of Criminal Justice Services 38 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY}

Docket #: ____________________

and

{NAME AND ADDRESS OF EACH

OWNER OR LIENHOLDER}

ORDER OF FORFEITURE

THIS CAUSE came to be heard upon the Information filed by the Commonwealth to appear and show cause why {DESCRIPTION OF THE PROPERTY} should not be forfeited to the Commonwealth under the provisions of §19.2-386.1 et seq. of the Code of Virginia (1950) as amended; and

The Court finds {NAME OF OWNER} appeared or failed to appear after proper notice; and

The Court finds the property was used in connection with or proceeds from illegal manufacture, sale, or distribution of controlled substances or marijuana, violating §19.2-386.22.

The Court finds the property is suitable for law enforcement use;

IT IS ADJUDGED, ORDERED, and DECREED that {DESCRIPTION OF THE PROPERTY} be stored pending disposition by the Department of Criminal Justice Services of any petition for its return for law-enforcement use.

ENTER this _____ day of ______________, ______.

___________________________________________

Judge

I ask for this:

__________________________ Attorney for the Commonwealth

• Use this form when property is to be returned in-kind.

Virginia Department of Criminal Justice Services 39 FORFEITED ASSET SHARING PROGRAM MANUAL Virginia

IN THE CIRCUIT COURT OF THE CITY OF

COMMONWEALTH OF VIRGINIA

V.

{DESCRIPTION OF THE PROPERTY SEIZED}

Docket #: ____________________

and

{NAME OF EACH OWNER

OR LIENHOLDER}

ORDER OF FORFEITURE

THIS CAUSE came to be heard upon the Information filed by the Commonwealth to appear and show cause why {DESCRIPTION OF THE PROPERTY} should not be forfeited to the Commonwealth under the provisions of §19.2-386.1 et seq. of the Code of Virginia (1950) as amended; and

IT APPEARING to the Court that {NAME OF OWNER(S)} failed to appear after proper notice of this action; and

IT FURTHER APPEARING to the Court that said property was used in substantial connection with, or represents the proceeds from, the manufacture, sale, or distribution of controlled substances or marijuana in violation of §19.2-386.22 of the Code of Virginia (1950) as amended;

IT IS THEREFORE ADJUDGED, ORDERED, and DECREED that {DESCRIPTION OF THE PROPERTY} be forfeited to the Commonwealth and condemned and sold according to law; and

IT IS FURTHER ORDERED that sale proceeds shall be distributed: 1) pay all expenses for storage, maintenance, and sale; 2) remaining balance to the Department of Criminal Justice Services for lawful distribution.

ENTER this _____ day of _______________, ______.

____________________________________________

Judge

I ask for this:

__________________________ Attorney for the Commonwealth

• This form is for use when there is a default judgment & no lienholder Virginia Department of Criminal Justice Services 40

FORFEITED ASSET SHARING PROGRAM MANUAL

APPENDIX H

Sample Agency Policy Statement

Police/Sheriff’s Department General Order

Subject: ASSET FORFEITURES Number: _________________

Effective Date: __________________________ Review Date: ______________

Amends/Supersedes: _____________________ Approved: ________________ Police Chief/Sheriff

NOTE: This rule is for internal use only, does not increase officer liability, and cannot be construed as creating a higher safety or care standard. Violations, if proven, form the basis of a departmental complaint only in a non-judicial setting.

INDEX WORDS: asset forfeiture narcotics drug enforcement

I. POLICY: A constitutional amendment allows law enforcement to benefit directly from seizures in narcotics investigations. Previously, federal forfeiture was required for financial aid. We will enforce drug laws and pursue forfeiture of substantial seizures under state law, applying recovered assets to enforcement needs. Enforcement is not driven by profit.

II. PURPOSE: To outline the department’s participation in asset forfeitures from drug enforcement cases, and to state responsibilities of the asset forfeiture coordinator.

III. DEFINITIONS: A. Asset forfeiture coordinator (AFC): officer designated by the chief/sheriff to understand state forfeiture law (Chapter 22.1 of Title 19.2 of the Code of Virginia), identify assets, and implement legal processes. The AFC also liaises with the Forfeiture Asset Dispute Committee, Criminal Justice Research Board, other agencies, and courts as needed.

B. Designated seizing agency: the agency that initiates seizure or retains possession. It may be chosen by mutual agreement of participating agencies.

Virginia Department of Criminal Justice Services 41FORFEITED ASSET SHARING PROGRAM MANUAL C. Assets: Includes both in-kind property and proceeds. In-kind property consists of whatever an agency can put to immediate use. Anything of value seized in association with a drug transaction is an asset for purposes of this order.

Proceeds: money from sale of property not immediately useful.

IV. PROCEDURES: A. Responsibilities of the asset forfeiture coordinator (AFC).

1. Review police reports to identify forfeitable property.
2. Report all forfeiture seizures to the Department of Criminal Justice Services.
3. Report all forfeiture matters to the assistant chief of police or chief deputy.
4. Coordinate with vendors managing seized property.
5. Coordinate with agency reps for pre-seizure planning to evaluate assets, ownership, liens, and encumbrances, aiming to identify innocent lienholders.

B. If the agency wishes to participate in state forfeiture procedures, the AFC shall:

1. Coordinate with the Commonwealth’s Attorney to obtain default judgments against non-responders within 30 days.
2. Apply to DCJS for return of in-kind property for legitimate law-enforcement use.
3. Coordinate with the Commonwealth’s Attorney or officials to sell property commercially when appropriate.
4. Coordinate with regional agencies to designate a seizing agency, negotiate asset division, forward interagency agreements to DCJS, ensure separate forfeiture accounts, and track cases.
5. Submit and annually renew locality’s certification to DCJS confirming proceeds are for law enforcement only and do not replace existing resources.
6. Forward seized money to DCJS via check, coordinating with the finance officer as needed.

[NOTE: If the Finance officer is part of the law enforcement agency, responsibilities should be in the agency order; if serving town/county, include in job description or other document.]

FORFEITED ASSET SHARING PROGRAM MANUAL C. The agency finance officer shall:

1. Prepare checks to DCJS promptly upon receipt of forfeited drug funds.
2. Maintain records of all property from drug forfeitures for at least three years.
3. Annually audit all seized and forfeited property; send copies to DCJS upon request.
4. Keep records of all receipts for cash or property obtained, sold, or disposed of via asset forfeiture.

D. If the agency elects to pursue forfeiture through federal proceedings, then the AFC will notify DCJS.

Virginia Department of Criminal Justice Services 43

Comprehensive Community Corrections Act & Pretrial Services Act

Local Community-based Probation and Pretrial Services Grant Application Guide for FY 2017 & 2018 Continuation Funding

Virginia Department of Criminal Justice Services 1100 Bank Street, Richmond, VA 23219

March 2016 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

INTRODUCTION

The Department of Criminal Justice Services (DCJS) administers general appropriation funds designated for the purpose of supporting the Comprehensive Community Corrections Act for Local-Responsible Offenders (CCCA) and the Pretrial Services Act (PSA) as grants to local units of government. Applications for continuation funding for Fiscal Years 2017 & 2018 are currently being solicited.

Authority & Purpose

This grant is intended specifically to support local probation and pretrial services agencies established under the authority of the CCCA, as specified in §§9.1-173 et seq. of the Code of Virginia, or the PSA as specified in §§19.2-152.2 et seq. of the Code of Virginia. Sentencing to local community-based probation authorized by the CCCA is to be done in accordance with §19.2-303.3 and statutes authorizing deferred proceedings of the Code of Virginia.

Funds are to be used for purposes of continuing, improving, and/or expanding existing agencies and services, and for the development of new and innovative ones, specifically those that are based in research or are appropriate evidence-based practices.

Eligibility Requirements

Only county or city governments that currently receive CCCA and PSA funds are eligible to receive continuation funding. For multi-jurisdictional efforts, one of the participating localities must submit the grant application on behalf of all participating jurisdictions and must assume responsibility for grant administrative and financial matters by serving as the Administrative and Fiscal Agent. Private non-profit organizations may receive grant funds only through contracts with local governments for probation services. Pretrial services may not be provided by private organizations with the exception of those that were doing so on or before July 1, 1995.

The County Administrator, County Executive or County or City Manager must serve as the Project Administrator.

For multi-jurisdictional efforts, the County Administrator or City Manager of the locality serving as the Administrative and Fiscal Agent must serve as the Project Administrator. It will be the responsibility of the applicant locality to ensure that funds are spent in accordance with grant requirements and local and state procurement regulations.

Each applicant is to have a Community Criminal Justice Board (CCJB) to serve as an advisory body to the local governing body on matters pertaining to local criminal justice issues. The composition and responsibilities of the CCJB are specified in §9.1-178 et seq. of the Code of Virginia.

Funding

Restrictions: CCCA/PSA grant recipients may not use these grant funds to:

1. Supplant or replace local funds supporting functions that may be associated with the administration or operation of these agencies and/or the supervision of defendants and probationers.
2. Supplant or replace in whole or part other state funds supporting functions that may be associated with the administration or operation of these agencies and/or the supervision of defendants and probationers. This includes, but is not limited to, functions of the County or City Treasurer’s office supported by the state and functions of the Clerk of the Court (i.e., collection of restitution).
3. Pay for any staff not designated for CCCA or PSA operations (these grant funds must only pay for the portion of salary for the time dedicated to CCCA and/or PSA programming and operations).
4. Pay for capital construction, renovation, remodeling, or land acquisition.
5. Pay for any vehicles.
6. Pay for firearms, ammunition, or related equipment. 3/10/2016

2 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

1. Pay for clothing and/or uniforms.
2. Pay for lobbying, political contributions, honoraria, overtime or bonuses.
3. Pay for personal entertainment, personal calls, or alcohol.

Requirements and restrictions on the expenditure of grant funds, where given, must be adhered to by the applicant.

Matching Funds: There are no matching funds required for this grant; however, cash and in-kind support must be shown in the itemized budget and the narrative budget.

Supervision/Intervention Fees: Supervision/intervention fees are governed by the same terms, conditions, and assurances that apply to state funds. There are two (2) exceptions:

1. Fees collected may be used to supplant local funds contributing to the grant, and
2. Unspent or unexpended fees collected in one fiscal year must be rolled over from year to year into the CCCA/PSA budget and be used solely for the CCCA/PSA agency operations.

Indirect Costs: Indirect costs are defined as fees charged against the grant for the local government's administration of the funds. Included in this are any administrative personnel and operational costs incurred by the locality that cannot be attributed directly to a given project. If the locality determines that charging indirect costs against the grant program is necessary the following conditions apply:

1. Indirect costs cannot exceed 1% of the total state funded grant award.
2. Charging the grant for indirect costs cannot violate non-supplanting requirements.
3. Charging the grant for indirect costs will reduce the total amount available for defendant and probationer supervision, treatment, personnel, and other agency operating expenses.

Amount Available/Funding Limitations

The base appropriation for continuation funding that may be available is expected to be at level funding. DO NOT APPLY FOR MORE THAN THIS AMOUNT. Any significant sub-budget adjustments must be justified in the grant application.

If changes in state funding occur as a result of actions by the General Assembly or Governor, grantees will be notified of any necessary actions to be taken.

Grant Period

Applicants will be funded for two one-year periods, July 1, 2016 through June 30, 2017 and July 1, 2017 through June 30, 2018 (FY2017 and FY2018). Separate budgets, budget narratives, and face sheets are required for each grant year.

How to Apply

Applicants must adhere to all of the following applicant specifications for funding consideration:

1. The complete DCJS Grant Application must be received by 5:00 p.m. on April 22, 2016. Applications received after the deadline will not be considered. Applications must be e-mailed to: CCCAPSA@dcjs.virginia.gov

Please put the name of your locality and your grant number in the subject line of the email. You will receive an automated reply once you email your grant. Early submissions are appreciated. 3/10/2016

3 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

1. All parts of the application should a) be complete, b) comply with any page limitations, c) use the forms provided, and d) be submitted as one PDF with the name of your locality and your grant number as the title of the PDF document (i.e., “Richmond 15S6375CC15;” spaces are allowable) in the following order:  Application Face Sheet for FY2017  Project Description for FY2017 – 2018  Staff Information Form  Itemized Budget for FY2017 (period of July 1, 2016 – June 30, 2017)  Budget Narrative for FY2017 (period of July 1, 2016 – June 30, 2017)  Application Face Sheet for FY2018  Itemized Budget for FY2018 (period of July 1, 2017 – June 30, 2018)  Budget Narrative for FY2018 (period of July 1, 2017 – June 30, 2018)

1. The Project Administrator (or designee with signatory authorization on file with DCJS) must be listed on the grant application face sheet.
2. Only one grant application per applicant jurisdiction will be accepted for CCCA and PSA funding.
3. Faxed applications will not be accepted.
4. Number all pages.

Review Process

DCJS will base its review on the quality and thoroughness of the applications. Current and past performance, project progress and implementation, adherence to grant guidelines and conditions, and whether all reporting requirements are current will be considered during grant review.

Applicants will be advised if significant reductions in their proposals have been recommended and will be given an opportunity to provide additional supporting information for consideration by the review committee or subcommittee of the CJSB.

In addition to a project’s performance, and the availability of funds, a key factor in determining eligibility for continuation funding will be compliance with grant financial and progress reporting requirements. No current recipient of funding through this grant will be considered for continuation funding if, as of the continuation application due date, any of the required Financial or Progress Reports for the current grant are more than 30 days overdue. For good cause submitted in writing by the grant recipient, DCJS may waive this provision.

Note: Although budgets for FY2017 and FY2018 will be approved, grantees will have an opportunity to modify the second-year budget as needed. In the event that the appropriation by the General Assembly changes for the second year of the biennium necessitating changes in individual grant awards, DCJS will notify grantees of the change at the earliest opportunity.

Technical Assistance

For general grant application assistance, please contact your grant manager:  Paula Harpster at (804) 786-1140 or paula.harpster@dcjs.virginia.gov  Ken Rose at (804) 225-4329 or kenneth.rose@dcjs.virginia.gov  Donna Shiflett at (804) 225-4127 or donna.shiflett@dcjs.virginia.gov 3/10/2016

4 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

INSTRUCTIONS FOR COMPLETING THE GRANT APPLICATION

Application Face Sheet Grant Program – List the grant program you are applying for—Comprehensive Community Corrections Act (CCCA) and Pretrial Services Act (PSA) Grant is prefilled.

Congressional Districts – Leave blank.

Applicant – Please provide the name of the City or County (Administrative and Fiscal Agent) applying for the grant. (Do not list the local agency.)

Faith Based Organization – Is the applicant a faith-based organization? “No” is checked.

Applicant FIN – Please provide the Federal Identification Number for the Administrative and Fiscal Agent, not the jail or agency.

Best Practice – Leave blank.

Jurisdiction(s) Served - List all Localities (counties and cities) served.

Program Title – Check the appropriate category—Community Corrections, Pretrial Services or both.

Certified Crime Prevention Community – Is your locality a certified crime prevention community by DCJS (click link to see list)?

Grant Period – Provide the grant period for each year on each face sheet: July 1, 2016 – June 30, 2017 and July 1, 2017 – June 30, 2018.

DUNS Number – Provide the Data Universal Numbering (DUNS) Number. DUNS number is a unique nine-character identification number provided by Dun and Bradstreet. If you do not have a number for the locality or organization, please go to the website http://fedgov.dnb.com/webform.

Type of Application –”Continuation” is checked.

Rural, Urban or Suburban – Check all that apply to describe the applicant locality or localities.

Project Director, Project Administrator, and Finance Officer – Please provide the zip + four, e-mail address, fax number, and telephone number for each person.

Project Director – The daily contact for DCJS regarding the operations of the CCCA and PSA agencies.

If there is more than one, please attach additional contact information on a separate page.

Project Administrator –This is the County Administrator or City Manager (Administrative and Fiscal Agent) who oversees the management of the grant.

Finance Officer – The person who will be responsible for fiscal management of funds at the local government level.

Brief Project Description – A short, 2 – 3 sentence description of the proposed project.

Project Budget Summary – Report the amount of state funds requested from the itemized budget forms by category (i.e. Personnel, Supplies and Other) and by funding category (i.e. Pretrial Services or Local Community-based Probation) on the application face sheet. Total all category budgets in the last column. Include the total local funds and fees that support this project on the bottom line only; do not include local funds and fee totals in the “Local Match” or “Total Requested” column. All amounts must be rounded to the nearest dollar. 3/10/2016

5 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding Project Description

Provide a brief abstract of the project, including any relevant performance data or agency evaluation procedures used that demonstrates that the agency’s activities, policies and practices contribute to the reduction of recidivism for probation and the reduction of misconduct (FTA or new arrest) for pretrial services. Address the following elements for both probation and pretrial services in the Project Description (4 page maximum):

Summary of the project is to include:

1. Type of services and activities, including mandated services,
2. Actual operations,
3. Duties and responsibilities,
4. All activities related to implementing and using evidence-based practices, and
5. Optional services.

Provide a summary analysis of the agency probation activities which includes the following:

1. The number of probation placements from FY2015 that are technical violators,
2. The number of probation placements from July 1, 2015 to December 30, 2015 that have a suspended sentence,
3. The number of probation placements from July 1, 2015 to December 30, 2015 that do not have a suspended sentence,
4. The risk distribution of probation placements from July 1, 2015 to December 30, 2015,
5. The steps taken, if any, to apply risk informed supervision, and
6. The distribution of needs indentified by the assessment instrument (OST) from FY2015. Indicate if appropriate interventions or services to address the needs identified by the assessment instrument (OST) are available (in-house, at a CSB, and/or other service providers) or not.

Provide a summary analysis of the agency pretrial activities, including the risk distributions of defendants from July 1, 2015 to December 30, 2015 by the following:

1. Number of defendants placed on pretrial supervision by risk level,
2. Number of defendants investigated with a completed VPRAI by risk level, and
3. Number of defendants placed on pretrial supervision by bond type (personal recognizance/unsecured and secured bond).

Community Criminal Justice Board (CCJB) Information

Provide the following information related to your Community Criminal Justice Board (CCJB):

1. The current list of all CCJB members in a separate email to your grant manager by the grant due date and include the following information:

• The name, professional title (if applicable), mailing address, e-mail address, phone and fax numbers of each member
• The CCJB position each person holds, if not clear by professional title (for example, JDR judge, Police, or Jail positions)
• Identification of the chair and, if appropriate, vice-chair of the CCJB
• The name, professional title, and email of staff to the CCJB
• The name, professional title, and email of the criminal justice planner, if applicable.

1. The meeting frequency of the CCJB during the last grant period and the number of times there was a quorum at the meetings. 3/10/2016

6 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

1. A list and short description of the major activities and accomplishments of the CCJB.
2. A list of any barriers that your CCJB has experienced during the last grant period.
3. Respond to the following questions: a.

Does your CCJB conduct criminal justice planning for your localities? b. Does your CCJB have a criminal justice planner? c.

Does your CCJB have current bylaws? d. Does your CCJB conduct new member orientation, board retreats or special meetings?

Project Budget Itemization and Narrative

The overall project budget is a vital part of the grant application. Separate itemized budget forms and narratives must be completed for each of the Local Community-based Probation and Pretrial Services components for each year of the grant cycle. The budget narrative should explain the reason for each requested budget item and provide the calculation basis for its cost. All requested items must be justified and related to the proposed project or they may be deleted from the budget and the total award reduced.

When completing the itemized budget forms and narrative budget, remember that:

 State funding portions of the budgets must match with totals given on the Application Face Sheet.  Staff, services, office space, or supplies shared across the various project budgets should be appropriately split (i.e.: 60%: 40%), and identifiable on the narrative and itemized budget forms.  All additional funds supporting this project must be included in the itemized budget in each line item, in Section 7 of the itemized budget form, and in the budget narrative. Additional funds include, but are not limited to, fees, local, federal, or other state funds supporting the project. Fees must be identified in Section 7 of the itemized budget form.  All amounts must be rounded to the nearest dollar.  Any funding from DCJS for specific purposes (i.e., PTCC, training) must be identified in the itemized and narrative budget.

1. Personnel/Employees This applies to all local employees who will be supported by funds (state, federal, or local) associated with this project.

a.

Salaries: List each position by title on the itemized budget form (and name of employee, if available). Show the total annual salary rate for the employee (regardless of funding source), the number of annual hours to be devoted to CCCA/PSA grant activities and if the employee is full time or part time.

Using interns or volunteers for professional (investigation/case management/supervision) positions is not permitted. Professional positions may only be held by individuals with the required training and credentials.

Explain the positions and their functions in the narrative and indicate if positions are split between local probation and pretrial or other projects. Identify all staff and/or positions that are responsible for investigating or supervising probationers/defendants.

The workload must justify creating or maintaining full-time positions. State General Funds may be utilized for the provision of activities consistent with the Code of Virginia and any standards, guidelines and implementation or policy memorandums issued by DCJS. DCJS may not fund case management supervision staff (or functional equivalent)-to-probationer/defendant average ratios of less than 1:60 for local community-based probation, or less than 1:40 for pretrial services. This does not preclude smaller 3/10/2016

7 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding jurisdictions with lower populations from state funding. Staff requests should be in proportion to the population served. Management and support staff should be in direct proportion to probationer supervision staff and should be well justified. As always, DCJS encourages administrative efficiencies with state funding. Every effort should be made to coordinate supervision among the various system components so as to promote efficiencies at the local level.

b. Employee Benefits: Indicate each type of benefit included and the total cost allowable to employees assigned to the project. If this is percentage based, indicate the percentage.

1. Consultants

a.

For individuals to be reimbursed for personal services on a fee basis: List each type of consultant or service (with numbers in each category and names of consultants when available), the proposed daily fee rate, and the amount of time to be devoted to such services. b. For organizations, including professional associations and educational institutions, performing professional services: State the type of services being performed and estimated contract prices. Requests for contracted services and consultants will be very carefully screened. Consultant and contracting fees will be approved only when it is justified that the use of outside contract agencies and consultants will significantly and permanently enhance project effectiveness.

c.

Consultant Travel and Subsistence: This is generally not allowable for this grant program unless it is necessary, reasonable, and justified. These must be reasonable and adhere to the grantee’s established travel policy. High mileage should be explained and justified.

d. Description of each service contracted for and the name of the service provider.

e.

The number of defendants and/or probationers benefiting from each type of service.

f.

Total budgeted amount for each service and a per defendant/probationer/group cost.

g. Description of what services the Community Services Board (CSB) provides and the cost (including services that are free of charge). If using services other than through the CSB, the decision should be explained.

h. If services are contracted, include, as an attachment, a copy of a current Memorandum of Understanding (MOU) and/or contract (if a private provider is currently utilized and expected to continue) or a description of what the contract will include and a description of how the service provider will be or has been selected.

1. Travel Itemize total travel expenses of project personnel by local mileage, non-local, and subsistence. Grantees must follow the state’s travel policy unless there is a written local travel policy. The state allows reimbursement for actual reasonable expenses. Unless a local policy governs, mileage is reimbursed at the federal rate ($0.54/mile as of 1/1/2016). Transportation costs, such as air and rail fares, are at coach rates. Subsistence is paid according to a per diem rate. Justify travel by explaining its relevance to job duties.

1. Equipment Equipment includes, but is not limited to, the purchase or lease of items such as office furniture, copiers, fax machines, telephones (but NOT line service), PTCC wiring, and cellular phones. Each major item to be purchased must be listed separately with unit cost. Each item to be leased or rented must be listed separately with the cost associated with the lease or rental. The budget narrative must explain the relevance of each item to the project. Items not justified may be deleted.

CCCA and PSA budgets must include a line item under equipment for the PTCC network equipment and hardware replacement and repair for no less than 1% of the total state funding. For any new positions established, funds must 3/10/2016

8 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

be budgeted for computer equipment, software, licensing, and networking. All computer equipment, software, and networking must meet DCJS specifications, including the mandatory secure, 24/7 site-to-site Virtual Private Network (VPN) tunnel between the DCJS offsite central servers and the local server and be compatible with the Pretrial/Local Community-based Probation (PTCC) case management system. All office moves and connectivity changes require additional expenses both at the local project level and for DCJS, so all moves or changes should be planned for and budgeted in advance, if possible. DCJS requests one (1) month notice for any physical moves or connectivity changes.

DCJS requires that ALL staff have professional email and internet access with valid virus protection that is updated regularly and conforms to your local IT policies. Part of the PTCC 1% may be used for this purpose.

1. Supplies and Other Operating Expenses All costs should be itemized within this category by major types with the basis for computation (“x” dollars per month, “y” dollars per person, etc.). Office rental costs must be reasonable and consistent with rents charged in the area. Supplies and Other Operating Expenses include, but are not limited to, the following:

 Rent  Training  Utilities  Vendor maintenance contracts/agreements  Telephone services  On-site drug testing and lab confirmations  Internet access/internet provider contracts  Postage  Cellular phone services  Special printing projects  Office supplies (including printing expenses -do not separate)

1. Indirect Costs Indirect costs are costs that cannot be assigned to a particular budget category but are necessary to the operation of the organization and the performance of the project. Indirect costs may include fiscal administration, accounting, payroll services, financial reporting, and auditing. The following specifications apply to the indirect costs portion of the budget:

 Per the Code of Virginia (§9.1-183), indirect costs are limited to 1% of the total grant state funded award.  Localities may not charge the grant for indirect costs if it would violate non-supplanting rules.

1. Cash Funds from Sources Other than Grant Funds Supporting this Project Funds from sources other than this award, including supervision/intervention fees, project income, local or federal funds supporting the project must be included in the budget summary, on the itemized budget and the narrative budget. With the exception of supervision/intervention fees, funds shown in this item are not governed by the terms, conditions, and assurances which apply to the grant award. Local funds and fees must be included on the Grant Application Face Sheet under the appropriate column (“Local Probation” or “Pretrial Services”). The “Local Match” column should be left blank on the Application Face Sheet. NOTE: DCJS is periodically asked how much local support these programs receive. In order for us to accurately respond, agencies must provide information about their complete budget, including cash and in-kind support.

Project Guidance and Operating Requirements for Probation and Pretrial:

1. All agencies established and operated under the authority of the CCCA and/or PSA must follow statutes, standards, regulations, and guidelines as prescribed by DCJS. This includes, but is not limited to, minimum standards, all guidelines issued by DCJS, and the Pretrial and Community Corrections Case Management System (PTCC).

3/10/2016 9COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

1. Standard Operating Procedures (SOPs). Each agency is required to develop written standard operating procedures (SOPs). At a minimum, each agency is required to:

 Have SOPs which address and comply with all current statutes, regulations, standards, guidelines, protocols, and policies;  Have the SOPs approved in writing by the chief executive officer of the Administrative and Fiscal Agent; and  Review the SOPs according to the approved minimum standards.

1. CC The length of supervision should not exceed the amount of time necessary for the probationer to complete all measurable standard and special conditions of supervision. For example, if a probationer is sentenced to complete 40 hours of community service work, the length of supervision shall not exceed the amount of time that probationer takes to complete the 40 hours. If no measurable conditions apply, the length of supervision should not exceed the established period of time set forth in supervision standards and guidelines. The generally accepted maximum time under supervision has been an average of six (6) months for misdemeanants and twelve (12) months for felons. Supervision longer than 12 months is not appropriate with these funds. Completion of payment of restitution or supervision fees is not considered an appropriate measurable standard, as restitution collection is not a mandatory function or duty of local community-based probation agencies.

1. CC Substance abuse treatment recommendations should be based on the results of a validated substance abuse assessment. Interventions should be supported by assessment results, be least restrictive, and determined to be effective by research.

1. CC Long-term residential treatment and long-term residential placements (i.e. 28 days or more) are not an appropriate use of these state funds and not a substitute for supervision.

1. CC In accordance with § 9.1-182 of the Code of Virginia, a statewide system of supervision and intervention fees to be paid by probationers has been established in Guideline #1. No supervision or intervention fees are to be collected from probationers by agencies without prior DCJS approval. Any operating procedure developed or modified locally must be submitted to DCJS for review and approval prior to implementation.

Fees include, but are not limited to, any payment for supervision, drug testing, or intervention or program service participation charged by the supervising agency.

1. CC The responsibility for the collection and reporting of fines, costs, and restitution lies with the clerks of circuit and district courts and the attorney for the Commonwealth, as outlined in §§ 19.2-305.1, 19.2-348, 19.2-349, 19.2-354, and 19.2-358 of the Code of Virginia. Agencies that monitor or facilitate the payment of restitution as an optional duty, may not accept direct payment (in the name of the agency, agency staff, or directly related entity) for any such obligations. Supervision may not be extended solely to collect restitution unless ordered by the court as a condition of probation supervision.

1. Supervision may be transferred between local agencies established and operated under the authority of the CCCA or PSA only as established in Guideline #3.
2. The PTCC case management system must be fully utilized. Full utilization includes the use of all modules and sub-modules AND all data elements as they apply to each defendant and probationer even if they are not underlined. PTCC must be the primary data source for defendant and probationer records management information and case management activities. If there are any questions or issues, send an email to the PTCC Help Desk ptcchelp@dcjs.virginia.gov. 3/10/2016

10 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding 10. PT Pretrial services agencies may assist adult specialty courts or dockets operating within their jurisdiction with the assessment and supervision of pretrial defendants. 11. PT All pretrial services agencies must conduct a risk assessment using the Virginia Pretrial Risk Assessment Instrument (VPRAI) as part of the pretrial investigation as identified in the VPRAI manual. 12. CC All local probation agencies must conduct a risk and needs screening using the Modified Offender Screening Tool (MOST) and, if indicated, an assessment using the Offender Screening Tool (OST) on all probationers placed on supervision. The results of the assessment must be used to inform supervision and services for probationers. 15. PT Pretrial services may not be provided by private organizations with the exception of those that were doing so on or before July 1, 1995. Service providers must be a local unit of government and have criminal justice agency status as defined by §9.1-101 of the Code of Virginia. 16. PT The collection of intervention and/or supervision fees, including fees for drug testing and confirmation, from pretrial defendants for pretrial supervision is prohibited. 17. PT Pretrial services agencies funded with state funds shall not accept referrals specifically for: a. the purpose of evaluating a defendant’s performance on supervision or treatment, b. an extended period of time for an assessment, evaluation or community service hours, c. a specified period of pretrial supervision established by court order, d. any period of supervision following trial as a condition of any case taken under advisement, deferred judgment, or a deferred proceeding where the court does not make a finding of guilt (commonly referred to as “pretrial diversion”), e. where there is a an “accord and satisfaction” agreement, or f. defendants appealing their conviction or sentence in circuit court

Note: This does not include the court extending the period of supervision for a defendant already under supervision through the pre-sentence investigation period in lieu of bail revocation. 18. PT Pretrial services agencies must not recommend defendants for supervised release with a secure bond.

19. PT Except for defendants charged with an offense that is punishable by death, defendants screened out in accordance with DCJS policies, and risk assessment requirements, no pretrial services agency shall withhold investigation of or recommendations for defendants based on the nature of the charge or deny supervision to any pretrial defendant placed by any judicial officer.

20. CC Probation agencies funded with state funds shall not accept placements specifically for:

a.

Cases with a deferred prosecution which are deferred prior to a trial/preliminary hearing or deferred dispositions that have not had a disposition hearing in court (sometimes referred to as “taken under advisement” or TUA), b. Traffic infractions, c.

Cases sentenced to community services in lieu of fines/costs, or d. Cases solely for the collection of restitution, fines, and costs or fees.

21. All agencies established and operated under the authority of the CCCA and/or PSA agree to participate in initiatives endorsed by DCJS that are designed to advance the field.

22. All agencies must have a signed Memorandum of Understanding (MOU) for the Pretrial and Community Corrections Case Management System (PTCC) between the administrative agent and DCJS. 3/10/2016

11

Comprehensive Community Corrections Act & Pretrial Services Act

Local Community-based Probation and Pretrial Services Grant Application Guide for FY 2017 & 2018 Continuation Funding

Virginia Department of Criminal Justice Services 1100 Bank Street, Richmond, VA 23219

March 2016 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

INTRODUCTION

The Department of Criminal Justice Services (DCJS) administers general appropriation funds designated for the purpose of supporting the Comprehensive Community Corrections Act for Local-Responsible Offenders (CCCA) and the Pretrial Services Act (PSA) as grants to local units of government. Applications for continuation funding for Fiscal Years 2017 & 2018 are currently being solicited.

Authority & Purpose

This grant is intended specifically to support local probation and pretrial services agencies established under the authority of the CCCA, as specified in §§9.1-173 et seq. of the Code of Virginia, or the PSA as specified in §§19.2-152.2 et seq. of the Code of Virginia. Sentencing to local community-based probation authorized by the CCCA is to be done in accordance with §19.2-303.3 and statutes authorizing deferred proceedings of the Code of Virginia.

Funds are for continuing, improving, expanding existing agencies/services, and developing new, research-based, or evidence-based practices.

Eligibility Requirements

Only counties or cities receiving CCCA and PSA funds are eligible. Multi-jurisdictional efforts require one locality to submit and serve as Administrative/Fiscal Agent. Private nonprofits may get funds via contracts; pretrial services by private orgs are only allowed if pre-1995.

The County or City Manager must serve as Project Administrator.

For multi-jurisdictional efforts, the Administrative/Fiscal Agent's County or City Manager must serve as Project Administrator. The applicant must ensure funds comply with grant and procurement rules.

Applicants must have a CCJB to advise the local governing body on criminal justice issues, as specified in §9.1-178 et seq.

Funding

Restrictions: CCCA/PSA grant recipients may not use these grant funds to:

1. Supplant or replace local funds supporting agency functions or supervision of defendants and probationers.
2. Supplant or replace in whole or part other state funds supporting functions that may be associated with the administration or operation of these agencies and/or the supervision of defendants and probationers. This includes, but is not limited to, functions of the County or City Treasurer’s office supported by the state and functions of the Clerk of the Court (i.e., collection of restitution).
3. Pay for any staff not designated for CCCA or PSA operations (these grant funds must only pay for the portion of salary for the time dedicated to CCCA and/or PSA programming and operations).
4. Pay for capital construction, renovation, remodeling, or land acquisition.
5. Pay for any vehicles.
6. Pay for firearms, ammunition, or related equipment. 3/10/2016

2 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

1. Pay for clothing and/or uniforms.
2. Pay for lobbying, political contributions, honoraria, overtime or bonuses.
3. Pay for personal entertainment, personal calls, or alcohol.

Applicants must adhere to grant expenditure requirements and restrictions.

No matching funds are required, but cash and in-kind support must be shown in the budget and narrative.

Supervision/intervention fees follow the same terms as state funds, with two exceptions:

1. Fees collected may be used to supplant local funds contributing to the grant, and
2. Unspent or unexpended fees collected in one fiscal year must be rolled over from year to year into the CCCA/PSA budget and be used solely for the CCCA/PSA agency operations.

Indirect Costs: Indirect costs are defined as fees charged against the grant for the local government's administration of the funds. Included in this are any administrative personnel and operational costs incurred by the locality that cannot be attributed directly to a given project. If the locality determines that charging indirect costs against the grant program is necessary the following conditions apply:

1. Indirect costs cannot exceed 1% of the total state funded grant award.
2. Charging indirect costs must not violate non-supplanting requirements.
3. Charging indirect costs reduces funds for supervision, treatment, personnel, and agency expenses.

Amount Available/Funding Limitations

The base appropriation is expected to be level funding. Do not apply for more than this amount; significant budget changes must be justified.

Grantees will be notified of necessary actions if state funding changes due to General Assembly or Governor actions.

Grant Period

Funding is for two one-year periods: July 1, 2016–June 30, 2017 and July 1, 2017–June 30, 2018. Separate budgets and forms are required for each year.

How to Apply

Applicants must follow all specifications for funding consideration:

1. The complete DCJS Grant Application must be received by 5:00 p.m. on April 22, 2016. Applications received after the deadline will not be considered. Applications must be e-mailed to: CCCAPSA@dcjs.virginia.gov

Please put the name of your locality and your grant number in the subject line of the email. You will receive an automated reply once you email your grant. Early submissions are appreciated. 3/10/2016

3 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

1. Applications must be complete, adhere to page limits, use provided forms, and be submitted as one PDF named with locality and grant number, in order: FY2017 Face Sheet, Project Description, Staff Form, Itemized Budget FY2017, Budget Narrative FY2017, FY2018 Face Sheet, Itemized Budget FY2018, Budget Narrative FY2018.

1. The Project Administrator or authorized designee must be listed on the grant face sheet.
2. Only one grant application per applicant jurisdiction will be accepted for CCCA and PSA funding.
3. Faxed applications will not be accepted.
4. Number all pages.

Review Process

DCJS reviews application quality, past performance, project progress, adherence to guidelines, and current reporting during review.

Applicants will be notified of significant proposal reductions and can provide additional info for review committee or CJSB subcommittee.

Eligibility for continuation funding depends on project performance, funds availability, and compliance with grant financial and progress reporting. No recipient is eligible if reports are over 30 days overdue unless waived in writing by DCJS for good cause.

Note: Although budgets for FY2017 and FY2018 will be approved, grantees will have an opportunity to modify the second-year budget as needed. In the event that the appropriation by the General Assembly changes for the second year of the biennium necessitating changes in individual grant awards, DCJS will notify grantees of the change at the earliest opportunity.

Technical Assistance

For general grant application assistance, please contact your grant manager:  Paula Harpster at (804) 786-1140 or paula.harpster@dcjs.virginia.gov  Ken Rose at (804) 225-4329 or kenneth.rose@dcjs.virginia.gov  Donna Shiflett at (804) 225-4127 or donna.shiflett@dcjs.virginia.gov 3/10/2016

4 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

INSTRUCTIONS FOR COMPLETING THE GRANT APPLICATION

Complete the Application Face Sheet by listing the grant program—CCCA and PSA are prefilled.

Congressional Districts – Leave blank.

Provide the name of the City or County (Administrative and Fiscal Agent) applying for the grant; do not list the local agency.

Indicate if the applicant is a faith-based organization; “No” is checked.

Provide the Federal Identification Number for the Administrative and Fiscal Agent, not the jail or agency.

Best Practice – Leave blank.

List all Localities (counties and cities) served.

Check the appropriate category: Community Corrections, Pretrial Services, or both.

Is your locality a DCJS-certified crime prevention community? (click link to see list).

Provide the grant period for each year: July 1, 2016 – June 30, 2017; July 1, 2017 – June 30, 2018.

Provide the DUNS number, a unique nine-character ID from Dun and Bradstreet. If unavailable, visit http://fedgov.dnb.com/webform.

Type of Application –”Continuation” is checked.

Check all that apply: Rural, Urban, or Suburban.

Provide zip+4, email, fax, and phone for Project Director, Administrator, and Finance Officer.

The Project Director is the daily DCJS contact for CCCA and PSA operations.

Attach additional contacts on a separate page if needed.

The Project Administrator is the County Administrator or City Manager overseeing grant management.

The Finance Officer manages fiscal matters at the local level.

Provide a 2–3 sentence description of the proposed project.

Summarize the requested state funds by category (Personnel, Supplies, Other) and funding type (Pretrial, Probation) on the face sheet. Total all categories; include local funds and fees only on the bottom line. Round to nearest dollar.

5 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding Project Description

Provide a brief abstract of the project, including any relevant performance data or agency evaluation procedures used that demonstrates that the agency’s activities, policies and practices contribute to the reduction of recidivism for probation and the reduction of misconduct (FTA or new arrest) for pretrial services. Address the following elements for both probation and pretrial services in the Project Description (4 page maximum):

Project summary must include:

1. Type of services and activities, including mandated services,
2. Actual operations,
3. Duties and responsibilities,
4. Activities implementing and using evidence-based practices, and
5. Optional services.

Provide a summary of agency probation activities including:

1. Number of FY2015 probation placements that are technical violators,
2. FY2015 probation placements (July 1-Dec 30, 2015) with suspended sentences,
3. FY2015 probation placements (July 1-Dec 30, 2015) without suspended sentences,
4. Risk distribution of FY2015 probation placements (July-Dec 2015),
5. Steps taken to apply risk-informed supervision, if any,
6. The distribution of needs indentified by the assessment instrument (OST) from FY2015. Indicate if appropriate interventions or services to address the needs identified by the assessment instrument (OST) are available (in-house, at a CSB, and/or other service providers) or not.

Summarize agency pretrial activities, including defendant risk distributions from July 1, 2015 to December 30, 2015, by the following:

1. Defendants on pretrial supervision by risk level,
2. Defendants investigated with completed VPRAI by risk level,
3. Pretrial defendants by bond type (recognizance/unsecured, secured).

Community Criminal Justice Board (CCJB) Information

Provide information related to your CCJB:

1. Send a list of all CCJB members via email to your grant manager by the due date, including:

• Name, title (if applicable), mailing address, email, phone, and fax of each member
• CCJB position of each member if not clear from title (e.g., JDR judge, Police, Jail)
• Identify CCJB chair and vice-chair if applicable,
• Staff name, title, and email to CCJB,
• Criminal justice planner's name, title, and email, if applicable.

1. CCJB meeting frequency and quorum count during last grant period (by 3/10/2016).

6 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

1. A list and brief description of CCJB's major activities and accomplishments.
2. List barriers experienced by your CCJB during the last grant period.
3. Respond to the following questions: a.

Does your CCJB conduct criminal justice planning for localities? b. Does it have a criminal justice planner? c.

Does your CCJB have current bylaws? d. Does it conduct new member orientation, retreats, or special meetings?

Project Budget Itemization and Narrative

The project budget is vital to the grant. Separate itemized forms and narratives are required for each Probation and Pretrial component annually. Justify all items and relate them to the project; unjustified items may be removed, reducing the award.

When completing budget forms and narrative, remember:

State funding must match totals on the Application Face Sheet. Shared staff, services, space, or supplies should be proportionally split and identified. Include all supporting funds in the budget and narrative, rounding to the nearest dollar. DCJS-specific funds (e.g., PTCC, training) must be specified.

1. Personnel/Employees applies to all local employees supported by funds (state, federal, or local) for this project.

a.

Salaries: List each position by title on the itemized budget form (and name of employee, if available). Show the total annual salary rate for the employee (regardless of funding source), the number of annual hours to be devoted to CCCA/PSA grant activities and if the employee is full time or part time.

Interns or volunteers cannot fill professional investigation, case management, or supervision positions. Only qualified individuals may hold these roles.

Describe positions and functions in the narrative, noting if split between probation, pretrial, or other projects. Identify staff responsible for investigation or supervision.

The workload must justify creating or maintaining full-time positions. State General Funds may be utilized for the provision of activities consistent with the Code of Virginia and any standards, guidelines and implementation or policy memorandums issued by DCJS. DCJS may not fund case management supervision staff (or functional equivalent)-to-probationer/defendant average ratios of less than 1:60 for local community-based probation, or less than 1:40 for pretrial services. This does not preclude smaller 3/10/2016

7 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding jurisdictions with lower populations from state funding. Staff requests should be in proportion to the population served. Management and support staff should be in direct proportion to probationer supervision staff and should be well justified. As always, DCJS encourages administrative efficiencies with state funding. Every effort should be made to coordinate supervision among the various system components so as to promote efficiencies at the local level.

b. Employee Benefits: List benefit types and total allowable costs; specify percentage if applicable.

1. Consultants

a.

Reimbursements for fee-based services: list each consultant/service, daily fee, and time. For organizations, specify services and estimated costs. Justify outside contracts that enhance effectiveness.

c.

Consultant Travel and Subsistence: This is generally not allowable for this grant program unless it is necessary, reasonable, and justified. These must be reasonable and adhere to the grantee’s established travel policy. High mileage should be explained and justified.

d. Describe each contracted service and provider.

e.

The number of defendants and/or probationers benefiting from each type of service.

f.

Total budgeted amount for each service and a per defendant/probationer/group cost.

g. Describe CSB services and costs, including free services. Explain use of non-CSB services.

h. For contracted services, attach current MOU or contract, or describe contract scope and provider selection process.

1. Itemize total travel expenses by local mileage, non-local, and subsistence. Follow state travel policy unless a local policy exists. Reimburse actual reasonable expenses. Mileage at federal rate ($0.54/mile as of 1/1/2016). Transportation at coach rates. Subsistence per diem. Justify travel relevance to duties.

1. Equipment includes purchases or leases of items like furniture, copiers, fax, telephones (excluding line service), PTCC wiring, and cell phones. List each item with cost. Justify relevance; unjustified items may be deleted.

CCCA and PSA budgets must include a line item under equipment for the PTCC network equipment and hardware replacement and repair for no less than 1% of the total state funding. For any new positions established, funds must 3/10/2016

8 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

be budgeted for computer equipment, software, licensing, and networking. All computer equipment, software, and networking must meet DCJS specifications, including the mandatory secure, 24/7 site-to-site Virtual Private Network (VPN) tunnel between the DCJS offsite central servers and the local server and be compatible with the Pretrial/Local Community-based Probation (PTCC) case management system. All office moves and connectivity changes require additional expenses both at the local project level and for DCJS, so all moves or changes should be planned for and budgeted in advance, if possible. DCJS requests one (1) month notice for any physical moves or connectivity changes.

DCJS requires that ALL staff have professional email and internet access with valid virus protection that is updated regularly and conforms to your local IT policies. Part of the PTCC 1% may be used for this purpose.

1. Itemize supplies and operating expenses by type with basis for computation (e.g., dollars per month or person). Office rent must be reasonable and consistent with local rates. Includes, but not limited to:

 Rent  Training  Utilities  Vendor maintenance contracts/agreements  Telephone services  On-site drug testing and lab confirmations  Internet access/internet provider contracts  Postage  Cellular phone services  Special printing projects  Office supplies (including printing expenses -do not separate)

1. Indirect costs are necessary for organization operation and project performance, including fiscal admin, accounting, payroll, financial reporting, and auditing. Specifications apply to this budget portion.

 Per the Code of Virginia (§9.1-183), indirect costs are limited to 1% of the total grant state funded award.  Localities may not charge the grant for indirect costs if it would violate non-supplanting rules.

1. Cash Funds from Sources Other than Grant Funds Supporting this Project Funds from sources other than this award, including supervision/intervention fees, project income, local or federal funds supporting the project must be included in the budget summary, on the itemized budget and the narrative budget. With the exception of supervision/intervention fees, funds shown in this item are not governed by the terms, conditions, and assurances which apply to the grant award. Local funds and fees must be included on the Grant Application Face Sheet under the appropriate column (“Local Probation” or “Pretrial Services”). The “Local Match” column should be left blank on the Application Face Sheet. NOTE: DCJS is periodically asked how much local support these programs receive. In order for us to accurately respond, agencies must provide information about their complete budget, including cash and in-kind support.

Project Guidance and Operating Requirements for Probation and Pretrial:

1. Agencies under CCCA and/or PSA must follow statutes, standards, regulations, guidelines by DCJS, including minimum standards, DCJS guidelines, and PTCC.

3/10/2016 9COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding

1. Each agency must develop written SOPs. At minimum, each agency must:

 Have SOPs which address and comply with all current statutes, regulations, standards, guidelines, protocols, and policies;  Have the SOPs approved in writing by the chief executive officer of the Administrative and Fiscal Agent; and  Review the SOPs according to the approved minimum standards.

1. Supervision length must not exceed time needed to complete all measurable conditions. For example, supervision ends after completing community service hours. If no measurable conditions, follow standards. Max supervision is 6 months for misdemeanants, 12 months for felons. Supervision over 12 months is inappropriate. Restitution or fees are not valid measurable standards.

1. CC Substance abuse treatment recommendations should be based on the results of a validated substance abuse assessment. Interventions should be supported by assessment results, be least restrictive, and determined to be effective by research.

1. Long-term residential treatment (28+ days) is not appropriate use of these funds and not a substitute for supervision.

1. Per § 9.1-182 of Virginia Code, a statewide supervision and intervention fee system exists. Agencies cannot collect fees without prior DCJS approval. Local procedures must be submitted for review before implementation.

Fees include payments for supervision, drug testing, intervention, or program services charged by the supervising agency.

1. Fines, costs, and restitution collection/reporting are the court and Commonwealth's responsibility per §§ 19.2-305.1, 19.2-348, 19.2-349, 19.2-354, 19.2-358. Agencies cannot accept direct restitution payments. Supervision cannot be extended solely for restitution collection unless court-ordered.

1. Supervision transfers between CCCA or PSA agencies only as per Guideline #3.
2. PTCC must be fully used, including all modules, sub-modules, and data elements for each defendant and probationer. It is the primary data source. For questions, email ptcchelp@dcjs.virginia.gov.

10 COMMUNITY-BASED PROBATION AND PRETRIAL SERVICES Grant Application Guide for FY 2017 & 2018 Funding 10. PT Pretrial services agencies may assist adult specialty courts or dockets operating within their jurisdiction with the assessment and supervision of pretrial defendants. 11. PT All pretrial services agencies must conduct a risk assessment using the Virginia Pretrial Risk Assessment Instrument (VPRAI) as part of the pretrial investigation as identified in the VPRAI manual. 12. CC All local probation agencies must conduct a risk and needs screening using the Modified Offender Screening Tool (MOST) and, if indicated, an assessment using the Offender Screening Tool (OST) on all probationers placed on supervision. The results of the assessment must be used to inform supervision and services for probationers. 15. PT Pretrial services may not be provided by private organizations with the exception of those that were doing so on or before July 1, 1995. Service providers must be a local unit of government and have criminal justice agency status as defined by §9.1-101 of the Code of Virginia. 16. PT The collection of intervention and/or supervision fees, including fees for drug testing and confirmation, from pretrial defendants for pretrial supervision is prohibited. 17. PT Pretrial services agencies funded with state funds shall not accept referrals specifically for: a. the purpose of evaluating a defendant’s performance on supervision or treatment, b. an extended period of time for an assessment, evaluation or community service hours, c. a specified period of pretrial supervision established by court order, d. any period of supervision following trial as a condition of any case taken under advisement, deferred judgment, or a deferred proceeding where the court does not make a finding of guilt (commonly referred to as “pretrial diversion”), e. where there is a an “accord and satisfaction” agreement, or f. defendants appealing their conviction or sentence in circuit court

Note: This excludes court-extended supervision during pre-sentence investigation instead of bail revocation. 18. PT Agencies must not recommend defendants for supervised release with a secure bond.

19. PT Except for death penalty cases, screened-out defendants per DCJS policies, and risk assessment requirements, agencies shall not withhold investigation or recommendations based on charge nature or deny supervision to any pretrial defendant placed by judicial officers.

20. CC probation agencies with state funds shall not accept placements for:

a.

Cases with a deferred prosecution which are deferred prior to a trial/preliminary hearing or deferred dispositions that have not had a disposition hearing in court (sometimes referred to as “taken under advisement” or TUA), b. Traffic infractions, c.

Cases sentenced to community service instead of fines/costs, or d. Cases solely for collecting restitution, fines, costs, or fees.

21. All agencies under CCCA and/or PSA authority agree to participate in DCJS-endorsed initiatives to advance the field.

22. All agencies must have a signed MOU for PTCC between the administrative agent and DCJS. 3/10/2016

11

CASA/CJA Advisory Committee Guidance Policies for Court Appointed Special Advocate Programs

Virginia Department of Criminal Justice Services Office of Program Administration 1100 Bank Street Richmond Virginia 23219 804-786-6428The following guidance documents were developed and approved by the Court Appointed Special Advocate/Children’s Justice Act (CASA/CJA) Advisory Committee. The CASA/CJA Advisory Committee advises the Department of Criminal Justice Services and its Board on matters related to the CASA program. The Guidance Policies are not binding on local CASA programs but, rather, are intended as guidance on topics that are not articulated in the Code or regulations. Local programs are encouraged to consult with their attorneys if they have questions about interpretation or application of the Virginia Code. 2 | P a g e I. Appropriate Roles and Activities for CASA Volunteers

The Code of Virginia states the following regarding the duties to Court Appointed Special Advocates who have been appointed to a case:

§ 9.1-153. Volunteer court-appointed special advocates; powers and duties; assignment; qualifications; training.

A. Services in each local court-appointed special advocate program shall be provided by volunteer court-appointed special advocates, hereinafter referred to as advocates. The advocate's duties shall include:

1. Investigating the case to which he is assigned to provide independent factual information to the court.
2. Submitting to the court of a written report of his investigation in compliance with the provisions of § 16.1-274. The report may, upon request of the court, include recommendations as to the child's welfare.
3. Monitoring the case to which he is assigned to ensure compliance with the court's orders.
4. Assisting any appointed guardian ad litem to represent the child in providing effective representation of the child's needs and best interests.
5. Reporting a suspected abused or neglected child pursuant to § 63.1-248.3.

CASA volunteer case activities should be linked to one of the five codified duties described above. If the activity is not directly related to performing one of these duties, the volunteer should not engage in the activity. Examples of inappropriate activities include:

• taking the child shopping;
• arranging for outings to events such as the circus or ballgames;
• giving gifts to the child or family (beyond what has been authorized by the CASA Program); and
• providing for basic needs of the family.

CASA volunteers are not assigned as mentors and should not function as such.

If a child needs a mentor, this should be included in the recommendations section of the CASA report.

Further, CASA volunteers should not engage in providing direct services to children or families. The regulations state: 6VAC20-160-80(B) CASA volunteers should not become inappropriately involved in the case by providing direct service delivery to any parties that could (i) lead to conflict of interest or liability or (ii) cause a child or family to become dependent on the CASA volunteer for services that should be provided by other agencies or organizations. 3 | P a g e Examples of direct services include:

• providing supervised visitation;
• conducting home studies;
• providing tutorial services; and
• providing transportation to appointments.

In accordance with 6VAC20-160-40, each local CASA program shall have policies and procedures that direct the activities of CASA volunteers and provide for effective volunteer supervision to minimize potential risk management concerns. Programs are required to adhere to the sections of the Virginia Code, state regulations, and local program policies that govern CASA volunteer activities, responsibilities and roles.

Reviewed and Approved November 2, 2017 4 | P a g e II. The Use of CASA Volunteers in Circuit Court

CASES ON APPEAL FROM THE JUVENILE & DOMESTIC RELATIONS

DISTRICT COURT

When cases are appealed to the Circuit Court from the Juvenile and Domestic Relations District Court and CASA has been appointed in the Juvenile Court proceedings, CASA volunteers may be re-appointed by the Circuit Court. CASA programs cannot accept the case unless a formal appointment has been made with a new court order that is signed by the Circuit Court judge.

CASES THAT ORIGINATE IN CIRCUIT COURT

Unless it is a juvenile court case on appeal, a Circuit Court order of appointment is not valid because the Code does not give a Circuit Court judge authority to appoint CASA volunteers except on cases that have been appealed from the Juvenile and Domestic Relations District Court. Circuit court judges are granted all powers and authority of the juvenile and domestic relations district court in cases of appeal [§16.1-296(I)].

Reviewed and Approved November 2, 2017 5 | P a g e III. Confidentiality and Information Sharing

1. CASA volunteers have access to records and information related to the child upon presentation of a valid court order of appointment. Va. Code §9.1-156(A).

1. CASA volunteers may share with the Guardian ad litem information gathered on the child. Va. Code § 9.1-153 (A)(4).

1. In order to have access to any records or information related to a child’s parent or guardian or any other individual, the CASA volunteer must obtain an authorization for the release of information signed by that parent or guardian or other individual. Further, if the CASA volunteer intends to share that information outside of the official court report, the release of information form must specifically state with whom this information may be shared. Authorizations for the disclosure of health records and information, including mental health records, must comply with the provisions of 45 C.F.R. § 164.508, under the Health Insurance Portability and Accountability Act (“HIPAA”).

1. CASA programs are encouraged to obtain release of information forms to allow for the sharing of information with the Department of Social Services. A sample release of information form is distributed with this guidance policy.

Programs are also advised to address specific needs of local agencies related to information sharing as they arise.

1. Programs are advised to not disclose documents and records obtained during the investigation except as provided in paragraph #2 and #3 above.

1. CASA programs must adhere to the Code when distributing CASA Court Reports. The Code of Virginia states the following regarding the distribution of CASA Reports: § 16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees.

A. Whenever any court directs an investigation pursuant to subsection A of § 16.1-237, § 16.1-273, or § 9.1-153, or an evaluation pursuant to § 16.1-278.5, the probation officer, court-appointed special advocate, or other agency conducting such investigation shall file such report with the clerk of the court directing the investigation. The clerk shall furnish a copy of such report to all attorneys representing parties in the matter before the court no later than seventy-two hours, and in cases of child custody, 15 days, prior to the time set by the court for hearing the matter. If such probation officer or other agency discovers additional information or a change in circumstance after the filing of the report, an amended report shall be filed forthwith and a copy sent to each person who received a copy of the original report. Whenever such a report is not filed or 6 | P a g e an amended report is filed, the court shall grant such continuance of the proceedings as justice requires. All attorneys receiving such report or amended report shall return such to the clerk upon the conclusion of the hearing and shall not make copies of such report or amended report or any portion thereof.

However, the chief judge of each juvenile and domestic relations district court may provide for an alternative means of copying and distributing reports or amended reports filed pursuant to § 9.1-153.

This particular Code section allows the chief judge to provide for an alternate means of distribution of court reports. If a CASA program is going to engage in an alternate means of distribution of CASA reports, CASA programs should obtain approval for this distribution policy in writing from the Chief Judge of the Juvenile and Domestic Relations District Court. Further, as this subsection of the Code indicates, copies of the reports can only be distributed to attorneys and any alternative distribution plan should be inclusive of all parties involved in the case.

Reviewed and Approved November 2, 2017 7 | P a g e Colonial Court Appointed Special Advocate Program Williamsburg/James City County 1311 Jamestown Road, Suite 201 • Williamsburg, Virginia 23185 Phone(757) 229-3306 • Fax(757) 229-3972 Email: info@colonialcasa.org

Consent to the Release of confidential Information

1. INDIVIDUAL CONFIRMING THE AUTHORIZATION

Full Legal Name Social Security # Date of Birth

2. THE USE AND/OR DISCLOSURE AUTHORIZED

I authorize Colonial CASA/Volunteer’s Name

to use, disclose, and/or exchange my protected information received from any state or local agency, department, authority or institution, school, physician, public or private mental health provider, hospital, current and/or previous employer, Colonial Services Board, and court-referred programs and services. I understand that this disclosure may be verbal and/or written. I give this authorization voluntarily.

Purpose for disclosures and/or exchanges: To assist in preparing court reports and monitoring the Court Order.

In order to assist the CASA volunteer in his/her work with other agencies that may be involved with me, and to assist the Court in making decisions regarding my child’s case, I authorize the CASA volunteer and/or Colonial CASA to re-disclose this information to:

the Court the G.A.L. for my child(ren) Dept. of Social Services my

attorney

Other:

I also authorize the CASA volunteer and Colonial CASA to release to the persons, providers, and agencies, which I have identified above, information known to the CASA volunteer about me and/or my family, which the CASA volunteer and/or Colonial CASA decides will help these persons, providers, and agencies in providing services to me and my family.

I understand that my records are protected under federal and state confidentiality laws and regulations and cannot be disclosed without my written consent unless otherwise stated in the laws and regulations.

3. ENDING AUTHORIZATION AND/OR CHANGING YOUR MIND ABOUT THIS INFORMATION

I further acknowledge that the information to be released was fully explained to me and that this consent is given of my own free will. This consent includes information to be placed on my records after

8 | P a g eexecution of this release form as well as past and current records obtained by the CASA volunteer. I also understand that I have the right to revoke this consent at any time, but that my revocation is not effective until delivered in writing to the person who is in possession of my records. The revocation would not include records or information previously disclosed. If not previously revoked, it is my understanding that this consent will expire one year from the date of signing. ____________________________________ ____________________________________

Signature

Date

Witness

Date

____________________________________ ____________________________________

Print Name

Print Name of Witness

____________________________________ ____________________________________

Signature of Parent/Guardian (in case of minor) Print Name of Parent/Guardian (in case of minor) 9 | P a g e IV. Request for Home Visits for Other States

Background

CASA programs throughout Virginia are sometimes asked to provide home visits (courtesy home visits) and case related assistance to children who are placed in Virginia from other states for out of state programs.

Guidance

CASA staff and volunteers have no authority to investigate any matter other than those that have been assigned by a Virginia court of competent jurisdiction.

Accordingly, CASA Programs in Virginia are advised to decline requests for courtesy home visits. Procedures under the Interstate Compact for the Placement of Children (ICPC), administered by the Virginia Department of Social Services, govern accessing such a service. Further, CASA staff and volunteers in Virginia cannot operate in an official capacity in any matter without a valid court order. A court order from another state will not suffice as a valid court order for CASA appointment. There is considerable concern for the liability of CASA programs, volunteers and staff when engaging in the practice of providing such visits.

Resources

The Commissioner of the Virginia Department of Social Services, through the Division of Family Services, is responsible for approving and monitoring interstate placements of children. For further information about a specific state's procedures, requirements, interpretations and ICPC applications, e-mail vaicpcoffice@dss.virginia.gov or call 804-726-7581 or 804-726-7582.

Reviewed and Approved November 2, 2017 10 | P a g e V. The Use of CASA Volunteers in Custody Related Cases

The use of CASA volunteers in Juvenile and Domestic Relations District Court custody cases is an acceptable practice if there are allegations of abuse and neglect. CASA programs are encouraged to only accept appointments to custody cases if a Guardian ad litem has also been appointed. Local programs should ensure that all cases will comply with the Code of Virginia, Section 9.1-151 (A) which states “The Program shall provide services in accordance with this article to children who are subjects of judicial proceedings involving allegations that the child is abused, neglected, in need of services or in need of supervision, and for whom the juvenile and domestic relations district court judge determines such services are appropriate.”

A case that involves allegations that the child is abused, neglected, in need of services or in need of supervision, may include one or more of the following:

1. There is a past valid complaint of abuse or neglect which identifies a primary caregiver of the child as the perpetrator.

1. There is a current complaint which has been referred to or is being investigated or undergoing a family assessment by the local Department of Social Services.

1. There is information presented during the court process which would indicate that the child may be abused or neglected, including emotional abuse.

1. The child appears to be in need of services or supervision which are not currently being provided.

Local Programs are encouraged to develop written policies and protocols in consultation with the Juvenile and Domestic Relations District Court Judge(s) on the acceptance of CASA appointments to custody related cases. These policies and protocols should address the following issues:

1. Criteria the program will use to define what constitutes an “allegation of abuse or neglect”.

1. As identified in the Rules and Regulations governing CASA programs, policies should be in place which articulate the priority of acceptance of cases assigned to CASA volunteers.

Finally, local CASA programs must remain cognizant of funding sources which will not fund activities which are not related to abuse and neglect cases (i.e.

Victims of Crime Act funding will only fund cases when the child is identified as a victim of child abuse or neglect). 11 | P a g e For VOCA funding eligibility, funds must be used for direct services to victims of child abuse and neglect. Examples of eligible victim groups are:

• Children who have been identified by local departments of social services as victims of child abuse and neglect.

• Children who have been referred to local departments of social services as possible victims of child abuse and neglect if the referral results in an investigation or family assessment (must be determined a valid complaint).

• Children identified by the court as a victim of abuse or neglect.

Programs must evaluate the numbers of children served and the ability of the program to fund such services.

Reviewed and Approved November 2, 2017 12 | P a g e VI. Managing Staff Vacancies in CASA Programs

The regulations require that programs provide one full time equivalent supervisor for every 30 volunteers actively assigned to cases. When a vacancy occurs in a program, particularly if it is sudden, this can be problematic for local programs.

The following suggestions are offered to serve as a guide for local programs to manage this transition effectively and to maintain compliance with the regulations.

• In programs where there is only one staff person, the local program is encouraged to adopt a policy that requires a minimum of 30 days’ notice before a resignation or retirement.
• Local programs are encouraged to establish procedures that will allow for an efficient and timely hiring process.
• If there is a vacancy and the hiring process does not get completed prior to the staff member’s departure, the Executive Committee of the operating Board of Directors should consider the following:

1. Notify DCJS immediately of any pending staffing changes.
2. If existing staff is insufficient to accommodate the need, cease to accept any new referrals.
3. Explore the potential of recruiting an experienced volunteer who could manage a portion of the supervisory responsibilities during the interim.
4. Meet with the judge to discuss the status of the program, particularly the timeline for hiring a new staff member.
5. If the program is structured under an umbrella agency, consider utilizing other staff members to serve on an interim basis.
6. Request technical assistance from DCJS to assist in the hiring and/or training of a new staff member.
7. Communicate with the volunteers on a regular basis and keep them informed of the program’s status and plans.

Reviewed and Approved November 2, 2017 13 | P a g e VII. Monitoring Cases after Case Closure

Many CASA programs are asked to provide monitoring services to assigned cases after the court closes the case. This presents several challenges. The following guidance is provided to programs that receive these requests.

• CASA programs should not accept monitoring appointments after the case is closed by the court and removed from the court’s docket.

• If despite the above the court requires CASA volunteers continue monitoring cases, CASA programs are advised to develop policies with their courts that include keeping the case open for the duration of the monitoring assignment. Further, DSS and the GAL should also remain active on the case until the monitoring is completed. Monitoring orders shall include a case closure date in the future in the absence of new allegations or concerns.

Reviewed and Approved November 2, 2017 14 | P a g e VIII. The Role of CASA Volunteers When Termination of Parental Rights is Achieved

Permanency in the lives of the children that CASA programs serve is a primary goal. CASA programs seek to ensure that children have the opportunity to grow up in safe, permanent homes. Many CASA programs close cases once Termination of Parental Rights (TPR) is achieved, most often because of the need to assign volunteers to cases that are on a waiting list. Other programs strongly advocate that permanence is not achieved until the child’s adoption is complete. Questions arise, however, around what the role of the CASA volunteer is during the adoption phase. There is not a clear, “one size fits all” response for every case a CASA volunteer will be assigned to. Each case will be different. First and foremost, the CASA volunteer’s continued appointment is a judicial decision. Once the judge has determined that the CASA appointment will continue, the CASA program director will need to evaluate each case based on the unique needs and circumstances of that case. Programs should consider the following guidance as they continue to serve on cases beyond TPR.

• When children are placed in adoptive homes, care and consideration should be given to the developmental needs of the child and the impact of continued involvement of the CASA Volunteer. At a time when the focus is on bonding and attachment with adoptive parents, the presence of the CASA Volunteer may indicate to the child continued instability. As long as the CASA appointment continues, the volunteer would monitor the court’s orders for the child. However, the role of the CASA Volunteer with the adoptive parents needs to be clear, and it is not to “investigate or monitor” the adoptive parents’ home. Further, it is clearly the role of the Department of Social Services to identify and monitor adoptive placements.

• CASA Volunteers can assist in monitoring the filing of the Adoption Progress Reports, ensuring that they are properly completed every 6 months, and achieving the directives of the court.
• If it is in the child’s best interest, CASA volunteers should continue to visit the children they are assigned only as long as necessary to facilitate transition to permanency. Depending upon the developmental needs and circumstances of the child, it may be best to reduce the number of visits so that the adoptive parents can begin to establish stability and permanency for the child.

Reviewed and Approved November 2, 2017 15 | P a g e IX. The Use of Transportation in Local CASA Programs

CASA Programs are advised to adopt policies that do not allow volunteers to transport children in a vehicle and/or with any person related to the case under any circumstances. CASA programs that permit transportation may incur considerable liability and potential litigation costs that would divert resources from the advocacy work with children.

Reviewed and Approved November 2, 2017 16 | P a g e X. Continued Appointments of CASA Volunteers for Young Adults Age 18 – 21

Background

While the total number of children in foster care has been on the decline in Virginia recently, the number of young adults aging out of foster care has grown.

The term “aging out” is often used to refer to young adults within the foster care system who are still in the system upon reaching the age of eighteen to twenty-one. These young adults have not found permanency with an adoptive family or reunification with their birth family before aging out. Young adults aging out of the system face multiple challenges and their outcomes are poor. Research shows that, when compared with their peers, young people aging out of foster care are, on average:

less likely to have a high school diploma
less likely to be pursuing higher education
more likely to have experienced homelessness
less likely to be earning a living wage
more likely to have had a child without being married
more likely to become involved with the criminal justice system

Given these harsh realities, Virginia has dedicated significant resources to help eliminate or alleviate poor outcomes for this vulnerable population.

In 2010, the Virginia General Assembly enacted changes to allow youth in foster care to continue receiving independent living services until age 21 (Va. Code §63.2-905.1). This change in statute is one example of this support. Since then, localities have worked to encourage young adults to “opt in” and continue receiving support and services.

During the 2014 General Assembly Session, legislation was passed clarifying the ability of judges to continue the appointment of CASA volunteers on cases when a young adult opts to receive independent living services beyond age 18.

More significant, however, was the 2016 enactment by the General Assembly of the Fostering Futures1 program (2016 Appropriations Act, HB30, Item 346, subsection L), which allows foster children who age out of foster care to continue receiving certain foster care services if they qualify. To qualify, the young adult must be: (a) completing secondary education or an equivalent credential; or 1 CASA programs should note the Fostering Futures program bears the same name as the National CASA Association Training module designed to train CASA volunteers to advocate effectively with older youth. 17 | P a g e (b) enrolled in an institution that provides post-secondary or vocational education; or

(c) employed for at least 80 hours per month; or

(d) participating in a program or activity designed to promote employment or remove barriers to employment; or

(e) incapable of doing any of the activities described in subdivisions (a) through (d) due to a medical condition, which incapability is supported by regularly updated information in the program participant's case plan.

The Fostering Futures program is voluntary. If the young adult chooses to participate, an agreement is entered into by the young adult and the local department of social services that outlines the specific services to be provided the young adult. By participating in Fostering Futures, the young adult would have access to and benefit from the following:

• Ongoing caseworker support (including monthly visits and 6-month reviews)
• Funding support for any services or supports that would be deemed “foster care maintenance”. This would include housing.
• The ability to enter and leave the program at any point, any number of times during the age 18-21 window, as long as they still qualify.
• Appointed counsel and continued appointment of CASA, if the court retains jurisdiction.

As just noted, continuing the appointment of the CASA volunteer is a support available to young adults who remain under the jurisdiction of the court as they prepare for independence. Whereas there is a general philosophy that youth should not linger in foster care, if a youth turns 18 and has not been placed in a permanent home and family, the state recognizes that receiving continued services from 18 – 21 will be a benefit to their future.

The following is offered as guidance to local CASA programs when judges continue appointments of CASA in such instances.

Legal Considerations

When continuing appointments by the court on cases when young adults are age 18 – 21, CASA programs are advised to assure the following actions are taken:

• Appointments are made prior to the young adult’s 18th birthday if the young adult chooses to continue receiving independent living services.

Appointments under Fostering Futures occur at the initial court hearing 18 | P a g e approving the young adult’s agreement with the local department of social services.

• Appointments are continued only when the juvenile court judge schedules an annual review after the 18th birthday, so that court jurisdiction continues over the case.
• The CASA volunteer’s continued appointment only occurs with the young adult’s approval, as evidenced by their signature on the “Young Adult’s CASA Appointment Agreement” form.
• The CASA program secures a signed release of information from the young adult who has turned 18 years of age before accessing information on his/her behalf.
• The CASA volunteer will work in conjunction with the young adult’s court appointed attorney, if any.

CASA Volunteer Role CASA volunteers will continue to perform the same duties enumerated in the Code of Virginia in § 9.1-153, when a young adult turns 18. CASA volunteers must also follow the same rules, regulations, standards and policies regarding activities that are prohibited. As young adults transition to adulthood, CASA volunteers should be mindful of the following principles as they advocate for young people who are making preparations to emancipate from the foster care system.

1. Youth Driven Advocacy – As young people age, there should be a deliberate shift in the CASA volunteer’s focus to encourage youth led, youth driven advocacy. Preparation for adulthood should be the central goal for a CASA’s work with young adults and encompasses both developing skills for self-sufficiency and interdependency as well as establishing permanent connections. CASA volunteers should make certain that the young adult is leading the process and not other professionals. CASA volunteers will continue to carry out four primary activities on each case: assessment, facilitation, advocacy and monitoring.

The results of the assessment will be reported to the court along with outcomes of the court’s orders, if any have been issued. CASA volunteers will also assist the young adult in completing Independent Living Assessments and their incorporation into the case plan. The CASA volunteer must clearly explain his/her role to the young adult and empower the young person to lead his/her own advocacy efforts.

1. Facilitating Youth Driven Plans: For young children under the court’s protection, the focus is on achieving permanency in a home where adults will take care of children’s needs. However, for a young adult the goal shifts to creating permanence through the development of a network of caring, committed adults who will serve as long-term support for the youth.

Note - the CASA volunteer is not expected, required or encouraged to assume this role, but should support the young person as he/she identifies 19 | P a g e and builds this critical network. Of equal importance is the need to help the young person become self-sufficient through the development of confidence, self-advocacy skills and a sense of responsibility. The CASA volunteer will monitor and encourage youth engagement in the administration of Independent Living Assessments and their incorporation into the case plan.

1. Responsibilities of the CASA Volunteer: When working with a young adult, CASA volunteer responsibilities are largely the same. CASA volunteers will still review records, interview the young adult and other appropriate parties in the case, determine if a permanent plan has been created for the young adult and that services are provided as ordered by the court, submit court reports with recommendations at each court hearing, maintain complete records about the young adult and the case and return all case records to the CASA program when the case is closed.

However, since the young adult’s permanent plan is independence, the focus shifts to ensuring that resources and services are in place to prepare the young adult for successful independent living.

1. CASA Volunteer’s Relationship with the Young Adult: When advocating for a young adult, the CASA volunteer’s relationship will be different because the young adult will be actively involved and leading their case. The CASA volunteer will partner with the young adult as they learn to advocate for themselves. The expectations for contacts will remain the same as prescribed by the local program; however, if an increase in frequency of contacts is required due to the nature of the context of advocacy, this is to be agreed upon between the advocate and the young person.

1. Relationship Boundaries with Siblings and Families: If a CASA volunteer is assigned to a case involving siblings, one of whom is turning 18, the volunteer must be mindful of the distinction between the best interest analysis applied to the younger children and the youth driven strategy being employed for the young adult.

Best Practice Guidance CASA programs should consider the following Best Practice guidelines when working on cases involving young adults ages 18 – 21:

• Youth led advocacy – The young adult should be engaged in the creation and implementation of his/her plan. CASA volunteers should encourage the young adult to speak up for herself/himself.

• CASA volunteer duties remain the same - The basic CASA volunteer duties as identified in the Code of Virginia, DCJS regulations, and 20 | P a g e NCASAA standards will not change. Volunteers should continue to objectively identify and advocate for the young person’s needs.
• CASA volunteers do not provide services – Per the Virginia CASA Regulations (6VAC20-160-80(B), CASA volunteers should not engage in direct service delivery or the provision of assistance that should be provided by the Department of Social Services or other service providers.

• Key Functions – The key to success is to ensure that planning is continuous, collaborative, customized, focused, and that advocacy efforts are youth directed.

• Stability and Securing Permanency - CASA volunteers should work with the young adult and other system partners to ensure that key issues surrounding future stability, independence, and success are addressed.

These may include but are not limited to:

• Education
• Independent living skills
• Mental & physical health care – Medicaid coverage, insurance
• Housing
• Community resources
• Understanding rights and laws
• Employment
• Permanent connections
• Legal documents (birth certificate, social security card, driver’s license, etc.)

• Voluntary Agreement – Continued involvement of the CASA volunteer is subject to the young adult’s approval. The young adult should sign the agreement form annually. The form sets forth agreements and expectations of the CASA program/volunteer and the young adult.

• Information Release – Since the youth is legally an adult, CASA programs must ask the young adult to sign a release of information form to access personal information and records.

• CASA volunteers should: o Respect and honor the young person’s history and confidentiality. o Remember that although the focus has changed from “best interest” to “youth led planning,” the relationship is one of an advocate and is bound by the professional boundaries set forth in the CASA program guidelines. o Maintain professional boundaries with the young person at all times. 21 | P a g e
• A CASA volunteer may not: o Provide financial assistance to a young adult. o Guarantee a loan or otherwise legally obligate themselves to a young adult. o Allow a young adult to live with them. o Vacation with a young adult. o Socialize with a young adult. o Develop an intimate relationship with a young adult.

Training Working with young adults age 18 -21 requires specialized training for CASA volunteers. CASA programs whose appointments continue into young adulthood should expand and enhance training for staff and volunteers to include the following:

• NCASAA Fostering Futures Curriculum
• Specific training for CASA volunteers working with young adults (18-21) in addition to Fostering Futures Guidelines articulating CASA’s role in working with DSS and other system partners
• Information and an understanding of resources and funding sources available
• Information and an understanding of educational opportunities and resources available
• Training on the role of Independent Living service workers
• Working knowledge of VA DSS Child and Family Services Manual, E. Foster Care, Section 14 Achieving Permanency for Older Youth
• Any other training deemed relevant and applicable by the local CASA program Reviewed and Approved November 2, 2017 22 | P a g e XI. The Use of Social Media and Social Networking in CASA Programs

Purpose

Local CASA programs must develop clear communication guidelines for use of social networking and social media both inside and outside of the work environment. This policy is not intended to provide guidance on the use of social networking and social media as a tool for fund raising, volunteer recruitment or marketing or the use of social media in CASA investigations. Further, this policy does not provide guidance on the use of electronic communication such as email, texts and voice mail or internet based telecommunications.

Scope and Application

The policy is intended to provide guidance for acceptable communication when using social media and social networking as it relates to local CASA program employees, volunteers, and board members.

Social media and social networking include, but are not limited to, websites and all forms of online community activities such as social networks, message boards, blogs, conversation pages, web based apps and chat rooms.

Postings include, but are not limited to, content (includes text and photographs) an individual shares on a social media site or the act of publishing content on a site. This includes postings on official CASA program social networking sites or personal social networking sites.

No user shall have any expectation of privacy in any message, file, image or data created, sent, retrieved or posted utilizing social media regardless of privacy settings.

Policy

A) CASA employees, volunteers and board members are expected to conduct themselves in a manner that is consistent with all other requirements for ethical standards of conduct and professional behavior as determined by the CASA program’s policies and procedures. This includes all interactions in person and on social media.

B) Local CASA programs should develop policies ensuring compliance with this policy by staff members and volunteers.

Reviewed and Approved November 2, 2017 23 | P a g e Voluntary Agreement for Young Adults CASA Volunteer:

I understand that my role, should the youth decide to continue the appointment of CASA is to:

• promote youth led advocacy,
• ensure tasks are completed and that advocacy efforts are youth directed,
• promote stable and secure permanency with the youth,
• monitor the Court’s orders for compliance,
• submit reports to the court.

CASA Volunteer Name (Printed):

CASA Volunteer Signature:

Youth:

I understand if I continue the appointment of my CASA volunteer that:

• My CASA volunteer will work with my court appointed attorney, if any.
• I must sign a release of information to allow for the CASA program to access personal information and records.
• CASA services will terminate when I turn 22 years of age or at any point if I choose to voluntarily end my involvement in the program.

I understand if I choose not to continue the appointment of my CASA volunteer:

• CASA services will terminate when I turn 18 years of age

Other Agreements: Yes, I understand the above requirements for my CASA volunteer and me. I do WANT a Court Appointed Special Advocate (CASA) to continue to be appointed to my case.

No, I do NOT want a Court Appointed Special Advocate (CASA) to continue to be appointed to my case.

Youth Name (Printed):

Youth Signature:

DATE: 24 | P a g e

CASA/CJA Advisory Committee Guidance Policies for Court Appointed Special Advocate Programs

Virginia Department of Criminal Justice Services Office of Program Administration 1100 Bank Street Richmond Virginia 23219 804-786-6428The following guidance documents were developed and approved by the Court Appointed Special Advocate/Children’s Justice Act (CASA/CJA) Advisory Committee. The CASA/CJA Advisory Committee advises the Department of Criminal Justice Services and its Board on matters related to the CASA program. The Guidance Policies are not binding on local CASA programs but, rather, are intended as guidance on topics that are not articulated in the Code or regulations. Local programs are encouraged to consult with their attorneys if they have questions about interpretation or application of the Virginia Code. 2 | P a g e I. Appropriate Roles and Activities for CASA Volunteers

The Code of Virginia outlines duties for appointed Court Appointed Special Advocates:

§ 9.1-153. Volunteer court-appointed special advocates; powers and duties; assignment; qualifications; training.

A. Services in each local CASA program shall be provided by volunteer advocates, whose duties include:

1. Investigate the assigned case to provide independent factual information to the court.
2. Submit a written report of investigation to the court per § 16.1-274., including recommendations on child's welfare if requested.
3. Monitor the assigned case to ensure compliance with court orders.
4. Assist appointed guardian ad litem in effectively representing the child's needs and interests.
5. Report suspected abused or neglected child per § 63.1-248.3.

CASA volunteer case activities should be linked to one of the five codified duties described above. If the activity is not directly related to performing one of these duties, the volunteer should not engage in the activity. Examples of inappropriate activities include:

• taking the child shopping;
• arranging outings to events like the circus or ballgames;
• giving gifts to the child or family beyond authorized CASA approval;
• providing for basic needs of the family.

CASA volunteers are not mentors and should not act as such.

If a child needs a mentor, include this in the CASA report recommendations.

Further, CASA volunteers should not engage in providing direct services to children or families. The regulations state: 6VAC20-160-80(B) CASA volunteers should not become inappropriately involved in the case by providing direct service delivery to any parties that could (i) lead to conflict of interest or liability or (ii) cause a child or family to become dependent on the CASA volunteer for services that should be provided by other agencies or organizations. 3 | P a g e Examples of direct services include:

• providing supervised visitation;
• conducting home studies;
• providing tutorial services; and
• providing transportation to appointments.

In accordance with 6VAC20-160-40, each local CASA program shall have policies and procedures that direct the activities of CASA volunteers and provide for effective volunteer supervision to minimize potential risk management concerns. Programs are required to adhere to the sections of the Virginia Code, state regulations, and local program policies that govern CASA volunteer activities, responsibilities and roles.

Reviewed and Approved November 2, 2017 II. Use of CASA Volunteers in Circuit Court

CASES ON APPEAL FROM THE JUVENILE & DOMESTIC RELATIONS

DISTRICT COURT

When cases are appealed to the Circuit Court from the Juvenile and Domestic Relations District Court and CASA has been appointed in the Juvenile Court proceedings, CASA volunteers may be re-appointed by the Circuit Court. CASA programs cannot accept the case unless a formal appointment has been made with a new court order that is signed by the Circuit Court judge.

CASES THAT ORIGINATE IN CIRCUIT COURT

Unless it is a juvenile court case on appeal, a Circuit Court order of appointment is not valid because the Code does not give a Circuit Court judge authority to appoint CASA volunteers except on cases that have been appealed from the Juvenile and Domestic Relations District Court. Circuit court judges are granted all powers and authority of the juvenile and domestic relations district court in cases of appeal [§16.1-296(I)].

Reviewed and Approved November 2, 2017 5 | P a g e III. Confidentiality and Information Sharing

1. CASA volunteers access child records with a valid court order. Va. Code §9.1-156(A).

1. CASA volunteers may share child info with the Guardian ad litem. Va. Code § 9.1-153 (A)(4).

1. In order to have access to any records or information related to a child’s parent or guardian or any other individual, the CASA volunteer must obtain an authorization for the release of information signed by that parent or guardian or other individual. Further, if the CASA volunteer intends to share that information outside of the official court report, the release of information form must specifically state with whom this information may be shared. Authorizations for the disclosure of health records and information, including mental health records, must comply with the provisions of 45 C.F.R. § 164.508, under the Health Insurance Portability and Accountability Act (“HIPAA”).

1. CASA programs are encouraged to obtain release of information forms to allow for the sharing of information with the Department of Social Services. A sample release of information form is distributed with this guidance policy.

Programs should address local agencies' information sharing needs as they arise.

1. Programs must not disclose investigation records except as in paragraphs 2 and 3.

1. CASA programs must adhere to the Code when distributing CASA Court Reports. The Code of Virginia states the following regarding the distribution of CASA Reports: § 16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees.

When courts order investigations or evaluations under specified statutes, the agency must file reports with the court clerk, who distributes copies to attorneys within set timeframes. Amendments are filed if needed, and attorneys must return reports after hearings, without copying.

The chief judge may authorize alternative methods for copying and distributing reports filed under § 9.1-153.

This particular Code section allows the chief judge to provide for an alternate means of distribution of court reports. If a CASA program is going to engage in an alternate means of distribution of CASA reports, CASA programs should obtain approval for this distribution policy in writing from the Chief Judge of the Juvenile and Domestic Relations District Court. Further, as this subsection of the Code indicates, copies of the reports can only be distributed to attorneys and any alternative distribution plan should be inclusive of all parties involved in the case.

Reviewed and Approved November 2, 2017 Colonial CASA Program, Williamsburg/James City County, 1311 Jamestown Rd, Suite 201, Williamsburg VA 23185, Phone: 757-229-3306, Fax: 757-229-3972, info@colonialcasa.org

Consent to Confidential Information Release

1. INDIVIDUAL CONFIRMING THE AUTHORIZATION

Full Legal Name Social Security # Date of Birth

2. THE USE AND/OR DISCLOSURE AUTHORIZED

I authorize Colonial CASA/Volunteer’s Name

To use, disclose, and exchange my protected info from agencies, schools, providers, employers, and court programs. I understand disclosures may be verbal or written. I do so voluntarily.

Purpose: To assist in court report preparation and Court Order monitoring.

To assist CASA volunteers and the Court, I authorize re-disclosure to:

the Court the G.A.L. for my child(ren) Dept. of Social Services my

attorney

Other:

I authorize CASA and Colonial CASA to release info about me and/or family to the identified persons, providers, and agencies to assist in service provision.

I understand my records are protected by confidentiality laws and cannot be disclosed without my written consent unless laws specify otherwise.

3. ENDING AUTHORIZATION AND/OR CHANGING YOUR MIND ABOUT THIS INFORMATION

I further acknowledge that the information to be released was fully explained to me and that this consent is given of my own free will. This consent includes information to be placed on my records after

8 | P a g eexecution of this release form as well as past and current records obtained by the CASA volunteer. I also understand that I have the right to revoke this consent at any time, but that my revocation is not effective until delivered in writing to the person who is in possession of my records. The revocation would not include records or information previously disclosed. If not previously revoked, it is my understanding that this consent will expire one year from the date of signing. ____________________________________ ____________________________________

Signature

Date

Witness

Date

____________________________________ ____________________________________

Print Name

Print Name of Witness

____________________________________ ____________________________________

Signature of Parent/Guardian (in case of minor) Print Name of Parent/Guardian (in case of minor) 9 | P a g e IV. Request for Home Visits for Other States

Background

CASA programs throughout Virginia are sometimes asked to provide home visits (courtesy home visits) and case related assistance to children who are placed in Virginia from other states for out of state programs.

Guidance

CASA staff and volunteers have no authority to investigate any matter other than those that have been assigned by a Virginia court of competent jurisdiction.

Accordingly, CASA Programs in Virginia are advised to decline requests for courtesy home visits. Procedures under the Interstate Compact for the Placement of Children (ICPC), administered by the Virginia Department of Social Services, govern accessing such a service. Further, CASA staff and volunteers in Virginia cannot operate in an official capacity in any matter without a valid court order. A court order from another state will not suffice as a valid court order for CASA appointment. There is considerable concern for the liability of CASA programs, volunteers and staff when engaging in the practice of providing such visits.

Resources

The Commissioner of the Virginia Department of Social Services, through the Division of Family Services, is responsible for approving and monitoring interstate placements of children. For further information about a specific state's procedures, requirements, interpretations and ICPC applications, e-mail vaicpcoffice@dss.virginia.gov or call 804-726-7581 or 804-726-7582.

Reviewed and Approved November 2, 2017 10 | P a g e V. The Use of CASA Volunteers in Custody Related Cases

The use of CASA volunteers in Juvenile and Domestic Relations District Court custody cases is an acceptable practice if there are allegations of abuse and neglect. CASA programs are encouraged to only accept appointments to custody cases if a Guardian ad litem has also been appointed. Local programs should ensure that all cases will comply with the Code of Virginia, Section 9.1-151 (A) which states “The Program shall provide services in accordance with this article to children who are subjects of judicial proceedings involving allegations that the child is abused, neglected, in need of services or in need of supervision, and for whom the juvenile and domestic relations district court judge determines such services are appropriate.”

A case that involves allegations that the child is abused, neglected, in need of services or in need of supervision, may include one or more of the following:

1. A valid past complaint of abuse or neglect implicates a primary caregiver.

1. A current complaint under investigation or family assessment by DSS.

1. Court information indicating possible child abuse or neglect, including emotional abuse.

1. Child appears to need unprovided services or supervision.

Local Programs are encouraged to develop written policies and protocols in consultation with the Juvenile and Domestic Relations District Court Judge(s) on the acceptance of CASA appointments to custody related cases. These policies and protocols should address the following issues:

1. Criteria defining an "allegation of abuse or neglect".

1. CASA rules require policies prioritizing case acceptance for volunteers.

Finally, local CASA programs must remain cognizant of funding sources which will not fund activities which are not related to abuse and neglect cases (i.e.

Victims of Crime Act funding will only fund cases when the child is identified as a victim of child abuse or neglect). 11 | P a g e For VOCA funding eligibility, funds must be used for direct services to victims of child abuse and neglect. Examples of eligible victim groups are:

• Children identified by DSS as abuse or neglect victims.

• Children referred to DSS as potential abuse/neglect victims, leading to investigation or assessment.

• Children court-identified as abuse or neglect victims.

Programs must evaluate the numbers of children served and the ability of the program to fund such services.

Reviewed and Approved November 2, 2017 12 | P a g e VI. Managing Staff Vacancies in CASA Programs

The regulations require that programs provide one full time equivalent supervisor for every 30 volunteers actively assigned to cases. When a vacancy occurs in a program, particularly if it is sudden, this can be problematic for local programs.

The following suggestions are offered to serve as a guide for local programs to manage this transition effectively and to maintain compliance with the regulations.

• Single-staff programs should require 30 days’ notice before resignation or retirement.
• Local programs should establish procedures for efficient, timely hiring.
• If a vacancy occurs before hiring completion, the Executive Committee should consider:

1. Immediately notify DCJS of staffing changes.
2. If staff is insufficient, stop accepting new referrals.
3. Consider recruiting experienced volunteers to manage supervisory duties temporarily.
4. Meet with the judge to discuss program status and hiring timeline.
5. If under an umbrella agency, consider using other staff temporarily.
6. Request DCJS technical assistance for hiring and training a new staff member.
7. Regularly communicate with volunteers and inform them of the program’s status and plans.

Reviewed and Approved November 2, 2017 13 | P a g e VII. Monitoring Cases after Case Closure

Many CASA programs are asked to provide monitoring services to assigned cases after the court closes the case. This presents several challenges. The following guidance is provided to programs that receive these requests.

• CASA programs must not accept monitoring appointments after case closure and removal from the docket.

• If despite the above the court requires CASA volunteers continue monitoring cases, CASA programs are advised to develop policies with their courts that include keeping the case open for the duration of the monitoring assignment. Further, DSS and the GAL should also remain active on the case until the monitoring is completed. Monitoring orders shall include a case closure date in the future in the absence of new allegations or concerns.

Reviewed and Approved November 2, 2017 14 | P a g e VIII. The Role of CASA Volunteers When Termination of Parental Rights is Achieved

Permanency in the lives of the children that CASA programs serve is a primary goal. CASA programs seek to ensure that children have the opportunity to grow up in safe, permanent homes. Many CASA programs close cases once Termination of Parental Rights (TPR) is achieved, most often because of the need to assign volunteers to cases that are on a waiting list. Other programs strongly advocate that permanence is not achieved until the child’s adoption is complete. Questions arise, however, around what the role of the CASA volunteer is during the adoption phase. There is not a clear, “one size fits all” response for every case a CASA volunteer will be assigned to. Each case will be different. First and foremost, the CASA volunteer’s continued appointment is a judicial decision. Once the judge has determined that the CASA appointment will continue, the CASA program director will need to evaluate each case based on the unique needs and circumstances of that case. Programs should consider the following guidance as they continue to serve on cases beyond TPR.

• When children are placed in adoptive homes, care and consideration should be given to the developmental needs of the child and the impact of continued involvement of the CASA Volunteer. At a time when the focus is on bonding and attachment with adoptive parents, the presence of the CASA Volunteer may indicate to the child continued instability. As long as the CASA appointment continues, the volunteer would monitor the court’s orders for the child. However, the role of the CASA Volunteer with the adoptive parents needs to be clear, and it is not to “investigate or monitor” the adoptive parents’ home. Further, it is clearly the role of the Department of Social Services to identify and monitor adoptive placements.

• CASA Volunteers assist in monitoring and ensuring proper completion of Adoption Progress Reports every 6 months and court directives.
• If it is in the child’s best interest, CASA volunteers should continue to visit the children they are assigned only as long as necessary to facilitate transition to permanency. Depending upon the developmental needs and circumstances of the child, it may be best to reduce the number of visits so that the adoptive parents can begin to establish stability and permanency for the child.

Reviewed and Approved November 2, 2017 15 | P a g e IX. The Use of Transportation in Local CASA Programs

CASA Programs are advised to adopt policies that do not allow volunteers to transport children in a vehicle and/or with any person related to the case under any circumstances. CASA programs that permit transportation may incur considerable liability and potential litigation costs that would divert resources from the advocacy work with children.

Reviewed and Approved November 2, 2017 16 | P a g e X. Continued Appointments of CASA Volunteers for Young Adults Age 18 – 21

Background

Although foster care children in Virginia have declined recently, the number aging out has increased.

The term “aging out” is often used to refer to young adults within the foster care system who are still in the system upon reaching the age of eighteen to twenty-one. These young adults have not found permanency with an adoptive family or reunification with their birth family before aging out. Young adults aging out of the system face multiple challenges and their outcomes are poor. Research shows that, when compared with their peers, young people aging out of foster care are, on average:

less likely to have a high school diploma
less likely to be pursuing higher education
more likely to have experienced homelessness
less likely to be earning a living wage
more likely to have had a child without being married
more likely to become involved with the criminal justice system

Virginia has allocated resources to improve outcomes for this vulnerable group.

In 2010, the Virginia General Assembly enacted changes to allow youth in foster care to continue receiving independent living services until age 21 (Va. Code §63.2-905.1). This change in statute is one example of this support. Since then, localities have worked to encourage young adults to “opt in” and continue receiving support and services.

In 2014, legislation clarified judges' authority to continue CASA appointments when young adults choose to receive services beyond age 18.

More significant, however, was the 2016 enactment by the General Assembly of the Fostering Futures1 program (2016 Appropriations Act, HB30, Item 346, subsection L), which allows foster children who age out of foster care to continue receiving certain foster care services if they qualify. To qualify, the young adult must be: (a) completing secondary education or an equivalent credential; or 1 CASA programs should note the Fostering Futures program bears the same name as the National CASA Association Training module designed to train CASA volunteers to advocate effectively with older youth. 17 | P a g e (b) enrolled in an institution that provides post-secondary or vocational education; or

(c) employed at least 80 hours/month; or

(d) engaged in programs or activities promoting or removing barriers to employment; or

(e) unable to perform (a)-(d) due to medical condition supported by updated case plan info.

The Fostering Futures program is voluntary. If the young adult chooses to participate, an agreement is entered into by the young adult and the local department of social services that outlines the specific services to be provided the young adult. By participating in Fostering Futures, the young adult would have access to and benefit from the following:

• Ongoing caseworker support (including monthly visits and 6-month reviews)
• Funding supports services deemed foster care maintenance, including housing.
• Participants may enter or leave the program any number of times between ages 18-21, if still qualified.
• Appointed counsel and CASA continue if court retains jurisdiction.

As just noted, continuing the appointment of the CASA volunteer is a support available to young adults who remain under the jurisdiction of the court as they prepare for independence. Whereas there is a general philosophy that youth should not linger in foster care, if a youth turns 18 and has not been placed in a permanent home and family, the state recognizes that receiving continued services from 18 – 21 will be a benefit to their future.

Guidance for local CASA programs when judges continue appointments in such cases.

Legal Considerations

When courts continue appointments for ages 18–21, CASA programs should ensure the following actions:

• Appointments occur before age 18 if the young adult opts to continue independent living services.

Fostering Futures appointments occur at the initial court hearing approving the young adult’s agreement with DSS.

• Appointments continue only if the juvenile court schedules an annual review after age 18, maintaining jurisdiction.
• CASA appointment continues only with the young adult’s approval via signature on the Appointment Agreement.
• CASA secures a signed release from 18+ young adults before accessing information.
• CASA volunteers collaborate with the young adult’s attorney, if any.

CASA Volunteer Role CASA volunteers will continue to perform the same duties enumerated in the Code of Virginia in § 9.1-153, when a young adult turns 18. CASA volunteers must also follow the same rules, regulations, standards and policies regarding activities that are prohibited. As young adults transition to adulthood, CASA volunteers should be mindful of the following principles as they advocate for young people who are making preparations to emancipate from the foster care system.

1. Youth Driven Advocacy – As young people age, there should be a deliberate shift in the CASA volunteer’s focus to encourage youth led, youth driven advocacy. Preparation for adulthood should be the central goal for a CASA’s work with young adults and encompasses both developing skills for self-sufficiency and interdependency as well as establishing permanent connections. CASA volunteers should make certain that the young adult is leading the process and not other professionals. CASA volunteers will continue to carry out four primary activities on each case: assessment, facilitation, advocacy and monitoring.

The results of the assessment will be reported to the court along with outcomes of the court’s orders, if any have been issued. CASA volunteers will also assist the young adult in completing Independent Living Assessments and their incorporation into the case plan. The CASA volunteer must clearly explain his/her role to the young adult and empower the young person to lead his/her own advocacy efforts.

1. Facilitating Youth Driven Plans: For young children under the court’s protection, the focus is on achieving permanency in a home where adults will take care of children’s needs. However, for a young adult the goal shifts to creating permanence through the development of a network of caring, committed adults who will serve as long-term support for the youth.

CASA volunteers support, not assume, roles in network building, fostering self-sufficiency, confidence, and self-advocacy, while monitoring youth engagement in assessments and case plans.

1. CASA responsibilities with young adults include reviewing records, interviewing parties, verifying permanent plans, submitting reports, maintaining records, and returning case files upon closure.

With independence as the goal, focus shifts to ensuring resources and services prepare the young adult for successful living.

1. CASA Volunteer’s Relationship with the Young Adult: When advocating for a young adult, the CASA volunteer’s relationship will be different because the young adult will be actively involved and leading their case. The CASA volunteer will partner with the young adult as they learn to advocate for themselves. The expectations for contacts will remain the same as prescribed by the local program; however, if an increase in frequency of contacts is required due to the nature of the context of advocacy, this is to be agreed upon between the advocate and the young person.

1. Relationship Boundaries with Siblings and Families: If a CASA volunteer is assigned to a case involving siblings, one of whom is turning 18, the volunteer must be mindful of the distinction between the best interest analysis applied to the younger children and the youth driven strategy being employed for the young adult.

CASA programs should follow these best practices when working with young adults 18–21:

• Youth-led advocacy: Young adults should create and implement their plans; CASA encourages self-advocacy.

• CASA duties remain unchanged per Virginia Code, DCJS, and NCASAA standards; volunteers continue objective advocacy for the young person’s needs.
• CASA volunteers do not provide direct services; per 6VAC20-160-80(B), services are provided by DSS or others.

• Key functions: ensure continuous, collaborative, customized, focused, youth-directed planning and advocacy.

• Stability and Securing Permanency - CASA volunteers should work with the young adult and other system partners to ensure that key issues surrounding future stability, independence, and success are addressed.

These may include but are not limited to:

• Education
• Independent living skills
• Mental & physical health care – Medicaid coverage, insurance
• Housing
• Community resources
• Understanding rights and laws
• Employment
• Permanent connections
• Legal documents (birth certificate, social security card, driver’s license, etc.)

• Voluntary Agreement – Continued involvement of the CASA volunteer is subject to the young adult’s approval. The young adult should sign the agreement form annually. The form sets forth agreements and expectations of the CASA program/volunteer and the young adult.

• Information Release – As adults, youth must sign a release form for CASA to access personal records.

• CASA volunteers should respect confidentiality, uphold professional boundaries, and recognize the shift from “best interest” to “youth-led planning.” 21 | P a g e
• A CASA volunteer may not provide financial aid, guarantee loans, allow cohabitation, vacation, socialize, or develop intimate relationships with a young adult.

Training Working with young adults age 18 -21 requires specialized training for CASA volunteers. CASA programs whose appointments continue into young adulthood should expand and enhance training for staff and volunteers to include the following:

• NCASAA Fostering Futures Curriculum
• Training for CASA volunteers working with 18-21-year-olds, including Fostering Futures Guidelines and collaboration with DSS and system partners.
• Information on available resources and funding sources
• Information on educational opportunities and resources
• Training on Independent Living service workers’ roles
• Working knowledge of VA DSS Child and Family Services Manual, E. Foster Care, Section 14 Achieving Permanency for Older Youth
• Other relevant training as approved by the local CASA program. Reviewed and approved November 2, 2017. XI. Use of Social Media and Networking in CASA.

Purpose

Local CASA programs must develop clear communication guidelines for use of social networking and social media both inside and outside of the work environment. This policy is not intended to provide guidance on the use of social networking and social media as a tool for fund raising, volunteer recruitment or marketing or the use of social media in CASA investigations. Further, this policy does not provide guidance on the use of electronic communication such as email, texts and voice mail or internet based telecommunications.

Scope and Application

This policy guides acceptable social media and networking communication for CASA staff, volunteers, and board members.

Social media and networking include websites, online communities, message boards, blogs, apps, and chat rooms.

Postings include, but are not limited to, content (includes text and photographs) an individual shares on a social media site or the act of publishing content on a site. This includes postings on official CASA program social networking sites or personal social networking sites.

No user shall have privacy expectation in messages, files, images, or data created, sent, retrieved, or posted via social media regardless of privacy settings.

Policy

A) CASA employees, volunteers and board members are expected to conduct themselves in a manner that is consistent with all other requirements for ethical standards of conduct and professional behavior as determined by the CASA program’s policies and procedures. This includes all interactions in person and on social media.

B) Local CASA programs should develop policies to ensure staff and volunteer compliance.

Reviewed and Approved November 2, 2017 23 | P a g e Voluntary Agreement for Young Adults CASA Volunteer:

I understand that if the youth continues the CASA appointment, my role is to:

• promote youth led advocacy,
• Ensure task completion and youth-directed advocacy,
• Promote stable, secure permanency with youth,
• monitor the Court’s orders for compliance,
• submit reports to the court.

CASA Volunteer Name (Printed):

CASA Volunteer Signature:

Youth:

I understand if I continue the appointment of my CASA volunteer that:

• My CASA volunteer will work with my court appointed attorney, if any.
• I must sign a release to allow CASA access to personal records.
• CASA services end at age 22 or if I voluntarily withdraw.

I understand that if I do not continue my CASA appointment:

• CASA services end at age 18.

Other Agreements: Yes, I understand the above requirements. I WANT a CASA to continue being appointed to my case.

No, I do NOT want a CASA to continue being appointed to my case.

Youth Name (Printed):

Youth Signature:

DATE: 24 | P a g e

RE-CERTIFICATION Guidelines

Revised October 2018

TABLE OF CONTENTS

Re-certification Checklist ................................................................................................. 3

Re-certification Application Package Development Phase .............................................. 4

Assessment of Core & Optional Elements ....................................................................... 4

Goals and Objectives .............................................................................................. 5

Accomplishments .................................................................................................... 5

Evaluation ............................................................................................................... 6

Substituted Optional Elements ........................................................................................ 7

History ..................................................................................................................... 7

Supporting Documentation ...................................................................................... 8

Application Review/Verification Phase ............................................................................ 8

Board Review Phase....................................................................................................... 9

Re-Certification Certificate .............................................................................................. 9

Appeals ........................................................................................................................... 9

Revocation of Certified Status ....................................................................................... 10

Technical Assistance .................................................................................................... 10

Sample Application ....................................................................................................... 11

2RE-CERTIFICATION CHECKLIST

Checklist

Application All summaries must be submitted as an attachment to an email in the same format as the original application (single spaced with a 12 point font) on standard

1. 5 X 11 paper. A table of contents listing the different sections should accompany each summary. Each section should be clearly delineated within the summary by a cover page.

Re-certification Requirements

Core Elements Goals and Objectives Accomplishments Evaluation New Goals and Objectives

Optional Elements Goals and Objectives Accomplishments Evaluation New Goals and Objectives

Substitutions (optional elements only – maximum of 2) History Goals and Objectives Accomplishments Evaluation

3The re-certification process consists of three phases: Re-certification Application Development, Application Review, Re-certification certificate.

1. Re-certification Application Package Development Phase Program Update

In order to maintain their certification, localities must be re-certified upon completion of their third year in the program, and every three years thereafter. If requested in writing, DCJS may grant an extension of up to six months for good cause. Once DCJS receives the completed re-certification application and governing body resolution, the Department will complete its review within 90 days. Localities failing to meet the re-certification requirements within the time allotted, and without obtaining an extension, will be required to apply for initial certification, in effect, start over.

Assessment of Core and Optional Elements

To obtain re-certification, applicants must provide written assessments of twelve core program elements and seven optional elements. Each of the core and optional elements must be assessed. However, the locality may request that new or more successful, crime prevention programs implemented since the original application be substituted for up to two of the optional elements originally submitted.

These substituted elements must be proposed using the same guidelines as in the original application.

All summaries must be submitted as an attachment to an email in the same format as the original application (single spaced with a 12 point font) on standard 8.5 X 11 paper.

Each assessment should be divided in four main sections: (1) Old goals and

objectives of each element; (2) Program accomplishments for the last three years;

(3) Evaluation of program effectiveness (have you met the goals and objectives from

the original application); and (4) New goals and objectives for the next three years.

(These may be the same as the old goals and objectives if they still apply).

4Goals and objectives

In this section, applicants should list, in numeric form, the goals and objectives for the element being assessed, with the objectives being listed underneath the goal to which they apply. The goal may or may not be the same as in the original application. Objectives should set out the actions the applicants plan to take for the next three years for each program. This section is particularly crucial because it shows what the applicant will use to determine the success of the element. Since goals and objectives can often be easily confused and difficult to define properly, some definitions and tips have been provided below to assist in the preparation of this section of the summary.

Goals

Goals are the broad programmatic aims of a program. The goals should be clear, concise and written in a manner that makes them easily understood by a lay person, unfamiliar with the program. For example, a neighborhood watch program may have as its goal, “to reduce citizen fear of crime.” Each program may have more than one goal, but each goal should be written in the same broad manner.

Objectives

Objectives are specific actions undertaken to achieve the goal or goals listed for the element. Objectives should be clear, concise, easily understood, time specific and measurable. For example, if the goal is to reduce burglary, an objective may be to increase the number of neighborhood and business watches by 5% each year. Or, if the goal is to reduce citizen fear of crime, an objective may be to increase the number of participants in citizen’s police academies by 10% each year. Whatever the objectives, it is essential that they be quantifiable in order to determine the element’s success over time. It is also more important that they be realistic and not overly ambitious simply to impress the reviewers of the application.

Accomplishments to date

In this section, applicants should list the significant milestones and accomplishments of the element for the last three years. Particular attention should be paid to listing, if possible:

The most noteworthy accomplishments or major activities after certification.

Accomplishments/activities that have drawn significant local, statewide or national media attention.

5 Specific activities that have resulted in statistically significant reductions in crime, fear of crime, or other measurable results.

Evaluation

In this section, applicants should provide an evaluation of how successful they have been in achieving the goals and objectives listed in the original application.

An evaluation must be provided on each core and optional program element.

Applicants should use one or more of the following types of evaluation measures:

Process/Efficiency Measures

Process measures involve the documentation of activities associated with a program and/or the amount of time spent on those activities. For example, evaluating the effectiveness of a crime prevention specialist could possibly include documenting the number of security surveys conducted, the number of speeches/presentations made, etc.

Outcome Measures

Outcome measures specify the impact of your program on a targeted problem. It is an assessment of the results of the local program rather than the program itself. For example, evaluating the effectiveness of a community policing program could possibly include documenting a reduction in calls for service, a reduction in burglaries, a reduction in robberies, etc.

Opinion Measures

Opinion measures are exactly that: measures of opinions of the effectiveness of a program. These measures usually take the form of surveys and can involve, for example, measuring the general public’s expectations of, or satisfaction with a program, measuring the opinions of those charged with administering a program, etc. Although these measures can be potentially meaningful with regard to acceptance of the program, they can also be unreliable.

Anecdotal Information

Anecdotal information normally consists of interesting stories, general observations, and isolated incidents that may illustrate the impact a program has had on an individual or community. For example, a neighborhood watch group may be able to cite an incident in which their activities helped to prevent a potentially heinous crime. Or a youth may have a story about how a

6 particular delinquency prevention program had a major impact on his or her life. Anecdotal information is a good supplement for the other evaluation measures listed above, but is not a substitute for them.

Substituted Optional Elements

If, during the course of gathering information to seek re-certification, applicants determine that there are optional elements that have become dormant, unsuccessful or have been discontinued, they may substitute a maximum of two (2) new crime prevention programs/initiatives. The following format must be used when proposing new programs:

History (see the below bullet)

Program Operation

Goals and objectives for the proposed program.

Accomplishments of the new program

An evaluation plan, part of which may be an implementation plan that

includes a timetable.

Local history of the program and program operation (Only for new programs)

This section is only necessary if you are proposing to replace a previously approved optional element with a new element. In this section, explain in detail the history of the program element at the local level and how it operates on a daily basis in the applicant locality. Particular attention should be paid to answering all of the following general questions:

When did the program begin in the applicant locality?

What specific local factors/circumstances/events led to the creation of the program?

Was the program the idea of one person, a group of people, a local

agency/organization, etc.?

What process was followed to get the program started locally?

What, if any, obstacles were faced in starting up and implementing the program?

How long did it take for the program to go from idea/concept to reality?

How does the program operate on a day-to-day basis?

Who operates the program?

7 Supporting documentation

In addition to the information required for the program summary, other supporting documentation should be submitted to supplement the summary at the time of the final submission, including:

Media coverage of the program (e.g. news articles, PSAs, video clips, etc).

Newly created documents that facilitate the operation of the program.

Proofs of the success and operation of the program.

Any other information deemed relevant by applicant.

Attachments should not be used as a substitute for critical information that should appear in the summary. It is the responsibility of the applicant to include all relevant and pertinent information in the summary, even if the information is included in attachments. The applicant should note in the summary the existence of any attached proofs. This may be done by including the notation “(See Attached)” after the mention of the item being used for proof.

1. Application Review/Verification Phase

Staff Review

Applicants will submit to DCJS the summaries of their programs and the detailed plans of any newly proposed programs designed to meet re-certification standards.

DCJS staff will conduct ongoing review of the summaries for completeness, documented effectiveness of the summarized programs, and future goals and objectives of the programs and recommend changes or needed corrections. Plans for newly proposed programs will be judged for completeness of the assessment, goals and objectives, implementation plan and evaluation plan. Staff review will be ongoing as elements are received for review.

Upon completion of each review, DCJS staff will notify the applicant of any problems needing correction.

Verification Process

Upon completion of a final summary product, DCJS will contact the applicant to arrange a date and time for on-site verification of documented programs, or to receive a completed

8 submission document. A completed submission will include; element summaries and all proofs necessary to verify the efforts and success of the elements.

Upon completion of the verification process, DCJS will notify the applicant of any final problems needing correction. Applicants may be given a remediation and correction period of 30 days. Once this process is complete, DCJS staff will prepare the certification brief and all final documents for the CJSB subcommittee review.

1. Board Review Phase

Criminal Justice Services Board Review

After the verification process is complete, DCJS will present all of the information gathered from the applicant to members of a subcommittee of the Criminal Justice Services Board (CJSB) for recommendation of approval. Upon the recommendation of approval of the subcommittee, the applicant information will be presented to the full Board for final approval. Upon approval of the full board, the applicant will receive re-certification from DCJS. (CJSB review of application packages will coincide with regularly scheduled meetings of the CJSB).

Once a community is re-certified or fails to be re-certified, DCJS staff will notify the re-certification coordinator within five working days of the status. The local re-certification coordinator shall have the responsibility of notifying the local governing body, law enforcement executive and any others his community requires. The timeline for any appeal begins with the notification of the certification coordinator.

1. Re-Certification Certificate

If the Department of Criminal Justice Services approves, the locality will be re-certified for three years. The locality will be required to re-certify every three years to remain in good standing.

APPEALS

If an applicant is denied certification by the subcommittee of the CJSB, DCJS will notify the certification coordinator of the community of the denial. The applicant community may attend and speak at the full CJSB meeting in which the motion to deny the application is made by the subcommittee or the community will otherwise have 30 days in which to notify the Director of DCJS of its intention to appeal. Upon receiving an appeal request, DCJS will hold an appeal hearing with the CJSB at their next available

9meeting. The locality will meet with the CJSB and present its appeal. All decisions by the CJSB will be final and binding.

RE-CERTIFICATION

Re-certified localities will retain their certification for a period of three (3) years. Certified localities must complete a reassessment process every three years to maintain certification.

REVOCATION OF CERTIFIED STATUS

The CJSB, upon recommendation from DCJS, reserves the right to revoke the certification status of any locality for good cause. This action will only be taken when all reasonable compliance efforts have failed. In the event of revocation of the certified status, the community will have thirty (30) days to remove all Certified Crime Prevention Community signs and to cease the use of the logo and claim of certification under this program.

TECHNICAL ASSISTANCE

Free technical assistance is available to any locality that has been certified in the program.

Assistance can be provided on a range of issues, including:

The preparation of summaries for core and optional elements.

The development of programs intended to fill identified service gaps.

Guidance on how to rejuvenate dormant programs.

Guidance on fostering interagency collaboration.

Technical Assistance will be provided by the DCJS crime prevention programs staff.

10Sample Re-certification Element

OLD GOALS AND OBJECTIVES:

GOAL: To increase the safety of the students, faculty and staff within the school by helping to provide a safer environment in which to learn, and by providing a positive resource to all.

OBJECTIVES:

1. Insure SRO or other police officers are on campus 95 % time school is in session.
2. Conduct 4 students, parent counseling meetings monthly.
3. Attend parent teacher organization meetings 75 % of time during the school year.
4. Attend 10 % of school extra curricular activities such as sports events, club meetings, etc., monthly.
5. Participate annually in School Safety Audit.

Accomplishments: In March 2008, the SRO, Officer X, received information that a middle school student had been initiated into the Bloods gang by an adult. This student then came into the school and recruited 9 other middle school students into the gang and they had an initiation by beating them into the gang, inside the boy’s bathroom at the middle school.

Detective XYZ, who is also a trained gang specialist, was called to assist in the investigation. As a result of the investigation by the SRO X and the Det. XYZ, the adult suspect and middle school student who conducted the recruitment were charged and convicted in local courts. School administrators, staff, parents, and police were initially shocked at the scope of this recruitment process within the middle school system but were elated that a potential threat to safety of the school system had been thwarted. The police and school administration began to place a large emphasis on the gang situation and its potential in the school system in 2006. SRO X first began to receive gang training at local training sessions sponsored by the Department of Corrections and Virginia Gang Investigators Association (VGIA). In May of 2008, SRO X attended a week long Gang Resistance Education and Training (G.R.E.A.T.) training held in Philadelphia, PA and will implement the program within the school system to the 6th grade class in the 2008/2009 school year.

Evaluation: SRO X is assigned to the school campus whenever school is in session and is only away from campus while in the performance of other duties, such as obtaining petitions, preparing reports, etc. When the SRO is unable to be in the school due to training or other reasons, her immediate supervisor, Sgt. Brown or Captain Blue are notified and they contact the on-duty road supervisor who makes the necessary arrangements for a road officer to be on campus. The on-duty supervisor ensures that an officer is on campus during critical times when large amount of students are in certain areas such as the arrival of students, lunch, and the departure of students. The SRO briefs the officers on any critical incidents that they need to be aware of such as areas that need to be extra patrol or volatile incidents that have recently occurred.

During the evaluation period from 2006 – 2008, the SRO conducted an average of 13 formal parent/student counseling meetings each month related to student’s personal problems, problems with family members, problems related to other peers, drug and alcohol related, etc. Formal counseling sessions takes place in an office and involves the SRO, student, parent, and/or school administration. Informal sessions may take place in public areas, involves only the student or parent, and is very brief in nature. Formal and informal counseling sessions are initiated by the student or parent, or by the SRO when information is received through a third party, such as another student or staff member. Students are sometimes referred to the SRO by staff members, administrators, or by other students. In the 2006/2007 school year, the SRO conducted 112 formal counseling sessions and approximately 190 informal sessions, 136 formals in the 2007/2008 school year and approximately 200 informal sessions. The SRO serves as a valuable resource to students and parents and has earned their trust. An example of the importance of this trust occurred in the fall of 2008. The SRO was approached by a

11student who was good friends with another student who attended Anytown County High School. The night before, the Carroll student was found passed out in the bathroom of her residence after having an adverse effect from taking pain medication that had been prescribed to her grandmother. The Anytown student approached SRO X with concerns of her friend abusing prescription medication. SRO X and the student went into the office where they contacted the Anytown County SRO officer and advised him of the situation. The Anytown SRO officer then took the student to the guidance office where she received counseling and assistance and is living a normal life now.

The SRO has not been able to meet the objective of attending the PTO meetings due to the middle school eliminating the parent/teacher organization due to lack of parental involvement at the end of the 2005-2006 school year. The elementary school parent/teacher meetings consist primarily of an open house type session, with the main purpose evolving around grades, and there is no parent/teacher organization on the high school level.

Parents take the opportunity to interact with the SRO at extra curricular activities. It is at these informal settings that parents express any concerns they might have. The SRO has sent their name and contact information home with students in the student code of conduct to encourage parental contact with them if needed. They also attend extra curricular activities that parents may attend.

The Anytown Public School system offers a wide variety of extra curricular activities that students can choose to be involved in, for example, civic organizations such as band, drama club, etc, and the following sporting activities for 9th through the 12th grade levels:

• Varsity Football
• JV Football
• Golf
• Girls Varsity and JV Volleyball
• Girls/boys Varsity Basketball
• Girls/Boys JV. Basketball
• Soccer
• Boys Wrestling
• Varsity Baseball
• JV Baseball
• Girls Softball
• Boys/girls Tennis
• Varsity Track

During the evaluation period of 2006 – 2008, the SRO or designee attended approximately 7 % of the extra curricular activities that are offered including all varsity home football games and all girls and boys’ home varsity basketball games. On-duty patrol officers attend some games as well until called away to respond to other incidents. The attendance by on-duty patrol officers augments the SRO’s attendance and supports safety at extra curricular activities. There are also several officers from the Anytown Police Department and other surrounding agencies who regular attend events in their off time due to their child being a participant or other to support the sports offered. The SRO attends all activities in which possible problems or other criminal activity has been brought to the attention of the SRO or school administration. The SRO’s number one priority is to ensure the safety of students, staff, and visitors while on campus when school is in session or during a school sponsored event: The school and police administration work diligently to ensure that all are provided with the best protection during critical times of the day without over extending the workload of the SRO.

The policy and procedures changed at the end of the 2005/2006 school year in the way school safety audits could be conducted (see Core Element #8 – School Safety Audit). Anytown Public Schools no longer utilized a formal school safety team to conduct their safety audits. During this evaluation period, Anytown Public Schools have met the requirement as set forth by the state code. Since the evaluation period began, the school safety audit has been conducted on-line by Jim Blaze, Director of Support Services. Mr. Blaze seeks input from the SRO, faculty and other staff members on any safety concerns they might have before the report is submitted to Virginia Center

12for School Safety, but they have not utilized a formal safety audit team. CPS Sgt. Brown and Jim Blaze, Director of Support Services, have discussed the importance of a formal school safety audit team and the school has agreed to implement the team concept by the end of the 2008/2009 school year that also involves the SRO in the school safety audit process (See Core Element #8 – School Safety Audit for further details).

NEW GOALS AND OBJECTIVES:

Goal: To increase the safety of the students, faculty and staff within the school by helping to provide a safer environment in which to learn, and by providing a positive resource to all.

Objectives:

1. Ensure SRO or other police officers are on campus 95 % of the time school is in session.
2. Attend 5 % of school extra curricular activities such as sports events, club meetings, etc., monthly.
3. Conduct 15 student and/or parent counseling meetings monthly.
4. By the end of the 2010/2011 school year survey all students, faculty and staff members of Anytown High School in order to evaluate the performance of the SRO.
5. Ensure that law enforcement participates annually in the School Safety Audit process.

13

RE-CERTIFICATION Guidelines

Revised October 2018

TABLE OF CONTENTS

Re-certification Checklist ................................................................................................. 3

Re-certification Application Package Development Phase .............................................. 4

Assessment of Core & Optional Elements ....................................................................... 4

Goals and Objectives .............................................................................................. 5

Accomplishments .................................................................................................... 5

Evaluation ............................................................................................................... 6

Substituted Optional Elements ........................................................................................ 7

History ..................................................................................................................... 7

Supporting Documentation ...................................................................................... 8

Application Review/Verification Phase ............................................................................ 8

Board Review Phase....................................................................................................... 9

Re-Certification Certificate .............................................................................................. 9

Appeals ........................................................................................................................... 9

Revocation of Certified Status ....................................................................................... 10

Technical Assistance .................................................................................................... 10

Sample Application ....................................................................................................... 11

2RE-CERTIFICATION CHECKLIST

Checklist

All summaries must be emailed as attachments in the same format (single spaced, 12-point font) on standard

1. 5 X 11 paper. A table of contents listing the different sections should accompany each summary. Each section should be clearly delineated within the summary by a cover page.

Re-certification Requirements

Core Elements: Goals, Objectives, Accomplishments, Evaluation, New Goals/Objectives

Optional Elements: Goals, Objectives, Accomplishments, Evaluation, New Goals/Objectives

Substitutions (max 2 optional elements): History, Goals, Objectives, Accomplishments, Evaluation

3Re-certification involves three phases: Application Development, Review, and Certificate.

1. Re-certification Application Package Development Phase Program Update

In order to maintain their certification, localities must be re-certified upon completion of their third year in the program, and every three years thereafter. If requested in writing, DCJS may grant an extension of up to six months for good cause. Once DCJS receives the completed re-certification application and governing body resolution, the Department will complete its review within 90 days. Localities failing to meet the re-certification requirements within the time allotted, and without obtaining an extension, will be required to apply for initial certification, in effect, start over.

Assessment of Core and Optional Elements

To obtain re-certification, applicants must provide written assessments of twelve core program elements and seven optional elements. Each of the core and optional elements must be assessed. However, the locality may request that new or more successful, crime prevention programs implemented since the original application be substituted for up to two of the optional elements originally submitted.

Substituted elements must follow the same guidelines as the original application.

All summaries must be emailed as attachments in the same format (single spaced, 12-point font) on standard 8.5 x 11 paper.

Each assessment should be divided in four main sections: (1) Old goals and

objectives of each element; (2) Program accomplishments for the last three years;

(3) Evaluation of program effectiveness (have you met the goals and objectives from

the original application); and (4) New goals and objectives for the next three years.

(They may be the same as old goals if still applicable.

4Goals and objectives

In this section, applicants should list, in numeric form, the goals and objectives for the element being assessed, with the objectives being listed underneath the goal to which they apply. The goal may or may not be the same as in the original application. Objectives should set out the actions the applicants plan to take for the next three years for each program. This section is particularly crucial because it shows what the applicant will use to determine the success of the element. Since goals and objectives can often be easily confused and difficult to define properly, some definitions and tips have been provided below to assist in the preparation of this section of the summary.

Goals

Goals are broad aims, clear and simple for lay understanding. For example, “reduce citizen fear of crime.” Multiple goals are allowed, but each should be broad.

Objectives

Objectives are specific actions undertaken to achieve the goal or goals listed for the element. Objectives should be clear, concise, easily understood, time specific and measurable. For example, if the goal is to reduce burglary, an objective may be to increase the number of neighborhood and business watches by 5% each year. Or, if the goal is to reduce citizen fear of crime, an objective may be to increase the number of participants in citizen’s police academies by 10% each year. Whatever the objectives, it is essential that they be quantifiable in order to determine the element’s success over time. It is also more important that they be realistic and not overly ambitious simply to impress the reviewers of the application.

Accomplishments to date

Applicants should list significant milestones and accomplishments from the last three years, paying particular attention to:

Noteworthy accomplishments or major activities post-certification.

Accomplishments/activities that have drawn significant local, statewide or national media attention.

5 Specific activities that have resulted in statistically significant reductions in crime, fear of crime, or other measurable results.

Evaluation

Applicants should evaluate their success in achieving original goals and objectives.

Evaluation must cover each core and optional element.

Applicants must use one or more evaluation measures:

Process/Efficiency Measures

Process measures document activities and time spent, e.g., number of surveys or presentations by crime prevention specialists.

Outcome Measures

Outcome measures assess program impact on problems, e.g., reductions in calls, burglaries, or robberies.

Opinion Measures

Opinion measures gauge perceptions of program effectiveness, often via surveys, but may be unreliable despite their usefulness for acceptance.

Anecdotal Information

Anecdotal info includes stories, observations, or incidents illustrating program impact, e.g., crime prevention or personal stories.

6 particular delinquency prevention program had a major impact on his or her life. Anecdotal information is a good supplement for the other evaluation measures listed above, but is not a substitute for them.

Substituted Optional Elements

Applicants may substitute up to two new crime prevention programs if existing optional elements are dormant, unsuccessful, or discontinued, using the specified format.

History (see the below bullet)

Program Operation

Goals and objectives for the proposed program.

Accomplishments of the new program

An evaluation plan, part of which may be an implementation plan that

includes a timetable.

Local history of the program and program operation (Only for new programs)

Only if replacing a previously approved element, explain the local history and daily operation, addressing all listed questions:

When did the program start locally?

What local factors led to the program's creation?

Was the program initiated by an individual, group, or local agency?

agency/organization, etc.?

What process initiated the program locally?

What obstacles were faced in starting and implementing?

How long from idea to implementation?

How does the program operate daily?

Who operates the program?

7 Supporting documentation

Submit additional supporting documentation with the final summary, including:

Media coverage (news, PSAs, videos).

New documents facilitating program operation.

Proofs of program success and operation.

Other relevant information by applicant.

Attachments should not replace critical info in the summary; include all relevant details and note attachments as “(See Attached).”

1. Application Review/Verification Phase

Staff Review

Applicants submit program summaries and detailed plans for new programs to DCJS for re-certification.

DCJS staff will conduct ongoing review of the summaries for completeness, documented effectiveness of the summarized programs, and future goals and objectives of the programs and recommend changes or needed corrections. Plans for newly proposed programs will be judged for completeness of the assessment, goals and objectives, implementation plan and evaluation plan. Staff review will be ongoing as elements are received for review.

After review, DCJS will notify applicants of needed corrections.

Verification Process

After final summary, DCJS will contact the applicant to schedule on-site verification or receive a completed

8 submission document. A completed submission will include; element summaries and all proofs necessary to verify the efforts and success of the elements.

After verification, DCJS will notify the applicant of final issues, with a 30-day correction period. DCJS staff will then prepare the certification brief and final documents for CJSB review.

1. Board Review Phase

Criminal Justice Services Board Review

After the verification process is complete, DCJS will present all of the information gathered from the applicant to members of a subcommittee of the Criminal Justice Services Board (CJSB) for recommendation of approval. Upon the recommendation of approval of the subcommittee, the applicant information will be presented to the full Board for final approval. Upon approval of the full board, the applicant will receive re-certification from DCJS. (CJSB review of application packages will coincide with regularly scheduled meetings of the CJSB).

DCJS staff will notify the re-certification coordinator within five days of re-certification status. The coordinator must notify the local governing body, law enforcement, and others. The appeal timeline starts with this notification.

1. Re-Certification Certificate

If approved, the locality is re-certified for three years and must re-certify every three years to stay in good standing.

APPEALS

If an applicant is denied certification by the subcommittee of the CJSB, DCJS will notify the certification coordinator of the community of the denial. The applicant community may attend and speak at the full CJSB meeting in which the motion to deny the application is made by the subcommittee or the community will otherwise have 30 days in which to notify the Director of DCJS of its intention to appeal. Upon receiving an appeal request, DCJS will hold an appeal hearing with the CJSB at their next available

9The locality will present its appeal to the CJSB, whose decisions are final and binding.

RE-CERTIFICATION

Re-certified localities will retain their certification for a period of three (3) years. Certified localities must complete a reassessment process every three years to maintain certification.

REVOCATION OF CERTIFIED STATUS

The CJSB, upon recommendation from DCJS, reserves the right to revoke the certification status of any locality for good cause. This action will only be taken when all reasonable compliance efforts have failed. In the event of revocation of the certified status, the community will have thirty (30) days to remove all Certified Crime Prevention Community signs and to cease the use of the logo and claim of certification under this program.

TECHNICAL ASSISTANCE

Certified localities have access to free technical assistance.

Assistance covers issues including:

The preparation of summaries for core and optional elements.

The development of programs intended to fill identified service gaps.

Guidance on how to rejuvenate dormant programs.

Guidance on fostering interagency collaboration.

DCJS crime prevention staff will provide Technical Assistance.

10Sample Re-certification Element

OLD GOALS AND OBJECTIVES:

GOAL: Increase safety of students, faculty, and staff by providing a safer learning environment and a positive resource.

OBJECTIVES:

1. Ensure SRO or police officers are on campus 95% of school hours.
2. Conduct 4 students, parent counseling meetings monthly.
3. Attend PTO meetings 75% of the school year.
4. Attend 10% of extracurricular activities like sports and clubs monthly.
5. Participate annually in School Safety Audit.

In March 2008, SRO X received info that a student was initiated into the Bloods by an adult, recruited 9 students, and they were beaten into the gang in the school bathroom.

Detective XYZ, a gang specialist, assisted in the investigation. The suspect and student were charged and convicted. The incident heightened awareness of gang issues, with SRO X receiving gang training and planning to implement G.R.E.A.T. in 2008/2009.

SRO X is assigned to the school during sessions, away only for duties. When unavailable, supervisors arrange for officers during critical times. SRO briefs officers on incidents and patrol needs.

From 2006–2008, the SRO held an average of 13 formal counseling sessions monthly, plus informal sessions, addressing personal, family, peer, and substance issues. The SRO is a trusted resource, exemplified when approached by a student in fall 2008.

11student who was good friends with another student who attended Anytown County High School. The night before, the Carroll student was found passed out in the bathroom of her residence after having an adverse effect from taking pain medication that had been prescribed to her grandmother. The Anytown student approached SRO X with concerns of her friend abusing prescription medication. SRO X and the student went into the office where they contacted the Anytown County SRO officer and advised him of the situation. The Anytown SRO officer then took the student to the guidance office where she received counseling and assistance and is living a normal life now.

The SRO has not been able to meet the objective of attending the PTO meetings due to the middle school eliminating the parent/teacher organization due to lack of parental involvement at the end of the 2005-2006 school year. The elementary school parent/teacher meetings consist primarily of an open house type session, with the main purpose evolving around grades, and there is no parent/teacher organization on the high school level.

Parents take the opportunity to interact with the SRO at extra curricular activities. It is at these informal settings that parents express any concerns they might have. The SRO has sent their name and contact information home with students in the student code of conduct to encourage parental contact with them if needed. They also attend extra curricular activities that parents may attend.

The Anytown Public School system offers a wide variety of extra curricular activities that students can choose to be involved in, for example, civic organizations such as band, drama club, etc, and the following sporting activities for 9th through the 12th grade levels:

• Varsity Football
• JV Football
• Golf
• Girls Varsity and JV Volleyball
• Girls/boys Varsity Basketball
• Girls/Boys JV. Basketball
• Soccer
• Boys Wrestling
• Varsity Baseball
• JV Baseball
• Girls Softball
• Boys/girls Tennis
• Varsity Track

During the evaluation period of 2006 – 2008, the SRO or designee attended approximately 7 % of the extra curricular activities that are offered including all varsity home football games and all girls and boys’ home varsity basketball games. On-duty patrol officers attend some games as well until called away to respond to other incidents. The attendance by on-duty patrol officers augments the SRO’s attendance and supports safety at extra curricular activities. There are also several officers from the Anytown Police Department and other surrounding agencies who regular attend events in their off time due to their child being a participant or other to support the sports offered. The SRO attends all activities in which possible problems or other criminal activity has been brought to the attention of the SRO or school administration. The SRO’s number one priority is to ensure the safety of students, staff, and visitors while on campus when school is in session or during a school sponsored event: The school and police administration work diligently to ensure that all are provided with the best protection during critical times of the day without over extending the workload of the SRO.

The policy and procedures changed at the end of the 2005/2006 school year in the way school safety audits could be conducted (see Core Element #8 – School Safety Audit). Anytown Public Schools no longer utilized a formal school safety team to conduct their safety audits. During this evaluation period, Anytown Public Schools have met the requirement as set forth by the state code. Since the evaluation period began, the school safety audit has been conducted on-line by Jim Blaze, Director of Support Services. Mr. Blaze seeks input from the SRO, faculty and other staff members on any safety concerns they might have before the report is submitted to Virginia Center

12for School Safety, but they have not utilized a formal safety audit team. CPS Sgt. Brown and Jim Blaze, Director of Support Services, have discussed the importance of a formal school safety audit team and the school has agreed to implement the team concept by the end of the 2008/2009 school year that also involves the SRO in the school safety audit process (See Core Element #8 – School Safety Audit for further details).

NEW GOALS AND OBJECTIVES:

Goal: To increase the safety of the students, faculty and staff within the school by helping to provide a safer environment in which to learn, and by providing a positive resource to all.

Objectives:

1. Ensure SRO or other police officers are on campus 95% of school sessions.
2. Attend 5% of school extracurricular activities, like sports and clubs, monthly.
3. Conduct 15 student and/or parent counseling meetings monthly.
4. By the end of the 2010/2011 school year, survey all students, faculty, and staff at Anytown High School to evaluate the SRO's performance.
5. Ensure law enforcement participates annually in the School Safety Audit.

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