Many of Virginia's law enforcement training facilities are under funded for providing the full range of training which should be available to Virginia's law enforcement officers. Over the last few years, some funding for the Criminal Justice Training Academies actually has decreased. As a result, some of the academies do not have all of the latest equipment on which to train the officers, or sufficient staff or facilities to fully train cadets and sworn officers.
The key components of law enforcement training is in the initial academy stage. It is in the academy where new cadets learn the proper techniques for arrest, including the proper use of force; where they learn what is legally necessary for a proper stop; what is probable cause; how to drive a police cruiser to maximize officer and citizen safety while maintaining a chase; as well as where they learn how to handle a variety of weapons. New cadets in the training academies must be properly and thoroughly trained in the academy both for the officer's individual safety, as well as for the department's protection. If the cadet is not properly trained, the department may face significant legal liability in an excessive force suit, illegal arrest complaint, or other civil rights violation claim.
It is, of course, crucial that sworn law enforcement officers in Virginia stay on top of the latest innovations. Criminals become increasingly savvy with the development of high-tech computers, counter-surveillance electronic devices, and other state of the art equipment. Not only has detecting computer fraud and on-line illegal conduct become a full time job for some police officers, but departments need to be current with computer security to protect their own equipment. Further with the sprouting up of "spy" shops in area malls and local shopping centers, access to hidden cameras, electronic listening devices and other technology, criminals have easy and legal access to this high-tech equipment which they can use to avoid detection by the police.
Virginia law enforcement officers will be at a distinct disadvantage if they are not trained on the latest computer equipment, weapons equipment, safety equipment or other state of the art law enforcement technology. Virginia's training academies today do not have sufficient resources to ensure that all new recruits and existing sworn officers will remain current in the latest developments in technology and law enforcement.
This Bill is designed to provide every training facility for every city, town, county or sheriff's department law enforcement officers with increased funding towards improving the scope of, quality of and facilities for training. The Bill would create a new fund entitled the "Law Enforcement Fund for Training" (LEFT) from one percent (1%) of all revenues generated by moving traffic violations. Therefore, the increased funding will be financed by the persons who violate the laws that law enforcement officers are trained to enforce. This fund would then be disbursed by the Commonwealth's Criminal Justice Department on a proportionate basis based on the number of law enforcement officers in the department. If the department participates in a criminal justice training academy, the academy would receive the funding directly, on the department's behalf. If the department conducts its own training, the department would receive the funding on the condition that it be used for training purposes. The Academies and the Departments would be left with complete discretion in deciding what type of training or improved training facilities would be provided with the funds.
A Bill to amend Title 14, Article 10, to add new sections 14.1-85.1 through 14.1-85.5 of the Virginia Code. Be it enacted by the General Assembly of Virginia:
1. That § 14.1-85.1 through 14.1-85.5 of the Code of Virginia is amended and reenacted as follows:
§ 14.1-85.1. State Treasury to Establish "Law Enforcement Fund for Training."
A. The Department of the Treasury shall establish a Law Enforcement Fund for Training ("LEFT") by depositing no later than June 30, 1997 one percent (1%) of all revenues generated from fines collected for moving traffic violations during fiscal year 1996-1997 into a special account entitled Law Enforcement Fund for Training. Each year thereafter, the Department of the Treasury shall on or before June 30 of each year deposited one percent (1%) of all revenues generated from fines collected for moving traffic violations during that fiscal year into the LEFT account.
B. Each locality in the Commonwealth authorized to levy fines for moving traffic violations shall send to the Treasurer of the Commonwealth on or before June 30 of each year, one percent (1%) of all revenues generated during that fiscal year from the fines collected for moving traffic violations, whether violations of a state or local law, regulation or ordinance. The Treasurer of the Commonwealth shall deposit said amounts in the LEFT account.
14.1-85.2 Local governments to receive LEFT funds for law enforcement training.
The Department of Treasury of the Commonwealth shall disburse funds to cities, towns, counties, sheriffs' departments and regional training academies to aid in the law-enforcement training expenditures of those local governments, pursuant to the terms of this article.
14.1-85.3 Method of distribution of funds.
A. Each town, city, county or sheriff's department shall receive a per capita share of the LEFT funds based on the number of sworn law enforcement officers employed on July 1 of the preceding fiscal year.
B. In any town, city or county which has both a police department and a sheriff's department, the town, city or county will receive its per capita share based on the number of sworn law enforcement officers employed by the police department on July 1 of the preceding fiscal year. The Sheriff's department will receive its per capita share based on the number of sworn law enforcement officers employed by the sheriff's department on July 1 of the preceding fiscal year. In no event may a town, city or county receive credit for both police officers and sheriff's deputies if the sheriff's department simultaneously receives credit for its deputies.
14.1-85.4 Limitations on use of funds.
A. The Department of Treasury shall disburse the funds on or before July 1 of each fiscal year.
B. If the town, city, county or sheriff's department participates in one of the regional training academies established pursuant to Section 15.1-159.7:1, the Department of Treasury shall disburse the funds on behalf of the town, city, county or sheriff's department directly to the regional training academy.
C. If the town, city, county or sheriff's department does not participate in one of the regional training academies, the Department of Treasury shall disburse the funds directly to the town, city, county or sheriff's department. The funds must be used by the town, city, county or sheriff's department for the purposes of training the law enforcement personnel whether it is for training new recruits or for supplemental training for sworn law enforcement officers.
14.1-85.5 Intent of legislature to improve training facilities
It is the intent of the Virginia legislature to improve the existing training facilities and programs for law enforcement officers in Virginia. This section is designed to supplement existing training facilities and programs rather than to simply replace current funding.