76773637.2-314Virginia Decodedhttps://vacode.org2016Behavioral Health And Developmental ServicesGeneral ProvisionsDepartment Of Behavioral Health And Developmental ServicesThe Department And The CommissionerBackground check required1996, cc. 881, 927, § 37.1-20.3; 1999, c. 685; 2005, c. 716; 2012, cc. 383, 476, 507.http://law.lis.virginia.gov/vacode/37.2-314/16.1-253.2Violation of provisions of protective orders; penalty/16.1-253.2/18.2-247Use of terms "controlled substances," "marijuana," "Schedules I, II, III, IV, V and VI," "imitation controlled substance" and "counterfeit controlled substance" in Title 18.2/18.2-247/18.2-286.1Shooting from vehicles so as to endanger persons; penalty/18.2-286.1/18.2-289Use of machine gun for crime of violence/18.2-289/18.2-290Use of machine gun for aggressive purpose/18.2-290/18.2-30Murder and manslaughter declared felonies/18.2-30/18.2-300Possession or use of "sawed-off" shotgun or rifle/18.2-300/18.2-314Failing to secure medical attention for injured child/18.2-314/18.2-355Taking, detaining, etc., person for prostitution, etc., or consenting thereto; human trafficking/18.2-355/18.2-361Crimes against nature; penalty/18.2-361/18.2-366Adultery and fornication by persons forbidden to marry; incest/18.2-366/18.2-369Abuse and neglect of incapacitated adults; penalty/18.2-369/18.2-370Taking indecent liberties with children; penalties/18.2-370/18.2-370.1Taking indecent liberties with child by person in custodial or supervisory relationship; penalties/18.2-370.1/18.2-371.1Abuse and neglect of children; penalty; abandoned infant/18.2-371.1/18.2-372"Obscene" defined/18.2-372/18.2-374.1Production, publication, sale, financing, etc., of child pornography; presumption as to age/18.2-374.1/18.2-374.1:1Possession, reproduction, distribution, solicitation, and facilitation of child pornography; penalty/18.2-374.1:1/18.2-374.3Use of communications systems to facilitate certain offenses involving children/18.2-374.3/18.2-379Employing or permitting minor to assist in offense under article/18.2-379/18.2-41Shooting, stabbing, etc., with intent to maim, kill, etc., by mob/18.2-41/18.2-47Abduction and kidnapping defined; punishment/18.2-47/18.2-474.1Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons/18.2-474.1/18.2-477Prisoner escaping from jail; how punished/18.2-477/18.2-48Abduction with intent to extort money or for immoral purpose/18.2-48/18.2-51Shooting, stabbing, etc., with intent to maim, kill, etc/18.2-51/18.2-58How punished/18.2-58/18.2-58.1Carjacking; penalty/18.2-58.1/18.2-59Extortion of money, property or pecuniary benefit/18.2-59/18.2-60Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty/18.2-60/18.2-60.3Stalking; penalty/18.2-60.3/18.2-60.4Violation of protective orders; penalty/18.2-60.4/18.2-61Rape/18.2-61/18.2-77Burning or destroying dwelling house, etc/18.2-77/18.2-89Burglary; how punished/18.2-89/53.1-203Felonies by prisoners; penalties/53.1-203/63.2-1515Central registry; disclosure of information/63.2-1515//37.2-314/37.2/1/3/1/37.2-31437.2-416For purposes of clause (i) of subsection A, the Department shall not hire for compensated employment persons who have been (i) convicted of a felony violation of a protective order as set out in § 16.1-253.2; murder or manslaughter, as set out in Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2; malicious wounding by mob, as set out in § 18.2-41; abduction, as set out in subsection A or B of § 18.2-47; abduction for immoral purposes, as set out in § 18.2-48; assault and bodily wounding, as set out in Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2; robbery, as set out in § 18.2-58; carjacking, as set out § 18.2-58.1; extortion by threat, as set out in § 18.2-59; threat, as set out in § 18.2-60; any felony stalking violation, as set out in § 18.2-60.3; a felony violation of a protective order as set out in § 18.2-60.4; sexual assault, as set out in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2; arson, as set out in Article 1 (§ 18.2-77 et seq.) of Chapter 5 of Title 18.2; burglary, as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title 18.2; any felony violation relating to distribution of drugs, as set out in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2; drive-by shooting, as set out in § 18.2-286.1; use of a machine gun in a crime of violence, as set out in § 18.2-289; aggressive use of a machine gun, as set out in § 18.2-290; use of a sawed-off shotgun in a crime of violence, as set out in subsection A of § 18.2-300; pandering, as set out in § 18.2-355; crimes against nature involving children, as set out in § 18.2-361; taking indecent liberties with children, as set out in § 18.2-370 or 18.2-370.1; abuse or neglect of children, as set out in § 18.2-371.1, including failing to secure medical attention for an injured child, as set out in § 18.2-314; obscenity offenses, as set out in § 18.2-374.1; possession of child pornography, as set out in § 18.2-374.1:1; electronic facilitation of pornography, as set out in § 18.2-374.3; incest, as set out in § 18.2-366; abuse or neglect of incapacitated adults, as set out in § 18.2-369; employing or permitting a minor to assist in an act constituting an offense under Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, as set out in § 18.2-379; delivery of drugs to prisoners, as set out in § 18.2-474.1; escape from jail, as set out in § 18.2-477; felonies by prisoners, as set out in § 53.1-203; or an equivalent offense in another state; (ii) convicted of any felony violation relating to possession of drugs, as set out in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, in the five years prior to the application date for employment; or (iii) convicted of any felony violation relating to possession of drugs, as set out in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, and continue on probation or parole or have failed to pay required court costs.sectionBB1Those applicants listed in clause (i) of subsection A also shall provide to the state facility or Department a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on them.sectionDD1The Board may adopt regulations to comply with the provisions of this section. Copies of any information received by the state facility or Department pursuant to this section shall be available to the Department and to the applicable state facility but shall not be disseminated further, except as permitted by state or federal law. The cost of obtaining the criminal history record and the central registry information shall be borne by the applicant, unless the Department or state facility decides to pay the cost.sectionEE1