{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/9.1-509.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/9.1-509.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/9.1-509.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/9.1-509.html"}],"law_id":378724,"edition_id":2,"section_id":378724,"structure_id":53817,"section_number":"9.1-509","catch_line":"Conduct of investigation; notice of charges","history":"2018, cc. 761, 762.","full_text":"A\n\nWhenever an investigation focuses on matters that could lead to the dismissal, demotion, suspension, or transfer for punitive reasons of a correctional officer:\n\n1\n\nAny questioning shall take place at a reasonable time and place, preferably when the correctional officer under investigation is on duty; and\n\n2\n\nPrior to the questioning of the correctional officer, he shall be informed of (i) the name and job title of the investigator, (ii) the name and job title of any other individual to be present during the questioning, and (iii) the nature of the investigation.\n\nB\n\nAfter questioning pursuant to subsection A but before any dismissal, demotion, suspension, or transfer for punitive reasons may be imposed, the following rights shall be afforded:\n\n1\n\nThe correctional officer shall be notified in writing of all charges, the basis therefor, and the action that may be taken;\n\n2\n\nThe correctional officer shall be given an opportunity, within a reasonable time limit after the date of receipt of the written notice required by subdivision 1, to respond orally and in writing to the charges. The time limit shall be determined by the Department of Corrections, but in no event shall it be less than three calendar days unless agreed to by the correctional officer; and\n\n3\n\nIn making his response, the correctional officer may be assisted by counsel at his own expense or by a representative.\n\nC\n\nThe correctional officer shall also be given written notification of his right to initiate a grievance under the grievance procedure established by the Department of Human Resource Management or his right to request a hearing under this chapter. A copy of the grievance procedure, as well as instructions on how to proceed to a hearing under this chapter, shall be provided to the correctional officer upon his request.\n\nD\n\nNo provision of this section shall apply to any person conducting a criminal investigation or to any correctional officer under investigation for criminal conduct.\n\n","order_by":null,"text":{"0":{"id":1414395,"text":"Whenever an investigation focuses on matters that could lead to the dismissal, demotion, suspension, or transfer for punitive reasons of a correctional officer:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":1414396,"text":"Any questioning shall take place at a reasonable time and place, preferably when the correctional officer under investigation is on duty; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":1414397,"text":"Prior to the questioning of the correctional officer, he shall be informed of (i) the name and job title of the investigator, (ii) the name and job title of any other individual to be present during the questioning, and (iii) the nature of the investigation.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":1414398,"text":"After questioning pursuant to subsection A but before any dismissal, demotion, suspension, or transfer for punitive reasons may be imposed, the following rights shall be afforded:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":1414399,"text":"The correctional officer shall be notified in writing of all charges, the basis therefor, and the action that may be taken;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":1414400,"text":"The correctional officer shall be given an opportunity, within a reasonable time limit after the date of receipt of the written notice required by subdivision 1, to respond orally and in writing to the charges. The time limit shall be determined by the Department of Corrections, but in no event shall it be less than three calendar days unless agreed to by the correctional officer; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"6":{"id":1414401,"text":"In making his response, the correctional officer may be assisted by counsel at his own expense or by a representative.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"7":{"id":1414402,"text":"The correctional officer shall also be given written notification of his right to initiate a grievance under the grievance procedure established by the Department of Human Resource Management or his right to request a hearing under this chapter. A copy of the grievance procedure, as well as instructions on how to proceed to a hearing under this chapter, shall be provided to the correctional officer upon his request.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"8":{"id":1414403,"text":"No provision of this section shall apply to any person conducting a criminal investigation or to any correctional officer under investigation for criminal conduct.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":53817,"edition_id":2,"name":"Correctional Officer Procedural Guarantee Act","identifier":"5.1","label":"chapter","depth":2,"order_by":6,"parent_id":53785,"metadata":{"child_laws":5,"child_structures":0},"date_created":"2026-08-02 03:22:44","date_modified":"2026-08-02 12:28:42","permalink":{"id":1512417,"object_type":"structure","relational_id":53817,"identifier":"5.1","token":"9.1\/5.1","url":"\/9.1\/5.1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53785,"edition_id":2,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":36,"parent_id":null,"metadata":{"child_laws":258,"child_structures":36},"date_created":"2026-08-02 03:22:17","date_modified":"2026-08-02 12:28:39","permalink":{"id":1511489,"object_type":"structure","relational_id":53785,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378723,"structure_id":53817,"section_number":"9.1-508","catch_line":"Definitions","url":"\/9.1-508\/","token":"9.1\/5.1\/9.1-508","metadata":false},{"id":378724,"structure_id":53817,"section_number":"9.1-509","catch_line":"Conduct of investigation; notice of charges","url":"\/9.1-509\/","token":"9.1\/5.1\/9.1-509","metadata":false},{"id":378725,"structure_id":53817,"section_number":"9.1-510","catch_line":"Hearing; recommendations","url":"\/9.1-510\/","token":"9.1\/5.1\/9.1-510","metadata":false},{"id":378726,"structure_id":53817,"section_number":"9.1-511","catch_line":"Immediate suspension","url":"\/9.1-511\/","token":"9.1\/5.1\/9.1-511","metadata":false},{"id":378727,"structure_id":53817,"section_number":"9.1-512","catch_line":"Informal counseling not prohibited","url":"\/9.1-512\/","token":"9.1\/5.1\/9.1-512","metadata":false}],"previous_section":{"id":378723,"structure_id":53817,"section_number":"9.1-508","catch_line":"Definitions","url":"\/9.1-508\/","token":"9.1\/5.1\/9.1-508","metadata":false},"next_section":{"id":378725,"structure_id":53817,"section_number":"9.1-510","catch_line":"Hearing; recommendations","url":"\/9.1-510\/","token":"9.1\/5.1\/9.1-510","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-509\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapters 761<\/a> and 762<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":378725,"section_number":"9.1-510","catch_line":"Hearing; recommendations","order_by":null,"url":"\/9.1-510\/"}],"refers_to":false,"permalink":{"id":1512423,"object_type":"law","relational_id":378724,"identifier":"9.1-509","token":"9.1\/5.1\/9.1-509","url":"\/9.1-509\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/9.1-509\/","token":"9.1\/5.1\/9.1-509","dublin_core":{"Title":"Conduct of investigation; notice of charges","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-509","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever an investigation focuses on matters that could lead to the dismissal<\/span>, demotion, suspension, or transfer for punitive reasons of a correctional officer<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any questioning shall take place at a reasonable time and place, preferably when the correctional officer<\/span> under investigation is on duty; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prior to the questioning of the correctional officer<\/span>, he shall be informed of (i) the name and job title of the investigator, (ii) the name and job title of any other individual to be present during the questioning, and (iii) the nature of the investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After questioning pursuant to subsection A but before any dismissal<\/span>, demotion, suspension, or transfer for punitive reasons may be imposed, the following rights shall be afforded: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The correctional officer<\/span> shall be notified in writing of all charges, the basis therefor, and the action that may be taken; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

3.<\/span> In making his response, the correctional officer<\/span> may be assisted by counsel<\/span> at his own expense or by a representative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

D.<\/span> No provision of this section shall apply to any person conducting a criminal investigation or to any correctional officer<\/span> under investigation for criminal conduct. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDUCT OF INVESTIGATION; NOTICE OF CHARGES (\u00a7 9.1-509)\n\nA. Whenever an investigation focuses on matters that could lead to the\ndismissal, demotion, suspension, or transfer for punitive reasons of a\ncorrectional officer:\n\n 1. Any questioning shall take place at a reasonable time and place, preferably\n when the correctional officer under investigation is on duty; and\n\n 2. Prior to the questioning of the correctional officer, he shall be informed\n of (i) the name and job title of the investigator, (ii) the name and job title\n of any other individual to be present during the questioning, and (iii) the\n nature of the investigation.\n\nB. After questioning pursuant to subsection A but before any dismissal,\ndemotion, suspension, or transfer for punitive reasons may be imposed, the\nfollowing rights shall be afforded:\n\n 1. The correctional officer shall be notified in writing of all charges, the\n basis therefor, and the action that may be taken;\n\n 2. The correctional officer shall be given an opportunity, within a reasonable\n time limit after the date of receipt of the written notice required by\n subdivision 1, to respond orally and in writing to the charges. The time limit\n shall be determined by the Department of Corrections, but in no event shall it\n be less than three calendar days unless agreed to by the correctional officer;\n and\n\n 3. In making his response, the correctional officer may be assisted by counsel\n at his own expense or by a representative.\n\nC. The correctional officer shall also be given written notification of his\nright to initiate a grievance under the grievance procedure established by the\nDepartment of Human Resource Management or his right to request a hearing under\nthis chapter. A copy of the grievance procedure, as well as instructions on how\nto proceed to a hearing under this chapter, shall be provided to the\ncorrectional officer upon his request.\n\nD. No provision of this section shall apply to any person conducting a criminal\ninvestigation or to any correctional officer under investigation for criminal\nconduct.\n\nHISTORY: 2018, cc. 761, 762.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}