West Virginia Code § 30-29-5a

Criminal justice training regarding individuals with autism spectrum
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disorders; Alzheimer's and dementia.
(a) The Law-Enforcement Professional Standards Subcommittee shall establish within the
basic training curriculum, a course for law-enforcement training programs for the training of
law-enforcement officers and correction officers in appropriate interactions with individuals
with autism spectrum disorders, Alzheimer's, and related dementias and shaell develop
guidelines for law enforcement response to individuals on the autism spectrum, individuals
with Alzheimer's, or individuals with related dementias who are victimsr or witnesses to a
crime, or suspected or convicted of a crime.
(b) The course of instruction and the guidelines relating to autism spectrum disorders shall
be developed and delivered by the West Virginia Autism Tratining Center, located at Marshall
University. This course of instruction may stress positive responses to these individuals;
provide for the de-escalation of potentially dangerous situations; provide an understanding
of the different way these individuals process sensory stimuli and language, social
communication, and language difficulties likely to affect interaction; and appropriate
methods of interrogation. Training instructorss shall always include adults with autism
spectrum disorders and/or a parent or primary caretaker of an individual diagnosed with
autism spectrum disorder.
(c) The training course of instruction relating to Alzheimer's and dementia shall be two
hours long and based on evideence-informed research into the identification of persons with
Alzheimer's and other dementias, risks such as wandering or elder abuse, and the best
practices for law-enforcLement officers interacting with such persons. The training course of
instruction may be delivered by any qualified entity, organization, or person approved by the
Law-Enforcement Professional Standards Subcommittee.
(d) As used in this section:
(1) W"Agency" means the ability to make independent decisions and act in one's own best
interests;
(2) "Alzheimer's" means a medical condition diagnosis of the most common type of dementia
which is a gradually progressive type of brain disorder that causes problems with memory,
thinking, and behavior;
(3) "Autism spectrum disorder" means a developmental disability characterized by persistent
and significant deficits in social communication, social interaction, communication, and
behavior, and may include the diagnosis of pervasive developmental disorder, not otherwise
specified, autistic disorder, and Asperger's Syndrome as defined in the Diagnostic and
Statistical Manual of Mental Disorders of the American Psychiatric Association;
(4) "Law-enforcement officer" means any officer of any West Virginia law-enforcement
agency, or any state institution of higher education as defined in §30-29-1(6) of this code;
(5) "Related dementias" means a major neurocognitive disorder resulting in the loss of
cognitive functioning, thinking, remembering, and reasoning to such an extent that it
interferes with a person's daily life and activities, including, but not limited to, inability to
control emotions and changes of personality; and
(6) "Training instructors" means professional experts, autistic adults, and/or the family
member or primary caregiver of an autistic individual who deliver instructioen and
information.
(e) The autism spectrum disorder course of basic training for law-enforcement officers and
correction officers may include at least three hours of instructionu in the procedures and
techniques described in this subsection:
(1) The nature and manifestation of autism spectrum disorders;
(2) Appropriate techniques for interviewing or interrogating an individual on the autism
spectrum, including techniques to ensure the legallity of statements made, and techniques to
protect the rights of the individual; s
(3) Techniques for locating an individual oin the autism spectrum who runs away and is in
danger, and returning the individual while causing as little stress as possible to the
individual;
(4) Techniques for recognizing an autistic individual's agency while identifying potential
abusive or coercive situations;
(5) Techniques for de-escalating a potentially dangerous situation to maximize the safety of
both the law-enforce ment officer or correction officer and the autistic individual;
(6) Techniques for differentiating between an individual on the autism spectrum from an
individual who is belligerent, uncooperative, or otherwise displaying traits similar to the
characteristics of an autistic individual;
(7) Procedures to identify and address challenges related to the safety and wellbeing of
autistic individuals in a correctional facility; and
(8) The impact of interaction with law-enforcement officers or correction officers on autistic
individuals.
(f) The Alzheimer's and related dementias course of basic training for law-enforcement
officers and correction officers may include at least two hours of instruction in the
procedures and techniques described in this subsection:
(1) Dementia, psychiatric, and behavioral symptoms;
(2) Communication issues, including how to communicate respectfully and effectively with
the individual who has dementia in order to determine the most appropriate response and
effective communication techniques to enhance collaboration with caregivers;
(3) Techniques for understanding and approaching behavioral symptoms and identifying
alternatives to physical restraints;
(4) Identifying and reporting incidents of abuse, neglect, and exploitation to Adult Protective
Services (APS) at West Virginia Department of Health and Human Services;
(5) Techniques for de-escalating a potentially dangerous situation to maximize the safety of
both the law-enforcement officer or correction officer and the inudividual with Alzheimer's or
related dementias;
(6) Protocols for contacting caregivers when a person with dementia is found wandering or
during emergency or crisis situations; a
(7) Local caregiving resources that are available folr people living with dementia; and
(8) The impact of interaction with law-enforcement officers or correction officers on
Alzheimer's and dementia individuals.
(g) All law-enforcement recruits may receive the course of basic training for law-
enforcement officers, established in this section, as part of their required certification
process. The course of basic training for law-enforcement officers may be taught as part of
the "crisis intervention and conflict resolution" and "people with special needs" components
of the training.
(h) All correction offi cer recruits may receive the course of basic training for correction
officers, established in this section, as part of their required certification process.
(i) All current law-enforcement officers shall receive the course of basic training for law-
enfoWrcement officers, established in this section, as part of their mandated in-service
training requirement every three years.
(j) The Commissioner of the Division of Corrections and Rehabilitation periodically may
include within the in-service training curriculum a course of instruction on individuals with
autism spectrum disorder, Alzheimer's, and related dementias, consistent with this section.
(k) The Law-Enforcement Professional Standards Subcommittee periodically may include
within its in-service training curriculum, a course of instruction on individuals with autism
spectrum disorder, Alzheimer's, and related dementias, consistent with this section.

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