The Code of Virginia § 52-4.5, § 15.2-1723.2, and § 23.1-815.1 require the Virginia State Police, and local and campus police chiefs to collect and publicly post, by April 1 of each year, specified information on their use of Facial Recognition Technology (FRT). Furthermore, SB741 (2022 Reconvened General Assembly Session), directed the Virginia Department of Criminal Justice Services (DCJS) to analyze the specified FRT use data posted by police departments (PDs) and to then produce a report on such use by November of 2025, including recommendations regarding various aspects of FRT use. This report is submitted by DCJS in response to the SB741 directive.

To gather FRT use data, DCJS established a site at which PDs could electronically report their required data. Additionally, DCJS examined PD websites where departments could publicly post their FRT use data. In May of CY2025, DCJS examined FRT use data reported by PDs for CY2023–2024.

This examination showed that no Virginia police departments had reported using FRT during CY2023–CY2024. Because no PDs reported using FRT, no analysis of FRT use information is presented in this report, nor does DCJS present any recommendations regarding the use of FRT by PDs.

Because no PDs reported using FRT, DCJS sought additional information to determine possible reasons why this was the case. It was thought that understanding why PDs chose not to use FRT, given that its use was now authorized by Code, would be useful for any future policy or legislative considerations regarding the use of FRT.

In May–June of 2025, DCJS electronically surveyed 199 Virginia local and campus PDs asking them to provide information about their use (or lack of use) of FRT and their reasons for not using FRT. 164 (82%) PDs responded to the survey. Ten unusable surveys were deleted, leaving 154 PDs in the analysis presented in this report.

The major finding of the survey was that the vast majority, 151 (97%) of the 154 PDs, stated that they did not use FRT during CY2023–2024. Three of the 154 PDs stated that they had used FRT during CY2023–CY2024. Two of these PDs stated that they did not electronically report their FRT use data because it involved ongoing investigations and reporting the data could jeopardize the investigation (Code allows PDs to withhold reporting for this reason). The one remaining PD stated that it was unaware of the requirement to report its FRT use data.

The most frequent reasons PDs gave for not using FRT during CY2023–CY2024 were:

1) Not having the financial resources

2) No particular reason, simply never considered using FRT

3) Not having the personnel resources

4) Did not think FRT would be useful or necessary for types of investigations the department typically conducts

Other less frequently cited reasons for not using FRT included having other priorities, difficulty complying with Commonwealth’s FRT policy and reporting requirements, and negative public perceptions of surveillance technology.

132 PDs stated that they probably would not consider or investigate using FRT within the next 24 months, and 26 PDs stated that they might consider using FRT within the next 24 months.