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H0417........................................................by MR. SPEAKER
Requested by: Idaho Association of Counties
COUNTY SHERIFFS - QUALIFICATIONS - Amends existing law to provide minimum
qualifications to run for county sheriff.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Jud
H0417|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 417 BY MR. SPEAKER Requested by: Idaho Association of Counties 1 AN ACT 2 RELATING TO QUALIFICATIONS FOR SHERIFF; AMENDING SECTION 19-5109, IDAHO CODE, 3 TO PROVIDE FOR A LEVEL OF TRAINING FOR COUNTY SHERIFFS; AND AMENDING CHAP- 4 TER 22, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-2208, 5 IDAHO CODE, TO PROVIDE FOR QUALIFICATIONS TO RUN FOR THE OFFICE OF COUNTY 6 SHERIFF. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 19-5109, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND 11 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (a) It shall be 12 the duty of and the council shall have the power: 13 (1) To establish the requirements of minimum basic training which peace 14 officers shall complete in order to be eligible for permanent employment 15 as peace officers, and the time within which such basic training must be 16 completed. 17 (2) To establish the requirements of minimum education and training stan- 18 dards for employment as a peace officer in probationary, temporary, part- 19 time, and/or emergency positions. 20 (3) To establish the length of time a peace officer may serve in a proba- 21 tionary, temporary, and/or emergency position. 22 (4) To approve, deny approval or revoke the approval of any institution 23 or school established by the state or any political subdivision or any 24 other party for the training of peace officers. 25 (5) To establish the minimum requirements of courses of study, atten- 26 dance, equipment, facilities of all approved schools, and the scholastic 27 requirement, experience and training of instructors at all approved 28 schools. 29 (6) To establish such other requirements for employment, retention and 30 promotion of peace officers, including minimum age, physical and mental 31 standards, citizenship, moral character, experience and such other matters 32 as relate to the competence and reliability of peace officers. 33 (7) To certify peace officers as having completed all requirements estab- 34 lished by the council in order to be eligible for permanent employment as 35 peace officers in this state. 36 (8) To receive and file for record copies of merit regulations or local 37 ordinances passed by any political subdivision. 38 (9) To maintain permanent files and transcripts for all peace officers 39 certified by the council to include any additional courses or advance 40 courses of instruction successfully completed by such peace officers while 41 employed in this state. 42 (10) To receive applications for financial assistance from the state and 43 from political subdivisions and disburse available state funds to the 2 1 state and to political subdivisions for salaries and allowable living 2 expenses or any part thereof, as authorized by the council, incurred while 3 in attendance at approved training programs and schools. The annual reim- 4 bursements authorized by this section shall not exceed the funds available 5 for such purpose and authorized by section 31-3201B, Idaho Code. 6 (11) To allow a police officer of a federally recognized Indian tribe 7 within the boundaries of this state to attend the peace officer standards 8 and training academy if said police officer meets minimum physical and 9 educational requirements of the academy. The Indian tribal law enforcement 10 agency shall reimburse the peace officer standards and training academy 11 for the officer's training. Upon satisfactory completion of the peace 12 officer standards and training academy, the tribal police officer shall 13 receive a certificate of satisfactorily completing the academy. 14 (b) After January 1, 1974, any peace officer as defined in section 15 19-5101(d), Idaho Code, employed after January 1, 1974, exceptany16elected official,any deputy sheriff working as a detention officer in 17 the county jail, or serving civil process, the superintendent of the Idaho 18 state police, or any person serving under a temporary commission with any law 19 enforcement agency in times of natural or man-caused disaster declared to be 20 an emergency by the board of county commissioners or by the governor of the 21 state of Idaho, or those peace officers whose primary duties involve motor 22 vehicle parking and animal control pursuant to city or county ordinance, or 23 any peace officer acting under a special deputy commission from the department 24 of law enforcement, shall be certified by the council within one (1) year of 25 employment;. After January 1, 2000, county sheriffs shall 26 meet the provisions set forth in section 31-2208, Idaho Code.27provided, however, that tT he council may establish crite- 28 ria different than that required of other peace officers for certification of 29 city police chiefs , county sheriffs or administrators within 30 state agencies having law enforcement powers, who, because of the number of 31 full-time peace officers they supervise, have duties which are primarily 32 administrative. Any such chief of police or state agency administrator 33 employed in such capacity prior to July 1, 1987, shall be exempt from certifi- 34 cation. 35 (c) No peace officer shall have or exercise any power granted by any 36 statute of this state to peace officers unless such person shall have been 37 certified by the council within one (1) year of the date upon which such per- 38 son commenced employment as a peace officer, except in cases where the coun- 39 cil, for good cause and in writing, has granted additional time to complete 40 such training. The council may decertify any officer who pleads guilty or is 41 found guilty, regardless of the form of judgment or withheld judgment of: 42 (1) Any felony or offense which would be a felony if committed in this 43 state; 44 (2) Any misdemeanor; 45 (3) Any unlawful use, possession, sale or delivery of any controlled sub- 46 stance; or who 47 (4) Willfully or otherwise falsifies or omits any information to obtain 48 any certified status; or who 49 (5) Violates any of the standards of conduct as established by the 50 council's code of ethics, as adopted and amended by the council. 51 All proceedings taken by the council shall be done in accordance with 52 chapter 52, title 67, Idaho Code. 53 (d) Any law enforcement agency as defined in section 19-5101(c), Idaho 54 Code, in which any peace officer shall resign as a result of any disciplinary 55 action or in which a peace officer's employment is terminated as a result of 3 1 any disciplinary action, shall, within thirty (30) days of such action, make a 2 report to the council. 3 (e) The council shall, pursuant to the requirements of this section, 4 establish minimum basic training and certification standards for county deten- 5 tion officers that can be completed within one (1) year of employment as a 6 county detention officer. 7 SECTION 2. That Chapter 22, Title 31, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION , to be 9 known and designated as Section 31-2208, Idaho Code, and to read as follows: 10 31-2208. QUALIFICATIONS FOR THE OFFICE OF SHERIFF. (1) The legislature 11 declares it to be in the best interests of the citizens of this state that 12 qualifications and standards for the office of sheriff be determined and set 13 so as to improve both the capabilities and level of training of those persons 14 who hold the office of sheriff. With the increase of crime continuing as a 15 major social problem in this state, and with the understanding that sheriffs 16 are the primary law enforcement officers of the counties of this state, it is 17 declared to be the intent of the legislature that proper qualifications and 18 standards be required of the persons holding the offices of sheriff so as to 19 increase the effectiveness and capabilities of the sheriffs of this state as 20 law enforcement officers. 21 (2) After January 1, 2000, no person, either elected or appointed, shall 22 be eligible to qualify for the office of sheriff who does not meet the follow- 23 ing criteria at the time he assumes the office of sheriff: 24 (a) Is a citizen of the United States; 25 (b) Is a registered voter; 26 (c) Is twenty-one (21) years of age or older prior to the date of his 27 qualifying for election to the office; 28 (d) Has at least four (4) years experience as a full-time peace officer; 29 (e) Has prior certification by Idaho peace officer standards and training 30 (POST) as a peace officer subject to the provisions of section 19-5109(c), 31 Idaho Code, or is eligible for certification by Idaho POST as a peace 32 officer.
STATEMENT OF PURPOSE
RS 07323
The purpose of this legislation is to provide for minimal qualifications for the office of
sheriff. Currently, there are no requirements for the office of sheriff, not even a criminal
background check. The Idaho Sheriffs' Association feels it is time to ensure that sheriffs have
certain primary law enforcement experience and do not have criminal backgrounds.
FISCAL IMPACT
There is no fiscal impact to the state or its political subdivisions.
CONTACT: Idaho Association of Counties 345-9126
Dan Chadwick, Tony Poinelli, Lorna Jorgensen
STATEMENT OF PURPOSE/FISCAL IMPACT
H 417