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S1028................................................by JUDICIARY AND RULES
POLICE OFFICER STANDARDS AND TRAINING COUNCIL - Amends existing law to
include the director of the Department of Juvenile Corrections on the Peace
Officer Standards and Training (POST) Council; and to authorize the POST
Council, upon recommendation of the Juvenile Training Council, to implement
minimum basic training for juvenile probation officers and minimum training
and certification standards for juvenile detention officers.
01/22 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to Jud
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/05 3rd rdg - PASSED - 30-0-5
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Ingram,
Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Geddes, Hawkins, Ipsen, Sandy, Twiggs
Floor Sponsor - Richardson
Title apvd - to House
02/08 House intro - 1st rdg - to Jud
03/12 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 64-1-5
AYES -- Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kendell,
Kunz, Limbaugh, Linford, Loertscher, Mader, Marley, McKague,
Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stone, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Alltus, Black, Hansen(29), Kempton, Lake
Floor Sponsor - Hammond
Title apvd - to Senate - to enrol
03/18 Rpt enrol - Pres signed - Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 154
Effective: 07/01/99
S1028|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1028 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL; AMENDING SECTION 3 19-5102, IDAHO CODE, TO PROVIDE CORRECT NOMENCLATURE AND TO INCLUDE THE 4 DIRECTOR OF THE DEPARTMENT OF JUVENILE CORRECTIONS OR HIS DESIGNEE AS A 5 MEMBER OF THE COUNCIL; AND AMENDING SECTION 19-5109, IDAHO CODE, TO AUTHO- 6 RIZE THE COUNCIL, UPON RECOMMENDATION OF THE JUVENILE TRAINING COUNCIL, TO 7 IMPLEMENT MINIMUM BASIC TRAINING FOR JUVENILE PROBATION OFFICERS AND MINI- 8 MUM TRAINING AND CERTIFICATION STANDARDS FOR JUVENILE DETENTION OFFICERS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 19-5102, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 19-5102. COUNCIL ESTABLISHED -- CHAIRMAN -- MEMBERS. There is hereby 13 established in the department of law enforcement the Idahopolice14 peace officer standards and training council. The chairman of the 15 council shall be appointed by the governor and shall be a voting member of the 16 council which shall be composed of the following members, and which shall 17 reflect a reasonable geographic balance throughout the state: 18 (a) Three (3) city chiefs of police or their designees; 19 (b) Three (3) county sheriffs or their designees; 20 (c) The director of the department of law enforcement or his designee; 21 (d) A county prosecuting attorney or his designee; 22 (e) The attorney general or his designee; 23 (f) The special agent in charge of the Idaho division of the federal 24 bureau of investigation or his designee; 25 (g) The director of the department of correction or his designee; 26 (h) The director of the fish and game department or his designee;27and28 (i) The director of the department of juvenile corrections or his 29 designee; and 30 (j) In addition, there shall be advisory to the council, as ex 31 officio nonvoting members of the council, the executive directors of the Idaho 32 association of counties and association of Idaho cities. 33 SECTION 2. That Section 19-5109, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND 36 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (a) It shall be 37 the duty of and the council shall have the power: 38 (1) To establish the requirements of minimum basic training which peace 39 officers shall complete in order to be eligible for permanent employment 40 as peace officers, and the time within which such basic training must be 41 completed. 2 1 (2) To establish the requirements of minimum education and training stan- 2 dards for employment as a peace officer in probationary, temporary, part- 3 time, and/or emergency positions. 4 (3) To establish the length of time a peace officer may serve in a proba- 5 tionary, temporary, and/or emergency position. 6 (4) To approve, deny approval or revoke the approval of any institution 7 or school established by the state or any political subdivision or any 8 other party for the training of peace officers. 9 (5) To establish the minimum requirements of courses of study, atten- 10 dance, equipment, facilities of all approved schools, and the scholastic 11 requirement, experience and training of instructors at all approved 12 schools. 13 (6) To establish such other requirements for employment, retention and 14 promotion of peace officers, including minimum age, physical and mental 15 standards, citizenship, moral character, experience and such other matters 16 as relate to the competence and reliability of peace officers. 17 (7) To certify peace officers as having completed all requirements estab- 18 lished by the council in order to be eligible for permanent employment as 19 peace officers in this state. 20 (8) To receive and file for record copies of merit regulations or local 21 ordinances passed by any political subdivision. 22 (9) To maintain permanent files and transcripts for all peace officers 23 certified by the council to include any additional courses or advance 24 courses of instruction successfully completed by such peace officers while 25 employed in this state. 26 (10) To receive applications for financial assistance from the state and 27 from political subdivisions and disburse available state funds to the 28 state and to political subdivisions for salaries and allowable living 29 expenses or any part thereof, as authorized by the council, incurred while 30 in attendance at approved training programs and schools. The annual reim- 31 bursements authorized by this section shall not exceed the funds available 32 for such purpose and authorized by section 31-3201B, Idaho Code. 33 (11) To allow apolicepeace officer of a feder- 34 ally recognized Indian tribe within the boundaries of this state to attend 35 the peace officer standards and training academy if saidpolice36peace officer meets minimum physical and educational 37 requirements of the academy. The Indian tribal law enforcement agency 38 shall reimburse the peace officer standards and training academy for the 39 officer's training. Upon satisfactory completion of the peace officer 40 standards and training academy, the tribalpolicepeace 41 officer shall receive a certificate of satisfactorily completing 42 the academy. 43 (b) After January 1, 1974, any peace officer as defined in section 44 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected 45 official, any deputy sheriff working as a detention officer in the county 46 jail, or serving civil process, the superintendent of the Idaho state police, 47 or any person serving under a temporary commission with any law enforcement 48 agency in times of natural or man-caused disaster declared to be an emergency 49 by the board of county commissioners or by the governor of the state of Idaho, 50 or those peace officers whose primary duties involve motor vehicle parking and 51 animal control pursuant to city or county ordinance, or any peace officer act- 52 ing under a special deputy commission from the department of law enforcement, 53 shall be certified by the council within one (1) year of employment; provided, 54 however, that the council may establish criteria different than that required 55 of other peace officers for certification of city police chiefs or administra- 3 1 tors within state agencies having law enforcement powers, who, because of the 2 number of full-time peace officers they supervise, have duties which are pri- 3 marily administrative. Any such chief of police or state agency administrator 4 employed in such capacity prior to July 1, 1987, shall be exempt from certifi- 5 cation. 6 (c) No peace officer shall have or exercise any power granted by any 7 statute of this state to peace officers unless such person shall have been 8 certified by the council within one (1) year of the date upon which such per- 9 son commenced employment as a peace officer, except in cases where the coun- 10 cil, for good cause and in writing, has granted additional time to complete 11 such training. The council may decertify any officer who pleads guilty or is 12 found guilty, regardless of the form of judgment or withheld judgment of: 13 (1) Any felony or offense which would be a felony if committed in this 14 state; 15 (2) Any misdemeanor; 16 (3) Any unlawful use, possession, sale or delivery of any controlled sub- 17 stance; or who 18 (4) Willfully or otherwise falsifies or omits any information to obtain 19 any certified status; or who 20 (5) Violates any of the standards of conduct as established by the 21 council's code of ethics, as adopted and amended by the council. 22 All proceedings taken by the council shall be done in accordance with 23 chapter 52, title 67, Idaho Code. 24 (d) Any law enforcement agency as defined in section 19-5101(c), Idaho 25 Code, in which any peace officer shall resign as a result of any disciplinary 26 action or in which a peace officer's employment is terminated as a result of 27 any disciplinary action, shall, within thirty (30) days of such action, make a 28 report to the council. 29 (e) The council shall, pursuant to the requirements of this section, 30 establish minimum basic training and certification standards for county deten- 31 tion officers that can be completed within one (1) year of employment as a 32 county detention officer. 33 (f) The council may, upon recommendation of the juvenile training 34 council and pursuant to the requirements of this section, implement minimum 35 basic training for juvenile probation officers and implement minimum training 36 and certification standards for juvenile detention officers.
STATEMENT OF PURPOSE
RS08520
The proposed amendment to Idaho Code 19-5102 will allow the Director of the
Department of Juvenile Corrections, or his designee, to act as a voting member of the
Peace Officer's Standards and Training Council. His membership is necessary to ensure
implementation of training for juvenile probation officers and juvenile detention
officers.
FISCAL IMPACT
None.
Contact Person:
Brent D. Reinke, Director
Department of Juvenile Corrections
Phone: 334-5100, ex. 102
FAX: 334-5120
S 1028