2000 Legislation
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HOUSE BILL NO. 441 – POST, detention officer not exempt


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Daily Data Tracking History

H0441................................by JUDICIARY, RULES AND ADMINISTRATION
DETENTION OFFICERS - POST - Amends existing law to delete obsolete language
exempting detention officers from Peace Officer Standards and Training
(POST) certification.
01/26    House intro - 1st rdg - to printing
01/27    Rpt prt - to Jud
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 63-0-7
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Chase, Cheirrett, Clark, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Henbest, Hornbeck, Jaquet, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail(Miller),
      Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Barrett, Campbell, Crow, Hansen(29), Jones,
      Linford, Moss
    Floor Sponsor - Judd
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Richardson
    Title apvd - to House
03/27    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
    Governor signed
         Session Law Chapter 113
         Effective: 07/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 441
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 19-5109, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
 10    the duty of and the council shall have the power:
 11        (1)  To  establish  the requirements of minimum basic training which peace
 12        officers shall complete in order to be eligible for  permanent  employment
 13        as  peace  officers, and the time within which such basic training must be
 14        completed.
 15        (2)  To establish the requirements of minimum education and training stan-
 16        dards for employment as a peace officer in probationary, temporary,  part-
 17        time, and/or emergency positions.
 18        (3)  To establish the length of time a peace officer may serve in a proba-
 19        tionary, temporary, and/or emergency position.
 20        (4)  To  approve,  deny approval or revoke the approval of any institution
 21        or school established by the state or any  political  subdivision  or  any
 22        other party for the training of peace officers.
 23        (5)  To  establish  the  minimum  requirements of courses of study, atten-
 24        dance, equipment, facilities of all approved schools, and  the  scholastic
 25        requirement,  experience  and  training  of  instructors  at  all approved
 26        schools.
 27        (6)  To establish such other requirements for  employment,  retention  and
 28        promotion  of  peace  officers, including minimum age, physical and mental
 29        standards, citizenship, moral character, experience and such other matters
 30        as relate to the competence and reliability of peace officers.
 31        (7)  To certify peace officers as having completed all requirements estab-
 32        lished by the council in order to be eligible for permanent employment  as
 33        peace officers in this state.
 34        (8)  To  receive  and file for record copies of merit regulations or local
 35        ordinances passed by any political subdivision.
 36        (9)  To maintain permanent files and transcripts for  all  peace  officers
 37        certified  by  the  council  to  include any additional courses or advance
 38        courses of instruction successfully completed by such peace officers while
 39        employed in this state.
 40        (10) To receive applications for financial assistance from the  state  and
 41        from  political  subdivisions  and  disburse  available state funds to the
 42        state and to political subdivisions  for  salaries  and  allowable  living
 43        expenses or any part thereof, as authorized by the council, incurred while
  1        in  attendance at approved training programs and schools. The annual reim-
  2        bursements authorized by this section shall not exceed the funds available
  3        for such purpose and authorized by section 31-3201B, Idaho Code.
  4        (11) To allow a peace officer  of  a  federally  recognized  Indian  tribe
  5        within  the boundaries of this state to attend the peace officer standards
  6        and training academy if said peace officer meets minimum physical and edu-
  7        cational  requirements  of  the academy. The Indian tribal law enforcement
  8        agency shall reimburse the peace officer standards  and  training  academy
  9        for  the  officer's  training.  Upon  satisfactory completion of the peace
 10        officer standards and training academy, the  tribal  peace  officer  shall
 11        receive a certificate of satisfactorily completing the academy.
 12        (b)  After  January  1,  1974,  any  peace  officer  as defined in section
 13    19-5101(d), Idaho Code, employed after January 1,  1974,  except  any  elected
 14    official,  any  deputy  sheriff  working  as a detention officer in the county
 15    jail, or deputy serving civil process, the superintendent of the  Idaho  state
 16    police,  or  any  person  serving  under  a  temporary commission with any law
 17    enforcement agency in times of natural or man-caused disaster declared  to  be
 18    an  emergency  by  the board of county commissioners or by the governor of the
 19    state of Idaho, or those peace officers whose  primary  duties  involve  motor
 20    vehicle  parking  and  animal control pursuant to city or county ordinance, or
 21    any peace officer acting under a special deputy commission from the department
 22    of law enforcement, shall be certified by the council within one (1)  year  of
 23    employment; provided, however, that the council may establish criteria differ-
 24    ent  than  that  required  of  other  peace officers for certification of city
 25    police chiefs or administrators within state agencies having  law  enforcement
 26    powers, who, because of the number of full-time peace officers they supervise,
 27    have  duties  which are primarily administrative.  Any such chief of police or
 28    state agency administrator employed in such capacity prior to  July  1,  1987,
 29    shall be exempt from certification.
 30        (c)  No  peace  officer  shall  have  or exercise any power granted by any
 31    statute of this state to peace officers unless such  person  shall  have  been
 32    certified  by the council within one (1) year of the date upon which such per-
 33    son commenced employment as a peace officer, except in cases where  the  coun-
 34    cil,  for  good  cause and in writing, has granted additional time to complete
 35    such training. The council may decertify any officer who pleads guilty  or  is
 36    found guilty, regardless of the form of judgment or withheld judgment of:
 37        (1)  Any  felony  or  offense which would be a felony if committed in this
 38        state;
 39        (2)  Any misdemeanor;
 40        (3)  Any unlawful use, possession, sale or delivery of any controlled sub-
 41        stance; or who
 42        (4)  Willfully or otherwise falsifies or omits any information  to  obtain
 43        any certified status; or who
 44        (5)  Violates  any  of  the  standards  of  conduct  as established by the
 45        council's code of ethics, as adopted and amended by the council.
 46        All proceedings taken by the council shall  be  done  in  accordance  with
 47    chapter 52, title 67, Idaho Code.
 48        (d)  Any  law  enforcement  agency as defined in section 19-5101(c), Idaho
 49    Code, in which any peace officer shall resign as a result of any  disciplinary
 50    action  or  in which a peace officer's employment is terminated as a result of
 51    any disciplinary action, shall, within thirty (30) days of such action, make a
 52    report to the council.
 53        (e)  The council shall, pursuant to  the  requirements  of  this  section,
 54    establish minimum basic training and certification standards for county deten-
 55    tion  officers  that  can  be completed within one (1) year of employment as a
  1    county detention officer.
  2        (f)  The council may, upon recommendation of the juvenile training council
  3    and pursuant to the requirements of  this  section,  implement  minimum  basic
  4    training  for  juvenile  probation officers and implement minimum training and
  5    certification standards for juvenile detention officers.
  6        SECTION 2.  This act shall be in full force and effect on and  after  July
  7    1, 2000.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

This bill is designed to delete obsolete language exempting 
detention officers from Peace Officers Standard and Training 
(POST) certification.   Detention officers are required to 
attend the POST Detention Academy within one year of employment 
as a detention officer.

                          FISCAL IMPACT

This bill has no impact on the state general fund.

Contact: Idaho Sheriff's Association, Michael J. Kane
Phone: 342-4545

STATEMENT OF PURPOSE/FISCAL NOTE                Bill No.  441