Print Friendly HOUSE BILL NO. 441 – POST, detention officer not exempt
HOUSE BILL NO. 441
View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
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
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,
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
Session Law Chapter 113
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 441
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL; AMENDING SECTION
3 19-5109, IDAHO CODE, TO DELETE OBSOLETE LANGUAGE REGARDING DETENTION OFFI-
4 CERS; AND PROVIDING AN EFFECTIVE DATE.
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:
8 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND
9 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (a) It shall be
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
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
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
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
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.
This bill has no impact on the state general fund.
Contact: Idaho Sheriff's Association, Michael J. Kane
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 441