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H0404........................................................by MR. SPEAKER
Requested by: Idaho State Police
JUVENILE PROBATION OFFICERS - Amends existing law to provide that the Peace
Officer Standards and Training Council may implement minimum basic training
and certification standards for juvenile probation officers.
01/07 House intro - 1st rdg - to printing
Rpt prt - to Jud
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
02/20 3rd rdg - PASSED - 63-0-7
AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
Boe, Bolz, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez,
McKague, Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Shepherd,
Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
Wheeler, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Bradford, Gould, Hammond, Montgomery,
Sellman, Wood
Floor Sponsor - Young
Title apvd - to Senate
02/21 Senate intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Stegner
Title apvd - to House
03/12 To enrol
03/13 Rpt enrol - Sp signed
Pres signed
03/14 To Governor
03/19 Governor signed
Session Law Chapter 84
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 404 BY MR. SPEAKER Requested by: Idaho State Police 1 AN ACT 2 RELATING TO THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL; AMENDING SECTION 3 19-5109, IDAHO CODE, TO PROVIDE THAT THE COUNCIL MAY IMPLEMENT MINIMUM 4 BASIC TRAINING AND CERTIFICATION STANDARDS FOR JUVENILE PROBATION OFFI- 5 CERS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 19-5109, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND 10 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (a) It shall be 11 the duty of and the council shall have the power: 12 (1) To establish the requirements of minimum basic training which peace 13 officers shall complete in order to be eligible for permanent employment 14 as peace officers, and the time within which such basic training must be 15 completed. One (1) component of minimum basic training shall be a course 16 in the investigation of and collection of evidence in cases involving an 17 allegation of sexual assault or battery. 18 (2) To establish the requirements of minimum education and training stan- 19 dards for employment as a peace officer in probationary, temporary, part- 20 time, and/or emergency positions. 21 (3) To establish the length of time a peace officer may serve in a proba- 22 tionary, temporary, and/or emergency position. 23 (4) To approve, deny approval or revoke the approval of any institution 24 or school established by the state or any political subdivision or any 25 other party for the training of peace officers. 26 (5) To establish the minimum requirements of courses of study, atten- 27 dance, equipment, facilities of all approved schools, and the scholastic 28 requirement, experience and training of instructors at all approved 29 schools. 30 (6) To establish such other requirements for employment, retention and 31 promotion of peace officers, including minimum age, physical and mental 32 standards, citizenship, moral character, experience and such other matters 33 as relate to the competence and reliability of peace officers. 34 (7) To certify peace officers as having completed all requirements estab- 35 lished by the council in order to be eligible for permanent employment as 36 peace officers in this state. 37 (8) To receive and file for record copies of merit regulations or local 38 ordinances passed by any political subdivision. 39 (9) To maintain permanent files and transcripts for all peace officers 40 certified by the council to include any additional courses or advance 41 courses of instruction successfully completed by such peace officers while 42 employed in this state. 43 (10) To receive applications for financial assistance from the state and 2 1 from political subdivisions and disburse available state funds to the 2 state and to political subdivisions for salaries and allowable living 3 expenses or any part thereof, as authorized by the council, incurred while 4 in attendance at approved training programs and schools. The annual reim- 5 bursements authorized by this section shall not exceed the funds avail- 6 able for such purpose and authorized by section 31-3201B, Idaho Code. 7 (11) To allow a peace officer of a federally recognized Indian tribe 8 within the boundaries of this state to attend the peace officer standards 9 and training academy if said peace officer meets minimum physical and edu- 10 cational requirements of the academy. The Indian tribal law enforcement 11 agency shall reimburse the peace officer standards and training academy 12 for the officer's training. Upon satisfactory completion of the peace 13 officer standards and training academy, the tribal peace officer shall 14 receive a certificate of satisfactorily completing the academy. 15 (b) After January 1, 1974, any peace officer as defined in section 16 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected 17 official or deputy serving civil process, the deputy director 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 Idaho 24 state police, shall be certified by the council within one (1) year of employ- 25 ment; provided, however, that the council may establish criteria different 26 than that required of other peace officers for certification of city police 27 chiefs or administrators within state agencies having law enforcement powers, 28 who, because of the number of full-time peace officers they supervise, have 29 duties which are primarily administrative. Any such chief of police or state 30 agency administrator employed in such capacity prior to July 1, 1987, shall be 31 exempt from certification. 32 (c) No peace officer shall have or exercise any power granted by any 33 statute of this state to peace officers unless such person shall have been 34 certified by the council within one (1) year of the date upon which such per- 35 son commenced employment as a peace officer, except in cases where the coun- 36 cil, for good cause and in writing, has granted additional time to complete 37 such training. The council may decertify any officer who pleads guilty or is 38 found guilty, regardless of the form of judgment or withheld judgment of: 39 (1) Any felony or offense which would be a felony if committed in this 40 state; 41 (2) Any misdemeanor; 42 (3) Any unlawful use, possession, sale or delivery of any controlled sub- 43 stance; or who 44 (4) Willfully or otherwise falsifies or omits any information to obtain 45 any certified status; or who 46 (5) Violates any of the standards of conduct as established by the 47 council's code of ethics, as adopted and amended by the council. 48 All proceedings taken by the council shall be done in accordance with 49 chapter 52, title 67, Idaho Code. 50 (d) Any law enforcement agency as defined in section 19-5101(c), Idaho 51 Code, in which any peace officer shall resign as a result of any disciplinary 52 action or in which a peace officer's employment is terminated as a result of 53 any disciplinary action, shall, within thirty (30) days of such action, make a 54 report to the council. 55 (e) The council shall, pursuant to the requirements of this section, 3 1 establish minimum basic training and certification standards for county deten- 2 tion officers that can be completed within one (1) year of employment as a 3 county detention officer. 4 (f) The council may, upon recommendation of the juvenile training council 5 and pursuant to the requirements of this section,implement minimum basic6training for juvenile probation officers andimplement minimum basic training 7 and certification standards for juvenile detention officers and for juvenile 8 probation officers.
STATEMENT OF PURPOSE
RS 11420
The purpose of this legislation is to make clear in Idaho Code
that the Peace Officer Standards and Training academy has
responsiblity for certification standards and basic training of
juvenile probation officers as well as juvenile detention officers.
FISCAL IMPACT
POST activities are funded from a dedicated account derived from a
portion of citation fees. This proposal does not impact the
general fund, or funds of other levels of government.
CONTACT
Name: Mike Becar
Agency: Idaho State Police
Phone: (208) 884-7250
Statement of Purpose/Fiscal Impact H0404