2002 Legislation
Print Friendly

HOUSE BILL NO. 404 – Juvenile probatn officer, training


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.

Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 404
                                       BY MR. SPEAKER
                              Requested by: Idaho State Police
  1                                        AN ACT
  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:
 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
  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,
  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  basic
  6    training  for juvenile probation officers and implement minimum basic training
  7    and certification standards for juvenile detention officers and  for  juvenile
  8    probation officers.

Statement of Purpose / Fiscal Impact

                         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.

Name:    Mike Becar
Agency:  Idaho State Police
Phone:   (208) 884-7250

Statement of Purpose/Fiscal Impact                     H0404