2005 Legislation
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SENATE BILL NO. 1137 – Correction officer, POST training

SENATE BILL NO. 1137

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Bill Status



S1137................................................by JUDICIARY AND RULES
PEACE OFFICER STANDARDS AND TRAINING - Amends existing law to authorize the
Peace Officer and Training Council to establish minimum basic training and
certification standards for state correction officers and for adult
probation and parole officers; and to clarify that only certified peace
officers have the authority given by statute to peace officers of the state
of Idaho.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Bunderson, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
      Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Broadsword
    Floor Sponsor - Bunderson
    Title apvd - to House
02/25    House intro - 1st rdg - to Jud
03/04    Rpt out - rec d/p - to 2nd rdg
03/07    2nd rdg - to 3rd rdg
03/15    3rd rdg - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood,
      Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher,
      Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo,
      Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Wood
    Floor Sponsor - Field(18)
    Title apvd - to Senate
03/16    To enrol
03/17    Rpt enrol - Pres signed
03/18    Sp signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 131
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1137
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PEACE OFFICER STANDARDS AND TRAINING;  AMENDING  SECTION  19-510A,
  3        IDAHO CODE, TO CLARIFY THAT ONLY CERTIFIED PEACE OFFICERS HAVE THE AUTHOR-
  4        ITY  GIVEN  BY STATUTE TO PEACE OFFICERS OF THE STATE OF IDAHO AND TO MAKE
  5        TECHNICAL CORRECTIONS; AMENDING SECTION 19-5109, IDAHO CODE, TO  AUTHORIZE
  6        THE  PEACE  OFFICER  STANDARDS  AND  TRAINING COUNCIL TO ESTABLISH MINIMUM
  7        BASIC TRAINING AND CERTIFICATION STANDARDS FOR STATE  CORRECTION  OFFICERS
  8        AND FOR ADULT PROBATION AND PAROLE OFFICERS; AND AMENDING SECTION 20-209C,
  9        IDAHO CODE, TO CLARIFY THAT ONLY CERTIFIED PEACE OFFICERS HAVE THE AUTHOR-
 10        ITY  GIVEN  BY STATUTE TO PEACE OFFICERS OF THE STATE OF IDAHO AND TO MAKE
 11        TECHNICAL CORRECTIONS.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION 1.  That Section 19-510A, Idaho Code, be, and the same  is  hereby
 14    amended to read as follows:
                                                                        
 15        19-510A.  PEACE  OFFICERS'  POWERS TO EMPLOYEES OF THE STATE BOARD OF COR-
 16    RECTION. All employees of the state board  of  correction  who  receive  peace
 17    officer  certification  from  the  Idaho peace officers standards and training
 18    advisory council shall have all the authority given by statutes to peace offi-
 19    cers of the state of Idaho. All other classified employees designated  by  the
 20    board  of  correction pursuant to section 20-209C, Idaho Code, shall be empow-
 21    ered with the rights and duties of peace officers when engaged in  transporta-
 22    tion  of  prisoners or apprehension of prisoners or wards who have escaped, or
 23    apprehension and arrest of persons who are suspected of  having  violated  the
 24    terms and conditions of their probation or parole.
                                                                        
 25        SECTION  2.  That  Section 19-5109, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        19-5109.  POWERS OF THE COUNCIL -- STANDARDS OF  TRAINING,  EDUCATION  AND
 28    EMPLOYMENT  OF  PEACE  OFFICERS -- CERTIFICATION -- PENALTIES. (a) It shall be
 29    the duty of and the council shall have the power:
 30        (1)  To establish the requirements of minimum basic training  which  peace
 31        officers  shall  complete in order to be eligible for permanent employment
 32        as peace officers, and the time within which such basic training  must  be
 33        completed.  One  (1) component of minimum basic training shall be a course
 34        in the investigation of and collection of evidence in cases  involving  an
 35        allegation of sexual assault or battery.
 36        (2)  To establish the requirements of minimum education and training stan-
 37        dards  for employment as a peace officer in probationary, temporary, part-
 38        time, and/or emergency positions.
 39        (3)  To establish the length of time a peace officer may serve in a proba-
 40        tionary, temporary, and/or emergency position.
 41        (4)  To approve, deny approval or revoke the approval of  any  institution
                                                                        
                                           2
                                                                        
  1        or  school  established  by  the state or any political subdivision or any
  2        other party for the training of peace officers.
  3        (5)  To establish the minimum requirements of  courses  of  study,  atten-
  4        dance,  equipment,  facilities of all approved schools, and the scholastic
  5        requirement, experience  and  training  of  instructors  at  all  approved
  6        schools.
  7        (6)  To  establish  such  other requirements for employment, retention and
  8        promotion of peace officers, including minimum age,  physical  and  mental
  9        standards, citizenship, moral character, experience and such other matters
 10        as relate to the competence and reliability of peace officers.
 11        (7)  To certify peace officers as having completed all requirements estab-
 12        lished  by the council in order to be eligible for permanent employment as
 13        peace officers in this state.
 14        (8)  To receive and file for record copies of merit regulations  or  local
 15        ordinances passed by any political subdivision.
 16        (9)  To  maintain  permanent  files and transcripts for all peace officers
 17        certified by the council to include  any  additional  courses  or  advance
 18        courses of instruction successfully completed by such peace officers while
 19        employed in this state.
 20        (10) To  receive  applications for financial assistance from the state and
 21        from political subdivisions and disburse  available  state  funds  to  the
 22        state  and  to  political  subdivisions  for salaries and allowable living
 23        expenses or any part thereof, as authorized by the council, incurred while
 24        in attendance at approved training programs and schools. The annual  reim-
 25        bursements authorized by this section shall not exceed the funds available
 26        for such purpose and authorized by section 31-3201B, Idaho Code.
 27        (11) To  allow  a  peace  officer  of  a federally recognized Indian tribe
 28        within the boundaries of this state to attend the peace officer  standards
 29        and training academy if said peace officer meets minimum physical and edu-
 30        cational  requirements  of  the academy. The Indian tribal law enforcement
 31        agency shall reimburse the peace officer standards  and  training  academy
 32        for  the  officer's  training.  Upon  satisfactory completion of the peace
 33        officer standards and training academy, the  tribal  peace  officer  shall
 34        receive a certificate of satisfactorily completing the academy.
 35        (b)  After  January  1,  1974,  any  peace  officer  as defined in section
 36    19-5101(d), Idaho Code, employed after January 1,  1974,  except  any  elected
 37    official  or  deputy  serving  civil process, the deputy director of the Idaho
 38    state police, or any person serving under a temporary commission with any  law
 39    enforcement  agency  in times of natural or man-caused disaster declared to be
 40    an emergency by the board of county commissioners or by the  governor  of  the
 41    state  of  Idaho,  or  those peace officers whose primary duties involve motor
 42    vehicle parking and animal control pursuant to city or  county  ordinance,  or
 43    any  peace  officer  acting  under  a special deputy commission from the Idaho
 44    state police, shall be certified by the council within one (1) year of employ-
 45    ment; provided, however, that the council  may  establish  criteria  different
 46    than  that  required  of other peace officers for certification of city police
 47    chiefs or administrators within state agencies having law enforcement  powers,
 48    who,  because  of  the number of full-time peace officers they supervise, have
 49    duties which are primarily administrative.  Any such chief of police or  state
 50    agency administrator employed in such capacity prior to July 1, 1987, shall be
 51    exempt from certification.
 52        (c)  No  peace  officer  shall  have  or exercise any power granted by any
 53    statute of this state to peace officers unless such  person  shall  have  been
 54    certified  by the council within one (1) year of the date upon which such per-
 55    son commenced employment as a peace officer, except in cases where  the  coun-
                                                                        
                                           3
                                                                        
  1    cil,  for  good  cause and in writing, has granted additional time to complete
  2    such training. The council may decertify any officer who pleads guilty  or  is
  3    found guilty, regardless of the form of judgment or withheld judgment of:
  4        (1)  Any  felony  or  offense which would be a felony if committed in this
  5        state;
  6        (2)  Any misdemeanor;
  7        (3)  Any unlawful use, possession, sale or delivery of any controlled sub-
  8        stance; or who
  9        (4)  Willfully or otherwise falsifies or omits any information  to  obtain
 10        any certified status; or who
 11        (5)  Violates  any  of  the  standards  of  conduct  as established by the
 12        council's code of ethics, as adopted and amended by the council.
 13        All proceedings taken by the council shall  be  done  in  accordance  with
 14    chapter 52, title 67, Idaho Code.
 15        (d)  Any  law  enforcement  agency as defined in section 19-5101(c), Idaho
 16    Code, in which any peace officer shall resign as a result of any  disciplinary
 17    action  or  in which a peace officer's employment is terminated as a result of
 18    any disciplinary action, shall, within thirty (30) days of such action, make a
 19    report to the council.
 20        (e)  The council shall, pursuant to  the  requirements  of  this  section,
 21    establish minimum basic training and certification standards for county deten-
 22    tion  officers  that  can  be completed within one (1) year of employment as a
 23    county detention officer.
 24        (f)  The council may, upon recommendation of the juvenile training council
 25    and pursuant to the requirements of  this  section,  implement  minimum  basic
 26    training  and  certification standards for juvenile detention officers and for
 27    juvenile probation officers.
 28        (g)  The council may, upon recommendation of the correction standards  and
 29    training  counsel, and pursuant to the requirements of this section, establish
 30    minimum basic training and certification standards for state correction  offi-
 31    cers and for adult probation and parole officers.
                                                                        
 32        SECTION  3.  That  Section 20-209C, Idaho Code, be, and the same is hereby
 33    amended to read as follows:
                                                                        
 34        20-209C.  AUTHORITY TO DESIGNATE EMPLOYEES AS PEACE OFFICERS. All  employ-
 35    ees  of  the state board of correction who receive peace officer certification
 36    from the Idaho peace officers standards and training  advisory  council  shall
 37    have the authority given by statute to peace officers of the state of Idaho in
 38    accordance  with  the  provisions  of  section 19-510A9, Idaho Code. The state
 39    board of correction shall have the additional  authority  to  designate  other
 40    classified  employees  to act as peace officers when engaged in transportation
 41    of prisoners or apprehension of prisoners or wards who have escaped, or appre-
 42    hension and arrest of persons who are suspected of having violated  the  terms
 43    and conditions of their probation or parole.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 14950
                                
This proposal amends Idaho Code section 19-5109 to add a new section
authorizing the Peace Officer Standards and Training (P.O.S.T.) Council
to establish minimum basic training and certification standards for
state correction officers and for adult probation and parole officers.
This authorization is necessary so that the P.O.S.T. Council can
implement certification and training standards for the Idaho Department
of Correction, to carry out its new charge to deliver basic Corrections
training.

Additionally, this proposal amends Idaho Code section 202-09 (C) to
clarify the status of certified Corrections officers. Currently, the
statute reads that all IDOC employees "who receive certification" from
P.O.S.T. shall have peace officer status. The proposal makes it clear
that peace officer status is reserved for those certified as peace
officers.

                          FISCAL NOTE
                                
                                
While neither amendment to Idaho Code carries a fiscal impact to any
fund for its specific change to statute, the addition of Correction
training responsibility to the Peace Officer Standards and Training
Council carries significant fiscal impact.

In the 2003 legislative session, HCR30 provided funding for certain
educational facilities through the issuance of bonds. The issuance for
an additional POST training building in anticipation of taking on
training for Correctional officers and probation and parole officers
was $2.2 million.

Currently before the legislature is Senate Bill 1054, altering certain
funding formulas to direct an additional $1.1 million to the POST
dedicated account to support the increased POST operations. (The
funding figure is an estimate based on FY2004 activity)



Contact
Name:    Mike Becar, POST Council
Phone:   884-7251
              
              
STATEMENT OF PURPOSE/FISCAL NOTE                           S 1137