View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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
]]]] 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
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