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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 officer sstandards and training 18 advisorycouncil shall have all the authority given by statute sto 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 officer sstandards and training advisorycouncil shall 37 have the authority given by statute to peace officers of the state of Idaho in 38 accordance with the provisions of section 19-510 A9, 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