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S1275................................................by JUDICIARY AND RULES
PEACE OFFICERS STANDARDS AND TRAINING COUNCIL - Amends existing law to
provide that the Peace Officers Standards and Training Council may
implement training and standards for employees of the Idaho Department of
Juvenile Corrections who are engaged in the direct care and management of
juveniles.
01/19 Senate intro - 1st rdg - to printing
01/20 Rpt prt - to Jud
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 32-0-3
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Coiner, Compton, Corder, Darrington, Davis, Fulcher,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Schroeder, Stegner,
Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Cameron, Pearce, Richardson
Floor Sponsor - Sweet
Title apvd - to House
02/03 House intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 59-0-11
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Ellsworth, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp,
Lake, LeFavour, Martinez, Mathews, Miller, Mitchell, Moyle, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Bedke, Crow, Edmunson, Eskridge, Loertscher,
McGeachin, McKague, Nielsen, Sali, Skippen, Snodgrass
Floor Sponsor - Field(18)
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed
03/28 Sp signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 246
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1275
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE PEACE OFFICERS STANDARDS AND TRAINING COUNCIL; AMENDING SEC-
3 TION 19-5109, IDAHO CODE, TO PROVIDE THAT THE COUNCIL MAY IMPLEMENT TRAIN-
4 ING AND STANDARDS FOR EMPLOYEES OF THE IDAHO DEPARTMENT OF JUVENILE COR-
5 RECTIONS WHO ARE ENGAGED IN THE DIRECT CARE AND MANAGEMENT OF JUVENILES.
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 available
6 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 basic
6 training and certification standards for juvenile detention officers, and for
7 juvenile probation officers, and employees of the Idaho department of juvenile
8 corrections who are engaged in the direct care and management of juveniles.
9 (g) The council may, upon recommendation of the correction standards and
10 training counsel, and pursuant to the requirements of this section, establish
11 minimum basic training and certification standards for state correction offi-
12 cers and for adult probation and parole officers.
STATEMENT OF PURPOSE
S 1275
The proposed amendment to section 19-5109(f) is to clarify that the POST
council can certify Idaho Department of Juvenile Corrections' direct-
care staff who also attend and successfully complete the Juvenile
Detention Academy. Current law only mentions that certification can be
given to county juvenile detention officers. The Department believes
that having State direct-care staff certified by POST academy will
increase the professionalism of these staff members, and will help
reduce the risk of liability to the State.
FISCAL NOTE
Because this POST certification will be phased in over several years,
there will be no immediate fiscal impact. In fact, the first step is to
propose legislation with rules promulgated the following year; then
curriculum development and, finally, implementation of POST
certification based upon approved legislation and rules.
It is estimated that 45 staff a year will go through POST Academy over
the first 5 years, to include all current staff and new staff.
Cost estimate per year for first 5 years:
$27,416 POST fees
$ 5,400 per diem
$55,987 wages
After 5 years, estimated that 29 staff per year will attend POST, and
cost projections are:
$17,688 POST fees
$ 1,500 per diem
$37,584 wages
Additionally, the Idaho Department of Juvenile Corrections already
requires 80 hours of training for direct-care staff their first year of
employment and at least 40 hours every year thereafter. The department
is already absorbing much of the training costs.
However, the department firmly believes that POST Academy training will
add consistency, lessen turnover in this job class, and professionalize
this important position. Having IDJC staff trained in the most current
legal issues and the best correctional standards for juvenile offenders
will lessen the risk of liability to the State.
CONTACT
Name: Brent Reinke
Agency: Juvenile Corrections, Dept. of
Phone: 334-5100
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. S 1275
REVISED REVISED REVISED REVISE