2006 Legislation
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SENATE BILL NO. 1275 – POST, juvenile correction employees


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Bill Status

S1275................................................by JUDICIARY AND RULES
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
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.
      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

Bill Text

  ]]]]              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
  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 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,
  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 / Fiscal Impact

                       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.

Name:     Brent Reinke
Agency:   Juvenile Corrections, Dept. of
Phone:    334-5100
STATEMENT OF PURPOSE/FISCAL NOTE                   Bill No. S 1275   

REVISED              REVISED          REVISED            REVISE