WSR 13-13-061
PROPOSED RULES
CRIMINAL JUSTICE
TRAINING COMMISSION
[Filed June 18, 2013, 9:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-10-039.
Title of Rule and Other Identifying Information: WAC 139-10-210 Requirement of basic corrections training.
Hearing Location(s): Washington State Criminal Justice Training Commission (WSCJTC), Room E-154, 19010 1st Avenue South, Burien, WA 98148, on September 11, 2013, at 10 a.m.
Date of Intended Adoption: September 11, 2013.
Submit Written Comments to: Sonja Hirsch, Rules Coordinator, 19010 1st Avenue South, Burien, WA 98148, e-mail shirsch@cjtc.state.wa.us, fax (206) 835-7928, by September 4, 2013.
Assistance for Persons with Disabilities: Contact Sonja Hirsch, rules coordinator, by September 9, 2013, TTY (206) 835-7300 or (206) 835-7372.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The language of WAC 139-10-210 is inconsistent with that in RCW 43.101.220. RCW 43.101.220 mandates all corrections personnel to attend basic academy training; WAC 139-10-210 mandates only full-time corrections employees.
Statutory Authority for Adoption: RCW 43.101.080.
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [WSCJTC], governmental.
Name of Agency Personnel Responsible for Drafting: Brandon Rogel, Burien, Washington, (206) 835-7349; Implementation and Enforcement: Pam Clark, Burien, Washington, (206) 835-7306.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025.
A cost-benefit analysis is not required under RCW 34.05.328. The changes are not new, as they [are] simply mirroring the language of RCW 43.101.220.
June 18, 2013
Sonja Hirsch
Rules Coordinator
AMENDATORY SECTION (Amending WSR 09-16-135, filed 8/5/09, effective 9/5/09)
WAC 139-10-210 Requirement of basic corrections training. As provided in RCW 43.101.220, all ((full-time)) corrections ((employees in the state of Washington with the exception of the Washington state department of corrections prison division or)) personnel of any city, county, or political subdivision of the state of Washington, with the exception of the Washington state department of corrections, must, as a condition of continued employment, successfully complete a basic corrections academy as prescribed, sponsored, or conducted by the commission. The commission and the department of corrections share the responsibility of developing and defining training standards and providing training for community corrections officers employed within the community corrections division of the department of corrections. This requirement to complete basic training must be fulfilled within the initial six months of corrections employment unless otherwise extended or waived by the commission. Requests for extension or waiver of the basic training requirement must be submitted to the commission in writing as designated by its policies.
(1) Corrections personnel must attend basic academy training according to job function as described below:
(a) Corrections officers academy. All employees whose primary job function is to provide for the custody, safety, and security of adult prisoners in jails and detention facilities. Representative job classifications include, but are not limited to, custody and corrections officers.
(b) Misdemeanant probation/((classification)) counselor academy. All employees whose primary job function is the case management of offenders under county/city supervision, to include: Assessment, case planning, counseling, supervision, and monitoring. Representative job classes include, but are not limited to adult probation officers.
(c) Community corrections officers academy and basic arrest, search, and seizure academy. All employees whose primary job function is the case management in the community of adult offenders under state department of corrections supervision, to include: Monitoring adjustment of offenders involved with in/outpatient treatment programs, counseling offenders and/or referring them for counseling or other resource/treatment programs, and making home/field visits pursuant to offender classification standards. Representative job classifications include, but are not limited to, community corrections officers, community risk management specialists, hearings officers, and victim advocates.
(d) Juvenile services academy. All employees working with juveniles whose primary job function is the case management of offenders, to include: Assessment, case planning, counseling, supervision, and monitoring. Representative job classes include, but are not limited to, juvenile probation counselors, case aides/assistants, trackers, juvenile drug court counselors, and community surveillance officers.
(e) Juvenile corrections officers academy. All employees responsible for the care, custody, and safety of youth in county facilities. Representative job classes include, but are not limited to, juvenile detention workers, juvenile corrections officers, and juvenile supervision officers.
(f) Juvenile ((residential counselors)) rehabilitation administration academy. All employees responsible for the case management, custody, safety, counseling, supervision, and application of researched based treatment interventions to youth committed to the care and supervision of the juvenile rehabilitation administration. Representative job classes include, but are not limited to, juvenile residential rehabilitation counselors, juvenile rehabilitation community counselors, juvenile rehabilitation counselor assistants, juvenile rehabilitation security officers, juvenile rehabilitation coordinators, and juvenile rehabilitation supervisors.
(2) It is the responsibility of the employing agency to determine the most appropriate basic academy for an employee to attend within the guidelines set by the commission.
An agency may elect to decline basic academy training if such employee occupies a middle management or an executive position, as defined in WAC 139-10-410, 139-10-510, and 139-25-110.
(3) Failure to comply with the above requirements will result in a notification of noncompliance from the commission directed to the individual employee and, as appropriate, the employing agency director, chief or sheriff, the chief executive of the local unit of government, and any other agency or individual determined by the commission.
(4) Each agency employing personnel covered by RCW 43.101.220 is responsible for full and complete compliance with the above training requirements. Additionally, each such agency must provide the commission with employment information necessary for the establishment and maintenance of complete and accurate training records on all affected employees.