Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-12-064.

     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, 19010 1st Avenue South, Burien, WA 98148, on Wednesday, September 14, 2004 [2005], at 10:00 a.m.

     Date of Intended Adoption: September 14, 2005.

     Submit Written Comments to: Sonja Hirsch, 19010 1st Avenue South, Burien, WA 98148, e-mail shirsch@cjtc.state.wa.us, fax (206) 439-3860, by September 7, 2005.

     Assistance for Persons with Disabilities: Contact Sonja Hirsch by September 7, 2005, TTY (206) 835-7300.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Currently, the arrest, search, and seizure week is part of the Community Corrections Officer Academy. Each iteration multiple students attend just this portion of the academy. These students are usually transferring from corrections counselor or classification counselor positions within the institutions and have already completed a majority of the academy. These additional students cannot be tracked with the present system and, therefore, do not show up in the commission's records as having attended and completed training in this area. This change would allow the commission to document the students' attendance and successful completion of this important aspect of community corrections officers training. Adding this block into the definition will clarify that both of these academies are required for certification as a community corrections officer.

     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: Washington State Criminal Justice Training Commission staff in cooperation with the Board on Corrections Training, Standards, and Education (BCTSE), governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bob Graham, Burien, Washington, (206) 835-7302.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.

July 14, 2005

Sonja Hirsch

Confidential Secretary

OTS-8121.1

AMENDATORY SECTION(Amending WSR 04-13-071, filed 6/15/04, effective 7/16/04)

WAC 139-10-210   Requirement of basic corrections training.   As provided in RCW 43.101.220, all full-time corrections employees of the state of Washington or of any city, county, or political subdivision of the state of Washington((, shall)) must, as a condition of continued employment, successfully complete a basic corrections academy as prescribed, sponsored, or conducted by the ((Washington state criminal justice training)) commission. This requirement to complete basic training ((shall)) 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 ((shall)) must be submitted to the commission in writing as designated by its policies.

     (1) Corrections personnel ((shall)) 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, penal institutions, and detention facilities. Representative job classifications include, but are not limited to, custody and ((correctional)) corrections officers.

     (b) Misdemeanant probation/classification 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, jail classification counselors, and work crew supervisors.

     (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 ((including)), 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) Institutional corrections counselors academy. All employees whose primary job function is to provide classification and program services to adult felony offenders housed in a state institutional setting: Parole planning((;)), work/training release and prerelease referrals((;)), academic/vocational/work program reviews((;)), disciplinary and living unit program reviews((;)), and risk management identification. Representative job classes include, but are not limited to, ((correctional)) corrections counselors, classification counselors, institution risk management specialists, and corrections mental health counselors.

     (e) 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 and parole counselors, case aides/assistants, trackers, juvenile rehabilitation community counselors, juvenile drug court counselors, and community surveillance officers.

     (f) Juvenile corrections officers academy. All employees responsible for the care, custody, and safety of youth in county and state juvenile custody facilities. Representative job class includes, but are not limited to, juvenile detention workers, juvenile corrections officers, and juvenile supervision officers.

     (g) Juvenile residential counselors academy. All employees responsible for the case management, custody, counseling, supervision, and application of researched based treatment to youth in state institutions. Representative job classes include, but are not limited to, juvenile residential rehabilitation counselors, juvenile residential rehabilitation counselor assistants, and juvenile rehabilitation supervisors.

     (h) Work release academy. All employees responsible for the safety, custody, and care of adult offenders in a work release facility. Representative job ((class)) classes include((s)), but ((is)) are not limited to, work release officers, work release counselors, and work release program monitors.

     (2) It ((shall be)) 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 ((forgo completely any)) 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 ((shall)) 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 civil service commission, and/or the state auditor's office, and)) 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 ((shall be)) is responsible for full and complete compliance with the above training requirements. Additionally, each such agency ((shall)) must provide the commission with employment information necessary for the establishment and maintenance of complete and accurate training records on all affected employees.

[Statutory Authority: RCW 43.101.080. 04-13-071, § 139-10-210, filed 6/15/04, effective 7/16/04; 00-17-017, § 139-10-210, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.220. 95-08-036 and 95-09-070, § 139-10-210, filed 3/30/95 and 4/19/95, effective 4/30/95 and 5/20/95. Statutory Authority: RCW 43.101.080(2). 87-19-105 (Order 15-D), § 139-10-210, filed 9/18/87; 86-19-021 (Order 1-B), § 139-10-210, filed 9/10/86. Formerly WAC 139-36-020.]

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