PERMANENT RULES
TRAINING COMMISSION
Purpose: Chapter 139-05 WAC, Law enforcement, to improve effectiveness, clarity, and intent in order to better serve clients, stakeholders, and communities.
Citation of Existing Rules Affected by this Order: Repealing 2 [WAC 139-05-820 and 139-05-930]; and amending 13 [WAC 139-05-200, 139-05-210, 139-05-220, 139-05-230, 139-05-240, 139-05-242, 139-05-250, 139-05-300, 139-05-810, 139-05-912, 139-05-915, 139-05-920, and 139-05-925].
Statutory Authority for Adoption: RCW 43.101.080.
Adopted under notice filed as WSR 05-15-108 on July 18, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 13, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 13, Repealed 2.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 14, 2005.
Sonja Hirsch
for Cheryl Price
Accreditation Manager
OTS-8116.4
AMENDATORY SECTION(Amending WSR 03-19-123, filed 9/17/03,
effective 10/18/03)
WAC 139-05-200
Requirement of basic law enforcement
training.
(1) All fully commissioned law enforcement officers
of a city, county, or political subdivision of the state of
Washington, except volunteers and reserve officers, whether
paid or unpaid, and officers of the Washington state patrol,
unless otherwise exempted by the ((Washington state criminal
justice training)) commission((, shall)) must, as a condition
of continued employment, successfully complete a basic law
enforcement academy or an equivalent basic academy sponsored
or conducted by the commission((, or obtain a certificate of
equivalent basic training from the commission. This
requirement of)). Basic law enforcement training ((shall be
met)) must be commenced within the initial six-month period of
law enforcement employment, unless otherwise extended by the
commission.
(2) Law enforcement personnel exempted from the
requirement of subsection (1) of this section ((shall))
include:
(a) Individuals holding the office of sheriff of any county on September 1, 1979; and
(b) ((Auxiliary and reserve personnel; and
(c))) Commissioned personnel((.)):
(i) ((Who have been granted an administrative exemption
by the commission, provided that the initial grant and
continuing effect of such exemption shall be governed by the
following:
(A) No police chief or sheriff of any agency with ten or fewer commissioned officers shall be eligible to receive such exemption;
(B) Any request for such exemption shall be submitted to the commission on an approved form with a criminal records check completed by the Washington state patrol and, in any instance wherein the requestor is a police chief, such request shall be cosigned by requestor's appointing authority;
(C) Any individual receiving such exemption may not engage in patrol or other general enforcement activity on a usual or regular basis but shall limit such involvement to that required for supervision, agency management, or manpower replacement on an emergency or exigent basis;
(D) Any approved administrative exemption shall remain in effect for the duration of the exemptee's term of service within the position upon which such exemption is based or until the nature of exemptee's primary duties and responsibilities change from administrative to general enforcement; and
(E) Any approved administrative exemption may be revoked by the commission at any time upon its finding that the conditions of such exemption are not being met or the basis for such exemption no longer exists;
(ii))) Whose initial date of full-time, regular and commissioned law enforcement employment within the state of Washington precedes January 1, 1978; or
(((iii))) (ii) Who have ((been awarded)) received a
certificate of completion ((of the basic law enforcement
academy or the basic law enforcement equivalency)) in
accordance with the requirement of subsection (1) of this
section, and thereafter have engaged in regular and
commissioned law enforcement employment without break or
interruption in excess of twenty-four months duration.
(3) Each law enforcement agency of the state of
Washington, or any political subdivision thereof, ((except the
Washington state patrol, shall)) must immediately notify the
commission by approved form of each instance ((wherein)) where
a commissioned officer begins continuing and regular
employment with that agency. ((Such notification shall be
maintained by the commission and shall be utilized by the
commission for the subsequent scheduling, notification and
enrollment required for compliance with the basic law
enforcement training requirement.))
(4) Failure to comply with any of the above requirements
of basic law enforcement training ((shall)) will result in
notification of noncompliance((,)) by the commission((, on
approved form,)) to:
(a) The individual in noncompliance;
(b) The head of his/her agency; and
(c) ((The civil service commission having jurisdiction of
such agency;
(d) The judges and clerks of the municipal, district, and superior courts in which said agency is located;
(e) The state auditor's office; and
(f))) Any other agency or individual, as determined by the commission.
[Statutory Authority: RCW 43.101.080. 03-19-123, § 139-05-200, filed 9/17/03, effective 10/18/03; 00-17-017, § 139-05-200, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 89-13-024 (Order 14D), § 139-05-200, filed 6/13/89; 87-19-104 (Order 14-D), § 139-05-200, filed 9/18/87; 86-19-021 (Order 1-B), § 139-05-200, filed 9/10/86.]
(1) No police chief or sheriff of any agency with ten or fewer commissioned officers is eligible to receive an exemption;
(2) Any request for an exemption must be submitted to the commission on an approved form with a criminal records check completed by the Washington state patrol, a current resume, and, in any instance where the requestor is a police chief, the request must be cosigned by the requestor's appointing authority;
(3) Any individual receiving an exemption may not engage in patrol or other general enforcement activity on a usual or regular basis but must limit such involvement to that required for supervision, agency management, or manpower replacement on an emergency or exigent basis;
(4) Any approved administrative exemption will remain in effect for the duration of the exemptee's term of service in the position upon which an exemption is based or until the nature of the exemptee's primary duties and responsibilities changes from administrative to general enforcement; and
(5) Any approved administrative exemption may be revoked by the commission at any time upon a finding that the conditions of an exemption are not being met or the basis for the exemption no longer exists.
[]
(2) ((Eligibility for)) Participation in the ((basic))
equivalency process ((shall be)) is limited to fully
commissioned law enforcement officers of a city, county, or
political subdivision of the state of Washington, who
otherwise are eligible to attend the basic law enforcement
academy((,)) and who have attained ((basic certification
through completion of)) commissioned law enforcement status by
completing a basic training program in this or another state. For this purpose, the term "basic training program" ((shall))
does not include any military or reserve training program((,))
or any federal training program not otherwise approved by ((a
majority of)) the commission ((membership)).
(3) ((The participation of any eligible and approved
applicant for a certificate of equivalent basic law
enforcement training shall be effected within, and limited
to,)) Applicants who are approved to participate in the
equivalency academy must attend the first available session of
the ((basic)) equivalency academy following such applicant's
date of hire((; provided that no)). Applicants ((shall be))
are not required to attend a session of the ((basic))
equivalency academy ((which is)) conducted within the initial
sixty days of ((the)) employment ((for which certification is
requested)).
It ((shall be)) is the responsibility of the applicant's
agency to ensure that all necessary forms and documentation
are completed and submitted to the commission in a timely
manner, and as necessary, to ensure that the participation
provided by this section is effected.
((The participation of any applicant in any session of
the basic equivalency academy not otherwise provided herein
shall require the approval of the commission.))
(4) In those instances ((wherein)) where an applicant has
attended more than one basic training program, eligibility for
participation in the ((basic)) equivalency process ((shall not
be approved if such applicant, for whatever reason, failed to
successfully complete)) will be based upon successful
completion of the most recent of such programs attended.
(5) The decision to request an officer's participation
((within)) in the equivalency process ((shall be))
discretionary with the head of the officer's employing agency,
who ((shall)) must advise the commission of that decision by
appropriate notation upon the hiring notification ((submitted
to the commission for such officer)) form. Upon receipt of
such notification, the commission ((shall)) will provide ((to
such agency head)) all necessary forms and information
((required for the processing of a request for a certificate
of equivalent basic training)).
(6) Upon approval of an applicant's eligibility to
participate in the equivalency process, the applicant's
employing agency ((shall)) must submit to the commission the
following documentation as a precondition of participation
within such process:
(a) A copy of the applicant's current and valid driver's license;
(b) A copy of the applicant's current and valid basic first-aid card;
(c) A statement of the applicant's health and physical condition by an examining physician;
(d) A record of the applicant's firearms qualification;
(e) A liability release agreement by the applicant; and
(f) A criminal records check regarding such applicant.
(7) If ((such)) comparable emergency vehicle operations
training has not been completed previously, the applicant
((shall)) will be required to complete the commission's
((forty hour)) current emergency vehicle operation course, as
scheduled by the commission.
(8) Upon completion of the equivalency process and review
and evaluation of the applicant's performance((s therein)),
the commission ((shall)) will:
(a) Issue a certificate of completion of equivalent basic law enforcement training; or
(b) Issue a certificate of completion of equivalent basic
law enforcement training upon the applicant's successful
completion of additional training as the ((training))
commission may require; or
(c) Require completion of the commission's basic law enforcement academy.
(((9) Any action or determination by the commission staff
regarding a requestor or applicant for equivalency
certification shall, upon written request of the involved
individual or agency, be reviewed by the executive director of
the training commission.
(10) Any waiver of, or variance in, any above requirement for equivalency participation and/or certification may be granted by the commission if it determines that sufficient justification exists for such action.))
[Statutory Authority: RCW 43.101.080. 04-13-070, § 139-05-210, filed 6/15/04, effective 7/16/04; 03-07-099, § 139-05-210, filed 3/19/03, effective 4/19/03; 00-17-017, § 139-05-210, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 86-19-021 (Order 1-B), § 139-05-210, filed 9/10/86.]
In accordance with that responsibility, and to ensure the
continuing integrity and credibility of the basic academy
program,)) It is the responsibility of each sponsoring or
applying agency to conduct a complete criminal records check
to include a search of state and national criminal history
records information regarding its applicant through the
submission of the applicant's fingerprints to an appropriate
agency or agencies. No individual ((shall)) will be granted
academy admission or allowed continued participation if
((such)) the individual((, in adult status, has been convicted
of a felony offense, or has been convicted of a gross
misdemeanor or misdemeanor involving moral turpitude.
For this purpose, the term "convicted" shall include any disposition adverse to the subject, except a decision not to prosecute, a dismissal, or acquittal; provided, however, that a dismissal entered after a period of probation, suspension, or deferral of sentence shall be considered a disposition adverse to the subject.
The term "felony offense" shall include any act or omission which is classified as a felony by the laws of the jurisdiction in which such act or omission occurred, or for which imprisonment in a federal or state penitentiary could have been imposed.
It shall be the responsibility of each sponsoring or applying agency to request a complete criminal records check to include a search of state and national criminal history records information regarding its applicant through the submission of the applicant's fingerprints to an appropriate action agency or agencies)) is not otherwise eligible for certification or has been convicted of a crime that would make him or her ineligible for certification.
Each application for academy attendance ((shall)) must be
accompanied by a written attestation by the applying agency
that (1) the ((aforementioned)) criminal records check has
been ((effected regarding the individual for which academy
application is being made)) completed, and (2) ((that such
search indicated the absence of any felony conviction or
other)) there are no disqualifying convictions.
((No exception to, or variance from, the above
requirements or the prohibition which is provided, will be
granted without the approval of the training commission.))
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-05-220, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 86-19-021 (Order 1-B), § 139-05-220, filed 9/10/86.]
For this purpose, each academy applicant ((shall be
evaluated)) will be assessed in the ((assessment)) areas of
aerobic capacity, strength, and flexibility, in accordance
with the requirements and procedures established by the
((training)) commission.
Failure to demonstrate a requisite level of fitness will result in ineligibility for academy admissions and/or attendance.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-05-230, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 91-14-011, § 139-05-230, filed 6/24/91, effective 7/25/91; 91-01-043, § 139-05-230, filed 12/12/90, effective 7/1/91; 89-13-023 (Order 12C), § 139-05-230, filed 6/13/89; 86-19-021 (Order 1-B), § 139-05-230, filed 9/10/86.]
(((a) Scholarship.)) (1) Academic performance. A
standardized examination process ((shall)) will be utilized by
all basic law enforcement academies sponsored or conducted by
the ((Washington state criminal justice training))
commission((,)) in evaluating the level of scholastic
achievement of each recruit. Such process ((shall)) will
include the application of a designated minimum passing score
to each subject area and the availability of a retesting
procedure. Failure to achieve the required minimum passing
score will result in termination of academy assignment.
(((b) Physical performance.)) (2) Practical skills. A
standardized evaluation process ((shall)) will be utilized by
all basic law enforcement academies sponsored or conducted by
the commission in evaluating the level of ((physical))
practical performance of each ((trainee)) recruit. Such
process ((shall)) will include the application of pass/fail
grading to designated instructional objectives for physical
performance and the availability of a retesting procedure. Failure to achieve a final passing grade in ((physical
training, including defensive tactics, shall)) each practical
skills dimension will preclude a certificate of completion.
(((c) Deportment and)) (3) Conduct. Failure to maintain
an exemplary standard of ((deportment and)) conduct or to
adhere to all rules, regulations, and policies of a basic law
enforcement academy sponsored or conducted by the commission
may result in termination of academy assignment.
(((2) Upon the written request of a recruit, or the head
of a recruit's employing agency, any action affecting such
recruit's status or eligibility for a certificate of
completion shall be reviewed by the commission.))
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-05-240, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 93-13-098, § 139-05-240, filed 6/21/93, effective 7/22/93; 86-19-021 (Order 1-B), § 139-05-240, filed 9/10/86.]
(1) Any request for readmission to any academy ((shall))
must be made and submitted by the individual's employing or
sponsoring agency.
(2) Any individual terminated from any academy for academic failure, for disciplinary reasons other than those specified by subsection (3) of this section, or who has voluntarily withdrawn from any academy for any reason, may be readmitted to a subsequent academy session only if:
(a) The head of the individual's current employing agency submits to the commission a written request for readmission of the individual to the academy program, and
(b) The ((executive)) director of the commission((,)) or
((his or her)) designee((,)) is satisfied that any conditions
to the individual's readmission specified by the director or
((his or her)) designee have been met.
(3) ((Any individual dismissed from any academy for
disciplinary reasons other than those specified by subsection
(4) of this section, may be readmitted to a subsequent academy
program only if:
(a) The head of the individual's current employing agency submits to the commission a written request for readmission, and
(b) The executive director of the commission, or his or her designee, is satisfied that any conditions to the individual's readmission specified by the director or his or her designee have been met, and determines there no longer exists "good cause" to exclude the individual from the academy program.
(4))) Any person dismissed from any academy for an
integrity violation, including but not limited to: Cheating,
((or)) the commission of a crime, or other violation((s)) not
constituting disqualifying misconduct as defined in RCW 43.101.010(7), ((shall)) will not be eligible for readmission
to any subsequent academy within twenty-four months from the
date of dismissal. Such ineligibility ((shall)) will not be
affected by any new employment or reemployment during the
period of ineligibility specified in the preceding sentence of
this subsection.
(((5))) (4) After the ineligibility period specified in
subsection (((4))) (3) of this section has passed, the person
previously dismissed for an integrity violation may be
readmitted to a subsequent academy session only if((:
(a) The head of the individual's current employing agency submits to the commission a written request for readmission, and
(b) The executive director of the commission, or his or her designee, is satisfied that any conditions to the individual's readmission specified by the director or his or her designee have been met, and determines there no longer exists "good cause" to exclude the individual from the academy program.
(6))) he or she satisfies the conditions of subsection (2) of this section.
(5) For purposes of this section, reserves and volunteers will be deemed to be employees of the agencies which sponsor them for participation in a training academy.
[Statutory Authority: RCW 43.101.080. 04-19-050, § 139-05-242, filed 9/14/04, effective 10/15/04; 00-17-017, § 139-05-242, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 93-13-103, § 139-05-242, filed 6/21/93, effective 7/22/93.]
(1) ((Introduction to law enforcement;)) Orientation and
history of policing;
(2) Criminal law;
(3) Criminal procedures;
(4) Patrol procedures;
(5) ((Communication skills;)) Crisis intervention;
(6) Emergency vehicle operation course;
(7) ((Human relations;)) Report writing;
(8) Traffic law;
(9) Firearms;
(10) Defensive tactics; and
(11) Criminal Investigation.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-05-250, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.010(2). 93-13-097, § 139-05-250, filed 6/21/93, effective 7/22/93. Statutory Authority: RCW 43.101.080(2). 86-19-021 (Order 1-B), § 139-05-250, filed 9/10/86.]
(((2))) (1) Effective January 1, 2006, every peace
officer certified under RCW 43.101.095 ((shall)) will complete
a minimum of twenty-four hours of in-service training
annually. ((The commission will establish an optional
recordkeeping form along with published guidelines and/or
criteria for approved in-service training and education. The
training may be developed and provided by the employer or
other training resources. The commission will maintain the
records of successfully completed commission-sponsored and
commission-recognized training. All remaining records for the
training required under this rule must be maintained by the
employing agency and be available for review upon request by
an authorized commission representative.
(3))) (a) This requirement is effective January 1, 2006, for incumbent officers.
(b) The in-service training ((hours)) requirement for
each newly hired officer ((will)) must begin on ((the))
January 1 of the calendar year following their certification
as a result of successful completion of the basic law
enforcement academy, equivalency academy, or approved waiver
as provided by WAC ((139-05-200)) 139-05-205.
(((a))) (c) Training may be developed and provided by the
employer or other training resources.
(d) The commission will publish guidelines for approved in-service training.
(2) All records for training required for this rule must be maintained by the employing agency and be available for review upon request by an authorized commission representative.
(a) The commission will maintain records of successfully completed commission-registered courses.
(b) Upon request, the commission will furnish a recordkeeping template for use by agencies to track training.
(3) The sheriff or chief of an agency may approve an extension of three months for certified officers in their employ by notification in writing to the commission, identifying those specific officers.
(((b))) (a) A sheriff or chief may request a three-month
personal extension of the requirement by doing so in writing
to the commission.
(((c))) (b) Written requests submitted under the
provision of (((a) and (b) of)) this subsection must be
received by December 1 of the calendar year in question.
[Statutory Authority: RCW 43.101.080. 05-01-112, § 139-05-300, filed 12/15/04, effective 1/15/05.]
(a) "Reserve officer" includes any law enforcement officer who does not serve as a law enforcement officer of this state on a full-time basis, but who, when called by such agency into active service, is fully commissioned on the same basis as full-time officers to enforce the criminal laws of this state; and
(b) "Field assignment" includes any period of active service wherein the assigned officer is expected to take routine and/or special enforcement actions, independently or otherwise, in the same manner and capacity as a full-time officer with such assignment.
(2) For the purposes of the Washington Mutual Aid Peace
Officers Powers Act, chapter 10.93 RCW, every individual who
is commissioned as a specially commissioned reserve peace
officer in this state((, shall)) will obtain a basic reserve
certificate as a precondition of ((his/her)) the exercise of
authority pursuant to such act; provided that, any individual
possessing a basic reserve certificate issued ((to him/her))
by the commission prior to January 1, 1989, ((shall)) will be
deemed to have met this requirement.
(3) Upon approval of an applicant's eligibility to
participate in the reserve ((certification)) process, the
applicant's employing agency ((shall)) must submit to the
commission all requested records, information and proof of
background check as a precondition of participation within
such process.
(4) Each applicant that has been offered a conditional offer of employment as a reserve officer must take and successfully pass a psychological and a polygraph test or similar assessment procedure, administered pursuant to RCW 43.101.105 (2)(a)(i) and (ii).
(5) A basic reserve certificate ((shall)) will be issued
by the commission to any individual who successfully
completes((:
(a))) a basic course of instruction for reserve officers
as prescribed and required by the commission((; and
(b) A comprehensive examination developed and administered by the commission)).
(((5))) (6) Requirements of subsection (((4))) (5) of
this section may be waived in whole or in part ((as determined
by)). A request for waiver must be made under WAC 139-03-030.
In reviewing such request, the commission ((and based upon))
will consider the following:
(a) An evaluation of an applicant's experience and training accomplishments;
(b) The fact that an individual is a regular full-time commissioned law enforcement officer who leaves full-time employment; or
(c) The fact that an officer has been certified in accordance with the requirements of subsection (2) of this section, and thereafter has engaged in regular and commissioned law enforcement employment without break or interruption in excess of twelve months duration.
((In all of the above instances, the requests for such
waiver must be submitted to the commission on an approved form
by the applicant's agency head and, if approved, may result in
direct issuance of a basic reserve certificate or issuance of
such certificate upon successful completion of specific
training requirements prescribed by the commission.))
[Statutory Authority: RCW 43.101.080. 02-02-004, § 139-05-810, filed 12/20/01, effective 1/20/02; 00-17-017, § 139-05-810, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 88-20-022 (Order 20), § 139-05-810, filed 9/28/88.]
(a))) that the training requirement which must be met by
deputy state fire marshals ((and resident fire marshals)) as a
precondition of any exercise of police powers granted to such
personnel by RCW 48.48.060((, and
(b) The training standard recommended by the criminal justice training commission for local agencies employing a training requirement or prerequisite for the purpose of commissioning fire personnel)).
(2) The training requirement herein prescribed for the
purpose of RCW 48.48.060 ((shall)) will be met by:
(a) ((Obtainment of the training)) Obtaining the
commission's basic law enforcement certificate((,)); or
(b) ((Obtainment of)) Obtaining the ((training))
commission's basic law enforcement equivalency certificate((,
or
(c) Successful completion of a training program of at least one hundred and seventy-six hours, including:
(( |
||
(3) No authorization, expressed or implied, to carry a
firearm in the performance of official duties may be granted
to any deputy state fire marshal ((or resident fire marshal))
unless such personnel has successfully completed a basic
firearms training program. Such program ((shall)) must be at
least forty hours in length and include instruction in
firearms care, handling, and usage, and a range qualification
course approved by the ((training)) commission. Thereafter
((such personnel shall successfully complete an eight-hour
firearms requalification course approved by the training
commission during each year in which authorization to carry a
firearm is granted or remains in effect)), it shall be the
responsibility of the chief of the state patrol to set the
standard, which will be met for each fire marshal to carry a
firearm.
(4) It ((shall be)) is the responsibility of the state
fire marshal to effect and ensure personnel compliance
((herein,)) and to provide documentation of such compliance
upon the request of the ((training)) commission.
[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-05-912, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 93-13-101, § 139-05-912, filed 6/21/93, effective 7/22/93.]
(2) For purposes of this section, the following
definitions ((shall)) will apply:
(a) "Dog handler" means any fully commissioned law enforcement officer or corrections officer of a state, county, city, municipality, or combination thereof, agency who is responsible for the routine care, control, and utilization of a police canine within a law enforcement or corrections assignment; and
(b) "Canine team" means a specific officer and a specific canine controlled by that officer in the capacity of handler, formally assigned by the employing agency to work together in the performance of law enforcement or corrections duties.
(c) "Training" means any structured classroom or practical learning exercise conducted, evaluated, and documented by an experienced dog handler or trainer, certified as an instructor with recognized expertise on canine subjects associated with the development of the trainee's competency in the care, control, and utilization of a police canine.
(d) "Evaluator" means a certified peace officer or corrections officer, who has a minimum of three years experience as a dog handler and is recognized as a trainer of canines by a professional organization of police and/or corrections dog handlers/trainers or by the handler's employing agency. The trainer must have trained a canine team in accordance with the training requirements of WAC 139-05-915, or be recognized by the commission as a certified instructor with expertise in canine training of a specific police canine subject for the purpose of testing and certifying dog handlers and canines to work as a canine team.
(3) A dog handler ((shall)) must, as a precondition of
such assignment, successfully complete the basic law
enforcement academy or basic corrections officer academy, or
otherwise comply with the basic training requirement
prescribed by WAC 139-05-200 and 139-05-210 of the
((training)) commission.
(4) Prior to such assignment, a dog handler ((shall))
must successfully complete training according to the nature
and purpose of utilization of the police canine for which such
handler is responsible.
(a) A dog handler who is responsible for the routine and
regular utilization of a police canine within general patrol
or investigative activities, ((shall)) must successfully
complete a minimum of four hundred hours of training, which
((shall)) will include, but not be limited to:
(i) Philosophies/theories of police canine;
(ii) Legal and liability aspects, including applicable department policies;
(iii) Public relations;
(iv) Care and maintenance;
(v) Obedience and control;
(vi) Tracking;
(vii) Trailing;
(viii) Area search;
(ix) Building search;
(x) Evidence search;
(xi) Pursuit and holding; and
(xii) Master protection.
(b) A dog handler who is responsible for the primary and
specialized utilization of a police canine in the search for
and detection of specific substances, excluding explosives,
((shall)) must successfully complete a minimum of two hundred
hours of training, which ((shall)) will include, but not be
limited to:
(i) Philosophies/theories of police canine;
(ii) Legal and liability aspects, including applicable department policies;
(iii) Public relations;
(iv) Care and maintenance;
(v) Obedience and control;
(vi) Area search;
(vii) Building search;
(viii) Evidence search;
(ix) Vehicle search; and
(x) Detection of specific substances.
(c) A dog handler who is responsible for the primary and
specialized utilization of a police canine in the search for
and detection of explosive substances and devices, ((shall))
must successfully complete a minimum of four hundred hours of
training, which ((shall)) will include, but not be limited to:
(i) Philosophies/theories of police canine;
(ii) Legal and liability aspects, including applicable department policies;
(iii) Public relations;
(iv) Care and maintenance;
(v) Obedience and control;
(vi) Area search;
(vii) Private and commercial conveyance search;
(viii) Building search;
(ix) Evidence search; and
(x) Detection of explosives.
(d) A dog handler who is responsible for the routine and
regular utilization of a police canine solely for
self-protection and assistance in hostile or potentially
hostile situations, ((shall)) must successfully complete at
least two hundred hours of training, which ((shall)) will
include, but not be limited to:
(i) Philosophies/theories of police canine;
(ii) Legal and liability aspects, including applicable department policies;
(iii) Public relations;
(iv) Care and maintenance;
(v) Obedience and control;
(vi) Pursuit and holding; and
(vii) Master protection.
(5) The commission ((shall)) will develop and adopt a
minimum performance standard for canine teams performing
specific law enforcement or corrections functions. It ((shall
be)) is the handler's responsibility to keep their canines
under control at all times. Each handler must be able to make
their canine perform to a level that is deemed acceptable by
the commission in the category for the team's intended use as
a condition of certification.
(6) Certification of canine teams:
(a) The handler and the canine will be considered as a team and it is the team who will be certified. If the canine or the handler changes, a new team exists and the team must be certified.
(b) A dog handler may not use a canine for police purposes unless the handler is certified to handle a specific canine for a specific purpose.
(c) In evaluating the proficiency of the canine team, the
evaluators shall use the standards approved by the commission
for that particular skill category. Performance ((shall))
will be rated on a pass/fail basis. The evaluator ((shall
have)) has the discretion to discontinue the testing if
excessive time has been spent without results, or if there is
a concern about safety issues involving the canine, handler,
or equipment.
(d) The commission ((shall)) will certify a canine team
who can successfully show proficiency, under scrutiny of a
canine evaluator, in all of the areas in which the canine will
be used:
(i) Patrol and investigation:
(A) Obedience;
(B) Protection and control;
(C) Area search;
(D) Building search; and
(E) Tracking.
(ii) Detection:
(A) Building search;
(B) Vehicle search;
(C) Exterior search; and
(D) Obedience.
(iii) Explosive detection:
(A) Obedience;
(B) Building search;
(C) Private and commercial conveyance search;
(D) Exterior search.
(iv) Master protection:
(A) Obedience;
(B) Protection and control.
(e) Each certification issued pursuant to these rules
((shall)) will remain valid as long as the composition and
responsibility of the canine team does not change. A canine
team's certification ((shall)) expires if the specific handler
and canine, originally paired at the time of certification,
cease to perform canine team functions together or if the
function for which the team was certified changes. It is
recommended that teams recertify on an annual basis.
(f) If the canine team fails any phase of an evaluation,
the team must be reevaluated in that particular phase. Canine
teams will be allowed three attempts to successfully pass the
requirements of each phase during an evaluation. If the team
does not pass by the third attempt, the team ((shall)) must be
reevaluated in all phases at a different time to be scheduled
by the evaluator and approved by the commission.
(((g) Any handler who believes there has been improper
procedures applied in the testing process, may file an appeal
with the commission in writing. This appeal must be filed
within thirty days of the last testing date pursuant to WAC 139-03-020.))
(7) Recordkeeping:
(a) Each agency ((shall be)) is required to keep
training, performance, and identification records on canines. The records must stay with the agency responsible for the
canine team. The records ((shall)) will be made available for
review in the event that the canine is sold or transferred to
another agency. The records ((shall)) will include, but not
be limited to:
(i) Microchip number (if applicable);
(ii) Canine's name;
(iii) Breed;
(iv) Training records;
(v) Certification date;
(vi) Date acquired or purchased;
(vii) Source from which the canine was acquired;
(viii) Purpose, use, or assignment of canine;
(ix) Handler's name;
(x) The date and reason the canine was released from service; and
(xi) Copies of all incident reports in which use of the canine resulted in the use of force.
(b) These records ((shall)) must be retained for a period
of one year from the date the canine is removed from active
service unless a longer retention is required by statute or
local ordinance.
(c) It ((shall be)) is the responsibility of the handler
to advise their employing agency of the fact that they have
met the standards for canine certification. The proof of
certification with the evaluator's signature along with a
request for canine certification ((shall)) must be submitted
to the commission by the employing agency. This ((shall))
will be considered as a request for certification. Upon
verification that the minimum requirements have been met, the
commission ((shall)) will issue certification to the canine
team.
(8) It is recommended that a canine intended for use by a law enforcement or corrections agency, be positively identified by having a microchip medically inserted in the canine. Any canine that is sold by a vendor to a Washington state governmental agency for use as a law enforcement or corrections canine should be able to be identified by microchip placed in the canine at the vendor's expense prior to the canine being sold to the law enforcement or corrections agency.
Once the microchip has been inserted, it is recommended that it not be removed except for medical necessity. If it becomes necessary to remove the microchip, the reason for the removal must be documented and entered into the canine's training records and a new microchip inserted, if medically appropriate.
[Statutory Authority: RCW 43.101.080. 05-01-114, § 139-05-915, filed 12/15/04, effective 1/15/05; 03-07-100, § 139-05-915, filed 3/19/03, effective 4/19/03; 00-17-017, § 139-05-915, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 86-19-021 (Order 1-B), § 139-05-915, filed 9/10/86.]
(2) As a precondition of any exercise of enforcement
authority ((generally vested in a peace officer)), an
agriculture officer ((shall)) must successfully complete
training which ((shall)) will include, but is not limited to:
(a) ((Criminal procedures, to include the legal system,
search and seizure, laws of arrest, and constitutional law - eight hours;)) Crime scene investigation;
(b) ((Evidence law - two hours;
(c))) Criminal investigation(( - eight hours));
(((d))) (c) Effective interviewing and interrogation(( - four hours));
(((e) Communication skills - six hours;)) (d) Report
writing;
(((f))) (e) Criminal law(( - four hours)) to include
Titles 9A and 20;
(((g))) (f) Officer safety ((and basic patrol procedures - four hours));
(((h) Use of deadly force - four hours.)) (g) Defensive
tactics.
(3) As a precondition of any authorization to carry a
firearm during the performance of duties, an ((authorized))
agriculture officer ((shall)) with enforcement authority will
have successfully qualified in the firearms course which is
incorporated by the basic law enforcement academy program of
the ((Washington state criminal justice training)) commission,
or is otherwise approved by the ((training)) commission. ((Such)) Following the initial qualification ((shall)), the
department of agriculture must insure that such qualification
be effected annually((,)) or within a period of twelve months
preceding the aforementioned firearms authorization.
(4) It ((shall be)) is the responsibility of the state
director of agriculture to effect and ensure personnel
compliance ((herein)) and to provide necessary records and
information upon the request of the ((training)) commission,
to which said director ((shall be)) is accountable for
purposes of such compliance. Additionally, any equivalency
process or official recognition of equivalent training or
experience in determining an agriculture officer's compliance
((herein shall)) will be within the prerogative and
authorities of such director.
[Statutory Authority: RCW 43.101.080(2). 86-19-021 (Order 1-B), § 139-05-920, filed 9/10/86.]
(2) Effective January 1, 2002, as a precondition of any
newly appointed railroad police officer to enforce the laws of
this state, railroad police ((shall)) must:
(a) Possess the commission's basic certificate, or in the alternative have successfully completed training and possess a basic certification from another state. In the event certification and training are from another state, the newly appointed railroad police officer must satisfactorily complete the equivalency course approved by the commission, within the first six months of employment.
(b) The above requirements do not apply to railroad police officers appointed prior to January 1, 2002; however, they may, if qualified, attend the equivalency academy.
(c) Railroad police officers whose primary duties are
those of administration of other railroad police officers may
request an administrative exemption from the above training
requirements. Administrative exemptions may be granted by the
commission provided that the initial grant and continuing
effect of such exemption ((shall be)) is governed by the
provisions of WAC ((139-05-200 (2)(c)(i))) 139-05-205.
(3) It ((shall be)) is the responsibility of the railroad
police officer's employing agency to effect and ensure
personnel compliance herein, and provide necessary records,
proof of background check information upon request of the
commission to which the employing agency ((shall be)) is
accountable for purposes of compliance.
(4) The corporation requesting appointment of a railroad
police officer ((shall)) will bear the full cost of training
or any other expenses.
[Statutory Authority: RCW 43.101.080. 03-19-122, § 139-05-925, filed 9/17/03, effective 10/18/03; 02-02-004, § 139-05-925, filed 12/20/01, effective 1/20/02. Statutory Authority: RCW 43.101.080(2). 90-07-012, § 139-05-925, filed 3/13/90, effective 4/13/90.]
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The following sections of the Washington Administrative Code are repealed:
WAC 139-05-820 | Basic reserve equivalency certification. |
WAC 139-05-930 | Certification/decertification of D.A.R.E. officer. |