WSR 08-12-007

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed May 27, 2008, 9:12 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-04-066.

Title of Rule and Other Identifying Information: WAC 139-05-210 Basic law enforcement certificate of equivalency, this rule sets the standards for admission to the equivalency academy and defines the status an officer has as a result of attending and successfully completing the equivalency academy. The completion of the equivalency is required by RCW as a condition of continuing employment as a peace officer if the officer has had a break of law enforcement service in excess of twenty-four consecutive months, or has received a conditional offer of employment as a peace officer and has completed a basic law enforcement academy in another state.

Hearing Location(s): 19010 1st Avenue South, Commission Hearings Room, Burien, WA 98148, on September 10, 2008, at 10:00 a.m.

Date of Intended Adoption: September 10, 2008.

Submit Written Comments to: Doug Blair, Certification Manager, 19010 1st Avenue South, Burien, WA 98148, e-mail dblair@cjtc.state.wa.us, fax (206) 835-7928, by August 22, 2008.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose is to make changes to bring it into compliance with the requirements for peace officer certification.

Changes to subsection (1), persons are allowed to attend the equivalency academy for the purpose of receiving the training it offers. Other persons are required to attend as a condition of being certified as a peace officer, a condition of continued employment as a law enforcement officer in Washington state. Therefore completion of the equivalency academy is not necessarily recognized in the same manner a [as] completion of the Basic Law Enforcement Academy.

Changes to subsection (2), different states have different standards under which an officer's training is recognized. The commission offers a two-week equivalency academy that is intended for [an] officer who has attended basic training, and served as a commissioned law enforcement officer in this or another state, or has completed a basic law enforcement academy that is recognized as an equivalent to the Washington basic law enforcement academy but has not been commissioned and receives an offer of employment from a Washington law enforcement agency within twelve months of completion of such academy.

Changes to subsection (3), at the present time, there is no limit on the break in service that a law enforcement officer can have and still return to the equivalency academy. The majority of the states have set the limit at five years. This change will establish a maximum break in service at five years. A break in excess of five years will require the officer to repeat the basic training academy.

Change to new subsection (4), criminal justice training commission (CJTC) has traditionally allowed officers who are not eligible for certification to attend the equivalency academy for the purpose of receiving the training that is offered. These changes recognize these persons and set a standard of allowing attendance to such persons. Many of the officers who attend the equivalency know at least sixty days in advance that they are going to attend. The prerequisites are currently required "in a timely manner."

Changes to old subsection (7), this paragraph was removed. The CJTC does not set a state performance standard for emergency vehicle operation.

Statutory Authority for Adoption: RCW 43.101.080 and [43.101].085.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent:

Name of Agency Personnel Responsible for Drafting: Doug Blair, 19010 1st Avenue South, Burien, WA 98148, (206) 835-7352; Implementation and Enforcement: Doug Blair and commission staff, 19010 1st Avenue South, Burien, WA 98148.

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.

A cost-benefit analysis is not required under RCW 34.05.328.

May 22, 2008

Cheryl A. Price

Public Records Officer

OTS-1390.2


AMENDATORY SECTION(Amending WSR 05-20-029, filed 9/28/05, effective 10/29/05)

WAC 139-05-210   Basic law enforcement certificate of equivalency.   (1) A certificate of completion of equivalent basic law enforcement training is issued to applicants who successfully complete the equivalency process as required by the commission. For this purpose, the term "process" includes all documentation and prerequisites set forth in subsection (6) of this section and successful completion of all knowledge and skills requirements within the equivalency academy. ((A certificate of completion of equivalent basic law enforcement training is recognized in the same manner as the certificate of completion of the basic law enforcement academy.))

(2) Participation in the equivalency process is limited to:

(a) Fully commissioned ((law enforcement)) peace 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)); or

(b) Fully commissioned peace officers who have attained commissioned law enforcement status by completing a basic training program in this or another state. For this purpose, the term "basic training program" does not include any military or reserve training program or any federal training program not otherwise approved by the commission; or

(c) Persons who have not attained commissioned peace officer status but have successfully completed a basic law enforcement academy recognized as a full equivalent to the Washington state basic law enforcement academy by the commission and within twelve months of the date of completion been made a conditional offer of employment as a fully commissioned peace officer in Washington state; or

(d) Persons whose Washington peace officer certification has lapsed because of a break in service as a fully commissioned peace officer for more than twenty-four months but less than sixty months and who are required to attend the equivalency.

(3) Applicants who are ((approved)) required to participate in the equivalency academy for the purpose of becoming a certified peace officer must attend the first available session of the equivalency academy following such applicant's date of hire((. Applicants are not required to attend a session of the equivalency academy conducted within the initial sixty days of employment)) unless the equivalency academy occurs within the first sixty days of the peace officer's initial date of employment in which case the peace officer must attend the next available academy as a condition of certification as a peace officer. Applicants approved to participate in the equivalency academy for training purposes only, will be admitted on a space available basis.

It 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)) affected.

(4) In those instances where an applicant has attended more than one basic training program, eligibility for participation in the equivalency process will be based upon successful completion of the most recent of such programs attended.

(5) The decision to request an officer's participation in the equivalency process discretionary with the head of the officer's employing agency, who must advise the commission of that decision by appropriate notation upon the hiring notification form. Upon receipt of such notification, the commission will provide all necessary forms and information.

(6) Upon approval of an applicant's eligibility to participate in the equivalency process, the applicant's employing agency must submit to the commission the following documentation as a precondition of participation within such process:

(a) ((A copy)) Proof of the applicant's current and valid driver's license;

(b) ((A copy)) Proof 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 comparable emergency vehicle operations training has not been completed previously, the applicant will be required to complete the commission's 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, the commission 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 commission may require; or

(c) Require completion of the commission's basic law enforcement academy.

[Statutory Authority: RCW 43.101.080. 05-20-029, 139-05-210, filed 9/28/05, effective 10/29/05; 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.]

Washington State Code Reviser's Office