Effective Date of Rule: Thirty-one days after filing.

     Purpose: The requirement to obtain basic corrections officer training through the Washington state criminal justice training commission (WSCJTC) does not apply to department of corrections (DOC) employees who work for the prisons division. The DOC is responsible for identifying training standards, designing training programs, and providing training for those employees. The secretary of the DOC must consult with experts and corrections professionals and solicit input from labor organizations in designing its training requirements.

     The WSCJTC and the DOC share the responsibility of developing and defining training standards and providing training for community corrections officers employed within the community corrections division of the DOC.

     Citation of Existing Rules Affected by this Order: Repealing 2 [WAC 139-10-236 and 139-10-540]; and amending 1 [WAC 139-10-210].

     Statutory Authority for Adoption: RCW 43.101.080.

      Adopted under notice filed as WSR 09-12-079 on June 1, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 2.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 2.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 5, 2009.

Sonja Hirsch

Rules Coordinator

OTS-2436.2

AMENDATORY SECTION(Amending WSR 05-20-027, filed 9/28/05, effective 10/29/05)

WAC 139-10-210   Requirement of basic corrections training.   As provided in RCW 43.101.220, all full-time corrections employees ((of)) in the state of Washington with the exception of the Washington state department of corrections prison division or of any city, county, or political subdivision of the state of Washington 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((, penal institutions,)) and detention facilities. Representative job classifications include, but are not limited to, custody and 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, 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, corrections counselors, classification counselors, institution risk management specialists, and corrections mental health counselors.

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

     (((f))) (e) 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)) classes include((s)), but are not limited to, juvenile detention workers, juvenile corrections officers, and juvenile supervision officers.

     (((g))) (f) Juvenile residential counselors academy. All employees responsible for the case management, custody, safety, counseling, supervision, and application of researched based treatment ((to youth in state institutions)) 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 ((residential)) rehabilitation counselor assistants, juvenile rehabilitation security officers, juvenile rehabilitation coordinators, 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 classes include, but are not limited to, work release officers, work release counselors, and work release program monitors.))

     (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.

[Statutory Authority: RCW 43.101.080. 05-20-027, § 139-10-210, filed 9/28/05, effective 10/29/05; 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.]

     The following sections of the Washington Administrative Code are repealed:

WAC 139-10-236	Work release academy curriculum.
WAC 139-10-540	Basic institutional corrections counselor academy curriculum.

© Washington State Code Reviser's Office