WSR 14-14-020 PROPOSED RULES CRIMINAL JUSTICE TRAINING COMMISSION [Filed June 23, 2014, 9:21 a.m.]
Continuance of WSR 14-01-017.
Preproposal statement of inquiry was filed as WSR 13-21-065.
Title of Rule and Other Identifying Information: WAC 139-05-810 Basic training requirement for reserve officers.
Hearing Location(s): Washington State Criminal Justice Training Commission (WSCJTC), Room E-154, 19010 1st Avenue South, Burien, WA 98148, on September 10, 2014, at 10 a.m.
Date of Intended Adoption: September 10, 2014.
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 1, 2014.
Assistance for Persons with Disabilities: Contact Sonja Hirsch, Rules Coordinator, by September 8, 2014, TTY (206) 835-7300 or (206) 835-7372.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes to WAC 139-05-810 will require agencies that hire a reserve officer to notify the WSCJTC of hire. The addition of this requirement will assist the WSCJTC in ensuring all reserve officers are receiving the required basic training.
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 Agency Personnel Responsible for Drafting: Tisha Jones, Burien, Washington, (206) 835-7332; Implementation and Enforcement: Dave Bales, Burien, Washington, (206) 835-7289.
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 simply mirror the language of RCW 43.101.220.
June 23, 2014
Sonja Hirsch
Rules Coordinator
AMENDATORY SECTION (Amending WSR 05-20-029, filed 9/28/05, effective 10/29/05)
WAC 139-05-810 Basic training requirement for reserve officers.
(1) ((For the purposes herein:
(a))) A peace officer or tribal police officer whose certification, commission, and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory is not eligible for a basic reserve law enforcement academy certificate, regardless of the officer's prior years of law enforcement service.
(2) Beginning October 13, 2014, as a condition of continuing employment, volunteering, or otherwise representing a law enforcement agency, all reserve peace officers must be reported to the commission. A reserve peace officer who is not on record as maintained by the commission by December 1, 2014, is prohibited from working, volunteering, or otherwise representing a law enforcement agency.
(3) "Reserve peace officer" ((includes any law enforcement)) for the purposes of this chapter, means any officer ((who does not serve as a law enforcement officer of this state on a full-time basis, but)) whether compensated or not, specially commissioned by a general authority Washington law enforcement agency to enforce some or all of the criminal laws of this state, who does not qualify as a general authority Washington peace officer for that commissioning agency and who, when called ((by such agency)) into active service, by that appointing agency, 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))) (4) Eligibility for participation in the basic reserve academy process is limited to:
(a) Specially commissioned reserve peace officers of the state of Washington;
(b) Commissioned Washington state tribal peace officers;
(c) Persons employed by a limited authority Washington law enforcement agency as defined under RCW 10.93.020;
(d) Persons employed as security by public colleges and universities as defined under RCW 28B.10.016; or
(e) Persons employed as security in the K-12 Washington state public school system as defined under RCW 28A.150.010.
(5) 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 will obtain a basic reserve certificate as a precondition of the exercise of authority pursuant to such act((; provided that, any individual possessing a basic reserve certificate issued by the commission prior to January 1, 1989, will be deemed to have met this requirement.
(3) Upon approval of an applicant's eligibility to participate in the reserve process, the applicant's employing agency 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))).
(6) Upon appointment of a reserve peace officer, the appointing law enforcement agency shall immediately notify the commission on a personnel action report form provided by the commission.
(7) Upon termination of a reserve peace officer for any reason, including resignation, the agency of termination shall, within fifteen days of the termination, notify the commission on a personnel action report form provided by the commission.
(8) As a precondition of participating in the reserve basic law enforcement academy, it is the responsibility of each 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 will be granted reserve academy admission or allowed continued participation if the individual has been convicted of a felony offense, or any misdemeanor or gross misdemeanor crime of dishonesty within the meaning of Evidence Rule 609(a), or domestic violence.
Each application for academy attendance must be accompanied by a written attestation by the applying agency that (a) the criminal records check has been completed, and (b) There are no disqualifying convictions. Upon approval of an applicant's eligibility to participate in the reserve process, the applicant's employing agency must submit to the commission all requested records, information and proof of background check as a precondition of participation within such process. The decision to request an officer's participation in the basic reserve law enforcement academy shall be approved by the head of the officer's employing agency.
(((5))) (9) A basic reserve certificate will be issued by the commission to any ((individual)) specially commissioned reserve peace officer who successfully completes ((a)) the requirements set forth in RCW 43.101.080(19) and the basic reserve law enforcement academy course of instruction ((for reserve officers)) as prescribed and required by the commission.
(((6) Requirements of subsection (5) of this section may be waived in whole or in part. A request for waiver must be made under WAC 139-03-030. In reviewing such request, the commission 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.))
(10) A certificate of attendance may be issued to those who successfully complete the basic reserve law enforcement academy, but who are not appointed as a reserve peace officer by a general authority Washington law enforcement agency as defined under RCW 10.93.020(1).
(11) Reserve officers are not eligible to apply for peace officer or tribal police officer certification, furthermore, appointment as a reserve peace officer is not considered continuous employment for the purposes set forth in RCW 43.101.095 and 43.101.157.
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