[Filed November 20, 2018, 9:03 a.m.]
Preproposal statement of inquiry was filed as WSR 18-20-046.
Title of Rule and Other Identifying Information: WAC 139-05-800 Basic law enforcement reserve classifications.
Hearing Location(s): On Wednesday, March 13, 2019, at 10 a.m., at the Washington State Criminal Justice Training Commission (WSCJTC), 19010 1st Avenue South, Room C-121, Burien, WA 98148.
Date of Intended Adoption: March 13, 2019.
Submit Written Comments to: Sonja Peterson, 19010 1st Avenue South, Burien, WA 98148, email firstname.lastname@example.org, by March 9, 2019.
Assistance for Persons with Disabilities: Contact Sonja Peterson, phone 206-835-7356, TTY 206-835-7300, email email@example.com, by March 9, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule is needed so the WSCJTC is able to clearly identify the classification of reserve peace officers.
This new section outlines two classifications of reserve peace officers. By outlining the classification, stakeholders will have a clear understanding of the minimum training and supervision requirements for each classification of reserve peace officers.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSCJTC staff, governmental.
Name of Agency Personnel Responsible for Drafting: Tisha Jones, Lacey, Washington, 360-486-2431; Implementation and Enforcement: Tom Hill, Burien, Washington, 206-835-7344.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
November 20, 2018
WAC 139-05-800Basic law enforcement reserve classifications.
(1) "Reserve peace officer" 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 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.
(2) A level I basic reserve certificate, as defined in this chapter, will be issued by the commission to any specially commissioned reserve peace officer who successfully completes the basic law enforcement reserve academy as required by the commission and the requirements set forth in RCW 43.101.080
(19) and WAC 139-05-810.
(a) A level I reserve officer shall:
(i) Work under the immediate supervision of a regular full-time Washington peace officer until the reserve officer has completed a minimum of six hundred forty hours of post academy supervised training (including successful participation in a field training program). Training must be completed within three years after completion of the basic law enforcement reserve academy.
(ii) The first one hundred fifty hours of the six hundred forty hours of post academy training shall be with a training officer who has completed either the field training officer (FTO) or the police training officer (PTO) course as sponsored or hosted by the commission.
(iii) The remaining four hundred ninety hours should be with a training officer who has completed either the FTO or PTO course sponsored or hosted by the commission, but may also be completed by a regular, full-time peace officer at the discretion of the hiring agency.
(iv) The twenty-four hours of mandatory in-service training as required by WAC 139-05-300 (2)(a) through (d) may be included in the annual training hours.
(b) Except in exigent circumstances at the discretion of the sponsoring agency, a level I reserve shall not be assigned to work unsupervised, or in a single officer patrol vehicle or with a level II reserve officer during the first six hundred forty hours of training;
(c) Nothing in this section shall prevent a level I reserve peace officer from being armed off duty as an individual citizen in lawful possession as allowed by law.
(3) A level II reserve officer is a reserve peace officer with a minimum of six hundred forty hours of post academy training as a level I reserve officer. A level II certificate may be issued after the following conditions have been met:
(a) Reserve must have six hundred forty hours of post academy training as a level I reserve as specified under subsection (2) of this section.
(b) Reserve must complete the application for level II status attesting that the minimum requirements have been met.
(c) Level I reserve must submit the request for level II status to their sponsoring agency. CJTC will not accept direct applications from level I reserve officers seeking level II classification.
(i) The sponsoring agency retains the sole discretion to submit the request for level II classification application. An agency may believe, based upon policy or their firsthand experience and observations, that level II reserve status is not appropriate given the individual circumstances or by agency policy.
(ii) If the sponsoring agency deems the reserve requesting level II classification is appropriate, the sponsoring agency will complete application for level II, attesting that the reserve has met the minimum requirements and submit the application to CJTC.
(iii) At no time shall an agency require that a level I reserve become a level II reserve. The decision to request level II status shall only be initiated at the request of the reserve officer.
(iv) Sponsoring agency signs the application, attesting the reserve has successfully completed and met all requirements to become level II classified and forwards the approved application to CJTC for review.
(v) After review, and upon satisfied conditions, CJTC will issue a reserve level II certificate to the requesting level I reserve officer.
(vi) A level II reserve officer may then, at the discretion of their sponsoring agency, work as a solo officer car in the capacity described in subsection (1) of this section.
(d) Nothing in this section shall prevent a level II reserve peace officer from being armed off duty as an individual citizen in lawful possession as allowed by law.
(4) Level I or II reserve officers are not eligible to apply for peace officer or tribal police officer certification, furthermore, appointment as a level I or II reserve peace officer is not considered continuous employment for the purposes set forth in RCW 43.101.095
(5) 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
(6) Nothing in this chapter shall restrict an agency from using an already established program, or designing a program that may be more restrictive than the minimum requirements listed in this section. A level I reserve peace officer is still eligible for level II classification after completing the minimum required six hundred forty hours of post academy training. However, an agency can delay sending the application for level II classification to the commission until local agency requirements are fulfilled.