BILL REQ. #:  Z-0776.1 



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HOUSE BILL 2134
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State of Washington62nd Legislature2011 2nd Special Session

By Representatives Hudgins and Hunter; by request of Office of Financial Management

Read first time 11/30/11.   Referred to Committee on Ways & Means.



     AN ACT Relating to reimbursing the criminal justice training commission for certain training costs; and amending RCW 43.101.200, 43.101.220, 43.101.224, 43.101.225, 43.101.227, 43.101.290, 43.101.350, and 43.101.370.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.101.200 and 2011 1st sp.s. c 50 s 949 are each amended to read as follows:
     (1) All law enforcement personnel, except volunteers, and reserve officers whether paid or unpaid, initially employed on or after January 1, 1978, shall engage in basic law enforcement training which complies with standards adopted by the commission pursuant to RCW 43.101.080. For personnel initially employed before January 1, 1990, such training shall be successfully completed during the first fifteen months of employment of such personnel unless otherwise extended or waived by the commission and shall be requisite to the continuation of such employment. Personnel initially employed on or after January 1, 1990, shall commence basic training during the first six months of employment unless the basic training requirement is otherwise waived or extended by the commission. Successful completion of basic training is requisite to the continuation of employment of such personnel initially employed on or after January 1, 1990.
     (2) Except as otherwise provided in this chapter, the commission shall provide the aforementioned training together with necessary facilities, supplies, materials, and the board and room of noncommuting attendees for seven days per week, except during the ((2011-2013)) state fiscal ((biennium)) year 2012 when the ((employing,)) county, city(([,])), or state ((law enforcement)) agency that employs the law enforcement personnel shall reimburse the commission for twenty-five percent of the cost of training its personnel. Effective July 1, 2012, the county or city agency that employs the law enforcement personnel shall reimburse the commission for fifty percent of the total cost of training its personnel. Additionally, to the extent funds are provided for this purpose, the commission shall reimburse to participating law enforcement agencies with ten or less full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training: PROVIDED, That such reimbursement shall include only the actual cost of temporary replacement not to exceed the total amount of salary and benefits received by the replaced officer during his or her training period.

Sec. 2   RCW 43.101.220 and 2009 c 146 s 2 are each amended to read as follows:
     (1) The corrections personnel of the state and all counties and municipal corporations initially employed on or after January 1, 1982, shall engage in basic corrections training which complies with standards adopted by the commission. The training shall be successfully completed during the first six months of employment of the personnel, unless otherwise extended or waived by the commission, and shall be requisite to the continuation of employment.
     (2) The commission shall provide the training required in this section, together with facilities, supplies, materials, and the room and board for noncommuting attendees. Effective July 1, 2012, the county or municipal agency that employs the correctional personnel shall reimburse the commission fifty percent of the total cost of training.
     (3)(a) Subsections (1) and (2) of this section do not apply to the Washington state department of corrections prisons division. The Washington state department of corrections is responsible for identifying training standards, designing curricula and programs, and providing the training for those corrections personnel employed by it. In doing so, the secretary of the department of corrections shall consult with staff development experts and correctional professionals both inside and outside of the agency, to include soliciting input from labor organizations.
     (b) 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.

Sec. 3   RCW 43.101.224 and 1999 c 389 s 2 are each amended to read as follows:
     (1) On-going specialized training shall be provided for persons responsible for investigating child sexual abuse. Training participants shall have the opportunity to practice interview skills and receive feedback from instructors.
     (2) The commission, the department of social and health services, the Washington association of sheriffs and police chiefs, and the Washington association of prosecuting attorneys shall design and implement statewide training that contains consistent elements for persons engaged in the interviewing of children for child sexual abuse cases, including law enforcement, prosecution, and child protective services.
     (3) The training shall: (a) Be based on research-based practices and standards; (b) minimize the trauma of all persons who are interviewed during abuse investigations; (c) provide methods of reducing the number of investigative interviews necessary whenever possible; (d) assure, to the extent possible, that investigative interviews are thorough, objective, and complete; (e) recognize needs of special populations, such as persons with developmental disabilities; (f) recognize the nature and consequences of victimization; (g) require investigative interviews to be conducted in a manner most likely to permit the interviewed persons the maximum emotional comfort under the circumstances; (h) address record retention and retrieval; and (i) ((documentation of)) document investigative interviews.
     (4) Effective July 1, 2012, the employing county or city agency shall reimburse the commission for fifty percent of the total cost of training its personnel under this section.

Sec. 4   RCW 43.101.225 and 2003 c 37 s 3 are each amended to read as follows:
     (1) By June 30, 2006, every new full-time law enforcement officer employed, after July 27, 2003, by a state, county, or municipal law enforcement agency shall be trained on vehicular pursuits.
     (2) Beginning July 1, 2006, every new full-time law enforcement officer employed by a state, county, or municipal law enforcement agency shall be trained on vehicular pursuits, within six months of employment.
     (3) Nothing in chapter 37, Laws of 2003 requires training on vehicular pursuit of any law enforcement officer who is employed in a state, county, or city law enforcement agency on July 27, 2003, beyond that which he or she has received prior to July 27, 2003.
     (4) Effective July 1, 2012, the county or city agency that employs the law enforcement personnel shall reimburse the commission for fifty percent of the total cost of training its personnel under this section.

Sec. 5   RCW 43.101.227 and 2003 c 270 s 1 are each amended to read as follows:
     (1) The commission must offer a training session on ((law enforcement)) the interaction of law enforcement personnel with persons with a developmental disability or mental illness. The training must be developed by the commission in consultation with appropriate self advocate and family advocate groups and with appropriate community, local, and state organizations and agencies that have expertise in the area of working with persons with a developmental disability or mental illness. In developing the course, the commission must also examine existing courses certified by the commission that relate to persons with a developmental disability or mental illness.
     (2) The training must consist of classroom instruction or internet instruction and shall replicate likely field situations to the maximum extent possible. The training should include, at a minimum, core instruction in all of the following:
     (a) The cause and nature of mental illnesses and developmental disabilities;
     (b) How to identify indicators of mental illness and developmental disability and how to respond appropriately in a variety of common situations;
     (c) Conflict resolution and de-escalation techniques for potentially dangerous situations involving persons with a developmental disability or mental illness;
     (d) Appropriate language usage when interacting with persons with a developmental disability or mental illness;
     (e) Alternatives to lethal force when interacting with potentially dangerous persons with a developmental disability or mental illness; and
     (f) Community and state resources available to serve persons with a developmental disability or mental illness and how these resources can be best used by law enforcement to benefit persons with a developmental disability or mental illness in their communities.
     (3) The training shall be made available to law enforcement agencies, through electronic means, for use at their convenience and determined by the internal training needs and resources of each agency.
     (4) The commission shall make all reasonable efforts to secure private and nonstate public funds to implement this section.
     (5) Effective July 1, 2012, the county or city agency that employs the law enforcement personnel shall reimburse the commission for fifty percent of the total cost of training its personnel under this section.

Sec. 6   RCW 43.101.290 and 1993 c 127 s 5 are each amended to read as follows:
     The criminal justice training commission shall provide training for law enforcement ((officers)) personnel in identifying, responding to, and reporting all violations of RCW 9A.36.080 and any other crimes of bigotry or bias. Effective July 1, 2012, the county or city agency that employs the law enforcement personnel shall reimburse the commission for fifty percent of the total cost of training its personnel under this section.

Sec. 7   RCW 43.101.350 and 2007 c 382 s 2 are each amended to read as follows:
     (1) All law enforcement personnel initially hired to, transferred to, or promoted to a supervisory or management position on or after January 1, 1999, and all corrections personnel of the state and all counties and municipal corporations transferred or promoted to a supervisory or management position on or after January 1, 1982, shall, within the first six months of entry into the position, successfully complete the core training requirements prescribed by rule of the commission for the position, or obtain a waiver or extension of the core training requirements from the commission.
     (2) Within one year after completion of the core training requirements of this section, all law enforcement personnel and corrections personnel shall successfully complete all remaining requirements for career level certification prescribed by rule of the commission applicable to their position or rank, or obtain a waiver or extension of the career level training requirements from the commission.
     (3) The commission shall provide the training required in this section, together with facilities, supplies, materials, and the room and board for attendees who do not live within fifty miles of the training center. The training shall be delivered in the least disruptive manner to local law enforcement or corrections agencies, and will include but not be limited to regional on-site training, interactive training, and credit for training given by the home department. Effective July 1, 2012, the employing county or city agency that employs the law enforcement personnel shall reimburse the commission for fifty percent of the total cost of training its personnel.
     (4) Nothing in this section affects or impairs the employment status of an employee whose employer does not provide the opportunity to engage in the required training.

Sec. 8   RCW 43.101.370 and 1997 c 351 s 12 are each amended to read as follows:
     Each year the criminal justice training commission shall offer an intensive training session on investigation of child abuse and neglect. The training shall focus on the investigative duties of law enforcement established under chapter 26.44 RCW with particular emphasis placed on child interview techniques to increase the accuracy of statements taken from children and decrease the need for additional interviews.
     Effective July 1, 2012, the county or city agency shall reimburse the commission for fifty percent of the total cost of training its personnel under this section.

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