Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-18-067.

     Title of Rule: WAC 139-10-221 Scholastic performance requirements for basic corrections training.

     Purpose: Making this change will bring the corrections standard in line with the standard for the basic law enforcement academy. The current WAC does not allow for flexibility in dealing with students with varying needs of remediation. This presents a hardship for stakeholders who cannot afford to send their student through the entire academy again to pass possibly one skill or examination. Proposed change will allow staff flexibility and insure the greatest possibility for students to successfully complete the academy with the required skills and knowledge.

     Statutory Authority for Adoption: RCW 43.101.080.

     Summary: Stakeholders were contacted by letter to advise of the intended rule amendments. Proposals also listed on the agency website.

     Name of Agency Personnel Responsible for Drafting and Enforcement: Al Isaac, Burien, (206) 835-7306; and Implementation: Michael D. Parsons, Burien, (206) 835-7347.

     Name of Proponent: Criminal Justice Training Commission staff, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: This change will increase the successful completion of basic corrections academies and will limit agencies from being required to send students through the academy a second time. Student success will increase, as staff will have the freedom to tailor retesting to ensure the specific skills or knowledge is gained. It will also provide a consistent standard for both the law enforcement and corrections academies.

     Proposal Changes the Following Existing Rules: The change will allow for flexibility in dealing with students with varying needs of remediation.

     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. RCW 19.85.025(2), this chapter does not apply to a rule proposed for expedited adoption under RCW 34.05.230 (1) through (8), unless a written objection is timely filed with the agency and the objection is not withdrawn.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, on December 11, 2002, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Sonja Hirsch by December 9, 2002, TDD (206) 835-7300.

     Submit Written Comments to: Sharon M. Tolton, Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148-2055, fax (206) 439-3860, by December 9, 2002.

     Date of Intended Adoption: December 11, 2002.

September 17, 2002

Sharon M. Tolton

Deputy Director

OTS-5896.1

AMENDATORY SECTION(Amending WSR 00-17-017, filed 8/4/00, effective 9/4/00)

WAC 139-10-221   Scholastic performance requirements for basic corrections training.   (1) Each trainee in a basic corrections academy shall receive certification only upon full and successful completion of the basic academy process as prescribed by the Washington state criminal justice training commission. The performance of each trainee shall be evaluated as follows:

     (a) Scholastic achievement. A standardized examination process shall be utilized by each corrections academy sponsored or conducted by the commission, in evaluating the level of scholastic achievement of each trainee. Such process shall include the application of a minimum passing score for written examinations in each academy, as determined by the rules of the commission and include the availability of a retesting procedure. ((Retesting of each trainee shall be limited to one retest for each written examination.))

     (b) Skill proficiency. A standardized examination process shall be utilized by each corrections academy sponsored or conducted by the commission, in evaluating the level of skill proficiency of each trainee. Such process shall include application of a minimum passing score of seventy percent for demonstration of all skill proficiencies identified by the commission and include the availability of a retesting procedure. ((Retesting shall be limited to one retest for each identified skill proficiency testing procedure.))

     (c) Employing agencies will be notified of test results within twenty-four hours in the case of test failure. Agency authorization for retesting must occur before the retest examination is conducted. Subsequent failure of the retest will result in commission notification to the employing agency executive director, or designee, and removal of the affected trainee from the academy.

     (2) In the event of retest failure, and subsequent academy removal, a letter of training attendance will be sent to the employing agency and a certificate of completion will not be awarded. The affected trainee will not be eligible for reentry into that same academy for a three-month period, if continually employed by the same agency.

     Hours of successfully completed training will be recorded by the commission in the trainee's commission training record.

[Statutory Authority: RCW 43.101.080. 00-17-017, § 139-10-221, filed 8/4/00, effective 9/4/00.]

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