WSR 14-01-017

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[Filed December 9, 2013, 6:59 a.m.]

Original Notice.

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 June 11, 2014, at 10 a.m.

Date of Intended Adoption: June 11, 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 June 2, 2014.

Assistance for Persons with Disabilities: Contact Sonja Hirsch, rules coordinator, by June 9, 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 [are] simply mirroring the language of RCW 43.101.220.

December 9, 2013

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(1) A peace officer whose certification, commission, and/or licensing has been revoked, sanctioned, suspended, or is under review by this state or any other state or territory is not eligible for a basic reserve law enforcement academy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) For the purposes herein:

(a) "Reserve officer" includes any law enforcement 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; 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))) (3) 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))).

(4) The decision to request an officer's participation in the basic reserve law enforcement academy shall be discretionary with the head of the officer's employing agency, who shall advise the commission of the decision by appropriate notification upon hiring the officer. As a precondition of participation in the basic reserve law enforcement academy, applicants must satisfy those requirements set forth in RCW 43.101.080(19).

(5) A basic reserve certificate will be issued by the commission to any individual who successfully completes ((a)) 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.)) Reserve officers are not eligible for peace officer or tribal police officer certification, furthermore, employment as a specially commissioned peace officer/reserve officer is not considered continuous employment for the purposes set forth in RCW 43.101.095 and 43.101.157.