AN
ACT Relating to criminal justice training; amending RCW 43.101.030; reenacting
and amending RCW 43.101.200; adding new sections to chapter 43.101 RCW; and
declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec.
1.
RCW 43.101.030 and 1981 c 132 s 3 are each amended to read as follows:
The
commission shall consist of ((twelve)) sixteen members, who shall
be selected as follows:
(1)
The governor shall appoint two incumbent sheriffs and two incumbent chiefs of
police.
(2)
The governor shall appoint one person employed in a county correctional system
and one person employed in the state correctional system.
(3)
The governor shall appoint one incumbent county prosecuting attorney or
municipal attorney.
(4)
The governor shall appoint one elected official of a local government.
(5)
The governor shall appoint one private citizen.
(6)
The governor shall appoint four peace officers with the rank of sergeant or
below and are currently serving as a training officer.
(7)
The three remaining members shall be:
(a)
The attorney general;
(b)
The special agent in charge of the Seattle office of the federal bureau of
investigation; and
(c)
The chief of the state patrol.
*Sec. 1 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 2. A
new section is added to chapter 43.101 RCW to read as follows:
(1)
Two separate training standards and education boards are created and
established, to be known and designated as (a) the board on law enforcement
training standards and education and (b) the board on correctional training
standards and education.
(2)
The purpose of the board on law enforcement training standards and education is
to review and recommend to the commission programs and standards for the
training and education of law enforcement personnel.
(3)
The purpose of the board on correctional training standards and education is to
review and recommend to the commission programs and standards for the training
and education of correctional personnel.
NEW
SECTION. Sec. 3. A
new section is added to chapter 43.101 RCW to read as follows:
(1)
The board on law enforcement training standards and education consists of
thirteen members, appointed by the executive director and subject to approval
by the commission. Members must be selected as follows: (a) Three must
represent county law enforcement agencies, at least two of whom must be
incumbent sheriffs; (b) three must represent city police agencies, at least two
of whom must be incumbent police chiefs, one of whom shall be from a city under
five thousand; (c) one must represent community colleges; (d) one must
represent the four-year colleges and universities; (e) four must represent the
council of police officers, two of whom must be training officers; and (f) one
must represent tribal law enforcement in Washington. The six officers under
(a) and (b) of this subsection may be appointed by the executive director only
after the Washington association of sheriffs and police chiefs provides the
director with the names of qualified officers. The four officers under (e) of
this subsection may be appointed by the executive director only after the
council of police officers provides the director with the names of qualified
officers.
(2)
The board on correctional training standards and education consists of fourteen
members, appointed by the executive director and subject to approval by the
commission. Members must be selected as follows: (a) Three must be employed
in the state correctional system; (b) three must be employed in county
correctional systems; (c) two must be employed in juvenile corrections or
probation, one at the local level and the other at the state level; (d) two
must be employed in community corrections; (e) one must represent community
colleges; (f) one must represent four-year colleges and universities; and (g) two
must be additional persons with experience and interest in correctional
training standards and education. At least one of the members appointed under
(a) of this subsection and at least one of the members appointed under (b) of
this subsection must be currently employed as front line correctional officers.
NEW
SECTION. Sec. 4. A
new section is added to chapter 43.101 RCW to read as follows:
All
members of each of the training standards and education boards must be appointed
for terms of six years, commencing on July 1st, and expiring on June 30th.
However, of the members first appointed three will serve for terms of two
years, four will serve for terms of four years, and four will serve for terms
of six years. A member chosen to fill a vacancy that has been created other
than by expiration of a term must be appointed for the unexpired term of the
member to be succeeded. A member may be reappointed for additional terms.
NEW
SECTION. Sec. 5. A
new section is added to chapter 43.101 RCW to read as follows:
A
member of either board appointed under section 3 of this act as an incumbent
official or because of employment status, ceases to be a member of the board
immediately upon the termination of the holding of the qualifying office or
employment.
NEW
SECTION. Sec. 6. A
new section is added to chapter 43.101 RCW to read as follows:
Each
training standards and education board shall elect a chair and vice-chair from
among its members. A simple majority of the members of a training standards
and education board constitutes a quorum. The commission shall summon each of
the training standards and education boards to its first meeting.
NEW
SECTION. Sec. 7. A
new section is added to chapter 43.101 RCW to read as follows:
Members
of the training standards and education boards may be paid their travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
NEW
SECTION. Sec. 8. A
new section is added to chapter 43.101 RCW to read as follows:
The
training standards and education boards have the following powers:
(1)
To meet at such times and places as they may deem proper;
(2)
To adopt bylaws for the conduct of their business as deemed necessary by each
board;
(3)
To cooperate with and secure the cooperation of any department, agency, or
instrumentality in state, county, or city government, and commissions affected
by or concerned with the business of the commission;
(4)
To do any and all things necessary or convenient to enable them fully and
adequately to perform their duties and to exercise the powers granted to them;
(5)
To advise the commission of the training and education needs of criminal
justice personnel within their specific purview;
(6)
To recommend to the commission standards for the training and education of
criminal justice personnel within their specific purview;
(7)
To recommend to the commission minimum curriculum standards for all training
and education programs conducted for criminal justice personnel within their
specific purview;
(8)
To recommend to the commission standards for instructors of training and
education programs for criminal justice personnel within their specific
purview;
(9)
To recommend to the commission alternative, innovative, and interdisciplinary
training and education techniques for criminal justice personnel within their
specific purview;
(10)
To review and recommend to the commission the approval of training and
education programs for criminal justice personnel within their specific
purview;
(11)
To monitor and evaluate training and education programs for criminal justice
personnel with their specific purview.
Each
training standards and education board shall report to the commission at the
end of each fiscal year on the effectiveness of training and education programs
for criminal justice personnel within its specific purview.
NEW
SECTION. Sec. 9. A
new section is added to chapter 43.101 RCW to read as follows:
For
the purpose of raising the level of competence of criminal justice personnel,
the commission shall review the recommendations of training standards and
education boards made under section 8 of this act.
NEW
SECTION. Sec. 10. A
new section is added to chapter 43.101 RCW 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, 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 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 agencies, and
will include but not be limited to regional on-site training, interactive
training, and credit for training given by the home department.
(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.
NEW
SECTION. Sec. 11. A
new section is added to chapter 43.101 RCW to read as follows:
By
January 1st of every odd-numbered year, the commission shall provide a written
report to the legislature addressing the following items: (1) Status and
satisfaction of service to its clients; (2) detailed analysis of how it will
maintain and update adequate state‑of‑the‑art training models
and their delivery in the most cost‑effective and efficient manner; and
(3) fiscal data projecting its current and future funding requirements.
NEW
SECTION. Sec. 12. A
new section is added to chapter 43.101 RCW 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.
Sec.
13. RCW
43.101.200 and 1993 sp.s. c 24 s 920 and 1993 sp.s. c 21 s 5 are each reenacted
and 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. 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.
NEW
SECTION. Sec. 14. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 15. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
