WSR 03-09-010

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed April 4, 2003, 11:05 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-05-090.

Title of Rule: WAC 139-10-215 Basic corrections academy equivalency certification.

Purpose: Making this change will bring the corrections standards in line with the standards for the Basic Law Enforcement Academy (BLEA). The current corrections statute does not address breaks in service. This equates to receiving lifetime certification upon completion of a Corrections Officers Academy (COA). Requiring employees to obtain equivalency after a break in employment of two or more years will keep officers up-to-date on changes in laws and best practices in a quickly changing and challenging field limiting liability for the commission and its stakeholders.

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 BLEA and COA.

Proposal Changes the Following Existing Rules: The change will allow for flexibility in dealing with students with varying needs or 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, an SBEIS 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**RCW 34.05.230 (1) through (8), unless a written objection is timely filed with the agency and the objection is not withdrawn.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 June 11, 2003, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Sonja Hirsch by June 9, 2003, 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 June 9, 2003.

Date of Intended Adoption: June 11, 2003.

April 4, 2003

Sonja Hirsch

Confidential Secretary

OTS-6209.1


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

WAC 139-10-215   Basic corrections academy equivalency certification.   (1) A certificate of equivalent basic corrections training shall be issued only to corrections employees who successfully complete the equivalency process as required by the Washington state criminal justice training commission and shall be recognized in the same manner as the certificate of completion of a basic corrections academy.

(2) Eligibility for participation in the basic equivalency process shall be limited to regular, full-time custody and case management employees of publicly funded corrections agencies within this state who have either:

(a) Obtained certification through successful completion of an accepted basic corrections training program in this or another state.

(b) Previously held certification in this state and incurred a break or interruption of corrections employment in excess of twenty-four months.

The determination of program acceptability shall be the responsibility of the commission's executive director or his/her designee and shall be based upon a description and/or curriculum specifying subject areas and hourly allocation thereto.

(3) The decision to request an employee's participation within the equivalency process shall be discretionary with the chief executive officer of the employing agency. Such request shall be made to the commission in the approved form, signed by the chief executive officer of the requesting agency and shall include:

(a) Documented certification of successful completion of a basic corrections training program accepted by the training commission for the purposes of equivalency participation pursuant to the provisions of section (2) above;

(b) Written curriculum detailing specific areas of training and hours of training in specific areas;

(c) Copies of current and valid basic cardiopulmonary resuscitation (CPR) card and current and valid basic or advanced first-aid card(s) taken within the past year;

(d) Statement of applicant's health and physical condition from a licensed physician giving clearance for participation in physical training and defensive tactics coursework.

(4) Following receipt and acceptance of the above by the training commission, the applicant may participate in the equivalency process which shall include written examinations of specific core material classes, practical testing in basic skill areas, and full participation in mock scenes.

(5) Upon completion of the examination process outlined in section (4) and evaluation of the applicant's performance, the training commission shall:

(a) Issue a certificate of equivalent basic training;

(b) Issue a certificate of equivalent basic training upon applicant's successful completion of additional training as the training commission may require;

(c) Require completion of the appropriate basic corrections academy program.

(6) Any waiver of, or variance in, any above requirement for equivalency participation and/or certification may be granted by the training commission if it is determined that sufficient justification exists for such action. Any action or determination by commission staff regarding a requestor or applicant for equivalency certification may, upon written request of the involved individual or agency, be appealed to the training commission executive director, or designee.

[Statutory Authority: RCW 43.101.080. 00-17-017, 139-10-215, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 91-01-041, 139-10-215, filed 12/12/90, effective 1/12/91.]

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