Supplemental Notice to WSR 04-08-130.

     Preproposal statement of inquiry was filed as WSR 04-05-064.

     Title of Rule and Other Identifying Information: Requirements of training for law enforcement and corrections dog handlers and certification of canine teams. This rule sets forth the minimum training requirements for canine teams, and identifies the areas in which the canine team must demonstrate satisfactory performance to become certified. Teams must be certified before they are allowed to be sued by police or corrections agencies.

     Hearing Location(s): Washington State Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148, on Wednesday, September 8, 2004, at 10:00 a.m.

     Date of Intended Adoption: September 8, 2004.

     Submit Written Comments to: Sharon M. Tolton, 19010 1st Avenue South, Burien, WA 98148, e-mail stolton@cjtc.state.wa.us, fax (206) 439-3860, by September 6, 2004.

     Assistance for Persons with Disabilities: Contact Sonja Hirsch by September 6, 2004, TTY (206) 835-7300.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Subsection (4) has been changed to reflect the intent of the certification that no team shall be assigned to work until minimum performance standards have been met.

     Subsection (4)(c) was corrected to reflect the actual number of hours of training hours. The two hundred hours was incorrect when the WAC was originally changed. Subsection (vii) was added to more accurately reflect the recent focus on searches made by explosive detection canine teams. There have been thirty plus explosive canine detection teams added in Washington state over the last year.

     Subsection (6)(d) was being interpreted by canine teams being tested, meaning they had to pass only one of the requirements to earn certification. This language was changed to reflect the actual requirement that all phases of the test must be passed for the team to earn certification.

     Subsection (6)(d)(iii) and (iv) were added to reflect the areas that will be tested for the explosive detection canine teams and the master protection dogs. Previously, the commission had not established standards for certification of these two types of teams.

     Subsection (iv) limits the number of times that a canine team can take the test to receive a passing grade to three. If the team cannot pass within the allotted three attempts, it was determined that the team may need remedial training before continuing the certification process.

     Subsection (7)(a)(i) the words if applicable were added because the use of microchips for canine identification is not mandated and some canines have not received this type of identification.

     Statutory Authority for Adoption: RCW 43.101.080.

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

     Name of Proponent: Staff in cooperation with the canine handlers that have been certifying the canine teams for the commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Doug Blair, Burien, Washington, (206) 835-7309.

     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.

     A cost-benefit analysis is not required under RCW 34.05.328.

August 3, 2004

Sharon M. Tolton

Deputy Director

OTS-6985.4

AMENDATORY SECTION(Amending WSR 03-07-100, filed 3/19/03, effective 4/19/03)

WAC 139-05-915   Requirements of training for law enforcement and corrections dog handlers and certification of canine teams.   (1) Title and scope: These rules are intended to set minimum standards of performance for the certification of canine teams that are used for law enforcement or corrections purposes. This process is not related to nor does it have any effect upon the requirements for peace officer certification. Nothing in these rules is intended to limit the use of canine teams employed by other state or federal agencies for law enforcement purposes, or the use of volunteer canine teams where the handler is not a Washington peace officer or corrections officer.

     (2) For purposes of this section, the following definitions shall apply:

     (a) "Dog handler" means any fully commissioned law enforcement officer or corrections officer of a state, county, city, municipality, or combination thereof, agency who is responsible for the routine care, control, and utilization of a police dog within a law enforcement or corrections assignment; and

     (b) "Canine team" means a specific officer and a specific canine controlled by that officer in the capacity of handler, formally assigned by the employing agency to work together in the performance of law enforcement, or corrections duties.

     (c) "Training" means any structured classroom or practical learning exercise conducted, evaluated, and documented by an experienced dog handler or trainer, certified as an instructor with recognized expertise on canine subjects associated with the development of the trainee's competency in the care, control, and utilization of a police dog.

     (d) "Evaluator" means a certified peace officer or corrections officer, who has a minimum of three years experience as a canine handler and is recognized as a trainer of canines by a professional organization of police and/or corrections canine handlers/trainers or by the handler's employing agency. The trainer must have trained a canine team in accordance with the training requirements of WAC 139-05-915, or be recognized by the commission as a certified instructor with expertise in canine training of a specific police canine subject for the purpose of testing and certifying canine handlers and dogs to work as a canine team.

     (3) A dog handler shall, as a precondition of such assignment, successfully complete the basic law enforcement academy program, or basic correction officer academy or otherwise comply with the basic training requirement prescribed by WAC 139-05-200 and 139-05-210 of the training commission.

     (4) Prior to((, or within the first six months of)) such assignment, a dog handler shall successfully complete training according to the nature and purpose of utilization of the police dog for which such handler is responsible.

     (a) A dog handler who is responsible for the routine and regular utilization of a police dog within general patrol or investigative activities, shall successfully complete a minimum of four hundred hours of training which shall include, but not be limited to:

     (i) Philosophies/theories of police canine;

     (ii) Legal and liability aspects, including applicable department policies;

     (iii) Public relations;

     (iv) Care and maintenance;

     (v) Obedience and control;

     (vi) Tracking;

     (vii) Trailing;

     (viii) Area searching;

     (ix) Building searching;

     (x) Evidence searching;

     (xi) Pursuit/holding; and

     (xii) Master protection.

     (b) A dog handler who is responsible for the primary and specialized utilization of a police dog in the search for and detection of specific substances, excluding explosives, shall successfully complete a minimum of two hundred hours of training which shall include, but not be limited to:

     (i) Philosophies/theories of police canine;

     (ii) Legal and liability aspects, including applicable department policies;

     (iii) Public relations;

     (iv) Care and maintenance;

     (v) Obedience and control;

     (vi) Area searching;

     (vii) Building searching;

     (viii) Evidence searching; ((and))

     (ix) Vehicle search; and

     (x) Detection of specific substances.

     (c) A dog handler who is responsible for the primary and specialized utilization of a police dog in the search for and detection of explosive substances and devices, shall successfully complete a minimum of ((two)) four hundred hours of training which shall include, but not be limited to:

     (i) Philosophies/theories of police canine;

     (ii) Legal and liability aspects, including applicable department policies;

     (iii) Public relations;

     (iv) Care and maintenance;

     (v) Obedience and control;

     (vi) Area searching;

     (vii) Private and commercial conveyance search;

     (viii) Building searching;

     (((viii))) (ix) Evidence searching; and

     (((iv))) (x) Detection of explosives.

     (d) A dog handler who is responsible for the routine and regular utilization of a police dog solely for self-protection and assistance in hostile or potentially hostile situations, shall successfully complete at least ((one hundred eighty)) two hundred hours of training which shall include, but not be limited to:

     (i) Philosophies/theories of police canine;

     (ii) Legal and liability aspects, including applicable department policies;

     (iii) Public relations;

     (iv) Care and maintenance;

     (v) Obedience and control;

     (vi) Pursuit/holding; and

     (vii) Master protection.

     (5) The commission shall develop and adopt a minimum performance standard for canine teams performing specific law enforcement or corrections functions. It shall be the handler's responsibility to keep their canines under control at all times. Each handler must be able to make his/her canine perform to a level that is deemed acceptable by the commission in the category for the team's intended use as a condition of certification.

     (6) Certification of canine teams:

     (a) The handler and the canine will be considered as a team and it is the team who will be certified. If the canine changes handlers, a new team exists and the team will need to be certified.

     (b) A dog handler may not use a canine for police purposes unless the handler is certified to handle a specific canine for a specific purpose.

     (c) In evaluating the proficiency of the canine team, the evaluators shall use the standards approved by the commission for that particular skill category. Performance shall be rated on a pass/fail basis. The evaluator shall have the discretion to discontinue the testing if excessive time has been spent without results, or if there is a concern about safety issues involving the canine, handler, or equipment.

     (d) The commission shall certify a canine team who can successfully show proficiency, under scrutiny of a canine evaluator, in ((one or more)) all of the following areas ((of patrol and investigation/or detection)).

     (i) Patrol and investigation:

     (A) Obedience;

     (B) Protection and control;

     (C) Area search;

     (D) Building search; and

     (E) Tracking.

     (ii) Detection:

     (A) Buildings;

     (B) Vehicles;

     (C) Exterior search; and

     (D) Obedience((; and

     (E) Building search)).

     (iii) Explosive detection dogs:

     (A) Obedience;

     (B) Buildings;

     (C) Private and commercial conveyance;

     (D) Exterior search.

     (iv) Master protection dogs:

     (A) Obedience;

     (B) Protection and control.

     (v) Expiration of certification: Each certification issued pursuant to these rules shall remain valid as long as the canine team does not change. A canine team's certification shall lapse if the specific handler and canine originally paired at the time of certification, cease to perform canine team functions together. It is recommended that teams recertify on an annual basis.

     (((iv))) (vi) Failure to pass certification: If the canine team fails any phase of an evaluation, he/she must be reevaluated in that particular phase. Patrol and investigation canine teams will be allowed three attempts to successfully pass the requirements of each phase. If the team does not pass by the third attempt, the team shall be reevaluated in all phases at a different time to be scheduled by the evaluator and approved by the commission.

     (((v))) (vii) Appeal: Any handler who believes there have been improper procedures applied in the testing process, may file an appeal with the commission in writing. This appeal must be filed within thirty days of the testing date pursuant to WAC 139-03-020.

     (7) Agency required to keep records:

     (a) Each agency shall keep training and performance records on canines. The records must stay with the agency responsible for the canine team. The records shall be made available for review in the event that the canine is sold or transferred to another agency. The records shall include, at a minimum, but not be limited to:

     (i) Microchip number (if applicable);

     (ii) Canine's name;

     (iii) Breed;

     (iv) Training received;

     (v) Certification date;

     (vi) Date acquired or purchased;

     (vii) Source from which the canine was acquired;

     (viii) Purpose, use, or assignment of canine;

     (ix) Handler's name;

     (x) The date and reason canine was released from service; and

     (xi) Copies of all incident reports in which use of the canine resulted in use of force.

     (b) These records shall be retained for a period of one year from the date the canine is removed from active service unless a longer retention is required by statute or local ordinance.

     (c) It shall be the responsibility of the handler to advise his/her employing agency of the fact that he/she has met the standards for canine certification. The proof of certification with the evaluator's signature along with a request for canine certification shall be submitted to the commission by the employing agency. This shall be considered as a request for certification. Upon verification that the minimum requirements have been met, the commission shall issue a certificate of certification to the canine team.

     (8) Canine recommended to be microchipped:

     (a) It is recommended that a canine intended to be used by a law enforcement or corrections agency, be positively identified by having a microchip inserted in the canine. Any canine that is sold by a vendor to a Washington state governmental agency for use as a law enforcement or corrections canine should be able to be identified by microchip placed in the canine at the vendor's expense prior to the canine being sold to the law enforcement or corrections agency.

     (b) Once the microchip has been inserted, it is recommended that it not be removed except for medical necessity. If it becomes necessary to remove the microchip, the reason for the removal must be documented and entered into the dog's training records, and a new microchip inserted if medically appropriate.

[Statutory Authority: RCW 43.101.080. 03-07-100, § 139-05-915, filed 3/19/03, effective 4/19/03; 00-17-017, § 139-05-915, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 86-19-021 (Order 1-B), § 139-05-915, filed 9/10/86.]

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