WSR 06-10-001

PROPOSED RULES

CRIMINAL JUSTICE

TRAINING COMMISSION

[ Filed April 19, 2006, 1:40 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-24-007.

Title of Rule and Other Identifying Information: WAC 139-05-200 Requirement of basic law enforcement training, tribal police officers in Washington state, natural resource investigators employed by the Washington department of natural resources, special agents employed by the Washington state gambling commission, and liquor enforcement officers employed by the Washington state liquor control board (officers/investigators/agents) who attend the basic training or basic equivalency training are not recognized in the same manner as Washington peace officers who meet the same training requirements. When they return to their agency, they may be cross-commissioned by local law enforcement agencies to enforce Washington laws and laws pertaining to their agency. Their law enforcement service is not recognized as on-going law enforcement service. This means that if they leave their agency and are employed as a Washington peace officer, the time served at their agency is considered a break in law enforcement service for the purpose of this WAC. This requires the officer/investigator/agent to complete another equivalency academy before they are eligible to be certified. This change will recognize their law service with their agency as on-going law enforcement service if the officer/investigator/agent completes a basic law enforcement academy or the basic law enforcement equivalency academy.

Hearing Location(s): Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148, on June 14, 2006, at 10:00 a.m.

Date of Intended Adoption: June 14, 2006.

Submit Written Comments to: Cheryl Price, Criminal Justice Training Commission, 19010 1st Avenue South, Burien, WA 98148, e-mail cprice@cjtc.state.wa.us, fax (206) 835-7924, by April 19 [June 7], 2006.

Assistance for Persons with Disabilities: Contact Cheryl Price by May 31, 2006, (206) 835-7358.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this change is to recognize certain law enforcement officers with limited authority or tribal commissions, who meet the same basic training requirements that fully commissioned peace officers do in the same or similar manner. Only officers who are mandated to attend the academy have their law enforcement service recognized as on-going law enforcement service. Law enforcement officers who are not mandated to attend, but whose employers have made it a practice to have those officers attend the same basic training, do not have their law enforcement service counted as on-going, but rater as a break in law enforcement service. This means that a law enforcement officer who attended the basic or equivalency academy, with a limited or tribal commission, would have to attend the equivalency academy after twenty-four months of employment with that limited authority agency if they were to become employed as a Washington peace officer. The majority of the work done by these agents, officers and investigators is the enforcement of all state laws within their jurisdictional limits.

The anticipated effect of this change is that officers, agents and investigators whose service is recognized by the Washington state criminal justice training commission as on-going, will not have to attend the basic equivalency academy if they were to become employed by an agency that mandates attendance to a basic academy or equivalency as a condition of continued employment. This change does not affect the authority, or commission of the officer, however, it will recognize the officer's, agent's or investigator's training accomplishments and continued service as not being a break in law enforcement service.

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 Proponent: Washington state criminal justice training commission staff, governmental.

Name of Agency Personnel Responsible for Drafting and Enforcement: Doug Blair, Burien, (206) 835-7352; and Implementation: Michael D. Parsons, Burien, (206) 835-7347.

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. 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.

April 19, 2006

Cheryl A. Price

Rules Coordinator

OTS-8509.3


AMENDATORY SECTION(Amending WSR 05-20-029, filed 9/28/05, effective 10/29/05)

WAC 139-05-200   Requirement of basic law enforcement training.   (1) All fully commissioned law enforcement officers of a city, county, or political subdivision of the state of Washington, except volunteers and reserve officers, whether paid or unpaid, and officers of the Washington state patrol, unless otherwise exempted by the commission must, as a condition of continued employment, successfully complete a basic law enforcement academy or an equivalent basic academy sponsored or conducted by the commission. Basic law enforcement training must be commenced within the initial six-month period of law enforcement employment, unless otherwise extended by the commission.

(2) Law enforcement personnel exempted from the requirement of subsection (1) of this section include:

(a) Individuals holding the office of sheriff of any county on September 1, 1979; and

(b) Commissioned personnel:

(i) Whose initial date of full-time, regular and commissioned law enforcement employment within the state of Washington precedes January 1, 1978; ((or))

(ii) Who have received a certificate of completion in accordance with the requirement of subsection (1) of this section, and thereafter have engaged in regular and commissioned law enforcement employment without break or interruption in excess of twenty-four months duration; or

(iii) Who are employed as tribal police officers in Washington state, natural resource investigators employed by the Washington department of natural resources, special agents employed by the Washington state gambling commission, and liquor enforcement officers employed by the Washington state liquor control board who have received a certificate of successful completion from the basic law enforcement academy or the basic law enforcement equivalency and thereafter engage in regular and commissioned law enforcement employment with that agency without break or interruption in excess of twenty-four months duration.

(3) Each law enforcement agency of the state of Washington, or any political subdivision thereof, must immediately notify the commission by approved form of each instance where a commissioned officer begins continuing and regular employment with that agency.

(4) Failure to comply with any of the above requirements of basic law enforcement training will result in notification of noncompliance by the commission to:

(a) The individual in noncompliance;

(b) The head of his/her agency; and

(c) Any other agency or individual, as determined by the commission.

[Statutory Authority: RCW 43.101.080. 05-20-029, 139-05-200, filed 9/28/05, effective 10/29/05; 03-19-123, 139-05-200, filed 9/17/03, effective 10/18/03; 00-17-017, 139-05-200, filed 8/4/00, effective 9/4/00. Statutory Authority: RCW 43.101.080(2). 89-13-024 (Order 14D), 139-05-200, filed 6/13/89; 87-19-104 (Order 14-D), 139-05-200, filed 9/18/87; 86-19-021 (Order 1-B), 139-05-200, filed 9/10/86.]

Washington State Code Reviser's Office