WSR 18-05-096 PROPOSED RULES CRIMINAL JUSTICE TRAINING COMMISSION [Filed February 21, 2018, 10:56 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 18-01-099. Title of Rule and Other Identifying Information: WAC 139-05-300 Requirement for in-service training. Hearing Location(s): On Wednesday, June 13, 2018, at 10 a.m., at the Washington state criminal justice training commission (WSCJTC), 19010 1st Avenue South, Room C-121, Burien, WA 98148. Date of Intended Adoption: June 13, 2018. Submit Written Comments to: Sonja Peterson, 19010 1st Avenue South, Burien, WA 98148, email speterson@cjtc.state.wa.us, by June 6, 2018. Assistance for Persons with Disabilities: Contact Sonja Peterson, phone 206-835-7356, TTY 206-835-7300, email speterson@cjtc.state.wa.us, by June 11, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 139-05-300 identifies the minimum in-service training requirements for certified and reserve peace officers. The addition of this language will add the online crisis intervention two-hour course as one of the mandated courses as per RCW 43.101.427. Statutory Authority for Adoption: RCW 43.101.080. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: WSCJTC staff, governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Bob Graham, Burien, Washington, 206-835-7302.
A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party. February 21, 2018 Sonja Peterson Rules Coordinator
AMENDATORY SECTION (Amending WSR 16-19-040, filed 9/14/16, effective 10/15/16)
WAC 139-05-300 Requirement for in-service training.
The commission recognizes that continuing education and training is the cornerstone for a successful career as a peace officer in providing competent public safety services to the communities of Washington state.
(1) Effective January 1, 2006, every peace officer certified under RCW 43.101.095 or 43.101.157 will complete a minimum of twenty-four hours of in-service training annually.
(a) This requirement is effective January 1, 2006, for incumbent officers.
(b) The in-service training requirement for each newly hired officer must begin on January 1st of the calendar year following their certification as a result of successful completion of the basic law enforcement academy, equivalency academy, or approved waiver as provided by WAC 139-03-030.
(c) Training may be developed and provided by the employer or other training resources.
(d) The commission will publish guidelines for approved in-service training.
(e) As of July 1, 2018, the twenty-four hours must include the successful completion of the training commission's two-hour annual online crisis intervention course prescribed under RCW 43.101.427.
(2) Effective January 1, 2016, every reserve peace officer as defined by WAC 139-05-810 will complete a minimum of twenty-four hours of in-service training annually.
(a) The in-service training requirement for each newly appointed reserve peace officer/tribal peace officer must begin on January 1st of the calendar year following their appointment as a result of successful completion of the basic reserve law enforcement academy, basic reserve academy equivalency process, or approved waiver as provided by WAC 139-03-030.
(b) Training may be developed and provided by the employer or other training resources.
(c) The commission will publish guidelines for approved in-service training.
(d) As of July 1, 2018, the twenty-four hours must include the successful completion of the training commission's two-hour annual online crisis intervention course prescribed under RCW 43.101.427.
(3) All records for training required for this rule must be maintained by the employing agency and be available for review upon request by an authorized commission representative.
(a) The commission will maintain records of successfully completed commission-registered courses.
(b) Upon request, the commission will furnish a recordkeeping template for use by agencies to track training.
(4) The sheriff or chief of an agency may request an extension of three months for peace officers in their employ by notification in writing to the commission, identifying those specific officers.
(a) A sheriff or chief may request a three-month personal extension of the requirement by doing so in writing to the commission.
(b) Written requests submitted under the provision of this subsection must be received by December 1st of the calendar year in question.
(c) The three month extension under this provision provides the individuals named until March 31st to complete the mandated twenty-four hours.
(d) Any training obtained during this three month extension only counts towards the previous year being audited.
(5) The commission auditor may, on a case-by-case basis, grant exceptions for individuals with extenuating circumstances where the employing agency has made every reasonable effort to obtain training for the officer.
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