WSR 18-16-115
[Filed August 1, 2018, 9:40 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-12-044.
Title of Rule and Other Identifying Information: WAC 139-10-215 Basic corrections academy equivalency certification.
Hearing Location(s): On Wednesday, September 12, 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: September 12, 2018.
Submit Written Comments to: Sonja Peterson, 19010 1st Avenue South, Burien, WA 98148, email, by September 10, 2018.
Assistance for Persons with Disabilities: Contact Sonja Peterson, phone 206-835-7356, TTY 206-835-7300, email, by September 10, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 139-10-215 clearly identifies parameters of eligibility to participate in the corrections equivalency course. It details who is eligible to participate in the corrections equivalency course, as the current language allows a break in service in excess of twenty-four months with no limit of time. As skills deteriorate over time, it is important to identify when a corrections officer should be required to attend a full academy as opposed to an equivalency.
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: Tisha Jones, Lacey, Washington, 360-486-2431; Implementation and Enforcement: Ian Edwards, Burien, Washington, 206-835-7321.
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.
August 1, 2018
Sonja Peterson
Rules Coordinator
AMENDATORY SECTION(Amending WSR 03-13-098, filed 6/17/03, effective 7/18/03)
WAC 139-10-215Basic 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 but less than sixty months and who are required to attend the equivalency.
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.