US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 51
                PEACE OFFICERS STANDARDS AND TRAINING COUNCIL
    19-5109.  POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND
EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (1) It shall be
the duty of and the council shall have the power:
    (a)  To establish the requirements of minimum basic training which peace
    officers shall complete in order to be eligible for permanent employment
    as peace officers, and the time within which such basic training must be
    completed. One (1) component of minimum basic training shall be a course
    in the investigation of and collection of evidence in cases involving an
    allegation of sexual assault or battery.
    (b)  To establish the requirements of minimum education and training
    standards for employment as a peace officer in probationary, temporary,
    part-time, and/or emergency positions.
    (c)  To establish the length of time a peace officer may serve in a
    probationary, temporary, and/or emergency position.
    (d)  To approve, deny approval or revoke the approval of any institution
    or school established by the state or any political subdivision or any
    other party for the training of peace officers.
    (e)  To establish the minimum requirements of courses of study,
    attendance, equipment, facilities of all approved schools, and the
    scholastic requirement, experience and training of instructors at all
    approved schools.
    (f)  To establish such other requirements for employment, retention and
    promotion of peace officers, including minimum age, physical and mental
    standards, citizenship, moral character, experience and such other matters
    as relate to the competence and reliability of peace officers.
    (g)  To certify peace officers as having completed all requirements
    established by the council in order to be eligible for permanent
    employment as peace officers in this state.
    (h)  To receive and file for record copies of merit regulations or local
    ordinances passed by any political subdivision.
    (i)  To maintain permanent files and transcripts for all peace officers
    certified by the council to include any additional courses or advance
    courses of instruction successfully completed by such peace officers while
    employed in this state.
    (j)  To allow a peace officer of a federally recognized Indian tribe
    within the boundaries of this state to attend the peace officer standards
    and training academy if said peace officer meets minimum physical and
    educational requirements of the academy. The Indian tribal law enforcement
    agency shall reimburse the peace officer standards and training academy
    for the officer's training. Upon satisfactory completion of the peace
    officer standards and training academy, the tribal peace officer shall
    receive a certificate of satisfactorily completing the academy.
    (2)  After January 1, 1974, any peace officer as defined in section
19-5101(d), Idaho Code, employed after January 1, 1974, except any elected
official or deputy serving civil process, the deputy director of the Idaho
state police, or any person serving under a temporary commission with any law
enforcement agency in times of natural or man-caused disaster declared to be
an emergency by the board of county commissioners or by the governor of the
state of Idaho, or those peace officers whose primary duties involve motor
vehicle parking and animal control pursuant to city or county ordinance, or
any peace officer acting under a special deputy commission from the Idaho
state police, shall be certified by the council within one (1) year of
employment; provided, however, that the council may establish criteria
different than that required of other peace officers for certification of city
police chiefs or administrators within state agencies having law enforcement
powers, who, because of the number of full-time peace officers they supervise,
have duties which are primarily administrative.  Any such chief of police or
state agency administrator employed in such capacity prior to July 1, 1987,
shall be exempt from certification.
    (3)  No peace officer shall have or exercise any power granted by any
statute of this state to peace officers unless such person shall have been
certified by the council within one (1) year of the date upon which such
person commenced employment as a peace officer, except in cases where the
council, for good cause and in writing, has granted additional time to
complete such training. The council shall decertify any officer who is
convicted of any felony or offense which would be a felony if committed in
this state. The council may decertify any officer who:
    (a)  Is convicted of any misdemeanor;
    (b)  Willfully or otherwise falsifies or omits any information to obtain
    any certified status; or
    (c)  Violates any of the standards of conduct as established by the
    council's code of ethics, as adopted and amended by the council.
    All proceedings taken by the council shall be conducted in accordance with
chapter 52, title 67, Idaho Code.
    (4)  Any law enforcement agency as defined in section 19-5101(c), Idaho
Code, in which any peace officer shall resign as a result of any disciplinary
action or in which a peace officer's employment is terminated as a result of
any disciplinary action, shall, within fifteen (15) days of such action, make
a report to the council.
    (5)  The council shall, pursuant to the requirements of this section,
establish minimum basic training and certification standards for county
detention officers that can be completed within one (1) year of employment as
a county detention officer.
    (6)  The council may, upon recommendation of the juvenile training council
and pursuant to the requirements of this section, implement minimum basic
training and certification standards for juvenile detention officers, juvenile
probation officers, and employees of the Idaho department of juvenile
corrections who are engaged in the direct care and management of juveniles.
    (7)  The council may, upon recommendation of the correction standards and
training counsel, and pursuant to the requirements of this section, establish
minimum basic training and certification standards for state correction
officers and for adult probation and parole officers.
    (8)  The council may reject any applicant for certification who has been
convicted of a misdemeanor, and the council shall reject an applicant for
certification who has been convicted of a felony, the punishment for which
could have been imprisonment in a federal or state penal institution.
    (9)  As used in this section, "convicted" means a plea or finding of
guilt, notwithstanding the form of judgment or withheld judgment, regardless
of whether the sentence is imposed, suspended, deferred or withheld, and
regardless of whether the plea or conviction is set aside or withdrawn or the
case is dismissed or reduced under section 19-2604, Idaho Code, or any other
comparable statute or procedure where the setting aside of the plea or
conviction, or dismissal or reduction of the case or charge, is based upon
lenity or the furtherance of rehabilitation rather than upon any defect in the
legality or factual basis of the plea, finding of guilt or conviction.