SB 706 — Clarifying duties of law-enforcement training and certification subcommittee

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 706 Senators Trump and Clements, original sponsors [Originating[Passed inFebruary the29, Committee2020; on Government Organization;

reportedin oneffect February90 12,days 2020]from passage]     AAN BILLACT to amend and reenact §30-29-3 and §30-29-5 of the Code of West Virginia, 1931, as amended, all relating to the duties of the law-enforcement training and certification subcommittee;

requiring graduates of state law-enforcement academies successfully complete complete an entry level law-enforcement examination promulgated by the law-enforcement training and certification subcommittee prior to certification;

These standards shall require satisfactory completion of a minimum of four hundred 800 classroom hours as promulgated by legislative rule shall provide for credit to be given for relevant classroom hours earned pursuant to training other than training at an established law-enforcement training academy if earned within five years immediately preceding the date of application for certification and shall provide that the required classroom hours can shall be accumulated on the basis of a part-time curricula spanning no more than twelve months or a full-time curricula;

(B) Personnel or personal information not resulting in a criminal conviction is exempt from disclosure pursuant to the provisions of chapter 29B of this code.code;

and (15) Submit, on or before September 30 of each year, to the Governor, the Speaker of the House, the President of the Senate, and, upon request, to any individual member of the Legislature a report on its activities during the previous year, and an accounting of funds paid into and disbursed from the special revenue account established pursuant to §30-29-4 of this code.code;

Provided, That such rules and procedures must be consistent with the priority criteria prescribed by generally applicable department procedures.procedures;

(17) Make recommendations to the Governor’s Committee on Crime, DelinquencyDelinquency, and Correction for legislation related to the subcommittee’s duties and responsibilities, or for research or studies by the Division of Administrative Services Justice and Community Services on topics related to the subcommittee’s duties and responsibilities.

(a) Except as provided in subsections (b) and (g) (e) of this section, a person may not be employed as a law-enforcement officer by any West Virginia law-enforcement agency or by any state institution of higher education or by the Public Service Commission of West Virginia on or after the effective date of this article unless the person is certified, or is certifiable in one of the mannersmanner specified in subsections subsection (c) through (e), inclusive of this section, by the subcommittee as having met the minimum entry level law-enforcement qualification and training program requirements promulgated pursuant to this article:

(b) Except as provided in subsection (g) (e) of this section, a person who is not certified, or certifiable in one of the mannersmanner specified in subsections subsection (c) through (e), inclusive, of this section, may be conditionally employed as a law-enforcement officer until certified:

Provided, That within 90 calendar days of the commencement of employment or the effective date of this article, if the person is already employed on the effective date, he or she makes a written application to attend an approved law-enforcement training academy and that the person satisfactorily completes the approved law-enforcement training academy within 18 consecutive months of the commencement of his or her employment: employment: Provided, however, That the subcommittee may grant an extension, one-time only, not to exceed six months, based upon a written request from the person justifying the need for such an extension:

Provided, however, That the subcommittee may grant an extension, one-time only, not to exceed six months, based upon a written request from the person justifying the need for such an extension:

Any applicant who, as the result of extenuating circumstances acceptable to his or her employing law-enforcement official, is unable to attend the scheduled training program to which he or she was admitted may reapply and shall be admitted to the next regularly scheduled training program. program. One year after the effective date of this section, certification as a law-enforcement officer within this state of persons who are not certifiable as provided in subsection (c) of this section, shall, in addition to graduation from an established academy in the state, be based on:  Current employment as a sworn law-enforcement officer by any West Virginia law-enforcement agency or any state institution of higher education or the Public Service Commission;

andOne theyear person’safter successfulthe completioneffective ofdate an approved entry level law-enforcement examination established by legislative rule of thethis subcommittee,section, whichcertification shallas include, at a minimum,law-enforcement writtenofficer testingwithin requirements,this medicalstate standards,of physicalpersons standards,who andare goodnot moralcertifiable characteras standardsprovided conducted in accordancesubsection with(c) such rule.  The production of athis recordsection, ofshall, successfulin passageaddition ofto thegraduation approvedfrom entryan levelestablished law-enforcementacademy examinationin shall indicate the applicantstate, asbe qualifiedbased underon: the law-enforcement training and certification standards within this state.

Current employment as a sworn law-enforcement officer by any West Virginia law-enforcement agency or any state institution of higher education or the Public Service Commission;

and the person’s successful completion of an approved entry level law-enforcement examination established by legislative rule of the subcommittee, which shall include, at a minimum, written testing requirements, medical standards, physical standards, and good moral character standards conducted in accordance with such rule.

The production of a record of successful passage of the approved entry level law-enforcement examination shall indicate the applicant as qualified under the law-enforcement training and certification standards within this state.

 Provided, however, And provided further, That an applicant who has completed the minimum  trainingtraining and examination required by the subcommittee may be certified as a law-enforcement officer, notwithstanding the applicant’s failure to complete additional training hours required in the training program to which he or she originally applied.

(c) Any person who isbegins employedemployment ason aor law-enforcementafter officer on the effective date of this article andas is a graduatelaw-enforcement ofofficer theis Westcertifiable Virginiaas basichaving policemet trainingthe course,minimum theentry Westlevel Virginialaw-enforcement Statetraining Policeprogram cadetrequirements trainingand program,is orexempt otherfrom approvedattending a law-enforcement training academy,academy isif certifiablethe asperson havinghas metsatisfactorily thecompleted minimuma entrycourse levelof law-enforcementinstruction trainingin programlaw requirementsenforcement andequivalent isto exemptor fromexceeding the requirementminimum ofapplicable attending a law-enforcement training academy.curricula promulgated by the subcommittee.

To receive certification, the person shall make written application within ninety calendar days of the effective date of this article to the subcommittee requesting certification.

The subcommittee shall review the applicant’s relevant scholastic records and, upon determining that the applicant has met the requirements for certification, shall forward to the applicant documentation of certification.

(d) Any person who is employed as a law-enforcement officer on the effective date of this article and is not a graduate of the West Virginia basic police training course, the West Virginia State Police Cadet Training Program or other approved law-enforcement training academy, is certifiable as having met the minimum entry level law-enforcement training program requirements and is exempt from the requirement of attending a law-enforcement training academy if the person has been employed as a law-enforcement officer for a period of not less than five consecutive years immediately preceding the date of application for certification.

To receive certification, the person shall make written application within ninety calendar days following the effective date of this article to the subcommittee requesting certification.

The application shall include notarized statements as to the applicant’s years of employment as a law-enforcement officer.

The subcommittee shall review the application and, upon determining that the applicant has met the requirements for certification, shall forward to the applicant documentation of certification (e) (c) Any person who begins employment on or after the effective date of this article as a law-enforcement officer is certifiable as having met the minimum entry level law-enforcement training program requirements and is exempt from attending a law-enforcement training academy if the person has satisfactorily completed a course of instruction in law enforcement equivalent to or exceeding the minimum applicable law-enforcement training curricula promulgated by the subcommittee.

(f) (d) Except as provided in subdivisions (1) through (3), inclusive, of this subsection, any person who is employed as a law-enforcement officer on or after the effective date of this article and fails to be certified shall be automatically terminated and no further emoluments shall be paid to such officer by his or her employer.

(g) (e) Nothing in this article may be construed as prohibiting any governing body, Civil Service Commission or chief executive of any West Virginia law-enforcement agency from requiring their law-enforcement officers to meet qualifications and satisfactorily complete a course of law-enforcement instruction which exceeds the minimum entry level law-enforcement qualification and training curricula promulgated by the subcommittee.

(h) (f) The subcommittee, or its designee, may decertify or reactivate a law-enforcement officer pursuant to the procedure contained in this article and legislative rules promulgated by the subcommittee.

(i) (g) Any person aggrieved by a decision of the subcommittee made pursuant to this article may contest the decision in accordance with the provisions of §29A-5-1 et seq.

(j) (h) The subcommittee may issue subpoenas for the attendance of witnesses and the production of necessary evidence or documents in any proceeding, review, or investigation relating to certification or hearing before the subcommittee.

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The purpose of this bill is to clarify the duties of the law-enforcement training and certification subcommittee, provide for a minimum of 800 classroom hours for a law-enforcement academy, clarify that the required classroom hours shall be accumulated on the basis of a full-time curricula, authorize the law-enforcement training and certification subcommittee to deny an application for the establishment of a new law-enforcement academy if it is determined that no need exists, require that a person seeking certification complete the approved law-enforcement training academy within 18 consecutive months of the commencement of employment as a law-enforcement officer, authorize extensions of such requirement, require graduates of state law-enforcement academies successfully complete an entry level law-enforcement examination promulgated by the law-enforcement training and certification subcommittee prior to certification, establish time frames for completion of training requirements, and make technical corrections.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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