COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING LAW — 1994 Pa. Act 158 (historical enacted text)

Historical Act text

HOUSE AMENDED
19940S1670B2525 00782BIL:JL 03/04/94 #16 04/20/94
PRIOR PRINTER'S NOS. 2087, 2376 PRINTER'S NO. 2525
INTRODUCED BY ROBBINS, TILGHMAN, LEMMOND, AFFLERBACH, PETERSON,
BELL, GREENLEAF, LOEPER, SHUMAKER, REIBMAN, HELFRICK,
STEWART, LAVALLE, MADIGAN, PECORA AND HECKLER, APRIL 20, 1994
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 1994
AN ACT
1 Creating the County Probation and Parole Officers' Firearm
2 Education and Training Commission under the Pennsylvania
3 Board of Probation and Parole; providing for the commission's
4 membership, selection and compensation; providing for the
5 powers and duties of the commission; requiring training of
6 certain county probation and parole officers; and
7 establishing the County Probation and Parole Officers'
8 Firearm Education and Training Fund.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the County
13 Probation and Parole Officers' Firearm Education and Training
14 Law.
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Board." The Pennsylvania Board of Probation and Parole.
1 "Certification." The assignment of a certification number to
2 a probation or parole officer after successful completion of a
3 mandatory basic training course or receipt of a waiver of basic
4 training from the County Probation and Parole Officers' Firearm
5 Education and Training Commission and successful completion of
6 mandatory training.
7 "Commission." The County Probation and Parole Officers'
8 Firearm Education and Training Commission.
9 "Fund." The County Probation and Parole Officers' Firearm
10 Education and Training Fund established under section 8.
11 "Officer." A county probation or parole officer of this
12 Commonwealth.
13 "Program." The County Probation and Parole Officers' Firearm
14 Education and Training Program established in accordance with
15 this act.
16 "School." A school currently approved by the Municipal
17 Police Officers Education and Training Commission under the act
18 of June 18, 1974 (P.L.359, No.120), referred to as the Municipal
19 Police Education and Training Law.
20 "Weapon-carrying officer." A county probation or parole
21 officer who is authorized to carry a weapon in connection with
22 performance of the duties of his employment.
23 Section 3. The County Probation and Parole Officers' Firearm
24 Education and Training Commission.
25 There is hereby created a County Probation and Parole
26 Officers' Firearm Education and Training Commission under the
27 Pennsylvania Board of Probation and Parole. The commission shall
28 establish within six months following the appointment of
29 commission members a County Probation and Parole Officers'
30 Firearm Education and Training Program to provide firearm
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1 education and training in accordance with the provisions of this
2 act.
3 Section 4. Commission membership.
4 (a) Composition of commission.--The commission shall be
5 composed of the Chairman of the Board and six EIGHT other <--
6 members to be appointed by the Governor:
7 (1) Two full members of the Chief Probation Officer's <--
8 Association who are firearm qualified.
9 (2) One county adult line probation officer who is
10 firearm qualified.
11 (1) THREE COUNTY ADULT PROBATION OFFICERS WHO ARE FULL <--
12 MEMBERS OF THE COUNTY CHIEF ADULT PROBATION AND PAROLE
13 OFFICERS' ASSOCIATION OF PENNSYLVANIA, ONE OF WHOM IS A CHIEF
14 ADULT PROBATION OFFICER FROM A COUNTY AUTHORIZED TO CARRY
15 FIREARMS AND TWO OF WHOM ARE FIREARMS INSTRUCTORS CERTIFIED
16 AS SUCH BY THE NATIONAL RIFLE ASSOCIATION, THE PENNSYLVANIA
17 STATE POLICE OR THE FEDERAL BUREAU OF INVESTIGATION.
18 (2) ONE MEMBER OF THE PENNSYLVANIA COUNCIL OF CHIEF
19 JUVENILE PROBATION OFFICERS.
20 (3) ONE REPRESENTATIVE OF THE JUVENILE COURT JUDGES'
21 COMMISSION.
22 (3) (4) One judge of a court of common pleas of a county <--
23 that employs officers who carry firearms.
24 (4) (5) One director qualified under the act of June 18, <--
25 1974 (P.L.359, No.120), referred to as the Municipal Police
26 Education and Training Law.
27 (5) (6) One county commissioner from a county which <--
28 employs officers who carry firearms.
29 (b) Terms.--Terms of the members initially appointed shall
30 be two THREE members for one year, two THREE members for two <--
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1 years and two THREE members for three years, as designated by <--
2 the Governor at the time of appointment. Thereafter, terms shall
3 be for three years. Each member shall hold office until the
4 expiration of the term for which he was selected or until his
5 earlier death, resignation or removal or until his successor has
6 been selected and qualified, but in no event more than six
7 months beyond the expiration of the member's appointed term.
8 (c) Vacancies.--A member appointed to fill a vacancy created
9 by other than expiration of a term shall be appointed for the
10 unexpired term of the member who he is to succeed in the same
11 manner as the original appointment.
12 (d) Compensation.--The members of the commission shall serve
13 without compensation but shall be reimbursed the necessary and
14 actual expenses incurred in attending the meetings of the
15 commission and in the performance of their duties under this
16 act.
17 (e) Organization.--The commission shall elect from among its
18 members a chairman and other officers who shall hold office at
19 the pleasure of the commission. The commission shall act only
20 with the concurrence of the majority.
21 (f) Meetings and quorum.--The commission shall meet at least
22 four times each year until the program is implemented.
23 Thereafter, the commission shall meet as may be necessary, but
24 at least once annually. Special meetings may be called by the
25 chairman of the commission or upon written request of three
26 members. A quorum shall consist of four members of the
27 commission.
28 Section 5. Powers and duties of commission.
29 The powers and duties of the commission shall be as follows:
30 (1) To develop, establish and administer the minimum
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1 courses of study and training and competency standards for
2 firearm training for county probation and parole officers,
3 including an initial curriculum of at least 40 hours and
4 including the firing of a qualification course.
5 (2) To revoke an officer's certification for failing to
6 comply with educational and training requirements established
7 by the commission.
8 (3) To approve or revoke the approval for the purposes
9 of this act of any school which may be utilized to comply
10 with the educational and training requirements as established
11 by the commission.
12 (4) To establish the minimum qualifications for
13 instructors, to approve or revoke the approval of any
14 instructor and to develop the requirements for continued
15 certification.
16 (5) To promote the most efficient and economical program
17 for training by utilizing existing facilities, programs and
18 qualified Federal, State and local police personnel.
19 (6) To make an annual report to the Governor and to the
20 General Assembly concerning:
21 (i) the administration of the program; and
22 (ii) the activities of the commission, together with
23 any recommendations for executive or legislative actions.
24 (7) To require in accordance with this act county
25 probation and parole officers to attend a minimum number of
26 hours in in-service training as provided for by regulation,
27 unless the officer's employer files a show cause document
28 with the commission, requesting additional time for the
29 officer to comply with the in-service training requirements.
30 Approval of the request shall be made by the commission on a
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1 case-by-case basis.
2 (8) To appoint an administrative officer who shall serve
3 and be directly responsible to the commission.
4 (9) To consult and cooperate with universities,
5 colleges, community colleges and institutes for the
6 development of specialized courses for county probation and
7 parole officers.
8 (10) To consult and cooperate with departments and
9 agencies of this Commonwealth and other states and the
10 Federal Government concerned with county probation and parole
11 officer training.
12 (11) To certify officers who have satisfactorily
13 completed basic educational and training requirements as
14 established by the commission and to issue appropriate
15 certificates to these officers.
16 (12) To visit and inspect approved schools at least once
17 every two years. This inspection requirement does not apply
18 where training is conducted locally at a satellite center
19 consisting of a classroom and shooting range.
20 (13) To make rules and regulations and to perform other
21 duties as may be reasonably necessary or appropriate to
22 implement the training program for county probation and
23 parole officers.
24 (14) To consider granting waivers of mandatory basic
25 training to county probation and parole officers who have
26 successfully completed previous equivalent training.
27 (15) To maintain certifications and other records as
28 necessary.
29 (16) To issue reports to the president judges of the
30 courts of common pleas relating to compliance with this act.
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1 Section 6. Training mandatory.
2 Within two years of the establishment of the County Probation
3 and Parole Officers' Firearm Education and Training Program and
4 in accordance with the provisions of this act, a county shall
5 provide for the training of any officer in its county probation
6 and parole department who carries a firearm. Following this two-
7 year period, a county shall provide that training and
8 certification requirements of this act are met prior to a county
9 probation or parole officer being authorized to carry a firearm.
10 Section 7. Requirements for program participation or waiver.
11 In order to participate in the training program or be granted
12 a waiver of training requirements, at a minimum the officer
13 must:
14 (1) Be employed as a full-time county probation or
15 parole officer.
16 (2) Be a United States citizen.
17 (3) Not have been convicted of an offense graded a
18 misdemeanor of the first degree or greater or punishable by a
19 term of imprisonment of more than two years, unless in
20 possession of a waiver from the Bureau of Alcohol, Tobacco
21 and Firearms of the Department of the Treasury.
22 (4) Have had his fingerprints submitted by his employer
23 to the Pennsylvania State Police for the purposes of a
24 background investigation. The officer shall have results of
25 the investigation which indicate that the requirements of
26 paragraph (3) are met.
27 Section 8. County Probation and Parole Officers' Firearm
28 Education and Training Fund.
29 (a) Fund established.--There is hereby established the
30 County Probation and Parole Officers' Firearm Education and
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1 Training Fund as a restricted receipts account within the
2 General Fund. Moneys from this fund shall be used exclusively
3 for the purposes described under this section.
4 (b) Costs imposed.--Any person who accepts Accelerated
5 Rehabilitative Disposition or pleads guilty or nolo contendere
6 or is convicted of a felony or misdemeanor shall, in addition to
7 any other court costs imposed under the laws of this
8 Commonwealth, be sentenced to pay costs of $5. Costs collected
9 by the clerk of courts under this subsection shall be paid into
10 the fund. Moneys in the fund shall be used to offset or pay for:
11 (1) Training expenses.
12 (2) Commission expenses.
13 Disbursement and allocation of fund moneys shall be at the
14 discretion of the commission.
15 (c) Other moneys to be used.--In addition to payment of
16 training expenses as prescribed under subsection (b), training
17 expenses may also be paid out of the County Offender Supervision
18 Fund under section 477.20 of the act of April 9, 1929 (P.L.177,
19 No.175), known as The Administrative Code of 1929, or any other
20 county fund.
21 (D) JUVENILE PROBATION OFFICER PARTICIPATION.--IN THE EVENT <--
22 THAT SUFFICIENT FUNDS ARE NOT GENERATED UNDER THE PROVISIONS OF
23 SUBSECTION (B) TO FULLY FUND THE COSTS OF PROVIDING TRAINING TO
24 JUVENILE PROBATION OFFICERS, A TRAINING FEE REPRESENTING THE
25 PRORATED SHARE OF THE ADDITIONAL ACTUAL COST THEREOF SHALL BE
26 PAYABLE BY A PARTICIPATING JUVENILE PROBATION OFFICER'S COUNTY
27 OF EMPLOYMENT.
28 Section 9. Applicability.
29 This act shall apply to county JUVENILE PROBATION, adult <--
30 probation and OR parole officers only, and only such officers <--
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1 shall be eligible for training under this act.
2 Section 10. Effective date.
3 This act shall take effect as follows:
4 (1) Section 8(b) of this act shall take effect in 60
5 days.
6 (2) This section shall take effect in 60 days.
7 (3) The remainder of this act shall take effect in 240
8 days.
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