SHERIFF AND DEPUTY SHERIFF EDUCATION AND TRAINING ACT — 1984 Pa. Act 2 (historical enacted text)

Historical Act text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 439, 714, 1240, PRINTER'S NO. 1621
1566
INTRODUCED BY GREENLEAF, O'PAKE, MOORE, O'CONNELL, REIBMAN,
CORMAN, BRIGHTBILL, FISHER, SHAFFER, WENGER, PECORA, HOPPER
AND KELLEY, FEBRUARY 24, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 14, 1983
AN ACT
1 Providing for the education and training of deputy sheriffs;
2 creating the Deputy Sheriffs' Education and Training
3 Commission REVIEW BOARD UNDER THE PENNSYLVANIA COMMISSION ON <--
4 CRIME AND DELINQUENCY; providing for the powers and duties of
5 the commission BOARD and the Attorney General; establishing <--
6 the Deputy Sheriffs' Education and Training Fund ACCOUNT; <--
7 providing for a surcharge on sheriffs' fees; and providing
8 penalties.
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 Deputy
13 Sheriffs' Education and Training Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Commission." The Deputy Sheriffs' Education and Training <--
1 Commission.
2 "Fund." The Deputy Sheriffs' Education and Training Fund.
3 Section 3. Commission.
4 (a) Establishment.--There is hereby established the Deputy
5 Sheriffs' Education and Training Commission.
6 "ACCOUNT." THE DEPUTY SHERIFFS' EDUCATION AND TRAINING <--
7 ACCOUNT.
8 "BOARD." THE DEPUTY SHERIFFS' EDUCATION AND TRAINING BOARD.
9 "COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND
10 DELINQUENCY.
11 SECTION 3. THE DEPUTY SHERIFFS' EDUCATION AND TRAINING BOARD.
12 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED WITHIN THE
13 COMMISSION AN ADVISORY BOARD TO BE KNOWN AS THE DEPUTY SHERIFFS'
14 EDUCATION AND TRAINING BOARD.
15 (b) Composition.--The commission BOARD shall be composed of <--
16 nine members as follows:
17 (1) The Attorney General.
18 (2) Two judges of the courts of common pleas from
19 different counties.
20 (3) Two sheriffs from different counties WITH A MINIMUM <--
21 OF SIX YEARS EXPERIENCE AS A SHERIFF.
22 (4) Three individuals from different counties with a
23 minimum of 12 8 years experience each as a deputy sheriff, to <--
24 be appointed by the Governor. from a list of candidates <--
25 submitted by the Deputy Sheriffs' Association of
26 Pennsylvania.
27 (5) One educator qualified in the field of curriculum
28 design.
29 (c) Appointments and terms.--All members of the commission <--
30 BOARD, other than the Attorney General, who shall be a permanent <--
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1 member, shall be appointed by the Governor for a period of three
2 years except that upon the effective date of this act the
3 Governor shall appoint one judge for a period of two years, one
4 sheriff for a period of two years and one deputy sheriff for a
5 period of one year. ANY MEMBER OF THE BOARD SHALL CEASE TO BE A <--
6 MEMBER OF SAID BOARD, IMMEDIATELY UPON TERMINATION OF SERVICE IN
7 THE POSITION BY WHICH THAT PERSON WAS ELIGIBLE FOR MEMBERSHIP OR
8 APPOINTED AS A MEMBER OF THE BOARD.
9 (d) Vacancies.--A member appointed to fill a vacancy created
10 by any reason other than expiration of a term shall be appointed
11 for the unexpired term of the member whom he is to succeed in
12 the same manner as the original appointment.
13 (e) Expenses.--The members of the commission shall be <--
14 compensated at the rate of $100 a day up to a maximum of $1,200
15 in any one year and, in addition thereto, shall be reimbursed
16 for the necessary and actual expenses incurred in attending the
17 meetings of the commission and in the performance of their
18 duties under this act.
19 (E) EXPENSES.--THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT <--
20 COMPENSATION BUT SHALL BE REIMBURSED THE NECESSARY AND ACTUAL
21 EXPENSES INCURRED IN ATTENDING THE MEETINGS OF THE BOARD AND IN
22 THE PERFORMANCE OF THEIR DUTIES UNDER THIS ACT.
23 (f) Removal.--Members of the commission BOARD, other than <--
24 the Attorney General, may be removed by the Governor for good
25 cause upon written notice from the Governor specifically setting
26 forth the cause for removal.
27 (g) Chairman.--The members of the commission BOARD shall <--
28 elect a chairman from among the members to serve for a period of
29 one year. A chairman may be elected to serve successive terms.
30 The Governor shall designate the first chairman for
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1 organizational purposes only.
2 (h) Meetings and quorum.--The chairman shall summon the
3 members of the commission BOARD to the first meeting within 125 <--
4 120 days of the effective date of this act. The commission BOARD <--
5 shall meet at least four times each year. Special meetings may
6 be called by the chairman of the commission BOARD or upon <--
7 written request of three members. A quorum shall consist of five
8 members.
9 Section 4. Powers and duties of the commission BOARD. <--
10 The BOARD WITH THE REVIEW AND APPROVAL OF THE commission <--
11 shall:
12 (1) Establish, implement and administer the Deputy
13 Sheriffs' Education and Training Program according to the
14 minimum requirements set forth in this act.
15 (2) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR <--
16 THE MINIMUM COURSES OF STUDY AND TRAINING FOR DEPUTY
17 SHERIFFS.
18 (3) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR
19 COURSES OF STUDY AND IN-SERVICE TRAINING FOR DEPUTY SHERIFFS
20 APPOINTED PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
21 (4) ESTABLISH, IMPLEMENT AND ADMINISTER REQUIREMENTS FOR
22 A CONTINUING EDUCATION PROGRAM FOR ALL DEPUTY SHERIFFS
23 CONCERNING SUBJECTS THE BOARD MAY DEEM NECESSARY AND
24 APPROPRIATE FOR THE CONTINUED EDUCATION AND TRAINING OF
25 DEPUTY SHERIFFS.
26 (2) (5) Approve or revoke the approval of any school <--
27 which may be utilized to comply with the educational and
28 training requirements of this act.
29 (3) (6) Establish the minimum qualifications for <--
30 instructors and certify instructors.
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1 (4) (7) Consult and cooperate with universities, <--
2 colleges, law schools, community colleges and institutes for
3 the development of specialized courses for deputy sheriffs.
4 (5) (8) Promote the most efficient and economical <--
5 program for deputy sheriff training by utilizing existing
6 facilities, programs and qualified State and local personnel.
7 (6) (9) Certify deputy sheriffs who have satisfactorily <--
8 completed the basic education and training requirements of
9 this act and issue appropriate certificates to them.
10 (7) (10) Make rules and regulations and perform other <--
11 duties as may be reasonably necessary or appropriate to
12 administer the education and training program for deputy
13 sheriffs.
14 (8) Enter into contracts and employ an executive <--
15 director and other personnel as may be necessary or
16 appropriate for the administration of the program.
17 (9) (11) Make an annual report to the Governor and to
18 the General Assembly concerning:
19 (i) The administration of the Deputy Sheriffs'
20 Education and Training Program.
21 (ii) The activities of the commission BOARD. <--
22 (iii) The costs of the program.
23 Section 5. Program content TRAINING PROGRAM. <--
24 The Deputy Sheriffs' Education and Training Program shall
25 include appropriate concentration in the following areas for a <--
26 total of not less than 160 hours: TRAINING FOR A TOTAL OF 160 <--
27 HOURS WHICH CONTENT SHALL BE DETERMINED BY REGULATION.
28 (1) History of the office of sheriff and survey of the <--
29 court systems and State and local governments of this
30 Commonwealth.
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1 (2) Weapons training.
2 (3) Civil process and civil procedure.
3 (4) Transportation and security of prisoners and
4 courtroom security.
5 (5) Law enforcement duties, criminal investigation and
6 criminal law and procedure.
7 (6) Other subjects the commission may deem necessary and
8 appropriate for the education and training of deputy
9 sheriffs.
10 Section 6. Continuing education.
11 The BOARD WITH THE REVIEW AND APPROVAL OF THE commission <--
12 shall establish a continuing education program for all deputy
13 sheriffs, which shall include not less than 16 nor more than 20
14 hours of continuing education every two years, concerning
15 subjects the commission BOARD may deem necessary and appropriate <--
16 for the continued education and training of deputy sheriffs.
17 Section 7. Training requirement.
18 (a) Application of act.--Every sheriff of this Commonwealth
19 shall assure that each full-time or part-time deputy employed by
20 him who has less than five years of experience on the effective
21 date of this act receives the training provided for in sections
22 5 and 6.
23 (b) Prior education, training or experience.--The BOARD WITH <--
24 THE REVIEW AND APPROVAL OF THE commission shall have the
25 authority and the discretion to reduce the hours of education
26 and training required in section 5 for those deputy sheriffs
27 required to receive education and training who, because of prior
28 education, training or experience, have acquired knowledge or
29 skill equivalent to that provided by the program.
30 (c) Certification requirement for continued compensation.--
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1 Any person hired as a full-time or part-time deputy sheriff who
2 has less than five years of experience on the effective date of
3 this act shall, at the end of two years from the effective date
4 of this act, be ineligible to receive any salary, compensation
5 or other consideration or thing of value for the performance of
6 his duties as a deputy sheriff unless he has met all of the
7 requirements established by the commission PURSUANT TO THIS ACT <--
8 and has been duly certified as having met those requirements by
9 the BOARD WITH THE REVIEW AND APPROVAL OF THE commission, unless <--
10 the deputy sheriff is granted additional time to complete his
11 training by the commission. BOARD WITH THE REVIEW AND APPROVAL <--
12 OF THE COMMISSION. ANY NEW DEPUTY HIRED BY THE SHERIFF AFTER
13 JULY 1, 1985 SHALL HAVE ONE YEAR IN WHICH TO COMPLETE HIS OR HER
14 TRAINING.
15 (d) Continuing education.--Any full-time or part-time deputy
16 sheriff who fails to meet and fails to be certified as having
17 met the requirements for continuing education established by the
18 BOARD WITH THE REVIEW AND APPROVAL OF THE commission shall be <--
19 ineligible to receive any salary, compensation or other
20 consideration or thing of value for the performance of his
21 duties as a deputy sheriff.
22 (e) Penalty.--Any official of any county who orders,
23 authorizes or pays a salary or compensation or other
24 consideration or thing of value to any person in violation of
25 this section commits a summary offense and shall, upon
26 conviction, be sentenced to pay a fine of $5,000 MAXIMUM FINE OF <--
27 $500 or to imprisonment for a term not to exceed 30 days.
28 Section 8. Deputy Sheriffs' Education and Training Fund <--
29 ACCOUNT. <--
30 (a) Establishment.--There is hereby established a separate <--
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1 account in SPECIAL RESTRICTED RECEIPTS ACCOUNT WITHIN THE <--
2 GENERAL FUND OF the State Treasury, which shall be known as the
3 Deputy Sheriffs' Education and Training Fund ACCOUNT, for the <--
4 purpose of financing training program expenses, the costs of
5 administering the program, reimbursements to counties and all
6 other costs associated with the activities of the commission <--
7 BOARD and the implementation of this act. <--
8 (b) Surcharge.--There is hereby assessed a surcharge of $2
9 on each fee collected by the sheriff of every county upon
10 acceptance for each service required for any complaint, summons,
11 writ or other legal paper required to be served or posted by the
12 sheriff.
13 (c) Disposition of moneys collected.--The moneys collected
14 under subsection (b) shall be forwarded semiannually BY THE <--
15 SHERIFF OF AN INDIVIDUAL COUNTY to the State Treasurer for
16 deposit into the fund ACCOUNT. All moneys received by the <--
17 treasurer in excess of the amount necessary to cover the costs
18 and expenses of the training program shall be transferred FROM <--
19 THE SPECIAL RESTRICTED RECEIPTS ACCOUNT to the General Fund of
20 the Commonwealth on an annual basis with such reserve maintained
21 as will be adequate to assure the continued operation of the
22 Deputy Sheriffs' Education and Training Program.
23 (d) Disbursements.--Disbursements from the fund ACCOUNT <--
24 shall be made by the commission.
25 (e) Audit.--The Auditor General shall conduct an audit of
26 the fund ACCOUNT as he may deem necessary or advisable from time <--
27 to time but no less often than once every three years.
28 Section 9. Reimbursement to counties.
29 The commission shall provide for reimbursement to each county
30 of 100% of the allowable tuition and the ordinary and necessary
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1 living and travel expenses incurred by their deputy sheriffs
2 while attending certified deputy sheriffs' basic training or
3 continuing education schools if the county adheres to the
4 training standards set forth in this act and established by the
5 BOARD WITH THE REVIEW AND APPROVAL OF THE commission. The <--
6 regular salary of deputy sheriffs while attending approved
7 schools shall be paid by the employing county. Fifty percent of
8 the regular salaries of deputy sheriffs while attending approved
9 schools shall be reimbursed to the employing county.
10 Section 10. Appropriation. <--
11 The sum of $100,000, or as much thereof as may be necessary,
12 is hereby appropriated for the fiscal year in effect on the
13 effective date of this act to cover the costs incurred under
14 this act pending the establishment of the fund provided for in
15 section 8.
16 Section 11 10. Effective date. <--
17 This act shall take effect July 1, 1984. <--
18 (A) SECTION 8 OF THIS ACT SHALL TAKE EFFECT IN 60 DAYS. <--
19 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN SIX
20 MONTHS OR JULY 1, 1984, WHICHEVER LATER OCCURS.
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