Chapter 112 Oregon Laws 1999
Session Law
AN ACT
SB 346
Relating to public safety;
amending ORS 181.644, 181.652, 181.653, 181.664 and 181.665.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 181.644 is amended to read:
181.644. (1) Except for a person who has requested and obtained
an extension from the [Board on] Department of Public Safety Standards and Training [an extension] pursuant to subsection (2)
of this section, no person may be employed as a telecommunicator or emergency
medical dispatcher by any public or private public safety agency for more than
one year unless the person has been certified as being qualified as a
telecommunicator or emergency medical dispatcher under the provisions of ORS
181.610 to 181.690 and the certification has neither lapsed nor been revoked
pursuant to ORS 181.661, 181.662 and 181.664 (1) and not been reissued under
ORS 181.664.
(2) The [board] department, upon the facts contained
in an affidavit accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period described in
subsection (1) of this section. If the [board] department finds that there is good
cause for such failure, the [board] department may extend for up to one
year the period that a person may serve as a telecommunicator or an emergency
medical dispatcher without certification. The grant or denial of such an
extension is with the sole discretion of the [board] department.
SECTION 2.
ORS 181.652 is amended to read:
181.652. (1) Except for a person who has requested and obtained
an extension pursuant to subsection (2) of this section, no person may be
employed as a corrections officer by any law enforcement unit for more than one
year unless the person is a citizen of the United States, and:
(a) The person has been certified as being qualified as a
corrections officer under the provisions of ORS 181.610 to 181.690 and the
certification has neither lapsed nor been revoked pursuant to ORS 181.661,
181.662 and 181.664 (1) and not been reissued under ORS 181.664 (2); or
(b) The person is exempted from the certification requirement
under ORS 181.660.
(2) The [Board on] Department of Public Safety Standards
and Training, upon the facts contained in an affidavit accompanying the request
for an extension [and the findings and
recommendations of the Department of Public Safety Standards and Training],
may find good cause for failure to obtain certification within the time period
described in subsection (1) of this section. If the [board] department finds
that there is good cause for such failure, the [board] department may
extend for up to one year the period that a person may serve as a corrections
officer without certification. The grant or denial of such an extension is
within the sole discretion of the [board] department.
(3) The certification of a corrections officer shall lapse upon
the passage of more than three consecutive months during which period the
officer is not employed as a corrections officer, unless the corrections
officer is on leave from a law enforcement unit. Upon reemployment as a
corrections officer, the person whose certification has lapsed may apply for
certification in the manner provided in ORS 181.610 to 181.690.
(4) Except as provided in subsection (5) of this section, a
person employed as a corrections officer by any law enforcement unit shall
commence the training necessary for certification under ORS 181.610 to 181.690
not later than the 90th day after the date of the officer's employment by the
law enforcement unit at an academy operated or authorized by the department in
consultation with the Board on Public
Safety Standards and Training.
(5) A law enforcement unit may delay the commencement of
training of a corrections officer for up to 120 days from the date of the
officer's employment when it considers the delay necessary. When a law
enforcement unit delays commencement of a corrections officer's training under
this subsection, it shall file a written statement of its reasons with the
department.
(6) When a delay in the commencement of training necessary for
certification under ORS 181.610 to 181.690 at an academy operated or authorized
by the department is caused by the inability of the department, for any reason,
to provide that training, the period of such delay shall not be counted as part
of the periods set forth in subsections (4) and (5) of this section within
which the training must be commenced.
SECTION 3.
ORS 181.653 is amended to read:
181.653. (1) Except for a person who has requested and obtained
an extension from the [Board on] Department of Public Safety Standards and Training [an extension] pursuant to subsection (2)
of this section, no person may be employed as a parole and probation officer
for more than one year unless the person is a citizen of the United States,
and:
(a) The person has been certified as being qualified as a
parole and probation officer under provisions of ORS 181.610 to 181.690 and the
certification has neither lapsed nor been revoked pursuant to ORS 181.661,
181.662 and 181.664 (1) and not reissued under ORS 181.664 (2); or
(b) The person is exempted from the certification requirement
under ORS 181.660.
(2) The [board] department, upon the facts contained
in an affidavit accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period described in
subsection (1) of this section. If the [board] department finds that there is good
cause for such failure, the [board] department may extend for up to one
year the period that a person may serve as a parole and probation officer
without certification. The grant or denial of such an extension is within the
sole discretion of the [board] department.
(3) The certification of a parole and probation officer shall
lapse upon the passage of more than three consecutive months during which
period the officer is not employed as a parole and probation officer, unless
the officer is on leave from a law enforcement unit. Upon reemployment as a
parole and probation officer, the person whose certification has lapsed may
apply for certification in the manner provided in ORS 181.610 to 181.690.
(4) The requirement of citizenship imposed under subsection (1)
of this section does not apply to a person employed as a parole and probation
officer on September 27, 1987, who continues to serve as a parole and probation
officer.
SECTION 4.
ORS 181.665 is amended to read:
181.665. (1) Except for a person who has requested and obtained
an extension from the [Board on] Department of Public Safety Standards and Training [an extension] pursuant to subsection (2)
of this section, no person may be employed as a police officer, or utilized as
a certified reserve officer, by any law enforcement unit for more than one year
unless:
(a) The person is a citizen of the United States; and
(b) The person has been certified as being qualified as a
police officer or certified reserve officer under the provisions of ORS 181.610
to 181.690 and the certification has neither lapsed nor been revoked pursuant
to ORS 181.661, 181.662 and 181.664 (1) and not been reissued under ORS 181.664
(2).
(2) The [board] department, upon the facts contained
in an affidavit accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period described in
subsection (1) of this section. If the [board] department finds that there is good
cause for such failure, the [board] department may extend for up to one
year the period that a person may serve as a police officer or reserve officer
without certification. The grant or denial of such an extension is within the
sole discretion of the [board] department.
(3) Except as provided in subsection (4) of this section, a
person employed as a police officer by any law enforcement unit shall commence
the training necessary for certification under ORS 181.610 to 181.690 at an
academy operated or authorized by the department [of Public Safety Standards and Training] not later than the 90th
day after the date of the officer's employment by the law enforcement unit.
(4) A law enforcement unit may delay the commencement of
training of a police officer for up to 120 days from the date of the officer's
employment when it considers the delay necessary. When a law enforcement unit
delays commencement of a police officer's training under this subsection, it
shall file a written statement of its reasons with the [board] department.
(5) When a delay in the commencement of training necessary for
certification under ORS 181.610 to 181.690 at an academy operated or authorized
by the department is caused by the inability of the department, for any reason,
to provide that training, the period of such delay shall not be counted as part
of the periods set forth in subsections (3) and (4) of this section within
which the training must be commenced.
(6) A person utilized as a certified reserve officer by a law
enforcement unit must complete the training necessary for certification under
ORS 181.610 to 181.690 at a site approved by the department.
SECTION 5.
ORS 181.664 is amended to read:
181.664. (1) A police officer, certified reserve officer, fire
service professional, corrections officer, parole and probation officer,
telecommunicator or emergency medical dispatcher aggrieved by the findings and
order of the [Board on] Department of Public Safety Standards
and Training may, as provided in ORS 183.480, file an appeal with the Court of
Appeals from the final order of the [board] department.
(2) Any police officer, certified reserve officer, fire service
professional, corrections officer, parole and probation officer,
telecommunicator or emergency medical dispatcher who has had certification or
accreditation revoked pursuant to ORS 181.661, 181.662 and subsection (1) of
this section may reapply for certification or accreditation but not sooner than
four years after the date on which the order of the [board] department
revoking certification or accreditation became final.
Approved by the Governor
April 23, 1999
Filed in the office of
Secretary of State April 23, 1999
Effective date October 23,
1999
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