PROPOSED RULEMAKINGS
COMMISSION ON CRIME AND DELINQUENCY
[ 37 PA. CODE CH. 431 ]
Constables' Education and Training Board Amendments
[41 Pa.B. 5961]
[Saturday, November 5, 2011]The Constables Education and Training Board (Board) of the Commission on Crime and Delinquency (Commission) proposes to amend §§ 431.14, 431.15, 431.22, 431.32 and 431.42 and rescind §§ 431.45 and 431.46 (relating to eligibility for waiver; and scope of waiver) to read as set forth in Annex A.
Statutory Authority
The proposed rulemaking is authorized under 44 Pa.C.S. § 7144(10) (relating to program established).
Purpose
This proposed rulemaking will amend regulations to coincide with current Board policy and practices regarding certification, training attendance policies and financial responsibility. This proposed rulemaking will also eliminate waiver of the firearms qualification course for law enforcement officers, add the 21 years of age requirement for the firearm qualification and eliminate 10MM caliber firearm.
Effective Date
The proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Contact Person
For further information on the proposed rulemaking, contact John Pfau, Manager, Bureau of Training Services, Commission on Crime and Delinquency, P. O. Box 1167, Harrisburg, PA 17108-1167, (717) 265-8546. This proposed rulemaking is available on the Commission's web site at www.pccd.state.pa.us.
Summary of Amendments
Proposed amendments to § 431.14(d) (relating to lapse of certification) allow the Board to reactivate a constable's lapsed certification if the constable has successfully completed the basic training course.
Proposed amendments to § 431.15 (relating to certification numbers) allow the Board to reactivate the original certification of a constable who has been re-elected or reappointed after the constable has completed a basic training course. Subsection (b) is proposed to be deleted because it is not necessary.
Proposed amendments to § 431.22 (relating to requirements) require that a constable who fails a first and second examination in basic training bear the financial responsibility for a second and third basic training. Additionally, amendments are proposed for language consistency.
Proposed amendments to §§ 431.25 and 431.35 (relating to attendance policies) discourage ''no-shows,'' thereby saving the Board money for reserving a place in class. Proposed amendments also place financial responsibility for subsequent class enrollments on the constable.
Proposed amendments to § 431.42 (related to eligibility for firearms qualification) allow only certified constables who are 21 years of age or older to enroll in a firearms qualification course.
Proposed amendments to § 431.43 (related to firearm and ammunition) eliminate the 10MM caliber from the list of firearms in subsection (b).
Sections 431.45 and 431.46 are proposed to be rescinded to eliminate waivers of firearms training for law enforcement officers to ensure that constables have the same level of training as provided by the Board.
Proposed amendments to § 431.47 (relating to attendance policies) discourage ''no shows'' and place financial responsibility for subsequent enrollments on the constable. Proposed subsections (c)—(e) reflect current existing policies.
Proposed amendments to § 431.48 (relating to lapse of qualification) address language consistency and add subsection (b) to address reactivation of firearms qualification.
Paperwork
The proposed rulemaking will not increase paperwork and will not create new paperwork requirements. Paperwork will be decreased with the process of reactivating lapsed, rather than issuing new certifications.
Fiscal Impact
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. Constables who fail to achieve a passing score in a second examination following basic training will be adversely affected because they will be required to bear financial responsibility for a second training. If the constable fails the second basic training examination, he will bear the responsibility for a third basic training course.
Because waiver of firearms training is proposed to be eliminated, additional costs will be incurred for training. However, the Constables' Education and Training Account is the only fund affected by this proposed rulemaking. This account is funded by the $5 surcharge collected for services that constables perform for the minor judiciary. Presuming that 11 law enforcement officers apply for training in a given year (an average of past years), the cost would be $516 per law enforcement officer or $5,676. The on-going costs of retraining those 11 constables every year would be $3,333. These costs can be supported by the Constable's Education and Training Account.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 26, 2011, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Local Government Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comments
Interested persons are invited to submit written comments about the proposed rulemaking to John Pfau, Manager, Bureau of Training Services, Commission on Crime and Delinquency, P. O. Box 1167, Harrisburg, PA 17108-1167 within 30 days after this publication of this proposed rulemaking in the Pennsylvania Bulletin. Comments submitted by facsimile will not be accepted. Comments will be posted on IRRC's web site. Personal information will be redacted from the public comments received.
HONORABLE RICHARD OPIELA,
Chairperson
Constables' Education and Training BoardFiscal Note: 35-32. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART VI. COMMISSION ON CRIME
AND DELINQUENCY
CHAPTER 431. CONSTABLES' EDUCATION
AND TRAINING BOARD
CERTIFICATION § 431.14. Lapse of certification.
* * * * * (d) The Board will [not] reactivate a certification 5 years or more after the lapse of a constable's certification[. The Board will issue a new certification] upon the constable's successful completion of a basic training course.
§ 431.15. Certification numbers.
* * * * * (b) [If a person who successfully completes basic training has not been elected or appointed as constable, the Board will issue a certification number upon the individual's election or appointment and the notification to the Board by the constable of the election or appointment.
(c)] The Board will reissue the original certification number to a constable who successfully completes continuing education.
[(d)] (c) A person is required to notify the Board by telephone, facsimile transmission or electronic mail within 48 hours after the person has vacated the office of constable or deputy constable. The Board will place the person's certification number into inactive status upon notification.
[(e)] (d) A person who is reelected or reappointed to the office of constable after vacating it shall notify the Board. Based upon the timing of reelection or reappointment, the Board will do one of the following:
* * * * * (3) If the reelection or reappointment occurs 5 years or more after the date on which the office was vacated, the Board will [issue a new certification number] reactivate the original certification upon the constable's successful completion of a basic training course.
BASIC TRAINING § 431.22. Requirements.
(a) A constable [or other person shall] will be required to attain the following to complete a basic training course:
* * * * * (b) A constable [or other person] who fails to achieve a passing score on a written examination may undergo a second written examination.
(c) A constable [or other person] who fails to achieve a passing score [in] on a second written examination may attend and complete a second basic training course in its entirety. The constable shall bear financial responsibility for the cost of the additional basic training course.
(d) A constable [or other person] may attend a third basic training course upon failing to complete the second basic training course, but [shall] will not be given [no] additional opportunities upon failing to complete the third course. The constable shall bear financial responsibility for the cost of the additional basic training course.
§ 431.25. Attendance policies.
(a) [A person who is not a constable but who intends to seek election or appointment as a constable may register and attend basic training if an opening is available and the person bears financial responsibility for the cost.
(b)] A constable [or other person who registers for] who enrolls in a basic training course may withdraw from the course without penalty upon timely notification to [the director of] the school conducting the basic training course. A notification shall be deemed timely if it is delivered to the director of the school or a designee no later than 7 calendar days prior to the start of classes. The school may assess a failing grade for [all or part of] the basic training course if the constable [or other person] fails to provide timely notification [and the Board finds that substantial mitigating circumstances do not exist] or to show good cause.
(b) If notification to withdraw is not given or is deemed untimely and good cause is not shown and the constable wishes to attend another basic training course in the same training year or in the next training year, the constable shall bear financial responsibility for the cost of the additional basic training course. Payment must be received by the Commission within 2 weeks of class start date in the form of a certified check or money order.
(c) A constable who successfully completes a basic training course may not attend another basic training course in the same training year.
CONTINUING EDUCATION § 431.35. Attendance policies.
(a) A constable who [registers for] enrolls in a continuing education course may withdraw without penalty upon timely notification to [the director of] the school conducting the continuing education course. A notification [will] shall be deemed timely if it is delivered to the director of the school or a designee no later than 7 calendar days prior to the class start [of classes] date. The school may assess a failing grade for [the entire course or applicable topic] all or part of the continuing education course if the constable fails to provide timely notification [and the Board finds that substantial mitigating circumstances do not exist] or to show good cause.
(b) If notification to withdraw is not given or is deemed untimely and good cause is not shown and the constable wishes to attend another continuing education course in the same training year or in the next training year, the constable shall bear financial responsibility for the cost of the additional continuing education course. Payment must be received by the Commission within 2 weeks of class start date in the form of a certified check or money order.
(c) A constable or deputy constable who successfully completes a continuing education course may not attend another continuing education course in the same training year.
FIREARMS QUALIFICATION § 431.42. Eligibility for firearms qualification.
A constable holding certification who is 21 years of age or older and who is not precluded under State or Federal law from possessing or using a firearm may enroll in a firearms qualification course.
§ 431.43. Firearm and ammunition.
* * * * * (b) The firearm provided shall be of a design generally acceptable for law enforcement usage, and shall be in a condition for safe operation as designed and intended by the firearm manufacturer. The firearm provided shall be one of the following calibers:
* * * * * [(7) 10MM.]
§ 431.45. [Eligibility for waiver] (Reserved).
[(a) A constable who is currently employed as a municipal police officer, deputy sheriff or officer of the Game Commission or the Fish and Boat Commission may apply to the Board for a full or partial waiver of a Board firearms qualification course if the constable demonstrates that training and certification required to carry and use a firearm in the other occupation are current.
(b) A constable shall apply to the Board for each separate firearms qualification course for which the constable is seeking waiver.]
§ 431.46. [Scope of waiver] (Reserved).
[The Board may grant a waiver relating to a Board firearms qualification course for those topics that also were covered in the firearms training for the other occupation.]
§ 431.47. Attendance policies.
(a) Withdrawal. A constable who enrolls in a firearms qualification course may withdraw from the course without penalty upon timely notification to the school conducting the firearms qualification course. A notification [will] shall be deemed timely if it is delivered to the director of the school [at least 7] or a designee no later than 7 calendar days prior to the start of classes. The school may assess a failing grade for all or part of the course if the constable fails to provide timely notice [and the Board finds that substantial mitigating circumstances do not exist].
(b) Financial responsibility. If notification to withdraw is not given or is deemed untimely and good cause is not shown and the constable wishes to attend another firearms qualification course in the same training year or in the next training year, the constable shall bear financial responsibility for the cost of the additional firearms qualification course. Payment must be received by the Commission within 2 weeks of class start date in the form of a certified check or money order.
(c) New weapons.
(1) A constable who successfully completes a firearms qualification course may not attend another firearms qualification course in the same training year.
(2) If a constable obtains a new weapon after having successfully completed the annual firearms qualification, the constable may attend, without penalty, another firearms training class and complete the qualification course-of-fire using the new weapon. Attendance at another firearms course is subject to course availability.
(d) Advanced firearms failures. If a constable attends an advanced firearms qualification course and fails to successfully complete the qualification course-of-fire, the constable may attend, without penalty, a basic or annual firearms qualification course in its entirety.
(e) Weapons malfunctions. If a constable fails to successfully complete the qualification course-of-fire during a firearms qualification course because of a weapon malfunction, the constable may attend, without penalty, another firearms qualification course in its entirety or may retake, without penalty, the portion of the firearms qualification course during and after which the malfunction occurred. Attendance at another firearms course is subject to course availability. A firearms instructor shall document weapons malfunctions.
§ 431.48. Lapse of qualification.
(a) A firearms qualification will lapse immediately if a [person] constable no longer meets all of the eligibility criteria [of] in § 431.42 (relating to eligibility for firearms qualification), or does not complete a firearms qualification course in the calendar year following the person's most recent completion of [such] a firearms qualification course.
(b) The Board will reactivate a firearms certification that is lapsed for 3 years or more upon the constable's successful completion of a basic firearms qualification course.
[Pa.B. Doc. No. 11-1875. Filed for public inspection November 4, 2011, 9:00 a.m.]
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