Leader

Collapse

Announcement

Collapse
No announcement yet.

WA DoC Officers are not LEO?

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • WA DoC Officers are not LEO?

    http://search.leg.wa.gov/pub/textsea...=531144323&p=1

    Short version:
    (e) You are not a law enforcement officer if you are employed in either:

    (i) A position that is clerical or secretarial in nature and you are not commissioned; or

    (ii) A corrections officer position and the only training required by the Washington criminal justice training commission for your position is basic corrections training under WAC 139-10-210.

  • #2
    Welcome to our world. But I will say that times are changing. As the WDOC becomes ACA accredited they are moving us to become Peace Officers. But it won't be for many years.

    Comment


    • #3
      That just seems like a real kick to the shins. Particularly for the training and the pride they wish to instill in their people, then the state says crap like that? I think I've made up my mind to at least go through the application process and see what happens. I sent an email to the recruitment center to see if they do any tours/jobshadowing and what the employee policies are like ie dress code, off-duty presentation, etc.

      Of course talking with you and tanikir I already know I'd better hang onto my CPL.

      Comment


      • #4
        If you don't mind, let me know what the "recruitment center" says, I'll let you know if their BS'ing you or not.

        Comment


        • #5
          Will do. I emailed them Monday night......

          Comment


          • #6
            Found this, not sure if you guys have seen or not.


            AGO 2006 No. 15 - July 06, 2006 back

            Rob McKenna | 2005-Current | Attorney General of Washington

            1. Corrections officers may carry concealed pistols without obtaining a concealed weapon permit if they meet the statutory definition of a law enforcement officer and are authorized by the Department of Corrections to carry a concealed weapon.

            2. Under RCW 10.93.020(4), corrections officers are limited authority Washington peace officers if they meet the requirements set forth in that statute.

            3. Corrections officers who meet the definition of “limited authority Washington peace officers” under RCW 10.93.020(4) are “law enforcement officers” for the purposes of RCW 9.41, but not necessarily for other purposes.

            *********************************

            July 6, 2006

            Honorable Pam Roach
            State Senator, 31st District
            P.O. Box 40431
            Olympia, WA 98504-0431

            Cite As:
            AGO 2006 No. 15

            Dear Senator Roach:

            By letter previously acknowledged, you have requested an opinion on the following questions:

            1. Under RCW 9.41.060(1), are corrections officers exempt from the provisions of RCW 9.41.050 that require a concealed pistol license in order to lawfully carry a concealed weapon?

            2. Under RCW 10.93.020(4), are corrections officers (who are given limited commission) limited authority Washington peace officers?

            3. If the answer to the second question is “yes”, then under RCW 9.41.010(13), are corrections officers “law enforcement officers”?

            BRIEF ANSWERS

            The answer to your first question is a qualified yes. If the corrections officers are full-time, fully compensated officers of the Washington State Department of Corrections, have been empowered by the agency to detect or apprehend violators of the laws in some or all of the areas for which the Department of Corrections is responsible, and have been duly authorized by their

            [original page 2] employer to carry a concealed pistol, then they are exempt from the concealed pistol license provisions of RCW 9.41.050. The answer to your second question is also a qualified yes, provided that the corrections officers meet the requirements set forth in that statute. The answer to your third question is yes, meaning that corrections officers who meet these requirements are “law enforcement officers” for purposes of RCW 9.41. They may or may not qualify as “law enforcement officers” for other purposes.

            ANALYSIS

            1. Under RCW 9.41.060(1), are corrections officers exempt from the provisions of RCW 9.41.050 that require a concealed pistol license in order to lawfully carry a concealed weapon?

            This question is answered by analyzing the relevant provisions of RCW 9.41 and RCW 10.93. RCW 9.41.050(1)(a) provides: “Except in the person’s place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.” However, RCW 9.41.060 contains exceptions to this general restriction. It states, in part:

            The provisions of RCW 9.41.050 shall not apply to:

            (1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state;

            . . .

            (10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.

            RCW 9.41.060(1), (10) (emphasis added).

            RCW 9.41.010(13) further provides:

            “Law enforcement officer” includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. “Law enforcement officer” also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.

            RCW 10.93.020(4) provides, in part:

            [original page 3] “Limited authority Washington peace officer” means any full-time, fully compensated officer of a limited authority Washington law enforcement agency empowered by that agency to detect or apprehend violators of the laws in some or all of the limited subject areas for which that agency is responsible.

            Finally, RCW 10.93.020(2) provides, in part:

            “Limited authority Washington law enforcement agency” means any agency, political subdivision, or unit of local government in this state, and any agency, department, or division of state government, having as one of its functions the apprehension or detection of persons committing infractions or violating the traffic or criminal laws relating to limited subject areas, including but not limited to . . . the state department of corrections.

            We have located no cases applying or interpreting these provisions. Accordingly, we give the statutory terms their plain meaning and apply the statutory definitions provided by the Legislature. McGinnis v. State, 152 Wn.2d 639, 645, 99 P.3d 1240 (2004); Schrom v Bd. for Volunteer Fire Fighters, 153 Wn.2d 19, 27, 100 P.3d 814 (2004). From this reading, it is apparent that the Legislature has created an exception to the general law requiring concealed weapons licenses for officers of the Washington State Department of Corrections, provided that they meet the requirements set forth in RCW 9.41.010(13) and RCW 10.93.020.[1] Retired state corrections officers must also meet the criteria for “law enforcement officers retired for service or physical disabilities” set forth in RCW 9.41.060(10).

            We note that your opinion request does not precisely specify the duties that are performed by the “corrections officers” to which your request refers. We thus reiterate that such officers must be full-time, fully compensated officers of the Department of Corrections, they must be empowered by the Department to detect or apprehend violators of the laws in some or all of the subject areas for which the Department is responsible, and they must be duly authorized by the Department to carry a concealed pistol. For example, employees who are part-time officers, or whose duties are either administrative or otherwise do not consist of detecting or apprehending violators of the law, are not exempted from the concealed weapons license requirements of RCW 9.41.050. Assuming that a particular corrections officer meets the above statutory criteria, however, the answer to your first question is yes.[2]

            [original page 4] 2. Under RCW 10.93.020(4), are corrections officers (who are given limited commission) limited authority Washington peace officers?

            As the analysis to question 1 indicates, state corrections officers who meet the requirements of RCW 10.93.020(4) are “limited authority Washington peace officers.” This means that they must be full-time, fully compensated officers of the Washington State Department of Corrections and must be empowered by the Department to detect or apprehend violators of the law in “some or all of the limited subject areas” for which the Department is responsible. The fact that a corrections officer may have a “limited commission” (in that he or she may be responsible for detecting or apprehending violators of the law in only some, but not all, of the areas for which the Department is responsible) would not disqualify that particular officer from meeting the statutory definition. Assuming these statutory criteria are met, the answer to your second question is yes.

            3. If the answer to the second question is “yes”, then under RCW 9.41.010(13), are corrections officers “law enforcement officers”?

            As the analysis to Questions 1 and 2 indicates, corrections officers who are full-time, fully compensated officers of the Washington State Department of Corrections, who are empowered by the Department to detect or apprehend violators of the law in some or all of the limited subject areas for which the Department is responsible, and who are duly authorized by the Department to carry a concealed pistol, are “law enforcement officers” pursuant to RCW 9.41.010(13). Thus, they are “law enforcement officers” for purposes of RCW 9.41, unless the context of another statute clearly requires otherwise. RCW 9.41.010. They may or may not qualify as “law enforcement officers” for other purposes. Other statutes (not presented here) would need to be analyzed to answer that question.

            We trust that you will find the foregoing to be of assistance.

            ROB MCKENNA
            Attorney General

            GREGORY J. TRAUTMAN
            Assistant Attorney General


            --------------------------------------------------------------------------------

            [1] We assume your use of the term “corrections officer” refers to certain employees of the Washington State Department of Corrections. If there are others in the state (including those employed by local government) with the job title “corrections officer”, the analysis in this opinion would be used to determine whether they meet the statutory requirements for carrying a weapon without having a concealed weapon permit. Since we do not have information about the duties of these officers, this opinion should not be construed as automatically applying to them.

            [2] In this regard, we note that your opinion request also refers to the portion of RCW 9.41.060 that states that the concealed weapons license requirements shall not apply to “prison or jail wardens or their deputies.” (Emphasis added.) We conclude that corrections officers are not included within this term. The statutes have provided an exemption for “prison or jail wardens or their deputies,” as well as for “law enforcement officers,” since 1935. Laws of 1935, ch. 172, § 6. Neither of these terms originally were statutorily defined to include corrections officers. In 1996, however, the Legislature amended RCW 9.41.010 to expressly include certain corrections officers within the definition of “law enforcement officer” as set forth in the statutes referenced above. Laws of 1996, ch. 295, § 1(13). Such legislation would have been superfluous if corrections officers had already been exempted from the concealed weapons license requirements as “deputies” of prison or jail wardens. Since the Legislature is not presumed to have deliberately engaged in unnecessary or meaningless acts, Aviation West Corp. v. Dep’t of Labor & Indus., 138 Wn.2d 413, 421, 980 P.2d 701 (1999), we conclude that while corrections officers may qualify as “law enforcement officers,” they are not included as “deputies” of prison or jail wardens.



            http://www.atg.wa.gov/opinion.aspx?id=2822
            Last edited by EDowns; 06-03-2007, 02:07 PM. Reason: oops, forgot link

            Comment


            • #7
              Yeah, the above quote is taken from the RCW that has to do with LEOFF. Which is the law enforcement firefighter retirement fund. All officers in the state seem to be able to do it, except state DOC officers. They go under a secondary state employees retirement.

              Although the AG for the state gave permission, the DOC upper management folks disagree with him. So essentially DOC officers may legally be ok, but they will more than likely be fired if caught carrying off duty while on their credentials.

              Comment


              • #8
                Nope, WA DOC Officers are not LEO. Don't really see why this is an issue for people, it's something you know when you're hired on and if the status is really that important there are plenty of places in the state to get it. The Concealed Pistol License in this state is ridiculously easy to get.

                Comment


                • #9
                  Well, it's not just the ccw issue, although when you leave the state, our CPL doesn't do a whole lot for us. If we were LEO it wouldn't matter because we'd fall under 218.

                  I look at it as more of a respect thing. There are a few agencies with CO's that are considered LEO's but the state doesn't consider them to be? Again it just seems like a kick in the shins. Just because you know something going into it, doesn't make it right in the end.

                  Comment


                  • #10
                    That is interesting, but our DOC Secretary, and fine leader put out a memo this year that states that we do not fall under 218 and have to get CCL. The whole not being LEO thing is BS, but like I said that is changing.

                    And, unless you do mad research, it is NOT apparent that DOC C/O's are not considered LE. I bet ya a wooden nickel if you go to Pierce or King County and tell a Detention Officer there that they aren't a LEO they'll laugh in your face. And guess what, they are the same exact thing as us.

                    Comment


                    • #11
                      Basic summary is attorney general says you can carry if authorized by DOC to carry concealed. DOC says no one (unless you're really special on a really special assignment) is allowed to carry concealed. We only carry openly during transport. So no, you can't carry without CCW.

                      Comment


                      • #12
                        Colorado corrections officers are in a similar situation. I don't think they go through any firearms qualification in their academy.

                        I have the "privelage" of working for a Sheriff's office in one of the biggest counties in Colorado, and we are considered Non-POST peace officers. LOL, it's F/U that I have more power and authority outside of my city!

                        Working for a home-ruled city is interesting at the least.
                        "The world is a dangerous place; not because of those who do evil, but because of the good men that do nothing."
                        -A. Einstein

                        “As a man thinks in his heart, so he is.”
                        -(Proverbs 23:7)

                        Comment


                        • #13
                          Cpratt,

                          That does suck, i know that Denver County doesn't POST certify it's Sheriff's Deputies, it doesn't make a whole lot of sense. Why take the time to put you guys through an academy that does not culminate in POST certification? It seems like a waste of time. Anyhow, Colorado CO's are Peace Officers by state statute. Unlike Washington, Colorado doesn't have a statute that states they are not law enforcement officers, which is what Washington apparently has. That's a slap in the face if you ask me, then what are CO's in the state of Washington? Security Guards?

                          Colorado CO's are Peace Officers while in the course of their duties and can arrest any person for committing any crime while on property owned or leased by the Department of Corrections. The DOC doesn't teach this kind of stuff in their piddly little academy, but it is right there in Title 17 CRS, go figure. I guess like many other DOC's across the country, they want to pacify their CO's and widdle them down to the level of Private security Officers.

                          And there is firearms training in the academy, it just doesn't include pistols. You qualify with the Rem 870 and the AR15.

                          Comment


                          • #14
                            Actually, it is a lot like working private security. I did that for 5 years and would leave corrections for it if the pay was better.

                            Comment


                            • #15
                              I worked for WA DOC for about a minute and couldn't wait to get out. It seemed to me to be a LEO dumping ground atleast at WCC alot of ex cop's who for what ever reason came to DOC. I also met some really good CO's who I felt deserved to be treated better then they were. WA being the liberal state that it is I don't see DOC CO's ever getting the well deserved respect that they should get. The state needs to raise the pay and make it comparable to the county jobs, but again liberal state. I was born and raised in Seattle but to be honest I'm glad I left (Nice place to visit not to live). Good luck to all DOC Co's and keep up the good fight and always stay safe even though the State would have you do other wise.

                              Comment

                              MR300x250 Tablet

                              Collapse

                              What's Going On

                              Collapse

                              There are currently 4646 users online. 257 members and 4389 guests.

                              Most users ever online was 158,966 at 04:57 AM on 01-16-2021.

                              Welcome Ad

                              Collapse
                              Working...
                              X