Idaho Administrative Code › Title IDAPA 11 - Police, Idaho State › Rule 11.11.01 - RULES OF THE IDAHO PEACE OFFICER STANDARDS AND TRAINING COUNCIL › Section 11.11.01.010 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions under 19-5101, Idaho Code, the following terms apply: (3-31-22)
01.
Act
. Title 19, Chapter 51, of the Idaho Code. (3-31-22)
02.
Agency
. A law enforcement agency which is a part of or administered by the state of Idaho or any political subdivision thereof and which is responsible for the prevention and detection of crime and the enforcement of penal, traffic or highway laws of this state or any political subdivision; a juvenile detention center; a juvenile probation department; an adult misdemeanor probation department, a Public-Safety Answering Point (PSAP); the Idaho Department of Juvenile Corrections; the Idaho Department of Correction; or a private prison contractor of the State Board of Correction that is responsible for the first-line supervision, security, protection, and risk reduction of offenders housed in the a private correctional facility. (3-31-22)
03.
Agency Head
. A chief of police of a city, sheriff of a county or chief administrator of a law enforcement agency, as defined herein. (3-31-22)
04.
Applicant
. A person applying to participate in a POST training program or applying for POST certification. (3-31-22)
05.
Basic Training Academy
. A basic course of Council approved instruction in a discipline certified by POST. (3-31-22)
06.
Canine Team
. A specific person and a specific dog controlled by that person as its handler, formally assigned to perform law enforcement duties together. (3-31-22)
07.
Canine Team Evaluator
. An officer trained and certified by POST to evaluate the competence of canine teams. (3-31-22)
08.
College Credit
. A unit of work toward an academic or vocational degree awarded by a college or university accredited by one of the accrediting agencies listed in Subsection  11.11.01.053.01.d. or other POST accepted U.S. regional accrediting agency. (3-31-22)
09.
Conviction
. Any conviction in any federal, tribal, state, county, or municipal court; a voluntary forfeiture of bail, bond, or collateral deposited to secure a defendant's appearance in court as final disposition; the payment of a fine or civil penalty; a plea of guilty or nolo contendere; or a finding of guilt, notwithstanding the form of judgment or withheld judgment, regardless of whether the sentence is imposed, suspended, deferred, or withheld, or whether the plea or conviction is set aside or withdrawn, or the case or charge is dismissed or reduced, or the record expunged under Section  19-2604, Idaho Code, or any other comparable statute or procedure, where the setting aside of the plea or conviction, or dismissal or reduction of the case or charge, or expungement of the record is based upon lenity or rehabilitation rather than upon a defect in the legality or factual basis of the plea, finding of guilt, or conviction. "Conviction" does not include a misdemeanor conviction upon a bond forfeiture for a violation that is or would at the time have in Idaho been an infraction violation, if the only reason it is classified as a misdemeanor is due to the bond forfeiture. (3-31-22)
10.
Correction Officer
. An employee of the Idaho Department of Correction or a private prison contractor of the State Board of Correction who is responsible for the first-line supervision, security, protection, and risk reduction of offenders housed in a correction facility. (3-31-22)
11.
Council
. The Idaho Peace Officer Standards and Training Council. (3-31-22)
12.
Crime of Deceit
. Any offense described in Section  18-1301  et seq., Idaho Code, (Bribery), Section  18-1401  et seq. (Burglary), Sections  18-1901  (Fictitious Stock Subscription), 18-1902 (Exhibition of False Papers to Public Officers), 18-1903 (Use of False Name in Prospectus), 18-1904 (Illegal Dividends and Reductions of Capital), 18- 1905 (Falsification of Corporate Books), 18-1906 (Fraudulent Reports by Officers), 18- 2202(1) (Computer Crime), 18-2302 (False Swearing as to Qualifications as Voter), 18- 2304 (Procuring Illegal Votes), 18-2305 (Intimidation, Corruption and Frauds), 18-2306 (Illegal Voting or Interference with Election), 18-2307 (Attempting to Vote When Not Qualified or to Repeat Voting), 18-2309 (Officers Attempting to Change Result), 18- 2310 (Forging or Counterfeiting Returns), 18-2311 (Adding to or Subtracting From Votes), 18-2316 (Tampering with Certificates of Nomination or Ballots), 18-2320 (Bribery of Electors), Section  18-2401  et seq. (Theft), Section  18-2601  et seq. (Falsifying Evidence -- Offering Forged or Fraudulent Documents in Evidence), Section  18-2701  et seq. (Bribery of Executive Officers), Sections  18-3105  (False Statement by Commission Merchant, Broker, Agent, Factor or Consignee to Principal or Consignor), 18-3106 (Drawing Check Without Funds -- Drawing Check With Insufficient Funds -- Prima Facie Evidence of Intent -- Standing of Person Having Acquired Rights -- Probation Conditions), 183123 (Forgery of a Financial Transaction Card), 18-3124 (Fraudulent Use of a Financial Transaction Card), 18-3125 (Criminal Possession of Financial Transaction Card and FTC Forgery Devices), 18-3125A (Unauthorized Factoring of Credit Card Sales Drafts), 18-3126 (Misappropriation of Personal Identifying Information), 18-3127 (Receiving or Possessing Fraudulently Obtained Goods or Services), 18-3201 (Officer Stealing, Mutilating or Falsifying Public Records), 18-3202 (Private Person Stealing, Mutilating or Falsifying Public Records), 18-3203 (Offering False or Forged Instrument for Record), 18-3204 (False Certificates or Other Instruments from Officers), 18-3206 (Mutilating Written Instruments), Section  18-3601  et seq. (Forgery and Counterfeiting), Sections  18-4616  (Defacing Marks on Logs or Lumber), 18- 4617 (Stealing Rides on Trains), 18-4621 (Stealing Electric Current -- Tampering with Meters), 18-4622 (Stealing Electric Current -- Accessories Liable as Principals), 18-4624 (Taken or Converted Merchandise as Theft), 18-4626 (Willful Concealment of Goods, Wares or Merchandise -- Defense for Detention), 18-4630 (Illegal Use of Documents), 18-4701 (Alteration of Bills), 18-4702 (Alteration of Enrolled Copies), 18-4703 (Offering Bribes to Legislators), 18-4704 (Legislators Receiving Bribes), Section  18-5401  et seq. (Perjury), Section  18-6501  et seq. (Robbery), Sections  18-8201  (Money Laundering and Illegal Investment -- Penalty -- Restitution), 41-293 (Insurance Fraud), 41-294 (Damage to or Destruction of Insured Property), 41-1306 (False Financial Statements), 49-228 (Receiving or Transferring Stolen Vehicles), 49- 231 (Farm Implements -- Purchasing or Selling When Identifying Number Altered or Defaced a Felony), 49-232 (Fraudulent Removal or Alteration of Numbers Prohibited), 49-518 (Altering or Forging Certificate -- Stolen Cars -- Destroying or Altering Engine or Decal Number -- Use of Fictitious Name -- Fraud), or any attempt, conspiracy or solicitation to commit any of the foregoing offenses, or any racketeering offense under Section  18-7801  et seq., Idaho Code, in which any of the foregoing offenses constitutes at least one (1) of the predicate acts, or any other crime defined in the Idaho Code involving any form of theft or including fraudulent intent as an element, or an offense equivalent to any of the foregoing in any other jurisdiction. (3-31-22)
13.
Division Administrator
. The administrator of the Idaho Peace Officers Standards and Training Division of the Idaho State Police. (3-31-22)
14.
Field Training
. Formal, on the job training for special and defined purposes. (3-31-22)
15.
Full Time
. An employee who is, for a calendar month, employed on average at least thirty (30) hours of service per week, or one hundred thirty (130) hours of service per month. (3-31-22)
16.
Hearing Board
. A board of three members designated by the Chair of the Council to hear contested cases and enter recommended orders for the Council's decision. (3-31-22)
17.
Hearing Officer
. A person designated by the Council to preside over decertification proceedings and to render findings of fact, conclusions of law and a recommended order at the conclusion of those proceedings. (3-31-22)
18.
In-Service Training
. Training designed to refresh or enhance a certified officer's ability to perform their duties. (3-31-22)
19.
Juvenile Detention Center
. A facility that is part of or administered by an Idaho county and is responsible for the safety, care, protection, and monitoring of juvenile offenders. (3-31-22)
20.
Juvenile Detention Officer
. An employee working in a juvenile detention center who is responsible for the safety, care, protection, and monitoring of juvenile offenders. (3-31-22)
21.
Juvenile Probation Department
. A public or private agency administered by or contracted with the court, and providing juvenile probation services to a county at the concurrence and expense of the county commissioners. (3-31-22)
22.
Juvenile Probation Officer
. An employee of a juvenile probation department who is responsible for preparing social history reports to the court, making recommendations regarding conditions of probation, and the supervision of juvenile offenders' compliance with court orders. (3-31-22)
23.
Law Enforcement Certification Program
. A program operated by a college or university, law enforcement agency, or private entity and satisfying POST basic training academy requirements. (3-31-22)
24.
Law Enforcement Certification Program Facility
. A facility at which law enforcement certification programs conduct training. (3-31-22)
25.
Law Enforcement Profession
. As used in these rules in reference to agreements authorized pursuant to Section  19-5112, Idaho Code, the "law enforcement profession" includes the following positions: Peace Officer, County Detention Officer, Emergency Communications Officer, Juvenile Detention Officer, Juvenile Probation Officer, Correction Officer, Juvenile Corrections Direct Care Staff, Adult Felony Probation and Parole Officer, Idaho Department of Juvenile Corrections Direct Care Staff, and Adult Misdemeanor Probation Officer. (3-31-22)
26.
Marine Deputy
. A person employed by a county sheriff whose primary function is to perform marine-related enforcement duties within established policies and procedures. (3-31-22)
27.
Misdemeanor Probation Department
. A public or private agency administered by or contracted with the county, and providing misdemeanor probation services to a county at the concurrence and expense of the county commissioners. (3-31-22)
28.
Part-Time Employee
. An employee, regardless of discipline, who works less than thirty (30) hours per week or one hundred thirty (130) hours per month. (3-31-22)
29.
POST
. The Idaho Peace Officer Standards and Training Program. (3-31-22)
30.
POST Certified Instructor
. A person certified by POST as qualified to instruct or assess students in a course of instruction which meets POST standards for certification or training. (3-31-22)
31.
Program Coordinator
. A person designated by a college, university, or agency to be responsible for a law enforcement certification program. (3-31-22)
32.
Public Safety Answering Point (PSAP)
. A city, county, or state emergency call center that receives direct or transferred 9-1-1 calls for police, firefighting, and ambulances. (3-31-22)
33.
Regional Training Specialist
. A POST employee who is assigned to a specific region of the state, and who assesses training materials and instruction for law enforcement personnel to assure compliance with POST standards. (3-31-22)
34.
Reserve Peace Officer
. A person appointed by an agency to perform the duties of a peace officer on a limited basis. (3-31-22)
35.
School
. A school, college, university, academy, or local training program which offers law enforcement training and which is certified by the Council. (3-31-22)
36.
State
. Unless otherwise indicated, the state of Idaho. (3-31-22)
37.
Student
. A person participating in any Council-approved basic training program or law enforcement certification training program. (3-31-22)
38.
Temporary/Seasonal
. Employment of less than one hundred eighty (180) consecutive days. (3-31-22)
39.
Trainee
. A POST certified officer participating in in-service training. (3-31-22)