reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 71 - ARREST AND HEARING FOR PAROLE VIOLATORS › Section 71.5 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the parolee
				is in custody in another state, or in Federal custody, the Board may lodge its
				detainer but other matters may be deferred until the parolee has been returned
				to a State correctional facility in this Commonwealth.
(b) In hearings conducted under this chapter,
				documentary evidence and reports, including, but not limited to, depositions,
				written interrogatories, affidavits, laboratory reports, business records,
				public records, official records and letters rogatory, may be utilized solely,
				if the panel or examiner is satisfied as to their authenticity, relevancy,
				accuracy and reliability.
(c) In
				determining the period for conducting hearings under this chapter, there shall
				be excluded from the period, a delay in any stage of the proceedings which is
				directly or indirectly attributable to one of the following:
(1) The unavailability of a parolee or
				counsel.
(2) Continuances granted
				at the request of a parolee or counsel, in which case the Board is not required
				to reschedule the hearing until it receives a written request to reschedule the
				hearing from the parolee or counsel.
(3) Reasonable or necessary continuances
				granted to, or occurrences related to, the Board or its employes.
(4) A change of decision by a parolee either
				to waive the right to be heard by a panel after asserting it or to assert that
				right after waiving it. In this case, the hearing shall be held within 120 days
				of the last change of decision.
(5)
				An event which could not be reasonably anticipated or controlled by the Board,
				including, but not limited to, illness, injury, acts of nature and prison or
				civil disorder.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 73 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 73.1 - Appeals and petitions for administrative review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appeals.
(1) An interested party, by counsel unless
				unrepresented, may appeal a revocation decision. Appeals shall be received at
				the Board's Central Office within 30 days of the mailing date of the Board's
				order. When a timely appeal of a revocation decision has been filed, the
				revocation decision will not be deemed final for purpose of appeal to a court
				until the Board has mailed its decision on the appeal. This subsection
				supersedes 1 Pa. Code §
										35.226 (relating to final
				orders).
(2) The scope of review of
				an appeal will be limited to whether the decision is supported by substantial
				evidence, an error of law has been committed or there has been a violation of
				constitutional law.
(3) The failure
				of an appeal to present with accuracy, brevity, clearness and specificity
				whatever is essential to a ready and adequate understanding of the factual and
				legal points requiring consideration will be a sufficient reason for denying
				the appeal.
(4) Second or
				subsequent appeals and appeals which are out of time under these rules will not
				be received.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 75 - PRESUMPTIVE RANGES FOR RECOMMITMENTS OF PAROLE VIOLATORS › Section 75.1 - Application of presumptive ranges to convicted parole violators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Presumptive
				ranges of parole backtime to be served will be utilized if a parolee is
				convicted of a new criminal offense while on parole and the Board orders
				recommitment as a convicted parole violator after the appropriate revocation
				hearing.
(b) The presumptive ranges
				of parole backtime are intended to structure the discretion of the Board while
				allowing for individual circumstances in terms of mitigation and aggravation to
				be considered in the final decision.
(c) The Board may deviate from the
				presumptive range or determine that recommitment should not occur, provided
				written justification is given.
(d)
				The presumptive ranges are intended to directly relate to the severity of the
				crime for which the parolee has been convicted.
(e) The severity ranking of crimes listed in
				§
									75.2 (relating to presumptive
				ranges for convicted parole violations) is not intended to be exhaustive, and
				the most closely related crime category in terms of severity and the
				presumptive range will be followed if the specific crime which resulted in
				conviction is not contained within the listing.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 75 - PRESUMPTIVE RANGES FOR RECOMMITMENTS OF PAROLE VIOLATORS › Section 75.3 - Application of presumptive ranges to technical parole violators

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Presumptive
				ranges of parole backtime to be served shall be utilized if a parolee violates
				a general or special condition of parole, and the Board orders recommitment as
				a technical violator after the appropriate violation hearing.
(b) The presumptive ranges of parole backtime
				are intended to structure the discretion of the Board while allowing for
				individual circumstances in terms of mitigation and aggravation to be
				considered in the final decision.
(c) The Board may deviate from the
				presumptive range or determine that recommitment should not occur provided
				sufficient written justification is given.
(d) The presumptive ranges are intended to
				directly relate to the severity of the technical violation, both singly and in
				combination.
(e) When multiple
				violations occur, the presumptive range will be used which has the highest
				backtime range of those conditions violated.
(f) Backtime for a violation of a special
				condition shall be aggregated with other backtime, unless the revocation
				decision states otherwise.
The provisions of this §
											75.3 amended under section 506 of
					 The Administrative Code of 1929 (71 P. S. §
												186); and the act of August 6, 1941 (P. L.
					 861, No. 323) (61 P. S. §
												§
												331.1-331.34).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 75 - PRESUMPTIVE RANGES FOR RECOMMITMENTS OF PAROLE VIOLATORS › Section 75.4 - Presumptive ranges for technical parole violators

Current through Register Vol. 54, No. 28, July 13, 2024
The presumptive ranges for recommitment for the general
				  conditions of parole are as follows:
Violation
							 of:
Single
Multiple
Condition 1
6 to 12 months
6 to 18
							 months
(see § 63.4(1))
Condition 2
6 to 9 months
6 to 18
							 months
(see § 63.4(2))
Condition 3(a)
3 to 6 months
6 to 18
							 months
(see § 63.4(3)(i))
Condition 3(b)
3 to 6 months
6 to 18
							 months
(see § 63.4(3)(ii))
Condition 3(c)
3 to 6 months
6 to 18
							 months
(see § 63.4(3)(iii))
Condition 4
3 to 9 months
6 to 18
							 months
(see § 63.4(4))
Condition 5(a)
5 to 12 months
6 to 18
							 months
(see § 63.4(5)(i))
Condition 5(b)
6 to 12 months
6 to 18
							 months
(see § 63.4(5)(ii))
Condition 5(c)
6 to 18 months
6 to 18
							 months
(see § 63.4(5)(iii))
Condition 6
0 to 6 months
(see § 63.4(6))
Special Condition
3 to 18 months
See
							 § 75.3(f)
(see § 63.5)
The provisions of this §
											75.4 amended under section 506 of
					 The Administrative Code of 1929 (71 P. S. §
												186); and the act of August 6, 1941 (P. L.
					 861, No. 323) (61 P. S. §
												§
												331.1-331.34).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 77 - CITIZENS ADVISORY COMMITTEES › Section 77.1 - Composition

Current through Register Vol. 54, No. 28, July 13, 2024
The district director shall appoint at least seven persons to
				  a citizens advisory committee. If possible, the membership of the committee
				  shall include but not be limited to:
(1) Members of ethnic and minority groups in
				proportion to their numbers in the district.
(2) A resident of each county within the
				district.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 77 - CITIZENS ADVISORY COMMITTEES › Section 77.2 - Functions and responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
A citizens advisory committee shall:
(1) Advise the Board of the issues and
				concerns of the citizens of this Commonwealth regarding probation and
				parole.
(2) Inform the citizens of
				this Commonwealth regarding probation and parole and the functions of the
				Board.
(3) Assist the district
				staff in discharging their duties.
(4) Review established policies and programs
				of the Board.
(5) Explore
				innovative administrative and programmatic ideas.
(6) Develop new resources.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › GENERAL PROVISIONS › Section 79.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This part sets forth standards and procedures relating to
					 the certification of county probation and parole officers and their
					 qualification to carry or use firearms in the performance of their
					 duties.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › GENERAL PROVISIONS › Section 79.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
				  words and terms, when used in this chapter, have the following meanings, unless
				  the context clearly indicates otherwise:
Act
-The County Probation and Parole
					 Officers' Firearm Education and Training Law (61 P. S. §§
												332.1-332.9).
Basic training
-The initial training
					 provided by the Commission.
Break-in-service
-The time period between
					 the date an officer qualified to carry a duty weapon terminates employment for
					 any reason and the date that the officer is rehired by the same or another
					 armed county probation and parole office.
CFI-Certified Firearms Instructor
-A
					 firearms instructor who is approved by the Commission under §
											79.61(a)(1) 
					 (relating to approval of instructors.)
Commission
-Firearm Education and Training
					 Commission.
County conducted training
-Any
					 Commission-approved training not presented by the Commission but presented by a
					 county.
Duty weapon
-The firearm an officer
					 qualifies with and carries while on duty.
Executive Director
-The administrative
					 officer reporting directly to the Commission who is responsible for program
					 management.
FCTMS
-Firearms Commission Training
					 Management System.
In-service training
-The continuing
					 training necessary for county probation and parole officers to maintain
					 certification.
MI-Master Instructor
-A CFI who meets the
					 minimum qualifications to become an MI and who is approved by the Commission
					 under § 79.61(a)(2).
(b) The definitions in section 2 of the act
				  (61
				  P. S. §
											332.2) are incorporated by
				  reference.
The provisions of this §
												79.2 amended under the County
						Probation Officers' Firearm Education and Training Law,
						61 Pa.C.S. §
													6305(13).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › GENERAL PROVISIONS › Section 79.3 - Enrollment

Current through Register Vol. 54, No. 28, July 13, 2024
Enrollment in programs under this part will be based upon
					 all relevant factors pertaining to the ability of the Commission to hold a
					 program including the number of openings in a particular training program, the
					 timing of the submitted application for training, the financial viability of
					 conducting the training and the availability of instructors and facilities to
					 hold the program.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › INITIAL CERTIFICATION OF OFFICERS › Section 79.11 - Certification

Current through Register Vol. 54, No. 28, July 13, 2024
Certification of those county probation/parole officers who
					 have satisfactorily completed basic training or who have been granted a waiver
					 by the Commission will be recognized through the issuance of a certificate,
					 which will bear a certification number.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › INITIAL CERTIFICATION OF OFFICERS › Section 79.12 - Application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  requirements for program participation or waiver in section 7 of the act
				  (61
				  P. S. §
											332.7) are incorporated by
				  reference.
(b) Application
				  procedures to participate in training programs approved by the Commission will
				  require any officer or county, or both, to submit information in a format as
				  specified on FCTMS (www.fetc.state.pa.us).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › INITIAL CERTIFICATION OF OFFICERS › Section 79.13 - Requirements for completion

Current through Register Vol. 54, No. 28, July 13, 2024
Satisfactory completion is defined as meeting the following
					 requirements:
(1) Attendance at the
				  entire approved training program.
(2) Compliance with Student Code of Conduct
				  for the programs as reviewed and approved annually by the Commission and set
				  forth in the course syllabus for a training program and on the Commission's web
				  site.
(3) Attainment of a passing
				  score on all components of a training program that are graded or evaluated, or
				  both, including written, oral and range components of a training
				  program.
This section cited in 37 Pa. Code §
												79.15 (relating to failure to
						complete basic training); and 37 Pa. Code §
												79.42 (relating to meet range
						qualification within required time
						frames).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › INITIAL CERTIFICATION OF OFFICERS › Section 79.14 - Duration of certification

Current through Register Vol. 54, No. 28, July 13, 2024
The certification of officers by the Commission as a result
					 of satisfactory completion of the basic training during a calendar year will
					 remain valid through December 31 of the following calendar year, unless revoked
					 under §
										79.31 (relating to reasons for
					 revocation of certification).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › INITIAL CERTIFICATION OF OFFICERS › Section 79.15 - Failure to complete basic training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An officer who fails to achieve a passing
				  score on the written examination portion of basic training will not be allowed
				  to continue in that basic training program. The officer may reapply to the
				  Commission to enroll and participate in subsequent basic training
				  programs.
(b) If an officer
				  achieves a passing score on the written examination, but otherwise fails to
				  complete the basic training requirements under §
										79.13 (relating to requirements
				  for completion), the officer's passing score will be recognized by the
				  Commission for 1 year from the date of attainment of the passing score on the
				  written examination. If the officer enrolls in a subsequent basic training
				  program during this 1-year period, the officer will be required to attend and
				  complete only the portion of the basic training that was not successfully
				  completed.
(c) If an officer fails
				  to achieve a passing score on the range portion of basic training, the
				  Executive Director will notify the officer's chief probation officer, by means
				  of certified mail, that the officer did not achieve a passing score on this
				  portion of basic training.
(d) An
				  officer who fails to achieve a passing score on the range portion of basic
				  training may be afforded one additional opportunity to shoot the range portion
				  of basic training within 90 calendar days from the date the officer fails to
				  achieve a passing score if the officer's chief probation officer submits a
				  written request to the Executive Director seeking permission for the officer to
				  shoot the range portion of basic training within 45 calendar days of the date
				  that the officer failed to achieve a passing score. The Executive Director will
				  grant or deny the permission, in writing, within 15 business days after
				  receiving the written request from the officer's chief probation officer.
(1) The request must include the following:
(i) A proposed date, time and location for
				  the shoot.
(ii) The name of the CFI
				  who will conduct the examination.
(iii) A written statement from a CFI that the
				  CFI provided remedial range training and that the officer is competent to pass
				  the range portion of basic training.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › MAINTENANCE OF CERTIFICATION › Section 79.21 - Maintenance of certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Certifications are effective until December 31 of the calendar year following
				  the issuance of the original or renewed certification unless the Certification
				  has been revoked under §§
										79.31,
				  79.32 or
				  79.33 (relating to revocation of
				  certification).
(b) To maintain
				  certification beyond December 31 of the calendar year following the issuance of
				  the original Certification or renewed certification, an officer must
				  successfully complete the following:
(1) At
				  least 4 hours of in-service training, on an annual basis, the specifics of
				  which the Commission will publish by the end of the first quarter of each
				  calendar year on the Commission's web site (www.fetc.state.pa.us).
(2) A range requalification examination under
				  §
											79.22 (relating to range
				  requalification examinations).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › MAINTENANCE OF CERTIFICATION › Section 79.22 - Range requalification examinations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Range requalification examinations will
				  require the officer to demonstrate continuing proficiency which includes
				  weapons handling, range safety and marksmanship.
(b) A range requalification examination shall
				  be completed during a Commission-conducted event or a training event sanctioned
				  by the Commission.
(c) Range
				  requalification examinations must be conducted by October 31 of each calendar
				  year, except as specified in §
										79.42(b)
				  (relating to failure to meet range requalification requirements time
				  frames).
(d) The course of fire for
				  the range requalification examination shall be conducted using the same
				  procedures that are followed for the range portion of basic training.
(e) Counties or departments desiring to
				  conduct a range requalification examination shall follow an application process
				  specified on the FCTMS (www. fetc.state.pa.us).
(1) The first time that a county or CFI
				  conducts a Commission-sanctioned range requalification examination, oversight
				  must be provided by a member of the Commission, a Commission-approved
				  representative, or a CFI who is not employed by the county or counties whose
				  personnel are being examined.
(2)
				  In subsequent years, the county may conduct the Commission sanctioned range
				  requalification examination without oversight.
(3) Any county conducting
				  Commission-sanctioned range requalification examinations is subject to periodic
				  inspection and audit by the Executive Director or a representative of the
				  Commission.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › MAINTENANCE OF CERTIFICATION › Section 79.23 - Failure to complete range requalification or in-service training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An officer who
				  fails to achieve a passing score on any evaluation, which is a part of the
				  range requalification examination or in-service training, will be permitted one
				  additional opportunity to achieve a passing score on the portion failed within
				  30 calendar days of failing to achieve a passing score on any portion of an
				  evaluation, or prior to October 31st of each calendar year, whichever time
				  frame is shorter.
(b) An officer
				  who fails to satisfactorily complete an in-service training requirement will
				  not receive credit for the Commission-specified number of hours of training for
				  that course, and may be subject to revocation of certification under
				  §§
										79.31-79.33 (relating to revocation of
				  certification).
This section cited in 37 Pa. Code §
												79.41 (relating to failure to
						achieve a passing score on a range requalification
						examination).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › MAINTENANCE OF CERTIFICATION › Section 79.24 - Extensions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An officer who
				  is unable to comply with §
										79.21 (relating to maintenance of
				  certification) due to extraordinary circumstances may, through his chief
				  probation officer, submit a written request, on a form and in a format set
				  forth on the FCTMS (www.fetc.state.pa.us) to the Executive Director by October
				  31 of the year in which the officer's current certification will expire.
(1) The request must include the following:
(i) The specific reason for the requested
				  extension of time.
(ii) The
				  specific length of time of the requested extension.
(iii) Documentation to support the
				  information that the officer supplied under subparagraph (1)(i) and (ii)
				  including, documents such as copies of military orders or a letter from the
				  chief probation officer.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › MAINTENANCE OF CERTIFICATION › Section 79.25 - Duty weapon change

Current through Register Vol. 54, No. 28, July 13, 2024
A change in an officer's duty weapon involving a different
					 manufacturer, a different model from the same manufacturer or a change in
					 firearm caliber requires that:
(1) The
				  officer satisfactorily completes a Commission qualification course of fire on
				  the new duty weapon.
(2)
				  Qualification occurs prior to the officer carrying the new weapon on
				  duty.
(3) Weapon change information
				  and qualification results are recorded in the FCTMS.
The provisions of this §
												79.25 issued under the County
						Probation Officers' Firearm Education and Training Law,
						61 Pa.C.S. §
													6305(13).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › MAINTENANCE OF CERTIFICATION › Section 79.26 - Break-in-service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An officer who
				  has a break-in-service of less than 12 months is not required to have
				  additional training as a result of the officer's break-in-service.
(b) An officer who has a break-in-service
				  lasting between 12 and 24 months shall satisfactorily complete a current
				  written test and successfully requalify on the Commission's qualification
				  course as a result of the officer's break-in-service.
(c) An officer who has a break-in-service of
				  24 months or more shall meet the requirements of a new hire as a result of the
				  officer's break-in-service.
The provisions of this §
												79.26 issued under the County
						Probation Officers' Firearm Education and Training Law,
						61 Pa.C.S. §
													6305(13).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › REVOCATION OF CERTIFICATION › Section 79.31 - Reasons for revocation of certification

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may revoke an officer's certification for
					 failure to comply with §
										79.21 (relating to maintenance of
					 certification) or for any of the following:
(1) Conviction of any crime that subjects the
				  officer to the disabilities under the Gun Control Act of 1968 (18 U.S.C.A. §§
											921-930), or 18 Pa.C.S. Chapter 61,
				  Subchapter A (relating to the Pennsylvania Uniform Firearms Act of 1995), or
				  both.
(2) Unsafe conduct during any
				  Commission training.
(3)
				  Unprofessional conduct, as delineated in the Student Code of Conduct, during an
				  event or training that is conducted by the Commission.
(4) Providing false or misleading
				  information, either orally or in writing, to the Commission, its employees or
				  agents.
This section cited in 37 Pa. Code §
												79.14 (relating to duration of
						certification); 37 Pa. Code §
												79.21 (relating to maintenance of
						certification); 37 Pa. Code §
												79.23 (relating to failure to
						complete range requalification or in-service training); and 37 Pa. Code §
												79.44 (relating to
						nonrecertifiable revocations).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › REVOCATION OF CERTIFICATION › Section 79.32 - Revocation of certification for failure to pass range requalification examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Executive Director, upon receipt of the range requalification examination
				  results, will immediately revoke the certification of an officer who fails to
				  requalify.
(b) The officer who has
				  failed to requalify will be notified of the revocation of certification in
				  writing.
(1) Copies of the revocation
				  notification will be sent to the chief probation officer and president judge of
				  the officer's employing county and judicial district.
(2) The notice of revocation of certification
				  will advise the officer that one additional opportunity to successfully
				  complete the range requalification examination is available after the officer
				  participates in Commission-sanctioned remedial training.
(i) Before an officer takes a
				  Commission-sanctioned remedial training, a CFI, who has previously conducted
				  remedial training, shall provide written documentation to the Executive
				  Director stating that the officer to be reexamined has demonstrated sufficient
				  improvement which warrants another opportunity to take a requalification
				  reexamination.
(ii) The
				  requalification examination shall occur within no more than 30 days of the
				  initial failure of the range requalification examination.
(iii) Range requalification examinations will
				  not be permitted after October 31 of the calendar year in which the failure
				  occurred.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › REVOCATION OF CERTIFICATION › Section 79.33 - Revocation of certification for failure to submit a timely request

Current through Register Vol. 54, No. 28, July 13, 2024
If the officer's chief probation officer fails to submit a
					 request for a range requalification examination to the Executive Director prior
					 to the expiration of the extension period granted by the Commission under
					 §
										79.24 (relating to extensions),
					 the officer's certification will be immediately revoked upon expiration of the
					 extension period and no further extensions will be granted.
This section cited in 37 Pa. Code §
												79.21 (relating to maintenance of
						certification); and 37 Pa. Code §
												79.23 (relating to failure to
						complete range requalification or in-service
						training).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › RECERTIFICATION OF OFFICERS FOLLOWING REVOCATION › Section 79.41 - Failure to achieve a passing score on a range requalification examination

Current through Register Vol. 54, No. 28, July 13, 2024
When an officer's certification has been revoked due to the
					 officer's failure to achieve a passing score under §
										79.23 (relating to failure to
					 complete range requalification or in-service training), the officer seeking
					 recertification shall do the following:
(1) Submit an application in a format as
				  specified on the FCTMS (www.fetc.state.pa.us). The application shall be
				  co-signed by the chief probation officer who shall state that the officer is
				  competent and safe to participate in Commission training activities.
(2) Enroll in, attend, and satisfactorily
				  complete a Commission-sponsored basic training.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › RECERTIFICATION OF OFFICERS FOLLOWING REVOCATION › Section 79.42 - Failure to complete range requalification within required time frames

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an
				  officer's certification has been revoked due to the officer's failure to meet
				  the time requirements of range requalifications in §
										79.22 (relating to range
				  requalification examinations), the officer seeking recertification shall do the
				  following:
(1) Submit an application to the
				  Executive Director within 20 calendar days of the effective date of the
				  revocation of certification. The application must be on a form set forth on the
				  FCTMS (www.fetc.state.pa.us) and shall be co-signed by the chief probation
				  officer.
(2) Pass any written
				  examinations, as described in §
											79.13 (relating to requirements
				  for completion). The examinations will be administered by the Executive
				  Director, a designee, or other authorized Commission staff or a Commission
				  member.
(3) Successfully complete
				  the range requalification requirements as set forth in § 79.22.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › RECERTIFICATION OF OFFICERS FOLLOWING REVOCATION › Section 79.43 - Failure to meet mandatory in-service training requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an officer's certification is
				  revoked due to the officer's failure to meet any mandatory in-service training
				  requirements set forth in §
										79.21(b)
				  (relating to maintenance of certification), the officer seeking recertification
				  shall do the following:
(1) Submit an
				  application to the Executive Director which must be in such format as specified
				  on the FCTMS (www.fetc.state.pa.us) and shall be co-signed by the chief
				  probation officer.
(2) Enroll in,
				  attend and complete a Commission-sponsored basic training program, or enroll
				  in, attend and complete the next available offerings of any mandatory
				  in-service training, which were not completed as required by the
				  Commission.
(3) Successfully
				  complete the range requalification examination as set forth in §
											79.22 (relating to range
				  requalification examinations).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › RECERTIFICATION OF OFFICERS FOLLOWING REVOCATION › Section 79.44 - Nonrecertifiable revocations

Current through Register Vol. 54, No. 28, July 13, 2024
When an officer's certification is revoked under §
										79.31(1) or (4),
					 or both, (relating to reasons for revocation of certification), the officer
					 shall be ineligible for recertification.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › TRAINING EXPENSE › Section 79.51 - Reimbursement of expenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Subject to the availability of funds, the Commission may assume the costs or
				  reimburse expenses incurred, or both, during an officer's attendance at a basic
				  training program or in-service training (including range requalification). The
				  reimbursement will not include personnel costs. Expenses determined eligible by
				  the Commission will be reimbursed at rates that are currently recognized by the
				  Commonwealth.
(b) Instructors are
				  not eligible for Commission reimbursement for any expenditure incurred when
				  engaged in county-conducted basic training under §
										79.64 (relating to
				  county-conducted basic training) or an in-service training course developed by
				  an entity other than the Commission or a Commission-approved vendor under
				  §
										79.63 (relating to requirements
				  for in-service training courses) or county-conducted in-service training under
				  §
										79.65 (relating to
				  county-conducted in-service training).
(c) Students are not eligible for Commission
				  reimbursement for any expenditure incurred when they participate in
				  county-conducted basic training under §
										79.64 or an in-service training
				  course developed by an entity other than the Commission or a
				  Commission-approved vendor under §
										79.63 or county-conducted
				  in-service training under § 79.65.
(d) The Commission may reimburse, in
				  accordance with Commission policies in effect on the dates of the
				  county-conducted basic training or county-conducted in-service training, the
				  county for selected expenditures associated with the county-conducted basic
				  training or county-conducted in-service training, or both.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › TRAINING EXPENSE › Section 79.52 - Reimbursement limitations

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission will assume only the costs or reimburse
					 eligible training expenses, or both, incurred for an officer's initial basic
					 training. Reimbursement of expenses will be contingent upon the county's
					 compliance with all Commission regulations, policies and procedures and upon
					 the satisfactory submission of any requested information, data, forms, reports
					 or documents. Commission reimbursement for ammunition and lodging is available
					 for only one basic training per officer.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › APPROVAL OF INSTRUCTORS, SCHOOLS AND VENDORS › Section 79.61 - Approval of instructors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  individual seeking approval to become a CFI or MI in programs offered by the
				  Commission shall submit an application in a format as specified on the FCTMS
				  (www.fetc.state.pa.us).
(1)
Minimum
				  qualifications for CFI.
The application for approval as a CFI in any
				  Commission training, waiver or requalification examination program will
				  include, but not be limited to, verification that the applicant has
				  satisfactorily completed a law enforcement firearms instructor training course
				  offered by entities such as: FBI, Pennsylvania State Police, National Rifle
				  Association or any other course which may be approved by the Commission and
				  documentation that the applicant has conducted at least 12 hours of law
				  enforcement firearms instruction within the 24 months preceding the application
				  submission date.
(2)
Minimum qualifications for an MI.
The applicant shall be a
				  Commission CFI for 36 months following approval as a CFI by the Commission and
				  submit an application for designation as an MI to the Executive Director. The
				  applicant shall have been a lead instructor for the academic/classroom portion
				  of a Commission Basic Training Program and a range master for the range portion
				  of the training.
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › APPROVAL OF INSTRUCTORS, SCHOOLS AND VENDORS › Section 79.62 - Approval of schools and vendors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Schools certified under
				  53 Pa.C.S. §§
											2162-2171 (relating to municipal police
				  education and training) are preapproved to conduct training as the Commission
				  may, in particular geographic areas of the Commonwealth, require.
(b) Vendors and other entities may become
				  approved to conduct Commission training, as the needs of the Commission
				  dictate, through the Commonwealth's competitive bid process. Selected vendors
				  will enter into a contract with the Commission to conduct specific training, to
				  a particular population, for a specific period of time and to contractual
				  standards. Approval of these entities to conduct Commission training may
				  terminate upon expiration of the contract.
(c) Schools and vendors conducting training
				  for the Commission shall use only instructors and curricula which have been
				  preapproved by the Commission.
(d)
				  Training conducted by a school or vendor must be approved and scheduled through
				  the Executive Director, in writing, prior to any advertisement, registration or
				  other obligation for that training.
(e) The Commission will inspect each approved
				  school or vendor actively providing training at least once every 2 years, but
				  reserves the right to monitor, without notice, any training conducted by
				  approved schools or vendors, and to review and inspect related program records,
				  materials and facilities at any time.
(f) The Commission reserves the right to
				  suspend or revoke the approval of any school or vendor without notice. An
				  affected school or vendor may seek reconsideration of the revocations under
				  §
										79.72 (relating to procedure for
				  officers, CFIs, MIs or schools seeking reconsideration.)
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › APPROVAL OF INSTRUCTORS, SCHOOLS AND VENDORS › Section 79.63 - Requirements for approval of in-service training courses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To receive credit toward Commission
				  mandated in-service training, counties shall obtain preapproval from the
				  Commission to conduct an in-service training course developed by an entity
				  other than the Commission or a Commission-approved school or vendor.
(b) Counties seeking approval of an
				  in-service training course developed by an entity other than the Commission or
				  a Commission-approved school or vendor shall submit an application to the
				  Executive Director at least 90 calendar days prior to the first proposed day of
				  training. The proposal shall be submitted in writing to the Executive Director.
				  The Commission may waive the 90-day requirement in this subsection on a
				  case-by-case basis if the course has been approved by an entity such as the
				  Federal Bureau of Investigation, the Pennsylvania State Police or the National
				  Rifle Association.
(c) Upon
				  approval by the Commission, the approved in-service training course may be
				  conducted by the county in accordance with §
										79.65 (relating to
				  county-conducted in-service training).
(d) The Commission prior to the first
				  proposed day of training must approve any changes or modifications to the
				  in-service training course that is approved by the Commission.
The provisions of this §
												79.63 amended under the County
						Probation Officers' Firearm Education and Training Law,
						61 Pa.C.S. §
													6305(13).
This section cited in 37 Pa. Code §
												79.51 (relating to reimbursement
						of expenses).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › APPROVAL OF INSTRUCTORS, SCHOOLS AND VENDORS › Section 79.64 - County-conducted basic training

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  To be recognized by the Commission, a basic training conducted by a county must
				  be preapproved by the Commission and be carried out in accordance with the
				  terms and conditions in the Commission's approval letter.
(b) An MI shall supervise all
				  county-conducted basic training.
(c) A county desiring to conduct a basic
				  training shall submit an application for county-conducted basic training,
				  including all required documentation, to the Executive Director on Form 19b as
				  found on the Commission's web site (www.fetc.state.pa.us).
(d) County-conducted basic training must be
				  conducted on training sites, both classroom and range, that are preapproved by
				  the Executive Director.
(e) Only
				  students who have submitted a basic training application, which has been
				  approved by the Executive Director, shall participate in a county-conducted
				  basic training.
(f) The entire
				  county-conducted basic training must be completed within 30 consecutive
				  calendar days and on the dates, times and at locations specified in the
				  application.
(g) Upon request of
				  the Executive Director or at the conclusion of the training, the county shall
				  submit to the Executive Director all forms and materials referenced in the
				  Commission's basic training approval letter in 30 calendar days.
(h) A county that is conducting an approved
				  basic training may accept any Commission-approved student for participation in
				  the training.
(i) Materials to
				  support county-conducted basic training may be provided to the county by the
				  Commission solely at the discretion of the Commission.
(j) The Commission reserves the right to
				  monitor and inspect all aspects of county-conducted basic training without
				  notice to the county that is conducting the training.
This section cited in 37 Pa. Code §
												79.51 (relating to reimbursement
						of expenses).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › APPROVAL OF INSTRUCTORS, SCHOOLS AND VENDORS › Section 79.65 - County-conducted in-service training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be recognized by the Commission, an
				  in-service training course must be preapproved by the Commission and conducted
				  in accordance with the terms and conditions set forth in the Commission's
				  approval letter.
(b) An MI shall
				  supervise all county-conducted in-service training.
(c) A county desiring to conduct in-service
				  training shall submit an application for county-conducted in-service training,
				  including the required documentation, to the Executive Director on Form 19c as
				  found on the Commission's web site (www.fetc.state.pa.us).
(d) County-conducted in-service training must
				  be conducted on training sites, both classroom and range, that are preapproved
				  by the Executive Director.
(e) Only
				  students who have submitted an application for in-service training that has
				  been approved by the Executive Director shall participate in county-conducted
				  in-service training.
(f) The entire
				  county-conducted in-service training must be completed within 30 consecutive
				  calendar days and on the dates, times and at the locations specified in the
				  application.
(g) Upon request of
				  the Executive Director or at the conclusion of the training, the county shall
				  submit to the Executive Director all forms and materials referenced in the
				  Commission's in-service training approval letter in 30 calendar days.
(h) A county that is conducting approved
				  in-service training may accept any Commission-approved student for
				  participation in the training.
(i)
				  Materials to support county-conducted in-service training may be provided to
				  the county by the Commission solely at the discretion of the
				  Commission.
(j) The Commission
				  reserves the right to monitor and inspect all aspects of any county-conducted
				  in-service training without notice to the county conducting the
				  training.
This section cited in 37 Pa. Code §
												79.51 (relating to reimbursement
						of expenses); and 37 Pa. Code §
												79.63 (relating to requirements
						for in-service training courses).
Pennsylvania Code › Title 37 - LAW › Part II - Board of Probation and Parole › Chapter 79 - COUNTY PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING COMMISSION › RECONSIDERATION OF COMMISSION DECISIONS › Section 79.71 - Decisions of instructors

Current through Register Vol. 54, No. 28, July 13, 2024
Commission instructors have the authority to summarily and
					 immediately terminate an officer's participation in any Commission sanctioned
					 training activity if any Commission instructor believes, in the Commission
					 instructor's sole discretion, that an officer presents a safety concern,
					 disrupts the learning environment, or violates the Commission's Student Code of
					 Conduct.