Training -

                                CHAPTER 63                        COUNTY PROBATION OFFICERS'                      FIREARM EDUCATION AND TRAINING     Sec.     6301.  Short title of chapter.     6302.  Definitions.     6303.  County Probation Officers' Firearm Education and Training            Commission.     6304.  Commission membership.     6305.  Powers and duties of commission.     6306.  Training mandatory.     6307.  Requirements for program participation or waiver.     6308.  County Probation Officers' Firearm Education and Training            Fund.     6309.  Applicability.        Enactment.  Chapter 63 was added August 11, 2009, P.L.147,     No.33, effective in 60 days.        Special Provisions in Appendix.  See sections 12, 13 and 14     of Act 33 of 2009 in the appendix to this title for special     provisions relating to references in text, continuation of     commission and continuation of fund.     § 6301.  Short title of chapter.        This chapter shall be known and may be cited as the County     Probation Officers' Firearm Education and Training Law.     § 6302.  Definitions.        The following words and phrases when used in this chapter     shall have the meanings given to them in this section unless the     context clearly indicates otherwise:        "Board."  The Pennsylvania Board of Probation and Parole.        "Certification."  The assignment of a certification number to     a probation or parole officer after successful completion of a     mandatory basic training course or receipt of a waiver of basic     training from the County Probation Officers' Firearm Education     and Training Commission and successful completion of mandatory     training.        "Commission."  The County Probation Officers' Firearm     Education and Training Commission.        "Fund."  The County Probation Officers' Firearm Education and     Training Fund established under section 6308 (relating to County     Probation Officers' Firearm Education and Training Fund).        "Officer."  A county probation or parole officer of this     Commonwealth.        "Program."  The County Probation Officers' Firearm Education     and Training Program established in this chapter.        "School."  A school currently approved by the Municipal     Police Officers' Education and Training Commission under 53     Pa.C.S. Ch. 21 Subch. D (relating to municipal police education     and training).        "Weapon-carrying officer."  A county probation or parole     officer who is authorized to carry a weapon in connection with     performance of the duties of the officer's employment.     § 6303.  County Probation Officers' Firearm Education and                Training Commission.        The County Probation Officers' Firearm Education and Training     Commission is established under the Pennsylvania Board of     Probation and Parole. The commission shall establish within six     months following the appointment of commission members a County     Probation Officers' Firearm Education and Training Program to     provide firearm education and training in accordance with the     provisions of this chapter.     § 6304.  Commission membership.        (a)  Composition.--The commission shall be composed of the     chairman of the board and eight other members to be appointed by     the Governor:            (1)  Three county adult probation officers who are full        members of the County Chief Adult Probation and Parole        Officers' Association of Pennsylvania, one of whom is a chief        adult probation officer from a county authorized to carry        firearms and two of whom are firearms instructors certified        as such by the National Rifle Association, the Pennsylvania        State Police or the Federal Bureau of Investigation.            (2)  One member of the Pennsylvania Council of Chief        Juvenile Probation Officers.            (3)  One representative of the Juvenile Court Judges'        Commission.            (4)  One judge of a court of common pleas of a county        that employs officers who carry firearms.            (5)  One director qualified under 53 Pa.C.S. Ch. 21        Subch. D (relating to municipal police education and        training).            (6)  One county commissioner from a county which employs        officers who carry firearms.        (b)  Terms.--Terms of the members initially appointed shall     be three members for one year, three members for two years and     three members for three years, as designated by the Governor at     the time of appointment. Thereafter, terms shall be for three     years. Each member shall hold office until the expiration of the     term for which the member was selected or until the member's     earlier death, resignation or removal or until the member's     successor has been selected and qualified but in no event more     than six months beyond the expiration of the member's appointed     term.        (c)  Vacancies.--A person appointed to fill a vacancy created     by other than expiration of a term shall be appointed for the     unexpired term of the member who that person is to succeed in     the same manner as the original appointment.        (d)  Compensation.--The members of the commission shall serve     without compensation but shall be reimbursed the necessary and     actual expenses incurred in attending the meetings of the     commission and in the performance of their duties under this     chapter.        (e)  Organization.--The commission shall elect from among its     members a chairperson and other officers who shall hold office     at the pleasure of the commission. The commission shall act only     with the concurrence of the majority.        (f)  Meetings and quorum.--The commission shall meet at least     four times each year until the program is implemented.     Thereafter, the commission shall meet as may be necessary, but     at least once annually. Special meetings may be called by the     chairperson of the commission or upon written request of three     members. A quorum shall consist of four members of the     commission.     § 6305.  Powers and duties of commission.        The powers and duties of the commission shall be as follows:            (1)  To develop, establish and administer the minimum        courses of study and training and competency standards for        firearm training for county probation officers, including an        initial curriculum of at least 40 hours and including the        firing of a qualification course.            (2)  To revoke an officer's certification for failing to        comply with educational and training requirements established        by the commission.            (3)  To approve or revoke the approval for the purposes        of this chapter of any school that may be utilized to comply        with the educational and training requirements as established        by the commission.            (4)  To establish the minimum qualifications for        instructors, to approve or revoke the approval of any        instructor and to develop the requirements for continued        certification.            (5)  To promote the most efficient and economical program        for training by utilizing existing facilities, programs and        qualified Federal, State and local police personnel.            (6)  To make an annual report to the Governor and to the        General Assembly concerning:                (i)  The administration of the program.                (ii)  The activities of the commission, together with            any recommendations for executive or legislative actions.            (7)  To require in accordance with this chapter county        probation officers to attend a minimum number of hours in in-        service training as provided for by regulation, unless the        officer's employer files a show-cause document with the        commission, requesting additional time for the officer to        comply with the in-service training requirements. Approval of        the request shall be made by the commission on a case-by-case        basis.            (8)  To appoint an administrative officer who shall serve        and be directly responsible to the commission.            (9)  To consult and cooperate with universities,        colleges, community colleges and institutes for the        development of specialized courses for county probation and        parole officers.            (10)  To consult and cooperate with departments and        agencies of this Commonwealth and other states and the        Federal Government concerned with county probation officer        training.            (11)  To certify officers who have satisfactorily        completed basic educational and training requirements as        established by the commission and to issue appropriate        certificates to these officers.            (12)  To visit and inspect approved schools at least once        every two years. This inspection requirement does not apply        where training is conducted locally at a satellite center        consisting of a classroom and shooting range.            (13)  To make rules and regulations and to perform other        duties as may be reasonably necessary or appropriate to        implement the training program for county probation officers.            (14)  To consider granting waivers of mandatory basic        training to county probation officers who have successfully        completed previous equivalent training.            (15)  To maintain certifications and other records as        necessary.            (16)  To issue reports to the president judges of the        courts of common pleas relating to compliance with this        chapter.     § 6306.  Training mandatory.        Within two years of the establishment of the County Probation     Officers' Firearm Education and Training Program and in     accordance with the provisions of this chapter, a county shall     provide for the training of any officer in its county probation     and parole department who carries a firearm. Following this two-     year period, a county shall provide that training and     certification requirements of this chapter are met prior to a     county probation officer being authorized to carry a firearm.     § 6307.  Requirements for program participation or waiver.        In order to participate in the training program or be granted     a waiver of training requirements, at a minimum, the officer     must:            (1)  Be employed as a full-time county probation officer.            (2)  Be a United States citizen.            (3)  Not have been convicted of an offense graded a        misdemeanor of the first degree or greater or punishable by a        term of imprisonment of more than two years, unless in        possession of a waiver from the Bureau of Alcohol, Tobacco        and Firearms of the Department of the Treasury.            (4)  Have had the officer's fingerprints submitted by the        officer's employer to the Pennsylvania State Police for the        purposes of a background investigation. The officer shall        have results of the investigation which indicate that the        requirements of paragraph (3) are met.     § 6308.  County Probation Officers' Firearm Education and                Training Fund.        (a)  Fund established.--The County Probation Officers'     Firearm Education and Training Fund is established as a     restricted receipts account within the General Fund. Moneys from     the fund shall be used exclusively for the purposes described     under this section.        (b)  Costs imposed.--            (1)  A person who accepts Accelerated Rehabilitative        Disposition or pleads guilty or nolo contendere or is        convicted of a felony or misdemeanor shall, in addition to        any other court costs imposed under the laws of this        Commonwealth, be sentenced to pay costs of $5. Costs        collected by the clerk of courts under this subsection shall        be paid into the fund.            (2)  Moneys in the fund shall be used to offset or pay        for:                (i)  Training expenses.                (ii)  Commission expenses.            (3)  Disbursement and allocation of fund moneys shall be        at the discretion of the commission.        (c)  Other moneys to be used.--In addition to payment of     training expenses as prescribed under subsection (b), training     expenses may also be paid out of the county offender supervision     fund under section 1102 of the act of November 24, 1998 (P.L.     882, No.111), known as the Crime Victims Act, or any other     county fund.        (d)  Juvenile probation officer participation.--In the event     that sufficient funds are not generated under the provisions of     subsection (b) to fully fund the costs of providing training to     juvenile probation officers, a training fee representing the     prorated share of the additional actual cost thereof shall be     payable by a participating juvenile probation officer's county     of employment.        Cross References.  Section 6308 is referred to in section     6302 of this title.     § 6309.  Applicability.        This chapter shall apply to county juvenile probation, adult     probation officers only, and only such officers shall be     eligible for training under this chapter.