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Idaho Bills

1 bill · 2021 Regular Session

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H0046houseSigned

Amends existing law to revise provisions regarding the authority of those performing security duties at the Orchard training area and to remove a POST training requirement.

1. TheIdahoNationalGuardrequiressecurityattheOCTC.Currentsecuritypersonnelarenotlawenforcement officers. Thoughthesepersonnelaretrainedasmilitarysecurity, thepersonnelarenotcertifiedlawenforcement officers as defined under Idaho Law. As such they do not have the legal authority to "arrest" as provided in Idaho Code Section 46-408. OCTC security personnel can only "detain" suspects until local law enforcement can respond to an incident. The requirement to have lawful powers of arrest as provided in Idaho Code Section 46-408 is not feasible. Thus, the Idaho Military Division recommends striking the word "arrest" from Section 46-408. 2. The requirement to have security personnel attend the Idaho POST academy is an unnecessary and untenable requirement. As mentioned, OCTC personnel simply detain and turn over suspects to local law enforcement. ThisrequirementdoesnotreflectcurrentproceduresbecausethereisinsufficientfundingtosendOCTCsecurity personnel to the POST academy and it does not reflect current operational realities in the OCTC. Therefore the Idaho Military Division recommends striking the requirement to attend the Idaho POST academy.

Enacted

341