1Amending the act of February 9, 1984 (P.L.3, No.2), entitled "An
2act providing for the education and training of deputy
3sheriffs; creating the Deputy Sheriffs' Education and
4Training Board under the Pennsylvania Commission on Crime and
5Delinquency; providing for the powers and duties of the board
6and the Attorney General; establishing the Deputy Sheriffs'
7Education and Training Account; providing for a surcharge on
8sheriffs' fees; and providing penalties," further providing
9for title and short title of act and for definitions;
10renaming the Deputy Sheriffs' Education and Training Board
11and further providing for its duties; further providing for
12the training program and for continuing education; providing
13for sheriff training requirement; further providing for 
14deputy sheriff training requirement; providing for revocation 
15of certification; renaming the Deputy Sheriffs' Education and 
16Training Account; and further providing for reimbursement to 
17counties.

18The General Assembly of the Commonwealth of Pennsylvania
19hereby enacts as follows:

20Section 1. The title and section 1 of the act of February 9,
211984 (P.L.3, No.2), known as the Deputy Sheriffs' Education and
22Training Act, are amended to read:

23AN ACT

24Providing for the education and training of sheriffs and deputy
25sheriffs; creating the [Deputy Sheriffs'] Sheriff and Deputy
 

1Sheriff Education and Training Board under the Pennsylvania
2Commission on Crime and Delinquency; providing for the powers
3and duties of the board and the Attorney General;
4establishing the [Deputy Sheriffs'] Sheriff and Deputy 
5Sheriff Education and Training Account; providing for a
6surcharge on sheriffs' fees; and providing penalties.

7Section 1. Short title.

8This act shall be known and may be cited as the [Deputy
9Sheriffs'] Sheriff and Deputy Sheriff Education and Training
10Act.

11Section 2. The definitions of "account" and "board" in
12section 2 of the act are amended to read:

13Section 2. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17"Account." The [Deputy Sheriffs'] Sheriff and Deputy Sheriff
18Education and Training Account.

19"Board." The [Deputy Sheriffs'] Sheriff and Deputy Sheriff
20Education and Training Board.

21* * *

22Section 3. Section 3 heading, (a), (b), (d), (g) and (h) of
23the act, amended June 15, 1994 (P.L.262, No.43) and January 29,
241998 (P.L.38, No.10), are amended to read:

25Section 3. The [Deputy Sheriffs'] Sheriff and Deputy Sheriff
26Education and Training Board.

27(a) Establishment.--There is hereby established within the
28commission [an advisory] a board to be known as the [Deputy
29Sheriffs'] Sheriff and Deputy Sheriff Education and Training
30Board.

1(b) Composition.--The board shall be composed of ten members
2as follows:

3(1) The Attorney General.

4(2) Two judges of the courts of common pleas from
5different counties.

6(3) Two sheriffs [or chief deputies] from different
7counties with a minimum of six years experience as a sheriff
8or chief deputy.

9(4) Three individuals from different counties with a
10minimum of eight years experience each as a deputy sheriff.
11One of the three shall be currently employed in the capacity
12of deputy sheriff with the rank of sergeant or deputy
13sheriff.

14(5) One educator qualified in the field of curriculum
15design.

16(6) One county commissioner.

17* * *

18(d) Vacancies.--A member appointed to fill a vacancy created
19by any reason other than expiration of a term shall be appointed
20for the unexpired term of the member [whom he is to succeed] who 
21the appointee succeeds in the same manner as the original
22appointment.

23* * *

24(g) [Chairman] Chair.--The members of the board shall elect
25a [chairman] chair from among the members to serve for a period
26of one year. A [chairman] chair may be elected to serve
27successive terms. The Governor shall designate the first
28[chairman] chair for organizational purposes only.

29(h) Meetings and quorum.--The [chairman] chair shall summon
30the members of the board to the first meeting within 120 days of

1the effective date of this act. The board shall meet at least
2four times each year. Special meetings may be called by the
3[chairman] chair of the board or upon written request of three
4members. A quorum shall consist of five members.

5Section 4. Section 4 of the act is amended to read:

6Section 4. Powers and duties of the board.

7The board, with the review and approval of the commission,
8shall:

9(1) Establish, implement and administer the [Deputy
10Sheriffs'] Sheriff and Deputy Sheriff Education and Training
11Program according to the minimum requirements set forth in
12this act.

13(2) Establish, implement and administer requirements for
14the minimum courses of study and training for sheriffs and
15deputy sheriffs.

16(3) Establish, implement and administer requirements for
17courses of study and in-service training for sheriffs holding 
18office and deputy sheriffs appointed prior to the effective
19date of this act.

20(4) Establish, implement and administer requirements for
21a continuing education program for all sheriffs and deputy
22sheriffs concerning subjects the board may deem necessary and
23appropriate for the continued education and training of
24sheriffs and deputy sheriffs.

25(5) Approve or revoke the approval of any school which
26may be utilized to comply with the educational and training
27requirements of this act.

28(6) Establish the minimum qualifications for instructors
29and certify instructors.

30(7) Consult and cooperate with universities, colleges,

1law schools, community colleges and institutes for the
2development of specialized courses for sheriffs and deputy
3sheriffs.

4(8) Promote the most efficient and economical program
5for sheriffs and deputy sheriff training by utilizing
6existing facilities, programs and qualified State and local
7personnel.

8(9) Certify sheriffs and deputy sheriffs who have
9satisfactorily completed the basic education and training
10requirements of this act and issue appropriate certificates
11to them.

12(9.1) Revoke the certification of sheriffs and deputy
13sheriffs in accordance with section 7.1.

14(9.2) Reinstate previously revoked certifications of
15sheriffs and deputy sheriffs where the board finds that the
16circumstances which led to the revocation of certification
17are no longer an impediment to certification.

18(10) Make rules and regulations and perform other duties
19as may be reasonably necessary or appropriate to administer
20[the education and training program for deputy sheriffs] this 
21act.

22(11) Make an annual report to the Governor and to the
23General Assembly concerning:

24(i) The administration of the [Deputy Sheriffs']
25Sheriff and Deputy Sheriff Education and Training
26Program.

27(ii) The activities of the board.

28(iii) The costs of the program.

29Section 5. Sections 5 and 6 of the act, amended January 29,
301998 (P.L.38, No.10), are amended to read:

1Section 5. Training program.

2The [Deputy Sheriffs'] Sheriff and Deputy Sheriff Education
3and Training Program shall include appropriate training for not
4less than 160 hours which content and hours of instruction shall
5be determined by the board, subject to the review and approval
6of the commission.

7Section 6. Continuing education.

8The board, with the review and approval of the commission,
9shall establish a continuing education program for all sheriffs 
10and deputy sheriffs, which shall include not less than 20 hours
11of continuing education every two years, concerning subjects the
12board may deem necessary and appropriate for the continued
13education and training of sheriffs and deputy sheriffs.

14Section 6. The act is amended by adding a section to read:

15Section 6.1. Sheriff training requirement.

16(a) Certification required.--

17(1) It shall be the duty of any sheriff elected after
18the effective date of this section and not holding
19certification as either a deputy sheriff or sheriff on the
20first Monday in January next following the election, during
21the sheriff's term of office:

22(i) To obtain the education and training as provided
23in section 5, subject to any reduction in hours as
24provided in subsection (c).

25(ii) To meet the requirements for continuing
26education after certification.

27(iii) To obtain reinstatement of a previously
28revoked certification, if applicable.

29(2) In the case of a county which has adopted a home
30rule charter which provides for the appointment of the

1sheriff, a sheriff appointed after the effective date of this
2section shall obtain certification under this section within
318 months of appointment.

4(b) Continuing education.--Every sheriff shall, while in
5office, meet the requirements for continuing education
6established by the board, with the review and approval of the
7commission.

8(c) Prior education, training or experience.--The board,
9with the review and approval of the commission, shall have the
10authority and the discretion to reduce the hours of education
11and training required in section 5 for those sheriffs required
12to receive education and training who, because of prior
13education, training or experience, have acquired knowledge or
14skill equivalent to that provided by the program.

15(d) Sheriffs in office.--Any sheriff holding office on the
16effective date of this section shall be deemed to have satisfied
17the requirements for training under section 5 and shall receive
18certification from the board. From the date of the certification
19under this subsection, sheriffs shall be subject to continuing
20education as provided in subsection (b).

21(e) Ineligibility.--Any sheriff failing to receive and
22maintain certification as provided in this section shall be
23ineligible to be on the ballot for the office of sheriff for any
24term subsequent to that referred to in subsection (a).

25(f) Vacancies.--

26(1) Any person appointed to fill a vacancy in the office
27of sheriff shall be certified or, in the alternative, obtain
28and maintain certification during the term for which the
29person is appointed in accordance with subsection (a). Any
30person appointed to fill a vacancy in the office of sheriff

1who does not fulfill the requirements of subsection (a) shall
2be ineligible for subsequent election as provided in
3subsection (e).

4(2) No person appointed to fill a vacancy in the office
5of sheriff where the balance of the unexpired term is less
6than one year shall be subject to the requirements of
7paragraph (1). However, a person who is elected to a term as
8sheriff immediately following the person's previously
9appointed term of less than one year is subject to the
10requirements of subsection (a).

11(g) Purpose and legislative intent.--It is hereby declared
12to be a public policy of this Commonwealth that sheriffs receive
13and maintain education and training equivalent to that required
14by law of deputy sheriffs in order to preserve the safety of
15county facilities, employees and residents. It is further
16declared that a newly elected sheriff have an opportunity to
17satisfy the requirements of this act during the sheriff's first
18term, notwithstanding past training and experience.

19Section 7. Section 7 heading, (a), (c) and (d) of the act
20are amended to read:

21Section 7. [Training] Deputy sheriff training requirement.

22(a) Application of act.--Every sheriff of this Commonwealth
23shall assure that each full-time or part-time deputy employed by
24[him] the sheriff who has less than five years of experience on
25the effective date of this act receives the training provided
26for in sections 5 and 6.

27* * *

28(c) Certification requirement for continued compensation.--
29Any person hired as a full-time or part-time deputy sheriff who
30has less than five years of experience on the effective date of

1this act shall, at the end of two years from the effective date
2of this act, be ineligible to receive any salary, compensation
3or other consideration or thing of value for the performance of
4[his] duties as a deputy sheriff unless [he] the deputy sheriff
5has met all of the requirements established pursuant to this act
6and has been duly certified as having met those requirements by
7the board, with the review and approval of the commission,
8unless the deputy sheriff is granted additional time to complete
9[his] training by the board, with the review and approval of the
10commission. Any new deputy hired by the sheriff after July 1,
111985 shall have one year in which to complete [his or her]
12training.

13(d) Continuing education.--Any full-time or part-time deputy
14sheriff who fails to meet and fails to be certified as having
15met the requirements for continuing education established by the
16board, with the review and approval of the commission, shall be
17ineligible to receive any salary, compensation or other
18consideration or thing of value for the performance of [his]
19duties as a deputy sheriff.

20* * *

21Section 8. The act is amended by adding a section to read:

22Section 7.1. Revocation of certification.

23(a) Revocation of deputy sheriff certification.--The board
24shall revoke the certification of any deputy sheriff for one or
25more of the following:

26(1) Conviction for a felony or misdemeanor of the first
27or second degree.

28(2) Where the board determines the person was dismissed
29for cause from employment as a deputy sheriff.

30(3) Where the board determines the person is physically

1or psychologically unfit to perform the duties of the office.

2(4) Where the board determines the person has committed
3misconduct which makes the person unfit to perform the duties
4of the office including:

5(i) Submission to the board of a document that the
6deputy knows contains false information, including
7fraudulent application.

8(ii) Cheating on board examinations or skill tests.

9(b) Revocation of sheriff certification.--The board shall
10revoke the certification of a sheriff only after the sheriff is
11removed from office. Nothing in this act shall be interpreted as
12providing grounds for removal of a sheriff from office, except
13as provided for by Article VI of the Constitution of
14Pennsylvania.

15(c) Notification by sheriff.--In the case of a deputy
16sheriff, it shall be the responsibility of the sheriff to notify
17the board within 15 days of the occurrence of an event described
18under subsection (a).

19(d) Notification by county commissioners.--In the case of a
20sheriff, it shall be the responsibility of the county
21commissioners to notify the board within 15 days of a sheriff's
22removal from office.

23(e) Regulations.--The board shall establish, with the
24approval of the commission, regulations providing for the
25following:

26(1) Notice of a revocation and the right of sheriffs and
27deputy sheriffs to request a hearing.

28(2) Standards and guidelines for application for
29recertification following revocation.

30Section 9. Section 8 heading, (a), (c) and (e) of the act

1are amended to read:

2Section 8. [Deputy Sheriffs'] Sheriff and Deputy Sheriff
3Education and Training Account.

4(a) Establishment.--There is hereby established a special
5restricted receipts account within the General Fund of the State
6Treasury, which shall be known as the [Deputy Sheriffs'] Sheriff 
7and Deputy Sheriff Education and Training Account, for the
8purpose of financing training program expenses, the costs of
9administering the program, reimbursements to counties and all
10other costs associated with the activities of the board and the
11implementation of this act.

12* * *

13(c) Disposition of moneys collected.--The moneys collected
14under subsection (b) shall be forwarded semiannually by the
15sheriff of an individual county to the State Treasurer for
16deposit into the account[. All moneys received by the treasurer
17in excess of the amount necessary] and used exclusively to cover
18the costs and expenses of the [training program shall be
19transferred from the special restricted receipts account to the
20General Fund of the Commonwealth on an annual basis with such
21reserve maintained as will be adequate to assure the continued
22operation of the Deputy Sheriffs'] Sheriff and Deputy Sheriff
23Education and Training Program.

24* * *

25(e) Audit.--The Auditor General shall conduct an audit of
26the account as [he] the Auditor General may deem necessary or
27advisable from time to time but no less often than once every
28three years.

29Section 10. Section 9 of the act, amended December 9, 2002
30(P.L.1442, No.184), is amended to read:

1Section 9. Reimbursement to counties.

2Each county shall pay the ordinary and necessary living and
3travel expenses and the regular salary of their sheriff and
4deputy sheriffs while attending approved schools. The commission
5shall provide for reimbursement to each county of 100% of the
6regular salaries of their sheriff and deputy sheriffs and 100%
7of the ordinary and necessary living and travel expenses
8incurred by their sheriff and deputy sheriffs while attending
9certified [deputy sheriffs'] sheriff and deputy sheriff basic
10training or continuing education schools if the county adheres
11to the training standards set forth in this act and established
12by the board with the review and approval of the commission. The
13commission shall provide for 100% of the tuition incurred by
14sheriff and deputy sheriffs while attending certified [deputy
15sheriffs'] sheriff and and deputy sheriff basic training or
16continuing education schools.

17Section 11. This act shall take effect in 60 days.