Section 11.11.01.055 - INELIGIBILITY BASED UPON PAST CONDUCTAn applicant is ineligible to attend a basic training academy and for certification under the following circumstances.
01.Criminal Conviction. An applicant is ineligible if he was convicted of: a. A felony, if the applicant was eighteen (18) years old or older at the time of conviction;b. A misdemeanor Driving Under the Influence offense(s) within two (2) years immediately preceding application, or two or more (2) misdemeanor Driving Under the Influence offenses within five (5) years immediately preceding application;c. A misdemeanor crime involving domestic violence, if the relevant law enforcement discipline requires the applicant to possess a firearm in the course of their duty, or if the conviction occurred within 5 years immediately preceding application;d. A misdemeanor crime of deceit, as defined in these rules, or a misdemeanor sex offense, if the conviction occurred within five (5) years immediately preceding application;e. A misdemeanor drug-related offense, if the conviction occurred within one (1) year immediately preceding application.02.Driver's License. An applicant is ineligible if he does not possess a valid driving license from the applicant's state of residence and is unable to qualify for an Idaho driver's license, except for the following disciplines:b. Emergency Communications Officers.03.Marijuana. An applicant is ineligible if he used, illegally purchased, or illegally possessed marijuana, cannabis, hashish, hash oil, or THC in synthetic and natural forms, whether charged or not, if such use occurred:a. Within one (1) year immediately preceding application;b. While employed as a law enforcement officer, in a prosecutorial position, or in a position of public safety, regardless of when the use occurred.04.Violations of Idaho Controlled Substances Act. An applicant is ineligible if he, while eighteen (18) years old or older, violated any provision of the Idaho Uniform Controlled Substances Act, Section 37-2701 et seq., Idaho Code, whether charged or not, that constitutes a felony, or of a comparable statute of another state or country, if the violation occurred: a. Within three (3) years immediately preceding application;b. While employed as a law enforcement officer, in a prosecutorial position, or in a position of public safety, regardless of when the illegal use occurred.05.Use of Prescription or Other Legally Obtainable Controlled Substance. An applicant is ineligible if he unlawfully used any prescription drug or a legally obtainable controlled substance within the past three (3) years, unless: a. The applicant was under the age of eighteen (18) at the time of using the controlled substance; orb. An immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription controlled substance not specifically prescribed to the person.06.Military Discharge. An applicant is ineligible if he received a "dismissal," "bad conduct discharge" (BCD), "dishonorable discharge" (DD), or administrative discharge of other than honorable (OTH) from military service.07.Decertification or Denial of Certification. An applicant is ineligible if he has been denied certification; his certification is suspended in another state or jurisdiction, denied, revoked or applicant is not able to obtain certification in another state or jurisdiction; or his basic certificate has been revoked by the Council in this state or the responsible licensing agency in any other issuing jurisdiction, unless the denial or revocation has been rescinded by the Council or by the responsible licensing agency of the issuing jurisdiction.Idaho Admin. Code r. 11.11.01.055
Effective June 7, 2024 (Temporary)