20160713-IR-250160219PRA Amends 250 IAC 2-7-1 to include reserve police officers in mandatory in-service training requirements and to modify "year" to "calendar year". Amends 250 IAC 2-7-4 to permit the Law Enforcement Train...  

  • TITLE 250 LAW ENFORCEMENT TRAINING BOARD

    Proposed Rule
    LSA Document #16-219

    DIGEST

    Amends 250 IAC 2-7-1 to include reserve police officers in mandatory in-service training requirements and to modify "year" to "calendar year". Amends 250 IAC 2-7-4 to permit the Law Enforcement Training Board to inquire as to the reasons for a reserve police officer's failure to meet annual in-service training requirements and to suspend an officer's police powers until training requirements are met. Amends 250 IAC 2-8-1 regarding maintenance of in-service training records. Effective January 1, 2017.




    SECTION 1. 250 IAC 2-7-1 IS AMENDED TO READ AS FOLLOWS:

    250 IAC 2-7-1 Mandatory in-service training

    Authority: IC 5-2-1-9; IC 36-8-3-20

    Sec. 1. Any person who has successfully completed basic training and has been appointed to a law enforcement department or agency as a law enforcement officer or reserve police officer, whether on a part-time or full-time basis, is not eligible for continued employment unless the officer successfully completes a minimum of twenty-four (24) hours of in-service training each calendar year. Subject matter for this training must meet the following requirements:
    (1) A minimum of two (2) of these hours must be in the subject of firearms, a minimum of two (2) of these hours must be in the subject of physical tactics/use of force, and a minimum of two (2) of these hours must be in the subject of police vehicle operations. The remaining hours must include subjects included within the minimum basic training curriculum approved by the board or must be approved by the board based upon a need expressed by the law enforcement agency or department employing the officer.
    (2) The subject must be presented under one (1) of the following conditions:
    (A) By a law enforcement training board-certified instructor.
    (B) At a law enforcement training board-certified school or academy.
    (C) At a school or academy in another state that has been certified by that state's equivalent to the board, at the federal level, or at an accredited college, university, or vocational school when the subject is determined by the board to be law enforcement related.
    (D) By an agency or entity, public or private, that has received written approval by the board, through its executive director, to provide in-service training for Indiana law enforcement officers and has agreed to comply and does comply with the board's rules and guidelines for presenting, evaluating, and reporting the training.
    (Law Enforcement Training Board; 250 IAC 2-7-1; filed Dec 23, 2003, 3:00 p.m.: 27 IR 1557; filed Mar 24, 2009, 11:39 a.m.: 20090422-IR-250080288FRA; readopted filed Nov 30, 2010, 11:14 a.m.: 20101229-IR-250100663RFA)


    SECTION 2. 250 IAC 2-7-4 IS AMENDED TO READ AS FOLLOWS:

    250 IAC 2-7-4 Failure to complete in-service training

    Authority: IC 5-2-1-9; IC 36-8-3-20

    Sec. 4. (a) When a law enforcement officer or reserve police officer fails to successfully complete the required hours of in-service training in a calendar year, the board, through its executive director, may make inquiry to determine if the failure was caused by an emergency situation, the unavailability of courses, or for some other reason.

    (b) If the inquiry reveals that the failure was caused by an emergency situation or the unavailability of courses, the board, through its executive director, may waive the officer's training requirement for the year by making an appropriate entry in the officer's master training file. However, as a condition of the waiver, the board may require the officer to make up the training hour deficit during the next calendar year.

    (c) If the inquiry reveals that the failure was not caused by an emergency situation or the unavailability of courses, the board, through its executive director, shall make an appropriate entry in the officer's master training file. In addition, the board shall notify the officer of the results of its inquiry and send copies of the correspondence to the chief executive officer of the officer's department and the prosecuting attorney of the county in which the officer works.

    (d) An officer who fails to complete the required hours of in-service training in a calendar year, for some reason other than the existence of an emergency situation or the unavailability of courses, shall not be eligible for continued employment. If an officer has not completed the required hours of in-service training in a calendar year, the appointing authority shall immediately suspend the officer's police powers until the training requirement is satisfied. The dates of any such suspension shall be recorded in the officer's training record at the officer's department.

    (e) To regain eligibility for employment, an officer in noncompliance must make up the training hour deficit and submit proof of the training received to the chief executive officer of the employing department, who shall immediately forward it to the board.

    (f) If the board finds that the training received meets the requirements established for mandatory in-service training, the officer shall be considered to be in compliance with the training mandate as of the date the officer completed the last hour of training required by the mandate.

    (g) An appropriate entry shall then be made in the officer's master training file, and the board, through its executive director, shall report the compliance date to the following:
    (1) The officer.
    (2) The chief executive officer of the officer's department.
    (3) The prosecuting attorney of the county in which the officer works.
    (Law Enforcement Training Board; 250 IAC 2-7-4; filed Dec 23, 2003, 3:00 p.m.: 27 IR 1558; readopted filed Nov 30, 2010, 11:14 a.m.: 20101229-IR-250100663RFA)


    SECTION 3. 250 IAC 2-8-1 IS AMENDED TO READ AS FOLLOWS:

    250 IAC 2-8-1 Annual report

    Authority: IC 5-2-1-9; IC 36-8-3-20
    Affected: IC 5-2-1-1

    Sec. 1. (a) Each law enforcement officer and reserve police officer in Indiana shall be responsible for the following:
    (1) Successfully completing the in-service training required by 250 IAC 2-7-1 annually.
    (2) Reporting successful completion of the training to the chief executive officer of the department or agency employing or appointing the officer.

    (b) The appointing authority for a reserve police officer shall maintain all in-service training records for that officer at the local department, and the department's appointing authority shall verify that the annual in-service training requirements have been satisfied by each reserve police officer at the conclusion of each calendar year. These verification records are to be retained by the appointing authority for inspection by the board, its executive director, or an authorized representative.
    (Law Enforcement Training Board; 250 IAC 2-8-1; filed Dec 23, 2003, 3:00 p.m.: 27 IR 1559; readopted filed Nov 30, 2010, 11:14 a.m.: 20101229-IR-250100663RFA)


    SECTION 4. SECTIONS 1 through 3 of this document take effect January 1, 2017.


    Posted: 07/13/2016 by Legislative Services Agency

    DIN: 20160713-IR-250160219PRA
    Composed: Nov 01,2016 2:15:48AM EDT
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