15.440 Requirements for participation in fund distribution -- Service and training
1,506 words·~7 min read·
/ky/15-440A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
in another state -- Eligibility of government unit contingent on police
department compliance -- Deputies -- Deadlines.
(1)Each unit of government that meets the following requirements shall be eligible to
share in the distribution of funds from the Law Enforcement Foundation Program
fund:
(a)Employs one
(1)or more police officers;
(b)Pays every police officer at least the minimum federal wage;
(c)Requires all police officers to have, at a minimum, a high school degree, or its
equivalent as determined by the council, except that each police officer
employed prior to the date on which the officer's police department was
included as a participant under KRS 15.410 to 15.510 shall be deemed to have
met the requirements of this subsection;
(d)1. Requires all police officers to successfully complete a basic training
course of nine hundred twenty-eight
(928)hours' duration within one
year of the date of employment at a school certified or recognized by the
council, which may provide a different number of hours of instruction as
established in this paragraph, except that each police officer employed
prior to the date on which the officer's police department was included
as a participant under KRS 15.410 to 15.510 shall be deemed to have
met the requirements of this subsection.
2. As the exclusive method by which the number of hours required for
basic training courses shall be modified from that which is specifically
established by this paragraph, the council may, by the promulgation of
administrative regulations in accordance with the provisions of KRS
Chapter 13A, explicitly set the exact number of hours for basic training
at a number different from nine hundred twenty-eight
(928)hours based
upon a training curriculum approved by the Kentucky Law Enforcement
Council as determined by a validated job task analysis.
3. If the council sets an exact number of hours different from nine hundred
twenty-eight
(928)in an administrative regulation as provided by this
paragraph, it shall not further change the number of hours required for
basic training without promulgating administrative regulations in
accordance with the provisions of KRS Chapter 13A.
4. Nothing in this paragraph shall be interpreted to prevent the council,
pursuant to its authority under KRS 15.330, from approving training
schools with a curriculum requiring attendance of a number of hours
that exceeds nine hundred twenty-eight
(928)hours or the number of
hours established in an administrative regulation as provided by
subparagraphs 2. and 3. of this paragraph. However, the training
programs and schools for the basic training of law enforcement
personnel conducted by the department pursuant to KRS 15A.070 shall
not contain a curriculum that requires attendance of a number of hours
for basic training that is different from nine hundred twenty-eight
hours or the number of hours established in an administrative regulation
promulgated by the council pursuant to the provisions of KRS Chapter
13A as provided by subparagraphs 2. and 3. of this paragraph.
5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph
to the contrary notwithstanding, the council may, through the
promulgation of administrative regulations in accordance with KRS
Chapter 13A, approve basic training credit for:
a. Years of service credit as a law enforcement officer with previous
service in another state; and
b. Basic training completed in another state.
6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph
to the contrary notwithstanding, the council may, through the
promulgation of administrative regulations in accordance with KRS
Chapter 13A, approve basic training credit for:
a. Completion of eight hundred forty-eight
(848)hours of training at
a school established pursuant to KRS 15A.070;
b. A minimum of fifteen
(15)years of experience as a certified law
enforcement instructor at a school established pursuant to KRS
15A.070;
c. Completion of an average of forty
(40)hours of Kentucky Law
Enforcement Council approved in-service training annually from
January 1, 1997, through January 1, 2020;
d. Three
(3)years of active, full-time service as a:
i. City, county, urban-county, charter county, consolidated
local, or unified local government police officer;
ii. Sheriff's deputy, excluding special deputies appointed under
KRS 70.045;
iii. Department of Kentucky State Police officer; or
iv. Kentucky Department of Fish and Wildlife Resources game
warden exercising peace officer powers under KRS 150.090;
and
e. Completion of the:
i. Twenty-four
(24)hour legal update Penal Code course;
ii. Sixteen
(16)hour legal update constitutional procedure
course; and
iii. Forty
(40)hour basic officer skills course within one
(1)year
prior to applying for certification;
(e)Requires all police officers to successfully complete each calendar year an in-
service training course, appropriate to the officer's rank and responsibility and
the size and location of the officer's police department, of forty
(40)hours'
duration, at a school certified or recognized by the council which may include
a four
(4)hour course which meets the requirements of paragraph
(j)of this
subsection. This in-service training requirement shall be waived for the period
of time that a peace officer is serving on active duty in the United States
Armed Forces. This waiver shall be retroactive for peace officers from the
date of September 11, 2001;
(f)Complies with all provisions of law applicable to police officers or police
departments, including transmission of data to the centralized criminal history
record information system as required by KRS 17.150 and transmission of
reports as required by KRS 15.391;
(g)Complies with all rules and regulations, appropriate to the size and location of
the police department issued by the cabinet to facilitate the administration of
the fund and further the purposes of KRS 15.410 to 15.510;
(h)Possesses a written policy and procedures manual related to domestic violence
for law enforcement agencies that has been approved by the cabinet. The
policy shall comply with the provisions of KRS 403.715 to 403.785. The
policy shall include a purpose statement; definitions; supervisory
responsibilities; procedures for twenty-four
(24)hour access to protective
orders; procedures for enforcement of court orders or relief when protective
orders are violated; procedures for timely and contemporaneous reporting of
adult abuse and domestic violence to the Cabinet for Health and Family
Services, Department for Community Based Services; victim rights,
assistance, and service responsibilities; and duties related to timely
completion of records;
(i)Possesses by January 1, 2023, a written policy and procedures manual related
to sexual assault examinations that meets the standards provided by, and has
been approved by, the cabinet, and which includes:
1. A requirement that evidence collected as a result of an examination
performed under KRS 216B.400 be taken into custody within five
days of notice from the collecting facility that the evidence is available
for retrieval;
2. A requirement that evidence received from a collecting facility relating
to an incident which occurred outside the jurisdiction of the police
department be transmitted to a police department with jurisdiction
within ten
(10)days of its receipt by the police department;
3. A requirement that all evidence retrieved from a collecting facility under
this paragraph be transmitted to the Department of Kentucky State
Police forensic laboratory within thirty
(30)days of its receipt by the
police department;
4. A requirement that a suspect standard, if available, be transmitted to the
Department of Kentucky State Police forensic laboratory with the
evidence received from a collecting facility;
5. A process for notifying the victim from whom the evidence was
collected of the progress of the testing, whether the testing resulted in a
match to other DNA samples, and if the evidence is to be destroyed. The
policy may include provisions for delaying notice until a suspect is
apprehended or the office of the Commonwealth's attorney consents to
the notification, but shall not automatically require the disclosure of the
identity of any person to whom the evidence matched; and
6. A requirement that DNA samples collected as a result of an examination
performed under KRS 216B.400 that are voluntarily submitted solely for
elimination purposes shall not be checked against any DNA index,
retained, or included in any DNA index; and
(j)Requires all police officers to successfully complete by December 31, 2022,
and every two
(2)years thereafter, a training course certified by the council of
not less than four
(4)hours in emergency vehicle operation.
(2)A unit of government which meets the criteria of this section shall be eligible to
continue sharing in the distribution of funds from the Law Enforcement Foundation
Program fund only if the police department of the unit of government remains in
compliance with the requirements of this section.
(3)Deputies employed by a sheriff's office shall be eligible to participate in the
distribution of funds from the Law Enforcement Foundation Program fund
regardless of participation by the sheriff.
(4)Failure to meet a deadline established in a policy adopted pursuant to subsection
(1)(i) of this section for the retrieval or submission of evidence shall not be a basis
for a dismissal of a criminal action or a bar to the admissibility of the evidence in a
criminal action.