61.298 Required written police pursuit policies -- Subjects to be addressed -- Filing
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/ky/61-298A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
with Justice and Public Safety Cabinet -- Officers’ written confirmation of
receipt -- Annual review -- Purpose.
(1)As used in this section, "law enforcement agency" means:
(a)Any public agency that employs a police officer as defined in KRS 15.420 or a
special law enforcement officer as defined in KRS 61.900;
(b)Any public agency that is composed of or employs other public peace officers;
and
(c)Any elected or appointed peace officer who is authorized to exercise powers
of a peace officer as defined in KRS 446.010.
(2)On or before January 1, 2021, each law enforcement agency of this state shall adopt,
implement, enforce, and maintain written policies that establish standards and
procedures for the vehicular pursuit of any person who has violated or is suspected
of violating the laws of this state. The policy shall create guidelines for determining
when the interests of public safety and effective law enforcement justify the
initiation or termination of a vehicular pursuit. The policy shall address the
following subjects:
(a)The definition of pursuit that will be governed under the law enforcement
agency's policy;
(b)Decision-making criteria or principles that are designed to assist peace
officers in determining whether to initiate a pursuit. The criteria or principles
may include but shall not be limited to:
1. The potential for harm or potential danger to others if the fleeing
individual evades or escapes immediate custody;
2. The seriousness of the offense committed or believed to be committed,
by the fleeing individual or individuals, prior to the officer activating
emergency equipment;
3. If the officer has a reasonable and articulable suspicion that the driver or
an occupant of the vehicle in which they are fleeing represent a clear and
present danger to the public safety;
4. Safety factors that pose a risk to peace officers, other motorists,
pedestrians, or other third parties;
5. Vehicular or pedestrian traffic safety and volume;
6. Weather and vehicle conditions;
7. Potential speeds of the pursuit; and
8. Consideration of whether the identity of an offender is known and could
be apprehended at a later time;
(c)Responsibilities of the pursuing peace officer or officers, including pursuit
tactics and when those tactics are appropriate for use by the officer or officers;
(d)Procedures for designating the primary pursuit vehicle and for determining the
total number of vehicles that are permitted to participate at one
(1)time in the
pursuit;
(e)Coordination of communications during the pursuit, including but not limited
to responsibilities of the pursuing officer to communicate with his or her
communications center at the commencement of a pursuit regarding the
location, direction of travel, reason for the pursuit, and ongoing status
reporting during the pursuit;
(f)A requirement that there is supervisory control of the pursuit, including the
responsibilities of command staff or other supervisors during the pursuit, if a
supervisor is available;
(g)The circumstances and conditions where the use of pursuit intervention
tactics, including but not limited to blocking, ramming, boxing, and roadblock
procedures may be employed;
(h)Decision-making criteria or principles that are designed to assist peace
officers in making an ongoing determination during the course of the pursuit
of whether to continue the pursuit or to terminate or discontinue it. The
criteria or principles may include but shall not be limited to:
1. The potential for harm or potential danger to others if the fleeing
individual evades or escapes immediate custody;
2. The seriousness of the offense committed or believed to have been
committed by the individual or individuals that are fleeing;
3. Safety factors that pose a risk to peace officers, other motorists,
pedestrians, or other third parties;
4. Vehicular or pedestrian traffic safety and volume;
5. Weather and vehicle conditions;
6. Speeds of the pursuit;
7. Consideration of whether the identity of an offender is known and could
be apprehended at a later time; or
8. Where the officer has a reasonable and articulable suspicion that the
driver or an occupant of the vehicle in which they are fleeing represent a
clear and present danger to the public safety;
(i)Procedures for coordinating the pursuit with other law enforcement agencies,
including procedures for interjurisdictional pursuits; and
(j)A process for reporting and evaluating each pursuit by the law enforcement
agency.
(3)The policy adopted by a law enforcement agency may be a model policy that has
been endorsed by a national or state organization if the model complies with
subsection
(2)of this section and other laws of this Commonwealth.
(4)Upon the initial adoption of the policy, a law enforcement agency shall cause a full
copy of its policy to be filed with the Justice and Public Safety Cabinet, which shall
maintain a list of law enforcement agencies that have complied with the
requirements of this section.
(5)Each law enforcement agency shall receive and maintain written confirmation from
each officer in its employment that he or she has received a copy of the policy, and
that he or she has received instruction or training specific to the law enforcement
agency’s policy.
(6)Any policy adopted pursuant to this section shall be reviewed annually and may be
revised at any time by the agency adopting it. The agency shall cause a full copy of
any revised policy to be filed with the Justice and Public Safety Cabinet within ten
(10)days of its adoption.
(7)The requirements of this section are solely intended to direct law enforcement
agencies to adopt, implement, enforce, and maintain written vehicular pursuit
policies and outline the subjects of these policies. This section shall not be
interpreted or construed to:
(a)Mandate the actions of individual peace officers of a law enforcement agency
during any particular pursuit;
(b)Restrict a law enforcement agency from adopting additional policy
requirements, including policies that limit or prohibit vehicular pursuits; or
(c)Create any civil liability upon peace officers, law enforcement agencies, or
any public agency for the process of creating the vehicular pursuit policies or
the process of documenting compliance with the vehicular pursuit policies.