81-1414. Law enforcement officers; certificate or diploma; when required; noncertified conditional officer; appointment; field training officers.
864 words·~4 min read·
/ne/chapter-81/81-1414A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)On and after January 1, 1972, law enforcement officers already serving under permanent appointment shall not be required to meet any requirement of subsection
(2)of this section as a condition of tenure or continued employment.
(2)Except as provided in subsection
(6)of this section, on and after January 1, 1972, no person shall receive appointment as a law enforcement officer unless such person:
(a)Has been awarded a certificate or diploma by the commission attesting to satisfactory completion of the minimum curriculum of the training center as established by the council;
(b)Has been awarded a certificate or diploma attesting to satisfactory completion of a training program approved by the council as equivalent to the curriculum in subdivision (2)(a) of this section; or
(c)Is certified as a law enforcement officer in another state and has successfully completed the requirements of a reciprocity program and been approved as provided in section 81-1414.13 .
(3)The council shall deem the successful completion of the federal Bureau of Indian Affairs basic police training program as administered by the Federal Law Enforcement Training Center to constitute equivalent training under subdivision (2)(b) of this section, and officers certified by virtue of such equivalent training may exercise full law enforcement authority exclusively on tribal lands.
(4)Law enforcement officers who are promoted in rank shall satisfactorily complete such council-approved training within one year of such promotion.
(5)At the direction of the council, the director shall issue a certificate or diploma attesting to a compliance with the requirements of subsection (2), (3), or
(4)of this section to any applicant who presents evidence of satisfactory completion of a council-approved training program.
(6)(a) A person who has not been awarded such a certificate or diploma may receive an appointment as a noncertified conditional officer subject to the provisions and requirements of this subsection.
(b)A noncertified conditional officer shall meet all requirements for admission to the training center and shall immediately apply for admission to the training center and enroll in the next available basic training class.
(c)A noncertified conditional officer may interact with the public and carry a firearm only after completion of the following training:
(i)Twenty-four hours of use of force training, including defensive tactics, arrest control, handcuffing, pat down, and complete searches;
(ii)Sixteen hours of firearms training and passing the minimum requirements for the handgun qualification course as provided in section 81-1412.01 ;
(iii)Twelve hours of arrest and search and seizure training with Fourth Amendment and Fifth Amendment training;
(iv)Eight hours of de-escalation training;
(v)Eight hours of mental health crisis training;
(vi)Eight hours of anti-bias and implicit bias training; and
(vii)Four hours of substance abuse training.
(d)The head of the law enforcement agency employing a noncertified conditional officer shall validate the completion of the training required under subdivision (6)(c) of this section to the council and the director of the training center.
(e)A noncertified conditional officer shall not interact with the public unless such officer is under the direct supervision of a field training officer approved by the law enforcement agency employing such noncertified conditional officer.
(f)A noncertified conditional officer shall not, without direct guidance and authorization from an approved field training officer:
(i)Ride in a marked police cruiser;
(ii)Make arrests;
(iii)Interview suspects, victims, or witnesses; or
(iv)Carry out any other law enforcement function.
(g)A noncertified conditional officer may be employed for a period not to exceed sixteen consecutive weeks. The council may extend such period as follows:
(i)Upon application by a noncertified conditional officer, the council may grant an extension not to exceed two consecutive weeks for good cause shown; and
(ii)The council shall grant an extension not to exceed sixteen consecutive weeks upon finding:
(A)That the noncertified conditional officer immediately applied for admission to the training center upon appointment under this subsection;
(B)That the training center denied the officer's enrollment in the next basic training class due to class size limitations or another reason that was not the fault of the officer;
(C)That the officer is enrolled in the next available basic training class; and
(D)That such extension would not be contrary to the requirements, limitations, or intent of this subsection.
(h)Failure to follow the requirements and restrictions of this subsection shall be considered a violation of the law and neglect of duty.
(i)The council may adopt and promulgate rules and regulations as necessary to carry out this subsection, including, but not limited to, rules and regulations permitting the virtual or online completion of required training and minimum standards and qualifications for field training officers. Prior to the expiration of ninety days after any such rules and regulations adopted become effective, any certified law enforcement officer with not less than three years of experience may serve as a field training officer.
Under the facts of this case, a certificate for satisfactory completion of a training program relative to this section is not a condition precedent to a police officer's execution of official duties as a law enforcement officer. State v. Harney, 237 Neb. 512, 466 N.W.2d 540 (1991).