Current through Register Vol. 42, No. 11, August 30, 2024
(1) The Commission may waiver the completion
of any course required by Rule
650-X-4-.01 of the regulations
upon presentation of documentary evidence by a department that a gainfully
employed (full-time or part-time) officer has received equivalent training in
another jurisdiction or through federal or department of defense law
enforcement experience.
(a) If a law
enforcement agency has a properly established and bona-fide law enforcement
reserve program, and if a duly appointed reserve officer is qualified and
commissioned with the power of arrest, then the Chief Law Enforcement Officer
may submit a letter of request to the Commission requesting the reserve officer
be considered for Waiver of Lateral Entry Equivalency training. Reserve law
enforcement officers who are approved for this training will be admitted to the
refresher training program on a space-available status only and may not occupy
a position in the class if participation prevents a gainfully employed law
enforcement officer from attending.
(b) Any reserve law enforcement officer who
attends this program must be covered by Workers Compensation
Insurance.
(2)
Definitions:
(a) Law Enforcement Officer: One
who is responsible for the prevention and detection of crime and the
enforcement of the criminal, traffic, or highway laws of the State of Alabama.
A full-time federal or military law enforcement officer who has powers of
arrest, authority to carry a firearm, and is classified by their agency in a
law enforcement position.
(b) Basic
Police Training Course: A basic course recognized by a state commission, state
board, or agency which leads to licensing or certification as a law enforcement
officer; or a basic course sponsored by the federal government for its law
enforcement officers; or a basic course conducted by the Department of Defense
for personnel classified as law enforcement personnel under their military
specialty codes, i.e., Military Occupation Code (MOS), Air Force Specialty Code
(AFSC).
(3) The
Commission will evaluate the documentation of equivalent training presented by
the department to determine if comparative compliance is achieved and whether
the applicant is eligible for a Waiver of Lateral Entry Equivalency
Training.
(4) If equivalency
training is approved, the applicant will qualify to attend the Law Enforcement
Officer Refresher/Lateral Entry training Course to equate previous training
with current standards.
(5)
Equivalency of training evaluation for an applicant Certified or licensed as a
law enforcement officer in another State.
(a)
An applicant who is certified as a law enforcement officer by the Peace
Officers Standards and Training Commission of another State, whose
Certification in that state is valid, in good standing, and meets all other
requirements for lateral entry equivalency training as outlined in these Rules,
is deemed eligible for Waiver of Lateral Entry Equivalency Training. Provided
however, that following his/her certification or licensing in said state, the
applicant was gainfully employed as a full-time law enforcement officer by a
law enforcement agency in said state. In addition, the applicant must have been
continuously employed for more than one (1) year following certification, and
the applicant must not have a break in service from full-time employment as a
law enforcement officer of more than two (2) years in said
state.
(6) Equivalency of
training evaluation for an applicant coming from service with a Federal law
enforcement agency or U.S. Military Police shall be conducted under the Points
System. For the purpose of determining equivalency of training under the points
system, the terms listed below shall have the following meaning and values:
(a) Experience: The number of years the
applicant has been employed full time as a law enforcement officer after
completing an entry-level basic police training course.
(b) Education: An earned academic degree
awarded by a post-secondary institution accredited by the Southern Association
of Colleges and Schools (SACS) or its equivalent.
(7) Equivalency of training is achieved under
the Points System evaluation when the applicant qualifies with ten (10) or more
points based on the following schedule:
Years of full-time Law Enforcement Experience:
|
Less than one (1)
|
0
|
One (1) to five (5) years
|
5
|
Five years, 1 day, to 10 years
|
6
|
Ten years, 1 day, to 15 years
|
7
|
Fifteen years, 1 day, to 20 years
|
8
|
Twenty years and one day or more
|
9
|
Basic Police Training
|
less than 280 hours
|
0
|
280 hours - 319 hours
|
1
|
320 hours - 479 hours
|
2
|
480 hours - 639 hours
|
3
|
640 hours - 800 hours
|
4
|
801 hours - 959 hours
|
5
|
960 hours or more
|
6
|
Education-accredited
Post-secondary
(Credit allowed for one Degree.
Correspondence courses not eligible)
|
Associate Degree |
1 |
Bachelor Degree |
2 |
Masters Degree or above
|
3
|
(a) Military
Police Applicant. Be a graduate of a formal Military Police "Law Enforcement"
Basic Police Training Course. Must have been performing duties in a law
enforcement function the last four (4) years prior to separation and must not
have a break in service in excess of two (2) years following military
separation.
(b) Federal Law
Enforcement Applicant. Be a graduate of a formal Federal Law Enforcement Basic
Police Training Course. Must have been performing duties in a law enforcement
function the last four (4) years prior to separation from Federal Service and
must not have a break in service in excess of two (2) years following Federal
Service separation.
(8)
The following applicants will not be considered for eligibility:
(a) Applicants who do not meet APOSTC
standards for certification.
(b)
Applicants who have been "Grandfathered" or "exempted" from training.
(c) Applicants whose certification has been
suspended or revoked.
(d)
Applicants who have a primary Security Police occupational
code.
(9)
Refresher/Lateral Entry Course. Those applicants who have received an
acceptable evaluation of their experience, education, and training are required
to attend the Commission Approved Refresher/Lateral Entry training course to be
conducted at an assigned regional academy. The course curriculum will be
developed and updated as needed by the curriculum committee and approved by the
Commission. No credit will be given for a partially completed training course.
Trainees shall not be absent more than 5% of the required training hours. The
following mandated subjects must be passed. Any trainee who fails to pass (a),
(b), (c), or (d) shall be required to attend the full basic Academy.
(a) Pass with an overall academic average of
not less than 70%.
(b) Pass the
legal issues exam with a score of not less than 70%.
(c) Pass the physical agility test.
(d) Pass the Commission approved Firearms
Manipulation Skills Test before live fire firearms training. Any trainee who
fails to pass the Firearms Manipulation Skills Test will be dismissed from the
academy class.
(e) Pass the
Commission approved Law Enforcement Emergency Vehicle Operation Training and
meet the minimum passing standards on one (1) of three (3) qualification
attempts on the cumulative driver skills course. This course is designed on a
pass/fail format.
1. Any trainee who fails to
meet the minimum passing standards of the cumulative driver skills course on
one (1) of the three (3) attempts, will be allowed, at the written request of
the employing Agency, to attend the next available academy to re-take the Law
Enforcement Emergency Vehicle Operations Training course (provided the trainee
passes all other phases of the academy session and does not exceed the
statutory six (6) month (180 days) provisional appointment time). If the
trainee fails to pass driver training at this point, the trainee is deemed to
have failed the Academy and is barred from employment and certification as a
law enforcement officer for two (2) years.
(f) Pass two (2) of three (3) attempts on the
firearms course. A minimum score of seventy is required to pass each attempt.
1. If a trainee does not pass ANY of the
three (3) qualification attempts then the trainee is deemed to have failed the
Academy and is barred from employment and certification as a law enforcement
officer for two (2) years.
2. Any
trainee who passes one (1) of the three (3) attempts, but fails to pass twice,
will be allowed, at the written request of the employing Agency, to attend the
next available academy to take the Commission approved firearms training and
qualification (provided the trainee passes all other phases of the academy
session and does not exceed the statutory six (6) month (180 days) provisional
appointment time). If the trainee fails to pass firearms training at this
point, the trainee is deemed to have failed the Academy and is barred from
employment and certification as a law enforcement officer for two (2)
years.
(g) Applicant must
present proof of CPR Training prior to admission to the
course.
(10) Procedures:
(a) All Commission procedures applicable to
the certification of newly employed non-certified officers must be followed
when applying for Lateral Entry.
(b) All Commission application forms
including, but not limited to, the electronic application and paper documents
are required. Certified true copies of the records of previous law enforcement
training, including the academy training curriculum used in providing the basic
law enforcement training to the applicant. Any other records or documents as
may be required by the Commission.
(c) The applicant will arrange for the
post-secondary schools, colleges, and universities to forward a certified true
copy of post-secondary degrees earned, to the Peace Officers Standards and
Training Commission.
Previous Rule .05 was renumbered .06 per certification
published August 31, 2022; effective October 15,
2022.
Author: R. Alan Benefield, Executive
Secretary
Statutory Authority:
Code of Ala.
1975, §§
36-21-40,
36-24-51.