Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 15.330(1)(c),
(f),
15.386(1),
15.404(1),
15.440(1)(d)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 15.330(1)(f)
and (h) authorize the Kentucky Law
Enforcement Council to approve law enforcement officers as having met the
requirements for completion of law enforcement training and to promulgate
administrative regulations to implement that requirement. This administrative
regulation establishes requirements for graduation from the Department of
Criminal Justice Training basic training course, which meets the requirements
for peace officer certification and participation in the Kentucky Law
Enforcement Foundation Program Fund, and for maintenance of basic training
records.
Section 1. Peace Officer
Basic Training Graduation Requirements. To graduate from the department's basic
training course, a recruit shall:
(1)
Successfully complete a minimum of 800 hours of training, based upon the
curriculum approved by the Kentucky Law Enforcement Council in accordance with
KRS
15.330 and
503 KAR
1:090;
(2)
Pass all assessments or examinations as outlined in the current KLEC-approved
curriculum; and
(3) Successfully
complete all other assignments, exercises, and projects included in the course.
After-hours assignments may be required, and shall be successfully completed to
pass the training segment for which they were assigned.
Section 2. Physical Training Requirements. A
recruit who is required to complete basic training to fulfill the peace officer
certification provisions established in
KRS
15.380 to
15.404
shall meet the physical training entry and graduation requirements established
in this section.
(1) Physical training entry
requirements.
(a) Within five (5) days from
the first date of the basic training course, the recruit shall be tested in all
physical training areas set forth in
503
KAR 1:140 Section 4(4)(a), as instructed and evaluated
by qualified department instructors; and the evaluation standards for those
tests shall meet or exceed the standards required for peace officer
precertification status under
KRS
15.386.
(b) Retest.
1. A recruit who fails to meet the lowest
performance level in a test event, thus earning a zero point value for that
event, shall be granted a retest opportunity in that event without having to
retest in the other events for which a point value was obtained, except that a
retest shall not be granted unless the maximum value of eleven (11) points
would allow the applicant to meet the required overall fifty (50) point
minimum.
2. A recruit who obtains a
point value for each event, but does not obtain an overall score of fifty (50),
shall be retested on the physical training entry test again, in its
entirety.
3. A retest shall not
occur any sooner than forty-eight (48) hours or any later than seventy-two (72)
hours from the date of the initial test attempt.
4. All failed events shall be retested on the
same date.
5. If the recruit passes
all previously failed events on the date of the retest, the recruit shall have
met the entry requirements.
6. If
the recruit does not pass all previously failed events on the date of the
retest, the recruit shall be unqualified to participate in the department's
basic training course for which he is currently enrolled, and may reapply to
participate in a future department basic training course. The recruit shall
receive no credit for the part of the basic training course which he has
completed.
(2) Physical training graduation
requirements.
(a) To graduate, the recruit
shall successfully complete the physical ability requirements in
503
KAR 1:140 Section 4(4)(b) within ten (10) days of
graduation from law enforcement basic training, which, except for the entry
test score requirements in subsection (1)(a) of this administrative regulation,
shall be administered in the same order and in conformity with the KLEC
Physical Fitness Testing Protocols, incorporated by reference in
503
KAR 1:140, as instructed and evaluated by qualified
department instructors.
(b) If a
recruit passes all events when participating in the physical training
graduation test, the recruit shall have met the physical training graduation
requirements.
(c) Retest. If a
recruit fails to pass all events when participating in the physical training
graduation test:
1. The recruit shall retest
in the failed events no earlier than forty-eight (48) hours after the date of
the graduation test, but not later than the last scheduled date of the basic
training course;
2. All failed
events shall be retested on the same date;
3. If the recruit passes all previously
failed events on the date of the retest, the recruit shall have met the
physical training graduation requirements; and
4. If the recruit does not pass all
previously failed events on the date of the retest, the recruit shall fail
basic training.
(3) A physical training midpoint assessment
shall be administered to the recruits at the midpoint of the basic training
course for purposes of reporting their progress to their respective law
enforcement agencies.
Section
3. Removal and Repetition of Basic Training.
(1) Failure of Training.
(a) A recruit that is removed from basic
training due to a training segment failure pursuant to Section 5 of this
administrative regulation shall:
1. Be removed
from the basic training class;
2.
Reenter basic training in a subsequent class that has the first available
vacancy;
3. Start the training at
the beginning of the training segment that the recruit did not successfully
complete; and
4. Pay all applicable
fees for the repeated basic training course in accordance with
503 KAR
3:030.
(b) Upon the recruit's return, the recruit
shall attend and participate at the beginning of the segment failed.
1. In accordance with
503 KAR 3:030,
Section 6(2), the recruit's hiring agency shall prepay to the department the
full tuition, room, and board costs of repeating the training segment which was
failed. The hiring agency may recover these costs of repeating the training
segment from its recruit; and
2. If
the training segment is successfully completed, the recruit shall continue with
the remainder of the basic training course.
(c) A recruit who is permitted to return to
basic training in accordance with this section and is removed due to failure a
second time shall:
1. Be required to repeat
basic training in its entirety; and
2. Pay all costs of repeating the entire
basic training course in accordance with
503 KAR
3:030.
(2) Failure of the physical training
graduation requirements. A recruit who fails the physical training graduation
requirement in Section 2(2) of this administrative regulation:
(a) Shall not graduate with the recruit's
basic training class;
(b) Shall be
permitted to retest with the next basic training class; and
(c) Upon successful completion, may graduate
with that class.
(3) A
recruit who is permitted to return to basic training in accordance with this
section and is removed due to failure a second time shall:
(a) Be required to repeat basic training in
its entirety; and
(b) Pay all costs
of repeating the entire basic training course in accordance with
503 KAR
3:030.
Section 4. Basic Training Curriculum.
(1) The basic training curriculum shall
consist of training segments and topics listed in the current KLEC-approved
curriculum. Each training segment shall include one (1) or more of the topics
listed in subsection (2) of this section. All topics listed in subsection (2)
of this section shall be covered to qualify for graduation.
(2) Basic Training Topics.
(a) Legal subjects;
(b) Physical training;
(c) Defensive tactics;
(d) Patrol;
(e) Vehicle operations;
(f) Firearms;
(g) Criminal investigation;
(h) D.U.I./Field sobriety testing;
(i) Breath testing; or
(j) Practical evaluation/testing.
Section 5. Practical
Test and Examinations.
(1) Scheduled practical
tests or examinations shall be administered to recruits at the completion of
each segment of basic training identified in the law enforcement basic training
curriculum that is currently approved by the Kentucky Law Enforcement Council.
Each segment shall include one (1) or more of the topics listed in Section 4 of
this administrative regulation.
(2)
A recruit shall be permitted one (1) re-test per practical test or examination
failed during basic training, but shall not exceed a total of two (2) re-tests
during basic training.
(3) A
recruit who fails a practical test or examination shall not be re-tested:
(a) Earlier than forty-eight (48) hours from
the original test or examination; or
(b) Later than:
1. Five (5) days after the original test or
examination. A recruit may submit a written request to the training director or
his designee for an additional five (5) days in which to re-take the practical
test or examination; and
2. The
last scheduled day of the basic training course.
(4) A recruit shall fail basic
training if the recruit fails:
(a) A practical
test or examination and fails to complete the re-take as authorized by this
section;
(b) A practical test or
examination re-take; or
(c) A
practical test or examination after taking two (2) re-takes in accordance with
subsection (2) of this section.
Section 6. Absence.
(1) A recruit may have excused absences from
the course with approval of the director of the certified school or his
designee.
(2) An excused absence
from the course which causes a recruit to miss any of the required hours of
basic training shall be made up through an additional training
assignment.
Section 7.
Circumstances Preventing Completion of Basic Training.
(1) If a recruit is prevented from completing
the basic training course due to extenuating circumstances beyond the control
of the recruit, including injury, illness, personal tragedy, or agency
emergency, he shall be permitted to complete the unfinished areas of the course
within 180 days immediately following the termination of the extenuating
circumstance, if the:
(a) Extenuating
circumstance preventing completion of basic training does not last for a period
longer than one (1) year; and
(b)
Failure to complete is not caused by a preexisting physical injury or
preexisting physiological condition.
(2) If a recruit is prevented from completing
the basic training course due to being called for active duty in the Kentucky
National Guard or other branches of the United States Armed Forces, the recruit
shall be permitted to complete the unfinished areas of the course within 180
days immediately following his or her return from active duty
service.
Section 8.
Termination of Employment while Enrolled. If, while enrolled in the basic
training course, a recruit's employment as a police officer is terminated by
dismissal, and the recruit is unable to complete the course, the recruit shall
complete the remaining training within one (1) year of reemployment as an
officer. The recruit shall repeat basic training in its entirety if:
(1) The break in employment exceeds one (1)
year; or
(2) The termination of
employment is a result, directly or indirectly, of disciplinary action taken by
the department against the recruit while enrolled in the basic training
course.
Section 9.
Maintenance of Records.
(1) At the conclusion
of each basic training course, the department shall forward a final roster
indicating the pass or fail status of each recruit to the council.
(2) All training records required for fund
purposes shall be retained by the department, but a copy of pertinent facts
shall be sent to the fund administrator upon written request.
(3) All training records shall be:
(a) Available to the council, the secretary,
and the fund administrator for inspection or other appropriate purposes;
and
(b) Maintained in accordance
with applicable provisions of KRS Chapter 171.
STATUTORY AUTHORITY:
KRS 15.330(1)(c),
(f), (h),
15.334(4),
15.440(1)(d)