CHAPTER 1. MANDATORY TRAINING FOR LAW ENFORCEMENT OFFICERS
IC 5-2
ARTICLE 2. LAW ENFORCEMENT
IC 5-2-1
Chapter 1. Mandatory Training for Law Enforcement Officers
IC 5-2-1-1
Establishment; purposes
Sec. 1. (a) In order to ensure the public safety and general welfare
of the people of the state of Indiana and to promote equity for all
segments of society, a program of mandatory training for law
enforcement officers is established.
(b) This chapter shall be interpreted to achieve said purposes
through the establishment of minimum standards in law enforcement
training.
(c) It is the intent of this chapter to encourage all law enforcement
officers, departments, and agencies within this state to adopt
standards which are higher than the minimum standards implemented
under this chapter and such minimum standards shall in no way be
deemed sufficient or adequate in those cases where higher standards
have been adopted or proposed.
(d) The chief executive officer of a law enforcement department
or agency in Indiana shall use all reasonable means to ensure that the
law enforcement officers within the department or agency comply
with this chapter. The chief executive officer shall submit to the
executive director of the board, not later than March 31 of each year,
a written report detailing the basic and inservice training status of
each law enforcement officer on the payroll of the department or
agency. The report must also include similarly detailed information
pertaining to the training status of each police reserve officer.
(Formerly: Acts 1967, c.209, s.1.) As amended by P.L.16-1984,
SEC.2; P.L.30-1992, SEC.1; P.L.52-2005, SEC.1.
IC 5-2-1-2
Definitions
Sec. 2. For the purposes of this chapter, and unless the context
clearly denotes otherwise, the following definitions apply throughout
this chapter:
(1) "Law enforcement officer" means an appointed officer or
employee hired by and on the payroll of the state, any of the
state's political subdivisions, or a public or private
postsecondary educational institution whose board of trustees
has established a police department under IC 21-17-5-2 or
IC 21-39-4-2 who is granted lawful authority to enforce all or
some of the penal laws of the state of Indiana and who
possesses, with respect to those laws, the power to effect arrests
for offenses committed in the officer's or employee's presence.
However, the following are expressly excluded from the term
"law enforcement officer" for the purposes of this chapter:
(A) A constable.
(B) A special officer whose powers and duties are described
in IC 36-8-3-7 or a special deputy whose powers and duties
are described in IC 36-8-10-10.6.
(C) A county police reserve officer who receives
compensation for lake patrol duties under IC 36-8-3-20(f)(4).
(D) A conservation reserve officer who receives
compensation for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powers
and duties are described in IC 4-32.2-9.
(F) A correctional police officer described in IC 11-8-9.
(2) "Board" means the law enforcement training board created
by this chapter.
(3) "Advisory council" means the law enforcement advisory
council created by this chapter.
(4) "Executive training program" means the police chief
executive training program developed by the board under
section 9 of this chapter.
(5) "Law enforcement training council" means one (1) of the
confederations of law enforcement agencies recognized by the
board and organized for the sole purpose of sharing training,
instructors, and related resources.
(6) "Training regarding the lawful use of force" includes
classroom and skills training in the proper application of hand
to hand defensive tactics, use of firearms, and other methods of:
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of the
public or a law enforcement officer.
(7) "Hiring or appointing authority" means:
(A) the chief executive officer, board, or other entity of a
police department or agency with authority to appoint and
hire law enforcement officers; or
(B) the governor, mayor, board, or other entity with the
authority to appoint a chief executive officer of a police
department or agency.
(Formerly: Acts 1967, c.209, s.2.) As amended by P.L.25-1986,
SEC.2; P.L.57-1995, SEC.1; P.L.2-1997, SEC.15; P.L.52-2005,
SEC.2; P.L.91-2006, SEC.7; P.L.2-2007, SEC.71; P.L.77-2009,
SEC.1.
IC 5-2-1-3
Law enforcement training board created; membership; advisory
council
Sec. 3. (a) There is created, as a criminal justice agency of the
state, a law enforcement training board to carry out the provisions of
this chapter. The board members are to be selected as provided by
this chapter. The board is composed of the following members:
(1) The superintendent of the Indiana state police department,
who shall serve as chairperson of the board.
(2) The deputy director of the division of preparedness and
training of the department of homeland security. The deputy
director shall serve as the vice chair of the board.
(3) The chief of police of a consolidated city.
(4) One (1) county sheriff from a county with a population of at
least one hundred thousand (100,000).
(5) One (1) county sheriff from a county of at least fifty
thousand (50,000) but less than one hundred thousand
(100,000) population.
(6) One (1) county sheriff from a county of under fifty thousand
(50,000) population.
(7) One (1) chief of police from a city of at least thirty-five
thousand (35,000) population, who is not the chief of police of
a consolidated city.
(8) One (1) chief of police from a city of at least ten thousand
(10,000) but under thirty-five thousand (35,000) population.
(9) One (1) chief of police, police officer, or town marshal from
a city or town of under ten thousand (10,000) population.
(10) One (1) prosecuting attorney.
(11) One (1) judge of a circuit or superior court exercising
criminal jurisdiction.
(12) One (1) member representing professional journalism.
(13) One (1) member representing the medical profession.
(14) One (1) member representing education.
(15) One (1) member representing business and industry.
(16) One (1) member representing labor.
(17) One (1) member representing Indiana elected officials of
counties, cities, and towns.
(b) The following members constitute an advisory council to
assist the members of the board in an advisory, nonvoting capacity:
(1) The special agent in charge of the Federal Bureau of
Investigation field office covering the state of Indiana, subject
to the agent's approval to serve in such capacity.
(2) The attorney general of Indiana.
(3) One (1) member representing forensic science, to be
appointed by the governor.
(4) One (1) member representing theology, to be appointed by
the governor.
(5) The director of the law enforcement division of the
department of natural resources.
(Formerly: Acts 1967, c.209, s.3; Acts 1971, P.L.42, SEC.1.) As
amended by Acts 1981, P.L.44, SEC.2; P.L.44-1985, SEC.1;
P.L.47-1987, SEC.1; P.L.52-2005, SEC.3; P.L.22-2005, SEC.1.
IC 5-2-1-4
Appointments; terms; vacancies; removal
Sec. 4. (a) All members of the board shall be appointed to the
board by the governor. The appointments shall be made on a
bipartisan basis so that not more than one-half (1/2) of the members
of the board shall at any time be members of either of the two (2)
major political parties. All appointments shall be for terms of four
(4) years or while maintaining the position held at the time of
appointment to the board, whichever is the lesser period. Appointees
to the board shall serve as members of the board only while holding
the office or position held at the time of appointment to the board in
order that the representative nature of the board outlined in section
3 of this chapter may be maintained. However, each member of the
board shall serve until the member's successor has been appointed
and qualified, unless the member's services are terminated earlier for
sufficient reason. Vacancies on the board caused by expiration of a
term, termination of the office or position held at time of
appointment, or for any other reason shall be filled in the same
manner as original appointments. A member appointed to fill a
vacancy created other than by expiration of a term shall be appointed
for the unexpired term of the member succeeded in the same manner
as an original appointment. Members of the board may be
reappointed for additional terms. All members of the board shall
serve, unless their services are terminated earlier for sufficient
reason, until their successors have been appointed and qualified.
Members of the board may be removed by the governor for
inefficiency, incompetence, neglect of duty, or other good cause after
having been accorded a hearing by the governor upon reasonable
notice of the charge being made against them.
(b) Members of the advisory council who serve by virtue of their
office or position shall serve as members of the advisory council only
during the term of their office or position as the case may be. The
governor is authorized and empowered to appoint members to the
advisory council in addition to those enumerated in section 3(b) of
this chapter. All members appointed to the advisory council by the
governor shall serve only during the pleasure of the governor.
Advisory council appointments need not be made on a bipartisan
basis.
(Formerly: Acts 1967, c.209, s.4.) As amended by P.L.25-1986,
SEC.3; P.L.52-2005, SEC.4.
IC 5-2-1-5
Membership on board not to constitute public office
Sec. 5. Membership on the law enforcement training board or the
advisory council shall not constitute holding a public office and
members of the board and advisory council shall not be required to
take and file oaths of office before serving in such capacities. The
board and the advisory council shall exercise only the powers
granted by this chapter. No member of the board or of the advisory
council shall be disqualified from holding any public office or
position by reason of his appointment or membership on the board
or advisory council, nor shall any such person forfeit any office,
position, or employment by reason of an appointment pursuant to this
chapter, notwithstanding the provisions of any statute, ordinance, or
city charter.
(Formerly: Acts 1967, c.209, s.5.) As amended by P.L.25-1986,
SEC.4.
IC 5-2-1-6
Meetings
Sec. 6. The board and advisory council shall meet at least four (4)
times in each year and shall hold special meetings when called by the
chairperson. The presence of nine (9) members of the board
constitutes a quorum for doing business. At least nine (9) affirmative
votes are required for the passage of any matter put to a vote of the
board. Advisory council members are entitled to participate in the
business and deliberation of the board, but only board members are
entitled to vote. The board shall establish its own procedure and
requirements with respect to place and conduct of its meetings.
(Formerly: Acts 1967, c.209, s.6.) As amended by P.L.52-2005,
SEC.5; P.L.110-2009, SEC.1.
IC 5-2-1-7
Repealed
(Repealed by Acts 1978, P.L.6, SEC.36.)
IC 5-2-1-8
Compensation
Sec. 8. The members of the board and the advisory council shall
serve without compensation except that a salary per diem and actual
expenses incurred, in accordance with travel policies and procedures
established by the department of administration and the state budget
agency, shall be allowed to each member for attendance at regular or
special meetings or otherwise engaging in official business of the
board.
(Formerly: Acts 1967, c.209, s.8.) As amended by Acts 1976, P.L.9,
SEC.1.
IC 5-2-1-9
Rules; basic training; pre-basic training; inservice training; town
marshal and executive training programs; fire investigators;
handgun safety; refresher course; gaming agents; securities
enforcement
Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all
necessary rules to carry out the provisions of this chapter. The rules,
which shall be adopted only after necessary and proper investigation
and inquiry by the board, shall include the establishment of the
following:
(1) Minimum standards of physical, educational, mental, and
moral fitness which shall govern the acceptance of any person
for training by any law enforcement training school or academy
meeting or exceeding the minimum standards established
pursuant to this chapter.
(2) Minimum standards for law enforcement training schools
administered by towns, cities, counties, law enforcement
training centers, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve
officer, and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural
diversity awareness that must be required for each person
accepted for training at a law enforcement training school or
academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law
enforcement officers appointed to probationary terms shall
complete before being eligible for continued or permanent
employment.
(7) Minimum basic training requirements which law
enforcement officers appointed on other than a permanent basis
shall complete in order to be eligible for continued employment
or permanent appointment.
(8) Minimum basic training requirements which law
enforcement officers appointed on a permanent basis shall
complete in order to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting
with:
(A) persons with autism, mental illness, addictive disorders,
mental retardation, and developmental disabilities; and
(B) missing endangered adults (as defined in
IC 12-7-2-131.3);
to be provided by persons approved by the secretary of family
and social services and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person
accepted for training at a law enforcement training school or
academy and for inservice training programs for law
enforcement officers. The course must cover the following
topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration
of Law Enforcement Officer for Victim of Trafficking in
Persons (Form I-914, Supplement B) requirements
established under federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(b) A law enforcement officer appointed after July 5, 1972, and
before July 1, 1993, may not enforce the laws or ordinances of the
state or any political subdivision unless the officer has, within one
(1) year from the date of appointment, successfully completed the
minimum basic training requirements established under this chapter
by the board. If a person fails to successfully complete the basic
training requirements within one (1) year from the date of
employment, the officer may not perform any of the duties of a law
enforcement officer involving control or direction of members of the
public or exercising the power of arrest until the officer has
successfully completed the training requirements. This subsection
does not apply to any law enforcement officer appointed before July
6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the
purposes of this chapter.
(d) Except as provided in subsections (e), (l), (r), and (s), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by
the Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of
the state under IC 23-19-6-1(i).
Before a law enforcement officer appointed after June 30, 1993,
completes the basic training requirements, the law enforcement
officer may exercise the police powers described in subsection (d) if
the officer successfully completes the pre-basic course established in
subsection (f). Successful completion of the pre-basic course
authorizes a law enforcement officer to exercise the police powers
described in subsection (d) for one (1) year after the date the law
enforcement officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, interacting with individuals with autism, and the operation of
an emergency vehicle. The pre-basic course must be offered on a
periodic basis throughout the year at regional sites statewide. The
pre-basic course must consist of at least forty (40) hours of course
work. The board may prepare the classroom part of the pre-basic
course using available technology in conjunction with live
instruction. The board shall provide the course material, the
instructors, and the facilities at the regional sites throughout the state
that are used for the pre-basic course. In addition, the board may
certify pre-basic courses that may be conducted by other public or
private training entities, including postsecondary educational
institutions.
(g) The board shall adopt rules under IC 4-22-2 to establish a
mandatory inservice training program for police officers. After June
30, 1993, a law enforcement officer who has satisfactorily completed
basic training and has been appointed to a law enforcement
department or agency on either a full-time or part-time basis is not
eligible for continued employment unless the officer satisfactorily
completes the mandatory inservice training requirements established
by rules adopted by the board. Inservice training must include
training in interacting with persons with mental illness, addictive
disorders, mental retardation, autism, and developmental disabilities,
to be provided by persons approved by the secretary of family and
social services and the board, and training concerning human and
sexual trafficking. The board may approve courses offered by other
public or private training entities, including postsecondary
educational institutions, as necessary in order to ensure the
availability of an adequate number of inservice training programs.
The board may waive an officer's inservice training requirements if
the board determines that the officer's reason for lacking the required
amount of inservice training hours is due to either of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and
class attendance and fewer courses of study than are required
for the mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill
requirements of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only
in towns employing the town marshal system (IC 36-5-7) and
having not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to
an officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(6) The program must require training in interacting with
individuals with autism.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive
training program within two (2) months of the date the police chief
initially takes office. A police chief must successfully complete the
executive training program within six (6) months of the date the
police chief initially takes office. However, if space in the executive
training program is not available at a time that will allow completion
of the executive training program within six (6) months of the date
the police chief initially takes office, the police chief must
successfully complete the next available executive training program
that is offered after the police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police
department; and
(3) the chief of a consolidated law enforcement department
established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these
purposes, but a town marshal may enroll in the executive training
program.
(l) A fire investigator in the division of fire and building safety
appointed after December 31, 1993, is required to comply with the
basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a
program to certify handgun safety courses, including courses offered
in the private sector, that meet standards approved by the board for
training probation officers in handgun safety as required by
IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or
agency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least two (2) years and less than six (6) years before the officer
is hired under subdivision (1) due to the officer's resignation or
retirement; and
(3) completed at any time a basic training course certified by
the board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or
agency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least six (6) years and less than ten (10) years before the officer
is hired under subdivision (1) due to the officer's resignation or
retirement;
(3) is hired under subdivision (1) in an upper level
policymaking position; and
(4) completed at any time a basic training course certified by
the board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceed
one hundred twenty (120) hours of course work. All credit hours
received for successfully completing the police chief executive
training program under subsection (i) shall be applied toward the
refresher course credit hour requirements.
(p) Subject to subsection (q), an officer to whom subsection (n)
or (o) applies must successfully complete the refresher course
described in subsection (n) or (o) not later than six (6) months after
the officer's date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a law
enforcement officer for less than twenty-five (25) years before being
hired under subsection (n)(1) or (o)(1) is not eligible to attend the
refresher course described in subsection (n) or (o) and must repeat
the full basic training course to regain law enforcement powers.
However, a law enforcement officer who has worked as a law
enforcement officer for at least twenty-five (25) years before being
hired under subsection (n)(1) or (o)(1) and who otherwise satisfies
the requirements of subsection (n) or (o) is not required to repeat the
full basic training course to regain law enforcement power but shall
attend the refresher course described in subsection (n) or (o) and the
pre-basic training course established under subsection (f).
(r) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A
gaming agent appointed after June 30, 2005, may exercise the police
powers described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(s) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the
police powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes
the pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes
any other training courses established by the securities
commissioner in conjunction with the board.
(t) As used in this section, "upper level policymaking position"
refers to the following:
(1) If the authorized size of the department or town marshal
system is not more than ten (10) members, the term refers to the
position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal
system is more than ten (10) members but less than fifty-one
(51) members, the term refers to:
(A) the position held by the police chief or town marshal;
and
(B) each position held by the members of the police
department or town marshal system in the next rank and pay
grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal
system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal;
and
(B) each position held by the members of the police
department or town marshal system in the next two (2) ranks
and pay grades immediately below the police chief or town
marshal.
(u) This subsection applies only to a correctional police officer
employed by the department of correction. A correctional police
officer may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course
described in subsection (f); and
(2) the officer successfully completes any other training courses
established by the department of correction in conjunction with
the board.
(Formerly: Acts 1967, c.209, s.9.) As amended by Acts 1982, P.L.31,
SEC.1; P.L.48-1987, SEC.1; P.L.30-1992, SEC.2; P.L.58-1995,
SEC.1; P.L.57-1995, SEC.2; P.L.2-1997, SEC.16; P.L.78-1998,
SEC.1; P.L.25-2000, SEC.1; P.L.45-2001, SEC.1; P.L.62-2004,
SEC.1; P.L.85-2004, SEC.40; P.L.2-2005, SEC.12; P.L.170-2005,
SEC.8; P.L.227-2005, SEC.2; P.L.52-2005, SEC.6; P.L.1-2006,
SEC.88; P.L.173-2006, SEC.44; P.L.2-2007, SEC.72; P.L.230-2007,
SEC.4; P.L.128-2008, SEC.1; P.L.1-2009, SEC.14; P.L.43-2009,
SEC.1; P.L.77-2009, SEC.2; P.L.93-2009, SEC.1; P.L.1-2010,
SEC.11.
IC 5-2-1-10
Authority to enter into agreements
Sec. 10. The board shall have the authority to enter into
agreements with other agencies, colleges, and universities to carry
out the intent of this chapter.
(Formerly: Acts 1967, c.209, s.10.) As amended by P.L.25-1986,
SEC.5.
IC 5-2-1-10.5
Southwest Indiana law enforcement training academy
Sec. 10.5. (a) The board may adopt rules under IC 4-22-2 to
establish a southwest Indiana law enforcement training academy.
(b) If the board adopts rules under subsection (a) to establish a
southwest Indiana law enforcement training academy, the board shall
in accordance with IC 4-22-2 adopt rules establishing minimum
standards for the southwest Indiana law enforcement training
academy.
(c) The southwest Indiana law enforcement training academy may
provide:
(1) basic training to a law enforcement officer who is not
accepted by the law enforcement academy for the next basic
training course because the academy does not have a space for
the officer in the next basic training course;
(2) pre-basic courses described in section 9(f) of this chapter;
(3) inservice training described in section 9(g) of this chapter;
and
(4) other law enforcement training approved by the board;
if the training academy meets or exceeds the minimum standards
established under subsection (b) by the board.
(d) The southwest Indiana law enforcement training academy
established under this section may receive funding only from the
following:
(1) A local unit of government (as defined in IC 14-22-31.5-1).
(2) A unit of a fraternal order or a similar association.
(3) Charitable contributions.
(4) Federal grants.
As added by P.L.62-2004, SEC.2. Amended by P.L.2-2005, SEC.13.
IC 5-2-1-11
Powers; establishing training programs
Sec. 11. (a) The board is further authorized and empowered, in
accordance with the rule making power granted in section 9 of this
chapter, to adopt all necessary rules to:
(1) establish inservice and advanced training programs, and
minimum courses of study and attendance requirements for
such programs, to ensure that all appointed and elected law
enforcement officers may be offered training in current
enforcement and related subjects;
(2) establish training programs for railroad police, prison and
industrial guards, postsecondary educational institution safety
and security personnel, whether public or private, and such
other enforcement related groups as the board may deem
necessary, on a voluntary enrollment basis;
(3) establish policies and procedures governing the use of state
owned law enforcement training facilities constructed or
established pursuant to this chapter; and
(4) give public notice of any other policies, procedures,
functions, or requirements which the board may deem necessary
and appropriate to carry out the provisions of this chapter.
(b) The board is further authorized and empowered to:
(1) recommend or conduct studies, make surveys, and require
such reports to be made by the chief administrative officer of
any law enforcement agency or department of the state or any
of its political subdivisions as may be necessary to carry out the
objectives and purposes of this chapter;
(2) originate, compile, and disseminate lecture outlines and
other training material, and design and furnish forms and
certificates necessary to carry out and certify compliance with
the training program authorized or required by this chapter; and
(3) perform such other acts as may be necessary and appropriate
to carry out the duties, responsibilities, and functions of the
board as set forth in this chapter.
(Formerly: Acts 1967, c.209, s.11; Acts 1973, P.L.29, SEC.1.) As
amended by P.L.25-1986, SEC.6; P.L.52-2005, SEC.7; P.L.2-2007,
SEC.73.
IC 5-2-1-12
Further powers
Sec. 12. The board or any of its designated representatives are
further authorized and empowered to:
(1) visit and inspect any law enforcement training school of the
state or any of its political subdivisions for the purpose of
determining whether or not the minimum standards established
pursuant to this chapter are being complied with and to issue or
revoke certificates indicating such compliance;
(2) issue and revoke certificates for instructors qualified or
unqualified to participate in law enforcement training under the
provisions of this chapter;
(3) issue, authorize, or revoke the issuance of:
(A) diplomas;
(B) certificates;
(C) badges; and
(D) other documents showing compliance and qualification;
to law enforcement officers or other persons trained under the
provisions of this chapter;
(4) consult with and cooperate with any law enforcement
agency of the state or any of its political subdivisions for the
development of inservice and advanced training programs for
the fulfillment of specific needs in law enforcement;
(5) consult with and cooperate with universities, colleges, and
institutes for the development of specialized courses of study in
police science and administration;
(6) consult with and cooperate with other departments and
agencies concerned with law enforcement training; and
(7) perform such other acts as may be necessary or appropriate
to carry out the provisions of this chapter.
(Formerly: Acts 1967, c.209, s.12.) As amended by P.L.25-1986,
SEC.7; P.L.52-2005, SEC.8.
IC 5-2-1-12.5
Revocation of diploma, certificate, or badge; immunity for report
of cause for revocation; investigation of cause for revocation;
hearing on cause for revocation; application for reinstatement
Sec. 12.5. (a) The board may revoke a diploma, certificate, badge,
or other document showing compliance and qualification issued by
the board for any of the following reasons:
(1) The officer has been convicted of:
(A) a felony; or
(B) two (2) or more misdemeanors that would cause a
reasonable person to believe that the officer is potentially
dangerous or violent or has a propensity to violate the law.
(2) The officer has been found not guilty of a felony by reason
of mental disease or defect.
(3) The officer's diploma, certificate, badge, or other document
showing compliance and qualification was issued in error or
was issued on the basis of information later determined to be
false.
(b) A person who knows of cause for the revocation of an officer's
diploma, certificate, badge, or other document showing compliance
and qualification shall inform the officer's hiring or appointing
authority or the board. A person who makes a good faith report of
cause for revocation of an officer's diploma, certificate, badge, or
other document showing compliance and qualification is immune
from civil liability.
(c) If the chief executive officer receives a report of cause for
revocation concerning an officer within the chief executive officer's
agency, the chief executive officer shall:
(1) cause the internal affairs division (or a similar unit) of the
agency to investigate the report without unnecessary delay; or
(2) request that the investigation be conducted by a law
enforcement agency other than the law enforcement agency to
which the subject of the investigation belongs.
(d) If a hiring or appointing authority receives a report of cause
for revocation concerning the chief executive officer, the hiring or
appointing authority shall cause an appropriate investigative agency
to investigate without unnecessary delay.
(e) If the board receives a report or otherwise learns of cause for
revocation concerning a law enforcement officer or chief executive
officer, the board shall consider the report and direct the executive
director to notify the subject officer's hiring or appointing authority
about the report and request an investigation. The hiring or
appointing authority shall cause an investigation to be conducted by
an appropriate investigative agency without unnecessary delay.
(f) When a hiring or appointing authority completes an
investigation of cause for revocation, the hiring or appointing
authority shall forward a complete report of its investigation,
findings, and recommendations, if any, to the board. The hiring or
appointing authority shall also forward to the board a description of
any administrative or disciplinary action taken as a result of the
investigation not later than sixty (60) days after the hiring or
appointing authority takes administrative or disciplinary action.
(g) Except as provided in subsection (h), if the board receives the
results of an investigation described in subsection (f), the board shall
conduct a hearing on the report, considering the report, the
recommendations, and any additional information. The board shall
provide the officer who is the subject of the report with notice and an
opportunity to be heard. The board may appoint the executive
director or another qualified person to present the report and the
results of the investigation to the board. In determining whether to
revoke the subject officer's diploma, certificate, badge, or other
document showing compliance and qualification, the board shall
consider the opinion and testimony of the hiring or appointing
authority. If the board determines that cause for revocation exists, the
board may revoke the subject officer's diploma, certificate, badge, or
other document showing compliance and qualification. The board
shall send notice of revocation by certified mail to the subject
officer's hiring or appointing authority. The subject officer may
pursue judicial review of the board's action under IC 4-21.5-5-13.
(h) When the board receives the results of an investigation
described in subsection (f), the board may, instead of conducting a
hearing under subsection (g), direct the executive director or another
qualified person to serve as an administrative law judge to conduct
the hearing described in subsection (g). If the administrative law
judge determines that cause for revocation exists, the administrative
law judge shall revoke the subject officer's diploma, certificate,
badge, or other document showing compliance and qualification and
notify the subject officer by certified mail of the decision, with
notice of the subject officer's right to appeal to the board not later
than fifteen (15) days after receipt of the notice. An appeal to the
board must be in writing and may be decided by the board without a
hearing. The board shall notify the subject officer of the board's
appellate decision under this subsection by certified mail. The
subject officer may pursue judicial review of the board's action under
IC 4-21.5-5-13.
(i) An officer whose diploma, certificate, badge, or other
document showing compliance and qualification has been revoked
may apply to the board for reinstatement. The application for
reinstatement:
(1) must be in writing; and
(2) must show:
(A) that the cause for revocation no longer exists legally; or
(B) that reinstatement is otherwise appropriate and that the
applicant poses no danger to the public and can perform as
a law enforcement officer according to the board's standards.
The board may direct the executive director to investigate the
application for reinstatement and make a report to the board. The
board shall consider the application and notify the applicant by
certified mail of the board's decision.
As added by P.L.52-2005, SEC.9.
IC 5-2-1-13
Law enforcement academy building fund; law enforcement
training fund; creation; deposits; disposition
Sec. 13. (a) There is created a continuing fund which shall be
known as the law enforcement academy building fund. The fund
consists of amounts deposited under IC 33-37-7-9. This fund may be
used by the board to acquire for the state of Indiana land and
interests in and to land, and to construct upon such land a fully
equipped law enforcement academy to consist of classrooms,
housing facilities, a cafeteria, firearms ranges, a driving course, and
other physical facilities which are deemed necessary in the discretion
of the board for the basic, inservice, and advanced training of law
enforcement officers in the skills and techniques of law enforcement.
Any balance of the fund that is unexpended at the end of any fiscal
year shall not revert to the general fund but shall be carried forward
as an appropriation for the next fiscal year. Expenditures may be
made by the board for, among other things, all expenses required for
land acquisition and transfer, including but not limited to personal
services, appraisers fees, and the cost of acquiring any interest in
land and the construction and maintenance of improvements thereon.
The budget agency may, with the approval of the board and the
governor, make allocations and transfers of funds appropriated by the
general assembly to state agencies having jurisdiction and control
over land acquired by the board for the purposes stated herein, except
that such allocations and transfers shall not be made in the
acquisition of land which has been declared surplus land of the state
pursuant to statute. The board is hereby further authorized to acquire
said land and law enforcement academy buildings by gift, donation,
bequest, devise, exchange, purchase, or eminent domain, or other
means. However, any money or proceeds from gifts, bequests, grants,
or other donations shall be deposited in a special donation fund
which is hereby established for the purposes outlined in this section,
for the use of the board to accomplish said purposes. No part of said
special donation fund shall revert to the general fund of the state
unless specified by the donor as a condition to his gift. All land and
academy buildings, however acquired, shall become the property of
the state.
(b) There is created a continuing fund which shall be known as
the law enforcement training fund. The fund consists of amounts
deposited under IC 33-37-7-9. The board is further authorized to
accept gifts and grants of money, services, or property to supplement
the law enforcement training fund and to use the same for any
purpose consistent with the authorized uses of said fund. This fund
may be used by the board for the following purposes:
(1) Building and grounds maintenance for the law enforcement
academy.
(2) Training equipment and supplies necessary to operate the
law enforcement academy.
(3) Aid to approved law enforcement training schools certified
as having met or exceeded the minimum standards established
by the board.
(4) Personal services, as authorized by the board with the
approval of the governor.
(5) Any other purpose necessary to carry out the provisions of
this chapter, as determined by the board.
(Formerly: Acts 1967, c.209, s.13; Acts 1973, P.L.30, SEC.1.) As
amended by Acts 1976, P.L.9, SEC.2; Acts 1982, P.L.32, SEC.1;
P.L.31-1986, SEC.1; P.L.32-1986, SEC.1; P.L.305-1987, SEC.4;
P.L.30-1992, SEC.3; P.L.98-2004, SEC.48.
IC 5-2-1-14
Executive director
Sec. 14. There is hereby created the position of executive director
of the law enforcement training board. The executive director shall
be selected by the board and the executive director's tenure of office
shall be protected by a four (4) year, renewable contract of
employment which may be terminated earlier by the board only for
inefficiency, incompetence, neglect of duty, or other good cause after
having been accorded a hearing by the board upon reasonable notice
of the charge being made against the executive director. A vote of at
least eleven (11) members of the board shall be necessary for the
early termination of said contract of employment. The executive
director shall be selected on the basis of education, training, and
experience and shall have at least ten (10) years experience as an
active law enforcement officer, at least five (5) years of which shall
have been in an executive or administrative capacity. The executive
director shall perform such duties as may be assigned by the board
and shall be the chief administrative officer of the law enforcement
academy. The salary and compensation for the executive director, the
training staff, and employees shall be fixed by the board with the
approval of the governor. The executive director shall establish a
table of organization to be supplemented with job descriptions for
each position subordinate to that of the executive director, all of
which shall be subject to the approval of the board. All persons hired
to fill such approved vacancies shall be selected on the basis of
qualifications and merit based on training, education, and experience
through competitive examinations except that the filling of all new
positions shall be made so as to maintain in each equivalent position
not more than one-half (1/2) of members of either of the two (2)
major political parties. Employees and members of the training staff
shall not be subject to discharge, demotion, or suspension because of
political affiliation, but may be discharged, demoted, or suspended
only for cause after charges preferred in writing by the executive
director. Any person so discharged or disciplined shall have a right
to a hearing before the board if such person requests a hearing by
giving notice to the executive director within fifteen (15) days after
receiving written notice of discharge or disciplinary action.
Procedures shall be consistent with IC 4-21.5.
(Formerly: Acts 1967, c.209, s.14; Acts 1973, P.L.30, SEC.2.) As
amended by P.L.5-1988, SEC.29; P.L.52-2005, SEC.10; P.L.1-2006,
SEC.89.
IC 5-2-1-15
Facilities of law enforcement academy; availability; cost schedule
Sec. 15. (a) The facilities of the law enforcement academy shall
be available to any law enforcement agency of the state, or any of its
political subdivisions, subject to the rules of the board.
(b) Any law enforcement agency of the state, any of its political
subdivisions, or any board certified training center may conduct
training:
(1) for the law enforcement agency of any political subdivision
in Indiana; and
(2) in facilities other than those of the law enforcement
academy;
if the minimum standards established by the board are met or
exceeded.
(c) A law enforcement agency or a board certified training center
conducting approved local training under subsection (b) shall be
entitled to a per capita allowance from the law enforcement training
fund to defray such portions of the cost of basic training as shall be
approved by the board. Such per capita allowance shall be earmarked
and expended only for law enforcement training.
(d) The facilities of the law enforcement academy shall be
available for the training of railroad police, prison and industrial
plant guards, postsecondary educational institution safety and
security personnel, whether public or private, and such other
enforcement related groups as shall be approved by the board, upon
terms and conditions established by the board. Railroad police and
nongovernmental enforcement related groups qualifying to use the
facilities of the academy under the rules of the board shall be
required to reimburse the law enforcement training fund for the cost
of such training.
(e) The facilities of the law enforcement academy may be used for
the training of firefighting personnel where the subject matter of the
training relates to duties which involve law enforcement related
conduct. Such training shall be conducted upon terms and conditions
established by the board. However, no volunteer firefighter is
required to attend training at the academy.
(f) The cost of the mandatory basic training conducted by the
board at the facilities of the law enforcement academy shall be paid
out of the law enforcement training fund, if the trainees have been
previously appointed and are on the payroll of a law enforcement
department or agency. All other training programs authorized by this
chapter and conducted at the law enforcement training academy,
including the mandatory basic training course when attended by
trainees who have been investigated and approved but not yet hired
by a law enforcement agency, are subject to fee schedules and
charges for tuition, lodging, meals, instructors, training materials,
and any other items or services established by the board.
(Formerly: Acts 1967, c.209, s.15; Acts 1973, P.L.29, SEC.2.) As
amended by Acts 1982, P.L.31, SEC.2; P.L.8-1984, SEC.6;
P.L.30-1992, SEC.4; P.L.44-1993, SEC.1; P.L.78-1998, SEC.2;
P.L.52-2005, SEC.11; P.L.2-2007, SEC.74.
IC 5-2-1-15.1
Medicaid fraud control unit investigator training
Sec. 15.1. (a) The facilities of the law enforcement academy may
be used for the training of investigators of the Medicaid fraud control
unit. The training shall be conducted upon the terms and conditions
established by the board.
(b) An investigator of the Medicaid fraud control unit employed
as an investigator after June 30, 1994, may not enforce Medicaid
fraud statutes, rules, or regulations unless the investigator has, within
one (1) year of the date of employment as an investigator,
successfully completed the minimum basic training requirements
established under this chapter.
As added by P.L.10-1994, SEC.2.
IC 5-2-1-15.2
Board certified training center
Sec. 15.2. A board certified training center may provide basic
training to a law enforcement officer who is:
(1) employed by a law enforcement agency that is a member
agency of the law enforcement training center; and
(2) not accepted by the law enforcement academy for the next
basic training course because the academy does not have a
space for the officer in the next basic training course.
As added by P.L.78-1998, SEC.3. Amended by P.L.27-2000, SEC.1;
P.L.52-2005, SEC.12.
IC 5-2-1-16
Powers and duties of board as criminal justice agency
Sec. 16. As a designated criminal justice agency, the board:
(1) has all the duties and privileges of a police agency;
(2) may appoint, through its executive director, police officers
for the Indiana law enforcement academy;
(3) shall establish all rules, policies, and procedures concerning
the internal organization, duties, and responsibilities of the
police agency, to include:
(A) prescribing a distinctive uniform;
(B) designating and operating emergency vehicles; and
(4) may undertake investigations according to the purposes of
this chapter.
As added by P.L.44-1985, SEC.2.
IC 5-2-1-17
Police officers; enforcement powers; duties; oath; training
Sec. 17. (a) Police officers appointed under this chapter have all
necessary law enforcement powers, including:
(1) the power to arrest, without process, all persons who within
the police officer's view commit any felony or misdemeanor;
(2) all common law and statutory powers, privileges, and
immunities of sheriffs, except those specifically forbidden by
the board; and
(3) the power to serve civil process to the extent authorized by
the board.
(b) Police officers appointed under this chapter shall:
(1) preserve the peace, maintain order, and prevent the unlawful
use of force or violence or other unlawful conduct on property
owned or operated by the board;
(2) protect all persons and property located on property owned
or operated by the board from injury, harm, or damage;
(3) assist the executive director to enforce the rules of the board
or the Indiana law enforcement academy;
(4) assist and cooperate with other law enforcement agencies
and officers; and
(5) enforce the state motor vehicle laws and motor vehicle rules
established by the board on property owned or operated by the
board.
(c) Police officers appointed by the board:
(1) must take an appropriate oath of office in a form and manner
prescribed by the board;
(2) serve at the pleasure of the board; and
(3) must comply with the training requirements prescribed
under section 9 of this chapter.
As added by P.L.44-1985, SEC.3.
IC 5-2-1-18
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