15.386 Certification categories -- Required courses -- Status of certification.
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15.386 Certification categories -- Required courses -- Status of certification.
The following certification categories shall exist: <br>(1) "Precertification status" means that the officer is currently employed or appointed
by an agency and meets or exceeds all those minimum qualifications set forth in <br>KRS 15.382, but has not successfully completed a basic training course, except <br>those peace officers covered by KRS 15.400. Upon the council's verification that <br>the minimum qualifications have been met, the officer shall have full peace officer <br>powers as authorized under the statute under which he or she was appointed or <br>employed. If an officer fails to successfully complete a basic training course within <br>one (1) year of employment, his or her enforcement powers shall automatically <br>terminate.
(2) "Certification status" means that unless the certification is in revoked status or
inactive status, the officer is currently employed or appointed by an agency and has <br>met all training requirements. The officer shall have full peace officer powers as <br>authorized under the statute under which he or she was appointed or employed.
(3) (a) "Inactive status" means that unless the certification is in revoked status:
1.
The person has been separated on or after December 1, 1998, from the <br>agency by which he or she was employed or appointed and has no peace <br>officer powers; or
2.
The person is on military active duty for a period exceeding three <br>hundred sixty-five (365) days.
(b) The person may remain on inactive status. A person who is on inactive status
and who returns to a peace officer position shall have certification status <br>restored if he or she meets the requirements of KRS 15.400(1) or has <br>successfully completed a basic training course approved and recognized by the <br>council, has not committed an act for which his or her certified status may be <br>revoked pursuant to KRS 15.391 and successfully completes in-service <br>training as prescribed by the council, as follows: <br>1.
If the person has been on inactive status for a period of less than three <br>(3) years, and the person was not in training deficiency status at the time <br>of separation, he or she shall complete: <br>a.
The twenty-four (24) hour legal update Penal Code course;
b.
The sixteen (16) hour legal update constitutional procedure course; <br>and
c.
The mandatory training course approved by the Kentucky Law <br>Enforcement Council, pursuant to KRS 15.334, for the year in <br>which he or she returns to certification status; or
2.
If the person has been on inactive status for a period of three (3) years or <br>more, or the person was in training deficiency status at the time of <br>separation, he or she shall complete: <br>a.
The twenty-four (24) hour legal update Penal Code course;
b.
The sixteen (16) hour legal update constitutional procedure course;
c.
The mandatory training course approved by the Kentucky Law <br>Enforcement Council, pursuant to KRS 15.334, for the year in <br>which he or she returns to certification status; and
d.
One (1) of the following forty (40) hour courses which is most <br>appropriate for the officer's duty assignment:
i.
Basic officer skills;
ii.
Orientation for new police chiefs; or
iii. Mandatory duties of the sheriff.
(c) A person returning from inactive to active certification after June 26, 2007,
under KRS 15.380 to 15.404, shall meet the following minimum <br>qualifications: <br>1.
Be a citizen of the United States;
2.
Possess a valid license to operate a motor vehicle;
3.
Be fingerprinted for a criminal background check;
4.
Not have been convicted of any felony;
5.
Not be prohibited by federal or state law from possessing a firearm;
6.
Have received and read the Kentucky Law Enforcement Officers Code <br>of Ethics as established by the council;
7.
Have not received a dishonorable discharge, bad conduct discharge, or <br>general discharge under other than honorable conditions, if having <br>served in any branch of the Armed Forces of the United States;
8.
Have been interviewed by the employing agency; and
9.
Not have had certification as a peace officer permanently revoked in <br>another state.
(4) "Training deficiency status" means that unless the certification is in revoked status
or inactive status, the officer is currently employed or appointed by an agency and <br>has failed to meet all in-service training requirements. The officer's enforcement <br>powers shall automatically terminate, and he or she shall not exercise peace officer <br>powers in the Commonwealth until he or she has corrected the in-service training <br>deficiency.
(5) "Revoked status" means that the officer has no enforcement powers and his or her
certification has been revoked by the Kentucky Law Enforcement Council for any <br>one (1) of the following reasons: <br>(a) Failure to meet or maintain training requirements; <br>(b) Willful falsification of information to obtain or maintain certified status; <br>(c) Certification was the result of an administrative error; <br>(d) Plea of guilty to, conviction of, or entering of an Alford plea to any felony; <br>(e) Prohibition by federal or state law from possessing a firearm; or <br>(f) Receipt of a dishonorable discharge, bad conduct discharge, or general
discharge under other than honorable conditions from any branch of the <br>Armed Forces of the United States.
(6) "Denied status" means that a person does not meet the requirements to achieve
precertification status or certification status.
(7) The design of a certificate may be changed periodically. When a new certificate is
produced, it shall be distributed free of charge to each currently certified peace <br>officer.
Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 76, sec. 2, effective June 26, 2007; and ch. 139,
sec. 4, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 132, sec. 3, effective <br>July 15, 2002. -- Amended 2000 Ky. Acts ch. 480, sec. 6, effective July 14, 2000. -- <br>Created 1998 Ky. Acts ch. 606, sec. 102, effective December 1, 1998.
Legislative Research Commission Note (6/26/2007). This section was amended by
2007 Ky. Acts chs. 76 and 139, which do not appear to be in conflict and have been <br>codified together.
Legislative Research Commission Note (6/26/2007). The amendment to this section in
2007 Ky. Acts ch. 76, sec. 2, effective June 26, 2007, is retroactive to July 1, 2004. <br>See 2007 Ky. Acts ch. 76, sec. 5.
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