PURPOSE OF NOTICE

The Law Enforcement Training Board (board) is soliciting public comment on amendments to rules at 250 IAC 2-7-1 and 250 IAC 2-8-3 concerning increasing the defensive tactics in-service training hours; adding an active participation requirement; and advancing the submission date for the annual training status report, which summarizes the annual in-service training for each officer within the agency. The board seeks comment on the affected citations listed and any other provisions of Title 250 that may be affected by this rulemaking.

CITATIONS AFFECTED: 250 IAC 2-7-1; 250 IAC 2-8-3

AUTHORITY: IC 5-2-1-9

OVERVIEW

Basic Purpose and Background

Annual in-service training is necessary for law enforcement officers to be apprised on legal changes and to remain current and proficient in the necessary skills for a law enforcement officer. The proposed amendment to 250 IAC 2-7-1 would increase the mandatory in-service training for defensive tactics from two (2) hours to four (4) hours annually, include an active participation component, and specify that the techniques for annual training must be contained in the approved uniform statewide defensive tactics policy and training program adopted by the board pursuant to IC 5-2-1-1 and IC 5-2-1-9. The proposed amendment will impact each Indiana officer who is required to complete the annual in-service training. Pursuant to IC 5-2-1-1 and IC 5-2-1-9, the board adopted the uniform statewide defensive tactics policy and training program, requiring in-service training in fourteen (14) categories, such as ground fighting, handcuffing, self-defense escapes, and weapon defense and retention, to standardize defensive tactics training for Indiana's law enforcement officers. The required standard of reasonable use of force during active encounters between officers and suspects is best accomplished by more practical, active, hands-on training for officers. This proposed amendment is consistent with the purpose of mandating annual in-service training for law enforcement officers.

Law enforcement agencies are required annually to submit a training status report to the Indiana law enforcement academy. This annual report confirms that each officer within the reporting agency has fulfilled the mandatory in-service training for the reporting year. The proposed amendment to 250 IAC 2-8-3 would advance the submission date for the annual training status report from March 31 to January 31 of each year. The annual training status report allows the board, as well as the hiring agency, to identify any officer who has failed to complete the annual in-service training requirement for the previous year. By advancing the submission date, this allows for the hiring agency to remedy the issue sooner and reinstate the officer's law enforcement authority more quickly.

For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is:

Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.

REQUEST FOR PUBLIC COMMENTS

At this time, the board is soliciting public comments on the proposed rule. Comments may be submitted in one of the following ways:

COMMENT PERIOD DEADLINE

All comments must be postmarked or time stamped not later than December 8, 2023.

The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana Law Enforcement Academy, 5402 South County Road 700 East, Plainfield, Indiana 46168 and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the office of the Indiana Law Enforcement Academy.

If the board does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice.

ADDITIONAL DOCUMENTS

Regulatory Analysis DIN: 20231108-IR-250230732RAA

Notice of Public Hearing DIN: 20231108-IR-250230732RAA

PROPOSED RULE