TITLE 250 LAW ENFORCEMENT TRAINING BOARD

Amends 250 IAC 2-2-1 to clarify the evaluation of prior law enforcement training for waiver applicants. Amends 250 IAC 2-2-3 to clarify that an officer may regain law enforcement authority upon successful completion of basic training. Amends 250 IAC 2-2-4 to clarify that an officer who fails to successfully complete the basic training course may complete a future basic training course and regain the officer's law enforcement authority. Amends 250 IAC 2-4-1 to increase the minimum hours for the basic training program curriculum (Tier I) and to clarify the agencies approved to participate in the Tier II basic training program. Effective 30 days after filing with the publisher.

Notice of First Public Comment Period: November 8, 2023, Indiana Register (DIN: 20231108-IR-250230731FNA).

Notice of First Public Hearing: November 8, 2023, Indiana Register (DIN: 20231108-IR-250230731PHA).

Date of First Public Hearing: December 11, 2023.

SECTION 1. 250 IAC 2-2-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 5-2-1-9; IC 5-2-1-11

Sec. 1. All law enforcement officers appointed by the state or any of its political subdivisions on or after July 6, 1972, whether the appointment is on a probationary, permanent, or other than probationary or permanent basis, shall are subject to the training requirements of IC 5-2-1-9(b) and IC 5-2-1-9(e) and shall, within one (1) year of the date of the officer's first or original appointment, whether on a full-time or part-time basis, successfully complete the appropriate minimum basic training course prescribed by the board and described in 250 IAC 2-4. Provided, however, that any such An officer who has had previous law enforcement experience, including basic law enforcement training meeting or exceeding the standards enumerated in 250 IAC 2-4 at the time of completion of the training, may, upon proof of such the previous experience and training and upon recommendation by the executive director and approval by the board, obtain a waiver of the training mandated herein or be allowed to test out on any or all phases of the basic course; however, this waiver provision is not applicable to persons certified by the board solely upon successful completion of the town marshal and conservancy district marshal basic training program prescribed in 250 IAC 2-4.

SECTION 2. 250 IAC 2-2-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 5-2-1-9

Sec. 3. Any A law enforcement officer described in section 1 of this rule who fails to successfully complete the required basic training course within one (1) year after the officer's first or original appointment, on or after July 6, 1972, shall not be empowered or authorized to enforce the laws or ordinances of the state or any political subdivision thereof as part of the duties of a law enforcement officer. is subject to the limitations in IC 5-2-1-9(b).

SECTION 3. 250 IAC 2-2-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 5-2-1-9

Sec. 4. The executive director of the board shall establish and shall apply uniformly to all persons attending board approved basic training schools a minimum passing score of seventy-five percent (75%) on all written examinations and a passing score on all practical examinations administered on a percentage or pass/fail basis. Failure to attain a passing score on all written and practical examinations administered during the basic training course shall constitute a failure of the course. A person failing to achieve a passing score may apply to the executive director, or his their designee, to retake any examination or examinations previously failed, but a request for a retake of an examination by a person already employed as a law enforcement officer will not be accepted unless endorsed by the chief executive officer of the department or agency employing the officer. Failure to achieve a passing score for the second time shall constitute disqualification unless, in the discretion of the board, a third and final opportunity should be allowed is given for the current session of the basic training course. Failure to achieve a passing score on the third examination will not prevent enrollment in a subsequent full basic training course.

SECTION 4. 250 IAC 2-4-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 5-2-1-9; IC 5-2-1-11; IC 10-11-2-14; IC 16-18-4-4

Sec. 1. Requirements for the minimum basic training course necessary to satisfy the mandate contained in 250 IAC 2-2 shall be are as follows:

(1) For all jurisdictions, except towns having no more than one (1) town marshal and two (2) deputies, those listed in subdivision (3), whether employed on a part-time or full-time basis, shall consist of not less than four hundred eighty (480) six hundred (600) hours of classroom and practical training, and the subject matter covered shall be is approved by the board prior to the beginning date of each basic training course.

(2) The town marshal and conservancy district marshal basic training program (Tier II program) shall consist of not less than three hundred twenty (320) hours in residence at the Indiana law enforcement academy, to which may be added home study assignments. The subject matter covered shall be is approved by the board prior to the beginning date of each town marshal basic training program session.

(3) Persons successfully completing the town marshal program are eligible for employment as a law enforcement officer only in towns employing the town marshal system and having no more than one (1) marshal and two (2) deputies.

(3) The law enforcement agencies approved by statute, the governing body, and the board to participate in the Tier II program include:

(A) towns employing the town marshal system as provided by IC 5-2-1-9(i);

(B) conservancy districts employing a conservancy district marshal as provided by IC 5-2-1-9(i);

(C) hospital police departments as provided by IC 16-18-4-4;

(D) Indiana gaming commission agents as provided by IC 5-2-1-9(t);

(E) department of correction police officers as provided by IC 5-2-1-9(v); and

(F) Indiana state police capitol police as provided by IC 10-11-2-14.

(4) Town marshal Tier II program graduates who are subsequently hired by a department that is not authorized to enroll officers in the town marshal basic training Tier II program shall, within one (1) year of their new appointment date, successfully complete the four hundred eighty (480) hour minimum basic training course described in this section. Town marshal subdivision (1). Tier II program graduates who fail to successfully complete the minimum basic training course within one (1) year of their new appointment date shall not perform any of the duties of a law enforcement officer or exercise the power of arrest until they have successfully completed the basic training program described in this section subdivision (1).

(5) The minimum hours and subject matter prescribed in subdivisions (1) and (2) may be increased by the board.

DIN: 20240306-IR-250230731FRA

Composed: Jun 01,2024 2:00:44PM EDT

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