- LETB Adopts New Statewide Policies on Deadly Force & Minimum Standards For Vehicle Pursuits
- Upcoming Law Enforcement Academy Training Board Meeting Dates
- Safe Policing Materials
- Certificate Revocations
- Legal Checklist For Law Enforcement Management
- ILEA Social Media Commenting Policy
LETB Adopts New Statewide Policies on Deadly Force & Minimum Standards For Vehicle Pursuits
On November 7, 2022, the Law Enforcement Training Board (LETB) established two uniform statewide policies in keeping with IC 5-2-1. The first is a Uniform Statewide Policy on Minimum Standards for Vehicle Pursuits which takes effect January 1, 2023. This policy must be added to existing policies no later than January 1, 2023. The Indiana Law Enforcement Academy is developing a training program to explain this policy to law enforcement officers and agencies, which will be available on our website prior to the effective date.
The second policy is a Uniform Statewide Policy on Deadly Force, which takes effect January 1, 2024. This policy must replace any agency’s deadly force policy by the January 1, 2024, date. The delay in adoption of this policy will allow the LETB to develop a robust and detailed training program for law enforcement officers on the objectively reasonable standard for use of force developed by the U.S. Supreme Court in Graham v Connor, 490 U.S. 386 (1989). At a minimum, this training program will focus on the continuous balancing of the Graham factors that an officer must engage in throughout the use of force, to include proportionality considerations of the force being applied versus the needs of the government, relevant Indiana statutes on use of force and use of deadly force, an officer’s duty to intervene when there is reason to know that excessive force is being applied, and discussion of appropriate methods for effective intervention. This training program will take time to create and perfect. Once it is developed and approved by the LETB, this training program will be made available on our website well in advance of January 1, 2024 for law enforcement officers, as well as for public consumption.
Please find links below explaining the policies and the LETB Resolutions for adoption, as well as the two policies that were established.
The ILEA is in the process of developing a third Uniform Statewide Policy on Defensive Tactics which will be shared once approved by the LETB.
Upcoming Law Enforcement Training Board Meeting Dates
PUBLIC NOTICE: Pursuant to the Indiana Open Door Law (IC 1971, 5-14-1.5-1 through 7) public notice is hereby given that the Law Enforcement Training Board will meet at 1:00 p.m. on the following dates, at the Indiana Law Enforcement Academy, 5402 S. CR 700 E, Plainfield, Indiana, 46168.
Upcoming meeting date:
- December 19, 2022
Safe Policing Materials
- Executive Order on Safe Policing for Safe Communities
- Standards for Certification on Safe Policing for Safe Communities
The Law Enforcement Training Board has revoked the following basic law enforcement certifications:
|Donald R. Bailey||09/29/2015|
|Mark A. Bailey||04/18/2022|
|Joe Don Baker||12/31/2020|
|Boyce J. Ballinger||04/18/2022|
|David M. Bisard||04/19/2021|
|Aaron M. Bishop||09/21/2011|
|Jamie P. Buford||02/09/2011|
|David J. Butler||10/18/2021|
|Stacey L. Chasteen||09/29/2015|
|Dana L. Cotton||07/13/2011|
|Robert C. Culp||02/09/2011|
|Randal A. Dague||08/17/2020|
|James Dejuan Davis||12/15/2010|
|George Michael Deatrick||03/21/2012|
|Christopher E. Dickerson||07/14/2015|
|Noble Earl Duke||10/13/2010|
|Jason P. Edwards||12/15/2010|
|Ronald M. Fargo, Jr.||02/16/2009|
|Michael B. Flynn||11/05/2009|
|Michael D. Fogle||05/24/2012|
|James D. Foutch||02/09/2016|
|Haven R. Freeman||07/13/2011|
|Shane R. Gibson||08/17/2020|
|Daniel A. Greer||08/19/2019|
|Dustin A. Hatfield||04/19/2021|
|Chadwick D. Hill||02/18/2019|
|Ryan L. Huston||02/09/2011|
|Thomas K. Jackson||08/16/2021|
|Edward O. Kabella||08/29/2014|
|Chad D. Knight||10/01/2007|
|Joseph R. Kumstar||11/02/2014|
|Mark A. Lewandowski||08/18/2008|
|Dennis L. Lewis||07/13/2011|
|Robert B. Long||12/15/2010|
|Tony W. Macik||08/26/2010|
|Isaac E. Martinez||02/08/2017|
|Zachary Paul Miller||06/18/2010|
|Joshua M. Nygren||06/03/2011|
|Rodney L. Peters||06/16/2009|
|Jeremy W. Reed||02/21/2022|
|Micah J. Rulli||07/13/2011|
|David L. Scudder||07/27/2010|
|Anthony Shaun Smith||08/26/2010|
|Ronald D. Slusser, Jr.||09/02/2014|
|Michael Charles Smith||12/15/2010|
|Terry Joe Smith||02/17/2020|
|Dennis Michael Swanson||04/16/2007|
|Andrew J. Taghon||02/09/2011|
|Jason Scott Thomas||12/19/2016|
|Timothy S. Whitright||01/09/2013|
|William C. Wike, Jr.||07/27/2010|
|Cale H. Worley||03/13/2013|
|Jeremy M. Wuestefeld||08/16/2021|
Legal Checklist For Law Enforcement Management
This checklist will deal with legal issues and matters that police administrators should be concerned with as they plan for and administer their department missions. As more of the subjects listed below are addressed by the department, both a greater law enforcement quality and a reduction of civil liability exposure will take place.
1. Will the department provide the required 17 subject abuse training to every officer on the department as mandated by IC 5-2-8-1 through 5-2-8-8?
2. Will the department provide the required pre-basic training to newly appointed public payroll officers as mandated by IC 5-2-1-9?
3. Will the department provide the required training to newly appointed reserve officers as mandated by IC 5-2-1-9 and IC 36-8-3-20?
4. Will the department provide the required annual training report to the Executive Director of the Law Enforcement Training Board as required by IC 5-2-1-1 and 250 IAC 2-8-3?
5. Will the department provide the required 24 hours of annual continuing education to all public payroll officers as mandated by IC 5-2-1-9? Will the department comply with the new requirements of PL 85 found at IC 5-2-1-9(g) regarding annual in-service training regarding interaction with persons with mental illness, addictive disorders, mental retardation, and developmental disabilities to be provided by persons approved by the Law Enforcement Training Board and the Secretary of Family and Social Services?
6. Will the department provide the mandated training under federal law regarding hazardous material emergency response personnel under EPA and OSHA regulations 29 CFR 1910.120?
7. Will the department provide the mandated training and/or equipment under federal law to employees who may come in contact with blood or other body fluids under OSHA regulation 29 CFR 1910.1030?
8. Will the department comply with the requirements of the Fair Labor Standards Act as found in 29 U.S.C. Section 201 et seq. and the U.S. Department of Labor regulations dealing with employee salary calculation, working hours and overtime compensation found at 29 CFR?
9. Will the department comply with the requirements of the Federal Civil Rights Act of 1991 regarding sex discrimination and the non-use of physical agility tests that make differences on the basis of sex as also required by IC 36-8-3.2-3.5 for PERF full-time police officers?
10. Will the department comply with the comprehensive requirements of the Americans With Disabilities Act as found in federal statutes at 42 U.S.C. Section 12101 et seq. and Indiana law IC 22-9-5-1 et seq.?
11. Will the PERF Department submit its physical agility test and general aptitude test (if one is used) to the Law Enforcement Training Board (for review, not approval) as required by IC 36-8-3.2-3.5 for PERF departments hiring full-time police officers?
12. Will the PERF Department comply with all PERF changes, when made under Indiana law at IC 36-8-1-1-et seq.?
13. Will the department have both comprehensive and quality standard operating procedures that reflect the latest law and practical standards for police officers?
14. Will the department comply with all of the financial record keeping requirements of the Indiana State Board of Accounts?
15. In terms of employee work safety, will all the requirements of federal and state OSHA be met?
16. Will all of the requirements of both the Indiana Open Door Law (IC 5-14-1.5-1 through 5-14-1.5-8) and the Public Records Law (IC 5-14-3-1 through 5-14-3-10) be fully met in terms of public access to police information especially the law requiring a daily log/record of all police activity to be prepared within 24 hours under IC 5-14-3-5?
17. Will there be a plan in place that will handle and process all notices of tort claims as well as filed civil liability lawsuits. With the latest court decisions and jury verdicts, there will most certainly be increased litigation.
18. If your agency is bound by local ordinances, board of public safety resolutions, collective bargaining agreements, employment contracts, or specific court orders, are these being fully complied with?
19. Will there be a complete and fair promotion plan in place especially for merit departments pursuant to IC 36?
20. Are there programs in place that will both detect and eliminate employee discrimination on the basis of race, sex, color, creed, religion, national origin, age (especially for department civilian employees), physical disability, or freedom of speech?
21. Will the department's overall record keeping system be adequate to meet both legal review and litigation challenges?
22. Will the department comply with all of the requirements of the Family and Medical Leave Act of 1993 under federal law found at 29 U.S.C. Section 2601 et seq.?
23. Has the department reviewed the new LETB rules that took effect January 1, 2004 found at 250 IAC 2 et seq.?
24. Has the department taken steps to comply with the provisions of federal law pursuant to the Law Enforcement Officers Safety Act of 2004, found at 18 U.S.C. Section 926B(a) and 926C Indiana law at IC 35-47-13 regarding the carrying of concealed weapons nationally by current and retired police officers?
25. Will the department comply with the new Indiana Supreme Court Administrative Court Rule 9 concerning court records?
26. Will the department comply with the evidence collection and disposition laws found at IC 35-33-5-1 et seq. and IC 35-43-4-4(h)?
27. Will the department comply with the new refresher course requirements as stated in IC 5-2-1-9 (n) and the Law Enforcement Training Board Administrative Rule 12 for officers out of law enforcement for two or more years at the time of their reappointment?
28. Will the department take steps to revoke an officer's basic training certificate if the grounds for revocation are present as required by IC 5-2-1-12.5.?
29. Has the department taken steps to provide to its officers the in-service training called for regarding human and sexual trafficking pursuant to IC 5-2-1-9 (a)(10) and IC 35-42-3.5?
30. Has the department taken steps to provide improved witness testimony skills training now that under new Indiana Rules of Court the members of the jury can take notes, can ask witnesses their own questions through the judge, and cameras (on an experimental basis) in the courtroom have been approved?
Certainly a legal checklist, for law enforcement could be extended into many other areas. Nonetheless, the above list refers to the present major legal matters of concern for Indiana based police.
The above material is being provided in an effort to generally inform law enforcement officers regarding various legal issues of interest. For specific application of these matters to your particular circumstances, consult your prosecuting attorney or police department legal counsel.