41-1822

41-1822. Powers and duties of board;
definition

A. With respect to peace officer training and certification, the board shall:

1. Establish rules for the government and conduct of the board, including meeting
times, places and matters to be placed on the agenda of each meeting.

2. Make recommendations, consistent with this article, to the governor, the speaker
of the house of representatives and the president of the senate on all matters relating
to law enforcement and public safety.

3. Prescribe reasonable minimum qualifications for officers to be appointed to
enforce the laws of this state and the political subdivisions of this state and certify
officers in compliance with these qualifications. Notwithstanding any other law, the
qualifications shall require United States citizenship, shall relate to physical, mental
and moral fitness and shall govern the recruitment, appointment and retention of all
agents, peace officers and police officers of every political subdivision of this
state. The board shall constantly review the qualifications established by this section
and may amend the qualifications at any time, subject to the requirements of section
41-1823.

4. Prescribe minimum courses of training and minimum standards for training
facilities for law enforcement officers. Only this state and political subdivisions of
this state may conduct basic peace officer training. Basic peace officer academies may
admit individuals who are not peace officer cadets only if a cadet meets the minimum
qualifications established by paragraph 3 of this subsection. Training shall include:

(a) Courses in responding to and reporting all criminal offenses that are motivated
by race, color, religion, national origin, sexual orientation, gender or disability.

(b) Training certified by the director of the department of health services with
assistance from a representative of the board on the nature of unexplained infant death
and the handling of cases involving the unexplained death of an infant.

(c) Medical information on unexplained infant death for first responders, including
awareness and sensitivity in dealing with families and child care providers, and the
importance of forensically competent death scene investigations.

(d) Information on the protocol of investigation in cases of an unexplained infant
death, including the importance of a consistent policy of thorough death scene
investigation.

(e) The use of the infant death investigation checklist pursuant to section
36-2293.

(f) If an unexplained infant death occurs, the value of timely communication
between the medical examiner's office, the department of health services and appropriate
social service agencies that address the issue of infant death and bereavement, to
achieve a better understanding of these deaths and to connect families to various
community and public health support systems to enhance recovery from grief.

5. Recommend curricula for advanced courses and seminars in law enforcement and
intelligence training in universities, colleges and community colleges, in conjunction
with the governing body of the educational institution.

6. Make inquiries to determine whether this state or political subdivisions of this
state are adhering to the standards for recruitment, appointment, retention and training
established pursuant to this article. The failure of this state or any political
subdivision to adhere to the standards shall be reported at the next regularly scheduled
meeting of the board for action deemed appropriate by that body.

7. Employ an executive director and other staff as are necessary to fulfill the
powers and duties of the board in accordance with the requirements of the law enforcement
merit system council.

B. With respect to state department of corrections correctional officers, the board
shall:

1. Approve a basic training curriculum of at least two hundred forty hours.

2. Establish uniform minimum standards. These standards shall include high school
graduation or the equivalent and a physical examination as prescribed by the director of
the state department of corrections.

3. Establish uniform standards for background investigations, including criminal
histories under section 41-1750, of all applicants before enrolling in the academy. The
board may adopt special procedures for extended screening and investigations in
extraordinary cases to ensure suitability and adaptability to a career as a correctional
officer.

4. Issue a certificate of completion to any state department of corrections
correctional officer who satisfactorily complies with the minimum standards and completes
the basic training program. The board may issue a certificate of completion to a state
department of corrections correctional officer who has received comparable training in
another state if the board determines that the training was at least equivalent to that
provided by the academy and if the person complies with the minimum standards.

5. Establish continuing training requirements and approve curricula.

C. The board may:

1. Deny, suspend, revoke or cancel the certification of an officer who is not in
compliance with the qualifications established pursuant to subsection A, paragraph 3 of
this section.

2. Provide training and related services to assist state, tribal and local law
enforcement agencies to better serve the public.

3. Enter into contracts to carry out its powers and duties.

D. This section does not create a cause of action or a right to bring an action,
including an action based on discrimination due to sexual orientation.

E. As used in this section, "sexual orientation" means consensual homosexuality or
heterosexuality.