CHAPTER 1. MANDATORY TRAINING FOR LAW ENFORCEMENT OFFICERS
IC 5-2
ARTICLE 2. LAW ENFORCEMENT
IC 5-2-1
Chapter 1. Mandatory Training for Law Enforcement Officers
IC 5-2-1-1
Establishment; purposes
Sec. 1. (a) In order to ensure the public safety and general welfareof the people of the state of Indiana and to promote equity for allsegments of society, a program of mandatory training for lawenforcement officers is established.
(b) This chapter shall be interpreted to achieve said purposesthrough the establishment of minimum standards in law enforcementtraining.
(c) It is the intent of this chapter to encourage all law enforcementofficers, departments, and agencies within this state to adoptstandards which are higher than the minimum standards implementedunder this chapter and such minimum standards shall in no way bedeemed sufficient or adequate in those cases where higher standardshave been adopted or proposed.
(d) The chief executive officer of a law enforcement departmentor agency in Indiana shall use all reasonable means to ensure that thelaw enforcement officers within the department or agency complywith this chapter. The chief executive officer shall submit to theexecutive director of the board, not later than March 31 of each year,a written report detailing the basic and inservice training status ofeach law enforcement officer on the payroll of the department oragency. The report must also include similarly detailed informationpertaining to the training status of each police reserve officer.
(Formerly: Acts 1967, c.209, s.1.) As amended by P.L.16-1984,SEC.2; P.L.30-1992, SEC.1; P.L.52-2005, SEC.1.
IC 5-2-1-2
Definitions
Sec. 2. For the purposes of this chapter, and unless the contextclearly denotes otherwise, the following definitions apply throughoutthis chapter:
(1) "Law enforcement officer" means an appointed officer oremployee hired by and on the payroll of the state, any of thestate's political subdivisions, or a public or privatepostsecondary educational institution whose board of trusteeshas established a police department under IC 21-17-5-2 orIC 21-39-4-2 who is granted lawful authority to enforce all orsome of the penal laws of the state of Indiana and whopossesses, with respect to those laws, the power to effect arrestsfor offenses committed in the officer's or employee's presence.However, the following are expressly excluded from the term"law enforcement officer" for the purposes of this chapter:
(A) A constable. (B) A special officer whose powers and duties are describedin IC 36-8-3-7 or a special deputy whose powers and dutiesare described in IC 36-8-10-10.6.
(C) A county police reserve officer who receivescompensation for lake patrol duties under IC 36-8-3-20(f)(4).
(D) A conservation reserve officer who receivescompensation for lake patrol duties under IC 14-9-8-27.
(E) An employee of the gaming commission whose powersand duties are described in IC 4-32.2-9.
(F) A correctional police officer described in IC 11-8-9.
(2) "Board" means the law enforcement training board createdby this chapter.
(3) "Advisory council" means the law enforcement advisorycouncil created by this chapter.
(4) "Executive training program" means the police chiefexecutive training program developed by the board undersection 9 of this chapter.
(5) "Law enforcement training council" means one (1) of theconfederations of law enforcement agencies recognized by theboard and organized for the sole purpose of sharing training,instructors, and related resources.
(6) "Training regarding the lawful use of force" includesclassroom and skills training in the proper application of handto hand defensive tactics, use of firearms, and other methods of:
(A) overcoming unlawful resistance; or
(B) countering other action that threatens the safety of thepublic or a law enforcement officer.
(7) "Hiring or appointing authority" means:
(A) the chief executive officer, board, or other entity of apolice department or agency with authority to appoint andhire law enforcement officers; or
(B) the governor, mayor, board, or other entity with theauthority to appoint a chief executive officer of a policedepartment or agency.
(Formerly: Acts 1967, c.209, s.2.) As amended by P.L.25-1986,SEC.2; P.L.57-1995, SEC.1; P.L.2-1997, SEC.15; P.L.52-2005,SEC.2; P.L.91-2006, SEC.7; P.L.2-2007, SEC.71; P.L.77-2009,SEC.1.
IC 5-2-1-3
Law enforcement training board created; membership; advisorycouncil
Sec. 3. (a) There is created, as a criminal justice agency of thestate, a law enforcement training board to carry out the provisions ofthis chapter. The board members are to be selected as provided bythis chapter. The board is composed of the following members:
(1) The superintendent of the Indiana state police department,who shall serve as chairperson of the board.
(2) The deputy director of the division of preparedness andtraining of the department of homeland security. The deputy
director shall serve as the vice chair of the board.
(3) The chief of police of a consolidated city.
(4) One (1) county sheriff from a county with a population of atleast one hundred thousand (100,000).
(5) One (1) county sheriff from a county of at least fiftythousand (50,000) but less than one hundred thousand(100,000) population.
(6) One (1) county sheriff from a county of under fifty thousand(50,000) population.
(7) One (1) chief of police from a city of at least thirty-fivethousand (35,000) population, who is not the chief of police ofa consolidated city.
(8) One (1) chief of police from a city of at least ten thousand(10,000) but under thirty-five thousand (35,000) population.
(9) One (1) chief of police, police officer, or town marshal froma city or town of under ten thousand (10,000) population.
(10) One (1) prosecuting attorney.
(11) One (1) judge of a circuit or superior court exercisingcriminal jurisdiction.
(12) One (1) member representing professional journalism.
(13) One (1) member representing the medical profession.
(14) One (1) member representing education.
(15) One (1) member representing business and industry.
(16) One (1) member representing labor.
(17) One (1) member representing Indiana elected officials ofcounties, cities, and towns.
(b) The following members constitute an advisory council toassist the members of the board in an advisory, nonvoting capacity:
(1) The special agent in charge of the Federal Bureau ofInvestigation field office covering the state of Indiana, subjectto the agent's approval to serve in such capacity.
(2) The attorney general of Indiana.
(3) One (1) member representing forensic science, to beappointed by the governor.
(4) One (1) member representing theology, to be appointed bythe governor.
(5) The director of the law enforcement division of thedepartment of natural resources.
(Formerly: Acts 1967, c.209, s.3; Acts 1971, P.L.42, SEC.1.) Asamended by Acts 1981, P.L.44, SEC.2; P.L.44-1985, SEC.1;P.L.47-1987, SEC.1; P.L.52-2005, SEC.3; P.L.22-2005, SEC.1.
IC 5-2-1-4
Appointments; terms; vacancies; removal
Sec. 4. (a) All members of the board shall be appointed to theboard by the governor. The appointments shall be made on abipartisan basis so that not more than one-half (1/2) of the membersof the board shall at any time be members of either of the two (2)major political parties. All appointments shall be for terms of four(4) years or while maintaining the position held at the time of
appointment to the board, whichever is the lesser period. Appointeesto the board shall serve as members of the board only while holdingthe office or position held at the time of appointment to the board inorder that the representative nature of the board outlined in section3 of this chapter may be maintained. However, each member of theboard shall serve until the member's successor has been appointedand qualified, unless the member's services are terminated earlier forsufficient reason. Vacancies on the board caused by expiration of aterm, termination of the office or position held at time ofappointment, or for any other reason shall be filled in the samemanner as original appointments. A member appointed to fill avacancy created other than by expiration of a term shall be appointedfor the unexpired term of the member succeeded in the same manneras an original appointment. Members of the board may bereappointed for additional terms. All members of the board shallserve, unless their services are terminated earlier for sufficientreason, until their successors have been appointed and qualified.Members of the board may be removed by the governor forinefficiency, incompetence, neglect of duty, or other good cause afterhaving been accorded a hearing by the governor upon reasonablenotice of the charge being made against them.
(b) Members of the advisory council who serve by virtue of theiroffice or position shall serve as members of the advisory council onlyduring the term of their office or position as the case may be. Thegovernor is authorized and empowered to appoint members to theadvisory council in addition to those enumerated in section 3(b) ofthis chapter. All members appointed to the advisory council by thegovernor shall serve only during the pleasure of the governor.Advisory council appointments need not be made on a bipartisanbasis.
(Formerly: Acts 1967, c.209, s.4.) As amended by P.L.25-1986,SEC.3; P.L.52-2005, SEC.4.
IC 5-2-1-5
Membership on board not to constitute public office
Sec. 5. Membership on the law enforcement training board or theadvisory council shall not constitute holding a public office andmembers of the board and advisory council shall not be required totake and file oaths of office before serving in such capacities. Theboard and the advisory council shall exercise only the powersgranted by this chapter. No member of the board or of the advisorycouncil shall be disqualified from holding any public office orposition by reason of his appointment or membership on the boardor advisory council, nor shall any such person forfeit any office,position, or employment by reason of an appointment pursuant to thischapter, notwithstanding the provisions of any statute, ordinance, orcity charter.
(Formerly: Acts 1967, c.209, s.5.) As amended by P.L.25-1986,SEC.4.
IC 5-2-1-6
Meetings
Sec. 6. The board and advisory council shall meet at least four (4)times in each year and shall hold special meetings when called by thechairperson. The presence of nine (9) members of the boardconstitutes a quorum for doing business. At least nine (9) affirmativevotes are required for the passage of any matter put to a vote of theboard. Advisory council members are entitled to participate in thebusiness and deliberation of the board, but only board members areentitled to vote. The board shall establish its own procedure andrequirements with respect to place and conduct of its meetings.
(Formerly: Acts 1967, c.209, s.6.) As amended by P.L.52-2005,SEC.5; P.L.110-2009, SEC.1.
IC 5-2-1-7
Repealed
(Repealed by Acts 1978, P.L.6, SEC.36.)
IC 5-2-1-8
Compensation
Sec. 8. The members of the board and the advisory council shallserve without compensation except that a salary per diem and actualexpenses incurred, in accordance with travel policies and proceduresestablished by the department of administration and the state budgetagency, shall be allowed to each member for attendance at regular orspecial meetings or otherwise engaging in official business of theboard.
(Formerly: Acts 1967, c.209, s.8.) As amended by Acts 1976, P.L.9,SEC.1.
IC 5-2-1-9
Rules; basic training; pre-basic training; inservice training; townmarshal and executive training programs; fire investigators;handgun safety; refresher course; gaming agents; securitiesenforcement
Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 allnecessary rules to carry out the provisions of this chapter. The rules,which shall be adopted only after necessary and proper investigationand inquiry by the board, shall include the establishment of thefollowing:
(1) Minimum standards of physical, educational, mental, andmoral fitness which shall govern the acceptance of any personfor training by any law enforcement training school or academymeeting or exceeding the minimum standards establishedpursuant to this chapter.
(2) Minimum standards for law enforcement training schoolsadministered by towns, cities, counties, law enforcementtraining centers, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendancerequirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserveofficer, and conservation reserve officer training schools.
(4) Minimum standards for a course of study on culturaldiversity awareness that must be required for each personaccepted for training at a law enforcement training school oracademy.
(5) Minimum qualifications for instructors at approved lawenforcement training schools.
(6) Minimum basic training requirements which lawenforcement officers appointed to probationary terms shallcomplete before being eligible for continued or permanentemployment.
(7) Minimum basic training requirements which lawenforcement officers appointed on other than a permanent basisshall complete in order to be eligible for continued employmentor permanent appointment.
(8) Minimum basic training requirements which lawenforcement officers appointed on a permanent basis shallcomplete in order to be eligible for continued employment.
(9) Minimum basic training requirements for each personaccepted for training at a law enforcement training school oracademy that include six (6) hours of training in interactingwith:
(A) persons with autism, mental illness, addictive disorders,mental retardation, and developmental disabilities; and
(B) missing endangered adults (as defined inIC 12-7-2-131.3);
to be provided by persons approved by the secretary of familyand social services and the board.
(10) Minimum standards for a course of study on human andsexual trafficking that must be required for each personaccepted for training at a law enforcement training school oracademy and for inservice training programs for lawenforcement officers. The course must cover the followingtopics:
(A) Examination of the human and sexual trafficking laws(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declarationof Law Enforcement Officer for Victim of Trafficking inPersons (Form I-914, Supplement B) requirementsestablished under federal law.
(H) The availability of community resources to assist humanand sexual trafficking victims.
(b) A law enforcement officer appointed after July 5, 1972, andbefore July 1, 1993, may not enforce the laws or ordinances of the
state or any political subdivision unless the officer has, within one(1) year from the date of appointment, successfully completed theminimum basic training requirements established under this chapterby the board. If a person fails to successfully complete the basictraining requirements within one (1) year from the date ofemployment, the officer may not perform any of the duties of a lawenforcement officer involving control or direction of members of thepublic or exercising the power of arrest until the officer hassuccessfully completed the training requirements. This subsectiondoes not apply to any law enforcement officer appointed before July6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from lawenforcement duty during the first year of employment after July 6,1972, shall toll the running of the first year, which shall be calculatedby the aggregate of the time before and after the leave, for thepurposes of this chapter.
(d) Except as provided in subsections (e), (l), (r), and (s), a lawenforcement officer appointed to a law enforcement department oragency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a boardcertified law enforcement academy or at a law enforcement trainingcenter under section 10.5 or 15.2 of this chapter, the basic trainingrequirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer bythe Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer ofthe state under IC 23-19-6-1(i).
Before a law enforcement officer appointed after June 30, 1993,completes the basic training requirements, the law enforcementofficer may exercise the police powers described in subsection (d) ifthe officer successfully completes the pre-basic course established insubsection (f). Successful completion of the pre-basic courseauthorizes a law enforcement officer to exercise the police powersdescribed in subsection (d) for one (1) year after the date the lawenforcement officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish apre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use offorce, interacting with individuals with autism, and the operation ofan emergency vehicle. The pre-basic course must be offered on a
periodic basis throughout the year at regional sites statewide. Thepre-basic course must consist of at least forty (40) hours of coursework. The board may prepare the classroom part of the pre-basiccourse using available technology in conjunction with liveinstruction. The board shall provide the course material, theinstructors, and the facilities at the regional sites throughout the statethat are used for the pre-basic course. In addition, the board maycertify pre-basic courses that may be conducted by other public orprivate training entities, including postsecondary educationalinstitutions.
(g) The board shall adopt rules under IC 4-22-2 to establish amandatory inservice training program for police officers. After June30, 1993, a law enforcement officer who has satisfactorily completedbasic training and has been appointed to a law enforcementdepartment or agency on either a full-time or part-time basis is noteligible for continued employment unless the officer satisfactorilycompletes the mandatory inservice training requirements establishedby rules adopted by the board. Inservice training must includetraining in interacting with persons with mental illness, addictivedisorders, mental retardation, autism, and developmental disabilities,to be provided by persons approved by the secretary of family andsocial services and the board, and training concerning human andsexual trafficking. The board may approve courses offered by otherpublic or private training entities, including postsecondaryeducational institutions, as necessary in order to ensure theavailability of an adequate number of inservice training programs.The board may waive an officer's inservice training requirements ifthe board determines that the officer's reason for lacking the requiredamount of inservice training hours is due to either of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshalbasic training program, subject to the following:
(1) The program must require fewer hours of instruction andclass attendance and fewer courses of study than are requiredfor the mandated basic training program.
(2) Certain parts of the course materials may be studied by acandidate at the candidate's home in order to fulfillrequirements of the program.
(3) Law enforcement officers successfully completing therequirements of the program are eligible for appointment onlyin towns employing the town marshal system (IC 36-5-7) andhaving not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply toan officer who has successfully completed the mandated basictraining program.
(5) The time limitations imposed by subsections (b) and (c) forcompleting the training are also applicable to the town marshalbasic training program.
(6) The program must require training in interacting with
individuals with autism.
(i) The board shall adopt rules under IC 4-22-2 to establish anexecutive training program. The executive training program mustinclude training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executivetraining program within two (2) months of the date the police chiefinitially takes office. A police chief must successfully complete theexecutive training program within six (6) months of the date thepolice chief initially takes office. However, if space in the executivetraining program is not available at a time that will allow completionof the executive training program within six (6) months of the datethe police chief initially takes office, the police chief mustsuccessfully complete the next available executive training programthat is offered after the police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may notcontinue to serve as the police chief until completion of the executivetraining program. For the purposes of this subsection and subsection(j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan policedepartment; and
(3) the chief of a consolidated law enforcement departmentestablished under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for thesepurposes, but a town marshal may enroll in the executive trainingprogram.
(l) A fire investigator in the division of fire and building safetyappointed after December 31, 1993, is required to comply with thebasic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish aprogram to certify handgun safety courses, including courses offeredin the private sector, that meet standards approved by the board fortraining probation officers in handgun safety as required byIC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish arefresher course for an officer who:
(1) is hired by an Indiana law enforcement department oragency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for atleast two (2) years and less than six (6) years before the officeris hired under subdivision (1) due to the officer's resignation or
retirement; and
(3) completed at any time a basic training course certified bythe board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish arefresher course for an officer who:
(1) is hired by an Indiana law enforcement department oragency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for atleast six (6) years and less than ten (10) years before the officeris hired under subdivision (1) due to the officer's resignation orretirement;
(3) is hired under subdivision (1) in an upper levelpolicymaking position; and
(4) completed at any time a basic training course certified bythe board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceedone hundred twenty (120) hours of course work. All credit hoursreceived for successfully completing the police chief executivetraining program under subsection (i) shall be applied toward therefresher course credit hour requirements.
(p) Subject to subsection (q), an officer to whom subsection (n)or (o) applies must successfully complete the refresher coursedescribed in subsection (n) or (o) not later than six (6) months afterthe officer's date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a lawenforcement officer for less than twenty-five (25) years before beinghired under subsection (n)(1) or (o)(1) is not eligible to attend therefresher course described in subsection (n) or (o) and must repeatthe full basic training course to regain law enforcement powers.However, a law enforcement officer who has worked as a lawenforcement officer for at least twenty-five (25) years before beinghired under subsection (n)(1) or (o)(1) and who otherwise satisfiesthe requirements of subsection (n) or (o) is not required to repeat thefull basic training course to regain law enforcement power but shallattend the refresher course described in subsection (n) or (o) and thepre-basic training course established under subsection (f).
(r) This subsection applies only to a gaming agent employed as alaw enforcement officer by the Indiana gaming commission. Agaming agent appointed after June 30, 2005, may exercise the policepowers described in subsection (d) if:
(1) the agent successfully completes the pre-basic courseestablished in subsection (f); and
(2) the agent successfully completes any other training coursesestablished by the Indiana gaming commission in conjunctionwith the board.
(s) This subsection applies only to a securities enforcement officerdesignated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise thepolice powers described in subsection (d) if:
(1) the securities enforcement officer successfully completesthe pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completesany other training courses established by the securitiescommissioner in conjunction with the board.
(t) As used in this section, "upper level policymaking position"refers to the following:
(1) If the authorized size of the department or town marshalsystem is not more than ten (10) members, the term refers to theposition held by the police chief or town marshal.
(2) If the authorized size of the department or town marshalsystem is more than ten (10) members but less than fifty-one(51) members, the term refers to:
(A) the position held by the police chief or town marshal;and
(B) each position held by the members of the policedepartment or town marshal system in the next rank and paygrade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshalsystem is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal;and
(B) each position held by the members of the policedepartment or town marshal system in the next two (2) ranksand pay grades immediately below the police chief or townmarshal.
(u) This subsection applies only to a correctional police officeremployed by the department of correction. A correctional policeofficer may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic coursedescribed in subsection (f); and
(2) the officer successfully completes any other training coursesestablished by the department of correction in conjunction withthe board.
(Formerly: Acts 1967, c.209, s.9.) As amended by Acts 1982, P.L.31,SEC.1; P.L.48-1987, SEC.1; P.L.30-1992, SEC.2; P.L.58-1995,SEC.1; P.L.57-1995, SEC.2; P.L.2-1997, SEC.16; P.L.78-1998,SEC.1; P.L.25-2000, SEC.1; P.L.45-2001, SEC.1; P.L.62-2004,SEC.1; P.L.85-2004, SEC.40; P.L.2-2005, SEC.12; P.L.170-2005,SEC.8; P.L.227-2005, SEC.2; P.L.52-2005, SEC.6; P.L.1-2006,SEC.88; P.L.173-2006, SEC.44; P.L.2-2007, SEC.72; P.L.230-2007,SEC.4; P.L.128-2008, SEC.1; P.L.1-2009, SEC.14; P.L.43-2009,SEC.1; P.L.77-2009, SEC.2; P.L.93-2009, SEC.1; P.L.1-2010,SEC.11.
IC 5-2-1-10
Authority to enter into agreements
Sec. 10. The board shall have the authority to enter into
agreements with other agencies, colleges, and universities to carryout the intent of this chapter.
(Formerly: Acts 1967, c.209, s.10.) As amended by P.L.25-1986,SEC.5.
IC 5-2-1-10.5
Southwest Indiana law enforcement training academy
Sec. 10.5. (a) The board may adopt rules under IC 4-22-2 toestablish a southwest Indiana law enforcement training academy.
(b) If the board adopts rules under subsection (a) to establish asouthwest Indiana law enforcement training academy, the board shallin accordance with IC 4-22-2 adopt rules establishing minimumstandards for the southwest Indiana law enforcement trainingacademy.
(c) The southwest Indiana law enforcement training academy mayprovide:
(1) basic training to a law enforcement officer who is notaccepted by the law enforcement academy for the next basictraining course because the academy does not have a space forthe officer in the next basic training course;
(2) pre-basic courses described in section 9(f) of this chapter;
(3) inservice training described in section 9(g) of this chapter;and
(4) other law enforcement training approved by the board;
if the training academy meets or exceeds the minimum standardsestablished under subsection (b) by the board.
(d) The southwest Indiana law enforcement training academyestablished under this section may receive funding only from thefollowing:
(1) A local unit of government (as defined in IC 14-22-31.5-1).
(2) A unit of a fraternal order or a similar association.
(3) Charitable contributions.
(4) Federal grants.
As added by P.L.62-2004, SEC.2. Amended by P.L.2-2005, SEC.13.
IC 5-2-1-11
Powers; establishing training programs
Sec. 11. (a) The board is further authorized and empowered, inaccordance with the rule making power granted in section 9 of thischapter, to adopt all necessary rules to:
(1) establish inservice and advanced training programs, andminimum courses of study and attendance requirements forsuch programs, to ensure that all appointed and elected lawenforcement officers may be offered training in currentenforcement and related subjects;
(2) establish training programs for railroad police, prison andindustrial guards, postsecondary educational institution safetyand security personnel, whether public or private, and suchother enforcement related groups as the board may deemnecessary, on a voluntary enrollment basis; (3) establish policies and procedures governing the use of stateowned law enforcement training facilities constructed orestablished pursuant to this chapter; and
(4) give public notice of any other policies, procedures,functions, or requirements which the board may deem necessaryand appropriate to carry out the provisions of this chapter.
(b) The board is further authorized and empowered to:
(1) recommend or conduct studies, make surveys, and requiresuch reports to be made by the chief administrative officer ofany law enforcement agency or department of the state or anyof its political subdivisions as may be necessary to carry out theobjectives and purposes of this chapter;
(2) originate, compile, and disseminate lecture outlines andother training material, and design and furnish forms andcertificates necessary to carry out and certify compliance withthe training program authorized or required by this chapter; and
(3) perform such other acts as may be necessary and appropriateto carry out the duties, responsibilities, and functions of theboard as set forth in this chapter.
(Formerly: Acts 1967, c.209, s.11; Acts 1973, P.L.29, SEC.1.) Asamended by P.L.25-1986, SEC.6; P.L.52-2005, SEC.7; P.L.2-2007,SEC.73.
IC 5-2-1-12
Further powers
Sec. 12. The board or any of its designated representatives arefurther authorized and empowered to:
(1) visit and inspect any law enforcement training school of thestate or any of its political subdivisions for the purpose ofdetermining whether or not the minimum standards establishedpursuant to this chapter are being complied with and to issue orrevoke certificates indicating such compliance;
(2) issue and revoke certificates for instructors qualified orunqualified to participate in law enforcement training under theprovisions of this chapter;
(3) issue, authorize, or revoke the issuance of:
(A) diplomas;
(B) certificates;
(C) badges; and
(D) other documents showing compliance and qualification;
to law enforcement officers or other persons trained under theprovisions of this chapter;
(4) consult with and cooperate with any law enforcementagency of the state or any of its political subdivisions for thedevelopment of inservice and advanced training programs forthe fulfillment of specific needs in law enforcement;
(5) consult with and cooperate with universities, colleges, andinstitutes for the development of specialized courses of study inpolice science and administration;
(6) consult with and cooperate with other departments and
agencies concerned with law enforcement training; and
(7) perform such other acts as may be necessary or appropriateto carry out the provisions of this chapter.
(Formerly: Acts 1967, c.209, s.12.) As amended by P.L.25-1986,SEC.7; P.L.52-2005, SEC.8.
IC 5-2-1-12.5
Revocation of diploma, certificate, or badge; immunity for reportof cause for revocation; investigation of cause for revocation;hearing on cause for revocation; application for reinstatement
Sec. 12.5. (a) The board may revoke a diploma, certificate, badge,or other document showing compliance and qualification issued bythe board for any of the following reasons:
(1) The officer has been convicted of:
(A) a felony; or
(B) two (2) or more misdemeanors that would cause areasonable person to believe that the officer is potentiallydangerous or violent or has a propensity to violate the law.
(2) The officer has been found not guilty of a felony by reasonof mental disease or defect.
(3) The officer's diploma, certificate, badge, or other documentshowing compliance and qualification was issued in error orwas issued on the basis of information later determined to befalse.
(b) A person who knows of cause for the revocation of an officer'sdiploma, certificate, badge, or other document showing complianceand qualification shall inform the officer's hiring or appointingauthority or the board. A person who makes a good faith report ofcause for revocation of an officer's diploma, certificate, badge, orother document showing compliance and qualification is immunefrom civil liability.
(c) If the chief executive officer receives a report of cause forrevocation concerning an officer within the chief executive officer'sagency, the chief executive officer shall:
(1) cause the internal affairs division (or a similar unit) of theagency to investigate the report without unnecessary delay; or
(2) request that the investigation be conducted by a lawenforcement agency other than the law enforcement agency towhich the subject of the investigation belongs.
(d) If a hiring or appointing authority receives a report of causefor revocation concerning the chief executive officer, the hiring orappointing authority shall cause an appropriate investigative agencyto investigate without unnecessary delay.
(e) If the board receives a report or otherwise learns of cause forrevocation concerning a law enforcement officer or chief executiveofficer, the board shall consider the report and direct the executivedirector to notify the subject officer's hiring or appointing authorityabout the report and request an investigation. The hiring orappointing authority shall cause an investigation to be conducted byan appropriate investigative agency without unnecessary delay. (f) When a hiring or appointing authority completes aninvestigation of cause for revocation, the hiring or appointingauthority shall forward a complete report of its investigation,findings, and recommendations, if any, to the board. The hiring orappointing authority shall also forward to the board a description ofany administrative or disciplinary action taken as a result of theinvestigation not later than sixty (60) days after the hiring orappointing authority takes administrative or disciplinary action.
(g) Except as provided in subsection (h), if the board receives theresults of an investigation described in subsection (f), the board shallconduct a hearing on the report, considering the report, therecommendations, and any additional information. The board shallprovide the officer who is the subject of the report with notice and anopportunity to be heard. The board may appoint the executivedirector or another qualified person to present the report and theresults of the investigation to the board. In determining whether torevoke the subject officer's diploma, certificate, badge, or otherdocument showing compliance and qualification, the board shallconsider the opinion and testimony of the hiring or appointingauthority. If the board determines that cause for revocation exists, theboard may revoke the subject officer's diploma, certificate, badge, orother document showing compliance and qualification. The boardshall send notice of revocation by certified mail to the subjectofficer's hiring or appointing authority. The subject officer maypursue judicial review of the board's action under IC 4-21.5-5-13.
(h) When the board receives the results of an investigationdescribed in subsection (f), the board may, instead of conducting ahearing under subsection (g), direct the executive director or anotherqualified person to serve as an administrative law judge to conductthe hearing described in subsection (g). If the administrative lawjudge determines that cause for revocation exists, the administrativelaw judge shall revoke the subject officer's diploma, certificate,badge, or other document showing compliance and qualification andnotify the subject officer by certified mail of the decision, withnotice of the subject officer's right to appeal to the board not laterthan fifteen (15) days after receipt of the notice. An appeal to theboard must be in writing and may be decided by the board without ahearing. The board shall notify the subject officer of the board'sappellate decision under this subsection by certified mail. Thesubject officer may pursue judicial review of the board's action underIC 4-21.5-5-13.
(i) An officer whose diploma, certificate, badge, or otherdocument showing compliance and qualification has been revokedmay apply to the board for reinstatement. The application forreinstatement:
(1) must be in writing; and
(2) must show:
(A) that the cause for revocation no longer exists legally; or
(B) that reinstatement is otherwise appropriate and that theapplicant poses no danger to the public and can perform as
a law enforcement officer according to the board's standards.
The board may direct the executive director to investigate theapplication for reinstatement and make a report to the board. Theboard shall consider the application and notify the applicant bycertified mail of the board's decision.
As added by P.L.52-2005, SEC.9.
IC 5-2-1-13
Law enforcement academy building fund; law enforcementtraining fund; creation; deposits; disposition
Sec. 13. (a) There is created a continuing fund which shall beknown as the law enforcement academy building fund. The fundconsists of amounts deposited under IC 33-37-7-9. This fund may beused by the board to acquire for the state of Indiana land andinterests in and to land, and to construct upon such land a fullyequipped law enforcement academy to consist of classrooms,housing facilities, a cafeteria, firearms ranges, a driving course, andother physical facilities which are deemed necessary in the discretionof the board for the basic, inservice, and advanced training of lawenforcement officers in the skills and techniques of law enforcement.Any balance of the fund that is unexpended at the end of any fiscalyear shall not revert to the general fund but shall be carried forwardas an appropriation for the next fiscal year. Expenditures may bemade by the board for, among other things, all expenses required forland acquisition and transfer, including but not limited to personalservices, appraisers fees, and the cost of acquiring any interest inland and the construction and maintenance of improvements thereon.The budget agency may, with the approval of the board and thegovernor, make allocations and transfers of funds appropriated by thegeneral assembly to state agencies having jurisdiction and controlover land acquired by the board for the purposes stated herein, exceptthat such allocations and transfers shall not be made in theacquisition of land which has been declared surplus land of the statepursuant to statute. The board is hereby further authorized to acquiresaid land and law enforcement academy buildings by gift, donation,bequest, devise, exchange, purchase, or eminent domain, or othermeans. However, any money or proceeds from gifts, bequests, grants,or other donations shall be deposited in a special donation fundwhich is hereby established for the purposes outlined in this section,for the use of the board to accomplish said purposes. No part of saidspecial donation fund shall revert to the general fund of the stateunless specified by the donor as a condition to his gift. All land andacademy buildings, however acquired, shall become the property ofthe state.
(b) There is created a continuing fund which shall be known asthe law enforcement training fund. The fund consists of amountsdeposited under IC 33-37-7-9. The board is further authorized toaccept gifts and grants of money, services, or property to supplementthe law enforcement training fund and to use the same for anypurpose consistent with the authorized uses of said fund. This fund
may be used by the board for the following purposes:
(1) Building and grounds maintenance for the law enforcementacademy.
(2) Training equipment and supplies necessary to operate thelaw enforcement academy.
(3) Aid to approved law enforcement training schools certifiedas having met or exceeded the minimum standards establishedby the board.
(4) Personal services, as authorized by the board with theapproval of the governor.
(5) Any other purpose necessary to carry out the provisions ofthis chapter, as determined by the board.
(Formerly: Acts 1967, c.209, s.13; Acts 1973, P.L.30, SEC.1.) Asamended by Acts 1976, P.L.9, SEC.2; Acts 1982, P.L.32, SEC.1;P.L.31-1986, SEC.1; P.L.32-1986, SEC.1; P.L.305-1987, SEC.4;P.L.30-1992, SEC.3; P.L.98-2004, SEC.48.
IC 5-2-1-14
Executive director
Sec. 14. There is hereby created the position of executive directorof the law enforcement training board. The executive director shallbe selected by the board and the executive director's tenure of officeshall be protected by a four (4) year, renewable contract ofemployment which may be terminated earlier by the board only forinefficiency, incompetence, neglect of duty, or other good cause afterhaving been accorded a hearing by the board upon reasonable noticeof the charge being made against the executive director. A vote of atleast eleven (11) members of the board shall be necessary for theearly termination of said contract of employment. The executivedirector shall be selected on the basis of education, training, andexperience and shall have at least ten (10) years experience as anactive law enforcement officer, at least five (5) years of which shallhave been in an executive or administrative capacity. The executivedirector shall perform such duties as may be assigned by the boardand shall be the chief administrative officer of the law enforcementacademy. The salary and compensation for the executive director, thetraining staff, and employees shall be fixed by the board with theapproval of the governor. The executive director shall establish atable of organization to be supplemented with job descriptions foreach position subordinate to that of the executive director, all ofwhich shall be subject to the approval of the board. All persons hiredto fill such approved vacancies shall be selected on the basis ofqualifications and merit based on training, education, and experiencethrough competitive examinations except that the filling of all newpositions shall be made so as to maintain in each equivalent positionnot more than one-half (1/2) of members of either of the two (2)major political parties. Employees and members of the training staffshall not be subject to discharge, demotion, or suspension because ofpolitical affiliation, but may be discharged, demoted, or suspendedonly for cause after charges preferred in writing by the executive
director. Any person so discharged or disciplined shall have a rightto a hearing before the board if such person requests a hearing bygiving notice to the executive director within fifteen (15) days afterreceiving written notice of discharge or disciplinary action.Procedures shall be consistent with IC 4-21.5.
(Formerly: Acts 1967, c.209, s.14; Acts 1973, P.L.30, SEC.2.) Asamended by P.L.5-1988, SEC.29; P.L.52-2005, SEC.10; P.L.1-2006,SEC.89.
IC 5-2-1-15
Facilities of law enforcement academy; availability; cost schedule
Sec. 15. (a) The facilities of the law enforcement academy shallbe available to any law enforcement agency of the state, or any of itspolitical subdivisions, subject to the rules of the board.
(b) Any law enforcement agency of the state, any of its politicalsubdivisions, or any board certified training center may conducttraining:
(1) for the law enforcement agency of any political subdivisionin Indiana; and
(2) in facilities other than those of the law enforcementacademy;
if the minimum standards established by the board are met orexceeded.
(c) A law enforcement agency or a board certified training centerconducting approved local training under subsection (b) shall beentitled to a per capita allowance from the law enforcement trainingfund to defray such portions of the cost of basic training as shall beapproved by the board. Such per capita allowance shall be earmarkedand expended only for law enforcement training.
(d) The facilities of the law enforcement academy shall beavailable for the training of railroad police, prison and industrialplant guards, postsecondary educational institution safety andsecurity personnel, whether public or private, and such otherenforcement related groups as shall be approved by the board, uponterms and conditions established by the board. Railroad police andnongovernmental enforcement related groups qualifying to use thefacilities of the academy under the rules of the board shall berequired to reimburse the law enforcement training fund for the costof such training.
(e) The facilities of the law enforcement academy may be used forthe training of firefighting personnel where the subject matter of thetraining relates to duties which involve law enforcement relatedconduct. Such training shall be conducted upon terms and conditionsestablished by the board. However, no volunteer firefighter isrequired to attend training at the academy.
(f) The cost of the mandatory basic training conducted by theboard at the facilities of the law enforcement academy shall be paidout of the law enforcement training fund, if the trainees have beenpreviously appointed and are on the payroll of a law enforcementdepartment or agency. All other training programs authorized by this
chapter and conducted at the law enforcement training academy,including the mandatory basic training course when attended bytrainees who have been investigated and approved but not yet hiredby a law enforcement agency, are subject to fee schedules andcharges for tuition, lodging, meals, instructors, training materials,and any other items or services established by the board.
(Formerly: Acts 1967, c.209, s.15; Acts 1973, P.L.29, SEC.2.) Asamended by Acts 1982, P.L.31, SEC.2; P.L.8-1984, SEC.6;P.L.30-1992, SEC.4; P.L.44-1993, SEC.1; P.L.78-1998, SEC.2;P.L.52-2005, SEC.11; P.L.2-2007, SEC.74.
IC 5-2-1-15.1
Medicaid fraud control unit investigator training
Sec. 15.1. (a) The facilities of the law enforcement academy maybe used for the training of investigators of the Medicaid fraud controlunit. The training shall be conducted upon the terms and conditionsestablished by the board.
(b) An investigator of the Medicaid fraud control unit employedas an investigator after June 30, 1994, may not enforce Medicaidfraud statutes, rules, or regulations unless the investigator has, withinone (1) year of the date of employment as an investigator,successfully completed the minimum basic training requirementsestablished under this chapter.
As added by P.L.10-1994, SEC.2.
IC 5-2-1-15.2
Board certified training center
Sec. 15.2. A board certified training center may provide basictraining to a law enforcement officer who is:
(1) employed by a law enforcement agency that is a memberagency of the law enforcement training center; and
(2) not accepted by the law enforcement academy for the nextbasic training course because the academy does not have aspace for the officer in the next basic training course.
As added by P.L.78-1998, SEC.3. Amended by P.L.27-2000, SEC.1;P.L.52-2005, SEC.12.
IC 5-2-1-16
Powers and duties of board as criminal justice agency
Sec. 16. As a designated criminal justice agency, the board:
(1) has all the duties and privileges of a police agency;
(2) may appoint, through its executive director, police officersfor the Indiana law enforcement academy;
(3) shall establish all rules, policies, and procedures concerningthe internal organization, duties, and responsibilities of thepolice agency, to include:
(A) prescribing a distinctive uniform;
(B) designating and operating emergency vehicles; and
(4) may undertake investigations according to the purposes ofthis chapter.As added by P.L.44-1985, SEC.2.
IC 5-2-1-17
Police officers; enforcement powers; duties; oath; training
Sec. 17. (a) Police officers appointed under this chapter have allnecessary law enforcement powers, including:
(1) the power to arrest, without process, all persons who withinthe police officer's view commit any felony or misdemeanor;
(2) all common law and statutory powers, privileges, andimmunities of sheriffs, except those specifically forbidden bythe board; and
(3) the power to serve civil process to the extent authorized bythe board.
(b) Police officers appointed under this chapter shall:
(1) preserve the peace, maintain order, and prevent the unlawfuluse of force or violence or other unlawful conduct on propertyowned or operated by the board;
(2) protect all persons and property located on property ownedor operated by the board from injury, harm, or damage;
(3) assist the executive director to enforce the rules of the boardor the Indiana law enforcement academy;
(4) assist and cooperate with other law enforcement agenciesand officers; and
(5) enforce the state motor vehicle laws and motor vehicle rulesestablished by the board on property owned or operated by theboard.
(c) Police officers appointed by the board:
(1) must take an appropriate oath of office in a form and mannerprescribed by the board;
(2) serve at the pleasure of the board; and
(3) must comply with the training requirements prescribedunder section 9 of this chapter.
As added by P.L.44-1985, SEC.3.
IC 5-2-1-18
<