CHAPTER 8. LAW ENFORCEMENT TRAINING AND CONTINUING EDUCATION
IC 5-2-8
Chapter 8. Law Enforcement Training and Continuing Education
IC 5-2-8-1
County law enforcement continuing education program
Sec. 1. (a) The following definitions apply in this section:
(1) "Abuse" means:
(A) conduct that causes bodily injury (as defined inIC 35-41-1-4) or damage to property; or
(B) a threat of conduct that would cause bodily injury (asdefined in IC 35-41-1-4) or damage to property.
(2) "County law enforcement agency" includes:
(A) postsecondary educational institution police officersappointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed underIC 20-26-16.
(b) There is established in each county a county law enforcementcontinuing education program. The program is funded by amountsappropriated under IC 33-37-8-4 or IC 33-37-8-6.
(c) A county law enforcement agency receiving amounts basedupon claims for law enforcement continuing education funds underIC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into thecounty law enforcement continuing education fund.
(d) Distribution of money in the county law enforcementcontinuing education fund shall be made to a county law enforcementagency without the necessity of first obtaining an appropriation fromthe county fiscal body.
(e) Money in excess of one hundred dollars ($100) that isunencumbered and remains in a county law enforcement continuingeducation fund for at least one (1) entire calendar year from the dateof its deposit shall, at the end of a county's fiscal year, be depositedby the county auditor in the law enforcement training fundestablished under IC 5-2-1-13(b).
(f) To make a claim under IC 33-37-8-6, a law enforcementagency shall submit to the fiscal body a verified statement of causenumbers for fees collected that are attributable to the lawenforcement efforts of that agency.
(g) A law enforcement agency shall submit a claim for fees underthis section in the same county fiscal year in which the fees arecollected under IC 33-37-4.
(h) A county law enforcement agency program shall provide toeach law enforcement officer employed by the county and mayprovide to each law enforcement officer employed by a city or townlaw enforcement agency within the county continuing educationconcerning the following:
(1) Duties of a law enforcement officer in enforcing restrainingorders, protective orders, temporary injunctions, and permanentinjunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests incases involving abuse. (3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcementofficer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of abuse.
(5) Information about the legal rights of and remedies availableto victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention inabuse cases.
(9) Services and facilities available to victims of abuse andabusers.
(10) Verification of restraining orders, protective orders,temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abusecases.
(12) Emergency assistance to victims of abuse and criminaljustice options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which a child may beseriously endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult(as defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
(18) Performing cardiopulmonary resuscitation and theHeimlich maneuver.
(i) A county law enforcement agency may enter into an agreementwith other law enforcement agencies to provide the continuingeducation required by this section and section 2(f) of this chapter.
As added by P.L.31-1986, SEC.2. Amended by P.L.305-1987, SEC.5;P.L.40-1988, SEC.1; P.L.52-1989, SEC.1; P.L.26-1990, SEC.3;P.L.2-1992, SEC.49; P.L.22-1994, SEC.1; P.L.1-1998, SEC.63;P.L.20-2001, SEC.1; P.L.1-2003, SEC.13; P.L.98-2004, SEC.50;P.L.2-2007, SEC.77; P.L.132-2007, SEC.1; P.L.20-2009, SEC.1;P.L.34-2010, SEC.1.
IC 5-2-8-2
Local law enforcement continuing education program
Sec. 2. (a) The following definitions apply in this section:
(1) "Abuse" has the meaning set forth in section 1(a) of thischapter.
(2) "City or town law enforcement agency" includes:
(A) postsecondary educational institution police officersappointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed underIC 20-26-16.
(b) There is established in each city and in each town with a cityor town court a local law enforcement continuing education program.
The program is funded by amounts appropriated under IC 33-37-8-4and fees collected under IC 9-29-4-2, IC 9-29-11-1, andIC 35-47-2-3.
(c) A city or town law enforcement agency receiving amountsbased upon claims for law enforcement continuing education fundsunder IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collectedinto the local law enforcement continuing education fund.
(d) Distribution of money in a local law enforcement continuingeducation fund shall be made to a city or town law enforcementagency without the necessity of first obtaining an appropriation fromthe fiscal body of the city or town.
(e) To make a claim under IC 33-37-8-4, a law enforcementagency shall submit to the fiscal body a verified statement of causenumbers for fees collected that are attributable to the lawenforcement efforts of that agency.
(f) A city or town law enforcement agency shall provide to eachlaw enforcement officer employed by the city or town lawenforcement agency continuing education concerning the following:
(1) Duties of a law enforcement officer in enforcing restrainingorders, protective orders, temporary injunctions, and permanentinjunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests incases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcementofficer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of abuse.
(5) Information about the legal rights of and remedies availableto victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention inabuse cases.
(9) Services and facilities available to victims of abuse andabusers.
(10) Verification of restraining orders, protective orders,temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abusecases.
(12) Emergency assistance to victims of abuse and criminaljustice options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which the child may beseriously endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult(as defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
(18) Performing cardiopulmonary resuscitation and the
Heimlich maneuver.
(g) A city or town law enforcement agency may enter into anagreement with other county, city, or town law enforcement agenciesto provide the continuing education required by this section andsection 1(h) of this chapter.
As added by P.L.31-1986, SEC.2. Amended by P.L.305-1987, SEC.6;P.L.40-1988, SEC.2; P.L.52-1989, SEC.2; P.L.26-1990, SEC.4;P.L.2-1992, SEC.50; P.L.48-1993, SEC.1; P.L.1-1994, SEC.16;P.L.22-1994, SEC.2; P.L.1-1998, SEC.64; P.L.20-2001, SEC.2;P.L.1-2003, SEC.14; P.L.98-2004, SEC.51; P.L.2-2007, SEC.78;P.L.132-2007, SEC.2; P.L.20-2009, SEC.2.
IC 5-2-8-3
Repealed
(Repealed by P.L.305-1987, SEC.38.)
IC 5-2-8-4
Repealed
(Repealed by P.L.305-1987, SEC.38.)
IC 5-2-8-5
State police training fund; claims against fund
Sec. 5. (a) There is established the state police training fund. Thefund consists of amounts collected under IC 33-37-4-1(b)(4),IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) on behalf of the statepolice department.
(b) If the state police department files a claim under IC 33-37-8-4or IC 33-37-8-6 against a city or town user fee fund or a county userfee fund, the fiscal officer of the city or town or the county auditorshall deposit fees collected under the cause numbers submitted by thestate police department into the state police training fund establishedunder this section.
(c) Claims against the state police training fund must be submittedin accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that isunencumbered and remains in the state police training fund for atleast one (1) entire calendar year from the date of its deposit shall, atthe end of the state's fiscal year, be deposited in the law enforcementtraining fund established under IC 5-2-1-13(b).
(e) As used in this subsection, "abuse" has the meaning set forthin section 1(a) of this chapter. As a part of the state policedepartment's in-service training, the department shall provide to eachlaw enforcement officer employed by the department continuingeducation concerning the following:
(1) Duties of a law enforcement officer in enforcing restrainingorders, protective orders, temporary injunctions, and permanentinjunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests incases involving abuse.
(3) Techniques for handling incidents of abuse that: (A) minimize the likelihood of injury to the law enforcementofficer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of the abuse.
(5) Information about the legal rights of and remedies availableto victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention inabuse cases.
(9) Services and facilities available to victims of abuse andabusers.
(10) Verification of restraining orders, protective orders,temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abusecases.
(12) Emergency assistance to victims of abuse and criminaljustice options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which a child may beseriously endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult(as defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
The cost of providing continuing education under this subsectionshall be paid from money in the state police training fund.
As added by P.L.31-1986, SEC.2. Amended by P.L.305-1987, SEC.7;P.L.52-1989, SEC.3; P.L.26-1990, SEC.5; P.L.2-1992, SEC.51;P.L.22-1994, SEC.3; P.L.1-1998, SEC.65; P.L.1-2003, SEC.15;P.L.98-2004, SEC.52.
IC 5-2-8-6
Use of funds received by law enforcement agency
Sec. 6. Funds received by a law enforcement agency under thischapter shall be used for the continuing education and training of lawenforcement officers employed by the agency and for equipment andsupplies for law enforcement purposes.
As added by P.L.31-1986, SEC.2. Amended by P.L.48-1993, SEC.2.
IC 5-2-8-7
Conservation officers training fund; claims against fund
Sec. 7. (a) There is established the conservation officers trainingfund. The department of natural resources shall administer the fund.The fund consists of amounts collected under IC 33-37-4-1(b)(4),IC 33-37-4-2(b)(3), and IC 33-37-4-3(b)(4) on behalf of thedepartment of natural resources.
(b) If the department of natural resources files a claim underIC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund ora county user fee fund, the fiscal officer of the city or town or the
county auditor shall deposit fees collected under the cause numberssubmitted by the department of natural resources into theconservation officers training fund established under this section.
(c) Claims against the conservation officers training fund must besubmitted in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that isunencumbered and remains in the conservation officers' training fundfor at least one (1) entire calendar year from the date of its depositshall, at the end of the state's fiscal year, be deposited in the lawenforcement training fund established under IC 5-2-1-13(b).
As added by P.L.41-1988, SEC.1. Amended by P.L.52-1989, SEC.4;P.L.98-2004, SEC.53.
IC 5-2-8-8
Alcoholic beverage enforcement officers' training fund;administration; claims; deposit of funds
Sec. 8. (a) There is established the alcoholic beverageenforcement officers' training fund. The alcohol and tobaccocommission shall administer the fund. The fund consists of amountscollected under IC 33-37-4-1(b)(4), IC 33-37-4-2(b)(3), andIC 33-37-4-3(b)(4) on behalf of the alcohol and tobacco commission.
(b) If the alcohol and tobacco commission files a claim underIC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund ora county user fee fund, the fiscal officer of the city or town or thecounty auditor shall deposit fees collected under the cause numberssubmitted by the alcohol and tobacco commission into the alcoholicbeverage enforcement officers' training fund established under thissection.
(c) Claims against the alcoholic beverage enforcement officers'training fund must be submitted in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that isunencumbered and remains in the alcoholic beverage enforcementofficers' training fund for at least one (1) entire calendar year fromthe date of its deposit shall, at the end of the state's fiscal year, bedeposited in the law enforcement training fund established underIC 5-2-1-13(b).
As added by P.L.40-1991, SEC.1. Amended by P.L.204-2001, SEC.9;P.L.98-2004, SEC.54.