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 in
IC 35-41-1-4) or damage to property; or
(B) a threat of conduct that would cause bodily injury (as
defined in IC 35-41-1-4) or damage to property.
(2) "County law enforcement agency" includes:
(A) postsecondary educational institution police officers
appointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed under
IC 20-26-16.
(b) There is established in each county a county law enforcement
continuing education program. The program is funded by amounts
appropriated under IC 33-37-8-4 or IC 33-37-8-6.
(c) A county law enforcement agency receiving amounts based
upon claims for law enforcement continuing education funds under
IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into the
county law enforcement continuing education fund.
(d) Distribution of money in the county law enforcement
continuing education fund shall be made to a county law enforcement
agency without the necessity of first obtaining an appropriation from
the county fiscal body.
(e) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in a county law enforcement continuing
education fund for at least one (1) entire calendar year from the date
of its deposit shall, at the end of a county's fiscal year, be deposited
by the county auditor in the law enforcement training fund
established under IC 5-2-1-13(b).
(f) To make a claim under IC 33-37-8-6, a law enforcement
agency shall submit to the fiscal body a verified statement of cause
numbers for fees collected that are attributable to the law
enforcement efforts of that agency.
(g) A law enforcement agency shall submit a claim for fees under
this section in the same county fiscal year in which the fees are
collected under IC 33-37-4.
(h) A county law enforcement agency program shall provide to
each law enforcement officer employed by the county and may
provide to each law enforcement officer employed by a city or town
law enforcement agency within the county continuing education
concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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.
(i) A county law enforcement agency may enter into an agreement
with other law enforcement agencies to provide the continuing
education 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 this
chapter.
(2) "City or town law enforcement agency" includes:
(A) postsecondary educational institution police officers
appointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed under
IC 20-26-16.
(b) There is established in each city and in each town with a city
or town court a local law enforcement continuing education program.
The program is funded by amounts appropriated under IC 33-37-8-4
and fees collected under IC 9-29-4-2, IC 9-29-11-1, and
IC 35-47-2-3.
(c) A city or town law enforcement agency receiving amounts
based upon claims for law enforcement continuing education funds
under IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected
into the local law enforcement continuing education fund.
(d) Distribution of money in a local law enforcement continuing
education fund shall be made to a city or town law enforcement
agency without the necessity of first obtaining an appropriation from
the fiscal body of the city or town.
(e) To make a claim under IC 33-37-8-4, a law enforcement
agency shall submit to the fiscal body a verified statement of cause
numbers for fees collected that are attributable to the law
enforcement efforts of that agency.
(f) A city or town law enforcement agency shall provide to each
law enforcement officer employed by the city or town law
enforcement agency continuing education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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 an
agreement with other county, city, or town law enforcement agencies
to provide the continuing education required by this section and
section 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. 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 the state
police department.
(b) If the state police department files a claim under IC 33-37-8-4
or IC 33-37-8-6 against a city or town user fee fund or a county user
fee fund, the fiscal officer of the city or town or the county auditor
shall deposit fees collected under the cause numbers submitted by the
state police department into the state police training fund established
under this section.
(c) Claims against the state police training fund must be submitted
in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in the state police training fund for at
least one (1) entire calendar year from the date of its deposit shall, at
the end of the state's fiscal year, be deposited in the law enforcement
training fund established under IC 5-2-1-13(b).
(e) As used in this subsection, "abuse" has the meaning set forth
in section 1(a) of this chapter. As a part of the state police
department's in-service training, the department shall provide to each
law enforcement officer employed by the department continuing
education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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 subsection
shall 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 this
chapter shall be used for the continuing education and training of law
enforcement officers employed by the agency and for equipment and
supplies 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 training
fund. 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 the
department of natural resources.
(b) If the department of natural resources files a claim under
IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or
a county user fee fund, the fiscal officer of the city or town or the
county auditor shall deposit fees collected under the cause numbers
submitted by the department of natural resources into the
conservation officers training fund established under this section.
(c) Claims against the conservation officers training fund must be
submitted in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in the conservation officers' training fund
for at least one (1) entire calendar year from the date of its deposit
shall, at the end of the state's fiscal year, be deposited in the law
enforcement 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 beverage
enforcement officers' training fund. The alcohol and tobacco
commission 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 the alcohol and tobacco commission.
(b) If the alcohol and tobacco commission files a claim under
IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or
a county user fee fund, the fiscal officer of the city or town or the
county auditor shall deposit fees collected under the cause numbers
submitted by the alcohol and tobacco commission into the alcoholic
beverage enforcement officers' training fund established under this
section.
(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 is
unencumbered and remains in the alcoholic beverage enforcement
officers' training fund for at least one (1) entire calendar year from
the date of its deposit shall, at the end of the state's fiscal year, be
deposited in the law enforcement training fund established under
IC 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.
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 in
IC 35-41-1-4) or damage to property; or
(B) a threat of conduct that would cause bodily injury (as
defined in IC 35-41-1-4) or damage to property.
(2) "County law enforcement agency" includes:
(A) postsecondary educational institution police officers
appointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed under
IC 20-26-16.
(b) There is established in each county a county law enforcement
continuing education program. The program is funded by amounts
appropriated under IC 33-37-8-4 or IC 33-37-8-6.
(c) A county law enforcement agency receiving amounts based
upon claims for law enforcement continuing education funds under
IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into the
county law enforcement continuing education fund.
(d) Distribution of money in the county law enforcement
continuing education fund shall be made to a county law enforcement
agency without the necessity of first obtaining an appropriation from
the county fiscal body.
(e) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in a county law enforcement continuing
education fund for at least one (1) entire calendar year from the date
of its deposit shall, at the end of a county's fiscal year, be deposited
by the county auditor in the law enforcement training fund
established under IC 5-2-1-13(b).
(f) To make a claim under IC 33-37-8-6, a law enforcement
agency shall submit to the fiscal body a verified statement of cause
numbers for fees collected that are attributable to the law
enforcement efforts of that agency.
(g) A law enforcement agency shall submit a claim for fees under
this section in the same county fiscal year in which the fees are
collected under IC 33-37-4.
(h) A county law enforcement agency program shall provide to
each law enforcement officer employed by the county and may
provide to each law enforcement officer employed by a city or town
law enforcement agency within the county continuing education
concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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.
(i) A county law enforcement agency may enter into an agreement
with other law enforcement agencies to provide the continuing
education 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 this
chapter.
(2) "City or town law enforcement agency" includes:
(A) postsecondary educational institution police officers
appointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed under
IC 20-26-16.
(b) There is established in each city and in each town with a city
or town court a local law enforcement continuing education program.
The program is funded by amounts appropriated under IC 33-37-8-4
and fees collected under IC 9-29-4-2, IC 9-29-11-1, and
IC 35-47-2-3.
(c) A city or town law enforcement agency receiving amounts
based upon claims for law enforcement continuing education funds
under IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected
into the local law enforcement continuing education fund.
(d) Distribution of money in a local law enforcement continuing
education fund shall be made to a city or town law enforcement
agency without the necessity of first obtaining an appropriation from
the fiscal body of the city or town.
(e) To make a claim under IC 33-37-8-4, a law enforcement
agency shall submit to the fiscal body a verified statement of cause
numbers for fees collected that are attributable to the law
enforcement efforts of that agency.
(f) A city or town law enforcement agency shall provide to each
law enforcement officer employed by the city or town law
enforcement agency continuing education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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 an
agreement with other county, city, or town law enforcement agencies
to provide the continuing education required by this section and
section 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. 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 the state
police department.
(b) If the state police department files a claim under IC 33-37-8-4
or IC 33-37-8-6 against a city or town user fee fund or a county user
fee fund, the fiscal officer of the city or town or the county auditor
shall deposit fees collected under the cause numbers submitted by the
state police department into the state police training fund established
under this section.
(c) Claims against the state police training fund must be submitted
in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in the state police training fund for at
least one (1) entire calendar year from the date of its deposit shall, at
the end of the state's fiscal year, be deposited in the law enforcement
training fund established under IC 5-2-1-13(b).
(e) As used in this subsection, "abuse" has the meaning set forth
in section 1(a) of this chapter. As a part of the state police
department's in-service training, the department shall provide to each
law enforcement officer employed by the department continuing
education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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 subsection
shall 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 this
chapter shall be used for the continuing education and training of law
enforcement officers employed by the agency and for equipment and
supplies 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 training
fund. 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 the
department of natural resources.
(b) If the department of natural resources files a claim under
IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or
a county user fee fund, the fiscal officer of the city or town or the
county auditor shall deposit fees collected under the cause numbers
submitted by the department of natural resources into the
conservation officers training fund established under this section.
(c) Claims against the conservation officers training fund must be
submitted in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in the conservation officers' training fund
for at least one (1) entire calendar year from the date of its deposit
shall, at the end of the state's fiscal year, be deposited in the law
enforcement 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 beverage
enforcement officers' training fund. The alcohol and tobacco
commission 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 the alcohol and tobacco commission.
(b) If the alcohol and tobacco commission files a claim under
IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or
a county user fee fund, the fiscal officer of the city or town or the
county auditor shall deposit fees collected under the cause numbers
submitted by the alcohol and tobacco commission into the alcoholic
beverage enforcement officers' training fund established under this
section.
(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 is
unencumbered and remains in the alcoholic beverage enforcement
officers' training fund for at least one (1) entire calendar year from
the date of its deposit shall, at the end of the state's fiscal year, be
deposited in the law enforcement training fund established under
IC 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.
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 in
IC 35-41-1-4) or damage to property; or
(B) a threat of conduct that would cause bodily injury (as
defined in IC 35-41-1-4) or damage to property.
(2) "County law enforcement agency" includes:
(A) postsecondary educational institution police officers
appointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed under
IC 20-26-16.
(b) There is established in each county a county law enforcement
continuing education program. The program is funded by amounts
appropriated under IC 33-37-8-4 or IC 33-37-8-6.
(c) A county law enforcement agency receiving amounts based
upon claims for law enforcement continuing education funds under
IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into the
county law enforcement continuing education fund.
(d) Distribution of money in the county law enforcement
continuing education fund shall be made to a county law enforcement
agency without the necessity of first obtaining an appropriation from
the county fiscal body.
(e) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in a county law enforcement continuing
education fund for at least one (1) entire calendar year from the date
of its deposit shall, at the end of a county's fiscal year, be deposited
by the county auditor in the law enforcement training fund
established under IC 5-2-1-13(b).
(f) To make a claim under IC 33-37-8-6, a law enforcement
agency shall submit to the fiscal body a verified statement of cause
numbers for fees collected that are attributable to the law
enforcement efforts of that agency.
(g) A law enforcement agency shall submit a claim for fees under
this section in the same county fiscal year in which the fees are
collected under IC 33-37-4.
(h) A county law enforcement agency program shall provide to
each law enforcement officer employed by the county and may
provide to each law enforcement officer employed by a city or town
law enforcement agency within the county continuing education
concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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.
(i) A county law enforcement agency may enter into an agreement
with other law enforcement agencies to provide the continuing
education 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 this
chapter.
(2) "City or town law enforcement agency" includes:
(A) postsecondary educational institution police officers
appointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed under
IC 20-26-16.
(b) There is established in each city and in each town with a city
or town court a local law enforcement continuing education program.
The program is funded by amounts appropriated under IC 33-37-8-4
and fees collected under IC 9-29-4-2, IC 9-29-11-1, and
IC 35-47-2-3.
(c) A city or town law enforcement agency receiving amounts
based upon claims for law enforcement continuing education funds
under IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected
into the local law enforcement continuing education fund.
(d) Distribution of money in a local law enforcement continuing
education fund shall be made to a city or town law enforcement
agency without the necessity of first obtaining an appropriation from
the fiscal body of the city or town.
(e) To make a claim under IC 33-37-8-4, a law enforcement
agency shall submit to the fiscal body a verified statement of cause
numbers for fees collected that are attributable to the law
enforcement efforts of that agency.
(f) A city or town law enforcement agency shall provide to each
law enforcement officer employed by the city or town law
enforcement agency continuing education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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 an
agreement with other county, city, or town law enforcement agencies
to provide the continuing education required by this section and
section 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. 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 the state
police department.
(b) If the state police department files a claim under IC 33-37-8-4
or IC 33-37-8-6 against a city or town user fee fund or a county user
fee fund, the fiscal officer of the city or town or the county auditor
shall deposit fees collected under the cause numbers submitted by the
state police department into the state police training fund established
under this section.
(c) Claims against the state police training fund must be submitted
in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in the state police training fund for at
least one (1) entire calendar year from the date of its deposit shall, at
the end of the state's fiscal year, be deposited in the law enforcement
training fund established under IC 5-2-1-13(b).
(e) As used in this subsection, "abuse" has the meaning set forth
in section 1(a) of this chapter. As a part of the state police
department's in-service training, the department shall provide to each
law enforcement officer employed by the department continuing
education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; 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 available
to 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 in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice 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 be
seriously 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 subsection
shall 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 this
chapter shall be used for the continuing education and training of law
enforcement officers employed by the agency and for equipment and
supplies 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 training
fund. 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 the
department of natural resources.
(b) If the department of natural resources files a claim under
IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or
a county user fee fund, the fiscal officer of the city or town or the
county auditor shall deposit fees collected under the cause numbers
submitted by the department of natural resources into the
conservation officers training fund established under this section.
(c) Claims against the conservation officers training fund must be
submitted in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in the conservation officers' training fund
for at least one (1) entire calendar year from the date of its deposit
shall, at the end of the state's fiscal year, be deposited in the law
enforcement 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 beverage
enforcement officers' training fund. The alcohol and tobacco
commission 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 the alcohol and tobacco commission.
(b) If the alcohol and tobacco commission files a claim under
IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or
a county user fee fund, the fiscal officer of the city or town or the
county auditor shall deposit fees collected under the cause numbers
submitted by the alcohol and tobacco commission into the alcoholic
beverage enforcement officers' training fund established under this
section.
(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 is
unencumbered and remains in the alcoholic beverage enforcement
officers' training fund for at least one (1) entire calendar year from
the date of its deposit shall, at the end of the state's fiscal year, be
deposited in the law enforcement training fund established under
IC 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.
