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AN ACT relating to police officer mental health. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 15.440 is amended to read as follows: 3
(1) Each unit of government that meets the following requirements shall be eligible to 4
share in the distribution of funds from the Law Enforcement Foundation Program 5
fund: 6
(a) Employs one (1) or more police officers; 7
(b) Pays every police officer at least the minimum federal wage; 8
(c) Requires all police officers to have, at a minimum, a high school degree, or its 9
equivalent as determined by the council, except that each police officer 10
employed prior to the date on which the officer's police department was 11
included as a participant under KRS 15.410 to 15.510 shall be deemed to have 12
met the requirements of this subsection; 13
(d) 1. Requires all police officers to successfully complete a basic training 14
course of nine hundred twenty-eight (928) hours' duration within one (1) 15
year of the date of employment at a school certified or recognized by the 16
council, which may provide a different number of hours of instruction as 17
established in this paragraph, except that each police officer employed 18
prior to the date on which the officer's police department was included 19
as a participant under KRS 15.410 to 15.510 shall be deemed to have 20
met the requirements of this subsection. 21
2. As the exclusive method by which the number of hours required for 22
basic training courses shall be modified from that which is specifically 23
established by this paragraph, the council may, by the promulgation of 24
administrative regulations in accordance with the provisions of KRS 25
Chapter 13A, explicitly set the exact number of hours for basic training 26
at a number different from nine hundred twenty-eight (928) hours based 27 UNOFFICIAL COPY 23 RS BR 284
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upon a training curriculum approved by the Kentucky Law Enforcement 1
Council as determined by a validated job task analysis. 2
3. If the council sets an exact number of hours different from nine hundred 3
twenty-eight (928) in an administrative regulation as provided by this 4
paragraph, it shall not further change the number of hours required for 5
basic training without promulgating administrative regulations in 6
accordance with the provisions of KRS Chapter 13A. 7
4. Nothing in this paragraph shall be interpreted to prevent the council, 8
pursuant to its authority under KRS 15.330, from approving training 9
schools with a curriculum requiring attendance of a number of hours 10
that exceeds nine hundred twenty-eight (928) hours or the number of 11
hours established in an administrative regulation as provided by 12
subparagraphs 2. and 3. of this paragraph. However, the training 13
programs and schools for the basic training of law enforcement 14
personnel conducted by the department pursuant to KRS 15A.070 shall 15
not contain a curriculum that requires attendance of a number of hours 16
for basic training that is different from nine hundred twenty-eight (928) 17
hours or the number of hours established in an administrative regulation 18
promulgated by the council pursuant to the provisions of KRS Chapter 19
13A as provided by subparagraphs 2. and 3. of this paragraph. 20
5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 21
to the contrary notwithstanding, the council may, through the 22
promulgation of administrative regulations in accordance with KRS 23
Chapter 13A, approve basic training credit for: 24
a. Years of service credit as a law enforcement officer with previous 25
service in another state; and 26
b. Basic training completed in another state. 27 UNOFFICIAL COPY 23 RS BR 284
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6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph 1
to the contrary notwithstanding, the council may, through the 2
promulgation of administrative regulations in accordance with KRS 3
Chapter 13A, approve basic training credit for: 4
a. Completion of eight hundred forty-eight (848) hours of training at 5
a school established pursuant to KRS 15A.070; 6
b. A minimum of fifteen (15) years of experience as a certified law 7
enforcement instructor at a school established pursuant to KRS 8
15A.070; 9
c. Completion of an average of forty (40) hours of Kentucky Law 10
Enforcement Council approved in-service training annually from 11
January 1, 1997, through January 1, 2020; 12
d. Three (3) years of active, full-time service as a: 13
i. City, county, urban-county, charter county, consolidated 14
local, or unified local government police officer; 15
ii. Sheriff's deputy, excluding special deputies appointed under 16
KRS 70.045; 17
iii. Department of Kentucky State Police officer; or 18
iv. Kentucky Department of Fish and Wildlife Resources 19
conservation officer exercising peace officer powers under 20
KRS 150.090; and 21
e. Completion of the: 22
i. Twenty-four (24) hour legal update Penal Code course; 23
ii. Sixteen (16) hour legal update constitutional procedure 24
course; and 25
iii. Forty (40) hour basic officer skills course within one (1) year 26
prior to applying for certification; 27 UNOFFICIAL COPY 23 RS BR 284
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(e) Requires all police officers to successfully complete each calendar year an in-1
service training course, appropriate to the officer's rank and responsibility and 2
the size and location of the officer's police department, of forty (40) hours' 3
duration, at a school certified or recognized by the council which may include 4
a four (4) hour course which meets the requirements of paragraph (j) of this 5
subsection. This in-service training requirement shall be waived for the period 6
of time that a peace officer is serving on active duty in the United States 7
Armed Forces. This waiver shall be retroactive for peace officers from the 8
date of September 11, 2001; 9
(f) Complies with all provisions of law applicable to police officers or police 10
departments, including transmission of data to the centralized criminal history 11
record information system as required by KRS 17.150 and transmission of 12
reports as required by KRS 15.391; 13
(g) Complies with all rules and regulations, appropriate to the size and location of 14
the police department issued by the cabinet to facilitate the administration of 15
the fund and further the purposes of KRS 15.410 to 15.510; 16
(h) Possesses a written policy and procedures manual related to domestic violence 17
for law enforcement agencies that has been approved by the cabinet. The 18
policy shall comply with the provisions of KRS 403.715 to 403.785. The 19
policy shall include a purpose statement; definitions; supervisory 20
responsibilities; procedures for twenty-four (24) hour access to protective 21
orders; procedures for enforcement of court orders or relief when protective 22
orders are violated; procedures for timely and contemporaneous reporting of 23
adult abuse and domestic violence to the Cabinet for Health and Family 24
Services, Department for Community Based Services; victim rights, 25
assistance, and service responsibilities; and duties related to timely 26
completion of records; 27 UNOFFICIAL COPY 23 RS BR 284
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(i) Possesses by January 1, 2023, a written policy and procedures manual related 1
to sexual assault examinations that meets the standards provided by, and has 2
been approved by, the cabinet, and which includes: 3
1. A requirement that evidence collected as a result of an examination 4
performed under KRS 216B.400 be taken into custody within five (5) 5
days of notice from the collecting facility that the evidence is available 6
for retrieval; 7
2. A requirement that evidence received from a collecting facility relating 8
to an incident which occurred outside the jurisdiction of the police 9
department be transmitted to a police department with jurisdiction 10
within ten (10) days of its receipt by the police department; 11
3. A requirement that all evidence retrieved from a collecting facility under 12
this paragraph be transmitted to the Department of Kentucky State 13
Police forensic laboratory within thirty (30) days of its receipt by the 14
police department; 15
4. A requirement that a suspect standard, if available, be transmitted to the 16
Department of Kentucky State Police forensic laboratory with the 17
evidence received from a collecting facility; 18
5. A process for notifying the victim from whom the evidence was 19
collected of the progress of the testing, whether the testing resulted in a 20
match to other DNA samples, and if the evidence is to be destroyed. The 21
policy may include provisions for delaying notice until a suspect is 22
apprehended or the office of the Commonwealth's attorney consents to 23
the notification, but shall not automatically require the disclosure of the 24
identity of any person to whom the evidence matched; and 25
6. A requirement that DNA samples collected as a result of an examination 26
performed under KRS 216B.400 that are voluntarily submitted solely for 27 UNOFFICIAL COPY 23 RS BR 284
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elimination purposes shall not be checked against any DNA index, 1
retained, or included in any DNA index;[ and] 2
(j) Requires all police officers to successfully complete by December 31, 2022, 3
and every two (2) years thereafter, a training course certified by the council of 4
not less than four (4) hours in emergency vehicle operation; and 5
(k) Possesses by January 1, 2024, a written policy and procedures manual 6
related to police officer mental health programs that includes a requirement 7
that: 8
1. All police officers are allowed to use his or her sick leave to attend 9
mental health counseling sessions. If the police officer does not have 10
sufficient sick leave, the officer shall be allowed to use up to four (4) 11
additional hours of paid or unpaid leave per month to attend sessions; 12
2. All police officers in a supervisor role receive specialized training on 13
supporting police officers with mental health needs; 14
3. All police officers receive reimbursement for the cost of mental health 15
treatment as funds become available; and 16
4. No police officer shall be suspended, terminated, or demoted because 17
of the police officer's participation in mental health treatment. 18
(2) A unit of government which meets the criteria of this section shall be eligible to 19
continue sharing in the distribution of funds from the Law Enforcement Foundation 20
Program fund only if the police department of the unit of government remains in 21
compliance with the requirements of this section. 22
(3) Deputies employed by a sheriff's office shall be eligible to participate in the 23
distribution of funds from the Law Enforcement Foundation Program fund 24
regardless of participation by the sheriff. 25
(4) Failure to meet a deadline established in a policy adopted pursuant to subsection 26
(1)(i) of this section for the retrieval or submission of evidence shall not be a basis 27 UNOFFICIAL COPY 23 RS BR 284
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for a dismissal of a criminal action or a bar to the admissibility of the evidence in a 1
criminal action. 2