| 44 | | - | Education and Training; amending 70 O.S. 2021, |
|---|
| 45 | | - | Section 3311; removing certain background |
|---|
| 46 | | - | investigation requirement; and prohibiting the |
|---|
| 47 | | - | certification or employment of certain persons. |
|---|
| 41 | + | Education and Training; amending 70 O.S. 2011, |
|---|
| 42 | + | Section 3311, as last amended by Section 1, Chapter |
|---|
| 43 | + | 245, O.S.L. 2019 (70 O.S. Supp. 2020, Section 3311) ; |
|---|
| 44 | + | removing certain background investigation |
|---|
| 45 | + | requirement; prohibiting the certification or |
|---|
| 46 | + | employment of certain persons; and providing an |
|---|
| 47 | + | effective date. |
|---|
| 48 | + | |
|---|
| 52 | | - | SECTION 1. AMENDATORY 70 O.S. 2 021, Section 3311, is |
|---|
| 53 | | - | amended to read as follows: |
|---|
| 53 | + | SECTION 1. AMENDATORY 70 O.S. 2011, Section 3311, as |
|---|
| 54 | + | last amended by Section 1, Chapter 245, O.S.L. 2019 (70 O.S. Supp. |
|---|
| 55 | + | 2020, Section 3311), is amended to read as follows: |
|---|
| 54 | 56 | | Section 3311. A. There is hereby created a Council on Law |
|---|
| 55 | 57 | | Enforcement Education and Training which shall be, and is hereby |
|---|
| 56 | 58 | | declared to be, a governmental law enforcement agency of the State |
|---|
| 57 | 59 | | of Oklahoma, body politic and corporate, with powers of government |
|---|
| 58 | 60 | | and with the authority to exercise the rights, privi leges and |
|---|
| 59 | 61 | | functions necessary to ensure the professional training and |
|---|
| 60 | 62 | | continuing education of law enforcement officers in the State of |
|---|
| 61 | 63 | | Oklahoma. These rights, privileges and functions include, but are |
|---|
| 91 | 92 | | Investigator Act and the Oklahoma Bail Enforcement and Licensing |
|---|
| 92 | 93 | | Act. The Council shall be authorized to require agency employees |
|---|
| 93 | 94 | | and the employees of agency contractors in positions to have access |
|---|
| 94 | 95 | | to Oklahoma Peace Officer records, Oklahoma Security Guard and |
|---|
| 95 | 96 | | Private Investigator records, Oklahoma Bail Enforcement and |
|---|
| 96 | 97 | | Licensing Act records, to be subject to a criminal history search by |
|---|
| 97 | 98 | | the Oklahoma State Bureau of Investigation, as we ll as be |
|---|
| 98 | 99 | | fingerprinted for submission of the fingerprints through the |
|---|
| 99 | 100 | | Oklahoma State Bureau of Investigation to the Federal Bureau of |
|---|
| 100 | 101 | | Investigation for a national criminal history check. The Council |
|---|
| 101 | 102 | | shall be the recipient of the results of the record chec k. In |
|---|
| 102 | 103 | | accordance with Section 150.9 of Title 74 of the Oklahoma Statutes, |
|---|
| 103 | 104 | | this includes a national criminal record with a finger print |
|---|
| 104 | 105 | | analysis. The Council shall be composed of thirteen (13) members as |
|---|
| 105 | 106 | | follows: |
|---|
| 106 | 107 | | 1. The Commissioner of the Department of Public Safety, or |
|---|
| 107 | 108 | | designee; |
|---|
| 108 | 109 | | 2. The Director of the Oklahoma State Bureau of Narcotics and |
|---|
| 109 | 110 | | Dangerous Drugs Control, or designee; |
|---|
| 110 | 111 | | 3. The Director of the Oklahoma State Bureau of Investigation, |
|---|
| 111 | 112 | | or designee; |
|---|
| 142 | 142 | | 5. One member appointed by the Governor who shall be a chief of |
|---|
| 143 | 143 | | police of a municipality with a population over one hundred thousand |
|---|
| 144 | 144 | | (100,000), as determined by the latest F ederal Decennial Census; |
|---|
| 145 | 145 | | 6. One member appointed by the Board of Directors of the |
|---|
| 146 | 146 | | Oklahoma Sheriffs' Association who shall be a sheriff of a county |
|---|
| 147 | 147 | | with a population under twenty -five thousand (25,000), as determined |
|---|
| 148 | 148 | | by the latest Federal Decennial Census ; |
|---|
| 149 | 149 | | 7. One member appointed by the Oklahoma Association of Police |
|---|
| 150 | 150 | | Chiefs who shall be a chief of police representing a municipality |
|---|
| 151 | 151 | | with a population over ten thousand (10,000), as determined by the |
|---|
| 152 | 152 | | latest Federal Decennial Census; |
|---|
| 153 | 153 | | 8. One member shall be a ppointed by the Board of Directors of |
|---|
| 154 | 154 | | the Oklahoma Sheriffs ' Association who shall be a sheriff of a |
|---|
| 155 | 155 | | county with a population of twenty -five thousand (25,000) or more, |
|---|
| 156 | 156 | | as determined by the latest Federal Decennial Census; |
|---|
| 157 | 157 | | 9. One member appointed by the Bo ard of Directors of the |
|---|
| 158 | 158 | | Fraternal Order of Police who shall have experience as a training |
|---|
| 159 | 159 | | officer; |
|---|
| 160 | 160 | | 10. One member appointed by the Chancellor of Higher Education |
|---|
| 161 | 161 | | who shall be a representative of East Central University; |
|---|
| 193 | 192 | | 12. The President Pro Tempore of the Sen ate shall appoint one |
|---|
| 194 | 193 | | member from a list of three or more nominees submitted by a |
|---|
| 195 | 194 | | statewide organization representing cities and towns that is exempt |
|---|
| 196 | 195 | | from taxation under federal law and designated pursuant to the |
|---|
| 197 | 196 | | provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a); |
|---|
| 198 | 197 | | and |
|---|
| 199 | 198 | | 13. The Speaker of the House of Representatives shall appoint |
|---|
| 200 | 199 | | one member from a list of three or more nominees submitted by an |
|---|
| 201 | 200 | | organization that assists in the establishment of accreditation |
|---|
| 202 | 201 | | standards and training programs for law enforcement agencies |
|---|
| 203 | 202 | | throughout the State of Oklahoma. |
|---|
| 204 | 203 | | The Executive Director selected by the Council shall be an ex |
|---|
| 205 | 204 | | officio member of the Council and shall act as Secretary. The |
|---|
| 206 | 205 | | Council on Law Enforcement Education and Training shall select a |
|---|
| 207 | 206 | | chair and vice-chair from among its members. Members of the Council |
|---|
| 208 | 207 | | on Law Enforcement Education and Training shall not receive a salary |
|---|
| 209 | 208 | | for duties performed as members of the Council, but shall be |
|---|
| 210 | 209 | | reimbursed for their actual and necessary expenses incurred in the |
|---|
| 211 | 210 | | performance of Council duties pursuant to the provisions of the |
|---|
| 212 | 211 | | State Travel Reimbursement Act. |
|---|
| 244 | 242 | | standards, educational needs, and other matters imperative to |
|---|
| 245 | 243 | | upgrading Oklahoma law enforcement to professional status; |
|---|
| 246 | 244 | | 2. Promulgate rules with respect to such matters as |
|---|
| 247 | 245 | | certification, revoc ation, suspension, withdrawal and reinstatement |
|---|
| 248 | 246 | | of certification, minimum courses of study, testing and test scores, |
|---|
| 249 | 247 | | attendance requirements, equipment and facilities, minimum |
|---|
| 250 | 248 | | qualifications for instructors, minimum standards for basic and |
|---|
| 251 | 249 | | advanced in-service courses, and seminars for Oklahoma police and |
|---|
| 252 | 250 | | peace officers; |
|---|
| 253 | 251 | | 3. Authorize research, basic and advanced courses, and seminars |
|---|
| 254 | 252 | | to assist in program planning directly and through subcommittees; |
|---|
| 255 | 253 | | 4. Authorize additional staff and services necessary for |
|---|
| 256 | 254 | | program expansion; |
|---|
| 257 | 255 | | 5. Recommend legislation necessary to upgrade Oklahoma law |
|---|
| 258 | 256 | | enforcement to professional status; |
|---|
| 259 | 257 | | 6. Establish policies and regulations concerning the number, |
|---|
| 260 | 258 | | geographic and police unit distribution, and admission requirements |
|---|
| 261 | 259 | | of those receiving tuition or scholarship aid available through the |
|---|
| 262 | 260 | | Council. Such waiver of costs shall be limited to duly appointed |
|---|
| 295 | 292 | | the Council by law. An Executive Director appointed by the Council |
|---|
| 296 | 293 | | must qualify for the position with a bachelor or higher degree in |
|---|
| 297 | 294 | | law enforcement from an accredited college or university, or a |
|---|
| 298 | 295 | | bachelor or higher degree in a law -enforcement-related subject area, |
|---|
| 299 | 296 | | and a minimum of five (5) years of active law enforcement ex perience |
|---|
| 300 | 297 | | including, but not limited to, responsibility for enforcement, |
|---|
| 301 | 298 | | investigation, administration, training, or curriculum |
|---|
| 302 | 299 | | implementation. |
|---|
| 303 | 300 | | The Executive Director of the Council on Law Enforcement |
|---|
| 304 | 301 | | Education and Training may commission CLEET staff as pea ce officers |
|---|
| 305 | 302 | | for purposes consistent with the duties of CLEET as set out in state |
|---|
| 306 | 303 | | law. The powers and duties conferred on the Executive Director or |
|---|
| 307 | 304 | | any staff member appointed by the Executive Director as a peace |
|---|
| 308 | 305 | | officer shall not limit the powers and dutie s of other peace |
|---|
| 309 | 306 | | officers of this state or any political subdivision thereof. The |
|---|
| 310 | 307 | | Executive Director or any staff member appointed by the Executive |
|---|
| 311 | 308 | | Director as a peace officer may, upon request, assist any federal, |
|---|
| 312 | 309 | | state, county or municipal law enforceme nt agency; |
|---|
| 346 | 342 | | enforcement officer shall not exceed the authorized rates as |
|---|
| 347 | 343 | | provided for in the State Travel Reimbursement Act; provided, |
|---|
| 348 | 344 | | however, the Council may provide food and lodging to law enforcement |
|---|
| 349 | 345 | | officials attending any official course of instruction approved or |
|---|
| 350 | 346 | | conducted by the Council rather than paying for the provision of |
|---|
| 351 | 347 | | such food and lodging by an outside contracting agency or busines s |
|---|
| 352 | 348 | | establishment; |
|---|
| 353 | 349 | | 9. a. Certify canine teams, consisting of a dog and a |
|---|
| 354 | 350 | | handler working together as a team, trained to detect: |
|---|
| 355 | 351 | | (1) controlled dangerous substances, or |
|---|
| 356 | 352 | | (2) explosives, explosive materials, explosive |
|---|
| 357 | 353 | | devices, or materials which could be used t o |
|---|
| 358 | 354 | | construct an explosive device; |
|---|
| 359 | 355 | | provided, the dog of a certified canine team shall not |
|---|
| 360 | 356 | | be certified at any time as both a drug dog and a bomb |
|---|
| 361 | 357 | | dog, and any dog of a certified canine team who has |
|---|
| 362 | 358 | | been previously certified as either a drug dog or a |
|---|
| 397 | 392 | | enforcement department shall provide for its adoption. |
|---|
| 398 | 393 | | Once adopted the dog shall not be placed back into |
|---|
| 399 | 394 | | active service; |
|---|
| 400 | 395 | | 10. Enter into a lease, loan or other agreement with the |
|---|
| 401 | 396 | | Oklahoma Development Finance Authority or a local public trust for |
|---|
| 402 | 397 | | the purpose of facilitating the financing of a new facility for its |
|---|
| 403 | 398 | | operations and use and pledge, to the extent authorized by law, all |
|---|
| 404 | 399 | | or a portion of its receipts of the assessment penal ty herein |
|---|
| 405 | 400 | | referenced for the payment of its obligations under such lease, loan |
|---|
| 406 | 401 | | or other agreement. It is the intent of the Legislature to increase |
|---|
| 407 | 402 | | the assessment penalty to such a level or appropriate sufficient |
|---|
| 408 | 403 | | monies to the Council on Law Enforcement Ed ucation and Training to |
|---|
| 409 | 404 | | make payments on the lease, loan or other agreement for the purpose |
|---|
| 410 | 405 | | of retiring the bonds to be issued by the Oklahoma Development |
|---|
| 411 | 406 | | Finance Authority or local public trust. Such lease, loan or other |
|---|
| 412 | 407 | | agreement and the bonds issued to finance such facilities shall not |
|---|
| 413 | 408 | | constitute an indebtedness of the State of Oklahoma or be backed by |
|---|
| 414 | 435 | | the full faith and credit of the State of Oklahoma, and the lease, |
|---|
| 415 | 436 | | loan or other agreement and the bonds shall contain a statement to |
|---|
| 416 | 437 | | such effect; |
|---|
| 417 | 438 | | 11. Accept gifts, bequests, devises, contributions and grants, |
|---|
| 418 | 439 | | public or private, of real or personal property; |
|---|
| 419 | 440 | | 12. Appoint an advisory committee composed of representatives |
|---|
| 420 | 441 | | from security guard and private investigative agencies to advise the |
|---|
| 448 | 442 | | Council concerning necessary research, minimum standards for |
|---|
| 449 | 443 | | licensure, education, and other matters related to licensure of |
|---|
| 450 | 444 | | security guards, security guard agencies, private investigators, and |
|---|
| 451 | 445 | | private investigative agencies; |
|---|
| 452 | 446 | | 13. Enter into agreements with individuals, ed ucational |
|---|
| 453 | 447 | | institutions, agencies, and business and tribal entities for |
|---|
| 454 | 448 | | professional services, the use of facilities and supplies, and staff |
|---|
| 455 | 449 | | overtime costs incurred as a result of the user 's requests to |
|---|
| 456 | 450 | | schedule functions after -hours, on weekends, or anytim e such |
|---|
| 457 | 451 | | requests extend staff beyond its normal capacity, whereby |
|---|
| 458 | 452 | | contracting individuals, educational institutions, agencies, and |
|---|
| 459 | 453 | | business and tribal entities shall pay a fee to be determined by the |
|---|
| 460 | 454 | | Council by rule. All fees collected pursuant to faciliti es usage |
|---|
| 461 | 455 | | shall be deposited to the credit of the C.L.E.E.T. Training Center |
|---|
| 462 | 456 | | Revolving Fund created pursuant to Section 3311.6 of this title. |
|---|
| 463 | 457 | | All other fees collected pursuant to these agreements shall be |
|---|
| 464 | 458 | | deposited to the credit of the Peace Officer Revolv ing Fund created |
|---|
| 499 | 492 | | 15. Set minimal criteria relating to qualifications for chief |
|---|
| 500 | 493 | | of police administrative training pursuant to Section 34 -102 of |
|---|
| 501 | 494 | | Title 11 of the Oklahoma Statutes, assist in developing a course of |
|---|
| 502 | 495 | | training for a Police Chief Administrative School, and approve all |
|---|
| 503 | 496 | | police chief administrative training offered in this state; |
|---|
| 504 | 497 | | 16. Appoint a Curriculum Review Board to be composed of six (6) |
|---|
| 505 | 498 | | members as follows: |
|---|
| 506 | 499 | | a. one member shall be selected by the Chancellor for |
|---|
| 507 | 500 | | Higher Education, who possesses a background of |
|---|
| 508 | 501 | | creation and review of curriculum and experience |
|---|
| 509 | 502 | | teaching criminal justice or law enforcement courses, |
|---|
| 510 | 503 | | who shall serve an initial term of o ne (1) year, |
|---|
| 511 | 504 | | b. one member shall represent a municipal jurisdiction |
|---|
| 512 | 505 | | with a population of fifty thousand (50,000) or more |
|---|
| 513 | 506 | | and who shall be a management -level CLEET-certified |
|---|
| 514 | 507 | | training officer, who shall serve an initial term of |
|---|
| 515 | 508 | | two (2) years, |
|---|
| 550 | 542 | | and who shall be a CLEET -certified training officer, |
|---|
| 551 | 543 | | who shall serve an initial term of two (2) years, |
|---|
| 552 | 544 | | e. one member shall represent a county jurisdiction with |
|---|
| 553 | 545 | | a population of less than fift y thousand (50,000) and |
|---|
| 554 | 546 | | who shall be a CLEET -certified training officer, who |
|---|
| 555 | 547 | | shall serve an initial term of one (1) year, and |
|---|
| 556 | 548 | | f. one member selected by the Oklahoma Department of |
|---|
| 557 | | - | Career and Technology , who shall have experience in |
|---|
| 558 | | - | the creation and review of curriculum as well as |
|---|
| 559 | | - | experience in teaching criminal justice or law |
|---|
| 560 | | - | enforcement courses, who shall serve an initial term |
|---|
| 561 | | - | of three (3) years. |
|---|
| 549 | + | Career and Technology Education from the Curriculum |
|---|
| 550 | + | Material and Instructiona l Material Center, who shall |
|---|
| 551 | + | serve an initial term of three (3) years. |
|---|
| 601 | 590 | | local, county and state agencies and other agencies for use in |
|---|
| 602 | 591 | | actions where a certification or license issued by CLEET may be |
|---|
| 603 | 592 | | subject to disciplinary or other actions provided by law; |
|---|
| 604 | 593 | | 19. Summarily suspend a certification of a peace officer, |
|---|
| 605 | 594 | | without prior notice but otherwise subject to administrative |
|---|
| 606 | 595 | | proceedings, if CLEET finds that the actions of the certified peace |
|---|
| 607 | 596 | | officer may present a danger to the peace officer, the public, a |
|---|
| 608 | 597 | | family or household member, or involve a crime against a minor. A |
|---|
| 609 | 598 | | certified copy of the information or indictment charging such a |
|---|
| 610 | 599 | | crime shall be considered clear and convincing evidence of the |
|---|
| 611 | 600 | | charge; and |
|---|
| 612 | 601 | | 20. Approve law enforcement agencies and police departments in |
|---|
| 613 | 602 | | accordance with the following: |
|---|
| 614 | 603 | | a. this section applies only to an entity authorized by |
|---|
| 615 | 604 | | statute or by the Constitution to create a law |
|---|
| 616 | 605 | | enforcement agency or police department and |
|---|
| 617 | 606 | | commission, appoint, or employ officers that first |
|---|
| 618 | 607 | | creates or reactivates an inactive law enforcement |
|---|
| 652 | 640 | | (1) the need for the law enforcement agency or police |
|---|
| 653 | 641 | | department in the community, |
|---|
| 654 | 642 | | (2) the funding sources for the law enforcement |
|---|
| 655 | 643 | | agency or police department, and proof that no |
|---|
| 656 | 644 | | more than fifty percent (50%) of the funding of |
|---|
| 657 | 645 | | the entity will be derived from ticket revenu e or |
|---|
| 658 | 646 | | fines, |
|---|
| 659 | 647 | | (3) the physical resources available to officers, |
|---|
| 660 | 648 | | (4) the physical facilities that the law enforcement |
|---|
| 703 | 690 | | (6) the administrative structure of the law |
|---|
| 704 | 691 | | enforcement agency or police department, |
|---|
| 705 | 692 | | (7) liability insurance, and |
|---|
| 706 | 693 | | (8) any other information CLEET requires by rule, |
|---|
| 707 | 694 | | c. within sixty (60) days of receiving an entity 's |
|---|
| 708 | 695 | | request, CLEET will forward to the entity by certified |
|---|
| 709 | 696 | | mail, return receipt requested, a letter of |
|---|
| 710 | 697 | | authorization or denial to create a law enforcement |
|---|
| 711 | 698 | | agency or police department and commission, appoint, |
|---|
| 712 | 699 | | or employ officers, signed by the Executive Director |
|---|
| 713 | 700 | | of CLEET, and |
|---|
| 714 | 701 | | d. in cases of denial, the entity may appeal the decision |
|---|
| 715 | 702 | | of the Executive Director to the full CLEET Council. |
|---|
| 716 | 703 | | The Executive Director shall ensure that the final |
|---|
| 717 | 704 | | report is provided to all members of the Counc il. The |
|---|
| 718 | 705 | | Council shall review and make recommendations |
|---|
| 719 | 706 | | concerning the report at the first meeting of the |
|---|
| 720 | 707 | | Council to occur after all members of the Council have |
|---|
| 754 | 740 | | C. 1. Payment of any fee provided for in this section may be |
|---|
| 755 | 741 | | made by a nationally recognized credit or debit card issued to the |
|---|
| 756 | 742 | | applicant. The Council may publicly post and collect a fee for the |
|---|
| 757 | 743 | | acceptance of the nationally recognized credit or debit card not to |
|---|
| 758 | 744 | | exceed five percent (5%) of the amount of the payment. For purposes |
|---|
| 759 | 745 | | of this subsection, "nationally recognized credit card " means any |
|---|
| 760 | 746 | | instrument or device, whether known as a credit card, credit plate, |
|---|
| 761 | 747 | | charge plate, or by any other name, issued with or without fee by an |
|---|
| 762 | 748 | | issuer for the use of the cardholder in obtaining goods, services, |
|---|
| 763 | 749 | | or anything else of value and which is accepted b y over one thousand |
|---|
| 764 | 750 | | merchants in this state. "Debit card" means an identification card |
|---|
| 765 | 751 | | or device issued to a person by a business organization which |
|---|
| 766 | 752 | | permits such person to obtain access to or activate a consumer |
|---|
| 767 | 753 | | banking electronic facility. The Council s hall determine which |
|---|
| 768 | 754 | | nationally recognized credit or debit cards will be accepted as |
|---|
| 769 | 755 | | payment for fees. |
|---|
| 770 | 756 | | 2. Payment for any fee provided for in this title may be made |
|---|
| 771 | 757 | | by a business check. The Council may: |
|---|
| 805 | 790 | | of a check. For purposes of this subsection, |
|---|
| 806 | 791 | | "business check" shall not mean a money order, |
|---|
| 807 | 792 | | cashier's check, or bank certified check. |
|---|
| 808 | 793 | | D. Failure of the Legislature to appropriate necessary funds to |
|---|
| 809 | 794 | | provide for expenses and operations of the Council on Law |
|---|
| 810 | 795 | | Enforcement Education and Training shall not invalidate other |
|---|
| 811 | 796 | | provisions of this section relating to the creation and duties of |
|---|
| 812 | 797 | | the Council. |
|---|
| 813 | 798 | | E. 1. No person shall be eligible for employment as a peace |
|---|
| 814 | 799 | | officer or reserve peace officer until the emp loying law enforcement |
|---|
| 815 | 800 | | agency has conducted a background investigation of such person |
|---|
| 816 | 801 | | consisting of the following: |
|---|
| 817 | 802 | | a. a fingerprint search submitted to the Oklahoma State |
|---|
| 818 | 803 | | Bureau of Investigation with a return report to the |
|---|
| 819 | 804 | | submitting agency that such perso n has no felony |
|---|
| 820 | 805 | | record, |
|---|
| 821 | 806 | | b. a fingerprint search submitted to the Federal Bureau |
|---|
| 822 | 807 | | of Investigation with a return report to the |
|---|
| 856 | 840 | | d. the employing agency has verified that such person has |
|---|
| 857 | 841 | | a high school diploma or a GED equivalency certificate |
|---|
| 858 | 842 | | as recognized by state law, |
|---|
| 859 | 843 | | e. such person is not participating in a deferred |
|---|
| 860 | 844 | | sentence agreement for a felony, a crime involving |
|---|
| 861 | 845 | | moral turpitude or a crime of domestic violence, and |
|---|
| 862 | 846 | | does not have any criminal charges pending in any |
|---|
| 863 | 847 | | court in this state, another state, in trib al court or |
|---|
| 864 | 848 | | pursuant to the United States Code, |
|---|
| 865 | 849 | | f. such person is not currently subject to an order of |
|---|
| 866 | 850 | | the Council revoking, suspending, or accepting a |
|---|
| 867 | 851 | | voluntary surrender of peace officer certification, |
|---|
| 868 | 852 | | g. such person is not currently undergoing treatment for |
|---|
| 869 | 853 | | a mental illness, condition or disorder. For purposes |
|---|
| 870 | 854 | | of this subsection, "currently undergoing treatment |
|---|
| 871 | 855 | | for mental illness, condition or disorder " means the |
|---|
| 872 | 856 | | person has been diagnosed by a licensed physician, |
|---|
| 873 | 857 | | psychologist, or licensed mental health professional |
|---|
| 907 | 890 | | h. such person is twenty -one (21) years of age. |
|---|
| 908 | 891 | | Provided, this requirement shall not affect those |
|---|
| 909 | 892 | | persons who are already employed as a police or peace |
|---|
| 910 | 893 | | officer prior to November 1, 1985, and |
|---|
| 911 | 894 | | i. such person has provided p roof of United States |
|---|
| 912 | 895 | | citizenship or resident alien status, pursuant to an |
|---|
| 913 | 896 | | employment eligibility verification form from the |
|---|
| 914 | 897 | | United States Citizenship and Immigration Services . |
|---|
| 915 | 898 | | 2. To aid the evaluating psychologist in interpreting the test |
|---|
| 917 | 900 | | employing agency shall provide the psychologist a statement |
|---|
| 918 | 901 | | confirming the identity of the individual taking the test as the |
|---|
| 919 | 902 | | person who is employed or seeking employment as a peace officer of |
|---|
| 920 | 903 | | the agency and attesting that it administered the psychological |
|---|
| 921 | 904 | | instrument in accordance with standards within the test document. |
|---|
| 922 | 905 | | The psychologist shall report to the employing agency the evaluation |
|---|
| 923 | 906 | | of the assessment instrument and may include any additional |
|---|
| 924 | 907 | | recommendations to assist the employing agency in determining |
|---|
| 958 | 940 | | the employing agency shall certify to the Council that the |
|---|
| 959 | 941 | | evaluation was conducted in accordance with this provision and that |
|---|
| 960 | 942 | | the employee or applicant is suitable to serve as a peace officer in |
|---|
| 961 | 943 | | the State of Oklahoma. |
|---|
| 962 | 944 | | a. Any person found not to be suitable for employment or |
|---|
| 963 | 945 | | certification by the Council shall not be empl oyed, |
|---|
| 964 | 946 | | retained in employment as a peace officer, or |
|---|
| 965 | 947 | | certified by the Council for at least one (1) year, at |
|---|
| 966 | 948 | | which time the employee or applicant may be |
|---|
| 967 | 949 | | reevaluated by a psychologist licensed by the State of |
|---|
| 968 | 950 | | Oklahoma. This section shall also be applicable t o |
|---|
| 969 | 951 | | all reserve peace officers in the State of Oklahoma. |
|---|
| 970 | 952 | | b. Any person who is certified by CLEET and has undergone |
|---|
| 971 | 953 | | the psychological evaluation required by this |
|---|
| 972 | 954 | | subparagraph and has been found to be suitable as a |
|---|
| 973 | 955 | | peace officer shall not be required to be ree valuated |
|---|
| 974 | 956 | | for any subsequent employment as a peace officer |
|---|
| 975 | 957 | | following retirement or any break in service as a |
|---|
| 976 | 984 | | peace officer, unless such break in service exceeds |
|---|
| 977 | 985 | | five (5) years or the Council determines that a peace |
|---|
| 978 | 986 | | officer may present a danger to himself or herself, |
|---|
| 979 | 987 | | the public, or a family or household member. |
|---|
| 980 | 988 | | c. All persons seeking certification shall have their |
|---|
| 981 | 989 | | name, gender, date of birth, and address of such |
|---|
| 1009 | 990 | | person submitted to the Department of Mental Health |
|---|
| 1010 | 991 | | and Substance Abuse Services by the Council. The |
|---|
| 1011 | 992 | | Department of Mental Health and Substance Abuse |
|---|
| 1012 | 993 | | Services shall respond to the Council within ten (10) |
|---|
| 1013 | 994 | | days whether the computerized records of the |
|---|
| 1014 | 995 | | Department indicate the applicant has ever been |
|---|
| 1015 | 996 | | involuntarily committed to an Oklahoma state mental |
|---|
| 1016 | 997 | | institution. In the event that the Department of |
|---|
| 1017 | 998 | | Mental Health and Substance Abuse Services reports to |
|---|
| 1018 | 999 | | the Council that the applicant has been involuntarily |
|---|
| 1019 | 1000 | | committed, the Council shall immediately inform the |
|---|
| 1020 | 1001 | | employing agency. |
|---|
| 1021 | 1002 | | All basic police courses shall in clude a minimum of four (4) |
|---|
| 1022 | 1003 | | hours of education and training in recognizing and managing a person |
|---|
| 1023 | 1004 | | appearing to require mental health treatment or services. The |
|---|
| 1024 | 1005 | | training shall include training in crime and drug prevention, crisis |
|---|
| 1025 | 1006 | | intervention, youth and fam ily intervention techniques, recognizing, |
|---|
| 1026 | 1007 | | investigating and preventing abuse and exploitation of elderly |
|---|
| 1059 | 1039 | | For reserve deputies a basic reserve academy shall consist of a |
|---|
| 1060 | 1040 | | minimum of two hundred forty (240) hours. |
|---|
| 1061 | 1041 | | 3. Beginning January 1, 2018, any reserve pe ace officer who has |
|---|
| 1062 | 1042 | | completed the two-hundred-forty-hour reserve peace officer |
|---|
| 1063 | 1043 | | certification program and who has been in active service in that |
|---|
| 1064 | 1044 | | capacity for the past six (6) months shall be eligible to attend a |
|---|
| 1065 | 1045 | | three-hundred-sixty-hour basic full-time training academy to become |
|---|
| 1066 | 1046 | | certified as a full-time peace or police officer. |
|---|
| 1067 | 1047 | | 4. Every person who has not been certified as a police or peace |
|---|
| 1068 | 1048 | | officer and is duly appointed or elected as a police or peace |
|---|
| 1069 | 1049 | | officer shall hold such position on a temporary basis on ly, and |
|---|
| 1070 | 1050 | | shall, within six (6) months from the date of appointment or taking |
|---|
| 1071 | 1051 | | office, qualify as required in this subsection or forfeit such |
|---|
| 1072 | 1052 | | position. In computing the time for qualification, all service |
|---|
| 1073 | 1053 | | shall be cumulative from date of first appointment or taking office |
|---|
| 1074 | 1054 | | as a police or peace officer with any department in this state. |
|---|
| 1075 | 1055 | | a. The Council may extend the time requirement specified |
|---|
| 1076 | 1056 | | in this paragraph for good cause as determined by the |
|---|
| 1077 | 1057 | | Council. |
|---|
| 1110 | 1089 | | officer to forfeit the position, the district attorney |
|---|
| 1111 | 1090 | | shall file the proper action to cause the forfeiting |
|---|
| 1112 | 1091 | | of such position. The district court of the county |
|---|
| 1113 | 1092 | | where the officer is employed shall have jurisdiction |
|---|
| 1114 | 1093 | | to hear the case. |
|---|
| 1115 | 1094 | | 5. The Council may certify officers who have completed a course |
|---|
| 1116 | 1095 | | of study in another state deemed by the Council to meet standards |
|---|
| 1117 | 1096 | | for Oklahoma peace officers providing the officer 's certification in |
|---|
| 1118 | 1097 | | the other state has not been revoked or voluntarily surrendered and |
|---|
| 1119 | 1098 | | is not currently under suspension. |
|---|
| 1120 | 1099 | | 6. For purposes of this section, a police or peac e officer is |
|---|
| 1121 | 1100 | | defined as a full-time duly appointed or elected officer who is paid |
|---|
| 1122 | 1101 | | for working more than twenty -five (25) hours per week and whose |
|---|
| 1123 | 1102 | | duties are to preserve the public peace, protect life and property, |
|---|
| 1124 | 1103 | | prevent crime, serve warrants, transport p risoners, and enforce laws |
|---|
| 1125 | 1104 | | and ordinances of this state, or any political subdivision thereof; |
|---|
| 1126 | 1105 | | provided, elected sheriffs and their deputies and elected, |
|---|
| 1127 | 1106 | | appointed, or acting chiefs of police shall meet the requirements of |
|---|
| 1128 | 1107 | | this subsection within the first six (6) months after assuming the |
|---|
| 1161 | 1139 | | F. No person shall be certified as a police or peace officer by |
|---|
| 1162 | 1140 | | the Council or be employed by the state, a county, a city, or any |
|---|
| 1163 | 1141 | | political subdivision thereof, who is currently: |
|---|
| 1164 | 1142 | | 1. Is currently subject to an order of the Council revoking, |
|---|
| 1165 | 1143 | | suspending, or accepting a voluntary surrender of peace officer |
|---|
| 1166 | 1144 | | certification or who has; |
|---|
| 1167 | 1145 | | 2. Has been convicted of a felony, a crime involving moral |
|---|
| 1168 | 1146 | | turpitude, or a crime of domestic violen ce, unless a full pardon has |
|---|
| 1169 | 1147 | | been granted by the proper agency; however, any person who has been |
|---|
| 1170 | 1148 | | trained and certified by the Council on Law Enforcement Education |
|---|
| 1171 | 1149 | | and Training and is actively employed as a full -time peace officer |
|---|
| 1172 | 1150 | | as of November 1, 1985, sh all not be subject to the provisions of |
|---|
| 1173 | 1151 | | this subsection paragraph for convictions occurring prior to |
|---|
| 1174 | 1152 | | November 1, 1985; or |
|---|
| 1175 | 1153 | | 3. Is a permanent resident alien; provided, however, any person |
|---|
| 1176 | 1154 | | who has been trained and certified by the Council on Law Enforcement |
|---|
| 1177 | 1155 | | Education and Training and is actively employed as a full -time peace |
|---|
| 1178 | 1156 | | officer as of November 1, 2021, shall not be subject to the |
|---|
| 1179 | 1157 | | provisions of this paragraph . |
|---|
| 1211 | 1188 | | a. Oklahoma State Bureau of Investigation and Federal |
|---|
| 1212 | 1189 | | Bureau of Investigation reports, |
|---|
| 1213 | 1190 | | b. administration of the psychological tests provided for |
|---|
| 1214 | 1191 | | herein, |
|---|
| 1215 | 1192 | | c. performance in the course of study or other basis of |
|---|
| 1216 | 1193 | | certification, |
|---|
| 1217 | 1194 | | d. previous certifications issued, and |
|---|
| 1218 | 1195 | | e. any administrative or judicial determination denying |
|---|
| 1219 | 1196 | | certification. |
|---|
| 1220 | 1197 | | 2. An employing agency shall not be liable in any action |
|---|
| 1221 | 1198 | | arising out of the release of contents of personnel information |
|---|
| 1222 | 1199 | | relevant to the qualifications or ability of a person to perform the |
|---|
| 1223 | 1200 | | duties of a police or peace officer when such information is |
|---|
| 1224 | 1201 | | released pursuant to written authorization for release of |
|---|
| 1225 | 1202 | | information signed by such person and is provided to another |
|---|
| 1226 | 1203 | | employing agency which has employed or has received an application |
|---|
| 1227 | 1204 | | for employment from such person. |
|---|
| 1228 | 1205 | | 3. As used in this subsection, "employing agency" means a |
|---|
| 1229 | 1206 | | political subdivision or law enforcement age ncy which either has |
|---|
| 1262 | 1238 | | Council within ten (10) days. Failure to comply with the provisions |
|---|
| 1263 | 1239 | | of this subsection may disqualify a law enforcement agency from |
|---|
| 1264 | 1240 | | participating in training programs sponsored by the Council . Every |
|---|
| 1265 | 1241 | | law enforcement agency employing police or peace officers in this |
|---|
| 1266 | 1242 | | state shall submit to CLEET on or before October 1 of each calendar |
|---|
| 1267 | 1243 | | year a complete list of all commissioned employees with a current |
|---|
| 1268 | 1244 | | mailing address and phone number for each such employee. In |
|---|
| 1269 | 1245 | | addition to the above, CLEET may impose an administrative fine for |
|---|
| 1270 | 1246 | | violations of this section. |
|---|
| 1271 | 1247 | | 2. A tribal law enforcement agency that has peace officers |
|---|
| 1272 | 1248 | | commissioned by an Oklahoma law enforcement agency pursuant to a |
|---|
| 1273 | 1249 | | cross-deputization agreement with the State of Oklahoma or any |
|---|
| 1274 | 1250 | | political subdivision of the State of Oklahoma pursuant to the |
|---|
| 1275 | 1251 | | provisions of Section 1221 of Title 74 of the Oklahoma Statutes |
|---|
| 1276 | 1252 | | shall report the commissioning, resignation, or termination of |
|---|
| 1277 | 1253 | | commission for any reason of a cross-deputized tribal police or |
|---|
| 1278 | 1254 | | peace officer to CLEET within ten (10) days of the commissioning, |
|---|
| 1279 | 1255 | | resignation, or termination. Failure to comply with the provisions |
|---|
| 1313 | 1288 | | academy or Collegiate Officer Program or for the purpose of |
|---|
| 1314 | 1289 | | obtaining peace officer certification or reinstatement. It is |
|---|
| 1315 | 1290 | | unlawful for any person to willfully submit false or fraudulent |
|---|
| 1316 | 1291 | | documents relating to continuing education rosters, transcripts or |
|---|
| 1317 | 1292 | | certificates, or any canine license application. Any person |
|---|
| 1318 | 1293 | | convicted of a violation of this subsection shall be guilty of a |
|---|
| 1319 | 1294 | | felony punishable by imprisonment in the Department of Corrections |
|---|
| 1320 | 1295 | | for a term of not less than two (2) years nor more than five (5) |
|---|
| 1321 | 1296 | | years, or by a fine not exceeding Two Thousand Dollars ($2,000.00), |
|---|
| 1322 | 1297 | | or by both such fine and imprisonment. In addition to the above, |
|---|
| 1323 | 1298 | | CLEET may impose an administrative fine. |
|---|
| 1324 | 1299 | | J. 1. A police or peace offi cer shall be subject to |
|---|
| 1325 | 1300 | | disciplinary action to include a denial, suspension, revocation or |
|---|
| 1326 | 1301 | | acceptance of voluntary surrender of peace officer certification |
|---|
| 1327 | 1302 | | upon a showing of clear and convincing evidence for the following: |
|---|
| 1328 | 1303 | | a. conviction of a felony or a cr ime of domestic |
|---|
| 1329 | 1304 | | violence, |
|---|
| 1330 | 1331 | | b. conviction of a misdemeanor involving moral turpitude; |
|---|
| 1331 | 1332 | | provided, if the conviction is a single isolated |
|---|
| 1332 | 1333 | | incident that occurred more than five (5) years ago |
|---|
| 1333 | 1334 | | and the Council is satisfied that the person has been |
|---|
| 1334 | 1335 | | sufficiently rehabilitated, the Council may, in its |
|---|
| 1335 | 1336 | | discretion, certify such person providing that all |
|---|
| 1336 | 1337 | | other statutory requirements have been met, |
|---|
| 1364 | 1338 | | c. a verdict of guilt or entry of a plea of guilty or |
|---|
| 1365 | 1339 | | nolo contendere or an "Alford" plea or any plea other |
|---|
| 1366 | 1340 | | than a not guilty plea for a felony offense, a crime |
|---|
| 1367 | 1341 | | of moral turpitude, or a crime of domestic violence, |
|---|
| 1368 | 1342 | | d. falsification or a willful misrepresentation of |
|---|
| 1369 | 1343 | | information in an employment application or |
|---|
| 1370 | 1344 | | application to the Council on Law Enforcement |
|---|
| 1371 | 1345 | | Education and Training, rec ords of evidence, or in |
|---|
| 1372 | 1346 | | testimony under oath, |
|---|
| 1373 | 1347 | | e. revocation or voluntary surrender of police or peace |
|---|
| 1374 | 1348 | | officer certification in another state for a violation |
|---|
| 1375 | 1349 | | of any law or rule or in settlement of any |
|---|
| 1376 | 1350 | | disciplinary action in such state, |
|---|
| 1377 | 1351 | | f. involuntary commitment of a reserve or peace officer |
|---|
| 1378 | 1352 | | in a mental institution or licensed private mental |
|---|
| 1379 | 1353 | | health facility for any mental illness, condition or |
|---|
| 1380 | 1354 | | disorder that is diagnosed by a licensed physician, |
|---|
| 1381 | 1381 | | psychologist or a licensed mental health professional |
|---|
| 1382 | 1382 | | as a substantial disorder of thought, mood, |
|---|
| 1383 | 1383 | | perception, psychological orientation, or memory that |
|---|
| 1384 | 1384 | | significantly impairs judgment, behavior, capacity to |
|---|
| 1385 | 1385 | | recognize reality, or ability to meet the ordinary |
|---|
| 1386 | 1386 | | demands of life. Provided, the peace officer |
|---|
| 1387 | 1387 | | certification may be reinstated upon the Council |
|---|
| 1415 | 1388 | | receiving notification of a psychological evaluation |
|---|
| 1416 | 1389 | | conducted by a licensed physician, psychologist or |
|---|
| 1417 | 1390 | | licensed mental health professional which attests and |
|---|
| 1418 | 1391 | | states by affidavit that the officer and the |
|---|
| 1419 | 1392 | | evaluation test data o f the officer have been examined |
|---|
| 1420 | 1393 | | and that, in the professional opinion of the |
|---|
| 1421 | 1394 | | physician, psychologist or licensed mental health |
|---|
| 1422 | 1395 | | professional, the officer is psychologically suitable |
|---|
| 1423 | 1396 | | to return to duty as a peace officer. Notwithstanding |
|---|
| 1424 | 1397 | | any other provision of state law pertaining to |
|---|
| 1425 | 1398 | | confidentiality of hospital or other medical records, |
|---|
| 1426 | 1399 | | and as allowable under federal law, CLEET may subpoena |
|---|
| 1427 | 1400 | | or request a court to subpoena records necessary to |
|---|
| 1428 | 1401 | | assure compliance with these provisions. Any |
|---|
| 1429 | 1402 | | confidential informat ion received by CLEET for such |
|---|
| 1430 | 1403 | | purpose shall retain its confidential character while |
|---|
| 1431 | 1404 | | in the possession of CLEET, |
|---|
| 1466 | 1438 | | employing agency or other person having information may submit such |
|---|
| 1467 | 1439 | | information to the Council for consideration a s provided in this |
|---|
| 1468 | 1440 | | subsection. |
|---|
| 1469 | 1441 | | 3. Upon the filing of the complaint, a preliminary |
|---|
| 1470 | 1442 | | investigation shall be conducted to determine whether: |
|---|
| 1471 | 1443 | | a. there is reason to believe the person has violated any |
|---|
| 1472 | 1444 | | provision of this subsection or any other provision of |
|---|
| 1473 | 1445 | | law or rule, or |
|---|
| 1474 | 1446 | | b. there is reason to believe the person has been |
|---|
| 1475 | 1447 | | convicted of a felony, a crime involving moral |
|---|
| 1476 | 1448 | | turpitude or a domestic violence offense or is |
|---|
| 1477 | 1449 | | currently participating in a deferred sentence for |
|---|
| 1478 | 1450 | | such offenses. |
|---|
| 1479 | 1451 | | 4. When the investigation of a com plaint does not find the |
|---|
| 1480 | 1452 | | person has violated any of the provisions of this subsection, or |
|---|
| 1481 | 1453 | | finds that the person is sufficiently rehabilitated as provided in |
|---|
| 1482 | 1454 | | subparagraph b or f of paragraph 1 of this subsection, no |
|---|
| 1516 | 1487 | | 5. The Council shall revoke the certification of any person |
|---|
| 1517 | 1488 | | upon determining that such person has been convicted of a felony or |
|---|
| 1518 | 1489 | | a crime involving moral turpi tude or a domestic violence offense or |
|---|
| 1519 | 1490 | | has entered a plea of guilty, or nolo contendere or an "Alford" plea |
|---|
| 1520 | 1491 | | or any plea other than a not guilty plea for a felony offense, a |
|---|
| 1521 | 1492 | | crime of moral turpitude or a crime of domestic violence or is the |
|---|
| 1522 | 1493 | | respondent in a final Victims Protective Order; provided, that if |
|---|
| 1523 | 1494 | | the conviction has been reversed, vacated or otherwise invalidated |
|---|
| 1524 | 1495 | | by an appellate court, such conviction shall not be the basis for |
|---|
| 1525 | 1496 | | revocation of certification; provided further, that any person who |
|---|
| 1526 | 1497 | | has been trained and certified by the Council on Law Enforcement |
|---|
| 1527 | 1498 | | Education and Training and is actively employed as a full -time peace |
|---|
| 1528 | 1499 | | officer as of November 1, 1985, shall not be subject to the |
|---|
| 1529 | 1500 | | provisions of this subsection for convictions occurring prior to |
|---|
| 1530 | 1501 | | November 1, 1985. The sole issue to be determined at the hearing |
|---|
| 1531 | 1502 | | shall be whether the person has been convicted of a felony, a crime |
|---|
| 1532 | 1503 | | involving moral turpitude or a domestic violence offense or is the |
|---|
| 1533 | 1504 | | named respondent/defendant in a final Victims Protective O rder. |
|---|
| 1567 | 1537 | | a mental institution or mental health facility for a mental illness, |
|---|
| 1568 | 1538 | | condition or disorder as provided in subparagraph f of paragraph 1 |
|---|
| 1569 | 1539 | | of this subsection. |
|---|
| 1570 | 1540 | | 8. Every law enforcement agency in this state shall, within |
|---|
| 1571 | 1541 | | thirty (30) days of a final order of termination or resignation |
|---|
| 1572 | 1542 | | while under investigation of a CLEET -certified peace officer, report |
|---|
| 1573 | 1543 | | such order or resignation in writing to the Executive Director of |
|---|
| 1574 | 1544 | | the Council. Any report, upon receipt by the Council, shall be |
|---|
| 1575 | 1545 | | considered as personnel records and shall be afforded confidential |
|---|
| 1576 | 1546 | | protection pursuant to Sections 24A.7 and 24A.8 of Title 51 of the |
|---|
| 1577 | 1547 | | Oklahoma Statutes. Any medical or other confidential records |
|---|
| 1578 | 1548 | | obtained by subpoena pursuant to this subsection shall not be made a |
|---|
| 1579 | 1549 | | part of such report. The Executive Director shall ensure that the |
|---|
| 1580 | 1550 | | report is provided to all members of the Council. The Council shall |
|---|
| 1581 | 1551 | | review and make recommendations concerning the repo rt at the first |
|---|
| 1582 | 1552 | | meeting of the Council to occur after all members of the Council |
|---|
| 1583 | 1553 | | have received the report. The Council may, by a majority vote, |
|---|
| 1584 | 1554 | | order the suspension, for a given period of time, or revocation of |
|---|
| 1618 | 1587 | | jurisdiction in which the peace officer was employed, to the |
|---|
| 1619 | 1588 | | liability insurance company of the law enforcement agency that |
|---|
| 1620 | 1589 | | employed the peace officer, the chief ele cted official of the |
|---|
| 1621 | 1590 | | governing body of the law enforcement agency and the chief law |
|---|
| 1622 | 1591 | | enforcement officer of the law enforcement agency. |
|---|
| 1623 | 1592 | | 9. For all other violations of this subsection, the hearing |
|---|
| 1624 | 1593 | | examiner shall take into consideration the severity of the |
|---|
| 1625 | 1594 | | violation, any mitigating circumstances offered by the person |
|---|
| 1626 | 1595 | | subject to disciplinary action, and any other evidence relevant to |
|---|
| 1627 | 1596 | | the person's character to determine the appropriate disciplinary |
|---|
| 1628 | 1597 | | action. |
|---|
| 1629 | 1598 | | 10. a. A police or peace officer may voluntarily surren der |
|---|
| 1630 | 1599 | | and relinquish the peace officer certification to |
|---|
| 1631 | 1600 | | CLEET. Pursuant to such surrender or relinquishment, |
|---|
| 1632 | 1601 | | the person surrendering the certification shall be |
|---|
| 1633 | 1602 | | prohibited from applying to CLEET for reinstatement |
|---|
| 1634 | 1603 | | within five (5) years of the date of the surr ender or |
|---|
| 1669 | 1637 | | c. Any person seeking reinstatement of police or peace |
|---|
| 1670 | 1638 | | officer certification which has been suspended, |
|---|
| 1671 | 1639 | | revoked, or voluntarily surrendered may apply for |
|---|
| 1672 | 1640 | | reinstatement pursuant to promulgated CLEET rules |
|---|
| 1673 | 1641 | | governing reinstatement . Except as provided in this |
|---|
| 1674 | 1642 | | subsection, any person whose certification has been |
|---|
| 1675 | 1643 | | revoked, suspended or voluntarily surrendered for any |
|---|
| 1677 | 1645 | | education and training requirements, shall pay a |
|---|
| 1678 | 1646 | | reinstatement fee of One Hundred Fifty Dollars |
|---|
| 1679 | 1647 | | ($150.00) to be deposited to the credit of the Peace |
|---|
| 1680 | 1648 | | Officer Revolving Fund created pursuant to Section |
|---|
| 1681 | 1649 | | 3311.7 of this title. |
|---|
| 1682 | 1650 | | 11. A duty is hereby imposed upon the district attorney who, on |
|---|
| 1683 | 1651 | | behalf of the State of Oklahoma, prose cutes a person holding police |
|---|
| 1684 | 1652 | | or peace officer or reserve peace officer certification for a |
|---|
| 1685 | 1653 | | felony, a crime involving moral turpitude, or a crime of domestic |
|---|
| 1686 | 1680 | | violence in which a plea of guilty, nolo contendere, or an "Alford" |
|---|
| 1687 | 1681 | | plea or any other plea other t han a not guilty plea or other finding |
|---|
| 1688 | 1682 | | of guilt is entered by, against or on behalf of a certified police |
|---|
| 1689 | 1683 | | or peace officer to report such plea, agreement, or other finding of |
|---|
| 1690 | 1684 | | guilt to the Council on Law Enforcement Education and Training |
|---|
| 1691 | 1685 | | within ten (10) days of such plea agreement or the finding of guilt. |
|---|
| 1719 | 1686 | | 12. Any person or agency required or authorized to submit |
|---|
| 1720 | 1687 | | information pursuant to this section to the Council shall be immune |
|---|
| 1721 | 1688 | | from liability arising from the submission of the information as |
|---|
| 1722 | 1689 | | long as the information was submitted in good faith and without |
|---|
| 1723 | 1690 | | malice. |
|---|
| 1724 | 1691 | | 13. Any peace officer employed by a law enforcement agency in |
|---|
| 1725 | 1692 | | this state which has internal discipline policies and procedures on |
|---|
| 1726 | 1693 | | file with CLEET shall be exempt from the disciplinary proceedings |
|---|
| 1727 | 1694 | | and actions provided for in this subsection; provided, however, such |
|---|
| 1728 | 1695 | | exemption shall not apply if the peace officer has been convicted of |
|---|
| 1729 | 1696 | | a felony crime, a crime of moral turpitude, or a crime of domestic |
|---|
| 1730 | 1697 | | violence. |
|---|
| 1731 | 1698 | | 14. All criminal proceedings initiated a gainst a CLEET- |
|---|
| 1732 | 1699 | | certified peace officer or reserve peace officer shall be reported |
|---|
| 1733 | 1700 | | by the officer to CLEET immediately after arrest or discovery of the |
|---|
| 1734 | 1701 | | filing of such criminal proceeding. All CLEET -certified peace |
|---|
| 1735 | 1702 | | officers and reserve peace officers shall be required to report when |
|---|
| 1769 | 1735 | | a. "law enforcement agency " means any department or |
|---|
| 1770 | 1736 | | agency of the state, a county, a municipality, or |
|---|
| 1771 | 1737 | | political subdivision thereof, with the duties to |
|---|
| 1772 | 1738 | | maintain public order , make arrests, and enforce the |
|---|
| 1773 | 1739 | | criminal laws of this state or municipal ordinances, |
|---|
| 1774 | 1740 | | which employs CLEET-certified personnel, |
|---|
| 1775 | 1741 | | b. "final order of termination " means a final notice of |
|---|
| 1776 | 1742 | | dismissal from employment provided after all |
|---|
| 1777 | 1743 | | grievance, arbitration, and c ourt actions have been |
|---|
| 1778 | 1744 | | completed, and |
|---|
| 1779 | 1745 | | c. "resignation while under investigation " means the |
|---|
| 1780 | 1746 | | resignation from employment of a peace officer who is |
|---|
| 1781 | 1747 | | under investigation for any felony violation of law, a |
|---|
| 1782 | 1748 | | crime of moral turpitude, a crime of domestic |
|---|
| 1783 | 1749 | | violence, or the resignation from employment of a |
|---|
| 1784 | 1750 | | peace officer as part of an arbitration or plea |
|---|
| 1785 | 1751 | | agreement. |
|---|
| 1786 | 1752 | | K. 1. Every canine team in the state trained to detect |
|---|
| 1787 | 1753 | | controlled dangerous substances shall be certified, by test, in the |
|---|
| 1820 | 1785 | | that are certified and annually recertified in the detection of |
|---|
| 1821 | 1786 | | controlled dangerous substances by the United States Customs |
|---|
| 1822 | 1787 | | Service. No employee of CLEET may be involved in the training or |
|---|
| 1823 | 1788 | | testing of a canine team. |
|---|
| 1824 | 1789 | | 2. The Council shall appoint a Drug Dog Advisory Council to |
|---|
| 1825 | 1790 | | make recommendations concerning minimum standards, educational |
|---|
| 1826 | 1791 | | needs, and other matters imperative to the certification of canines |
|---|
| 1827 | 1792 | | and canine teams trained to detect controlled dangerous substances. |
|---|
| 1828 | 1793 | | The Council shall promulgate rules based upon the recommendations of |
|---|
| 1829 | 1794 | | the Advisory Council. Members of the Advisory Council shall |
|---|
| 1830 | 1795 | | include, but need not be limited to, a commissioned officer with |
|---|
| 1831 | 1796 | | practical knowledge of such canines and canine teams from each of |
|---|
| 1832 | 1797 | | the following: |
|---|
| 1833 | 1798 | | a. the Oklahoma State Bureau of Narcotics and Dangerous |
|---|
| 1834 | 1799 | | Drugs Control, |
|---|
| 1835 | 1800 | | b. the Department of Public Safety, |
|---|
| 1836 | 1801 | | c. a police department, |
|---|
| 1837 | 1802 | | d. a sheriff's office, and |
|---|
| 1838 | 1803 | | e. a university or college campus police department. |
|---|
| 1871 | 1835 | | government agency. The fees provided for in this paragraph shall be |
|---|
| 1872 | 1836 | | deposited to the credit of the CLEET Fund created pursuant to |
|---|
| 1873 | 1837 | | Section 1313.2 of Title 20 of the Oklahoma Statutes. |
|---|
| 1874 | 1838 | | L. 1. Every canine team in the state traine d to detect |
|---|
| 1875 | 1839 | | explosives, explosive materials, explosive devices, and materials |
|---|
| 1876 | 1840 | | which could be used to construct an explosive device shall be |
|---|
| 1877 | 1841 | | certified, by test, in the detection of such explosives and |
|---|
| 1878 | 1842 | | materials and shall be recertified annually so long as t he canine is |
|---|
| 1879 | 1843 | | used for such detection purposes. The certification test and annual |
|---|
| 1880 | 1844 | | recertification test provisions of this subsection shall not be |
|---|
| 1881 | 1845 | | applicable to canines that are owned by a law enforcement agency if |
|---|
| 1882 | 1846 | | such canines are certified and annually re certified in the detection |
|---|
| 1883 | 1847 | | of explosives and materials by the United States Department of |
|---|
| 1884 | 1848 | | Defense. No employee of CLEET may be involved in the training or |
|---|
| 1885 | 1849 | | testing of a canine team. |
|---|
| 1886 | 1850 | | 2. The Council shall appoint a Bomb Dog Advisory Council to |
|---|
| 1887 | 1851 | | make recommendations concerning minimum standards, educational |
|---|
| 1888 | 1852 | | needs, and other matters imperative to the certification of canines |
|---|
| 1889 | 1853 | | and canine teams trained to detect explosives, explosive materials, |
|---|
| 1921 | 1884 | | officer with practical knowledge of such canines and cani ne teams |
|---|
| 1922 | 1885 | | from each of the following: |
|---|
| 1923 | 1886 | | a. the Department of Public Safety, |
|---|
| 1924 | 1887 | | b. a police department, |
|---|
| 1925 | 1888 | | c. a sheriff's office, and |
|---|
| 1926 | 1889 | | d. a university or college campus police department. |
|---|
| 1927 | 1890 | | 3. The fee for the certification test shall be Two Hundred |
|---|
| 1928 | 1891 | | Dollars ($200.00) and the annual recertification test fee shall be |
|---|
| 1929 | 1892 | | One Hundred Dollars ($100.00) per canine team. A retest fee of |
|---|
| 1930 | 1893 | | Fifty Dollars ($50.00) will be charged if the team fails the test. |
|---|
| 1931 | 1894 | | No such fee shall be charged to any local, state or federal |
|---|
| 1932 | 1895 | | government agency. The fees provided for in this paragraph shall be |
|---|
| 1933 | 1896 | | deposited to the credit of the CLEET Fund created pursuant to |
|---|
| 1934 | 1897 | | Section 1313.2 of Title 20 of the Oklahoma Statutes. |
|---|
| 1935 | 1898 | | M. All tribal police officers of any Indian tribe or nation who |
|---|
| 1936 | 1899 | | have been commissioned by an Oklahoma law enforcement agency |
|---|
| 1937 | 1900 | | pursuant to a cross-deputization agreement with the State of |
|---|
| 1938 | 1901 | | Oklahoma or any political subdivision of the State of Oklahoma |
|---|
| 1939 | 1902 | | pursuant to the provisions of Section 1221 of Title 74 of the |
|---|
| 1940 | 1903 | | Oklahoma Statutes shall be eligi ble for peace officer certification |
|---|
| 1972 | 1934 | | an Oklahoma law enforcement agency pursuant to a cross -deputization |
|---|
| 1973 | 1935 | | agreement with the State of Oklahoma or any political subdivision of |
|---|
| 1974 | 1936 | | the State of Oklahoma pursuant to the provisions of Section 1221 of |
|---|
| 1975 | 1937 | | Title 74 of the Oklahoma Statutes and have met the training and |
|---|
| 1976 | 1938 | | qualification requirements of this section. |
|---|
| 1977 | 1939 | | N. If an employing law enforcement agency in this state has |
|---|
| 1978 | 1940 | | paid for CLEET training and the salary of a person while that person |
|---|
| 1979 | 1941 | | is completing in this stat e a basic police course approved by the |
|---|
| 1980 | 1942 | | Council and if within one (1) year after initial employment with the |
|---|
| 1981 | 1943 | | original employing agency that person resigns and is hired by |
|---|
| 1982 | 1944 | | another law enforcement agency in this state, the second agency or |
|---|
| 1983 | 1945 | | the person receiving the training shall reimburse the original |
|---|
| 1984 | 1946 | | employing agency for the cost of CLEET training and salary paid to |
|---|
| 1985 | 1947 | | the person while completing the basic police course by the original |
|---|
| 1986 | 1948 | | employing agency. If the person leaves the original employing |
|---|
| 1987 | 1949 | | agency later than one (l) year, but less than two (2) years, after |
|---|
| 1988 | 1950 | | the initial employment, the second agency or the person receiving |
|---|
| 1989 | 1951 | | the training shall reimburse the original employing agency fifty |
|---|
| 1990 | 1952 | | percent (50%) of the cost of CLEET training and salary paid to the |
|---|
| 1991 | 1953 | | person while completing the basic police course by the original |
|---|
| 2021 | 1982 | | O. The Council on Law Enforcement Education and Training, in |
|---|
| 2022 | 1983 | | its discretion, may waive all or part of an y moneys due to the |
|---|
| 2023 | 1984 | | Council, if deemed uncollectable by the Council. |
|---|
| 2024 | 1985 | | P. Peace officers, reserve peace officers, tribal peace |
|---|
| 2025 | 1986 | | officers, agencies, bail enforcers, security guards and private |
|---|
| 2026 | 1987 | | investigators shall maintain with the Council current mailing |
|---|
| 2027 | 1988 | | addresses and shall notify the Council, in writing, of any change of |
|---|
| 2028 | 1989 | | address or name. Notification of change of name shall require |
|---|
| 2029 | 1990 | | certified copies of any marriage license or other court document |
|---|
| 2030 | 1991 | | which reflects the change of name. Notice of change of address or |
|---|
| 2031 | 1992 | | telephone number must be made within ten (10) days of the effected |
|---|
| 2032 | 1993 | | change. Notices shall not be accepted over the phone. In any |
|---|
| 2033 | 1994 | | proceeding in which the Council is required to serve notice or an |
|---|
| 2034 | 1995 | | order on an individual or an agency, the Council may sen d a letter |
|---|
| 2035 | 1996 | | to the mailing address on file with the Council. If the letter is |
|---|
| 2036 | 1997 | | returned and a notation of the U.S. Postal Service indicates |
|---|
| 2037 | 1998 | | "unclaimed", or "moved", or "refused" or any other nondelivery |
|---|
| 2038 | 1999 | | markings and the records of the Council indicate that no change of |
|---|
| 2039 | 2000 | | address as required by this subsection has been received by the |
|---|
| 2040 | 2001 | | Council, the notice and any subsequent notices or orders shall be |
|---|
| 2041 | 2002 | | deemed by the Court as having been legally served for all purposes. |
|---|