| 52 | | - | modifying certain authority of the Council; requiring |
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| 53 | | - | training courses in human traffic king crimes; |
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| 54 | | - | prohibiting certain certi fication; establishing |
|---|
| 55 | | - | attestation to certification periods; authorizing |
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| 56 | | - | renewal of certification prior to renewal deadline; |
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| 57 | | - | authorizing rule promulgation; allowing certain |
|---|
| 58 | | - | renewals; modifying certain disciplinary acti on; |
|---|
| 59 | | - | modifying required reporting to th e Council; allowing |
|---|
| 60 | | - | for the consideration of certain mitigating |
|---|
| 61 | | - | circumstances; allowing certain withdrawal of |
|---|
| 62 | | - | certification; defining terms; updating statutory |
|---|
| 63 | | - | language; amending 70 O.S. 2021, Section 3311.4, |
|---|
| 64 | | - | which relates to continuing law enforcement training; |
|---|
| 65 | | - | providing for certain recertification; modifying |
|---|
| 66 | | - | training requirements; requiring certain training for |
|---|
| 67 | | - | lapsed certification; and providing an effective |
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| 68 | | - | date. |
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| 43 | + | modifying certain authority of the Council; modifying |
|---|
| 44 | + | qualifiers for suspension; defining term; prohibiting |
|---|
| 45 | + | certain certification; establishing attestation to |
|---|
| 46 | + | certification periods; a uthorizing rule promulgation; |
|---|
| 47 | + | allowing certain renewa ls; modifying certain |
|---|
| 48 | + | disciplinary action; modifying required reporting to |
|---|
| 49 | + | the Council; allowin g certain withdrawal of |
|---|
| 50 | + | certification; updating statutory language; amending |
|---|
| 51 | + | 70 O.S. 2021, Section 3311.4, which relates to |
|---|
| 52 | + | continuing law enforcement training; providing for |
|---|
| 53 | + | certain recertification; modifying training |
|---|
| 54 | + | requirements; requiring certain training for lapsed |
|---|
| 55 | + | certification; and providing an effective date. |
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| 103 | 63 | | SECTION 1. AMENDATORY 70 O.S. 2021, Section 3311, is |
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| 104 | 64 | | amended to read as follows: |
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| 105 | 65 | | Section 3311. A. There is hereby created a Council on Law |
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| 106 | 66 | | Enforcement Education and Training which shall be, and is hereby |
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| 107 | 67 | | declared to be, a governmental law enforcement agency of the State |
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| 108 | 68 | | of Oklahoma this state, body politic and corporate, with powers of |
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| 109 | 95 | | government and with the authority to exercise the rights, privileges |
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| 110 | 96 | | and functions necessary to ensure the professional training and |
|---|
| 111 | 97 | | continuing education of law enforcement officers in the State of |
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| 112 | 98 | | Oklahoma this state. These rights, privileges and functions |
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| 113 | 99 | | include, but are not limited to, those sp ecified in Sections 3311 |
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| 114 | 100 | | through 3311.15 of this title and in the Oklahoma Security Guard and |
|---|
| 115 | 101 | | Private Investigator Act and the Oklahoma Bail Enforcement and |
|---|
| 116 | 102 | | Licensing Act. The Council shall be authorized to require agency |
|---|
| 117 | 103 | | employees and the employees of ag ency contractors in position s to |
|---|
| 118 | 104 | | have access to Oklahoma Peace Officer peace officer records, |
|---|
| 119 | 105 | | Oklahoma Security Guard security guard and Private Investigator |
|---|
| 120 | 106 | | private investigator records, Oklahoma Bail Enforcement and |
|---|
| 121 | 107 | | Licensing Act records, to be subject to a criminal history search by |
|---|
| 122 | 108 | | the Oklahoma State Bureau of Investigation, as well as be |
|---|
| 123 | 109 | | fingerprinted for submission of the fingerprints through the |
|---|
| 124 | 110 | | Oklahoma State Bureau of Investigation to the Federal Bureau of |
|---|
| 125 | 111 | | Investigation for a national criminal history check. The Council |
|---|
| 126 | 112 | | shall be the recipient of the results of the record ch eck. In |
|---|
| 160 | 145 | | 2. The Director of the Oklahoma State Bureau of Narcotics and |
|---|
| 161 | 146 | | Dangerous Drugs Control, or designee; |
|---|
| 162 | 147 | | 3. The Director of the Oklahoma State Bureau of Investigation, |
|---|
| 163 | 148 | | or designee; |
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| 164 | 149 | | 4. One member appoi nted by the Governor who shall be a law |
|---|
| 165 | 150 | | enforcement administrator representing a tribal law enforcement |
|---|
| 166 | 151 | | agency; |
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| 167 | 152 | | 5. One member appointed by the Governor who shal l be a chief of |
|---|
| 168 | 153 | | police of a municipality with a population over one hundred thousand |
|---|
| 169 | 154 | | (100,000), as determined by the latest Federal Decennial Census; |
|---|
| 170 | 155 | | 6. One member appointed by the Board of Directors of the |
|---|
| 171 | 156 | | Oklahoma Sheriffs' Association who shall be a sh eriff of a county |
|---|
| 172 | 157 | | with a population under twenty-five thousand (25,000), as determined |
|---|
| 173 | 158 | | by the latest Federal Decennial Census; |
|---|
| 174 | 159 | | 7. One member appointed by the Oklahoma Association of Police |
|---|
| 175 | 160 | | Chiefs who shall be a chief of police representing a municipality |
|---|
| 176 | 161 | | with a population over ten thousand (10,000), as determined by the |
|---|
| 177 | 162 | | latest Federal Decennial Cen sus; |
|---|
| 209 | 193 | | 9. One member appointed by the Board of Directors of the |
|---|
| 210 | 194 | | Fraternal Order of Police who shall have experience as a training |
|---|
| 211 | 195 | | officer; |
|---|
| 212 | 196 | | 10. One member appointed by the Chancellor of Higher Education |
|---|
| 213 | 197 | | who shall be a representative of East Central University; |
|---|
| 214 | 198 | | 11. One member appointed by the Board of Directors of the |
|---|
| 215 | 199 | | Oklahoma Sheriffs and Peace Officers Association who shall be a |
|---|
| 216 | 200 | | full-time law enforcement officer in good s tanding with CLEET within |
|---|
| 217 | 201 | | a county with a population under fifty thousand (50,000); |
|---|
| 218 | 202 | | 12. The President Pro Tempore of the Senate shall appoint one |
|---|
| 219 | 203 | | member from a list of three or more nominees submitted by a |
|---|
| 220 | 204 | | statewide organization representing cities and to wns that is exempt |
|---|
| 221 | 205 | | from taxation under federal law and designated pursuant to the |
|---|
| 222 | 206 | | provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a); |
|---|
| 223 | 207 | | and |
|---|
| 224 | 208 | | 13. The Speaker of the House of Representatives shall appoint |
|---|
| 225 | 209 | | one member from a list of three or more nominees submitted by an |
|---|
| 226 | 210 | | organization that assists in the establishment of accreditation |
|---|
| 227 | 211 | | standards and training programs for law enforcement agencies |
|---|
| 228 | 212 | | throughout the State of Oklahoma this state. |
|---|
| 260 | 243 | | the Council on Law Enforcement Education and Training shall not |
|---|
| 261 | 244 | | receive a salary for duties performed as members of the Council, but |
|---|
| 262 | 245 | | shall be reimbursed for their actual and n ecessary expenses incurred |
|---|
| 263 | 246 | | in the performance of Council duties pursuant to the provisions of |
|---|
| 264 | 247 | | the State Travel Reimbursement Act. |
|---|
| 265 | 248 | | B. The Council on Law Enforcem ent Education and Training is |
|---|
| 266 | 249 | | hereby authorized and directed to: |
|---|
| 267 | 250 | | 1. Appoint a larger Advisory Council to discuss problems and |
|---|
| 268 | 251 | | hear recommendations concerning necessary research, minimum |
|---|
| 269 | 252 | | standards, educational needs, and other matters imperative to |
|---|
| 270 | 253 | | upgrading Oklahoma law enforcement to professional status; |
|---|
| 271 | 254 | | 2. Promulgate rules with respect to such m atters as |
|---|
| 272 | 255 | | certification, revocati on, suspension, withdrawal and reinstatement |
|---|
| 273 | 256 | | of certification, minimum courses of study, testing and test scores, |
|---|
| 274 | 257 | | attendance requirements, equipment and facilities, minimum |
|---|
| 275 | 258 | | qualifications for instructors, minimum standards for basic and |
|---|
| 276 | 259 | | advanced in-service courses, and seminars for Oklahoma police and |
|---|
| 277 | 260 | | peace officers; |
|---|
| 278 | 261 | | 3. Authorize research, basic and advanced courses, and seminars |
|---|
| 279 | 262 | | to assist in program planning directly and through subcommittees; |
|---|
| 311 | 293 | | 6. Establish policies and regulations concerning the number, |
|---|
| 312 | 294 | | geographic and police unit distribution, and admis sion requirements |
|---|
| 313 | 295 | | of those receiving tuition or scholarship aid available through the |
|---|
| 314 | 296 | | Council. Such waiver of costs shall be limited to duly appointed |
|---|
| 315 | 297 | | members of legally constituted local, county, and state law |
|---|
| 316 | 298 | | enforcement agencies on the basis of educati onal and financial need; |
|---|
| 317 | 299 | | 7. Appoint an Executive Director and an Assistant Director to |
|---|
| 318 | 300 | | direct the staff, inform the Council of compliance with the |
|---|
| 319 | 301 | | provisions of this section and perform such other duties imposed on |
|---|
| 320 | 302 | | the Council by law. An Executive Direct or appointed by the Council |
|---|
| 321 | 303 | | must qualify for the position with a bachelor or higher degree in |
|---|
| 322 | 304 | | law enforcement from an accredited college or university, or a |
|---|
| 323 | 305 | | bachelor or higher degree in a law-enforcement-related subject area, |
|---|
| 324 | 306 | | and a minimum of five (5) year s of active law enforcement experience |
|---|
| 325 | 307 | | including, but not limited to, responsibility for enforcement, |
|---|
| 326 | 308 | | investigation, administration, training, or curriculum |
|---|
| 327 | 309 | | implementation. |
|---|
| 328 | 310 | | The Executive Director of the Council on Law Enforcement |
|---|
| 329 | 311 | | Education and Training may commission CLEET staff as peace officers |
|---|
| 330 | 312 | | for purposes consistent with the duties of CLEET as set out in state |
|---|
| 362 | 343 | | Executive Director or any staff member appointed by the Executive |
|---|
| 363 | 344 | | Director as a peace officer may, upon request, assist any federal, |
|---|
| 364 | 345 | | state, county or municipal law enforcement agency; |
|---|
| 365 | 346 | | 8. Enter into contracts and agreements for the payment of |
|---|
| 366 | 347 | | classroom space, food, and lodging expenses as may be necessa ry for |
|---|
| 367 | 348 | | law enforcement officers attending any official course of |
|---|
| 368 | 349 | | instruction approved or conduc ted by the Council. Such expenses may |
|---|
| 369 | 350 | | be paid directly to the contracting agency or business |
|---|
| 370 | 351 | | establishment. The food and lodging expenses for each law |
|---|
| 371 | 352 | | enforcement officer shall not exceed the authorized rates as |
|---|
| 372 | 353 | | provided for in the State Travel Reimburse ment Act; provided, |
|---|
| 373 | 354 | | however, the Council may provide food and lodging to law enforcement |
|---|
| 374 | 355 | | officials attending any official course of instruction approved or |
|---|
| 375 | 356 | | conducted by the Council rather than paying for the provision of |
|---|
| 376 | 357 | | such food and lodging by an outside contracting agency or business |
|---|
| 377 | 358 | | establishment; |
|---|
| 378 | 359 | | 9. a. Certify canine teams, consisting of a dog and a |
|---|
| 379 | 360 | | handler working together as a team, trained to detect: |
|---|
| 380 | 361 | | (1) controlled dangerous substances, or |
|---|
| 413 | 393 | | dog, and any dog of a certified canine team who has |
|---|
| 414 | 394 | | been previously certified as ei ther a drug dog or a |
|---|
| 415 | 395 | | bomb dog shall not be eligible at any time to be |
|---|
| 416 | 396 | | certified in the other category. |
|---|
| 417 | 397 | | b. Upon retiring the dog from the service it was |
|---|
| 418 | 398 | | certified to perform, the law enforcement department |
|---|
| 419 | 399 | | that handled the dog shall retain possession of the |
|---|
| 420 | 400 | | dog. The handler shall have first option of adopting |
|---|
| 421 | 401 | | the dog. If that option is not exercised, the law |
|---|
| 422 | 402 | | enforcement department shall provide for its adoption. |
|---|
| 423 | 403 | | Once adopted the dog shall not be placed back into |
|---|
| 424 | 404 | | active service; |
|---|
| 425 | 405 | | 10. Enter into a lease, lo an or other agreement with the |
|---|
| 426 | 406 | | Oklahoma Development Finance Authority or a local public trust for |
|---|
| 427 | 407 | | the purpose of facilitating the financing of a new facility for its |
|---|
| 428 | 408 | | operations and use and pledge, to the extent authorized by law, all |
|---|
| 429 | 409 | | or a portion of its re ceipts of the assessment penalty herein |
|---|
| 430 | 410 | | referenced for the payment of its obligations under such lease, loan |
|---|
| 431 | 411 | | or other agreement. It is the intent of the Legisla ture to increase |
|---|
| 464 | 443 | | agreement and the bonds issued to finance such facilities shall not |
|---|
| 465 | 444 | | constitute an indebtedness of the State of Oklahoma this state or be |
|---|
| 466 | 445 | | backed by the full faith and credit of the State of Oklahoma this |
|---|
| 467 | 446 | | state, and the lease, loan or other agreement and the bo nds shall |
|---|
| 468 | 447 | | contain a statement to such effect; |
|---|
| 469 | 448 | | 11. Accept gifts, bequests, devises, contributions and grants, |
|---|
| 470 | 449 | | public or private, of real or personal property; |
|---|
| 471 | 450 | | 12. Appoint an advisory committee composed of representatives |
|---|
| 472 | 451 | | from security guard and private in vestigative agencies t o advise the |
|---|
| 473 | 452 | | Council concerning necessary research, minimum standards for |
|---|
| 474 | 453 | | licensure, education, and o ther matters related to licensure of |
|---|
| 475 | 454 | | security guards, securi ty guard agencies, private investigators, and |
|---|
| 476 | 455 | | private investigative agenc ies; |
|---|
| 477 | 456 | | 13. Enter into agreements with individuals, educational |
|---|
| 478 | 457 | | institutions, agencies, and business and tribal entities for |
|---|
| 479 | 458 | | professional services, the use of facilities and supplies, a nd staff |
|---|
| 480 | 459 | | overtime costs incurred as a result of the user 's requests to |
|---|
| 481 | 460 | | schedule functions after -hours, on weekends, or anytime such |
|---|
| 482 | 461 | | requests extend staff beyond its normal capacity, whereby |
|---|
| 515 | 493 | | All other fees collected pursuant to these agreements shall be |
|---|
| 516 | 494 | | deposited to the cred it of the Peace Officer Revolving Fund created |
|---|
| 517 | 495 | | pursuant to Section 3311.7 of this title. The Council is authorized |
|---|
| 518 | 496 | | to promulgate emergency rules to effectuate t he provisions of this |
|---|
| 519 | 497 | | paragraph; |
|---|
| 520 | 498 | | 14. Promulgate rules to establish a sta te firearms |
|---|
| 521 | 499 | | requalification standard for active peace offi cers and meet any |
|---|
| 522 | 500 | | requirements imposed on the Council by the federal Law Enforcement |
|---|
| 523 | 501 | | Officers Safety Act of 2004; |
|---|
| 524 | 502 | | 15. Set minimal criteria relating to qualifications for chief |
|---|
| 525 | 503 | | of police administrat ive training pursuant to Section 34-102 of |
|---|
| 526 | 504 | | Title 11 of the Oklahoma Statutes, assist in developing a course of |
|---|
| 527 | 505 | | training for a Police Chief Administrative School, and approve all |
|---|
| 528 | 506 | | police chief administrative training offered in this state; |
|---|
| 529 | 507 | | 16. Appoint a Curriculum Review Board t o be composed of six (6) |
|---|
| 530 | 508 | | members as follows: |
|---|
| 531 | 509 | | a. one member shall be selected by the Chancellor for |
|---|
| 532 | 510 | | Higher Education, who possesses a background of |
|---|
| 533 | 511 | | creation and review of curriculum and experience |
|---|
| 566 | 543 | | training officer, who shall ser ve an initial term of |
|---|
| 567 | 544 | | two (2) years, |
|---|
| 568 | 545 | | c. one member shall represent a county jurisdiction with |
|---|
| 569 | 546 | | a population of fifty thousand (50,000) or more and |
|---|
| 570 | 547 | | who shall be a management-level CLEET-certified |
|---|
| 571 | 548 | | training officer, who shall serve an initial term of |
|---|
| 572 | 549 | | three (3) years, |
|---|
| 573 | 550 | | d. one member shall represent a municipal jurisdic tion |
|---|
| 574 | 551 | | with a population of less than fifty thousand (50,000) |
|---|
| 575 | 552 | | and who shall be a CLEET-certified training officer, |
|---|
| 576 | 553 | | who shall serve an initial term of two (2) years, |
|---|
| 577 | 554 | | e. one member shall represent a cou nty jurisdiction with |
|---|
| 578 | 555 | | a population of less than fifty thou sand (50,000) and |
|---|
| 579 | 556 | | who shall be a CLEET-certified training officer, who |
|---|
| 580 | 557 | | shall serve an initial term of one (1) year, and |
|---|
| 581 | 558 | | f. one member selected by the Oklahoma Department of |
|---|
| 582 | 559 | | Career and Technology Education, who shall have |
|---|
| 583 | 560 | | experience in the creation and review of curriculum as |
|---|
| 584 | 561 | | well as experience in teaching criminal justice or law |
|---|
| 617 | 593 | | compensation, but may be reimbursed for travel expenses pursua nt to |
|---|
| 618 | 594 | | the State Travel Reimbu rsement Act. The Board shall revi ew and |
|---|
| 619 | 595 | | establish curriculum for all CLEET academies and training courses |
|---|
| 620 | 596 | | pursuant to procedures established by the Council on Law Enf orcement |
|---|
| 621 | 597 | | Education and Training; |
|---|
| 622 | 598 | | 17. Conduct review and ver ification of any records rel ating to |
|---|
| 623 | 599 | | the statutory duties of CL EET; |
|---|
| 624 | 600 | | 18. Receive requested reports including investigative reports, |
|---|
| 625 | 601 | | court documents, statements, or other applicable information fro m |
|---|
| 626 | 602 | | local, county and state agencies and other agencies for us e in |
|---|
| 627 | 603 | | actions where a certif ication or license issued by CLEET m ay be |
|---|
| 628 | 604 | | subject to disciplinary or other actions provided by law; |
|---|
| 629 | 605 | | 19. Summarily suspend a certification of a peace officer, |
|---|
| 630 | 606 | | without prior notice but otherwise subject to administrative |
|---|
| 631 | | - | proceedings, if CLEET finds that the actions of the certified peace |
|---|
| 632 | | - | officer may present a danger to the peace officer, the public, an |
|---|
| 633 | | - | intimate partner, or a family or household member, or involve a |
|---|
| 634 | | - | crime against a minor. A certified copy of the information or |
|---|
| 635 | | - | |
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| 636 | | - | SB1537 HFLR Page 13 |
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| 637 | | - | BOLD FACE denotes Committee Amendments. 1 |
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| 638 | | - | 2 |
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| 639 | | - | 3 |
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| 640 | | - | 4 |
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| 641 | | - | 5 |
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| 660 | | - | 24 |
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| 661 | | - | |
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| 662 | | - | indictment charging such a crime shall be considered clear and |
|---|
| 663 | | - | convincing evidence of the charge; and |
|---|
| 607 | + | proceedings, if CLEET finds that a certified peace officer has been |
|---|
| 608 | + | suspended or terminated for cause by a law enforcement employer or |
|---|
| 609 | + | that the actions of the certified peace officer may present a danger |
|---|
| 610 | + | to the peace officer, the public, an intimate partner, or a family |
|---|
| 611 | + | or household member, or involve a crime against a minor. For |
|---|
| 612 | + | purposes of this section, "for cause" shall mean any infraction that |
|---|
| 613 | + | would constitute a felony or domestic violence crime, even if no |
|---|
| 614 | + | charges are brought, or any violation of the employer's rules or |
|---|
| 615 | + | policies that involve dishonesty or an improper or excessiv e use of |
|---|
| 616 | + | force. A certified copy of the information or indictment charging |
|---|
| 617 | + | |
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| 618 | + | ENGR. S. B. NO. 1537 Page 13 1 |
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| 619 | + | 2 |
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| 621 | + | 4 |
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| 639 | + | 22 |
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| 640 | + | 23 |
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| 641 | + | 24 |
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| 642 | + | |
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| 643 | + | such a crime shall be considered clear and convincing evidence of |
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| 644 | + | the charge; and |
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| 664 | 645 | | 20. Approve law enforcement agencies and police departments in |
|---|
| 665 | 646 | | accordance with the following: |
|---|
| 666 | 647 | | a. this section applies only t o an entity authorized by |
|---|
| 667 | 648 | | statute or by the Constitution to create a law |
|---|
| 668 | 649 | | enforcement agency or police department and |
|---|
| 669 | 650 | | commission, appoint, or employ officers that first |
|---|
| 670 | 651 | | creates or reactivates an inactive law enforcement |
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| 671 | 652 | | agency or police department and first begins to |
|---|
| 672 | 653 | | commission, appoint, or employ officers on or after |
|---|
| 673 | 654 | | November 1, 2011, |
|---|
| 674 | 655 | | b. the entity shall submit to CLEET, a minimum of si xty |
|---|
| 675 | 656 | | (60) days prior to creation of the law enforcement |
|---|
| 676 | 657 | | agency or police department, information regarding: |
|---|
| 677 | 658 | | (1) the need for the law enforcement agency or police |
|---|
| 678 | 659 | | department in the community, |
|---|
| 679 | 660 | | (2) the funding sources for the law enforcement |
|---|
| 680 | 661 | | agency or police department, and proof that no |
|---|
| 681 | 662 | | more than fifty percent (50%) of the funding of |
|---|
| 682 | 663 | | the entity will be derived from ticket revenue or |
|---|
| 683 | 664 | | fines, |
|---|
| 684 | 665 | | (3) the physical resources available to officers, |
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| 685 | 666 | | |
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| 709 | 689 | | 23 |
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| 710 | 690 | | 24 |
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| 711 | 691 | | |
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| 712 | 692 | | (4) the physical facilities that the law enforcement |
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| 713 | 693 | | agency or police department will operate |
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| 714 | 694 | | including descriptions of the evidence room, |
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| 715 | 695 | | dispatch area, restroom facilities, and public |
|---|
| 716 | 696 | | area, |
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| 717 | 697 | | (5) law enforcement policies of the law enforcement |
|---|
| 718 | 698 | | agency or police department including published |
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| 719 | 699 | | policies on: |
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| 720 | 700 | | (a) use of force, |
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| 721 | 701 | | (b) vehicle pursuit, |
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| 722 | 702 | | (c) mental health, |
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| 723 | 703 | | (d) professional conduct of officers, |
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| 724 | 704 | | (e) domestic abuse, |
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| 725 | 705 | | (f) response to missing persons, |
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| 726 | 706 | | (g) supervision of part-time officers, and |
|---|
| 727 | 707 | | (h) impartial policing, |
|---|
| 728 | 708 | | (6) the administrative structure of the law |
|---|
| 729 | 709 | | enforcement agency or police department, |
|---|
| 730 | 710 | | (7) liability insurance, and |
|---|
| 731 | 711 | | (8) any other information CLEET requires by rule, |
|---|
| 732 | 712 | | c. within sixty (60) days of receiving an entity's |
|---|
| 733 | 713 | | request, CLEET will forward to the entity by certified |
|---|
| 734 | 714 | | mail, return receipt requested, a letter of |
|---|
| 735 | 715 | | authorization or denial to create a law enforcement |
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| 736 | 716 | | |
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| 762 | 741 | | |
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| 763 | 742 | | agency or police department and commission, appoint, |
|---|
| 764 | 743 | | or employ officers, signed by the Executive Director |
|---|
| 765 | 744 | | of CLEET, and |
|---|
| 766 | 745 | | d. in cases of denial, the entity may appeal the decision |
|---|
| 767 | 746 | | of the Executive Director to the full CLEET Council. |
|---|
| 768 | 747 | | The Executive Director shall ensure that the final |
|---|
| 769 | 748 | | report is provided to all members of the Council. The |
|---|
| 770 | 749 | | Council shall review and make recommendations |
|---|
| 771 | 750 | | concerning the report at the first meeting of the |
|---|
| 772 | 751 | | Council to occur after all me mbers of the Council have |
|---|
| 773 | 752 | | received the report. The Council m ay, by majority |
|---|
| 774 | 753 | | vote: |
|---|
| 775 | 754 | | (1) order additional information be provided, |
|---|
| 776 | 755 | | (2) order confirmation of the opinion of the |
|---|
| 777 | 756 | | Executive Director, or |
|---|
| 778 | 757 | | (3) order authorization of the entity. |
|---|
| 779 | 758 | | C. 1. Payment of a ny fee provided for in this section may be |
|---|
| 780 | 759 | | made by a nationally recognized credit or debit card issued to the |
|---|
| 781 | 760 | | applicant. The Council may publicly post and collect a fee for the |
|---|
| 782 | 761 | | acceptance of the nationally recognized credit or debit card not to |
|---|
| 783 | 762 | | exceed five percent (5%) of the amount of the payment. For purposes |
|---|
| 784 | 763 | | of this subsection, "nationally recognized credit card" means any |
|---|
| 785 | 764 | | instrument or device, whether known as a credit card, credit plate, |
|---|
| 786 | 765 | | charge plate, or by any other name, issued with or without fee by an |
|---|
| 787 | 766 | | |
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| 813 | 791 | | |
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| 814 | 792 | | issuer for the use of the cardholder in obtaining goods , services, |
|---|
| 815 | 793 | | or anything else of value and which is accepted by over one thousand |
|---|
| 816 | 794 | | merchants in this state. "Debit card" means an identification card |
|---|
| 817 | 795 | | or device issued to a person by a business org anization which |
|---|
| 818 | 796 | | permits such person to obtain access to or ac tivate a consumer |
|---|
| 819 | 797 | | banking electronic facility. The Council shall determine which |
|---|
| 820 | 798 | | nationally recognized credit or debit cards will be accepted as |
|---|
| 821 | 799 | | payment for fees. |
|---|
| 822 | 800 | | 2. Payment for any fee provid ed for in this title may be made |
|---|
| 823 | 801 | | by a business check. The Cou ncil may: |
|---|
| 824 | 802 | | a. add an amount equal to the amount of the service |
|---|
| 825 | 803 | | charge incurred, not to exceed three percent (3%) of |
|---|
| 826 | 804 | | the amount of the check as a service charge for the |
|---|
| 827 | 805 | | acceptance and verificatio n of the check, or |
|---|
| 828 | 806 | | b. add an amount of no more than Five Dollar s ($5.00) as |
|---|
| 829 | 807 | | a service charge for the acceptance and verification |
|---|
| 830 | 808 | | of a check. For purposes of this subsection, |
|---|
| 831 | 809 | | "business check" shall not mean a money order, |
|---|
| 832 | 810 | | cashier's check, or bank certifie d check. |
|---|
| 833 | 811 | | D. Failure of the Legislature to appropriate necessary funds to |
|---|
| 834 | 812 | | provide for expenses and operations of the Council on Law |
|---|
| 835 | 813 | | Enforcement Education and Training shall not invalidate other |
|---|
| 836 | 814 | | provisions of this section relating to the creation and dutie s of |
|---|
| 837 | 815 | | the Council. |
|---|
| 838 | 816 | | |
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| 841 | 818 | | 2 |
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| 863 | 840 | | 24 |
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| 864 | 841 | | |
|---|
| 865 | 842 | | E. 1. No person shall be eligible for employm ent as a peace |
|---|
| 866 | 843 | | officer or reserve peace officer until the employing law enforcement |
|---|
| 867 | 844 | | agency has conducted a background investigation of such person |
|---|
| 868 | 845 | | consisting of the following: |
|---|
| 869 | 846 | | a. a fingerprint search submitted to the Oklahoma State |
|---|
| 870 | 847 | | Bureau of Investigation with a return report to the |
|---|
| 871 | 848 | | submitting agency that such person has no felony |
|---|
| 872 | 849 | | record, |
|---|
| 873 | 850 | | b. a fingerprint search submitted to the Federal Bureau |
|---|
| 874 | 851 | | of Investigation with a return report to the |
|---|
| 875 | 852 | | submitting agency that such person has no felony |
|---|
| 876 | 853 | | record, |
|---|
| 877 | 854 | | c. such person has undergone psychological evaluation by |
|---|
| 878 | 855 | | a psychologist licensed by the State of Oklahoma this |
|---|
| 879 | 856 | | state and has been evaluated to be suitable to serve |
|---|
| 880 | 857 | | as a peace officer in the State of Oklahoma this |
|---|
| 881 | 858 | | state, |
|---|
| 882 | 859 | | d. the employing agency has verified that such person has |
|---|
| 883 | 860 | | a high school diploma or a GED equivalency certificate |
|---|
| 884 | 861 | | as recognized by sta te law, |
|---|
| 885 | 862 | | e. such person is not participating in a deferred |
|---|
| 886 | 863 | | sentence agreement for a felony, a crime involving |
|---|
| 887 | 864 | | moral turpitude or a crime of domestic violence, and |
|---|
| 888 | 865 | | does not have any criminal charges pending in any |
|---|
| 889 | 866 | | |
|---|
| 892 | 868 | | 2 |
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| 893 | 869 | | 3 |
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| 914 | 890 | | 24 |
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| 915 | 891 | | |
|---|
| 916 | 892 | | court in this state, another state, in triba l court or |
|---|
| 917 | 893 | | pursuant to the United States Code, |
|---|
| 918 | 894 | | f. such person is not currently subject to an order of |
|---|
| 919 | 895 | | the Council revoking , suspending, or accepting a |
|---|
| 920 | 896 | | voluntary surrender of pe ace officer certification, |
|---|
| 921 | 897 | | g. such person is not currently undergoing treatment for |
|---|
| 922 | 898 | | a mental illness, condition or disorder. For purposes |
|---|
| 923 | 899 | | of this subsection, "currently undergoing treatment |
|---|
| 924 | 900 | | for mental illness, condition or disorder" means the |
|---|
| 925 | 901 | | person has been diagnosed by a licensed physician, |
|---|
| 926 | 902 | | psychologist, or licensed mental health p rofessional |
|---|
| 927 | 903 | | as being afflicted with a substantial disorder of |
|---|
| 928 | 904 | | thought, mood, perception, psychological orientation |
|---|
| 929 | 905 | | or memory that significantly impairs judgment, |
|---|
| 930 | 906 | | behavior, capacity to recognize reality, or ability to |
|---|
| 931 | 907 | | meet the ordinary demands of life and s uch condition |
|---|
| 932 | 908 | | continues to exist, |
|---|
| 933 | 909 | | h. such person is twenty-one (21) years of age. |
|---|
| 934 | 910 | | Provided, this requirement shall not affect those |
|---|
| 935 | 911 | | persons who are already employed as a polic e or peace |
|---|
| 936 | 912 | | officer prior to November 1, 1985, and |
|---|
| 937 | 913 | | i. such person has provided pr oof of United States |
|---|
| 938 | 914 | | citizenship or resident alien status, pursuant to an |
|---|
| 939 | 915 | | |
|---|
| 942 | 917 | | 2 |
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| 963 | 938 | | 23 |
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| 964 | 939 | | 24 |
|---|
| 965 | 940 | | |
|---|
| 966 | 941 | | employment eligibility verification form from the |
|---|
| 967 | 942 | | United States Citizenship and Immigration Services. |
|---|
| 968 | 943 | | 2. To aid the evaluating psychologist in interpreting the test |
|---|
| 969 | 944 | | results including automated scoring and interpretations, the |
|---|
| 970 | 945 | | employing agency shall provide the psychologist a statement |
|---|
| 971 | 946 | | confirming the identity of the individual taking the test as the |
|---|
| 972 | 947 | | person who is employed or seeking employment as a peace officer of |
|---|
| 973 | 948 | | the agency and attesting that it administered the psychological |
|---|
| 974 | 949 | | instrument in accordance with standards within the test document. |
|---|
| 975 | 950 | | The psychologist shall report to the employing agency the evalua tion |
|---|
| 976 | 951 | | of the assessment instrument and may include any additional |
|---|
| 977 | 952 | | recommendations to assist the employing agency in determining |
|---|
| 978 | 953 | | whether to certify to the Council on Law Enforcement Education and |
|---|
| 979 | 954 | | Training that the person being evaluated is suitable to serve as a |
|---|
| 980 | 955 | | peace officer in the State of Oklahoma this state. No additional |
|---|
| 981 | 956 | | procedures or requirements shall be imposed for performance of the |
|---|
| 982 | 957 | | psychological evaluation. The psychological instrument utilized |
|---|
| 983 | 958 | | shall be evaluated by a psychologist licensed by the State of |
|---|
| 984 | 959 | | Oklahoma this state, and the employing agency shall certify to the |
|---|
| 985 | 960 | | Council that the evaluation was conducted in accordance with this |
|---|
| 986 | 961 | | provision and that the employee or applicant is suitable to serve as |
|---|
| 987 | 962 | | a peace officer in the State of Oklahoma this state. |
|---|
| 988 | 963 | | a. Any person found not to be suitable for employment or |
|---|
| 989 | 964 | | certification by the Council shall not be employed, |
|---|
| 990 | 965 | | |
|---|
| 993 | 967 | | 2 |
|---|
| 994 | 968 | | 3 |
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| 995 | 969 | | 4 |
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| 1014 | 988 | | 23 |
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| 1015 | 989 | | 24 |
|---|
| 1016 | 990 | | |
|---|
| 1017 | 991 | | retained in employment as a peace off icer, or |
|---|
| 1018 | 992 | | certified by the Council for at least one (1) year, at |
|---|
| 1019 | 993 | | which time the employee or applicant may be |
|---|
| 1020 | 994 | | reevaluated by a psychologist licensed by the State of |
|---|
| 1021 | 995 | | Oklahoma this state. This section shall also be |
|---|
| 1022 | 996 | | applicable to all reserve peace officers in the State |
|---|
| 1023 | 997 | | of Oklahoma this state. |
|---|
| 1024 | 998 | | b. Any person who is certified by CLEET and has undergone |
|---|
| 1025 | 999 | | the psychological evaluation required by this |
|---|
| 1026 | 1000 | | subparagraph and has been found to be suitable as a |
|---|
| 1027 | 1001 | | peace officer shall not be required to be reevaluated |
|---|
| 1028 | 1002 | | for any subsequent employment as a peace officer |
|---|
| 1029 | 1003 | | following retirement or any break in service as a |
|---|
| 1030 | 1004 | | peace officer, unless such break in service exceeds |
|---|
| 1031 | 1005 | | five (5) years or the Council det ermines that a peace |
|---|
| 1032 | 1006 | | officer may present a danger to himself or herself, |
|---|
| 1033 | 1007 | | the public, or a family or household member. |
|---|
| 1034 | 1008 | | c. All persons seeking certification shall have their |
|---|
| 1035 | 1009 | | name, gender, date of birth, and address of such |
|---|
| 1036 | 1010 | | person submitted to the Department of Mental Health |
|---|
| 1037 | 1011 | | and Substance Abuse Services by the Council. The |
|---|
| 1038 | 1012 | | Department of Mental Health and Substance Abuse |
|---|
| 1039 | 1013 | | Services shall respond to the Council within ten (10) |
|---|
| 1040 | 1014 | | days whether the computerized records of the |
|---|
| 1041 | 1015 | | |
|---|
| 1044 | 1017 | | 2 |
|---|
| 1045 | 1018 | | 3 |
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| 1065 | 1038 | | 23 |
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| 1066 | 1039 | | 24 |
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| 1067 | 1040 | | |
|---|
| 1068 | 1041 | | Department indicate the applicant has ever been |
|---|
| 1069 | 1042 | | involuntarily committed to an Oklahoma state mental |
|---|
| 1070 | 1043 | | institution. In the event that the Department of |
|---|
| 1071 | 1044 | | Mental Health and Substance Abuse Services reports to |
|---|
| 1072 | 1045 | | the Council that the applicant has been involuntarily |
|---|
| 1073 | 1046 | | committed, the Council shall immediately inform the |
|---|
| 1074 | 1047 | | employing agency. |
|---|
| 1075 | 1048 | | All basic police courses shall include a minimum of four (4) |
|---|
| 1076 | 1049 | | hours of education and training in recognizing and managing a person |
|---|
| 1077 | 1050 | | appearing to require mental health treatment or services. The |
|---|
| 1078 | 1051 | | training shall include training i n crime and drug prevention, crisis |
|---|
| 1079 | 1052 | | intervention, youth and family intervention techniques, recognizing, |
|---|
| 1080 | 1053 | | investigating and preventing abuse and exploitation of elderly |
|---|
| 1083 | 1056 | | Subject to the availability of funding, for full-time salaried |
|---|
| 1084 | 1057 | | police or peace officers a basic police course academy shall consist |
|---|
| 1085 | 1058 | | of a minimum of six hundred (600) hours. |
|---|
| 1086 | 1059 | | For reserve deputies a basic reserve academy shall consist of a |
|---|
| 1087 | 1060 | | minimum of two hundred f orty (240) hours. |
|---|
| 1088 | 1061 | | 3. Beginning January 1, 2018, any reserve peace officer who has |
|---|
| 1089 | 1062 | | completed the two-hundred-forty-hour reserve peace officer |
|---|
| 1090 | 1063 | | certification program and who has been in active service in that |
|---|
| 1091 | 1064 | | capacity for the past six (6) months shall be eli gible to attend a |
|---|
| 1092 | 1065 | | |
|---|
| 1095 | 1067 | | 2 |
|---|
| 1096 | 1068 | | 3 |
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| 1097 | 1069 | | 4 |
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| 1098 | 1070 | | 5 |
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| 1116 | 1088 | | 23 |
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| 1117 | 1089 | | 24 |
|---|
| 1118 | 1090 | | |
|---|
| 1119 | 1091 | | three-hundred-sixty-hour basic full-time training academy to become |
|---|
| 1120 | 1092 | | certified as a full-time peace or police officer. |
|---|
| 1121 | 1093 | | 4. Every person who has not been certi fied as a police or peace |
|---|
| 1122 | 1094 | | officer and is duly appointed or elected as a police or peace |
|---|
| 1123 | 1095 | | officer shall hold such position on a temporary basis only, and |
|---|
| 1124 | 1096 | | shall, within six (6) months from the date of appo intment or taking |
|---|
| 1125 | 1097 | | office, qualify as required in this subsection or forfeit such |
|---|
| 1126 | 1098 | | position. In computing the time for qualification, al l service |
|---|
| 1127 | 1099 | | shall be cumulative from date of first appointment or taking office |
|---|
| 1128 | 1100 | | as a police or peace officer with any depar tment in this state. |
|---|
| 1129 | 1101 | | a. The Council may extend the ti me requirement specified |
|---|
| 1130 | 1102 | | in this paragraph for good cause as determined by the |
|---|
| 1131 | 1103 | | Council. |
|---|
| 1132 | 1104 | | b. A duty is hereby imposed upon the employing agency to |
|---|
| 1133 | 1105 | | withhold payment of the compensation or wage of such |
|---|
| 1134 | 1106 | | unqualified officer. |
|---|
| 1135 | 1107 | | c. If the police or peace officer f ails to forfeit the |
|---|
| 1136 | 1108 | | position or the employing agency fails to require the |
|---|
| 1137 | 1109 | | officer to forfeit the position, the district attorney |
|---|
| 1138 | 1110 | | shall file the proper action to cause the forfeiting |
|---|
| 1139 | 1111 | | of such position. The district court of the county |
|---|
| 1140 | 1112 | | where the officer is e mployed shall have jurisdiction |
|---|
| 1141 | 1113 | | to hear the case. |
|---|
| 1142 | 1114 | | |
|---|
| 1145 | 1116 | | 2 |
|---|
| 1146 | 1117 | | 3 |
|---|
| 1147 | 1118 | | 4 |
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| 1148 | 1119 | | 5 |
|---|
| 1149 | 1120 | | 6 |
|---|
| 1150 | 1121 | | 7 |
|---|
| 1151 | 1122 | | 8 |
|---|
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|---|
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|---|
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|---|
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|---|
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|---|
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|---|
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|---|
| 1166 | 1137 | | 23 |
|---|
| 1167 | 1138 | | 24 |
|---|
| 1168 | 1139 | | |
|---|
| 1169 | 1140 | | 5. The Council may certify office rs who have completed a course |
|---|
| 1170 | 1141 | | of study in another state deemed by the Council to meet standards |
|---|
| 1171 | 1142 | | for Oklahoma peace offi cers providing the officer 's certification in |
|---|
| 1172 | 1143 | | the other state has not been revoked or voluntarily surrendered to |
|---|
| 1173 | 1144 | | avoid revocation or other disciplinary action and is not currently |
|---|
| 1174 | 1145 | | under suspension. |
|---|
| 1175 | 1146 | | 6. For purposes of this section, a police or peace officer is |
|---|
| 1176 | 1147 | | defined as a full-time duly appointed or elected officer who is paid |
|---|
| 1177 | 1148 | | for working more than twenty-five (25) hours per wee k and whose |
|---|
| 1178 | 1149 | | duties are to preserve the public peace, protect life and property, |
|---|
| 1179 | 1150 | | prevent crime, serve warrants, transport prisoners, and enforce laws |
|---|
| 1180 | 1151 | | and ordinances of this state, or any political subdivision thereof; |
|---|
| 1181 | 1152 | | provided, elected sheriffs and their de puties and elected, |
|---|
| 1182 | 1153 | | appointed, or acting chiefs of police shall meet the requirements of |
|---|
| 1183 | 1154 | | this subsection within the first six (6) months after assuming the |
|---|
| 1184 | 1155 | | duties of the office to which they are e lected or appointed or for |
|---|
| 1185 | 1156 | | which they are an acting chief; p rovided further, that this section |
|---|
| 1186 | 1157 | | shall not apply to persons designated by the Director of the |
|---|
| 1187 | 1158 | | Department of Corrections as peace officers pursuant to Section 510 |
|---|
| 1188 | 1159 | | of Title 57 of the Oklahoma Stat utes. |
|---|
| 1189 | 1160 | | 7. Beginning November 1, 2022, each peace officer and reserve |
|---|
| 1190 | 1161 | | peace officer shall have to renew their individual certification |
|---|
| 1191 | 1162 | | every three (3) years by providing to CLEET proof of successful and |
|---|
| 1192 | 1163 | | timely completion of all required continuing education hours for the |
|---|
| 1193 | 1164 | | |
|---|
| 1234 | 1201 | | F. No person shall be cer tified as a police or peace officer by |
|---|
| 1235 | 1202 | | the Council or be employed by the state, a county, a city, or any |
|---|
| 1236 | 1203 | | political subdivision thereof, who is cu rrently subject to an order |
|---|
| 1237 | 1204 | | of the Council revoking, suspending, or accepting a voluntary |
|---|
| 1238 | 1205 | | surrender to avoid revocation o r other disciplinary action, or |
|---|
| 1239 | 1206 | | accepting a withdrawal of peace officer certification or who h as |
|---|
| 1240 | 1207 | | been convicted of a felony, a crime in volving moral turpit ude, or a |
|---|
| 1241 | 1208 | | crime of domestic violence, unless a full pardon has been granted by |
|---|
| 1242 | 1209 | | the proper agency; however, any person who has been trained and |
|---|
| 1243 | 1210 | | certified by the Council on Law Enforcement Educatio n and Training |
|---|
| 1274 | 1240 | | G. 1. The Council is hereby authorized to provide to any |
|---|
| 1275 | 1241 | | employing agency the following inf ormation regarding a person who is |
|---|
| 1276 | 1242 | | or has applied for employment as a police o r peace officer of such |
|---|
| 1277 | 1243 | | employing agency: |
|---|
| 1278 | 1244 | | a. Oklahoma State Bureau of Investigation and Federal |
|---|
| 1279 | 1245 | | Bureau of Investigation reports, |
|---|
| 1280 | 1246 | | b. administration of the psychological tests prov ided for |
|---|
| 1281 | 1247 | | herein, |
|---|
| 1282 | 1248 | | c. performance in the course of study or other basis of |
|---|
| 1283 | 1249 | | certification, |
|---|
| 1284 | 1250 | | d. previous certifications issued, and |
|---|
| 1285 | 1251 | | e. any administrative or judicial determination denyin g |
|---|
| 1286 | 1252 | | certification. |
|---|
| 1287 | 1253 | | 2. An employing agency shall not be liable in any action |
|---|
| 1288 | 1254 | | arising out of the r elease of contents of personnel information |
|---|
| 1289 | 1255 | | relevant to the qualifications or ability of a person to perform the |
|---|
| 1290 | 1256 | | duties of a police or peace officer when such information is |
|---|
| 1291 | 1257 | | released pursuant to written authorization for release of |
|---|
| 1292 | 1258 | | information signed by su ch person and is provided to another |
|---|
| 1293 | 1259 | | employing agency whic h has employed or has received an application |
|---|
| 1294 | 1260 | | for employment from such person. |
|---|
| 1324 | 1289 | | employed or received an employment application from a person who, if |
|---|
| 1325 | 1290 | | employed, would be subject to this section. |
|---|
| 1326 | 1291 | | H. 1. A law enforcement agency employing police or peace |
|---|
| 1327 | 1292 | | officers in this state shall report the hiring, resignation, or |
|---|
| 1328 | 1293 | | termination for any reason of a police or peace officer to the |
|---|
| 1329 | 1294 | | Council within ten (10) days. Failure to comply with the provisions |
|---|
| 1330 | 1295 | | of this subsection may d isqualify a law enforcement agency from |
|---|
| 1331 | 1296 | | participating in training programs sponsored by the Cou ncil. Every |
|---|
| 1332 | 1297 | | law enforcement agency employing police or peace officers in this |
|---|
| 1333 | 1298 | | state shall submit to CLEET on or before October 1 of each cal endar |
|---|
| 1334 | 1299 | | year a complete list of all commissioned employees with a current |
|---|
| 1335 | 1300 | | mailing address and phone number for each s uch employee. In |
|---|
| 1336 | 1301 | | addition to the above, CLEET may impose an administrative fi ne for |
|---|
| 1337 | 1302 | | violations of this section. |
|---|
| 1338 | 1303 | | 2. A tribal law enforcement agency that has peace officers |
|---|
| 1339 | 1304 | | commissioned by an Oklahoma law enforcemen t agency pursuant to a |
|---|
| 1340 | 1305 | | cross-deputization agreement with the State of Oklahoma this state |
|---|
| 1341 | 1306 | | or any political subdivision of the State of Oklahoma this state |
|---|
| 1342 | 1307 | | pursuant to the provisions of Section 1221 of Tit le 74 of the |
|---|
| 1343 | 1308 | | Oklahoma Statutes shall report the commissioning, resignation, or |
|---|
| 1344 | 1309 | | termination of commission for any re ason of a cross-deputized tribal |
|---|
| 1345 | 1310 | | police or peace officer to CLEET within ten ( 10) days of the |
|---|
| 1375 | 1339 | | enforcement agency from particip ating in training pr ograms sponsored |
|---|
| 1376 | 1340 | | by the Council. |
|---|
| 1377 | 1341 | | I. It is unlawful for an y person to willfully make any |
|---|
| 1378 | 1342 | | statement in an application to C LEET knowing the sta tement is false |
|---|
| 1379 | 1343 | | or intentionally commit fraud in any application to the Council for |
|---|
| 1380 | 1344 | | attendance in any CLEET-conducted or CLEET-approved peace officer |
|---|
| 1381 | 1345 | | academy or Collegiate O fficer Program or for the purpose of |
|---|
| 1382 | 1346 | | obtaining peace officer ce rtification or reins tatement. It is |
|---|
| 1383 | 1347 | | unlawful for any person to willfully submit false or fraudulent |
|---|
| 1384 | 1348 | | documents relating to continuing e ducation rosters, transcripts or |
|---|
| 1385 | 1349 | | certificates, or any cani ne license application. Any person |
|---|
| 1386 | 1350 | | convicted of a violation of this subsection shall be guilty of a |
|---|
| 1387 | 1351 | | felony punishable by imprisonment in the Department of Corrections |
|---|
| 1388 | 1352 | | for a term of not less than two (2) years nor more than five (5) |
|---|
| 1389 | 1353 | | years, or by a fine not exceeding Two Thousand Dollars ($2,000.00), |
|---|
| 1390 | 1354 | | or by both such fine and imprisonment. In addition to the above, |
|---|
| 1391 | 1355 | | CLEET may impose an administrative fine. |
|---|
| 1392 | 1356 | | J. 1. A police or peace officer shall be sub ject to denial of |
|---|
| 1393 | 1357 | | certification or disciplinary action to include a denial letter of |
|---|
| 1394 | 1358 | | reprimand, suspension, revocation or acceptance of voluntary |
|---|
| 1395 | 1359 | | surrender a withdrawal of peace officer certification upon a showing |
|---|
| 1396 | 1360 | | of clear and convincing evidence for the following: |
|---|
| 1426 | 1389 | | b. conviction of a misdemeanor involving moral turp itude; |
|---|
| 1427 | 1390 | | provided, if the conviction is a single isolated |
|---|
| 1428 | 1391 | | incident that occurred more than five (5) years ago |
|---|
| 1429 | 1392 | | before the person applies for peace of ficer |
|---|
| 1430 | 1393 | | certification, is disclosed at the time t he person |
|---|
| 1431 | 1394 | | applies for peace officer certification, and the |
|---|
| 1432 | 1395 | | Council is satisfied that the person has been |
|---|
| 1433 | 1396 | | sufficiently rehabilitated, the Council may, in its |
|---|
| 1434 | 1397 | | discretion, certify such person providing t hat all |
|---|
| 1435 | 1398 | | other statutory requirements have been met, |
|---|
| 1436 | 1399 | | c. a verdict of guilt or entry of a plea of guilty or |
|---|
| 1437 | 1400 | | nolo contendere or an "Alford" plea or any plea other |
|---|
| 1438 | 1401 | | than a not guilty plea for a felony offense, a crime |
|---|
| 1439 | 1402 | | of moral turpitude, or a crime of domestic violence, |
|---|
| 1440 | 1403 | | d. falsification or a willful misrepresentatio n of |
|---|
| 1441 | 1404 | | information in an employment application or |
|---|
| 1442 | 1405 | | application to the Council on Law Enforcement |
|---|
| 1443 | 1406 | | Education and Training, records of evidence, or in |
|---|
| 1444 | 1407 | | testimony under oath, |
|---|
| 1445 | 1408 | | e. revocation, suspension, or voluntary surrender of |
|---|
| 1446 | 1409 | | police or peace officer certificati on in another state |
|---|
| 1476 | 1438 | | f. involuntary commitment of a reserve or peace officer |
|---|
| 1477 | 1439 | | in a mental institution or licensed pri vate mental |
|---|
| 1478 | 1440 | | health facility for any mental illn ess, condition or |
|---|
| 1479 | 1441 | | disorder that is diagnosed by a licensed physician, |
|---|
| 1480 | 1442 | | psychologist or a licensed mental health professional |
|---|
| 1481 | 1443 | | as a substantial disorder of thought, mood, |
|---|
| 1482 | 1444 | | perception, psychological orientation, or memory that |
|---|
| 1483 | 1445 | | significantly impairs judgment, be havior, capacity to |
|---|
| 1484 | 1446 | | recognize reality, or ab ility to meet the ordinary |
|---|
| 1485 | 1447 | | demands of life. Provided, the peace officer |
|---|
| 1486 | 1448 | | certification may be reinstated upon the Council |
|---|
| 1487 | 1449 | | receiving notification of a psychological e valuation |
|---|
| 1488 | 1450 | | conducted by a licensed physician, ps ychologist or |
|---|
| 1489 | 1451 | | licensed mental health profess ional which attests and |
|---|
| 1490 | 1452 | | states by affidavit that the officer and the |
|---|
| 1491 | 1453 | | evaluation test data of the officer have been examined |
|---|
| 1492 | 1454 | | and that, in the professional opinion of the |
|---|
| 1493 | 1455 | | physician, psychologist or licensed mental health |
|---|
| 1494 | 1456 | | professional, the officer is psycholo gically suitable |
|---|
| 1495 | 1457 | | to return to duty as a peace officer. Notwithstanding |
|---|
| 1496 | 1458 | | any other provision of state law pertaining to |
|---|
| 1497 | 1459 | | confidentiality of hospital or other medical r ecords, |
|---|
| 1536 | 1498 | | 2. Disciplinary proceedings shall be commenced by filing a |
|---|
| 1537 | 1499 | | complaint with the Council on a form approved by t he Council. Any |
|---|
| 1538 | 1500 | | employing agency or other person having information may submit such |
|---|
| 1539 | 1501 | | information to the Council for consideration as provided in t his |
|---|
| 1540 | 1502 | | subsection. |
|---|
| 1541 | 1503 | | 3. Upon the filing of the complaint, a preliminary |
|---|
| 1542 | 1504 | | investigation shall be conducted to determ ine whether: |
|---|
| 1543 | 1505 | | a. there is reason to believe the person has violated any |
|---|
| 1544 | 1506 | | provision of this subsection or any other provision of |
|---|
| 1545 | 1507 | | law or rule, or |
|---|
| 1546 | 1508 | | b. there is reason to believe the person has been |
|---|
| 1547 | 1509 | | convicted of a felony, a crime involving moral |
|---|
| 1548 | 1510 | | turpitude or a domestic violence offense or is |
|---|
| 1549 | 1511 | | |
|---|
| 1552 | 1513 | | 2 |
|---|
| 1553 | 1514 | | 3 |
|---|
| 1554 | 1515 | | 4 |
|---|
| 1555 | 1516 | | 5 |
|---|
| 1556 | 1517 | | 6 |
|---|
| 1557 | 1518 | | 7 |
|---|
| 1558 | 1519 | | 8 |
|---|
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|---|
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|---|
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|---|
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|---|
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|---|
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|---|
| 1565 | 1526 | | 15 |
|---|
| 1566 | 1527 | | 16 |
|---|
| 1567 | 1528 | | 17 |
|---|
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|---|
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|---|
| 1570 | 1531 | | 20 |
|---|
| 1571 | 1532 | | 21 |
|---|
| 1572 | 1533 | | 22 |
|---|
| 1573 | 1534 | | 23 |
|---|
| 1574 | 1535 | | 24 |
|---|
| 1575 | 1536 | | |
|---|
| 1576 | 1537 | | currently participating in a deferred sentence for |
|---|
| 1577 | 1538 | | such offenses. |
|---|
| 1578 | 1539 | | 4. When the investigation of a complaint does not find the |
|---|
| 1579 | 1540 | | person has violated any of the provisions of this subsection, or |
|---|
| 1580 | 1541 | | finds that the person is sufficient ly rehabilitated as provided in |
|---|
| 1581 | 1542 | | subparagraph b or f of paragraph 1 of this subsection, no |
|---|
| 1582 | 1543 | | disciplinary action shall be required and the person sha ll remain |
|---|
| 1583 | 1544 | | certified as a police or peace officer. When the investigation of a |
|---|
| 1584 | 1545 | | complaint finds that the person has violated any of the provisions |
|---|
| 1585 | 1546 | | of this subsection, the matter shall be referred for disciplinary |
|---|
| 1586 | 1547 | | proceedings. The disciplinary proceedings s hall be in accordance |
|---|
| 1587 | 1548 | | with Articles I and II of the Administrative Procedures Act. |
|---|
| 1588 | 1549 | | 5. The Council shall revok e or suspend the certification of any |
|---|
| 1589 | 1550 | | person upon determining that such person has been convicted of a |
|---|
| 1590 | 1551 | | felony or a crime involving moral turpitude or a domestic violence |
|---|
| 1591 | 1552 | | offense or has entered a plea of guilty, or nolo contendere or an |
|---|
| 1592 | 1553 | | "Alford" plea or any plea other than a not guilty plea for a f elony |
|---|
| 1593 | 1554 | | offense, a crime of moral turpitude or a crime of domestic violence |
|---|
| 1594 | 1555 | | or is the respondent in a fina l Victims Victim Protective Order; |
|---|
| 1595 | 1556 | | provided, that if the conviction has been reversed, vacated or |
|---|
| 1596 | 1557 | | otherwise invalidated by an appellate court, such conviction shall |
|---|
| 1597 | 1558 | | not be the basis for revocation of certification; provided further, |
|---|
| 1598 | 1559 | | that any person who has been t rained and certified by the Council on |
|---|
| 1599 | 1560 | | Law Enforcement Education and Training and is actively employed as a |
|---|
| 1600 | 1561 | | |
|---|
| 1603 | 1563 | | 2 |
|---|
| 1604 | 1564 | | 3 |
|---|
| 1605 | 1565 | | 4 |
|---|
| 1606 | 1566 | | 5 |
|---|
| 1607 | 1567 | | 6 |
|---|
| 1608 | 1568 | | 7 |
|---|
| 1609 | 1569 | | 8 |
|---|
| 1610 | 1570 | | 9 |
|---|
| 1611 | 1571 | | 10 |
|---|
| 1612 | 1572 | | 11 |
|---|
| 1613 | 1573 | | 12 |
|---|
| 1614 | 1574 | | 13 |
|---|
| 1615 | 1575 | | 14 |
|---|
| 1616 | 1576 | | 15 |
|---|
| 1617 | 1577 | | 16 |
|---|
| 1618 | 1578 | | 17 |
|---|
| 1619 | 1579 | | 18 |
|---|
| 1620 | 1580 | | 19 |
|---|
| 1621 | 1581 | | 20 |
|---|
| 1622 | 1582 | | 21 |
|---|
| 1623 | 1583 | | 22 |
|---|
| 1624 | 1584 | | 23 |
|---|
| 1625 | 1585 | | 24 |
|---|
| 1626 | 1586 | | |
|---|
| 1627 | 1587 | | full-time peace officer as of November 1, 19 85, shall not be subject |
|---|
| 1628 | 1588 | | to the provisions of this subsection for convictions occurring prior |
|---|
| 1629 | 1589 | | to November 1, 1985. The sole issue to be determined at the hearing |
|---|
| 1630 | 1590 | | shall be whether the person has been convicted of a felony, a crime |
|---|
| 1631 | 1591 | | involving moral turpitude or a domestic violence offense or is the |
|---|
| 1632 | 1592 | | named respondent/defendant in a final Victims Victim Protective |
|---|
| 1633 | 1593 | | Order. |
|---|
| 1634 | 1594 | | 6. The Council shall revoke or suspend the certification of any |
|---|
| 1635 | 1595 | | person upon determining that such person has received a deferred |
|---|
| 1636 | 1596 | | sentence for a felony, a crime involving moral turpitude or a |
|---|
| 1637 | 1597 | | domestic violence offens e. |
|---|
| 1638 | 1598 | | 7. The Council may suspend the certification of any person upon |
|---|
| 1639 | 1599 | | a determination that such person has been involuntarily committed to |
|---|
| 1640 | 1600 | | a mental institution or mental health facility for a mental illness, |
|---|
| 1641 | 1601 | | condition or disorde r as provided in subparagraph f of paragraph 1 |
|---|
| 1642 | 1602 | | of this subsection. |
|---|
| 1643 | 1603 | | 8. Every law enforcement agency in this state shall, within |
|---|
| 1644 | 1604 | | thirty (30) days of a fi nal order of termination or resignation |
|---|
| 1645 | 1605 | | while under investigation o f a CLEET-certified peace officer, re port |
|---|
| 1646 | 1606 | | such order or resignation in writing to the Executive Director of |
|---|
| 1647 | 1607 | | the Council. Any report, upon receipt by the Council, shall be |
|---|
| 1648 | 1608 | | considered as personnel records and shall be afforded confidential |
|---|
| 1649 | 1609 | | protection pursuant to Sections 24A.7 and 24A.8 of Tit le 51 of the |
|---|
| 1650 | 1610 | | Oklahoma Statutes. Any medical or other confidential records |
|---|
| 1651 | 1611 | | |
|---|
| 1654 | 1613 | | 2 |
|---|
| 1655 | 1614 | | 3 |
|---|
| 1656 | 1615 | | 4 |
|---|
| 1657 | 1616 | | 5 |
|---|
| 1658 | 1617 | | 6 |
|---|
| 1659 | 1618 | | 7 |
|---|
| 1660 | 1619 | | 8 |
|---|
| 1661 | 1620 | | 9 |
|---|
| 1662 | 1621 | | 10 |
|---|
| 1663 | 1622 | | 11 |
|---|
| 1664 | 1623 | | 12 |
|---|
| 1665 | 1624 | | 13 |
|---|
| 1666 | 1625 | | 14 |
|---|
| 1667 | 1626 | | 15 |
|---|
| 1668 | 1627 | | 16 |
|---|
| 1669 | 1628 | | 17 |
|---|
| 1670 | 1629 | | 18 |
|---|
| 1671 | 1630 | | 19 |
|---|
| 1672 | 1631 | | 20 |
|---|
| 1673 | 1632 | | 21 |
|---|
| 1674 | 1633 | | 22 |
|---|
| 1675 | 1634 | | 23 |
|---|
| 1676 | 1635 | | 24 |
|---|
| 1677 | 1636 | | |
|---|
| 1678 | 1637 | | obtained by subpoena pursuant to this subsection shall not be made a |
|---|
| 1679 | 1638 | | part of such report. The Executive Director shall ensure that the |
|---|
| 1680 | 1639 | | report is provided to all members of the Council. The Council shall |
|---|
| 1681 | 1640 | | review and make recommendations concerning the report at the first |
|---|
| 1682 | 1641 | | meeting of the Council to occur after all members of the Coun cil |
|---|
| 1683 | 1642 | | have received the report. The Council may, by a majority vote, |
|---|
| 1684 | 1643 | | order the suspension, for a given pe riod of time, or revocation of |
|---|
| 1685 | 1644 | | the CLEET certification of the peace officer in question if there |
|---|
| 1686 | 1645 | | are grounds for such actions pursuant to this section a nd the peace |
|---|
| 1687 | 1646 | | officer in question has been provided with notice and an opportunity |
|---|
| 1688 | 1647 | | for a hearing pursuant to the Administrative Procedu res Act. |
|---|
| 1689 | 1648 | | Suspension or revocation of CLEET certification pursuant to this |
|---|
| 1690 | 1649 | | paragraph shall be reported to the district att orney for the |
|---|
| 1691 | 1650 | | jurisdiction in which the peace officer was employed, to the |
|---|
| 1692 | 1651 | | liability insurance company of the law enforcement agency t hat |
|---|
| 1693 | 1652 | | employed the peace officer, the chief elected official of the |
|---|
| 1694 | 1653 | | governing body of the law enforcement agency and the chi ef law |
|---|
| 1695 | 1654 | | enforcement officer of the law enforcement agency. |
|---|
| 1696 | 1655 | | 9. For all other violations of this subsectio n, the hearing |
|---|
| 1697 | 1656 | | examiner Executive Director or designee shall take into |
|---|
| 1698 | 1657 | | consideration the severity of the violation , any mitigating |
|---|
| 1699 | 1658 | | circumstances offered by the person subject to disciplinary action, |
|---|
| 1730 | 1687 | | 10. a. A police or peace officer may voluntarily surrender |
|---|
| 1731 | 1688 | | and relinquish the peace officer certification to |
|---|
| 1732 | 1689 | | CLEET who is the subject of an investigation into, or |
|---|
| 1733 | 1690 | | a pending or concluded proceeding involving |
|---|
| 1734 | 1691 | | allegations of violations of any of the provisions of |
|---|
| 1735 | 1692 | | this section, other provisions of law, or C LEET's |
|---|
| 1736 | 1693 | | administrative rules may withdraw his or her peace |
|---|
| 1737 | 1694 | | officer certificatio n pursuant to promulgated CLEET |
|---|
| 1738 | 1695 | | rules governing the same. Pursuant to such surrender |
|---|
| 1739 | 1696 | | or relinquishment withdrawal of certification, the |
|---|
| 1740 | 1697 | | person surrendering withdrawing the certification |
|---|
| 1741 | 1698 | | shall be prohibited from applying to CLEET for |
|---|
| 1742 | 1699 | | reinstatement within five (5) years of the date of the |
|---|
| 1743 | 1700 | | surrender or relinquishment withdrawal, unless |
|---|
| 1744 | 1701 | | otherwise provided by law for reinstatement. |
|---|
| 1745 | 1702 | | b. No Any person who has had a police or peace officer |
|---|
| 1746 | 1703 | | certification from another state revoked or |
|---|
| 1747 | 1704 | | voluntarily surrendered to avoid revocation or other |
|---|
| 1748 | 1705 | | disciplinary action and has not been reinstated by |
|---|
| 1749 | 1706 | | that state shall not be considered for ce rtification |
|---|
| 1750 | 1707 | | by CLEET. |
|---|
| 1781 | 1737 | | apply for reinstatement pursuant to promulgated CLEET |
|---|
| 1782 | 1738 | | rules governing reinstatement. Except as provided in |
|---|
| 1783 | 1739 | | this subsection, any person whose certification has |
|---|
| 1784 | 1740 | | been revoked, suspended or, voluntarily surrendered , |
|---|
| 1785 | 1741 | | or withdrawn for any reason including failure to |
|---|
| 1786 | 1742 | | comply with mandatory education and training |
|---|
| 1787 | 1743 | | requirements, shall pay a reinstatement fee of One |
|---|
| 1788 | 1744 | | Hundred Fifty Dollars ($150.00) to be deposited to the |
|---|
| 1789 | 1745 | | credit of the Peace Officer Revolving Fund created |
|---|
| 1790 | 1746 | | pursuant to Section 3311.7 of thi s title. |
|---|
| 1791 | 1747 | | 11. A duty is hereby imposed upon the district attorney who, on |
|---|
| 1792 | 1748 | | behalf of the State of Oklahoma this state, prosecutes a perso n |
|---|
| 1793 | 1749 | | holding police or peace officer or reserve peace officer |
|---|
| 1794 | 1750 | | certification for a felony, a crime involving moral turpitude, or a |
|---|
| 1795 | 1751 | | crime of domestic violence in which a plea of guilty , nolo |
|---|
| 1796 | 1752 | | contendere, or an "Alford" plea or any other plea other than a not |
|---|
| 1797 | 1753 | | guilty plea or other finding of guilt is entered by, against or on |
|---|
| 1798 | 1754 | | behalf of a certified police or peace officer to report such plea, |
|---|
| 1799 | 1755 | | agreement, or other finding of guilt to the Coun cil on Law |
|---|
| 1800 | 1756 | | Enforcement Education and Training within ten (10) days of such pl ea |
|---|
| 1801 | 1757 | | agreement or the finding of guilt. |
|---|
| 1832 | 1787 | | long as the information wa s submitted in good faith and without |
|---|
| 1833 | 1788 | | malice. |
|---|
| 1834 | 1789 | | 13. Any peace officer employed by a law enforcement agency in |
|---|
| 1835 | 1790 | | this state which has internal discipline policies and procedures on |
|---|
| 1836 | 1791 | | file with CLEET shall be exempt from the disciplinary proceedings |
|---|
| 1837 | 1792 | | and actions provided for in this subsection; provided, however, such |
|---|
| 1838 | 1793 | | exemption shall not apply if the peace officer has bee n convicted of |
|---|
| 1839 | 1794 | | a felony crime, a crime of moral turpitude, or a crime of domestic |
|---|
| 1840 | 1795 | | violence. |
|---|
| 1841 | 1796 | | 14. All criminal proceedings initiated against a CLEE T- |
|---|
| 1842 | 1797 | | certified peace officer or reserve peace officer shall be reported |
|---|
| 1843 | 1798 | | by the officer to CLEET immediately after arrest or discovery of the |
|---|
| 1844 | 1799 | | filing of such criminal proceeding. All CLEET-certified peace |
|---|
| 1845 | 1800 | | officers and reserve peace officers shall be required t o report when |
|---|
| 1846 | 1801 | | a Victim Protective Order has been issued against the officer |
|---|
| 1847 | 1802 | | including orders issued on an emer gency basis and all final orders |
|---|
| 1848 | 1803 | | of protection. Failure to give noti ce pursuant to the provisions of |
|---|
| 1849 | 1804 | | this paragraph may be cause to initiate an a ction against the |
|---|
| 1850 | 1805 | | officer by CLEET. |
|---|
| 1851 | 1806 | | 15. As used in this subsection: |
|---|
| 1883 | 1837 | | criminal laws of this state or municipal ordinances, |
|---|
| 1884 | 1838 | | which employs CLEET-certified personnel, |
|---|
| 1885 | 1839 | | b. "final order of termination" means a final notice of |
|---|
| 1886 | 1840 | | dismissal from employment provided after all |
|---|
| 1887 | 1841 | | grievance, arbitration, and court actions h ave been |
|---|
| 1888 | 1842 | | completed, and |
|---|
| 1889 | 1843 | | c. "resignation while under investigation" means the |
|---|
| 1890 | 1844 | | resignation from employment of a peace officer who is |
|---|
| 1891 | 1845 | | under investigation for any felony violation of law, a |
|---|
| 1892 | 1846 | | crime of moral turpitude, a crime of domestic |
|---|
| 1893 | 1847 | | violence, or the resigna tion from employment of a |
|---|
| 1894 | 1848 | | peace officer as part of an arbitration or plea |
|---|
| 1934 | 1850 | | K. 1. Every canine team in the state trained to detect |
|---|
| 1935 | 1851 | | controlled dangerous substances shall be certified, by test, in the |
|---|
| 1936 | 1852 | | detection of such controlled dangerous substan ces and shall be |
|---|
| 1937 | 1853 | | recertified annually so long as the canine is used for such |
|---|
| 1938 | 1854 | | detection purposes. The certific ation test and annual |
|---|
| 1939 | 1855 | | recertification test provisions of this subsect ion shall not be |
|---|
| 1940 | 1856 | | applicable to canines that are owned by a law enforcement ag ency and |
|---|
| 1941 | 1857 | | that are certified and annually recertified in the detection of |
|---|
| 1942 | 1858 | | controlled dangerous substances by th e United States Customs |
|---|
| 1943 | 1859 | | Service. No employee of CLEET may be involve d in the training or |
|---|
| 1944 | 1860 | | testing of a canine team. |
|---|
| 1945 | 1887 | | 2. The Council shall appoint a Drug Dog Advisory Council to |
|---|
| 1946 | 1888 | | make recommendations concerning minimum standards, educational |
|---|
| 1947 | 1889 | | needs, and other matters imperative to the certification of canines |
|---|
| 1948 | 1890 | | and canine teams trained to detect controlled dangerous substances. |
|---|
| 1949 | 1891 | | The Council shall promulg ate rules based upon the recommendations of |
|---|
| 1950 | 1892 | | the Advisory Council. Members of the Advisory Council shall |
|---|
| 1951 | 1893 | | include, but need not be limited to, a commissioned officer with |
|---|
| 1952 | 1894 | | practical knowledge of such canines and canine teams from each of |
|---|
| 1953 | 1895 | | the following: |
|---|
| 1981 | 1896 | | a. the Oklahoma State Bureau of Narcotics and Dangerous |
|---|
| 1982 | 1897 | | Drugs Control, |
|---|
| 1983 | 1898 | | b. the Department of Public Safety, |
|---|
| 1984 | 1899 | | c. a police department, |
|---|
| 1985 | 1900 | | d. a sheriff's office, and |
|---|
| 1986 | 1901 | | e. a university or college campus police department. |
|---|
| 1987 | 1902 | | 3. The fee for the certification test shall be Tw o Hundred |
|---|
| 1988 | 1903 | | Dollars ($200.00) and the annual recertification test fee shall be |
|---|
| 1989 | 1904 | | One Hundred Dollars ($100.00) per canine team. A retest fee of |
|---|
| 1990 | 1905 | | Fifty Dollars ($50.00) will be charged if the team fails the test. |
|---|
| 1991 | 1906 | | No such fee shall be charged to any local, stat e or federal |
|---|
| 1992 | 1907 | | government agency. The fees provided for in this paragraph shall be |
|---|
| 1993 | 1908 | | deposited to the credit of t he CLEET Fund created pursuant to |
|---|
| 1994 | 1909 | | Section 1313.2 of Title 20 of the O klahoma Statutes. |
|---|
| 1995 | 1936 | | L. 1. Every canine team in the state trained to detect |
|---|
| 1996 | 1937 | | explosives, explosive materials, explosive devices, and materials |
|---|
| 1997 | 1938 | | which could be used to construct an explosive device shall be |
|---|
| 1998 | 1939 | | certified, by test, in the detection of such explosiv es and |
|---|
| 1999 | 1940 | | materials and shall be recertified annually so long as the canine is |
|---|
| 2000 | 1941 | | used for such detection purposes. The certification test and annual |
|---|
| 2001 | 1942 | | recertification test provisions of this su bsection shall not be |
|---|
| 2002 | 1943 | | applicable to canines that are owned by a law e nforcement agency if |
|---|
| 2003 | 1944 | | such canines are certified and annually recertified in t he detection |
|---|
| 2004 | 1945 | | of explosives and materials by the United States Department of |
|---|
| 2032 | 1946 | | Defense. No employee of CLEET may be involved in the training or |
|---|
| 2033 | 1947 | | testing of a canine team. |
|---|
| 2034 | 1948 | | 2. The Council shall appoint a Bomb Dog Advisory Council to |
|---|
| 2035 | 1949 | | make recommendations concer ning minimum standards, educational |
|---|
| 2036 | 1950 | | needs, and other matters imperative to the certification of canines |
|---|
| 2037 | 1951 | | and canine teams trained to detect explosives, explosive materials, |
|---|
| 2038 | 1952 | | explosive devices and materials which could be used to construct an |
|---|
| 2039 | 1953 | | explosive device. The Council shall promulgate rules based upon the |
|---|
| 2040 | 1954 | | recommendations of the Advisory Council. Members of the Advisory |
|---|
| 2041 | 1955 | | Council shall include, but need not be limited to, a commiss ioned |
|---|
| 2042 | 1956 | | officer with practical knowledge of such canines and canine teams |
|---|
| 2043 | 1957 | | from each of the following: |
|---|
| 2044 | 1958 | | a. the Department of Public Safety, |
|---|
| 2045 | 1959 | | b. a police department, |
|---|
| 2046 | 1986 | | c. a sheriff's office, and |
|---|
| 2047 | 1987 | | d. a university or college campus police department. |
|---|
| 2048 | 1988 | | 3. The fee for the certification test shall be Two Hundred |
|---|
| 2049 | 1989 | | Dollars ($200.00) and the annual recertification test fee shall be |
|---|
| 2050 | 1990 | | One Hundred Dollars ($100.00) per canine team. A retest fee of |
|---|
| 2051 | 1991 | | Fifty Dollars ($50.00) will be charged if the team fails the test. |
|---|
| 2052 | 1992 | | No such fee shall be charged to any local, state or federal |
|---|
| 2053 | 1993 | | government agency. The fees p rovided for in this paragraph shall be |
|---|
| 2054 | 1994 | | deposited to the credit of the CLEET Fund created pursuant to |
|---|
| 2055 | 1995 | | Section 1313.2 of Title 20 of the Oklahoma Statutes. |
|---|
| 2083 | 1996 | | M. All tribal police off icers of any Indian tribe or nation who |
|---|
| 2084 | 1997 | | have been commissioned by an Oklahoma law enforcement agency |
|---|
| 2085 | 1998 | | pursuant to a cross-deputization agreement with the State of |
|---|
| 2086 | 1999 | | Oklahoma this state or any political subdivision of the State of |
|---|
| 2087 | 2000 | | Oklahoma this state pursuant to the provisions of Section 12 21 of |
|---|
| 2088 | 2001 | | Title 74 of the Oklahoma Statutes shall be eligible for peace |
|---|
| 2089 | 2002 | | officer certification under the same terms and conditions required |
|---|
| 2090 | 2003 | | of members of the law enforcement agenci es of the State of Oklahoma |
|---|
| 2091 | 2004 | | this state and its political subdivisions. CLEET shall issue pe ace |
|---|
| 2092 | 2005 | | officer certification to tribal police officers who, as of July 1, |
|---|
| 2093 | 2006 | | 2003, are commissioned by an Oklahoma law enforcement agency |
|---|
| 2094 | 2007 | | pursuant to a cross-deputization agreement with the State of |
|---|
| 2095 | 2008 | | Oklahoma this state or any political subdivision of the State of |
|---|
| 2096 | 2009 | | Oklahoma this state pursuant to the provisions of Section 1221 of |
|---|
| 2097 | 2036 | | Title 74 of the Oklahoma Statutes and have met the training and |
|---|
| 2098 | 2037 | | qualification requirements of this section. |
|---|
| 2099 | 2038 | | N. If an employing law enforcement agency in this state has |
|---|
| 2100 | 2039 | | paid for CLEET training and the salary of a person while that person |
|---|
| 2101 | 2040 | | is completing in this state a basic police course approved by the |
|---|
| 2102 | 2041 | | Council and if within one (1) year after initial employment with the |
|---|
| 2103 | 2042 | | original employing agency that person resigns and is hired by |
|---|
| 2104 | 2043 | | another law enforcement agency in this state, the second agency or |
|---|
| 2105 | 2044 | | the person receiving the training shall reimburse the original |
|---|
| 2106 | 2045 | | employing agency for the cost of CLEET training and salary paid to |
|---|
| 2134 | 2046 | | the person while completing the basic police course by the original |
|---|
| 2135 | 2047 | | employing agency. If the person leaves the original employing |
|---|
| 2136 | 2048 | | agency later than one (l) year, but less than two (2) years, after |
|---|
| 2137 | 2049 | | the initial employment, the second agency or the person receiving |
|---|
| 2138 | 2050 | | the training shall reimburse the original employing agency fifty |
|---|
| 2139 | 2051 | | percent (50%) of the cost of CLEET training and salary paid to the |
|---|
| 2140 | 2052 | | person while completing the basic police course by the original |
|---|
| 2141 | 2053 | | employing agency. CLEET shall not be a party to any court action |
|---|
| 2142 | 2054 | | based on this provision. |
|---|
| 2143 | 2055 | | O. The Council on Law Enforcement Education and Tr aining, in |
|---|
| 2144 | 2056 | | its discretion, may waive all or part of any moneys due to the |
|---|
| 2145 | 2057 | | Council, if deemed uncollectable by the Council. |
|---|
| 2146 | 2058 | | P. Peace officers, reserve peace officers, tribal peace |
|---|
| 2147 | 2059 | | officers, agencies, bail enforcers, security guards and private |
|---|
| 2148 | 2086 | | investigators shall maintain with the Council current mailing |
|---|
| 2149 | 2087 | | addresses and shall notify the Council, in writing, of any change of |
|---|
| 2150 | 2088 | | address or name. Notification of change of name shall require |
|---|
| 2151 | 2089 | | certified copies of any marriage license or other court document |
|---|
| 2152 | 2090 | | which reflects the change of name. Notice of change of address or |
|---|
| 2153 | 2091 | | telephone number must be made within ten (10) days of the effected |
|---|
| 2154 | 2092 | | change. Notices shall not be accepted over the phone. In any |
|---|
| 2155 | 2093 | | proceeding in which the Council is required to serve notice or an |
|---|
| 2156 | 2094 | | order on an individual or an agency, the Council may send a letter |
|---|
| 2157 | 2095 | | to the mailing address on file with the Council. If the letter is |
|---|
| 2185 | 2096 | | returned and a notation of the U.S. Postal Service indicates |
|---|
| 2186 | 2097 | | "unclaimed", or "moved", or "refused" or any other nondelivery |
|---|
| 2187 | 2098 | | markings and the records of the Council indicate that no change of |
|---|
| 2188 | 2099 | | address as required by this subsection has been received by the |
|---|
| 2189 | 2100 | | Council, the notice and any subsequent notices or orders shall be |
|---|
| 2190 | 2101 | | deemed by the Court as having been legally served for all p urposes. |
|---|
| 2191 | 2102 | | Q. All CLEET records of Bail Enforcers bail enforcers may be |
|---|
| 2192 | 2103 | | released only in compliance with this section and the Oklahoma Bail |
|---|
| 2193 | 2104 | | Enforcement and Licensing Act. All records in CLEET possession |
|---|
| 2194 | 2105 | | concerning other persons or entities shall be released only in |
|---|
| 2195 | 2106 | | compliance with this section and the Oklahoma Open Records Act. |
|---|
| 2196 | 2107 | | SECTION 2. AMENDATORY 70 O.S. 2021, Section 3311.4, is |
|---|
| 2197 | 2108 | | amended to read as follows: |
|---|
| 2204 | | - | accredited catalogued or provided by CLEET which per certification |
|---|
| 2205 | | - | cycle. Such training shall include a mandatory two (2) six (6) |
|---|
| 2206 | | - | hours on mental health issues . Effective November 1, 2019, CLEET |
|---|
| 2207 | | - | shall establish appropriate traini ng resources which and shall |
|---|
| 2208 | | - | include training on the policies and protocols for responding to |
|---|
| 2209 | | - | |
|---|
| 2210 | | - | SB1537 HFLR Page 44 |
|---|
| 2211 | | - | BOLD FACE denotes Committee Amendments. 1 |
|---|
| 2212 | | - | 2 |
|---|
| 2213 | | - | 3 |
|---|
| 2214 | | - | 4 |
|---|
| 2215 | | - | 5 |
|---|
| 2216 | | - | 6 |
|---|
| 2217 | | - | 7 |
|---|
| 2218 | | - | 8 |
|---|
| 2219 | | - | 9 |
|---|
| 2220 | | - | 10 |
|---|
| 2221 | | - | 11 |
|---|
| 2222 | | - | 12 |
|---|
| 2223 | | - | 13 |
|---|
| 2224 | | - | 14 |
|---|
| 2225 | | - | 15 |
|---|
| 2226 | | - | 16 |
|---|
| 2227 | | - | 17 |
|---|
| 2228 | | - | 18 |
|---|
| 2229 | | - | 19 |
|---|
| 2230 | | - | 20 |
|---|
| 2231 | | - | 21 |
|---|
| 2232 | | - | 22 |
|---|
| 2233 | | - | 23 |
|---|
| 2234 | | - | 24 |
|---|
| 2235 | | - | |
|---|
| 2236 | | - | sexual assault calls, guidelines for the collection an d maintenance |
|---|
| 2237 | | - | of sexual assault kits and continuing education on trauma -informed |
|---|
| 2141 | + | accredited catalogued or provided by CLEET per certification cycle. |
|---|
| 2142 | + | which Such training shall include a mandatory two (2) six (6) hours |
|---|
| 2143 | + | on mental health issues . Effective November 1, 2019, CLEET shall |
|---|
| 2144 | + | establish appropriate training resources which and shall include |
|---|
| 2145 | + | training on the policies and protocols for responding to sexual |
|---|
| 2146 | + | assault calls, guidelines for the collection an d maintenance of |
|---|
| 2147 | + | sexual assault kits and continuing education on trauma -informed |
|---|
| 2238 | 2148 | | sexual assault response and intervention , and shall require all |
|---|
| 2239 | 2149 | | CLEET-certified law enforcement officers to complete suc h training |
|---|
| 2240 | 2150 | | on a regular basis to be determined by CLEET . CLEET shall |
|---|
| 2241 | 2151 | | promulgate rules to enforce the provisions of this section and shall |
|---|
| 2242 | 2152 | | enter into contracts and agreements f or the payment of classroo m |
|---|
| 2243 | 2153 | | space, training, food, and lodging expenses as may b e necessary for |
|---|
| 2244 | 2154 | | law enforcement officers attending such training in accordance with |
|---|
| 2245 | 2155 | | subsection B of Section 3311 of this title. Such training and |
|---|
| 2246 | 2156 | | seminars shall be conducted i n all areas of this state at technology |
|---|
| 2247 | 2157 | | center schools, institutions of higher e ducation, or other approved |
|---|
| 2248 | 2158 | | sites. |
|---|
| 2249 | 2185 | | B. Beginning January 1, 2017 November 1, 2022, and annually |
|---|
| 2250 | 2186 | | thereafter, every active reserve peace officer, certified who is |
|---|
| 2251 | 2187 | | certified as a reserve officer by CLEET pursuant to Section 3311 of |
|---|
| 2252 | 2188 | | this title, shall attend an d complete a minimum of eight (8) twenty- |
|---|
| 2253 | 2189 | | four (24) hours of continuing law enforcement training accredited |
|---|
| 2254 | 2190 | | catalogued or provided by CLEET which per certification cycle. Such |
|---|
| 2255 | 2191 | | training shall include a mandatory one (1) hour training on mental |
|---|
| 2256 | 2192 | | health issues and on responding to sexual assault calls as mandated |
|---|
| 2257 | 2193 | | for full-time certified peace officers. |
|---|
| 2258 | 2194 | | C. Every inactive full-time or reserve peace officer, certified |
|---|
| 2259 | 2195 | | by CLEET, shall be exempt from these requi rements during the |
|---|
| 2291 | 2200 | | officer's certification has lapsed, the officer must complete |
|---|
| 2292 | 2201 | | refresher training a s prescribed by CLEET and which shall include a |
|---|
| 2293 | 2202 | | minimum of four (4) hours of mental health education and training , |
|---|
| 2294 | 2203 | | within one (1) year of employmen t before the peace officer or |
|---|
| 2295 | 2204 | | reserve peace officer's certification will be renewed. Upon reentry |
|---|
| 2296 | 2205 | | to active reserve status, the peace officer shall be required to |
|---|
| 2297 | 2206 | | comply with subsection B of this section. If a certified reserve |
|---|
| 2298 | 2207 | | officer has been inactive for five (5) or more years, the certified |
|---|
| 2299 | 2208 | | reserve officer shall complete a legal update as prescribed by |
|---|
| 2300 | 2235 | | CLEET. The Director of CLEET may waive these requirements based on |
|---|
| 2301 | 2236 | | review of all records of employment and training. |
|---|
| 2302 | 2237 | | D. Every tribal officer who is commissioned by an Oklahoma law |
|---|
| 2303 | 2238 | | enforcement agency purs uant to a cross-deputization agreement with |
|---|
| 2304 | 2239 | | the State of Oklahoma this state or any political subdivision of the |
|---|
| 2305 | 2240 | | State of Oklahoma this state pursuant to the provisions of Sect ion |
|---|
| 2306 | 2241 | | 1221 of Title 74 of the Okl ahoma Statutes shall comply with the |
|---|
| 2307 | 2242 | | provisions of this section. |
|---|
| 2308 | 2243 | | E. Any active full-time or reserve certified peace officer, o r |
|---|
| 2309 | 2244 | | CLEET-certified cross-deputized tribal officer who fails to meet the |
|---|
| 2310 | 2245 | | annual training requirement s specified in this section will be |
|---|
| 2338 | 2246 | | ineligible to renew their certification , shall be subject to having |
|---|
| 2339 | 2247 | | the certification of the peace officer suspended, afte r the peace |
|---|
| 2340 | 2248 | | officer and the employer have been given written notice of |
|---|
| 2341 | 2249 | | noncompliance and a reasona ble time, as defined by the Council, to |
|---|
| 2342 | 2250 | | comply with the provisions of this sect ion. A peace officer shall |
|---|
| 2343 | 2251 | | not be employed in the capac ity of a peace officer during any period |
|---|
| 2344 | 2252 | | of suspension. The suspension period shall be for a period of time |
|---|
| 2345 | 2253 | | until the officer files a statement attesting to full compli ance |
|---|
| 2346 | 2254 | | with the provisions of thi s section. Suspension of peace officer |
|---|
| 2347 | 2255 | | certification shall be reported to the district attorney for the |
|---|
| 2348 | 2256 | | jurisdiction in which the officer is employed, the liability |
|---|
| 2349 | 2257 | | insurance company of the law enforcement agency that employ ed the |
|---|
| 2350 | 2258 | | peace officer, the chief elected official of the governing body of |
|---|
| 2351 | 2285 | | the law enforcement agency and the c hief law enforcement officer of |
|---|
| 2352 | 2286 | | the law enforcement agency. Any officer whose certification is |
|---|
| 2353 | 2287 | | suspended pursuant to this section may request a h earing with CLEET. |
|---|
| 2354 | 2288 | | Such hearings shall be governed by the Administrative Procedures Ac t |
|---|
| 2355 | 2289 | | except that the affec ted officer has the burden to show CLEET why |
|---|
| 2356 | 2290 | | CLEET should not have the certification of the office r suspended. |
|---|
| 2357 | 2291 | | F. All certified, active full -time or reserve peace officers |
|---|
| 2358 | 2292 | | employed, commissioned or appointed for a period of ninety ( 90) days |
|---|
| 2359 | 2293 | | in a calendar year, who become inactive prior to the end of a |
|---|
| 2360 | 2294 | | calendar year, are responsible for meeting mandato ry continuing |
|---|
| 2361 | 2295 | | education requirements as set fort h in this section upon return t o |
|---|
| 2389 | 2296 | | active full-time or reserve peace officer status withi n sixty (60) |
|---|
| 2390 | 2297 | | days of the date of return to employment, commission or appointment. |
|---|
| 2391 | 2298 | | Failure to complete the mandatory cont inuing education within sixty |
|---|
| 2392 | 2299 | | (60) days may result in disciplinary action as se t forth in CLEET |
|---|
| 2393 | 2300 | | Rules at OAC 390:2. Full-time or reserve certified peace offi cers |
|---|
| 2394 | 2301 | | who return to active status within the calendar year they become |
|---|
| 2395 | 2302 | | inactive must complete the a nnual mandatory continuing education |
|---|
| 2396 | 2303 | | requirements outlined in this section with in the remaining portion |
|---|
| 2397 | 2304 | | of the calendar year. |
|---|
| 2398 | 2305 | | G. Peace officers with full-time certification who worked |
|---|
| 2399 | 2306 | | during a calendar year only as a reserve officer are required to |
|---|
| 2400 | 2307 | | complete only the training requirements for reserve ce rtification. |
|---|
| 2401 | 2308 | | For purposes of the requirements outlined in subsection F of this |
|---|