KRS 15.386: Certification categories -- Required courses -- Status of certification.

The following certification categories shall exist:

(1) "Precertification status" means that the officer is currently employed or appointed

by an agency and:

(a) Meets or exceeds all those minimum qualifications set forth in KRS 15.382,

but has not successfully completed a basic training course, except those peace

officers covered by KRS 15.400. Upon the council's verification that the

minimum qualifications have been met and approval from the employing

agency, the officer shall have full peace officer powers as authorized under

the statute under which he or she was appointed or employed. If an officer

fails to successfully complete a basic training course within one (1) ye ar of

employment, his or her enforcement powers shall automatically terminate,

unless that officer is actively enrolled and participating in a basic training

course or, after having begun a basic training course, is on an approved

extension of time due to injury or extenuating circumstances; or

(b) Does not meet the minimum qualifications set forth in KRS 15.382 because

the officer has yet to attain twenty -one (21) years of age. This precertification

status is for the purpose of attending a basic training course only;

(2) "Certification status" means that:

(a) Unless the certification is in revoked status or inactive status, the officer is

currently employed or appointed by an agency and has met all training

requirements. The officer shall have full peace of ficer powers as authorized

under the statute under which he or she was appointed or employed; or

(b) For those officers that were employed at twenty (20) years of age and were

precertified for the purpose of attending a basic training course, upon the

council's verification that all minimum qualifications have been met,

successful completion of a basic training course, and approval from the

employing agency, the officer shall have full peace officer powers as

authorized by the statute under which he or she was appointed or employed;

(3) (a) "Inactive status" means that unless the certification is in revoked status:

1. The person has been separated on or after December 1, 1998, from the

agency by which he or she was employed or appointed and has no peace

officer powers; or

2. The person is on military active duty for a period exceeding three

hundred sixty-five (365) days.

(b) The person may remain on inactive status. A person who is on inactive status

and who returns to a peace officer position shall have certification status

restored if he or she meets the requirements of KRS 15.400(1) or (2) or has

successfully complete d a basic training course approved and recognized by

the council, has not committed an act for which his or her certified status may

be revoked pursuant to KRS 15.391, and successfully completes in -service

training as prescribed by the council, as follows:

1. If a person has been on inactive status for less than one (1) year, and the

person was not in training deficiency status at the time of separation, he

or she shall have no additional training requirements;

2. If the person has been on inactive status f or a period of at least one (1)

year but less than three (3) years, and the person was not in training

deficiency status at the time of separation, he or she shall complete:

a. The twenty-four (24) hour legal update Penal Code course;

b. The sixteen (16) hour legal update constitutional procedure course;

and

c. The mandatory training course approved by the Kentucky Law

Enforcement Council, pursuant to KRS 15.334, for the year in

which he or she returns to certification status; or

3. If the person has been on inactive status for a period of three (3) years or

more, or the person was in training deficiency status at the time of

separation, he or she shall complete:

a. The twenty-four (24) hour legal update Penal Code course;

b. The sixteen (16) hour legal update constitutional procedure course;

c. The mandatory training course approved by the Kentucky Law

Enforcement Council, pursuant to KRS 15.334, for the year in

which he or she returns to certification status; and

d. One (1) of the following forty (40) hour courses which is most

appropriate for the officer's duty assignment:

i. Basic officer skills;

ii. Orientation for new police chiefs; or

iii. Mandatory duties of the sheriff.

(c) A person returning from inactive to active certification after June 26, 200 7,

under KRS 15.380 to 15.404, shall meet the following minimum

qualifications:

1. Be a citizen of the United States;

2. Possess a valid license to operate a motor vehicle;

3. Be fingerprinted for a criminal background check;

4. Not have been convicted of any felony; a misdemeanor under KRS

510.120, 510.130, or 510.140; a second or subsequent offense under

KRS 510.148; or a criminal attempt, conspiracy, facilitation, or

solicitation to commit any degree of rape, sodomy, sexual abuse, or

sexual misconduct; o r have had any offense listed under this

subparagraph expunged;

5. Not be prohibited by federal or state law from possessing a firearm;

6. Have received and read the Kentucky Law Enforcement Officers Code

of Ethics as established by the council;

7. Have not received a dishonorable discharge, bad conduct discharge, or

general discharge under other than honorable conditions, if having

served in any branch of the Armed Forces of the United States;

8. Have been interviewed by the employing agency; and

9. Not have had certification as a peace officer permanently revoked in

another state;

(4) "Training deficiency status" means that unless the certification is in revoked status

or inactive status, the officer is currently employed or appointed by an agency an d

has failed to meet all in -service training requirements. The officer's enforcement

powers shall automatically terminate, and he or she shall not exercise peace officer

powers in the Commonwealth until he or she has corrected the in -service training

deficiency;

(5) "Revoked status" means that the officer has no enforcement powers and his or her

certification has been revoked by the Kentucky Law Enforcement Council under

KRS 15.391; and

(6) "Denied status" means that a person does not meet the requirements to achieve

precertification status or certification status.

The design of a certificate may be changed periodically. When a new certificate is

produced, it shall be distributed free of charge to each currently certified peace officer.