KRS 15.440: Requirements for participation in fund distribution -- Service and training

in another state -- Eligibility of government unit contingent on police

department compliance -- Deputies -- Deadlines.

(1) Each unit of government tha t meets the following requirements shall be eligible to

share in the distribution of funds from the Law Enforcement Foundation Program

fund:

(a) Employs one (1) or more police officers;

(b) Pays every police officer at least the minimum federal wage;

(c) Requires all police officers to have, at a minimum, a high school degree, or its

equivalent as determined by the council, except that each police officer

employed prior to the date on which the officer's police department was

included as a participant under KRS 15.410 to 15.510 shall be deemed to have

met the requirements of this subsection;

(d) 1. Requires all police officers to successfully complete a basic training

course of nine hundred twenty-eight (928) hours' duration within one (1)

year of the date of employment at a school certified or recognized by the

council, which may provide a different number of hours of instruction as

established in this paragraph, except that each police officer employed

prior to the date on which the officer's police departm ent was included

as a participant under KRS 15.410 to 15.510 shall be deemed to have

met the requirements of this subsection.

2. As the exclusive method by which the number of hours required for

basic training courses shall be modified from that which is s pecifically

established by this paragraph, the council may, by the promulgation of

administrative regulations in accordance with the provisions of KRS

Chapter 13A, explicitly set the exact number of hours for basic training

at a number different from nine hundred twenty-eight (928) hours based

upon a training curriculum approved by the Kentucky Law Enforcement

Council as determined by a validated job task analysis.

3. If the council sets an exact number of hours different from nine hundred

twenty-eight (928 ) in an administrative regulation as provided by this

paragraph, it shall not further change the number of hours required for

basic training without promulgating administrative regulations in

accordance with the provisions of KRS Chapter 13A.

4. Nothing in this paragraph shall be interpreted to prevent the council,

pursuant to its authority under KRS 15.330, from approving training

schools with a curriculum requiring attendance of a number of hours

that exceeds nine hundred twenty -eight (928) hour s or the number of

hours established in an administrative regulation as provided by

subparagraphs 2. and 3. of this paragraph. However, the training

programs and schools for the basic training of law enforcement

personnel conducted by the department pursua nt to KRS 15A.070 shall

not contain a curriculum that requires attendance of a number of hours

for basic training that is different from nine hundred twenty -eight (928)

hours or the number of hours established in an administrative regulation

promulgated by the council pursuant to the provisions of KRS Chapter

13A as provided by subparagraphs 2. and 3. of this paragraph.

5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph

to the contrary notwithstanding, the council may, through the

promulgation of administrative regulations in accordance with KRS

Chapter 13A, approve basic training credit for:

a. Years of service credit as a law enforcement officer with previous

service in another state; and

b. Basic training completed in another state.

6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph

to the contrary notwithstanding, the council may, through the

promulgation of administrative regulations in accordance with KRS

Chapter 13A, approve basic training credit for:

a. Completion of eight hundred forty -eight (848) hours of training at

a school established pursuant to KRS 15A.070;

b. A minimum of fifteen (15) years of experience as a certified law

enforcement instructor at a school established pursuant to KRS

15A.070;

c. Completion of an average of forty (40) hours of Kentucky Law

Enforcement Council approved in -service training annually from

January 1, 1997, through January 1, 2020;

d. Three (3) years of active, full-time service as a:

i. City, county, urban -county, charter c ounty, consolidated

local, or unified local government police officer;

ii. Sheriff's deputy, excluding special deputies appointed under

KRS 70.045;

iii. Department of Kentucky State Police officer; or

iv. Kentucky Department of Fish and Wildlife Resources game

warden exercising peace officer powers under KRS 150.090;

and

e. Completion of the:

i. Twenty-four (24) hour legal update Penal Code course;

ii. Sixteen (16) hour legal update constitutional procedure

course; and

iii. Forty (40) hour basic officer skills course within one (1) year

prior to applying for certification;

(e) Requires all police officers to successfully complete each calendar year an in -

service training course, appropriate to the officer's rank and responsibility and

the size and location o f the officer's police department, of forty (40) hours'

duration, at a school certified or recognized by the council which may include

a four (4) hour course which meets the requirements of paragraph (j) of this

subsection. This in-service training requirement shall be waived for the period

of time that a peace officer is serving on active duty in the United States

Armed Forces. This waiver shall be retroactive for peace officers from the

date of September 11, 2001;

(f) Complies with all provisions of law a pplicable to police officers or police

departments, including:

1. Transmission of data to the centralized criminal history record

information system as required by KRS 17.150; and

2. Transmission of reports as required by KRS 15.391;

(g) Complies with all rules and regulations, appropriate to the size and location of

the police department issued by the cabinet to facilitate the administration of

the fund and further the purposes of KRS 15.410 to 15.510;

(h) Possesses a written policy and procedures manual related to domestic violence

for law enforcement agencies that has been approved by the cabinet. The

policy shall comply with the provisions of KRS 403.715 to 403.785. The

policy shall include:

1. A purpose statement;

2. Definitions;

3. Supervisory responsibilities;

4. Procedures for twenty-four (24) hour access to protective orders;

5. Procedures for enforcement of court orders or relief when protective

orders are violated;

6. Procedures for timely and contemporaneous reporting of adult abuse and

domestic violence to the Cabinet for Health and Family Services,

Department for Community Based Services;

7. Victim rights, assistance, and service responsibilities; and

8. Duties related to timely completion of records;

(i) Possesses a written policy and procedures manual related to sexual assault

examinations that meets the standards provided by, and has been approved by,

the cabinet, and which includes:

1. A requirement that evidence collected as a result of an examination

performed under KRS 216B.400 be taken into custody within five (5)

days of notice from the collecting facility that the evi dence is available

for retrieval;

2. A requirement that evidence received from a collecting facility relating

to an incident which occurred outside the jurisdiction of the police

department be transmitted to a police department with jurisdiction

within ten (10) days of its receipt by the police department;

3. A requirement that all evidence retrieved from a collecting facility under

this paragraph be transmitted to the Department of Kentucky State

Police forensic laboratory within thirty (30) days of its re ceipt by the

police department;

4. A requirement that a suspect standard, if available, be transmitted to the

Department of Kentucky State Police forensic laboratory with the

evidence received from a collecting facility;

5. A process for notifying the vic tim from whom the evidence was

collected of the progress of the testing, whether the testing resulted in a

match to other DNA samples, and if the evidence is to be destroyed. The

policy may include provisions for delaying notice until a suspect is

apprehended or the office of the Commonwealth's attorney consents to

the notification, but shall not automatically require the disclosure of the

identity of any person to whom the evidence matched; and

6. A requirement that DNA samples collected as a result of an examination

performed under KRS 216B.400 that are voluntarily submitted solely for

elimination purposes shall not be checked against any DNA index,

retained, or included in any DNA index;

(j) Requires all police officers to successfully complete by Decembe r 31, 2022,

and every two (2) years thereafter, a training course certified by the council of

not less than four (4) hours in emergency vehicle operation; and

(k) Possesses by December 1, 2026, a written policy and procedures manual

related to pediatric in gestion or inhalation of controlled substances that

includes a requirement that:

1. In each case where a child:

a. Is suspected to have ingested or inhaled a controlled substance as

defined in KRS 218A.010; and

b. Requires medical attention;

a police offi cer shall seek a search warrant for a urine, blood, or other

appropriate test for the person who was responsible for the supervision

of the child when the controlled substance was ingested or inhaled; and

2. Any test sought under subparagraph 1. of this paragraph shall test for the

presence of a wide range of substances that are commonly abused,

including but not limited to:

a. Buprenorphine;

b. Cocaine;

c. Fentanyl;

d. Marijuana;

e. Methadone;

f. Methamphetamine;

g. Tetrahydrocannabinol;

h. Xylazine; and

i. Any salt, compound, or derivative of any substance listed in

subdivisions a. to h. of this subparagraph.

(2) A unit of government which meets the criteria of this section shall be eligible to

continue sharing in the distribution of funds from the Law En forcement Foundation

Program fund only if the police department of the unit of government remains in

compliance with the requirements of this section.

(3) Deputies employed by a sheriff's office shall be eligible to participate in the

distribution of funds from the Law Enforcement Foundation Program fund

regardless of participation by the sheriff.

(4) Failure to meet a deadline established in a policy adopted pursuant to subsection

(1)(i) of this section for the retrieval or submission of evidence shall not be a basis

for a dismissal of a criminal action or a bar to the admissibility of the evidence in a

criminal action.