{"data":{"id":"us-ky/krs-15.440","jurisdiction":"us-ky","citation":"KRS 15.440","heading":"Requirements for participation in fund distribution -- Service and training","body":"in another state -- Eligibility of government unit contingent on police\ndepartment compliance -- Deputies -- Deadlines.\n(1) Each unit of government tha t meets the following requirements shall be eligible to\nshare in the distribution of funds from the Law Enforcement Foundation Program\nfund:\n(a) Employs one (1) or more police officers;\n(b) Pays every police officer at least the minimum federal wage;\n(c) Requires all police officers to have, at a minimum, a high school degree, or its\nequivalent as determined by the council, except that each police officer\nemployed prior to the date on which the officer's police department was\nincluded as a participant under KRS 15.410 to 15.510 shall be deemed to have\nmet the requirements of this subsection;\n(d) 1. Requires all police officers to successfully complete a basic training\ncourse of nine hundred twenty-eight (928) hours' duration within one (1)\nyear of the date of employment at a school certified or recognized by the\ncouncil, which may provide a different number of hours of instruction as\nestablished in this paragraph, except that each police officer employed\nprior to the date on which the officer's police departm ent was included\nas a participant under KRS 15.410 to 15.510 shall be deemed to have\nmet the requirements of this subsection.\n2. As the exclusive method by which the number of hours required for\nbasic training courses shall be modified from that which is s pecifically\nestablished by this paragraph, the council may, by the promulgation of\nadministrative regulations in accordance with the provisions of KRS\nChapter 13A, explicitly set the exact number of hours for basic training\nat a number different from nine hundred twenty-eight (928) hours based\nupon a training curriculum approved by the Kentucky Law Enforcement\nCouncil as determined by a validated job task analysis.\n3. If the council sets an exact number of hours different from nine hundred\ntwenty-eight (928 ) in an administrative regulation as provided by this\nparagraph, it shall not further change the number of hours required for\nbasic training without promulgating administrative regulations in\naccordance with the provisions of KRS Chapter 13A.\n4. Nothing in this paragraph shall be interpreted to prevent the council,\npursuant to its authority under KRS 15.330, from approving training\nschools with a curriculum requiring attendance of a number of hours\nthat exceeds nine hundred twenty -eight (928) hour s or the number of\nhours established in an administrative regulation as provided by\nsubparagraphs 2. and 3. of this paragraph. However, the training\nprograms and schools for the basic training of law enforcement\npersonnel conducted by the department pursua nt to KRS 15A.070 shall\nnot contain a curriculum that requires attendance of a number of hours\nfor basic training that is different from nine hundred twenty -eight (928)\nhours or the number of hours established in an administrative regulation\npromulgated by the council pursuant to the provisions of KRS Chapter\n13A as provided by subparagraphs 2. and 3. of this paragraph.\n5. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph\nto the contrary notwithstanding, the council may, through the\npromulgation of administrative regulations in accordance with KRS\nChapter 13A, approve basic training credit for:\na. Years of service credit as a law enforcement officer with previous\nservice in another state; and\nb. Basic training completed in another state.\n6. KRS 15.400 and 15.404(1) and subparagraphs 1. to 4. of this paragraph\nto the contrary notwithstanding, the council may, through the\npromulgation of administrative regulations in accordance with KRS\nChapter 13A, approve basic training credit for:\na. Completion of eight hundred forty -eight (848) hours of training at\na school established pursuant to KRS 15A.070;\nb. A minimum of fifteen (15) years of experience as a certified law\nenforcement instructor at a school established pursuant to KRS\n15A.070;\nc. Completion of an average of forty (40) hours of Kentucky Law\nEnforcement Council approved in -service training annually from\nJanuary 1, 1997, through January 1, 2020;\nd. Three (3) years of active, full-time service as a:\ni. City, county, urban -county, charter c ounty, consolidated\nlocal, or unified local government police officer;\nii. Sheriff's deputy, excluding special deputies appointed under\nKRS 70.045;\niii. Department of Kentucky State Police officer; or\niv. Kentucky Department of Fish and Wildlife Resources game\nwarden exercising peace officer powers under KRS 150.090;\nand\ne. Completion of the:\ni. Twenty-four (24) hour legal update Penal Code course;\nii. Sixteen (16) hour legal update constitutional procedure\ncourse; and\niii. Forty (40) hour basic officer skills course within one (1) year\nprior to applying for certification;\n(e) Requires all police officers to successfully complete each calendar year an in -\nservice training course, appropriate to the officer's rank and responsibility and\nthe size and location o f the officer's police department, of forty (40) hours'\nduration, at a school certified or recognized by the council which may include\na four (4) hour course which meets the requirements of paragraph (j) of this\nsubsection. This in-service training requirement shall be waived for the period\nof time that a peace officer is serving on active duty in the United States\nArmed Forces. This waiver shall be retroactive for peace officers from the\ndate of September 11, 2001;\n(f) Complies with all provisions of law a pplicable to police officers or police\ndepartments, including:\n1. Transmission of data to the centralized criminal history record\ninformation system as required by KRS 17.150; and\n2. Transmission of reports as required by KRS 15.391;\n(g) Complies with all rules and regulations, appropriate to the size and location of\nthe police department issued by the cabinet to facilitate the administration of\nthe fund and further the purposes of KRS 15.410 to 15.510;\n(h) Possesses a written policy and procedures manual related to domestic violence\nfor law enforcement agencies that has been approved by the cabinet. The\npolicy shall comply with the provisions of KRS 403.715 to 403.785. The\npolicy shall include:\n1. A purpose statement;\n2. Definitions;\n3. Supervisory responsibilities;\n4. Procedures for twenty-four (24) hour access to protective orders;\n5. Procedures for enforcement of court orders or relief when protective\norders are violated;\n6. Procedures for timely and contemporaneous reporting of adult abuse and\ndomestic violence to the Cabinet for Health and Family Services,\nDepartment for Community Based Services;\n7. Victim rights, assistance, and service responsibilities; and\n8. Duties related to timely completion of records;\n(i) Possesses a written policy and procedures manual related to sexual assault\nexaminations that meets the standards provided by, and has been approved by,\nthe cabinet, and which includes:\n1. A requirement that evidence collected as a result of an examination\nperformed under KRS 216B.400 be taken into custody within five (5)\ndays of notice from the collecting facility that the evi dence is available\nfor retrieval;\n2. A requirement that evidence received from a collecting facility relating\nto an incident which occurred outside the jurisdiction of the police\ndepartment be transmitted to a police department with jurisdiction\nwithin ten (10) days of its receipt by the police department;\n3. A requirement that all evidence retrieved from a collecting facility under\nthis paragraph be transmitted to the Department of Kentucky State\nPolice forensic laboratory within thirty (30) days of its re ceipt by the\npolice department;\n4. A requirement that a suspect standard, if available, be transmitted to the\nDepartment of Kentucky State Police forensic laboratory with the\nevidence received from a collecting facility;\n5. A process for notifying the vic tim from whom the evidence was\ncollected of the progress of the testing, whether the testing resulted in a\nmatch to other DNA samples, and if the evidence is to be destroyed. The\npolicy may include provisions for delaying notice until a suspect is\napprehended or the office of the Commonwealth's attorney consents to\nthe notification, but shall not automatically require the disclosure of the\nidentity of any person to whom the evidence matched; and\n6. A requirement that DNA samples collected as a result of an examination\nperformed under KRS 216B.400 that are voluntarily submitted solely for\nelimination purposes shall not be checked against any DNA index,\nretained, or included in any DNA index;\n(j) Requires all police officers to successfully complete by Decembe r 31, 2022,\nand every two (2) years thereafter, a training course certified by the council of\nnot less than four (4) hours in emergency vehicle operation; and\n(k) Possesses by December 1, 2026, a written policy and procedures manual\nrelated to pediatric in gestion or inhalation of controlled substances that\nincludes a requirement that:\n1. In each case where a child:\na. Is suspected to have ingested or inhaled a controlled substance as\ndefined in KRS 218A.010; and\nb. Requires medical attention;\na police offi cer shall seek a search warrant for a urine, blood, or other\nappropriate test for the person who was responsible for the supervision\nof the child when the controlled substance was ingested or inhaled; and\n2. Any test sought under subparagraph 1. of this paragraph shall test for the\npresence of a wide range of substances that are commonly abused,\nincluding but not limited to:\na. Buprenorphine;\nb. Cocaine;\nc. Fentanyl;\nd. Marijuana;\ne. Methadone;\nf. Methamphetamine;\ng. Tetrahydrocannabinol;\nh. Xylazine; and\ni. Any salt, compound, or derivative of any substance listed in\nsubdivisions a. to h. of this subparagraph.\n(2) A unit of government which meets the criteria of this section shall be eligible to\ncontinue sharing in the distribution of funds from the Law En forcement Foundation\nProgram fund only if the police department of the unit of government remains in\ncompliance with the requirements of this section.\n(3) Deputies employed by a sheriff's office shall be eligible to participate in the\ndistribution of funds  from the Law Enforcement Foundation Program fund\nregardless of participation by the sheriff.\n(4) Failure to meet a deadline established in a policy adopted pursuant to subsection\n(1)(i) of this section for the retrieval or submission of evidence shall not  be a basis\nfor a dismissal of a criminal action or a bar to the admissibility of the evidence in a\ncriminal action.","path":["KRS Chapter 15"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57463","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:33Z","sha256":"a2cdf9165cec3aac9cb5092a70bdd7bfe7b491f7a331d713460a288b7113b0da","source_id":"us-ky","stale":false,"prev":"us-ky/krs-15.430","next":"us-ky/krs-15.442"},"notice":"GroundRules: Original legal text. Not legal advice."}
