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15.3977 Certification categories for court security officers.
The following certification categories shall exist for certified court security officers:
(1) "Precertification status" means that the certified court security officer is
currently employed or appointed by an agency and meets or exceeds all those
minimum qualifications set forth in KRS 15.3971, but has not successfully
completed the training course provided in KRS 15.3975(1). Upon the council's
verification that the minimum qualifications have been met, the officer shall
have court security officer powers as authorized under the statute under which
he or she was appointed or employed. If an officer fails to successfully
complete the training course provided in KRS 15.3975(1) within one (1) year of
employment, his or her court security powers shall automatically terminate;
(2) "Certification status" means that unless the certification is in revoked status or
inactive status, the certified court security officer is currently employed or
appointed by an agency and has met all training requirements. The officer shall
have court security officer powers as authorized under 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 or court security 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 court security officer position shall have
certification status restored if he or she has successfully completed the
training course under KRS 15.3975(1), has not committed an act for
which his or her certified status may be revoked pursuant to KRS
15.3973, and successfully completes an in-service training course as
prescribed in an administrative regulation promulgated by the Kentucky
Law Enforcement Council.
(c) A person returning from inactive to active certification as a court security
officer after June 26, 2007, 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;
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 certified court security officer is currently employed
or appointed by an agency and has failed to meet all in-service training
requirements. The officer's court security powers shall automatically terminate,
and he or she shall not exercise court security officer powers in the
Commonwealth until he or she has corrected the in-service training deficiency;
(5) "Revoked status" means that the court security officer has no court security
powers and his or her certification has been revoked by the Kentucky Law
Enforcement Council for any one (1) of the following reasons:
(a) Failure to meet or maintain training requirements;
(b) Willful falsification of information to obtain or maintain certified status;
(c) Certification was the result of an administrative error;
(d) Plea of guilty to, conviction of, or entering of an Alford plea to any felony;
(e) Prohibition by federal or state law from possessing a firearm; or
(f) Receipt of a dishonorable discharge, a bad conduct discharge, or general
discharge under other than honorable conditions from any branch of the
Armed Forces of the United States; and
(6) "Denied status" means that a person does not meet the requirements to
achieve precertification status or certification status as a court security officer.
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 court
security officer.
Effective:June 26, 2007
History: Created 2007 Ky. Acts ch. 54, sec. 4, effective June 26, 2007.
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