.386 Certification categories -- Status of certification.
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15.386 Certification categories -- 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 meets or exceeds all those minimum qualifications set forth in
KRS 15.382, but has not successfully completed a basic training course, except
those officers covered by KRS 15.400. Upon the council's verification that the
minimum qualifications have been met, the officer shall have full peace officer
powers as authorized under the statute under which he was appointed or employed.
If an officer fails to successfully complete a basic training course within one (1)
year of employment, his or her enforcement powers shall automatically terminate.
(2) "Certification status" means that 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 officer powers as
authorized under the statute under which he 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 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 has successfully completed 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 15.380 to 15.404
and successfully completes in-service training as prescribed by the council, as
follows:
1.
No more than forty (40) hours if the person has been on inactive status
for a period of less than three (3) years, and the person was not in
training deficiency status at the time of separation; or
2.
No more than eighty (80) hours 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.
(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 and
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 has been
separated from an enforcement agency for any one (1) of the following reasons:
(a) Failure to meet or maintain training requirements;
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(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.
(6)
"Denied status" means that a person does not meet the requirements to achieve
precertification status or certification status.
(7)
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.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 132, sec. 3, effective July 15, 2002. -- Amended
2000 Ky. Acts ch. 480, sec. 6, effective July 14, 2000. -- Created 1998 Ky. Acts
ch. 606, sec. 102, effective December 1, 1998.
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