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AN ACT relating to federal immigration law enforcement. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "Task Force Model Program" means the United States 5
Immigration and Customs Enforcement program that authorizes state and local 6
law enforcement officers to enforce limited immigration authority while 7
performing routine police duties established under Section 287(g) of the 8
Immigration and Nationality Act, 8 U.S.C. sec. 1357. 9
(2) (a) Each department post shall enter into a written agreement with the United 10
States Immigration and Customs Enforcement to participate in the Task 11
Force Model Program. 12
(b) Each officer in the department who participates in the Task Force Model 13
Program shall be required to complete forty (40) hours of training. 14
Section 2. KRS 15.404 is amended to read as follows: 15
(1) (a) Any peace officers employed or appointed after December 1, 1998, who have 16
not successfully completed basic training at a school certified or recognized 17
by the Kentucky Law Enforcement Council, shall within one (1) year of their 18
appointment or employment, successfully complete a basic training course, as 19
established by KRS 15.440, at a school certified or recognized by the 20
Kentucky Law Enforcement Council or recei ve a basic training credit 21
approved by the Kentucky Law Enforcement Council under KRS 22
15.440(1)(d)6. 23
(b) In the event of extenuating circumstances beyond the control of an officer that 24
prevent the officer from completing basic training within one (1) year, the 25
commissioner of the department or his or her designee may grant the officer 26
an extension of time, not to exceed one hundred eighty (180) days, in which to 27
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complete the training. 1
(c) Any peace officer who fails to successfully complete basic training w ithin the 2
specified time periods, including extensions, shall lose his or her law 3
enforcement powers and his or her precertification status shall lapse. Further, 4
the peace officer shall be prohibited from serving as a peace officer for a 5
period of one (1) year from the date that his or her precertification lapses. 6
(2) (a) All peace officers with active certification status shall successfully complete 7
forty (40) hours of annual in -service training that has been certified or 8
recognized by the Kentucky Law Enf orcement Council, that is appropriate to 9
the officer's rank and responsibility and the size and location of his 10
department. 11
(b) 1. Any peace officer with active certification status who is employed by a 12
law enforcement agency that has executed a written ag reement with 13
the United States Immigration and Customs Enforcement to 14
participate in the Task Force Model Program established under 15
Section 287(g) of the Immigration and Nationality Act, 8 U.S.C. sec. 16
1357, who successfully completes the mandatory training provided by 17
the United States Immigration and Customs Enforcement 287(g) 18
Immigration Authority Delegation Program shall be deemed by the 19
Kentucky Law Enforcement Council to have met the annual forty (40) 20
hours of in -service training required by paragraph (a) of this 21
subsection in the year the officer initially completes the training. 22
2. The Kentucky Law Enforcement Council shall certify the United 23
States Immigration and Customs Enforcement 287(g) Immigration 24
Authority Delegation Program as an approved in -service training 25
program that qualifies toward the annual forty (40) hours of in-service 26
training requirement established in paragraph (a) of this subsection. 27
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(c) In the event of extenuating circumstances beyond the control of an officer that 1
prevent the of ficer from completing the in -service training within one (1) 2
year, the commissioner of the department or his or her designee may grant the 3
officer an extension of time, not to exceed one hundred eighty (180) days, in 4
which to complete the training. If the officer is unable to complete the in -5
service training due to injury or illness that prevents him or her from working 6
as a peace officer, the one hundred eighty (180) day extension shall begin on 7
the date that the officer returns to work. 8
(d)[(c)] Any peace officer who fails to successfully complete in -service training 9
within the specified time periods, including extensions, shall lose his or her 10
law enforcement powers and his or her certification status shall be changed to 11
training deficiency status. 12
(e)[(d)] When a peace officer is deficient in required training, the commissioner 13
of the department or his or her designee shall notify the council, which shall 14
notify the peace officer and his or her agency. 15
(f) 1.[(e)] The requirements of this subsection shall be waived for the period 16
of time that a peace officer is serving on active duty in the United States 17
Armed Forces. 18
2.[(f)] This waiver shall be retroactive for peace officers from the date of 19
September 11, 2001. 20
(3) An officer who has lost his or her law enforcement powers due solely to his or her 21
failure to meet the in-service training requirements of this section may regain his or 22
her certification status and law enforcement powers upon successful completion of 23
the training deficiency. 24
(4) (a) Any consta ble who is elected may apply for admission to a basic training 25
course, as established by KRS 15.440, at a school certified or recognized by 26
the Kentucky Law Enforcement Council. The constable shall meet all 27
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precertification requirements established pursuan t to KRS 15.382 for 1
attendance. The constable shall bear all costs associated with precertification. 2
The constable shall bear all costs associated with completion of the basic 3
training course, except the costs of basic training at a course established 4
pursuant to KRS 15.340. 5
(b) The basic training course shall accept the constable for basic training so long 6
as: 7
1. The constable meets the precertification requirements; and 8
2. The basic training course has the training capacity to instruct the 9
constable. 10