503 KAR 1:110. Department of Criminal Justice Training basic training: graduation requirements; records.

 

      RELATES TO: KRS 15.330(1)(c), (f), 15.386(1), 15.404(1), 15.440(1)(d)

      STATUTORY AUTHORITY: KRS 15.330(1)(c), (f), (h), 15.334(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 15.330(1)(f) and (h) authorize the Kentucky Law Enforcement Council to approve law enforcement officers as having met the requirements for completion of law enforcement training and to promulgate administrative regulations to implement that requirement. This administrative regulation establishes requirements for graduation from the Department of Criminal Justice Training basic training course required for peace officer certification and participation in the Kentucky Law Enforcement Foundation Program Fund and for maintenance of basic training records.

 

      Section 1. Basic Training Graduation Requirements. To graduate from the department's basic training course, a recruit shall:

      (1) Successfully complete a minimum of 768 hours of training, based upon the curriculum approved by the council in accordance with KRS 15.330 and 503 KAR 1:090;

      (2) Attain:

      (a) A seventy (70) percent overall score on all academic examinations covered during the course for which a numerical score is assigned. A recruit who does not achieve a seventy (70) percent overall score shall be considered to have failed the component;

      (b) An eighty-four (84) percent on the First Aid/CPR/AED written examination. A recruit who does not achieve an eighty-four percent overall score shall be considered to have failed the component; and

      (c) An eighty (80) percent overall score on the Defensive Tactics: Written Examination. A recruit who does not achieve an eighty (80) percent overall score shall be considered to have failed the component.

      (3) Pass all training areas covered during the course for which a pass or fail designation is assigned. A recruit who does not pass all pass or fail training areas shall be considered to have failed the component; and

      (4) Successfully complete all other assignments, exercises, and projects included in the course. After-hours assignments may be required, and shall be successfully completed in order to pass the training area for which they were assigned.

 

      Section 2. Physical Training Requirements. A recruit who is required to complete basic training in order to fulfill the peace officer certification provisions established in KRS 15.380 to 15.404 shall meet the physical training entry and graduation requirements established in this section.

      (1) Physical training entry requirements.

      (a) Within five (5) days from the first date of the basic training course, the recruit shall be tested in the following events, in the order listed, as instructed and evaluated by qualified department instructors:

      1. Bench press;

      2. Sit-ups;

      3. 300 meter run;

      4. Push-ups; and

      5. One and five-tenths (1.5) mile run.

      (b) A recruit shall pass the physical training entry requirements if he or she achieves a score of fifty (50) points or more, based upon the following scoring of the physical training events listed in paragraph (a) of this subsection:

      1. Bench Press, based upon a percentage of the recruit’s body weight:

      a. 9 points - Recruit shall bench press at least fifty-five and three-tenths (55.3) percent of body weight;

      b. 9.5 points - Recruit shall bench press at least fifty-nine and seven-tenths (59.7) percent of body weight;

      c. 10 points - Recruit shall bench press at least sixty-four (64) percent of body weight;

      d. 10.5 points - Recruit shall bench press at least sixty-eight and five-tenths (68.5) percent of body weight; and

      e. 11 points - Recruit shall bench press at least seventy-three (73) percent or more of body weight;

      2. Sit-ups:

      a. 9 points - Recruit shall complete at least thirteen (13) repetitions in one (1) minute;

      b. 9.5 points - Recruit shall complete at least sixteen (16) repetitions in one (1) minute;

      c. 10 points - Recruit shall complete at least eighteen (18) repetitions in one (1) minute; and

      d. 11 points - Recruit shall complete nineteen (19) repetitions or more in one (1) minute;

3. 300 meter run:

      a. 9 points - Recruit shall complete in sixty-eight (68) seconds or less;

      b. 9.5 points - Recruit shall complete in sixty-seven (67) seconds or less;

      c. 10 points - Recruit shall complete in sixty-five (65) seconds; and

      d. 11 points - Recruit shall complete in less than sixty-five (65) seconds;

      4. Push-ups:

      a. 9 points - Recruit shall complete at least fourteen (14) repetitions in two (2) minutes;

      b. 9.5 points - Recruit shall complete at least seventeen (17) repetitions in two (2) minutes;

      c. 10 points - Recruit shall complete at least twenty (20) repetitions in two (2) minutes;

      d. 10.5 points - Recruit shall complete at least twenty-three (23) repetitions in two (2) minutes; and

      e. 11 points - Recruit shall complete twenty-five (25) repetitions or more in two (2) minutes; and

      5. One and five-tenths (1.5) mile run:

      a. 9 points - Recruit shall complete in 1,076 seconds (17:56) or less;

      b. 9.5 points - Recruit shall complete in 1,054 seconds (17:34) or less;

      c. 10 points - Recruit shall complete in 1,032 seconds (17:12) or less;

      d. 10.5 points - Recruit shall complete in 1,004 seconds (16:44) or less; and

      e. 11 points - Recruit shall complete in 975 seconds (16:15) or less.

      (c) A recruit shall:

      1. Not be awarded more than eleven (11) points or less than nine (9) points in any one (1) of the five (5) physical ability events; and

      2. Be deemed to have failed the physical ability test if he or she fails to achieve at least:

      a. A total score of fifty (50) points; or

      b. Nine (9) points on any one (1) physical training event.

      (d) Retest.

      1. A recruit that fails to meet the lowest performance level in a test event, thus earning a zero point value for that event, shall be granted a retest opportunity in that event without having to retest in the other events for which a point value was obtained, except that a retest shall not be granted unless the maximum value of eleven (11) points would allow the applicant to meet the required overall fifty (50) point minimum.

      2. A recruit that obtains a point value for each event, but does not obtain an overall score of fifty (50), shall be retested on the physical training entry test again, in its entirety.

      3. A retest shall not occur any sooner than forty-eight (48) hours or any later than seventy-two (72) hours from the date of the initial test attempt.

      4. All failed events shall be retested on the same date.

      5. If the recruit passes all previously failed events on the date of the retest, the recruit shall have met the physical training entry requirements.

6. If the recruit does not pass all previously failed events on the date of the retest, the recruit shall be unqualified to participate in the department’s basic training course for which he is currently enrolled, and may reapply to participate in a future department basic training course. The recruit shall receive no credit for the part of the basic training course which he has completed.

      (2) Physical training graduation requirements.

      (a) In order to graduate, the recruit shall successfully complete each of the following physical ability requirements within five (5) days of graduation from law enforcement basic training, which, except for the entry test score requirements in subsection (1)(b) of this administrative regulation, shall be administered in the same order and in conformity with the KLEC Physical Fitness Testing Protocols, incorporated by reference in 503 KAR 1:140:

      1. Bench press. One (1) repetition of maximum (RM) bench press equal to seventy-three (73) percent of the recruit’s body weight;

      2. Sit-ups. Eighteen (18) sit ups in one (1) minute;

      3. 300 meter run in sixty-five (65) seconds;

      4. Push-ups. Twenty-five (25) push-ups; and

      5. One and five-tenths (1.5) mile run in sixteen (16) minutes, fifteen (15) seconds.

      (b) If a recruit passes all events when participating in the physical training graduation test, the recruit shall have met the physical training graduation requirements.

      (c) Retest. If a recruit fails to pass all events when participating in the physical training graduation test:

      1. The recruit shall retest in the failed events no earlier than forty-eight (48) hours after the date of the graduation test, but not later than the last scheduled date of the basic training course;

      2. All failed events shall be retested on the same date;

      3. If the recruit passes all previously failed events on the date of the retest, the recruit shall have met the physical training graduation requirements; and

      4. If the recruit does not pass all previously failed events on the date of the retest, the recruit shall fail basic training.

      (3) Physical training midpoint test. During week ten (10) of basic training, the recruits shall be administered the events of the physical training requirements for purposes of reporting their progress to their respective law enforcement agencies.

 

      Section 3. Failure and Repetition of Basic Training. (1) Failure of Training.

      (a) A recruit that is removed from basic training due to a training segment or area failure prior to the successful completion of DUI Detection shall:

      1. Be required to repeat the entire basic training course; and

      2. Pay all applicable fees for the repeated basic training course in accordance with 503 KAR 3:030.

      (b) If a recruit fails a segment or area after the completion of DUI Detection, the recruit shall:

      1. Be removed from the basic training class;

      2. Reenter basic training in a subsequent class that has the first available vacancy; and

      3. Start the training at the beginning of the training area or segment that the recruit did not successfully complete.

      (c) Upon the recruit's return, the recruit shall attend and participate in the area or segment, but shall not be retested in the training area or segment that was previously passed.

      1. In accordance with 503 KAR 3:030, Section 6(2), the recruit's hiring agency shall prepay to the department the full tuition, room, and board costs of repeating the training area which was failed. The hiring agency may recover these costs of repeating the training area from its recruit; and

      2. If the training area is successfully completed, the recruit shall continue with the remainder of the basic training course.

      (2) Failure of the physical training graduation requirements. A recruit who fails the physical training graduation requirement in Section 2(2) of this administrative regulation:

      (a) Shall not graduate with the recruit's basic training class;

      (b) Shall be permitted to retest with the very next basic training class; and

      (c) Upon successful completion, may graduate with that class.

      (3) A recruit who is permitted to return to basic training in accordance with this section and is removed due to failure a second time shall:

      (a) Be required to repeat basic training in its entirety; and

      (b) Pay all costs of repeating the entire basic training course in accordance with 503 KAR 3:030.

 

      Section 4. Basic Training Curriculum. The Basic training curriculum shall include the following areas:

      (1) Administration and testing;

      (2) Telecommunications (MDT);

      (3) Legal subjects;

      (4) Physical training;

      (5) Defensive tactics;

      (6) Patrol;

      (7) Vehicle operations;

      (8) Firearms;

      (9) Criminal investigation;

      (10) D.U.I./Field sobriety testing;

      (11) Breath testing;

      (12) Practical evaluation/testing;

      (13) First Aid/C.P.R./A.E.D.; and

      (14) Homeland security.

 

      Section 5. Examinations. (1) A recruit shall be examined in the following six (6) areas of basic training:

      (a) Area I:

      1. Academic Examination 1;

      2. Vehicle Operations: Day Range;

      3. Work Zone Safety;

      4. Criminal Justice Information System: Mobile Data Terminal (CJIS:MDT); and

      5. Academic Examination 2;

      (b) Area II:

      1. Breath Test Operator: Practical;

      2. Breath Test Operator: Written;

      3. DUI: Practical; and

      4. DUI: Written;

      (c) Area III:

      1. First Aid/Cardiopulmonary Resuscitation/Automated External Defibrillation: Written;

      2. Cardiopulmonary Resuscitation/Automated External Defibrillation: Practical;

      3. First Aid: Practical; and

      4. Practical Examination 1;

      (d) Area IV:

      1. Academic Examination 3;

      2. Handgun: Day;

      3. Handgun: Low Level Light; and

      4. Academic Examination 4;

      (e) Area V:

      1. Long Gun: Shotgun Day;

      2. Long Gun: Shotgun Low Level Light;

      3. Long Gun: Rifle Day; and

      4. Long Gun: Rifle Low Level Light; and

      (f) Area VI:

      1. Defensive Tactics: Written;

      2. Law Enforcement Prevention and Deterrence of Terrorist Acts;

      3. Defensive Tactics: Practical;

      4. Academic Examination 5: Final Exam; and

      5. Practical Examination 2.

      (2) A recruit shall be permitted one (1) reexamination in each of the six (6) areas of basic training.

      (3) A recruit who fails an examination, other than defensive tactics or the Practical Examinations, shall not be reexamined:

      (a) Earlier than forty-eight (48) hours from the original examination; or

      (b) Later than:

      1. Ten (10) days after the original examination. A recruit may submit a written request to the branch manager for an additional five (5) days in which to take the reexamination; and

      2. The last scheduled day of the basic training course.

      (4) Failure of a defensive tactics examination or Practical Examination 2.

      (a) If the failure occurs prior to the last scheduled day of defensive tactics training, the recruit shall not be reexamined earlier than the last scheduled day of defensive tactics training.

      (b) If the failure occurs on the last scheduled day of defensive tactics training, the recruit shall not be reexamined:

      1. Earlier than twenty-four (24) hours from the original examination; or

      2. Later than the last scheduled day of the basic training course.

      (c) If a recruit fails Practical Examination 2, the recruit may be reexamined:

      1. Immediately; or

      2. No later than the last scheduled day of the basic training course.

      (5) A recruit shall fail basic training if the recruit:

      (a) Fails a reexamination in accordance with subsection (2) of this section; or

      (b) Fails two (2) examinations in the same area of basic training.

 

      Section 6. Absence. (1) A recruit may have excused absences from the course with approval of the director of the certified school or his designee.

      (2) An excused absence from the course which causes a recruit to miss any of the 768 hours of basic training shall be made up through an additional training assignment.

 

      Section 7. Circumstances Preventing Completion of Basic Training. (1) If a recruit is prevented from completing the basic training course due to extenuating circumstances beyond the control of the recruit, including injury, illness, personal tragedy, or agency emergency, he shall be permitted to complete the unfinished areas of the course within 180 days immediately following the termination of the extenuating circumstance, if the:

      (a) Extenuating circumstance preventing completion of basic training does not last for a period longer than one (1) year; and

      (b) Failure to complete is not caused by a preexisting physical injury or preexisting physiological condition.

      (2) If a recruit is prevented from completing the basic training course due to being called for active duty in the Kentucky National Guard or other branches of the United States Armed Forces, the recruit shall be permitted to complete the unfinished areas of the course within 180 days immediately following his or her return from active duty service.

 

      Section 8. Termination of Employment while Enrolled. If, while enrolled in the basic training course, a recruit’s employment as a police officer is terminated by dismissal, and the recruit is unable to complete the course, the recruit shall complete the remaining training within one (1) year of reemployment as an officer. The recruit shall repeat basic training in its entirety if:

      (1) The break in employment exceeds one (1) year; or

      (2) The termination of employment is a result, directly or indirectly, of disciplinary action taken by the department against the recruit while enrolled in the basic training course.

 

      Section 9. Maintenance of Records. (1) At the conclusion of each basic training course, the department shall forward a final roster indicating the pass or fail status of each recruit to the council.

      (2) All training records required for fund purposes shall be retained by the department, but a copy of pertinent facts shall be sent to the fund administrator upon written request.

      (3) All training records shall be:

      (a) Available to the council, the secretary, and the fund administrator for inspection or other appropriate purposes; and

      (b) Maintained in accordance with applicable provisions of KRS Chapter 171. (11 Ky.R. 1542; Am. 1776; eff. 5-14-85; 12 Ky.R. 1628; eff. 5-6-86; 16 Ky.R. 1982; 2412; eff. 5-13-90; 26 Ky.R. 1203; 2-14-2000; 27 Ky.R. 2574; 3083; eff. 5-14-2001; 29 Ky.R. 2340; 2883; eff. 6-16-03; 31 Ky.R. 1733; 32 Ky.R. 68; eff. 8-5-05; 953; 1395; eff. 3-3-06; 33 Ky.R. 2138; 2944; eff. 4-6-07; 35 Ky.R. 1012; 1457; eff. 1-5-2009; 36 Ky.R. 2383; 37 Ky.R. 127; 702; eff. 10-2-2010; 38 Ky.R. 1795; 1953; eff. 7-6-2012.)