§ 70-3311.4 — Continuing law enforcement training - Inactive status

Oklahoma § 70-3311.4

• Jurisdiction: Oklahoma
• Title 70: Schools

Text

exemption - Failure to meet training requirements - Suspension of certification. A. Beginning January 1, 2008, and annually thereafter, every active full-time peace officer, certified by the Council on Law Enforcement Education and Training (CLEET) pursuant to Section 3311 of this title, shall attend and complete a minimum of twenty-five (25) hours of continuing law enforcement training accredited or provided by CLEET which shall include a mandatory two (2) hours on mental health issues. Effective November 1, 2019, CLEET shall establish appropriate training resources which shall include the policies and protocols for responding to sexual assault calls, guidelines for the collection and maintenance of sexual assault kits and continuing education on trauma-informed sexual assault response and intervention, and shall require all CLEET-certified law enforcement officers to complete such training on a regular basis to be determined by CLEET. CLEET shall promulgate rules to enforce the provisions of this section and shall enter into contracts and agreements for the payment of classroom space, training, food, and lodging expenses as may be necessary for law enforcement officers attending such training in accordance with subsection B of Section 3311 of this title. Such training and seminars shall be conducted in all areas of this state at technology center schools, institutions of higher education, or other approved sites. B. Beginning January 1, 2017, and annually thereafter, every active reserve peace officer, certified by CLEET pursuant to Section 3311 of this title, shall attend and complete a minimum of eight (8) hours of continuing law enforcement training accredited or provided by CLEET which shall include a mandatory one (1) hour on mental health issues. C. Every inactive full-time or reserve peace officer, certified by CLEET, shall be exempt from these requirements during the inactive status. Upon reentry to full-time active status, the peace officer shall be required to comply with subsection A of this section. If a full-time certified peace officer has been inactive for five (5) or more years, the officer must complete refresher training as prescribed by CLEET and which shall include a minimum of four (4) hours of mental health education and training, within one (1) year of employment. Upon reentry to active reserve status, the peace officer shall be required to comply with subsection B of this section. If a certified reserve officer has been inactive for five (5) or more years, the certified reserve officer shall complete a legal update as prescribed by CLEET. The Director of CLEET may waive these requirements based on review of all records of employment and training. D. Every tribal officer who is commissioned by an Oklahoma law enforcement agency pursuant to a cross-deputization agreement with the State of Oklahoma or any political subdivision of the State of Oklahoma pursuant to the provisions of Section 1221 of Title 74 of the Oklahoma Statutes shall comply with the provisions of this section. E. Any active full-time or reserve certified peace officer, or CLEET-certified cross-deputized tribal officer who fails to meet the annual training requirements specified in this section, shall be subject to having the certification of the peace officer suspended, after the peace officer and the employer have been given written notice of noncompliance and a reasonable time, as defined by the Council, to comply with the provisions of this section. A peace officer shall not be employed in the capacity of a peace officer during any period of suspension. The suspension period shall be for a period of time until the officer files a statement attesting to full compliance with the provisions of this section. Suspension of peace officer certification shall be reported to the district attorney for the jurisdiction in which the officer is employed, the liability insurance company of the law enforcement agency that employed the peace officer, the chief elected official of the governing body of the law enforcement agency and the chief law enforcement officer of the law enforcement agency. Any officer whose certification is suspended pursuant to this section may request a hearing with CLEET. Such hearings shall be governed by the Administrative Procedures Act except that the affected officer has the burden to show CLEET why CLEET should not have the certification of the officer suspended. F. All certified, active full-time or reserve peace officers employed, commissioned or appointed for a period of ninety (90) days in a calendar year, who become inactive prior to the end of a calendar year, are responsible for meeting mandatory continuing education requirements as set forth in this section upon return to active full-time or reserve peace officer status within sixty (60) days of the date of return to employment, commission or appointment. Failure to complete the mandatory continuing education within sixty (60) days may result in disciplinary action as set forth in CLEET Rules at OAC 390:2. Full-time or reserve certified peace officers who return to active status within the calendar year they become inactive must complete the annual mandatory continuing education requirements outlined in this section within the remaining portion of the calendar year. G. Peace officers with full-time certification who worked during a calendar year only as a reserve officer are required to complete only the training requirements for reserve certification. For purposes of the requirements outlined in subsection F of this section, full-time peace officers who worked both in the capacity of a full-time peace officer and reserve officer in a calendar year must complete full-time continuing education requirements.

Legislative History

Added by Laws 1990, c. 292, § 1, eff. Sept. 1, 1990. Amended by Laws 1998, c. 230, § 2, eff. Nov. 1, 1998; Laws 2001, c. 33, § 149, eff. July 1, 2001; Laws 2004, c. 36, § 2, emerg. eff. March 30, 2004; Laws 2007, c. 360, § 7, eff. Nov. 1, 2007; Laws 2008, c. 143, § 2, eff. Nov. 1, 2008; Laws 2012, c. 85, § 1, eff. Nov. 1, 2012; Laws 2013, c. 315, § 1, eff. Nov. 1, 2013; Laws 2016, c. 376, § 2, emerg. eff. June 6, 2016; Laws 2017, c. 37, § 1, eff. Nov. 1, 2017; Laws 2019, c. 245, § 2, eff. Nov. 1, 2019; Laws 2019, c. 339, § 1, eff. Nov. 1, 2019.