503 KAR 3:090. Department of Criminal Justice Training

503 KAR 3:090. Department of Criminal Justice Training - Kentucky Police Corps Program.

RELATES TO: KRS 15A.070(1), 42 U.S.C. 14094, 14096, 14099

STATUTORY AUTHORITY: KRS 15A.070(1), (5), 15A.150, 42 U.S.C. 14094, 14099

NECESSITY, FUNCTION, AND CONFORMITY: 42 USC 14094(a) requires a state desiring to participate in the Police Corps Program to designate a lead agency to submit and administer the program in the state. KRS 15A.150 designates the Justice Cabinet to administer all state and federally-funded grant programs related to criminal justice. This administrative regulation establishes the Department of Criminal Justice Training - Kentucky Police Corps basic training course.

Section 1. Assurances. To develop and implement interagency agreements to carry out the program, the Department of Criminal Justice Training - Kentucky Police Corps Program shall:

(1) Work in cooperation with:

(a) Local law enforcement liaisons;

(b) Representatives of police labor organizations;

(d) Other state and local agencies;

(2) Advertise the assistance available under the Police Corps Program plan;

(3) Screen and select law enforcement personnel for participation in the Police Corps Program; and

(4) Meet the requirements of 42 USC 14099.

Section 2. Application Process. (1) To participate in the Department of Criminal Justice Training - Kentucky Police Corps Program, an applicant shall:

(a) Complete:

1. An "Application for Admission" Form;

2. A "Release of Information to Agency" Form;

3. A "Criminal History Release" Form; and

4. A "Credit History Release" Form; and

(b) Obtain letters of recommendation by at least two (2), but no more than (4) different persons, by requesting that they complete a "Recommendation Form" supplied by the department.

(2) The recommendation forms shall be sent from the references directly to the department.

Section 3. Police Corps Selection Criteria. In addition to the requirements of 42 USC 14096, selection of Police Corps cadets shall be based upon the following criteria:

(1) Academic achievement, based upon grades earned in:

(a) High school;

(b) Vocational school; or

(2) Work experience and community involvement;

(3) Special interests and athletics;

(4) Letters of recommendations;

(5) Personal statement and essay; and

(6) Personal interview with Police Corps applicant.

Section 4. Assignment of Cadets to Police Forces. (1) A Police Corps cadet shall be assigned to a geographic area in which:

(a) There is a greater need for additional law enforcement personnel; or

(b) He or she will be used more effectively.

(2) Subject to the requirements of subsection (1) of this section, a Police Corps cadet shall be assigned to:

(a) An area near his or her home; or

(b) Other requested area.

(3) Assignment of a cadet to a police agency shall be made at the time of acceptance into the Police Corps Program. The assignment to an agency shall not be changed except as follows:

(a) Prior to the start of the fourth year of undergraduate study if the sponsoring police agency determines that they will be unable to hire the cadet; and

(b) After the start of the fourth year of undergraduate study and before the completion of the four (4) year service requirement, the assignment may be changed based only upon:

1. Compelling reasons or to meet the needs of the Police Corps Program; and

2. The consent of the cadet.

(4) A Police Corps cadet shall not be assigned to serve with a local police force:

(a) Whose size has declined by more than five (5) percent since June 21, 1989; or

(b) Which has members who have been laid off, but not retired.

(5) Except if an agency emergency, Police Corps cadets shall be placed and kept on community and preventive patrol during their four (4) year service obligation.

(6) Each year, there shall not be more than ten (10) percent of Police Corps cadets assigned to police agencies with statewide jurisdiction.

Section 5. Effective Training and Leadership. Cadets in the Kentucky Police Corps shall receive effective training and leadership.

Section 6. Refusal of Appointment or Removal. (1) The Police Corps Program may refuse to offer an appointment after completion of federal training or may remove a cadet from the program based upon:

(a) Failure to make satisfactory progress in the course of educational study;

(b) A recommendation of removal by the Commissioner of the Department of Criminal Justice Training after violation of the conduct requirements in 503 KAR 3:100; or

(2) If a cadet is refused appointment or removed from training, he or she shall have the right to request a hearing pursuant to KRS Chapter 13B.

Section 7. Employment Rights of Police Corps Cadets. A police agency requesting appointment of a Police Corps cadet shall, while the cadet is serving as a member of the force:

(1) Provide the same rate of pay and benefits to the cadet as other officers with the same rank and tenure; and

(2) Recognize the same rights under applicable agreements with labor organizations as other officers with the same rank and tenure.

Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Application for Admission" Form, DOCJT, (1/98 Edition);

(b) "Release of Information to Agency" Form, DOCJT, (6/02 Edition);

(d) "Credit History Release" Form, DOCJT, (6/02 Edition); and

(e) "Recommendation Form," DOCJT, (6/02 Edition).

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Criminal Justice Training, Funderburk Building, 521 Lancaster Avenue, Richmond, Kentucky 40475-3102, Monday through Friday, 8 a.m. to 4:30 p.m. (29 Ky.R. 845; Am. 1783; eff. 1-16-2003.)