IN Code § 5-2-1-9 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 2. Law Enforcement|Chapter 1. Mandatory Training for Law Enforcement Officers|5-2-1-9. Rules; Basic Training; Pre-Basic Training; Inservice Training; Town Marshal and Executive Training Programs; Fire Investigators; Handgun Safety; Refresher Course; Gaming Agents; Securities Enforcement

Sec. 9. (a) The board shall adopt in accordance with IC 4-22-2 all necessary rules to carry out the provisions of this chapter. The rules, which shall be adopted only after necessary and proper investigation and inquiry by the board, shall include the establishment of the following:(1) Minimum standards of physical, educational, mental, and moral fitness which shall govern the acceptance of any person for training by any law enforcement training school or academy meeting or exceeding the minimum standards established pursuant to this chapter.(2) Minimum standards for law enforcement training schools administered by towns, cities, counties, law enforcement training centers, agencies, or departments of the state.(3) Minimum standards for courses of study, attendance requirements, equipment, and facilities for approved town, city, county, and state law enforcement officer, police reserve officer, and conservation reserve officer training schools.(4) Minimum standards for a course of study on cultural diversity awareness, including training on the U nonimmigrant visa created through the federal Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386) that must be required for each person accepted for training at a law enforcement training school or academy. Cultural diversity awareness study must include an understanding of cultural issues related to race, religion, gender, age, domestic violence, national origin, and physical and mental disabilities.(5) Minimum qualifications for instructors at approved law enforcement training schools.(6) Minimum basic training requirements which law enforcement officers appointed to probationary terms shall complete before being eligible for continued or permanent employment.(7) Minimum basic training requirements which law enforcement officers appointed on other than a permanent basis shall complete in order to be eligible for continued employment or permanent appointment.(8) Minimum basic training requirements which law enforcement officers appointed on a permanent basis shall complete in order to be eligible for continued employment.(9) Minimum basic training requirements for each person accepted for training at a law enforcement training school or academy that include six (6) hours of training in interacting with:(A) persons with autism, mental illness, addictive disorders, intellectual disabilities, and developmental disabilities;(B) missing endangered adults (as defined in IC 12-7-2-131.3); and(C) persons with Alzheimer's disease or related senile dementia;to be provided by persons approved by the secretary of family and social services and the board. The training must include an overview of the crisis intervention teams.(10) Minimum standards for a course of study on human and sexual trafficking that must be required for each person accepted for training at a law enforcement training school or academy and for inservice training programs for law enforcement officers. The course must cover the following topics:(A) Examination of the human and sexual trafficking laws (IC 35-42-3.5).(B) Identification of human and sexual trafficking.(C) Communicating with traumatized persons.(D) Therapeutically appropriate investigative techniques.(E) Collaboration with federal law enforcement officials.(F) Rights of and protections afforded to victims.(G) Providing documentation that satisfies the Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (Form I-914, Supplement B) requirements established under federal law.(H) The availability of community resources to assist human and sexual trafficking victims.(11) Minimum standards for ongoing specialized, intensive, and integrative training for persons responsible for investigating sexual assault cases involving adult victims. This training must include instruction on:(A) the neurobiology of trauma;(B) trauma informed interviewing; and(C) investigative techniques.(12) Minimum standards for de-escalation training. De-escalation training shall be taught as a part of existing use-of-force training and not as a separate topic.(b) A law enforcement officer appointed after July 5, 1972, and before July 1, 1993, may not enforce the laws or ordinances of the state or any political subdivision unless the officer has, within one (1) year from the date of appointment, successfully completed the minimum basic training requirements established under this chapter by the board. If a person fails to successfully complete the basic training requirements within one (1) year from the date of employment, the officer may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until the officer has successfully completed the training requirements. This subsection does not apply to any law enforcement officer appointed before July 6, 1972, or after June 30, 1993.(c) Military leave or other authorized leave of absence from law enforcement duty during the first year of employment after July 6, 1972, shall toll the running of the first year, which shall be calculated by the aggregate of the time before and after the leave, for the purposes of this chapter.(d) Except as provided in subsections (e), (m), (t), and (u), a law enforcement officer appointed to a law enforcement department or agency after June 30, 1993, may not:(1) make an arrest;(2) conduct a search or a seizure of a person or property; or(3) carry a firearm;unless the law enforcement officer successfully completes, at a board certified law enforcement academy or at a law enforcement training center under section 10.5 or 15.2 of this chapter, the basic training requirements established by the board under this chapter.(e) This subsection does not apply to:(1) a gaming agent employed as a law enforcement officer by the Indiana gaming commission; or(2) an:(A) attorney; or(B) investigator;designated by the securities commissioner as a police officer of the state under IC 23-19-6-1(k).Before a law enforcement officer appointed after June 30, 1993, completes the basic training requirements, the law enforcement officer may exercise the police powers described in subsection (d) if the officer successfully completes the pre-basic course established in subsection (f). Successful completion of the pre-basic course authorizes a law enforcement officer to exercise the police powers described in subsection (d) for one (1) year after the date the law enforcement officer is appointed.(f) The board shall adopt rules under IC 4-22-2 to establish a pre-basic course for the purpose of training:(1) law enforcement officers;(2) police reserve officers (as described in IC 36-8-3-20); and(3) conservation reserve officers (as described in IC 14-9-8-27);regarding the subjects of arrest, search and seizure, the lawful use of force, de-escalation training, interacting with individuals with autism, and the operation of an emergency vehicle. The pre-basic course must be offered on a periodic basis throughout the year at regional sites statewide. The pre-basic course must consist of at least forty (40) hours of course work. The board may prepare the classroom part of the pre-basic course using available technology in conjunction with live instruction. The board shall provide the course material, the instructors, and the facilities at the regional sites throughout the state that are used for the pre-basic course. In addition, the board may certify pre-basic courses that may be conducted by other public or private training entities, including postsecondary educational institutions.(g) Subject to subsection (h), the board shall adopt rules under IC 4-22-2 to establish a mandatory inservice training program for police officers and police reserve officers (as described in IC 36-8-3-20). After June 30, 1993, a law enforcement officer who has satisfactorily completed basic training and has been appointed to a law enforcement department or agency on either a full-time or part-time basis is not eligible for continued employment unless the officer satisfactorily completes the mandatory inservice training requirements established by rules adopted by the board. Inservice training must include de-escalation training. Inservice training must also include training in interacting with persons with mental illness, addictive disorders, intellectual disabilities, autism, developmental disabilities, and Alzheimer's disease or related senile dementia, to be provided by persons approved by the secretary of family and social services and the board, and training concerning human and sexual trafficking and high risk missing persons (as defined in IC 5-2-17-1). The board may approve courses offered by other public or private training entities, including postsecondary educational institutions, as necessary in order to ensure the availability of an adequate number of inservice training programs. The board may waive an officer's inservice training requirements if the board determines that the officer's reason for lacking the required amount of inservice training hours is due to either an emergency situation or the unavailability of courses.(h) This subsection applies only to a mandatory inservice training program under subsection (g). Notwithstanding subsection (g), the board may, without adopting rules under IC 4-22-2, modify the course work of a training subject matter, modify the number of hours of training required within a particular subject matter, or add a new subject matter, if the board satisfies the following requirements:(1) The board must conduct at least two (2) public meetings on the proposed modification or addition.(2) After approving the modification or addition at a public meeting, the board must post notice of the modification or addition on the Indiana law enforcement academy's Internet web site at least thirty (30) days before the modification or addition takes effect.If the board does not satisfy the requirements of this subsection, the modification or addition is void. This subsection does not authorize the board to eliminate any inservice training subject matter required under subsection (g).(i) The board shall also adopt rules establishing a town marshal basic training program, subject to the following:(1) The program must require fewer hours of instruction and class attendance and fewer courses of study than are required for the mandated basic training program.(2) Certain parts of the course materials may be studied by a candidate at the candidate's home in order to fulfill requirements of the program.(3) Law enforcement officers successfully completing the requirements of the program are eligible for appointment only in towns employing the town marshal system (IC 36-5-7) and having not more than one (1) marshal and two (2) deputies.(4) The limitation imposed by subdivision (3) does not apply to an officer who has successfully completed the mandated basic training program.(5) The time limitations imposed by subsections (b) and (c) for completing the training are also applicable to the town marshal basic training program.(6) The program must require training in interacting with individuals with autism.(j) The board shall adopt rules under IC 4-22-2 to establish an executive training program. The executive training program must include training in the following areas:(1) Liability.(2) Media relations.(3) Accounting and administration.(4) Discipline.(5) Department policy making.(6) Lawful use of force and de-escalation training.(7) Department programs.(8) Emergency vehicle operation.(9) Cultural diversity.(k) A police chief shall apply for admission to the executive training program within two (2) months of the date the police chief initially takes office. A police chief must successfully complete the executive training program within six (6) months of the date the police chief initially takes office. However, if space in the executive training program is not available at a time that will allow completion of the executive training program within six (6) months of the date the police chief initially takes office, the police chief must successfully complete the next available executive training program that is offered after the police chief initially takes office.(l) A police chief who fails to comply with subsection (k) may not continue to serve as the police chief until completion of the executive training program. For the purposes of this subsection and subsection (k), "police chief" refers to:(1) the police chief of any city;(2) the police chief of any town having a metropolitan police department; and(3) the chief of a consolidated law enforcement department established under IC 36-3-1-5.1.A town marshal is not considered to be a police chief for these purposes, but a town marshal may enroll in the executive training program.(m) A fire investigator in the department of homeland security appointed after December 31, 1993, is required to comply with the basic training standards established under this chapter.(n) The board shall adopt rules under IC 4-22-2 to establish a program to certify handgun safety courses, including courses offered in the private sector, that meet standards approved by the board for training probation officers in handgun safety as required by IC 11-13-1-3.5(3).(o) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:(1) is hired by an Indiana law enforcement department or agency as a law enforcement officer;(2) has not been employed as a law enforcement officer for:(A) at least two (2) years; and(B) less than six (6) years before the officer is hired under subdivision (1); and(3) completed at any time a basic training course certified or recognized by the board before the officer is hired under subdivision (1).(p) An officer to whom subsection (o) applies must successfully complete the refresher course described in subsection (o) not later than six (6) months after the officer's date of hire, or the officer loses the officer's powers of:(1) arrest;(2) search; and(3) seizure.(q) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:(1) is appointed by an Indiana law enforcement department or agency as a reserve police officer; and(2) has not worked as a reserve police officer for at least two (2) years after:(A) completing the pre-basic course; or(B) leaving the individual's last appointment as a reserve police officer.An officer to whom this subsection applies must successfully complete the refresher course established by the board in order to work as a reserve police officer.(r) This subsection applies to an individual who, at the time the individual completes a board certified or recognized basic training course, has not been appointed as a law enforcement officer by an Indiana law enforcement department or agency. If the individual is not employed as a law enforcement officer for at least two (2) years after completing the basic training course, the individual must successfully retake and complete the basic training course as set forth in subsection (d).(s) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an individual who:(1) is appointed as a board certified instructor of law enforcement training; and(2) has not provided law enforcement training instruction for more than one (1) year after the date the individual's instructor certification expired.An individual to whom this subsection applies must successfully complete the refresher course established by the board in order to renew the individual's instructor certification.(t) This subsection applies only to a gaming agent employed as a law enforcement officer by the Indiana gaming commission. A gaming agent appointed after June 30, 2005, may exercise the police powers described in subsection (d) if:(1) the agent successfully completes the pre-basic course established in subsection (f); and(2) the agent successfully completes any other training courses established by the Indiana gaming commission in conjunction with the board.(u) This subsection applies only to a securities enforcement officer designated as a law enforcement officer by the securities commissioner. A securities enforcement officer may exercise the police powers described in subsection (d) if:(1) the securities enforcement officer successfully completes the pre-basic course established in subsection (f); and(2) the securities enforcement officer successfully completes any other training courses established by the securities commissioner in conjunction with the board.(v) As used in this section, "upper level policymaking position" refers to the following:(1) If the authorized size of the department or town marshal system is not more than ten (10) members, the term refers to the position held by the police chief or town marshal.(2) If the authorized size of the department or town marshal system is more than ten (10) members but less than fifty-one (51) members, the term refers to:(A) the position held by the police chief or town marshal; and(B) each position held by the members of the police department or town marshal system in the next rank and pay grade immediately below the police chief or town marshal.(3) If the authorized size of the department or town marshal system is more than fifty (50) members, the term refers to:(A) the position held by the police chief or town marshal; and(B) each position held by the members of the police department or town marshal system in the next two (2) ranks and pay grades immediately below the police chief or town marshal.(w) This subsection applies only to a correctional police officer employed by the department of correction. A correctional police officer may exercise the police powers described in subsection (d) if:(1) the officer successfully completes the pre-basic course described in subsection (f); and(2) the officer successfully completes any other training courses established by the department of correction in conjunction with the board.(x) This subsection applies only to the sexual assault training described in subsection (a)(11). The board shall:(1) consult with experts on the neurobiology of trauma, trauma informed interviewing, and investigative techniques in developing the sexual assault training; and(2) develop the sexual assault training and begin offering the training not later than July 1, 2022.(y) After July 1, 2023, a law enforcement officer who regularly investigates sexual assaults involving adult victims must complete the training requirements described in subsection (a)(11) within one (1) year of being assigned to regularly investigate sexual assaults involving adult victims.(z) A law enforcement officer who regularly investigates sexual assaults involving adult victims may complete the training requirements described in subsection (a)(11) by attending a:(1) statewide or national training; or(2) department hosted local training.(aa) Notwithstanding any other provisions of this section, the board is authorized to establish certain required standards of training and procedure.Formerly: Acts 1967, c.209, s.9. As amended by Acts 1982, P.L.31, SEC.1; P.L.48-1987, SEC.1; P.L.30-1992, SEC.2; P.L.58-1995, SEC.1; P.L.57-1995, SEC.2; P.L.2-1997, SEC.16; P.L.78-1998, SEC.1; P.L.25-2000, SEC.1; P.L.45-2001, SEC.1; P.L.62-2004, SEC.1; P.L.85-2004, SEC.40; P.L.2-2005, SEC.12; P.L.170-2005, SEC.8; P.L.227-2005, SEC.2; P.L.52-2005, SEC.6; P.L.1-2006, SEC.88; P.L.173-2006, SEC.44; P.L.2-2007, SEC.72; P.L.230-2007, SEC.4; P.L.128-2008, SEC.1; P.L.1-2009, SEC.14; P.L.43-2009, SEC.1; P.L.77-2009, SEC.2; P.L.93-2009, SEC.1; P.L.1-2010, SEC.11; P.L.138-2013, SEC.1; P.L.205-2013, SEC.73; P.L.164-2014, SEC.1; P.L.100-2015, SEC.1; P.L.115-2015, SEC.2; P.L.117-2015, SEC.2; P.L.4-2017, SEC.1; P.L.86-2018, SEC.11; P.L.8-2021, SEC.1; P.L.12-2021, SEC.2; P.L.174-2021, SEC.2; P.L.187-2021, SEC.5.