reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-9 - PAROLE VIOLATIONS AND REVOCATIONS › Section 640-X-9-.01 - Parole Violations

Current through Register Vol. 42, No. 9, June 28, 2024
A probation and parole officer who has received information
				indicating that a parolee under his or her supervision may have violated a
				condition of parole shall investigate the alleged violation in a timely manner.
				The thoroughness of the investigation shall be proportionate to the seriousness
				of the alleged violation. The officer should make a preliminary determination
				of the seriousness of the charges. Appropriate violation responses should be
				used or recommended by the supervising officer, including non-confinement-based
				as well as confinement-based sanctions in accordance with the Agency's
				Supervision Response Matrix. The Supervision Response Matrix is not a public
				record. If the officer believes no further action is required, he or she may
				report the investigation in the "Notice of Violation" format to Field
				Operations.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-37,
				  15-22-57.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-9 - PAROLE VIOLATIONS AND REVOCATIONS › Section 640-X-9-.05 - Parole Court Reports

Current through Register Vol. 42, No. 9, June 28, 2024
Subsequent to conducting Parole Court, the Hearing Officer
				shall compose a Parole Court report for the Board, subject to the
				following:
(a) The Parole Court report
			 shall contain written findings of fact. The report shall state what evidence
			 was relied upon in reaching conclusions. The report shall clearly state whether
			 each charge was proven. If the parolee is found guilty of violating the terms
			 of parole, the Hearing Officer shall also include in his or her report a
			 detailed assessment of the mitigating and/or aggravating
			 circumstances.
(b) The Hearing
			 Officer's report shall address applicable statutory limitations, i.e., whether
			 statutory revocation caps ("dunks") apply.
(c) The Revocation Unit shall serve a copy of
			 the Hearing Officer's report on the parolee and place a copy of the certificate
			 of service in the parolee's file.
(d) The Hearing Officer's written report is
			 the official record of the Parole Court hearing.
(e) If no charges are proven to the
			 reasonable satisfaction of the Hearing Officer, the Revocation Unit shall
			 prepare a draft order for the Board's signature, directing withdrawal of any
			 warrant issued by any authority of the Agency. The draft order and Hearing
			 Officer's report shall be placed in the parolee's file to be presented to the
			 Board for action by the most expeditious means.
(f) A parolee who has been accused of a
			 specific violation after the charge is found "not proven" at Parole Court shall
			 not have parole revoked for that violation, unless the charge is subsequently
			 proven in a subsequent evidentiary hearing or unless he or she is convicted of
			 an underlying criminal charge.
(g)
			 If the parolee is found guilty of any charge, the Hearing Officer's report
			 shall be filed with the Revocations Unit, which will present the Parole Court
			 report and recommendation of the Hearing Officer to the Board as soon as
			 practicable.
(h) The Revocation
			 Unit and the supervising officer shall be responsible for tracking the number
			 of "dunks" imposed on each parolee.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-32,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-9 - PAROLE VIOLATIONS AND REVOCATIONS › Section 640-X-9-.06 - Board Action Subsequent to Parole Court

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board shall consider Parole Court
			 dockets during regularly scheduled open public meetings. After consideration of
			 the Parole Court report, the Board shall decide whether to continue parole,
			 reinstate parole, impose an up-to-45-day period of confinement ("dunk") or
			 other sanction, or revoke parole. The Board will only consider revocation on
			 charges proven to the reasonable satisfaction of the Parole Court. However, the
			 Board may remand any charge for further hearing.
(2) Any Board order "dunking" or revoking
			 parole shall state the reasons for revocation and shall refer to the evidence
			 relied upon in determining that revocation is appropriate.
(3) If the Board is inclined to reinstate
			 parole, the case may be continued pending verification of a home and job plan
			 or the Board may reinstate parole supervision contingent upon verification of a
			 home and job plan, withholding notification of reinstatement to the Department
			 of Corrections pending verification of the same.
(4) If the Board is of the opinion that the
			 interests of justice will be served by remanding a case for further hearing,
			 either to ensure that the parolee has received due process or to ensure that
			 society is properly served by a more thorough fact-finding process, such
			 proceedings shall be conducted as promptly as may be practicable.
(5) The Board retains jurisdiction to
			 reconsider any revocation matter that they may later determine to have been
			 improvidently ordered.
(6) The
			 Revocation Unit shall notify the Department of Corrections of any order
			 "dunking" or revoking parole or returning a parolee to parole supervision
			 within five (5) business days of Board action.
(7) The Revocation Unit shall ensure Field
			 Operations receives copies of any necessary dockets, orders, and
			 records.
Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-32,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-10 - AGENCY RECORDS › Appendix ABPP-1 - Application For Early Parole Consideration Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
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Authors:
Bureau of Pardons and Parole
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-37,
				  15-22-57.
The amended
				version of this appendix by
				Alabama
				Administrative Monthly Volume XXXVIII, Issue No. 11, August 31,
				2020, file. 8/20/2020 is not yet
				available.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-10 - AGENCY RECORDS › Appendix ABPP-2 - Parole Guidelines

Current through Register Vol. 42, No. 9, June 28, 2024
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Authors:
Meridith H. Barnes, Laura B. Mest, Greg
				  Locklier
Statutory Authority:
Code of Ala. 1975,
				  §§
										15-22-21,
				  15-22-37.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-10 - AGENCY RECORDS › Appendix ABPP-3 - Pardon Applicatio

Current through Register Vol. 42, No. 9, June 28, 2024
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Authors:
Bureau of Pardons and Parole
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-37,
				  15-22-57.
The amended
				version of this appendix by
				Alabama
				Administrative Monthly Volume XXXVIII, Issue No. 11, August 31,
				2020, file. 8/20/2020 is not yet
				available.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-10 - AGENCY RECORDS › Appendix ABPP-4 - Certificate Of Eligibility To Register To Vote ("CERV") Application

Current through Register Vol. 42, No. 9, June 28, 2024
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Authors:
Bureau of Pardons and Parole
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-37,
				  15-22-57.
The amended
				version of this appendix by
				Alabama
				Administrative Monthly Volume XXXVIII, Issue No. 11, August 31,
				2020, file. 8/20/2020 is not yet
				available.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-10 - AGENCY RECORDS › Appendix ABPP-5 - Remission Of Fine And/Or Forfeiture Application

Current through Register Vol. 42, No. 9, June 28, 2024
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Authors:
Bureau of Pardons and Parole
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-37,
				  15-22-57.
The amended
				version of this appendix by
				Alabama
				Administrative Monthly Volume XXXVIII, Issue No. 11, August 31,
				2020, file. 8/20/2020 is not yet
				available.
Alabama Administrative Code › Title 640 - ALABAMA BOARD OF PARDONS AND PAROLES › Chapter 640-X-10 - AGENCY RECORDS › Appendix ABPP-6 - Request To View Public Records

Current through Register Vol. 42, No. 9, June 28, 2024
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Authors:
Bureau of Pardons and Parole
Statutory Authority:
Code of Ala.
				  1975
, §§
										15-22-21,
				  15-22-37,
				  15-22-57.
The amended
				version of this appendix by
				Alabama
				Administrative Monthly Volume XXXVIII, Issue No. 11, August 31,
				2020, file. 8/20/2020 is not yet
				available.
Alabama Administrative Code › Title 645 - ALABAMA PEACE OFFICERS' ANNUITY AND BENEFIT FUND › Chapter 645-X-1 - GENERAL MEMBERSHIP RULES › Section 645-X-1-.01 - Criteria For Membership In Fund

Current through Register Vol. 42, No. 9, June 28, 2024
The Board of Commissioners of the Alabama Peace Officers' Annuity and Benefit Fund is to set the criteria for membership in the Alabama Peace Officers' Annuity and Benefit Fund for the applicants to be a full-time sworn law enforcement officer working for agencies allowed by law to participate in the Fund with arrest powers derived from the same agency by which you are employed and paid. Furthermore, membership in the Fund requires P.O.S.T. certification or P.O.S.T. affidavit which must be supplied by the applicant at the time of joining the Fund. The exceptions to this provision are if the P.O.S.T. certificate or affidavit is for law enforcement officers who are exempted from P.O.S.T. as designated by law (i.e. Sheriffs) or District Attorney's investigators who are full-time law enforcement officers with the powers.
Author:
John E. Hixon, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										36-21-64.
Alabama Administrative Code › Title 645 - ALABAMA PEACE OFFICERS' ANNUITY AND BENEFIT FUND › Chapter 645-X-1 - GENERAL MEMBERSHIP RULES › Section 645-X-1-.02 - Line Of Duty Disability Claim Time Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The Board of Commissioners of the Alabama Peace Officers' Annuity and Benefit Fund intent is to set the disability claim time requirements to be received in a complete fashion and date stamped in at the Annuity Fund office within one year of the date of injury for the Board of Commissioners to consider the claim unless the Board of Commissioners finds there was good cause for the failure to file within that time.
Author:
John E. Hixon, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										36-21-64.
Alabama Administrative Code › Title 645 - ALABAMA PEACE OFFICERS' ANNUITY AND BENEFIT FUND › Chapter 645-X-1 - GENERAL MEMBERSHIP RULES › Section 645-X-1-.03 - Specifications For Receiving Retirement Benefits From The Alabama Peace Officers' Annuity And Benefit Fund

Current through Register Vol. 42, No. 9, June 28, 2024
Any member in good standing who at age 52 with at least 15 years qualified service or who has completed 25 years of qualified service at any age may apply for the annuity benefit as set by the Board of Commissioners. In order to qualify to receive their annuity benefit, the member must be retired fro their law enforcement position or no longer employed as a peace officer. A member of the fund is not considered to be retired or no longer employed as a peace officer if they continue to receive their pay from the same employer, agency or department or an entity under the control of their most recent employer. A member is not considered retired or no longer employed as a peace officer even if they have voluntarily or involuntarily relinquished their powers while continuing to do the same job or a similar job in the same or a similar capacity, with duties that have remained virtually the same except for the deletion of the power of arrest.
Author:
John E. Hixon, Jr.
Statutory Authority:
Code of Ala. 1975
, §
										36-21-64.
Alabama Administrative Code › Title 645 - ALABAMA PEACE OFFICERS' ANNUITY AND BENEFIT FUND › Chapter 645-X-1 - GENERAL MEMBERSHIP RULES › Section 645-X-1-.04 - Application And Membership Contributions For The Alabama Peace Officers' Annuity And Benefit Fund

Current through Register Vol. 42, No. 9, June 28, 2024
The Board of Commissioners of the Alabama Peace Officers'
				Annuity & Benefit Fund's intent is effective September 1, 2015 all
				applicants for membership shall pay to the Fund a monthly fee in the amount of
				$30 as determined by the Board of Commissioners based upon the recommendations
				of the Actuary. Each current active member of the Fund shall pay a regular
				monthly fee of $30 as determined by the Board of Commissioners based upon the
				recommendation of the Actuary.
Authors:
John E. Hixon, Jr., J. Matt
				  Bledsoe
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-64, 36-21-68.
Alabama Administrative Code › Title 645 - ALABAMA PEACE OFFICERS' ANNUITY AND BENEFIT FUND › Chapter 645-X-1 - GENERAL MEMBERSHIP RULES › Section 645-X-1-.05 - Request Public Records from the Alabama Peace Officers' Annuity and Benefit Fund

Current through Register Vol. 42, No. 9, June 28, 2024
The
				adopted version of this section by
				Alabama
				Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023,
				filed July 24, 2023 is not yet
				available.
Alabama Administrative Code › Title 645 - ALABAMA PEACE OFFICERS' ANNUITY AND BENEFIT FUND › Chapter 645-X-1 - GENERAL MEMBERSHIP RULES › Section 645-X-1-.06 - Fees for Public Records Request from the Alabama Peace Officers' Annuity and Benefit Fund

Current through Register Vol. 42, No. 9, June 28, 2024
The
				adopted version of this section by
				Alabama
				Administrative Monthly Volume XLI, Issue No. 11, August 31, 2023,
				filed July 24, 2023 is not yet
				available.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used by the Peace Officers Standards and Training
				Commission, the following words and phrases shall have the following meanings
				respectively.
(1) Approved Academy. A
			 school certified and authorized by the Commission to conduct law enforcement
			 training.
(2) Certification. A
			 written statement issued by the Commission testifying to the accreditation of
			 an approved academy, instructor, or applicant.
(3) Commission. The Peace Officers Standards
			 and Training Commission or employees thereof acting on its behalf.
(4) Curriculum. A program of study that
			 conforms to the Commission's promulgated requirements.
(5) Instructor. An individual possessing a
			 certificate issued by the Commission to instruct in an approved
			 academy.
(6) Academy Director. The
			 individual appointed or approved by the Commission to administer the operation
			 of an approved academy.
(7)
			 Subject. A specific course of instruction within the curriculum required by the
			 Commission.
(8) Applicant. An
			 individual seeking admittance to an approved academy as a trainee and/or,
			 certification as a law enforcement officer.
(9) Trainee. An individual undergoing
			 training at an approved academy.
(10) Law Enforcement Agency. Means and
			 includes the State Department of Public Safety, the Alabama Department of
			 Corrections, the police department of each incorporated city or town, the
			 department of each sheriff of the state, including all deputy sheriffs, the
			 enforcement division of the State Department of Conservation and each public
			 agency in the state charged with the enforcement of any laws and the officers
			 or employees of which have power as such officials or employees to make
			 arrests. Such term does not include the National Guard or any military
			 organization.
(11) Law Enforcement
			 Officer. Means and includes a police officer, deputy sheriff, deputy constable,
			 and other officials who have authority as such official to make arrests. Such
			 term includes Alabama State troopers or members of the State Department of
			 Public Safety.
Author:
Peace Officers Standards and Training
				Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.02 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The Peace Officers Standards and Training Commission was
				created to insure that law enforcement officers receive training in their
				vocation, thereby providing better service to the public. These goals are
				obtained by empowering the Commission with authority to promulgate rules in the
				selection, recruitment and training of law enforcement officers and the work of
				law enforcement agencies in the State; to prescribe standards for law
				enforcement officers; to grant to the Commission power to establish standards
				and issue and promulgate rules and regulations; to make the violation of
				certain provisions of the
Code of Ala. 1975
, Sections
				36-21-40 through
				36-21-50 or the standards, rules and regulations of the Commission a misdemeanor.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.03 - Composition And Selection Of Commission

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission is composed of seven members, each of whom must
				be a qualified elector of the State who is over the age of 21 years. The State
				Fraternal Order of Police shall designate one member of the commission to serve
				for a term of four years; the Alabama Peace Officers Association shall
				designate one member to serve for a term of four years; the Law Enforcement
				Planning Association shall designate one member to serve for a term of four
				years; and the Governor shall designate four members to serve for terms of four
				years.
Author:
Peace Officers Standards and Training
				Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.04 - General Description Of Organization And Operation

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission is an independent agency of the State of
				Alabama. All costs of operating the Commission, including administrative,
				secretarial, clerical and investigative are paid from legislative
				appropriations. The Attorney General and his assistants provide legal services
				to the Commission.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.05 - Rules Of Order

Current through Register Vol. 42, No. 9, June 28, 2024
All proceedings of the Commission shall be governed by
Robert's Rules of Order
, except during disciplinary
				hearings and except where otherwise provided in these rules.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.06 - Quorum

Current through Register Vol. 42, No. 9, June 28, 2024
Four members of the Commission shall constitute a
				quorum.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.07 - Election Of Officers

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall elect a Chairman and Vice-Chairman from
				among its members on the first meeting after January 1st of each year.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.08 - Meetings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission
			 shall meet in regular session, quarterly, at a time and place in the State of
			 Alabama, to be designated by the Chairman of the Commission.
(2) Special Meetings may be called by the
			 Chairman, the Vice-Chairman or any three members, by giving notice of the time,
			 place and purpose of such meeting to each member.
(3) Each member of the Commission shall be
			 given at least five days of notice of the time, place and purpose of quarterly
			 or Special Meetings. Such notice may be waived by all members of the Commission
			 either before or after a Special Meeting.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.09 - Use Of Forms

Current through Register Vol. 42, No. 9, June 28, 2024
All applications and requests for which the Commission has
				prescribed a form must be made on the prescribed form. Forms used by the
				Commission may be acquired from the Executive Secretary.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.10 - Executive Secretary

Current through Register Vol. 42, No. 9, June 28, 2024
The Executive Secretary of the Commission is a certified law
				enforcement officer with the power of arrest as defined in Rule
				650-X-1-.01(11) and shall be responsible for the administration of Commission policy. The
				Executive Secretary is designated as agent for the Commission for service of
				legal process upon the Commission. The Executive Secretary shall be custodian
				of the seal and shall have authority to affix the seal to agreements and
				obligations of the Commission and to certify copies of proceedings of the
				Commission. All correspondence to the Commission, including requests for
				information and all submissions and other requests, should be made to the
				Executive Secretary at the Commission's headquarters.
Author:
Peace Officers Standards and Training
				Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.11 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Public Record"
			 for the purpose of these Rules means all Commission records which are
			 reasonably necessary to record the business and activities required to be done
			 or carried on by the Commission so that the status and condition of such
			 business and activities can be known by the public. Records which do not
			 constitute "public records" include, but are not limited to, those received by
			 a public officer in confidence, sensitive personnel and criminal records,
			 complaints against law enforcement officers and individuals seeking
			 certification as law enforcement officers, and records, the disclosure of which
			 would be detrimental to the best interests of the public.
(2) Specific public records are available for
			 inspection at Commission headquarters during regular business hours.
(3) Any person wishing to obtain copies of
			 specific public records may request same from the Executive Secretary, and upon
			 payment of the cost of copying which cost shall be estimated and set from time
			 to time by resolution of the Commission, will be supplied copies.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.12 - Employment Of Agents, Etc

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may employ investigators, inspectors, attorneys
				and any other agents and employees and assistants as may from time to time be
				necessary, and may use any other means necessary to bring about and maintain a
				rigid administration and enforcement of the Code and these rules.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.13 - Grants And Appropriations

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission is authorized to accept grants from the Federal
				government, its departments and agencies as well as grants and appropriations
				by the State, any county or municipality, or any individual, corporation or
				fund.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.14 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 The Commission may issue declaratory rulings to any person substantially
			 affected by a Rule with respect to the validity of the Rule, or with respect to
			 the applicability to any person, property, or state of facts of any rule or
			 statute enforceable by the Commission, or with respect to the meaning and scope
			 of any order of the Commission. Such rulings shall be issued provided:
(a) The petitioner shows that he/she is
			 substantially affected by the rule in question,
(b) Sufficient facts are supplied in the
			 request to permit the Commission to make a valid determination, and
(c) The request arises from an actual
			 question or controversy.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.15 - Functions And Duties Of The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission shall have the following functions and duties
				together with all powers necessary or convenient for the performance
				thereof:
(1) To study, obtain data,
			 statistics, and information and to make reports concerning the recruitment,
			 selection and training of law enforcement officers in the state and to make
			 improvements in methods of recruitment, selection, and training of law
			 enforcement officers;
(2) To review
			 from time to time the standards described in Section
			 36-21-46 for applicants for and appointees as law enforcement officers;
(3) To consider, hold public hearings on,
			 adopt and promulgate standards relating to the physical, mental and moral
			 fitness of any applicant for or appointee as a law enforcement officer as do
			 not lower the standards in Section
			 36-21-46 or as otherwise permitted by Section
			 36-21-46;
(4) To study, consider, and make reports from
			 time to time concerning the work and the curriculum and courses offered by law
			 enforcement training schools in the State and to make recommendations for
			 improving the schools, curriculum, and courses;
(5) To encourage the establishment of law
			 enforcement training schools and courses on law enforcement in existing
			 institutions of learning;
(6) To
			 gather statistics and data relative to standards and training and make the same
			 available to governmental entities upon request;
(7) To revoke its approval or certification
			 of any person appointed or certified pursuant to this article for failure to
			 meet the continuing training or education requirements set forth in the rules
			 of the commission or for failure to meet the requirements of Section
			 35-21-46;
(8) To make investigation
			 to determine whether the requirements of this article and the rules,
			 regulations and standards of the Commission issued pursuant to this article are
			 being observed and followed;
(9) To
			 enforce this article and the rules, regulations, and standards issued by the
			 commission with appropriate civil and criminal actions by the Attorney General,
			 district attorneys or other appropriate officials;
(10) To enter into cooperative agreements
			 with federal, state and local law enforcement agencies for effective training;
			 and
(11) To obtain the services and
			 advice of experts in the field of law enforcement for the purpose of aiding the
			 Commission in its studies, considerations, reports and recommendations, and the
			 adoption of standards, rules and regulations.
Author:
Alabama Peace Officers Standards and
				Training Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-1 - ORGANIZATION, ADMINISTRATION AND PROCEDURE › Section 650-X-1-.16 - Responsibilities Of Each Law Enforcement Agency

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each law enforcement agency shall have
			 the responsible of seeing that all required forms and necessary information are
			 properly submitted to the Commission in a timely manner.
(2) Each law enforcement agency shall have
			 the responsible of assuring that each of its employees who are law enforcement
			 officers, receive the training required by the
Code of Ala.
			 1975
, Title
			 36-21-40
			 through Title
			 36-21-52
			 or by the rules of the Commission.
(3) Each law enforcement agency shall
			 cooperate with the Commission and its Executive Secretary in carrying out the
			 provisions and responsibilities of the
Code of Ala.
			 1975
, Title
			 36-21-40
			 through Title
			 36-21-52
			 and the rules and regulations of the Commission.
(4) It shall be the responsibility of each
			 law enforcement agency to submit an application to the Commission on the day
			 the applicant is employed.
(5) It
			 shall be the responsibility of each law enforcement agency to submit a notice
			 of employment, within 10 days of employment, to the Commission on any law
			 enforcement officer previously certified by the Commission.
(6) Each law enforcement agency shall file,
			 within 10 days of the termination of a law enforcement officer, a notice of
			 termination form with the Commission.
(7) It shall be the sole responsibility for
			 each law enforcement agency to hire and/or terminate persons as law enforcement
			 officers and not the responsibility, duty or obligation of the
			 Commission.
(8) It shall be the
			 responsibility of each law enforcement agency to conduct a thorough background
			 investigation on each applicant.
Author:
Peace Officers Standards and Training
				Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40 thru
				  36-21-52.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-2 - REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS FOR CERTIFICATION AS LAW ENFORCEMENT OFFICERS › Section 650-X-2-.01 - Training

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this Chapter the term Law Enforcement
				Officer includes Correctional Officers employed by the Alabama Department of
				Corrections.
(1) Each applicant must
			 be gainfully employed as a full-time law enforcement officer by a law
			 enforcement agency at the time of his/her application to the academy.
(a) Full-time employment is defined as 40
			 hours per week or an average of 40 hours per week during the monthly or
			 bi-weekly pay periods of most agencies.
(b) A law enforcement agency employing an
			 applicant working less than 40 hours per week must request in writing a waiver
			 from the Executive Secretary requesting the applicant be allowed to attend an
			 academy.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-2 - REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS FOR CERTIFICATION AS LAW ENFORCEMENT OFFICERS › Section 650-X-2-.02 - Age

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant shall not be less than 19 years
				old.
Author:
R. Alan Benefield, Executive
				  Secretary
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40 et seq.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-2 - REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS FOR CERTIFICATION AS LAW ENFORCEMENT OFFICERS › Section 650-X-2-.03 - Education Requirement

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant shall meet the following education
				requirements:
(1) Possess a valid high
			 school diploma, OR, possess a valid General Educational Development (GED)
			 certificate (On-line, correspondence, or mail order GED certificates are not
			 acceptable) AND possess a valid certification of having passed the Basic
			 Ability Test (BAT) for Law Enforcement Officers or Correctional Officers as
			 approved by the Commission. OR,
(2)
			 Possess an earned Associate's Degree or higher Degree from a College or
			 University accredited by the Southern Association of Colleges and Schools
			 (SACS), or its regional equivalent.
(3) The Basic Ability Test is required of all
			 applicants except those applicants who are already APOSTC certified and who are
			 required to complete Refresher training for reinstatement of their
			 Certification, or those applicants who meet the requirements set forth in
			 preceding paragraph (2).
(4) The
			 applicant shall not engage in conduct that subverts or attempts to subvert the
			 Basic Ability Test process or violate the standards of the Basic Ability Test
			 administration.
(a) The applicant shall not
			 violate the application identification process. Conduct that violates the
			 process is identified as, but not limited to, the following:
1. Falsifying or misrepresenting information
			 required for taking the Basic Ability Test.
2. Impersonating an applicant.
3. Having an impersonator take the Basic
			 Ability Test on one's behalf.
4.
			 Any action on the part of the applicant, agency, or appointing authority which
			 impugns the integrity of the testing process including the reporting of the
			 test results to the Commission.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-2 - REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS FOR CERTIFICATION AS LAW ENFORCEMENT OFFICERS › Section 650-X-2-.05 - Character

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The applicant
			 shall be a person of good moral character and reputation;
(2) Conviction of any felony pursuant to any
			 state or federal law shall be a complete and absolute bar to certification,
			 employment, appointment, or approval as a law enforcement officer.
(a) The existence of a pardon does not
			 nullify a conviction for the purpose of this rule.
(b) An applicant having been convicted,
			 pleaded guilty or nolo contendere to any felony pursuant to state or federal
			 law is not eligible for certification, employment, appointment, or approval as
			 a law enforcement officer, notwithstanding suspension of sentence or
			 withholding of adjudication.
(c)
			 Conviction of any conduct, including by a plea of guilty or nolo contendere, in
			 any other jurisdiction that would have constituted a felony in Alabama and been
			 punishable by a sentence exceeding one year in Alabama shall be a complete and
			 absolute bar to certification, employment, appointment, or approval as a law
			 enforcement officer, notwithstanding suspension of sentence, withholding of
			 adjudication, or the existence of a pardon.
(d) An applicant shall disclose and produce
			 to the Commission, any expunged record of any arrest, regardless of the
			 disposition of the case. For the purpose of certification and regulation of law
			 enforcement and correctional officers the Commission shall have access to any
			 expunged records sealed or archived. An otherwise eligible applicant who has
			 received an expungement of any felony or of any misdemeanor offense involving
			 force violence or moral turpitude is required to submit to a review for
			 eligibility by the Committee on Character and Psychological Evaluations Review
			 prior to appointment as a law enforcement officer.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-2 - REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS FOR CERTIFICATION AS LAW ENFORCEMENT OFFICERS › Section 650-X-2-.06 - Applicants To Be Citizens

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant must be a citizen of The United
				States.
Author:
R. Alan Benefield, Executive
				  Secretary
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40 et seq.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-2 - REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS FOR CERTIFICATION AS LAW ENFORCEMENT OFFICERS › Section 650-X-2-.07 - Discharge From Armed Services

Current through Register Vol. 42, No. 9, June 28, 2024
If an applicant has been a member of the armed forces of The
				United States, each and every discharge must be under honorable conditions, and
				appropriate documentation provided.
Author:
R. Alan Benefield, Executive
				  Secretary
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40 et seq.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-2 - REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS FOR CERTIFICATION AS LAW ENFORCEMENT OFFICERS › Section 650-X-2-.08 - Driver's License

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant must have a valid Driver's
				License.
Author:
R. Alan Benefield, Executive
				  Secretary
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40 et seq.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-2 - REQUIRED STANDARDS FOR APPOINTEES AS LAW ENFORCEMENT OFFICERS AND FOR APPLICANTS FOR CERTIFICATION AS LAW ENFORCEMENT OFFICERS › Section 650-X-2-.09 - Application Package Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each applicant for certification as a law
			 enforcement shall submit a complete application package in the form prescribed
			 by the Commission and provided by the Executive Secretary An incomplete
			 application will not be processed An application which appears to be falsified
			 or contains false information will be denied.
(2) Documentation All documents listed below
			 must be received by the Executive Secretary before an application package will
			 be processed.
(a) Each applicant shall
			 complete an electronic application All required paper documents shall be
			 printed or typewritten All documents must be completed fully Incomplete
			 electronic applications and paper documents will not be processed and will be
			 returned to the employing agency.
(b) Each applicant shall comply with the
			 requirements of Rule 650-X-2-04 Physical Examinations and Psychological
			 Evaluations and shall submit APOST Forms Number 3A and 3B.
(c) Each applicant shall submit an affidavit
			 (APOST Form Number 2) certifying that he/she meets all requirements for
			 employment and certification as a law enforcement officer under the provisions
			 of Title 36-21-46,
Code of Ala
			 1975
.
(d) Each
			 applicant shall submit documents which reflect that the applicant meets all
			 requirements of this chapter.
(e)
			 Each applicant shall submit two APOST ORI fingerprint cards.
(f) Each applicant shall submit a release of
			 information. (APOST Form Number 4).
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-3 - TRAINING ACADEMIES › Section 650-X-3-.01 - Academy Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certification may be issued for an
			 approved academy that offers basic training, and in-service training courses.
			 Certification will continue in effect until surrendered or revoked.
(2) Prior to considering certification, an
			 inspection of the proposed academy shall be conducted by the Commission
			 employees. Such inspection shall include but shall not be limited to the
			 following areas: Administration faculty and facilities. The Executive Secretary
			 shall submit to the Commission the results of inspection with an appropriate
			 recommendation.
(3) The following
			 information will be provided to the Commission:
(a) The request must include the geographical
			 area that will be covered (counties).
(b) The estimated number of students that
			 will be trained in the program.
(c)
			 Proposed method of funding.
(d)
			 Anticipated yearly budget of proposed academy.
(e) Statement as to why basic and advanced
			 training cannot be obtained through existing academies.
(f) Statement of request for basic or
			 advanced training from existing academies that have not been met.
Author:
Peace Officers Standards and Training
				Commission
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-3 - TRAINING ACADEMIES › Section 650-X-3-.02 - Course Of Study (Law Enforcement Officer)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Introduction to Law Enforcement
(2) General Topics
(3) Equipment
(4) Criminal Investigations
(5) Criminal Procedures and Laws of
			 Evidence
(6) Juvenile
			 Procedures
(7) Courts
(8) Patrol Techniques
(9) Traffic Operations
(10) Offensive and Defensive
			 Tactics
(11) Community/News Media
			 Relations
(12) Firearms
			 Training
(13) Examinations
Author:
Peace Officers Standards and Training
				Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-21-46,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-3 - TRAINING ACADEMIES › Section 650-X-3-.03 - Academy Employees

Current through Register Vol. 42, No. 9, June 28, 2024
The employees of each law enforcement academy shall be governed
				by personnel rules and regulations of the academy.
Author:
Peace Officers Standards and Training
				Commission
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-41,
				  36-21-45,
				  36-24-45.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-3 - TRAINING ACADEMIES › Section 650-X-3-.04 - Instructors

Current through Register Vol. 42, No. 9, June 28, 2024
All instructors participating in basic and in-service training
				courses at an approved academy must be certified. Instructor's Certification:
				General, Specific, Legal and Firearms. Instructor certificates are valid three
				years from date of issue.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-4 - CERTIFICATION OF LAW ENFORCEMENT OFFICERS › Section 650-X-4-.02 - Employment Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The applicant must be gainfully employed as a law enforcement
				officer by a law enforcement agency at the time of his/her application to the
				academy. Prior to certification, the applicant shall complete the required
				course of training established by the commission. An applicant may be
				provisionally appointed for a period of six months (180 days). No individual
				may be employed for an additional period until that individual is certified by
				the commission.
Author:
R. Alan Benefield, Executive
				  Secretary
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-4 - CERTIFICATION OF LAW ENFORCEMENT OFFICERS › Section 650-X-4-.03 - Failure To Complete Training

Current through Register Vol. 42, No. 9, June 28, 2024
Should a trainee fail academically, physically, the Firearms
				Manipulation Skills Test, the Defensive Tactics Proficiency Test, or is absent
				for more than 5% of academy training in violation of Rule
				650-X-4-.01(4).
				the hiring agency may request that the trainee be allowed to attend another
				session, provided the trainee is within his/her provisional appointment time
				period. An applicant whose provisional appointment time has not expired is
				eligible for one (1) additional attempt to complete the training academy,
				subject to the employing agency's request. If an applicant fails the academy
				twice, the applicant is ineligible to attend an academy for a period of two (2)
				years from the date of failure of the second academy attempt. If, after two (2)
				years, the applicant is again employed as a law enforcement officer, a new
				application package is required. This does not exempt the applicant from Rule
				650-X-2-.01.
Author:
R. Alan Benefield, Executive
				  Secretary
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-4 - CERTIFICATION OF LAW ENFORCEMENT OFFICERS › Section 650-X-4-.04 - Withdrawal From Academy Class

Current through Register Vol. 42, No. 9, June 28, 2024
A trainee who withdraws from the academy when failing any part
				of the curriculum is deemed to have failed the academy training
				course.
Author:
R. Alan Benefield, Executive
				  Secretary
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.
Alabama Administrative Code › Title 650 - ALABAMA PEACE OFFICERS › Chapter 650-X-4 - CERTIFICATION OF LAW ENFORCEMENT OFFICERS › Section 650-X-4-.05 - Disciplinary Dismissal Or Withdrawal From An Academy Class

Current through Register Vol. 42, No. 9, June 28, 2024
A trainee who is dismissed or withdraws from any academy class
				due to alleged criminal acts, violation of Academy Rules and Regulations or
				violations of Commission Rules is barred from certification and may not be
				appointed or employed as a law enforcement officer or correctional officer. The
				provisional appointment of a trainee who is dismissed in accordance with this
				Rule is deemed terminated upon the date of his/her dismissal from the
				academy.
New Rule .05 is added and previous .05 is renumbered .06 per
				  certification published August 31, 2022; effective October 15,
				  2022.
Author:
R. Alan Benefield, Executive
				  Secretary
Statutory Authority:
Code of Ala.
				  1975
, §§
										36-21-40,
				  36-21-51.