reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 20 - Polygraph › Section 502 KAR 20:030 - Trainees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 329.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 329.030(4)
				provide that the Secretary of the Justice Cabinet may establish such rules and
				administrative regulations for detection of deception trainees during their
				internship and insure that the trainee meets adequate professional standards.
				This administrative regulation establishes the requirements for detection of
				deception trainees.
Section 1. Before a
			 trainee may begin an intern program, he must:
(1) Be licensed as a trainee detection of
			 deception examiner in this state;
(2) File with the cabinet the name and
			 identifying information of his internship supervisor;
(3) File with the cabinet a written statement
			 from his supervisor agreeing to undertake the responsibilities for such
			 training and agreeing to abide by administrative regulations adopted by the
			 cabinet; and
(4) Obtain the
			 cabinet's permission to begin the intern program under the control of the
			 proposed superior.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 30 - Criminal History Record Information System › Section 502 KAR 30:010 - Definitions for 502 KAR Chapter 30

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15A.160,
				17.140
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				17.140(1) requires a
				centralized criminal history record information system to be established in the
				Justice and Public Safety Cabinet under the direction, control, and supervision
				of the commissioner of the Department of Kentucky State Police.
				KRS
				15A.160 authorizes the secretary of the
				Justice and Public Safety Cabinet to adopt administrative regulations to
				administer the cabinet.
				KRS
				17.150(6) requires the
				secretary of the Justice and Public Safety Cabinet to adopt administrative
				regulations necessary to carry out the provisions of the centralized criminal
				history record information system and insure the accuracy of criminal history
				record information being reported to the system. This administrative regulation
				establishes the definitions to be used in the administration of the centralized
				criminal history record information system.
Section
			 1. Definitions.
(1)
			 "Administration of criminal justice":
(a)
			 Means performance of the following activities: detection, apprehension,
			 detention, pretrial release, post-trial release, prosecution, adjudication,
			 correctional supervision, or rehabilitation of accused persons or criminal
			 offenders; and
(b) Includes
			 criminal identification activities and dissemination of CHRI.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 30 - Criminal History Record Information System › Section 502 KAR 30:020 - Arrest and disposition reporting procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.110,
				17.115,
				17.140
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				17.140(1) requires a
				centralized criminal history record information system to be established in the
				Justice and Public Safety Cabinet under the direction, control, and supervision
				of the commissioner of the Department of Kentucky State Police.
				KRS
				17.110(1) requires all city
				and county law enforcement agencies submit to the Justice and Public Safety
				Cabinet, Department of Kentucky State Police, photographs, a set of
				fingerprints, and a description report of the offense on all persons arrested.
				KRS
				17.115(2) requires persons
				in charge of any penal or correctional institution to provide the cabinet with
				fingerprints and descriptions on all persons committed to their custody or
				detained by them on cases where fingerprints and descriptions are taken,
				together with a report of the disposition.
				KRS
				15A.160 authorizes the secretary of the
				cabinet to adopt administrative regulations to administer the cabinet.
				KRS
				17.150(6) requires the
				secretary of the cabinet to adopt administrative regulations necessary to carry
				out the provisions of the centralized criminal history record information
				system and insure the accuracy of criminal history record information being
				reported to the system. This administrative regulation establishes arrest and
				disposition reporting procedures.
Section
			 1. Offense Reporting Procedure. Law enforcement and criminal
			 justice agencies shall cooperate with the Criminal Identification and Records
			 Branch by complying with the use of a "unique numbering system" to allow court
			 disposition tracing. The "unique numbering system" shall be accomplished by the
			 issuance of a Uniform Citation with every arrest as it relates to this
			 administrative regulation subject to an agreement with the Chief Justice of the
			 Supreme Court of Kentucky as set out in Section 2(2) of this administrative
			 regulation.
Section 2. Disposition
			 Reporting Procedures.
(1) Dispositions shall
			 be submitted from each city and county law enforcement agency to the Criminal
			 Identification and Records Branch.
(2) Upon suitable written agreement with the
			 Chief Justice of the Kentucky Supreme Court and the secretary of the Justice
			 and Public Safety Cabinet, a unique tracking number shall be assigned to each
			 offender at the time of arrest. This unique number shall be utilized throughout
			 the movement of the offender through the criminal justice system, thereby
			 enabling the Administrative Office of the Courts to provide a system compatible
			 format to the Criminal Identification and Records Branch for automatic update
			 of court dispositions in the CHRI files.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 30 - Criminal History Record Information System › Section 502 KAR 30:030 - Audit of Criminal History Record Information System

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.140,
				17.150,
				28
				C.F.R. 20.21(e)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				17.140(1) requires a
				centralized criminal history record information system to be established in the
				Justice and Public Safety Cabinet under the direction, control, and supervision
				of the commissioner of the Department of Kentucky State Police.
				KRS
				15A.160 authorizes the secretary of the
				Justice and Public Safety Cabinet to adopt administrative regulations to
				administer the cabinet.
				KRS
				17.150(6) requires the
				secretary of the Justice and Public Safety Cabinet to adopt administrative
				regulations necessary to carry out the provisions of the centralized criminal
				history record information system and insure the accuracy of criminal history
				record information being reported to the system. This administrative regulation
				establishes the requirements for audits of the centralized criminal history
				record information system and law enforcement and criminal justice agencies
				that submit or receive criminal history record information to or from the
				centralized criminal history record information system.
Section 1. The Criminal Identification and
			 Records Branch shall annually conduct an in-house audit of a random
			 representative sample of hard copy data contained in the centralized Criminal
			 History Record Information System. The scope of the audit shall include:
(1) Adherence to federal and state
			 administrative regulations;
(2)
			 Completeness and accuracy of CHRI;
(3) CHRI dissemination procedures;
(4) Security; and
(5) Compliance with mandated access and
			 review procedures. The audit shall be conducted in accordance with guidelines
			 set out in
			 28
			 C.F.R. 20.21(e). A report of
			 the audit findings shall be submitted by the administrative head of the
			 Criminal Identification and Records Branch to the commissioner, Department of
			 Kentucky State Police and the secretary of the Justice and Public Safety
			 Cabinet on or before January 10 of each year.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 30 - Criminal History Record Information System › Section 502 KAR 30:060 - Dissemination of criminal history record information

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				11.160(1)(e),
				11.160(2)(e),
				15.540,
				17.115,
				17.140,
				17.147,
				17.151,
				17.152,
				17.160,
				17.167(4),
				237.110(7),
				311A.100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				17.115 requires the Justice and Public Safety
				Cabinet to cooperate with the state, county and city law enforcing agencies of
				other states and of the United States in order to develop and carry on an
				interstate and national system of criminal identification.
				KRS
				17.147(6) requires the
				Department of Kentucky State Police to supply data, at their request, to
				participating federal bureaus, departments, or criminal justice agencies
				engaged in the administration of criminal justice programs.
				KRS
				17.150(6) requires the
				Secretary of the Justice and Public Safety Cabinet to adopt administrative
				regulations to carry out the provisions of the criminal history record
				information system. This administrative regulation establishes the conditions
				required for the dissemination of data from the criminal history record
				information system.
Section 1.
			 Dissemination of Criminal History Record Information (CHRI). Use of CHRI
			 disseminated to noncriminal justice agencies shall be limited. An agency or
			 individual shall not confirm the existence or nonexistence of CHRI to any
			 person or agency that would not be eligible to receive the information itself.
			 CHRI shall include:
(1) Nonconviction data.
			 Dissemination of nonconviction data shall not include files available for
			 access by an open records request. The dissemination of nonconviction data
			 shall be limited, directly or through an intermediary, to:
(a) Criminal justice agencies for purposes of
			 the administration of criminal justice and criminal justice agency
			 employment;
(b) Individuals and
			 agencies for any purpose authorized by statute, ordinance, executive order, or
			 court order, as determined by the General Counsel of the Justice and Public
			 Safety Cabinet;
(c) Individuals and
			 agencies pursuant to a specific agreement with the Department of Kentucky State
			 Police, to provide services required for the administration of criminal justice
			 pursuant to that agreement; and
(d)
			 Individuals and agencies for the express purpose of evaluation research, or
			 statistical activities pursuant to an agreement with the Criminal
			 Identification and Records Branch of the Kentucky State Police. The agreement
			 shall:
1. Limit the use of data to evaluation,
			 research, or statistical purposes;
2. Insure the confidentiality and security of
			 the data consistent with these administrative regulations; and
3. Provide sanctions for violations of the
			 agreement.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 30 - Criminal History Record Information System › Section 502 KAR 30:070 - Inspection of criminal history record information by record subject

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				17.140,
				17.150,
				61.872,
				61.878,
				61.884
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				17.150(6) requires the
				secretary of the Justice and Public Safety Cabinet to promulgate administrative
				regulations necessary to implement the criminal history record information
				system. This administrative regulation establishes procedures by which CHRI may
				be reviewed and challenged by the individual record subject.
Section 1. Access and Review Procedures.
(1) The record subject of CHRI maintained by
			 the department may review CHRI about the record subject and initiate a
			 challenge to the CHRI through the Criminal Identification and Records
			 Branch.
(2) To review CHRI, the
			 record subject shall provide to the Criminal Identification and Records Branch
			 at 1266 Louisville Road, Frankfort, Kentucky 40601:
(a) A completed Criminal History Information
			 Review Request, KSP 309;
(b) One
			 (1) set of rolled fingerprints to be used to verify the record subject's
			 identity; and
(c) A check or money
			 order made payable to the Kentucky State Treasurer in the amount of twenty (20)
			 dollars.
(3) The
			 Criminal Identification and Records Branch staff shall:
(a) Note the date the request is received on
			 the KSP 309; and
(b) Within five
			 (5) working days of the receipt of the request:
1. Mail the criminal history records to the
			 requestor if requested; or
2.
			 Schedule the record review. If a review is scheduled, the requester shall be
			 notified of the scheduled date and time of review in writing.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 31 - Sex Offender Registration System › Section 502 KAR 31:020 - Sex Offender Registration System

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.500-17.540,  42 U.S.C. 14071
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.510 requires the
				Justice and Public Safety Cabinet to develop and implement a Sex Offender
				Registration System. This administrative regulation establishes the
				definitions, defines the processes, and establishes the forms necessary for the
				administration of the Sex Offender Registration System.
Section 1. Definitions.
(1) "Authorizing Official" means an official
			 identified in KRS 17.510(3), (4), and (5).
(2) "Department" means the Department of
			 Kentucky State Police.
(3) "LINK"
			 means the Law Information Network of Kentucky.
(4) "NCIC" means the National Crime
			 Information Center.
(5)
			 "Registrant" is defined by KRS 17.500(5).
(6) "Registrant information" means the
			 specific information set forth in KRS 17.500(6), as well as the name and
			 address of any place where the registrant is a student.
(7) "SOR" means the Sex Offender
			 Registry.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 35 - Kentucky Missing Child Information Center › Section 502 KAR 35:010 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.450, 17.460
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 17.080
				provide that the Secretary of Justice may adopt such administrative regulations
				that are necessary to properly administer the cabinet. KRS 17.450 establishes
				the Kentucky Missing Child Information Center. This administrative regulation
				establishes the definitions to be used in the administration of the Kentucky
				Missing Child Information Center.
Section
			 1. As employed in  502 KAR 35:010 through  502 KAR 35:050, unless
			 the context requires otherwise:
(1) "Kentucky
			 Missing Child Information Center" means a system including equipment,
			 facilities, procedures, agreements and organizations thereof, for the
			 collection, processing, and subsequent dissemination of information related to
			 missing children.
(2) "Missing
			 child information," hereafter referred to as MCI, is reported to and preserved
			 in the Kentucky Missing Child Information Center. MCI shall be inclusive of,
			 but not limited to all information as listed on the Kentucky Missing Persons
			 Report Form.
(3) "Kentucky Missing
			 Persons Report Form" means the form furnished to all requesters by the Kentucky
			 State Police for the purpose of obtaining personal identifiers,
			 characteristics, habits and actions for use in the entry of information in the
			 Kentucky Missing Child Information Center.
(4) "Law enforcement agency" means a
			 full-time governmental agency or any subunit thereof which is charged with the
			 responsibility of the detection and prevention of crime, apprehension of
			 criminals, the maintaining of law and order throughout the respective
			 jurisdiction, to collect, classify and maintain information useful for the
			 detection of crime and the identification, apprehension and conviction of
			 criminals and to enforce laws within that respective governmental
			 jurisdiction.
(5) "Child" means any
			 person under eighteen (18) years of age or any persons certified or known to be
			 mentally incompetent or disabled.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 35 - Kentucky Missing Child Information Center › Section 502 KAR 35:020 - Capabilities of the Missing Child Information Center computer system

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.450, 17.460
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.080 authorizes the
				Secretary of Justice to institute rules and administrative regulations and
				direct proceedings and actions for administration of laws and functions that
				are vested in the Justice Cabinet. KRS 17.450 establishes, in the Justice
				Cabinet, a Kentucky Missing Child Information Center. As defined in  502 KAR 35:010(1), the Kentucky Missing Child Information Center shall act as a central
				repository of and a clearing house for information with regard to those
				Kentucky related children believed to be missing. This administrative
				regulation sets specific computer program standards and information submission
				guidelines for the Kentucky Missing Child Information Center.
Section 1. The Kentucky Missing Child
			 Information Center shall maintain a system capable of accepting and initiating
			 the capture, retention, and subsequent dissemination of information relating to
			 missing children from Kentucky and missing children believed to be located in
			 Kentucky.
Section 2. The Kentucky
			 Missing Child Information Center shall be located within the Kentucky State
			 Police for administrative purposes.
Section
			 3. The system shall be developed that will at a minimum be capable
			 of the retrieval of missing child information by name, description, date of
			 birth, Social Security number, fingerprint class, body marks, known associates
			 and the associate's locations. The system shall also be developed to insure the
			 ability to provide statistical data associated with the Kentucky Missing Child
			 Information Center.
STATUTORY AUTHORITY: KRS 15A.060 17.080,
				  17.450
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 35 - Kentucky Missing Child Information Center › Section 502 KAR 35:050 - Statistical analysis of information related to missing children

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 17.450, 17.460
NECESSITY, FUNCTION, AND CONFORMITY: KRS 17.080 provides that
				the Secretary of Justice may adopt such rules and administrative regulations as
				are necessary to properly administer the cabinet. KRS 17.450 provides that the
				Secretary of Justice further issue administrative regulations which will
				provide for the functioning of the Kentucky Missing Child Information Center.
				KRS 17.450 requires that the Kentucky Missing Child Information Center annually
				report statistical information with regard to the numbers of children missing
				from or believed missing in the Commonwealth of Kentucky. This administrative
				regulation establishes rules and administrative regulations with regard to the
				furnishing of said statistical data.
Section
			 1. Annual Report Required. On or before July 1 of each year, a
			 written report shall be provided to the Secretary of Justice that will include
			 statistical information with regard to missing children in the Commonwealth of
			 Kentucky.
Section 2. Law
			 Enforcement Agency Assistance Required. The Kentucky Missing Child Information
			 Center may require additional assistance from all law enforcement agencies with
			 regard to the development of the statistical data report as outlined in Section
			 1 of this administrative regulation. Said assistance shall be inclusive of but
			 not limited to in-depth case analysis with regard to a specific missing child
			 incident, overall trends within a given geographical or jurisdictional area,
			 and an in-depth missing child recovery trend analysis a well as the agency's
			 methodology for finding and returning missing children.
STATUTORY AUTHORITY: KRS 15A.160, 17.080, 17.450,
				  17.460
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 40 - Law Information Network of Kentucky › Section 502 KAR 40:020 - Agreements for the legal exchange of criminal justice information

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.060, 16.130
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16:060 mandates that
				the Commission of the Department of State Police shall collect, classify and
				maintain information useful for the detection of crime and the identification,
				apprehension and conviction of criminals. KRS 16.130 provides that the
				commissioner shall cooperate and exchange information with any other department
				or agency of this Commonwealth, or with other police forces, both within and
				without this Commonwealth and with the federal government.
Section 1. Criminal Justice Information
			 Exchange Agreements Where the Kentucky State Police is Designated as the User
			 Agency. The Commissioner of the Department of State Police may at the
			 discretion of the commissioner, enter into agreements with federal, state,
			 local or any other agency or entity as he deems fit, for the purpose of having
			 receiving and/or submitting criminal justice information to criminal justice
			 information systems as covered in the respective agreement. Further, pursuant
			 to mandates as designated in the respective criminal justice agreements, the
			 commissioner shall insure that all provisions listed in said agreements are
			 followed by the Department of State Police or any and all criminal justice
			 agencies within the Commonwealth having access to that respective criminal
			 justice information system.
Section
			 2. Criminal Justice Information Exchange Agreements Whereby the
			 Department of State Police is Designated as the System Control Agency. The
			 commissioner shall develop and institute Criminal Justice Information Exchange
			 Agreements with criminal justice terminal agencies within the Commonwealth
			 prior to the exchange of any criminal justice information.
STATUTORY AUTHORITY: KRS 16.060,
				  16.130
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:005 - Definitions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.040, 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 requires the
				Commissioner of State Police to prescribe minimum physical requirements for
				persons appointed as state police officers, and to conduct tests to determine
				the fitness and qualifications of applicants. KRS 16.080 authorizes the
				commissioner to adopt administrative regulations for the enlistment of
				officers. KRS 16.050 requires the State Police Personnel Board to adopt
				administrative regulations to provide for competitive examination as to the
				fitness of applicants for employment as officers, and for the establishment of
				eligible lists for employment based upon competitive examination. This
				administrative regulation establishes the definitions to be used in the
				administrative regulations concerning the selection process.
Section 1. Definitions.
(1) "Applicant" means a fully-qualified
			 person as contemplated in KRS 16.040 who submits an employment application for
			 the position of cadet trooper and who participates in the selection
			 process.
(2) "Appointment" means
			 selection by the commissioner of a cadet trooper for employment as an officer,
			 upon successful completion of basic training at the Kentucky State Police
			 Academy.
(3) "Cadet trooper" means
			 an applicant for employment as an officer who is selected by the commissioner
			 to attend the Kentucky State Police Academy and conditionally employed as a
			 trainee.
(4) "Candidate" means an
			 applicant for employment who has successfully completed all phases of the
			 selection process and whose name has been placed on the register.
(5) "Content Based Task Test (CBTT)" means
			 the physical fitness test consisting of simulated essential job tasks, used to
			 determine if applicants can perform the essential job tasks required during
			 basic training at the Kentucky State Police Academy.
(6) "Register" means the list of persons
			 eligible for selection as a cadet trooper.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:025 - Disqualification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.040, 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 requires the
				Commissioner of State Police to prescribe minimum physical requirements for
				persons appointed as state police officers, and to conduct tests to determine
				the fitness and qualifications of applicants. KRS 16.080 authorizes the
				commissioner to adopt administrative regulations for the enlistment of
				officers. KRS 16.050 requires the State Police Personnel Board to adopt
				administrative regulations to provide for competitive examination as to the
				fitness of applicants for employment as officers, and for the establishment of
				eligible lists for employment based upon competitive examination. This
				administrative regulation establishes the grounds for disqualification from
				competition in the process.
Section 1.
			 Applicants shall be disqualified from further participation in the selection
			 process or removed from the register if it is determined that:
(1) An applicant does not meet any one (1) of
			 the qualifications for appointment as an officer;
(2) An applicant has made a false statement
			 of material fact on the application, or in response to any questions or
			 requests for information during the selection process;
(3) An applicant has used or attempted to use
			 political influence, coercion or bribery to secure an advantage in any phase of
			 the selection process;
(4) An
			 applicant has cheated during the course of any examination required during the
			 selection process, or has attempted to gain an advantage over other applicants
			 by any dishonest or intentionally misleading act or omission;
(5) An applicant has failed to comply with
			 any instructions from the department relating to the selection
			 process;
(6) An applicant has been
			 dismissed for cause from any public agency, or has resigned while charges of
			 misconduct were pending;
(7) An
			 applicant has been convicted of a felony or any crime of moral
			 turpitude;
(8) An applicant is a
			 current user of a controlled substance, unless prescribed by a
			 physician;
(9) An applicant is
			 addicted to or is a habitual user of any controlled substance or
			 intoxicant;
(10) An applicant has
			 more than six (6) driver demerit points against his operator's
			 license;
(11) An applicant tests
			 positive for an unlawful controlled substance as determined by a blood or urine
			 analysis; or
(12) An applicant has
			 tattoos that can be seen when the applicant wears a Kentucky State Police
			 summer uniform shirt, which the Kentucky State Police will make available for
			 the applicant to try on when the applicant takes the written
			 examination.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:035 - Application and selection process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.040, 16.050(7), 16.080(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040, 16.050(7) and
				16.080(1) grant the Commissioner of the Kentucky State Police the authority to
				establish criteria for the appointment of department officers. This
				administrative regulation establishes eligibility requirements for applicants
				and the application form to be submitted by applicants.
Section 1. Eligibility Requirements for
			 Testing. An applicant shall be eligible to take the written examination
			 established by  502 KAR 45:045 and, if otherwise eligible, the Content Based
			 Task Test established by  502 KAR 45:150 and the oral interview established by
			  502 KAR 45:055 if the applicant:
(1) Meets the
			 requirements established by KRS 16.040(2)(b), (c) and (d);
(2) Is at least twenty-one (21) years of age;
			 and
(3) Possesses a valid driver's
			 license against which not more than six (6) points are currently
			 assessed.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:045 - Written examination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.050, 16.080(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 and 16.080(1)
				require the establishment of open competitive examination of applicants for
				employment as troopers. This administrative regulation establishes the criteria
				for the written examination.
Section 1.
			 The written examination shall be:
(1)
			 Practical in nature; and
(2)
			 Designed and constructed to reveal the capacity of the applicant for employment
			 as a sworn officer of the department.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:055 - Oral interview

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 requires the
				State Police Personnel Board to establish open competitive examination of
				applicants for employment as officers. This administrative regulation
				establishes the oral interview component of the examination.
Section 1.
(1) Eligibility for the oral interview shall
			 be determined by the commissioner.
(2) Except as provided by subsection (3) of
			 this section, eligibility for the oral interview shall be based upon:
(a) An applicant's score on the Content Based
			 Task Test; and
(b) The number of
			 positions required to be filled.
(3) The commissioner may deviate from the
			 order of Content Based Task Test score if a manifest imbalance of minorities or
			 women exists in the pool of qualified applicants or in the department.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:065 - Background investigation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 and 16.050
				direct the Commissioner of the Department of State Police and the State Police
				Personnel Board to assure the fitness of candidates for employment. This
				administrative regulation establishes a background investigation as a component
				of the selection process.
Section 1. An
			 appropriate number of applicants who have completed the written examination,
			 the CBTT, and the oral interview and who have requested to remain in the
			 selection process shall be required to submit to a background investigation
			 which may include a polygraph examination.
Section 2. Background investigations shall be
			 conducted by individuals selected by the commissioner. Applicants who have
			 lived in another state shall be investigated by an appropriate law enforcement
			 agency in that state, at the request of the commissioner. Applicants shall not
			 be considered for employment until the background investigation is completed.
			 Reports of all background investigations shall remain confidential and shall be
			 filed in headquarters.
Section 3.
			 Background investigators may discontinue an investigation and recommend
			 disqualification or deferral when the investigation reveals facts or
			 circumstances which constitute grounds for disqualification or
			 deferral.
Section 4. Background
			 investigators may express opinions about the suitability of applicants for
			 employment, but their opinions shall be expressed in writing and supported by
			 specific factual reasons. The commissioner may give such weight to an opinion
			 by an investigator as he deems appropriate.
Section 5. All reports of background
			 investigations shall be confidential. Information obtained as a result of a
			 background investigation shall not be disseminated. Reports of background
			 investigations shall be filed at Kentucky State Police Headquarters in a secure
			 file to which only the commissioner or persons specifically designated by the
			 commissioner shall have access.
STATUTORY AUTHORITY: KRS 16.050,
				  16.080
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:075 - Register

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 requires the
				State Police Personnel Board to promulgate administrative regulations which
				include provisions for the establishment of eligibility lists as a result of
				competitive examinations, from which lists vacancies shall be filled. This
				administrative regulation establishes a register for the employment of cadet
				troopers.
Section 1.
(1) The commissioner shall determine the
			 number of cadet trooper positions required to be filled.
(2) The commissioner shall base his
			 determination upon:
(a) The needs of the
			 department;
(b) Projected
			 attrition; and
(c) Authorized
			 strength levels.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:085 - Medical examination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.040
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 provides that
				officers must be in good health and directs the commissioner to prescribe
				minimum physical requirements for appointment and to conduct tests and require
				physical examinations to determine the fitness of each applicant. This
				administrative regulation establishes the tests and examinations which are to
				be conducted.
Section 1. Applicants
			 selected to be cadet troopers and offered probationary employment as trainees
			 shall be required to submit to medical examinations to determine fitness to
			 safely perform essential job tasks with or without reasonable accommodation.
			 The medical examination shall be conducted after an offer of employment is made
			 but before applicants report for training. The offer of employment shall be
			 conditioned upon successful completion of the medical examination.
Section 2. Medical examinations shall be
			 conducted by physicians selected by the department. The examinations shall
			 include hearing and visual examinations, and a determination as to whether the
			 applicant is color blind. The physicians shall render opinions to the
			 department as to whether applicants who have been offered employment are
			 physically fit to safely perform essential job tasks, with or without
			 reasonable accommodation, and as to whether applicants have any medical
			 condition which, during the performance of duty as a state trooper, and with or
			 without reasonable accommodation, would endanger the applicant or
			 others.
Section 3. As part of the
			 medical examination, applicants shall be required to provide complete medical
			 history information and to answer questions related to the examination.
			 Information and records related to the medical examinations shall be
			 confidential and retained in a file separate from the applicants personnel
			 file.
Section 4. The medical
			 examination may include tests conducted by an occupational therapist under the
			 direction of the examining physician, if necessary to determine an applicant's
			 ability to safely perform essential job tasks with or without reasonable
			 accommodation.
STATUTORY AUTHORITY: KRS 16.040,
				  16.080
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:095 - Psychological assessment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.040, 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 and 16.050
				require the Commissioner of the Department of State Police and the State Police
				Personnel Board to assure the fitness of candidates for employment as officers.
				This administrative regulation establishes a psychological assessment.
Section 1. An applicant selected to be a
			 cadet trooper and offered probationary employment as a trainee shall be
			 required to submit to a psychological assessment, which shall be conducted
			 after an offer of employment is made but prior to completion of training.
			 Continued employment shall be conditioned upon successful completion of the
			 psychological assessment.
Section
			 2. The psychological assessment shall be conducted by a
			 psychologist selected by the department. The psychologist shall render an
			 opinion to the department as to whether an applicant who has been offered
			 employment is psychologically fit to safely perform the essential job tasks of
			 an offer with or without reasonable accommodation, and as to whether an
			 applicant has any psychological condition which, during the performance of duty
			 as a state trooper, and with or without reasonable accommodation, would
			 endanger the applicant or others.
Section
			 3. Records related to the psychological assessment shall be
			 confidential.
STATUTORY AUTHORITY: KRS 16.050,
				  16.080
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:105 - Appointment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 authorizes the
				Commissioner of the Department of State Police to appoint persons as officers
				as necessary for the efficient administration of the department. KRS 16.050
				directs appointments to vacancies to be made from lists of eligibles. This
				administrative regulation establishes the method of appointment.
Section 1. The commissioner in his discretion
			 shall determine, based on the needs of the department, projected attrition, and
			 authorized strength levels, the number of candidates to be offered employment
			 as cadet troopers. This offer of employment shall be subject to the condition
			 that the candidate submits to a medical and psychological examination and is
			 found fit to perform safely the essential job tasks of an officer, with or
			 without reasonable accommodation.
Section
			 2. Candidates who are offered employment as cadet troopers shall
			 be required to undergo training at the Kentucky State Police Academy prior to
			 appointment as officers. During the training period, a cadet trooper may be
			 dismissed at any time, with or without cause.
Section 3. Cadet troopers who successfully
			 complete academy training shall be appointed as officers and given the
			 constitutional oath of office. Officers shall be on probation for a period of
			 one (1) year from and after the date of appointment, and may be dismissed from
			 employment at any time during the probationary period, with or without cause,
			 pursuant to KRS 16.140(11).
STATUTORY AUTHORITY: KRS 16.050,
				  16.080
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:115 - Appeals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.050
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.050 directs that
				the State Police Personnel Board shall hear appeals from applicants. This
				administrative regulation establishes the procedure for appeals.
Section 1. Applicants who are disqualified or
			 deferred and who believe that the disqualification or deferral was unlawful or
			 that they have been discriminated against because of their race, religion, sex,
			 age, disability, ethnic origin or political affiliation may initiate an appeal
			 to the board by filing a statement of appeal in the office of the
			 commissioner.
Section 2. The
			 statement of appeal shall be in writing and shall be dated, signed, and sworn.
			 It shall set forth with particularity the specific acts or omissions that are
			 alleged to be discriminatory or otherwise unlawful. The statement of appeal
			 shall be filed within thirty (30) days of the date of the act or omission which
			 forms the basis for the appeal, or, if more than thirty (30) days have elapsed,
			 within ten (10) days of the date that the applicant received notice or first
			 became aware of the act or omission, if no notice was given.
Section 3. Within thirty (30) days of the
			 receipt of the statement of appeal by the commissioner, legal counsel for the
			 department shall file a response which shall be served upon the applicant
			 appellant. No later than sixty (60) days thereafter, the board shall consider
			 the statement of appeal and the response. The board may rule upon the appeal
			 based upon the statement of appeal and response, or in its discretion may order
			 a hearing, with at least ten (10) days prior notice to the applicant appellant.
			 Appellant applicant may elect to waive, in writing, the ten (10) day notice
			 requirement.
Section 4. The board
			 in its discretion may employ hearing officers who are attorneys to conduct the
			 hearings and make advisory findings of fact, conclusions of law and
			 recommendations. At the hearing, the board shall not be bound by rules of
			 order, evidence, or procedure except as it may itself establish.
Section 5. The board shall render a decision
			 within six (6) months of the date of filing of the statement of appeal, and
			 shall enter an order which sets forth the appropriate relief.
STATUTORY AUTHORITY: KRS 16.050
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 45 - Candidate Selection › Section 502 KAR 45:150 - Content Based Task Test (CBTT)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 16.040
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.040 requires that
				persons appointed as officers be physically able to safely perform essential
				job tasks. This administrative regulation establishes the procedure to
				determine if the applicants are capable of performing the essential job tasks
				of an officer during basic cadet training.
Section
			 1. An applicant who has successfully completed the written
			 examination shall take the Content Based Task Test.
Section 2.
(1) The Content Based Task Test shall be
			 validated by an independent outside source with expertise in law enforcement
			 training or employee selection.
(2)
			 The Content Based Task Test shall consist of tasks simulating the essential job
			 tasks troopers are required to perform.
Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 47 - Methamphetamine Contamination Investigation Reporting › Section 502 KAR 47:010 - Methamphetamine

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 218A.1431, 224.1-010-410, 224.99-010
NECESSITY, FUNCTION, AND CONFORMITY: KRS 224.1-010-410 requires
				the Department of Kentucky State Police to promulgate administrative
				regulations establishing a method for assessing properties when an officer has
				evidence that methamphetamine has been manufactured at a property. This
				administrative regulation establishes the method by which the Kentucky State
				Police shall notify the Energy and Environment Cabinet and the Cabinet for
				Health and Family Services that a property contains potentially hazardous
				materials resulting from the manufacture of methamphetamine.
Section 1. Reporting. Officers conducting a
			 criminal investigation occurring at a property in which a suspect has
			 manufactured methamphetamine shall complete and submit the Energy and
			 Environment Cabinet's Clandestine Drug Lab Preliminary Assessment Tier
			 Selection Criteria form DEP 1016, incorporated by reference in  401 KAR 101:030.
(1) This form shall not be part of the
			 officer's criminal investigation file and is not a Department of Kentucky State
			 Police form.
(2) Neither the form
			 nor information derived solely from the form shall be used for investigative
			 purposes.
Kentucky Administrative Regulations › Title 503 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CRIMINAL JUSTICE TRAINING › Chapter 1 - Kentucky Law Enforcement Council › Section 503 KAR 1:070 - Training: qualifications; application

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				15.330(1)(c),
				15.440
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.330(1)(c) authorizes the
				Kentucky Law Enforcement Council to prescribe qualifications for attendance at
				schools certified by the council to conduct those law enforcement training
				courses required by
				KRS
				15.440 for police officers in order for them
				to gain or retain eligibility to participate in the Law Enforcement Foundation
				Program Fund. This administrative regulation establishes qualifications for
				attending law enforcement courses at certified schools and procedures to be
				followed in applying for admission to a course.
Section 1. Admission Qualifications. A
			 certified school may decide what persons are qualified to enroll in its
			 courses. Only a police officer, as defined in
			 KRS
			 15.420(2), shall gain or
			 retain eligibility to participate in the fund by completing a course at a
			 certified or recognized school.
Section
			 2. Falsification of Application. Knowing or willful falsification
			 of an application to a council-approved course shall be justification for
			 denying admission to the course.
STATUTORY AUTHORITY:
				  KRS 15.330(1)(c),
				  (h)
Kentucky Administrative Regulations › Title 503 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF CRIMINAL JUSTICE TRAINING › Chapter 1 - Kentucky Law Enforcement Council › Section 503 KAR 1:080 - Certification of schools

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 15.330(1)(a),
				(e), (g)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				15.330(1)(a) authorizes the
				Kentucky Law Enforcement Council to prescribe standards for approval and
				continuation of approval of schools which conduct law enforcement training
				courses required under
				KRS
				15.310 to
				15.510 and
				15.990 to
				15.992.
				KRS
				15.330(1)(e) authorizes the
				council to issue certificates to a law enforcement training school. This
				administrative regulation establishes standards and procedures for approval and
				certification.
Section 1. Application
			 Procedures.
(1) Any agency, group, or
			 individual may apply to the council to establish:
(a) A certified basic training
			 school;
(b) A certified in-service
			 training school; or
(c)
			 Both.