Bill Text: IN HB1193 | 2010 | Regular Session | Amended
Bill Title: Juvenile, education, and law enforcement matters.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Effective 07/01/2010 [HB1193 Detail]
Download: Indiana-2010-HB1193-Amended.html
Citations Affected: IC 5-2; IC 20-26; IC 20-34.
Synopsis: Juvenile, education, and law enforcement matters. Creates
the law enforcement, school policing, and youth work group (work
group) to be staffed and administered by the criminal justice institute.
Requires the work group to study and make specific recommendations
concerning law enforcement, school policing, and youth. Requires the
law enforcement training board (board) to include minimum basic
training on interacting with juveniles. Provides that a security guard
employed by a school corporation may not carry a firearm on school
corporation property unless the security guard has received specific
training. Requires the board to offer certain training for security guards
employed by school corporations. Requires certain law enforcement
officers to receive continuing education concerning interacting with
juveniles and de-escalation techniques appropriate for youth. Requires
each school corporation to annually submit a report to the department
of education (department) concerning: (1) student arrests; (2) the use
of school corporation police departments and security guards; and (3)
whether the school corporation has an agreement with a law
enforcement agency concerning arresting students on school
corporation property. Requires the department of education to
summarize the school corporations' reports and to submit the summary
to the legislative council and the education roundtable. Requires the
department of education to post the reports on its web site.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Judiciary.
January 13, 2010, amended, reported _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
(1) Minimum standards of physical, educational, mental, and moral fitness which shall govern the acceptance of any person for training by any law enforcement training school or academy meeting or exceeding the minimum standards established pursuant to this chapter.
(2) Minimum standards for law enforcement training schools administered by towns, cities, counties, law enforcement training centers, agencies, or departments of the state.
(3) Minimum standards for courses of study, attendance
requirements, equipment, and facilities for approved town, city,
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with:
(A) persons with autism, mental illness, addictive disorders,
mental retardation, and developmental disabilities; and
(B) missing endangered adults (as defined in
IC 12-7-2-131.3);
to be provided by persons approved by the secretary of family and
social services and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
(11) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include training on interacting with juveniles
and de-escalation techniques appropriate for youth. The
board shall consider adopting training curriculum as
suggested by the law enforcement, school policing, and youth
work group established under IC 5-2-6.9.
(b) Except as provided in subsection (l), A law enforcement officer
appointed after July 5, 1972, and before July 1, 1993, may not enforce
the laws or ordinances of the state or any political subdivision unless
the officer has, within one (1) year from the date of appointment,
successfully completed the minimum basic training requirements
established under this chapter by the board. If a person fails to
successfully complete the basic training requirements within one (1)
year from the date of employment, the officer may not perform any of
the duties of a law enforcement officer involving control or direction
of members of the public or exercising the power of arrest until the
officer has successfully completed the training requirements. This
subsection does not apply to any law enforcement officer appointed
before July 6, 1972, or after June 30, 1993.
(c) Military leave or other authorized leave of absence from law
enforcement duty during the first year of employment after July 6,
1972, shall toll the running of the first year, which shall be calculated
by the aggregate of the time before and after the leave, for the purposes
of this chapter.
(d) Except as provided in subsections (e), (l), (r), and (s), a law
enforcement officer appointed to a law enforcement department or
agency after June 30, 1993, may not:
(1) make an arrest;
(2) conduct a search or a seizure of a person or property; or
(3) carry a firearm;
unless the law enforcement officer successfully completes, at a board
certified law enforcement academy or at a law enforcement training
center under section 10.5 or 15.2 of this chapter, the basic training
requirements established by the board under this chapter.
(e) This subsection does not apply to:
(1) a gaming agent employed as a law enforcement officer by the
Indiana gaming commission; or
(2) an:
(A) attorney; or
(B) investigator;
designated by the securities commissioner as a police officer of the state under IC 23-19-6-1(i).
Before a law enforcement officer appointed after June 30, 1993, completes the basic training requirements, the law enforcement officer may exercise the police powers described in subsection (d) if the officer successfully completes the pre-basic course established in subsection (f). Successful completion of the pre-basic course authorizes a law enforcement officer to exercise the police powers described in subsection (d) for one (1) year after the date the law enforcement officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of force, interacting with individuals with autism, interacting with juveniles, and the operation of an emergency vehicle. The pre-basic course must be offered on a periodic basis throughout the year at regional sites statewide. The pre-basic course must consist of at least forty (40) hours of course work. The board may prepare the classroom part of the pre-basic course using available technology in conjunction with live instruction. The board shall provide the course material, the instructors, and the facilities at the regional sites throughout the state that are used for the pre-basic course. In addition, the board may certify pre-basic courses that may be conducted by other public or private training entities, including postsecondary educational institutions.
(g) The board shall adopt rules under IC 4-22-2 to establish a mandatory inservice training program for police officers. After June 30, 1993, a law enforcement officer who has satisfactorily completed basic training and has been appointed to a law enforcement department or agency on either a full-time or part-time basis is not eligible for continued employment unless the officer satisfactorily completes the mandatory inservice training requirements established by rules adopted by the board. Inservice training must include:
(1) training in interacting with persons with mental illness, addictive disorders, mental retardation, autism, and developmental disabilities, to be provided by persons approved by the secretary of family and social services and the board;
(2) training concerning human and sexual trafficking; and
(3) interacting with juveniles.
The board may approve courses offered by other public or private training entities, including postsecondary educational institutions, as necessary in order to ensure the availability of an adequate number of inservice training programs. The board may waive an officer's inservice training requirements if the board determines that the officer's reason for lacking the required amount of inservice training hours is due to either of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class attendance and fewer courses of study than are required for the mandated basic training program.
(2) Certain parts of the course materials may be studied by a candidate at the candidate's home in order to fulfill requirements of the program.
(3) Law enforcement officers successfully completing the requirements of the program are eligible for appointment only in towns employing the town marshal system (IC 36-5-7) and having not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an officer who has successfully completed the mandated basic training program.
(5) The time limitations imposed by subsections (b) and (c) for completing the training are also applicable to the town marshal basic training program.
(6) The program must require training in:
(A) interacting with individuals with autism; and
(B) interacting with juveniles.
(i) The board shall adopt rules under IC 4-22-2 to establish an executive training program. The executive training program must include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training program within two (2) months of the date the police chief initially takes office. A police chief must successfully complete the executive training program within six (6) months of the date the police chief initially takes office. However, if space in the executive training program is not available at a time that will allow completion of the executive training program within six (6) months of the date the police chief initially takes office, the police chief must successfully complete the next available executive training program that is offered after the police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not continue to serve as the police chief until completion of the executive training program. For the purposes of this subsection and subsection (j), "police chief" refers to:
(1) the police chief of any city;
(2) the police chief of any town having a metropolitan police department; and
(3) the chief of a consolidated law enforcement department established under IC 36-3-1-5.1.
A town marshal is not considered to be a police chief for these purposes, but a town marshal may enroll in the executive training program.
(l) A fire investigator in the division of fire and building safety appointed after December 31, 1993, is required to comply with the basic training standards established under this chapter.
(m) The board shall adopt rules under IC 4-22-2 to establish a program to certify handgun safety courses, including courses offered in the private sector, that meet standards approved by the board for training probation officers in handgun safety as required by IC 11-13-1-3.5(3).
(n) The board shall adopt rules under IC 4-22-2 to establish a refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at least two (2) years and less than six (6) years before the officer is hired under subdivision (1) due to the officer's resignation or retirement; and
(3) completed at any time a basic training course certified by the board before the officer is hired under subdivision (1).
(o) The board shall adopt rules under IC 4-22-2 to establish a
refresher course for an officer who:
(1) is hired by an Indiana law enforcement department or agency
as a law enforcement officer;
(2) has not been employed as a law enforcement officer for at
least six (6) years and less than ten (10) years before the officer
is hired under subdivision (1) due to the officer's resignation or
retirement;
(3) is hired under subdivision (1) in an upper level policymaking
position; and
(4) completed at any time a basic training course certified by the
board before the officer is hired under subdivision (1).
A refresher course established under this subsection may not exceed
one hundred twenty (120) hours of course work. All credit hours
received for successfully completing the police chief executive training
program under subsection (i) shall be applied toward the refresher
course credit hour requirements. The program must require training
in interacting with juveniles.
(p) Subject to subsection (q), an officer to whom subsection (n) or
(o) applies must successfully complete the refresher course described
in subsection (n) or (o) not later than six (6) months after the officer's
date of hire, or the officer loses the officer's powers of:
(1) arrest;
(2) search; and
(3) seizure.
(q) A law enforcement officer who has worked as a law enforcement
officer for less than twenty-five (25) years before being hired under
subsection (n)(1) or (o)(1) is not eligible to attend the refresher course
described in subsection (n) or (o) and must repeat the full basic training
course to regain law enforcement powers. However, a law enforcement
officer who has worked as a law enforcement officer for at least
twenty-five (25) years before being hired under subsection (n)(1) or
(o)(1) and who otherwise satisfies the requirements of subsection (n)
or (o) is not required to repeat the full basic training course to regain
law enforcement power but shall attend the refresher course described
in subsection (n) or (o) and the pre-basic training course established
under subsection (f).
(r) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses established by the Indiana gaming commission in conjunction with the board.
(s) This subsection applies only to a securities enforcement officer designated as a law enforcement officer by the securities commissioner. A securities enforcement officer may exercise the police powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any other training courses established by the securities commissioner in conjunction with the board.
(t) As used in this section, "upper level policymaking position" refers to the following:
(1) If the authorized size of the department or town marshal system is not more than ten (10) members, the term refers to the position held by the police chief or town marshal.
(2) If the authorized size of the department or town marshal system is more than ten (10) members but less than fifty-one (51) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police department or town marshal system in the next rank and pay grade immediately below the police chief or town marshal.
(3) If the authorized size of the department or town marshal system is more than fifty (50) members, the term refers to:
(A) the position held by the police chief or town marshal; and
(B) each position held by the members of the police department or town marshal system in the next two (2) ranks and pay grades immediately below the police chief or town marshal.
(u) This subsection applies only to a correctional police officer employed by the department of correction. A correctional police officer may exercise the police powers described in subsection (d) if:
(1) the officer successfully completes the pre-basic course described in subsection (f); and
(2) the officer successfully completes any other training courses established by the department of correction in conjunction with the board.
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement, juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of crime.
(5) Prepare applications for funds under the Omnibus Act and the Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute under IC 9-27-2.
(8) Compile and analyze information and disseminate the information to persons who make criminal justice decisions in this state.
(9) Serve as the criminal justice statistical analysis center for this state.
(10) Identify grants and other funds that can be used by the department of correction to carry out its responsibilities concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for designating an area of a consolidated or second class city as a public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform retailers and the public about illicit methamphetamine production, distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific appropriation by the general assembly, a web site containing a list of properties (as defined in IC 5-2-6-19(b)) that have been used as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protection program established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund the gang crime witness protection program.
(16) After December 31, 2008, administer the licensing of:
(A) commercial driver training schools; and
(B) instructors at commercial driver training schools.
(17) Administer any sexual offense services.
(18) Administer domestic violence programs.
(19) Administer assistance to victims of human sexual trafficking offenses as provided in IC 35-42-3.5-4.
(20) Administer the domestic violence prevention and treatment fund under IC 5-2-6.7.
(21) Administer the family violence and victim assistance fund under IC 5-2-6.8.
(22) Administer and provide staff support to the law enforcement, school policing, and youth work group under IC 5-2-6.9.
Chapter 6.9. Law Enforcement, School Policing, and Youth Work Group
Sec. 1. (a) As used in this chapter, "institute" means the Indiana criminal justice institute established by IC 5-2-6-3.
(b) As used in this chapter, "work group" means the law enforcement, school policing, and youth work group established by section 2 of this chapter.
Sec. 2. (a) The law enforcement, school policing, and youth work group is established.
(b) The institute shall staff and administer the work group.
(c) The institute may adopt rules under IC 4-22-2 to administer the work group.
Sec. 3. (a) The work group consists of twenty-four (24) voting members, including:
(1) the executive director of the Indiana criminal justice institute or the executive director's designee;
(2) the executive director of the Indiana law enforcement academy or the executive director's designee;
(3) the state superintendent of public instruction or the state superintendent's designee;
(4) the executive director of the Indiana judicial center or the executive director's designee;
(5) the executive director of the public defender council of Indiana or the executive director's designee;
(6) the executive director of the prosecuting attorneys council of Indiana or the executive director's designee;
(7) the executive director of the Indiana sheriff's association or the executive director's designee;
(8) a judge having juvenile court jurisdiction, appointed by the governor;
(9) a chief of police, police officer, or town marshal, appointed by the attorney general;
(10) a pediatric physician, appointed by the chief justice of the supreme court;
(11) a psychologist who treats adolescent children, appointed by the speaker of the house of representatives;
(12) a law enforcement officer employed by a law enforcement agency who routinely works in a school, appointed by the minority leader of the house of representatives;
(13) an attorney licensed to practice law in Indiana who is a member of the Indiana State Bar Association, appointed by the president pro tempore of the senate;
(14) an individual who is less than nineteen (19) years of age, appointed by the minority leader of the senate;
(15) a school teacher who is employed by a junior high school, middle school, or high school, appointed by the governor;
(16) a school social worker, appointed by the attorney general;
(17) a school attorney, appointed by the chief justice of the supreme court;
(18) a school principal from an urban school district, appointed by the speaker of the house of representatives;
(19) a school principal from a suburban or rural school district, appointed by the minority leader of the house of representatives;
(20) an individual who represents or is employed by a child advocate organization, appointed by the president pro tempore of the senate;
(21) a special education teacher, appointed by the minority leader of the senate;
(22) a law school professor, appointed by the governor;
(23) a university or college professor who has studied or specializes in school discipline and racial equity issues of children, appointed by the attorney general; and
(24) the director of a law enforcement training school or academy other than the Indiana law enforcement academy, appointed by the chief justice of the supreme court.
(b) The work group also consists of four (4) members of the general assembly who shall serve as nonvoting members of the work group. The president pro tempore of the senate shall appoint two (2) senators, who may not be members of the same political party. The speaker of the house of representatives shall appoint
two (2) representatives, who may not be members of the same
political party.
(c) The individual appointed under subsection (a)(22) shall serve
as the chairperson of the work group.
(d) The individuals appointing work group members under this
section should strive for a diverse group of appointees reflecting a
variety of ethnic groups and races and both men and women.
Sec. 4. The work group shall meet one (1) time per month at the
call of the chairperson.
Sec. 5. Twelve (12) voting members of the work group constitute
a quorum. The work group is not prohibited from conducting
business as a result of a vacancy in the work group. In the case of
a vacancy, a new appointee shall serve for the remainder of the
unexpired term. A vacancy shall be filled from the same group that
was represented by the outgoing member.
Sec. 6. All appointments of the work group's members are
renewable.
Sec. 7. (a) A member of the work group who is not a state
employee is not entitled to a minimum salary per diem provided by
IC 4-10-11-2.1(b) and is not entitled to reimbursement for traveling
expenses.
(b) A member of the work group who is a state employee is
entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties,
as provided in the state travel policies and procedures established
by the Indiana department of administration and approved by the
budget agency.
Sec. 8. (a) Before July 1 of each year, the work group shall
submit an annual report to the:
(1) legislative council;
(2) governor;
(3) department of education;
(4) Indiana law enforcement academy;
(5) commission on courts established by IC 33-23-10-1;
(6) education roundtable established by IC 20-19-4-2;
(7) chief justice of the supreme court; and
(8) board for the coordination of programs serving vulnerable
individuals established by IC 4-23-30.2-8.
(b) The report must include the findings and recommendations
of the board.
(c) The report submitted to the legislative council must be in an
electronic format under IC 5-14-6.
Sec. 9. The institute shall:
(1) provide staff support to the work group; and
(2) post the work group's:
(A) meeting minutes; and
(B) reports;
on the institute's web site.
Sec. 10. (a) The work group shall:
(1) recommend legislation to the general assembly;
(2) study and recommend training curricula to the Indiana
law enforcement academy concerning law enforcement officer
interactions with juveniles;
(3) study and recommend training curricula concerning law
enforcement, school policing, and juveniles, as described in
subsection (b), for:
(A) school resources officers;
(B) teachers;
(C) school administrators;
(D) school corporation police officers; and
(E) privately contracted security officers who work in
schools;
(4) study and make recommendations concerning methods by
which law enforcement agencies may improve interactions
with juveniles;
(5) study and recommend methods by which law enforcement
agencies and schools may collaborate on reducing juvenile
involvement in the juvenile justice system, including:
(A) when school administrators should be notified before
a student is arrested;
(B) what types of arrests should not occur on school
property;
(C) recommendations regarding school administrators and
law enforcement agencies reviewing school safety policies;
(D) policies concerning parental notification of student
arrests; and
(E) the use of alternatives to arrest;
(6) study and recommend pilot programs for school districts
and law enforcement agencies to reduce juvenile involvement
in the juvenile justice system based on best practices;
(7) study and recommend guidelines for school districts to
adopt to reduce juvenile involvement in the juvenile justice
system;
(8) study and recommend whether law enforcement agencies
should employ juvenile justice specialists to:
(A) train law enforcement officers on appropriate law
enforcement interactions with juveniles;
(B) collaborate with schools to reduce law enforcement
interactions with juveniles; and
(C) develop alternatives to arresting juveniles;
(9) study and recommend educational curricula to the
department of education for students regarding:
(A) the juvenile justice and criminal justice systems;
(B) the types of conduct that can lead to school discipline;
(C) the consequences of being arrested; and
(D) restorative justice principles;
(10) study and recommend training curricula for school
employees concerning:
(A) the juvenile justice system;
(B) alternatives to student suspension, expulsion, and
arrest;
(C) restorative justice; and
(D) the consequences of arresting a youth;
(11) study and recommend the use of school security guards
by school corporations and whether additional training is
recommended for school security guards to make arrests,
conduct searches, and carry firearms on school corporation
property; and
(12) study the use of zero (0) tolerance policies by schools and
the impact that zero (0) tolerance policies have for youth
involvement in the juvenile justice system.
(b) The recommendations under subsection (a)(3) may include
recommendations for training concerning:
(1) adolescent development;
(2) adolescent psychology;
(3) children with disabilities and special needs;
(4) law enforcement interactions with youth in schools;
(5) relationship building;
(6) implications for asserting authority;
(7) cultural competency; and
(8) alternatives to referral, arrest, and detention.
(c) The work group shall make a recommendation regarding the
issue stated in subsection (a)(11) by August 1, 2011.
Sec. 11. The work group shall conduct its first meeting by
August 1, 2010.
Sec. 12. This chapter expires June 30, 2015.
(1) "Abuse" means:
(A) conduct that causes bodily injury (as defined in IC 35-41-1-4) or damage to property; or
(B) a threat of conduct that would cause bodily injury (as defined in IC 35-41-1-4) or damage to property.
(2) "County law enforcement agency" includes:
(A) postsecondary educational institution police officers appointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed under IC 20-26-16.
(b) There is established in each county a county law enforcement continuing education program. The program is funded by amounts appropriated under IC 33-37-8-6.
(c) A county law enforcement agency receiving amounts based upon claims for law enforcement continuing education funds under IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into the county law enforcement continuing education fund.
(d) Distribution of money in the county law enforcement continuing education fund shall be made to a county law enforcement agency without the necessity of first obtaining an appropriation from the county fiscal body.
(e) Money in excess of one hundred dollars ($100) that is unencumbered and remains in a county law enforcement continuing education fund for at least one (1) entire calendar year from the date of its deposit shall, at the end of a county's fiscal year, be deposited by the county auditor in the law enforcement training fund established under IC 5-2-1-13(b).
(f) To make a claim under IC 33-37-8-6, a law enforcement agency shall submit to the fiscal body a verified statement of cause numbers for fees collected that are attributable to the law enforcement efforts of that agency.
(g) A law enforcement agency shall submit a claim for fees under this section in the same county fiscal year in which the fees are collected under IC 33-37-4.
(h) A county law enforcement agency program shall provide to each law enforcement officer employed by the county and may provide to each law enforcement officer employed by a city or town law enforcement agency within the county continuing education concerning
the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of abuse.
(5) Information about the legal rights of and remedies available
to victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which a child may be seriously
endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult (as
defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
(18) Performing cardiopulmonary resuscitation and the Heimlich
maneuver.
(19) Two (2) hours of instruction regarding how to interact
with juveniles and de-escalation techniques appropriate for
youth.
(i) A county law enforcement agency may enter into an agreement
with other law enforcement agencies to provide the continuing
education required by this section and section 2(f) of this chapter.
JULY 1, 2010]: Sec. 2. (a) The following definitions apply in this
section:
(1) "Abuse" has the meaning set forth in section 1(a) of this
chapter.
(2) "City or town law enforcement agency" includes:
(A) postsecondary educational institution police officers
appointed under IC 21-17-5 or IC 21-39-4; and
(B) school corporation police officers appointed under
IC 20-26-16.
(b) There is established in each city and in each town with a city or
town court a local law enforcement continuing education program. The
program is funded by amounts appropriated under IC 33-37-8-4 and
fees collected under IC 9-29-4-2, IC 9-29-11-1, and IC 35-47-2-3.
(c) A city or town law enforcement agency receiving amounts based
upon claims for law enforcement continuing education funds under
IC 33-37-8-4 or IC 33-37-8-6 shall deposit each fee collected into the
local law enforcement continuing education fund.
(d) Distribution of money in a local law enforcement continuing
education fund shall be made to a city or town law enforcement agency
without the necessity of first obtaining an appropriation from the fiscal
body of the city or town.
(e) To make a claim under IC 33-37-8-4, a law enforcement agency
shall submit to the fiscal body a verified statement of cause numbers
for fees collected that are attributable to the law enforcement efforts of
that agency.
(f) A city or town law enforcement agency shall provide to each law
enforcement officer employed by the city or town law enforcement
agency continuing education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of abuse.
(5) Information about the legal rights of and remedies available
to victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention in abuse cases.
(9) Services and facilities available to victims of abuse and abusers.
(10) Verification of restraining orders, protective orders, temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse cases.
(12) Emergency assistance to victims of abuse and criminal justice options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which the child may be seriously endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult (as defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
(18) Performing cardiopulmonary resuscitation and the Heimlich maneuver.
(19) Two (2) hours of instruction regarding how to interact with juveniles and de-escalation techniques appropriate for youth.
(g) A city or town law enforcement agency may enter into an agreement with other county, city, or town law enforcement agencies to provide the continuing education required by this section and section 1(h) of this chapter.
(b) If the state police department files a claim under IC 33-37-8-4 or IC 33-37-8-6 against a city or town user fee fund or a county user fee fund, the fiscal officer of the city or town or the county auditor shall deposit fees collected under the cause numbers submitted by the state police department into the state police training fund established under this section.
(c) Claims against the state police training fund must be submitted in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is unencumbered and remains in the state police training fund for at least one (1) entire calendar year from the date of its deposit shall, at the end
of the state's fiscal year, be deposited in the law enforcement training
fund established under IC 5-2-1-13(b).
(e) As used in this subsection, "abuse" has the meaning set forth in
section 1(a) of this chapter. As a part of the state police department's
in-service training, the department shall provide to each law
enforcement officer employed by the department continuing education
concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in
cases involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of the abuse.
(5) Information about the legal rights of and remedies available
to victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders,
temporary injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal
justice options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which a child may be seriously
endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult (as
defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
(18) Two (2) hours of instruction regarding how to interact
with juveniles and de-escalation techniques appropriate for
youth.
The cost of providing continuing education under this subsection shall
be paid from money in the state police training fund.
Chapter 17. School Security Guards
Sec. 1. An individual employed by or under contract to a school corporation, including a security guard or a special deputy whose powers and duties are described in IC 36-8-10-10.6, may not carry a firearm on school corporation property unless the individual successfully completes a pre-basic training course under IC 5-2-1-9(f). The individual must also complete the training under IC 5-2-1-9(a)(11) within one (1) year of starting employment with or providing services under a contract to a school corporation.
Chapter 6. Student Safety Reporting
Sec. 1. (a) By July 1 of each year, each school corporation shall submit a report to the department detailing the following information for the current school year for each school in the school corporation and for the entire school corporation:
(1) The number of arrests of students on school corporation property, including arrests made by law enforcement officers, security guards, school safety specialists, and other school corporation employees, and any citizen arrests.
(2) The offenses for which students were arrested on school corporation property.
(3) The number of contacts with law enforcement personnel from a school corporation employee that have resulted in arrests of students not on school corporation property.
(4) Statistics concerning the age, race, and gender of students arrested on school corporation property and categorizing the statistics by offenses.
(5) Whether the school corporation has established and employs a school corporation police department under IC 20-26-16, and if so, report:
(A) the number of officers in the school corporation police department; and
(B) the training the officers must complete.
(6) If the school corporation employs private security guards to enforce rules or laws on school property, a detailed explanation of the use of private security guards by the school
corporation.
(7) If the school corporation has an agreement with a local
law enforcement agency regarding procedures to arrest
students on school property, a detailed explanation of the use
of the local law enforcement agency by the school corporation.
(b) By August 1 of each year, the department shall submit a
report to:
(1) the legislative council;
(2) the education roundtable established by IC 20-19-4-2; and
(3) the board for the coordination of programs serving
vulnerable individuals established by IC 4-23-30.2-8;
providing a summary of the reports submitted to the department
under subsection (a). The report to the legislative council must be
in an electronic format under IC 5-14-6.
(c) By August 1 of each year, the department must post the
reports described in subsections (a) and (b) on the department's
Internet web site.
