2.30 - Training requirements for peace officers. - New York Statutes

* § 2.30 Training requirements for peace officers. 1. Every peace officer in the state of New York, appointed after the effective date of this article, who works a full complement of hours which constitutes full-time employment for the officer's employer, must successfully complete a training program, a portion of which shall be prescribed by the municipal police training council and by his employer, the state or local agency, unit of local government, state or local commission, or public authority or private organization that employs him. The portion prescribed by the municipal police training council shall be comprised of subjects, and the hours each is to be taught, that shall be required of all types or classes of peace officers. The hours of instruction required by the municipal police training council shall not exceed thirty-five, unless a greater amount is either required by law or regulation, or is requested by the employer. The segment prescribed by the employer for his employees shall be comprised of subjects, and the hours each is to be taught, relating to the special nature of the duties of the peace officers employed by him. Each state or local agency, unit of local government, state or local commission, or public authority, or public or private organization which employs peace officers shall provide the training mandated by this section, and transmit to the municipal police training council within six months after the effective date of this article the proposed training program for peace officers, comprised of subjects required by the employer, the cost of which will be borne by the employer. The program shall: (a) List the subjects comprising the proposed curriculum and the number of hours each is to be taught; (b) List the proposed instructors for each subject with their qualifications; and (c) Indicate the proposed location of the school. In the reviewing of the employer's submission, the instructors must be found qualified by background and experience, and if so found, the course shall be certified by the municipal police training council. When the subjects prescribed by the employer are identical to the subjects in the training program required by the municipal police training council, the officer shall not be required to take duplicate training for those subjects. It is the responsibility of every employer to provide the training program certified by the municipal police training council. Each peace officer satisfactorily completing the course shall be awarded a certificate by the division of criminal justice services attesting to that effect, and no person appointed as a peace officer after the effective date of this article shall exercise the powers of a peace officer, unless he has received such certification within twelve months of appointment. Where an employer has authorized a peace officer to carry or use a weapon during any phase of the officer's official duties, which constitutes on-duty employment, the program shall include the same number of hours of instruction in deadly physical force and the use of firearms and other weapons as is required in the basic training program for police officers by the municipal police training council. The program shall include the information set forth in subdivision seven of section 265.10 of the penal law. No employer shall allow any peace officer, notwithstanding when the officer was appointed, to carry or use a weapon during any phase of the officer's official duties, which constitutes on-duty employment, unless the officer has satisfactorily completed a course of training approved by the municipal police training council in the use of deadly physical force and firearms and other weapons, and annually receives instruction in deadly physical force and the use of firearms and other weapons as approved by the municipalpolice training council. The course of training in the use of deadly physical force and firearms and other weapons shall be provided by the officer's employer, not later than six months from the date on which the officer was appointed, where the officer is authorized to carry a weapon pursuant to law. 2. Upon the failure or refusal to comply with the requirements of subdivision one of this section, the commissioner of the division of criminal justice services shall apply to the supreme court for an order directed to the person responsible requiring compliance. Upon such application, the court may issue such order as may be just, and a failure to comply with the order of the court shall be a contempt of court and punishable as such. 3. Any individual who is a peace officer or a New York city special patrolman on the effective date of this article and has previously taken a formalized course of training while a peace officer or a New York city special patrolman, may apply, in writing, to the municipal police training council for certification. The application shall be granted or denied for reasons specifically and concisely stated in writing, and if granted, the exact extent of any waiver of the training then presently required for new appointees shall be set forth. The certification shall be granted only if the municipal police training council determines that the course of training previously taken by the applicant is in substantial compliance with the training then presently required for new appointees. When an application is denied, it is the responsibility of the officer to obtain the training that is required in order to obtain certification. When a peace officer meets the training requirements specified herein, the division of criminal justice services shall issue that person a certificate attesting to the fact that he has satisfactorily completed the required training. 4. Any peace officer appointed after the effective date of this article who normally works on a part-time basis for less than the full complement of hours which would constitute full-time employment for their position as determined by their employer, shall receive training which may, in whole or in part, be in-service training. The portion of the training program required by the municipal police training council shall not exceed ten hours of instruction. The segment of the training program prescribed by the employer shall be comprised of subjects, and the hours each is to be taught, relating to the special nature of the duties of the peace officers employed by him. Every employer who employs part-time peace officers shall transmit to the municipal police training council within six months after the effective date of this article the proposed training program for its officers, in accordance with the procedure and requirements set forth in subdivision one of this section. Each peace officer satisfactorily completing the training requirements shall be issued a certificate by the division of criminal justice services attesting to that effect. 5. Every employer of peace officers shall annually report to the municipal police training council, in such form and at such time as the council may by regulation require, the names and addresses of all peace officers who have, during the course of the year, satisfactorily completed any of the training requirements prescribed by this section. 6. A certificate attesting to satisfactory completion of the training requirements imposed under this section awarded to any peace officer by the executive director of the municipal police training council pursuant to this section shall remain valid: (a) during the holder's continuous service as a peace officer; and(b) for two years after the date of the commencement of an interruption in such service where the holder had, immediately prior to such interruption, served as a peace officer for less than two consecutive years; or (c) for four years after the date of the commencement of an interruption in such service where the holder had, immediately prior to such interruption, served as a peace officer for two consecutive years or longer. As used in this subdivision, the term "interruption" shall mean a period of separation from employment as a peace officer by reason of such officer's leave of absence, resignation or removal, other than removal for cause. * NB Effective until January 1, 2011 * § 2.30 Training requirements for peace officers. 1. Every peace officer in the state of New York must successfully complete a training program, a portion of which shall be prescribed by the municipal police training council and a portion of which shall be prescribed by his or her employer. The portion prescribed by the municipal police training council shall be comprised of subjects, and the hours each is to be taught, that shall be required of all types or classes of peace officers. The hours of instruction required by the municipal police training council shall not exceed one hundred eighty, unless a greater amount is either required by law or regulation, or is requested by the employer. The segment prescribed by the employer for its employees shall be comprised of subjects, and the hours each is to be taught, relating to the special nature of the duties of the peace officers employed by it provided, however, that when the subjects prescribed by the employer are identical to the subjects in the training program required by the municipal police training council, the employer shall not be required to provide duplicate training for those subjects. 2. Each state or local agency, unit of local government, state or local commission, or public authority, or public or private organization which employs peace officers shall provide the training mandated by this section, the cost of which will be borne by the employer. Each peace officer satisfactorily completing the course prescribed by the municipal police training council shall be awarded a certificate by the division of criminal justice services attesting to that effect, and no person appointed as a peace officer shall exercise the powers of a peace officer, unless he or she has received such certification within twelve months of appointment. 3. No employer shall allow any peace officer it employs to carry or use a weapon during any phase of the officer's official duties, which constitutes on-duty employment, unless the officer has satisfactorily completed a course of training approved by the municipal police training council in the use of deadly physical force and firearms and other weapons, and annually receives instruction in deadly physical force and the use of firearms and other weapons as approved by the municipal police training council. 4. Upon the failure or refusal to comply with the requirements of this section, the commissioner of the division of criminal justice services shall apply to the supreme court for an order directed to the person responsible requiring compliance. Upon such application, the court may issue such order as may be just, and a failure to comply with the order of the court shall be a contempt of court and punishable as such. 5. Every employer of peace officers shall report to the division of criminal justice services, in such form and at such time as the division may by regulation require, the names of all peace officers who havesatisfactorily completed any of the training requirements prescribed by this section. 6. A certificate attesting to satisfactory completion of the training requirements imposed under this section awarded to any peace officer by the executive director of the municipal police training council pursuant to this section shall remain valid: (a) during the holder's continuous service as a peace officer; and (b) for two years after the date of the commencement of an interruption in such service where the holder had, immediately prior to such interruption, served as a peace officer for less than two consecutive years; or (c) for four years after the date of the commencement of an interruption in such service where the holder had, immediately prior to such interruption, served as a peace officer for two consecutive years or longer. As used in this subdivision, the term "interruption" shall mean a period of separation from employment as a peace officer by reason of such officer's leave of absence, resignation or removal, other than removal for cause. * NB Effective January 1, 2011