503 KAR 3:010 - Basic law enforcement training course recruit conduct requirements; procedures and penalties
RELATES TO: KRS 15A.070(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.070(1) requires the Department of Criminal Justice Training to establish, supervise, and coordinate training programs and schools for law enforcement personnel. KRS 15A.070(5) authorizes the commissioner of the Department of Criminal Justice Training to promulgate administrative regulations. This administrative regulation establishes conduct requirements of recruits attending basic law enforcement training courses conducted by the Department of Criminal Justice Training, procedures for disciplinary action, and penalties for violations of conduct requirements.
Section 1. Uniforms,
Operator's License, and Criminal History Records Check Required.
(1) A recruit shall:
(a) Provide the uniforms required in Section
6(8) of this administrative regulation; and
(b) Present a valid motor vehicle operator's
license to participate in the basic training course.
(2) The recruit's employing agency shall
submit Form 151 to the department stating that:
(a) A criminal history check, in accordance
with
503
KAR 1:140, Section 4(1)(f) and (2), has been conducted
within ninety (90) days before the recruit attends law enforcement basic
training; and
(b) The recruit is
not prohibited by state or federal law from:
1. Possessing a firearm; or
2. Accessing the Criminal Justice Information
System (CJIS) or any other restricted records database.
(3) If the recruit has been in
precertified status, pursuant to
KRS
15.386(1), for less than
ninety (90) days before arriving for law enforcement basic training, an
additional criminal records check shall not be required of the employing
agency.
Section 2.
Removing a Recruit from the Course.
(1)
Unqualified recruit. If a recruit is not qualified to participate in the basic
training course under subsection (3) of this section, he shall:
(a) Be removed from basic training by the:
1. Commissioner;
2. Director;
3. Branch manager; or
4. Section supervisor; and
(b) Receive no credit for the part
of the course he has completed.
(2) If a recruit is removed from training,
pursuant to subsection (1) of this section, within thirty (30) days of the
removal, he may request in writing an administrative hearing, which shall
comply with KRS Chapter 13B.
(3) A
recruit shall be considered unqualified if he:
(a) Or his law enforcement agency files an
incomplete or fraudulent application to attend basic training, or otherwise
fails to comply with admissions requirements in
KRS
15.382 and 503 KAR Chapter 3, including Form
151 required in Section 1(2) of this administrative regulation;
(b) Is not presently employed as a law
enforcement officer and has not received special permission to
attend;
(c) Arrives at the
beginning of basic training physically unable to participate because of:
1. Physical injury;
2. Being under the influence of alcohol or
drugs (prescription or illegal); or
3. Failure of the physical training entry
requirements as found in
503
KAR 1:110 if the recruit is required to complete basic
training in order to fulfill the peace officer certification provisions as
found in
KRS
15.380 to
15.404;
(d) Has had prior disciplinary
action while at DOCJT which would prevent participation (expelled or suspended
from training), or has a pending disciplinary action which was initiated during
a previous DOCJT training course; or
(e) Is unprepared to participate in training
due to his arrival without the required equipment, license, uniform, or
preparation;
(4)
Agency's request: The department shall remove a recruit from basic training
upon the department's receipt of a written request from the recruit's law
enforcement agency. The recruit shall receive no credit for the part of the
course he has completed.
Section
3. Gifts. Gifts from recruits to department staff members shall
conform to the Executive Branch Code of Ethics (KRS Chapter 11A).
Section 4. Penalties for Misconduct.
(1) The penalties established in this section
shall apply to a recruit's failure to meet conduct or Honor Code requirements
of the department. The penalties are listed in order of decreasing severity.
(a) Expulsion. The recruit is dismissed from
the course, and all privileges are terminated. The recruit shall not reapply
for admission to the department's basic training course for two (2) years from
the date of expulsion.
(b)
Suspension. The recruit is suspended from training for a specified period of
time, not to exceed one (1) year; all privileges are rescinded during the
suspension period.
(c) Probation.
The recruit is placed on probation for a specified period of time, not to
exceed the final date of the basic training course in which he is currently
enrolled. A loss of privileges may be imposed during the period of probation. A
violation of any conduct or Honor Code requirement during the period of
probation shall result in an extension of the period of probation, additional
loss of privileges, suspension, or expulsion.
(d) Loss of privileges. The recruit's
privileges as specified in the imposed penalty are rescinded for a stated
period of time. The recruit's participation in training activities is not
affected.
(e) Written reprimand.
The recruit is reprimanded in writing for violating a conduct or Honor Code
requirement.
(f) Verbal warning.
The recruit is warned verbally that he has violated a conduct or Honor Code
requirement.
(2) Second
and subsequent violations.
(a) If a recruit
has received a penalty for violating a conduct or Honor Code requirement, upon
a second violation of any conduct or Honor Code requirement the next higher
penalty shall be added to the list of penalties in Sections 6 and 7 of this
administrative regulation which may be imposed for the second
violation.
(b) If a recruit has
previously received two (2) penalties for violating two (2) conduct or Honor
Code requirements, upon a third or subsequent violation of any conduct or Honor
Code requirement the next two (2) higher penalties in Sections 6 and 7 of this
administrative regulation shall be added to the list of penalties which may be
imposed for the third or subsequent violation.
(3) Giving notice of disciplinary action to
recruit. The department shall give written notice to a recruit of any penalty
imposed upon him.
(4) Penalty
records.
(a) The department shall keep a
written record of any penalty imposed on a recruit.
(b) A copy of any penalty imposed on a
recruit shall be placed in his basic training file.
(c) Only the department, including the
department's use of redacted records for accreditation purposes, the recruit,
and the recruit's agency head shall have access to the penalty records in a
recruit's basic training file unless broader access is required by
law.
Section
5. Termination of Dangerous or Disruptive Situation. If the
conduct or condition of a recruit constitutes an immediate danger or an
immediate threat of danger to self or others, or is disruptive of, or is an
immediate threat to be disruptive of a department activity, a department staff
member may take all reasonable steps necessary to terminate the
situation.
Section 6. Conduct
Requirements. A recruit attending the basic training course shall meet the
conduct requirements established in this section.
(1) General conduct, chain of command. All
communications shall follow chain of command of the department. Exceptions are
the unavailability of a supervisor, or the recruit's complaint regarding a
supervisor. Penalty: verbal warning or written reprimand.
(2) General conduct, insubordination. A
recruit shall:
(a) Obey a lawful order from a
department staff member. Penalty: verbal warning, written reprimand, loss of
privileges, probation, suspension, or expulsion.
(b) Refrain from vulgarity, rudeness,
violent, threatening, or offensive confrontation, or other disrespectful
conduct directed toward a department staff member, recruit or other department
trainee or guest. Penalty: verbal warning, written reprimand, probation,
suspension, or expulsion.
(3) General conduct, grooming. The recruit
shall be clean shaven with sideburns no longer than the bottom of the ear lobe.
A mustache is permitted if the recruit has the mustache upon arrival and keeps
it neatly trimmed. A beard shall not be permitted unless the recruit receives
permission from the department based upon a written request from the recruit's
agency and good cause shown. A recruit's hair shall be clean and neat and shall
not be over the collar. Penalty: verbal warning or written reprimand.
(4) General conduct, alcoholic beverages and
other intoxicants.
(a) Regardless of amount, a
recruit shall not possess, consume nor be under the influence of alcoholic
beverages, controlled substances, or other intoxicating substances not
therapeutically prescribed by a physician or a qualified medical professional
while attending a basic training course which shall include all dates of
training and periods when residing in the dormitory, including the weekend if
the recruit is granted permission to stay beyond the normal Friday evening
checkout. "Attending a basic training course" shall not include the weekend
period during which recruits check out of the dormitory and return to their
homes. A recruit shall not report to the dormitory having consumed alcoholic
beverages, controlled substances, or other intoxicating substances. A recruit
shall submit to testing as requested by the department to determine the
presence of alcoholic beverages, or controlled or other intoxicating substances
at the department's expense. Testing shall not be required to impose a penalty
under this subsection, but may be requested if a department or dormitory staff
member, instructor, section supervisor, branch manager, director or
commissioner has a reasonable suspicion that the recruit has violated the
provisions of this section. Testing may be randomly requested of all members of
a basic training class or all dormitory residents. If a test is requested, a
recruit shall be considered to have consumed alcoholic beverages if his or her
blood alcohol concentration is 0.01 percent or greater. Penalty: written
reprimand, loss of privileges, probation, suspension or expulsion.
(b) If a recruit has taken a controlled
substance as prescribed by a physician or a qualified medical professional or
has taken any other medication, whether prescribed or not, he shall not
participate in any training activity if he is under the influence thereof to
the extent that the recruit may be impaired or may endanger himself or other
persons or property. A recruit shall advise the class coordinator or the
section supervisor in writing of the use of a controlled substance or
medication whether or not it has been prescribed by a physician or a qualified
medical professional. Penalty: verbal warning, written reprimand, probation, or
suspension.
(c) Confiscation.
1. If a dormitory staff member, department
instructor, section supervisor, or branch manager observes an unlawfully
possessed intoxicating substance, he shall immediately confiscate it.
2. Confiscated items shall be stored in a
safe and secure facility of the department pending appropriate
disposition.
(5) General conduct, weapons and other
dangerous devices.
(a) A recruit shall not
possess deadly weapons (as defined in
KRS
500.080), ammunition, destructive devices or
booby trap devices (as defined in
KRS
237.030), hazardous substances (as defined in
KRS
224.1-400), knives other than an ordinary
pocket knife, fireworks, or instruments used by law enforcement for control
purposes including batons, stun guns, Mace, and pepper spray, on property used
by the department except under circumstances specifically authorized by the
department. Penalty: verbal warning, written reprimand, loss of privileges,
probation, suspension, or expulsion.
(b) Weapons specifically designated by the
department to be used for training purposes shall be stored in a vault provided
by the department at all times when they are not being used directly in
training activities and may be removed only for scheduled training, servicing,
cleaning, or repair. Servicing, cleaning, and repairs of weapons (other than
repairs which may require the expertise of a qualified gunsmith) shall be
carried out only as authorized by the section supervisor and only in the
presence of a certified firearms instructor. Penalty: verbal warning, written
reprimand, loss of privileges, or probation.
(c) Confiscation.
1. If a dormitory staff member, department
instructor, section supervisor, branch manager, director or commissioner
observes an unlawfully possessed weapon or other dangerous device he shall
immediately confiscate it.
2.
Confiscated items shall be stored in a safe and secure facility of the
department pending appropriate disposition.
(6) General conduct, department property.
(a) A recruit shall not recklessly,
negligently, or intentionally damage, destroy, fail to return, or be wasteful
of property of the department or any other facility used by the department.
Penalty: verbal warning, written reprimand, loss of privileges, probation,
suspension or expulsion.
(b) A
recruit shall not have successfully completed basic training, and shall not be
allowed to graduate until he has returned all issued items or made satisfactory
arrangements to pay for unreturned or damaged items.
(7) General conduct, conduct unbecoming a
recruit. A recruit shall not:
(a) Engage in
criminal activity, including acts which would constitute a felony, misdemeanor
or violation, while enrolled in a basic training class. Depending on the nature
of the conduct, the recruit shall be penalized by a verbal warning, written
reprimand, loss of privileges, probation, suspension or expulsion.
Additionally, the appropriate prosecutorial authority shall be notified of the
activity if it constitutes a felony or class A misdemeanor, and may be notified
of other activity if appropriate.
(b) Engage in conduct which creates a danger
or risk of danger to the recruit or another, possess obscene matter as defined
in
KRS 531.010, engage
in conduct which is unreasonably annoying, engage in fighting or in violent,
tumultuous or threatening conduct, or engage in sexual harassment or conduct
which is patently offensive. Penalty: verbal warning, written reprimand, loss
of privileges, probation, suspension or expulsion.
(c) Engage in conduct which violates an
Eastern Kentucky University policy or rule. The location of the policies and
rules shall be provided to each recruit at the beginning of basic training.
Penalty: verbal warning, written reprimand, loss of privileges, or
probation.
(8) Training
activities, uniforms.
(a) A recruit shall
acquire all necessary uniforms and wear them as required by the department.
Penalty: verbal warning, written reprimand, loss of privileges, or
probation.
(b) Navy blue utility
uniforms shall be:
1. Clean, pressed and in
good condition;
2. Appropriately
sized to fit the recruit and not excessively loose, baggy, or tight;
3. Worn over a clean white or
department-issued tee-shirt, visible at the neck; and
4. Worn with a wide black police-type belt,
clean black police-type footwear, black or navy blue socks, and when outdoors,
a department cap. Penalty: verbal warning or written reprimand.
(c) Jewelry.
1. The recruit may wear one (1) ring per
hand. A wedding and engagement ring worn together shall be considered one (1)
ring.
2. Necklaces, earrings,
bracelets, and other jewelry shall not be worn unless authorized by the
coordinator. Penalty: verbal warning or written reprimand.
(d) A name tag, provided by the department,
shall be worn on the left shirt-pocket flap. Penalty: verbal warning or written
reprimand.
(e) Sleeves on winter
shirts shall not be rolled up outside the classroom. Penalty: verbal warning or
written reprimand.
(f) The physical
fitness uniform shall be provided by the recruit and shall consist of solid
dark blue athletic shorts, solid dark blue sweat shirt and sweat pants, solid
white athletic socks, and a pair of athletic shoes. A department-issued tee
shirt shall be worn during physical training. Penalty: verbal warning or
written reprimand.
(g) Optional
clothing may be worn during a training activity if authorized by the class
coordinator.
(9)
Training activities, absences.
(a) A recruit
is absent if he is not physically present in a class or other required
department activity for ten (10) minutes or more. A recruit is tardy if he is
not physically present at a class or other required department activity for
fewer than ten (10) minutes. A recruit shall give advance notice of an absence
if possible. Penalty for an unexcused absence: verbal warning, written
reprimand, loss of privileges, probation, or suspension; penalty for an
unexcused tardiness: verbal warning or written reprimand.
(b) All absences from basic training shall be
approved by the section supervisor or branch manager.
(c) If a recruit is absent, excused or
unexcused, he shall make up for the absence by completing an assignment
provided by the class coordinator and class administrative specialist. Failure
to make up the work shall be deemed a failure of that training area.
(10) Training activities, breaks.
Recruits shall be allowed a ten (10) minute break per hour of instruction if
possible. Breaks shall be taken only in areas designated by the department.
Penalty: verbal warning or written reprimand.
(11) Training activities, general conduct.
(a) A recruit shall be attentive during
training activities. Penalty: verbal warning or written reprimand.
(b) A recruit shall not possess any
electronic devices during scheduled training hours unless approval is granted
by the class coordinator. Electronic devices shall include cellular telephones,
mp3-type audio players, cameras, and recording devices. Penalty: verbal warning
or written reprimand.
(c) A recruit
shall not use tobacco products during, or bring food or drink into a training
activity. Penalty: verbal warning or written reprimand.
(d) A recruit shall not engage in conduct
which creates or may create a risk of injury to others during a training
session. Penalty: probation, suspension, or expulsion.
(e) A recruit shall complete assignments by
the deadline established by the instructor or coordinator. Penalty: verbal
warning or written reprimand.
(12) Training activities, dishonesty.
(a) A recruit shall not cheat or attempt to
cheat on a test, or alter or attempt to alter a test grade or other evaluation
result. A recruit shall not permit, assist or facilitate this conduct by
another recruit. Penalty: suspension or expulsion.
(b) A recruit shall not cheat or attempt to
cheat on any other assignment or activity, engage in any other conduct intended
to gain an undeserved evaluation, or falsify a document provided to the
department during basic training. A recruit shall not permit, assist or
facilitate this conduct by another recruit. Penalty: written reprimand, loss of
privileges, probation, suspension or expulsion.
(13) Residence hall.
(a) During the basic training course a
recruit shall reside in the residence hall designated by the
department.
(b) A recruit shall
return to his residence hall at curfew times designated by the commissioner,
Sunday through Thursday evenings, and Friday or Saturday if a training session
is scheduled for the following day, and remain there until 5 a.m. the next
morning. Exceptions shall be approved by the class coordinator and reported in
writing through channels to the director. Penalty: verbal warning, written
reprimand, loss of privileges, probation.
(c) A recruit shall observe "lights out"
thirty (30) minutes past the designated curfew. This time may be temporarily
moved up or extended by the branch manager or designee based upon training or
testing activities the following day. Penalty: verbal warning or written
reprimand.
(d) Each recruit shall
be responsible for cleaning his area. Each morning, prior to leaving for class
training, a recruit shall ensure his room is clean and free of trash, with beds
made and the room ready for inspection. Penalty: verbal warning, written
reprimand, loss of privileges.
(e)
The use of cooking appliances or space heaters is prohibited. Penalty: verbal
warning, written reprimand, loss of privileges.
(f) All residence hall rooms, closets, and
containers therein may be inspected by department staff for purposes of safety,
sanitation and rule violations.
(g)
A recruit residing at the residence hall shall not:
1. Have any person of the opposite sex in his
room, or visit in the room of a recruit of the opposite sex without the
permission of the class coordinator. Penalty: verbal warning, written
reprimand, loss of privileges, probation, or suspension.
2. Have a visitor in his room after 9 p.m.
Penalty: verbal warning or written reprimand, loss of privileges.
3. Keep pets, animals, or birds of any kind
in his room. Penalty: verbal warning, written reprimand, loss of
privileges.
4. Engage in dangerous,
disruptive, immoral or obscene behavior. Penalty: verbal warning, written
reprimand, loss of privileges, probation, suspension, or expulsion.
Section 7.
Honor Code.
(1) The recruit shall abide by the
provisions of the Honor Code which reads as follows:
We are a dynamic team of individuals who possess a wide array of talent and strengths. In order for our team to grow and be successful, we will respect the leadership of the agency and follow directives to the best of our ability. We will make sacrifices for the benefit of the team. We will practice humility and show a spirit of compromise. As recruits of the Department of Criminal Justice Training, Law Enforcement Basic Training class, we will not lie, steal or cheat nor tolerate any among us who do.
We will keep our private lives honorable as an example to all. We will be exemplary in obeying the laws of the commonwealth and the administrative regulations of the Department of Criminal Justice Training. Whatever we see or hear of a confidential nature or confided to us in our official capacity shall be kept confidential unless revelation is necessary in the performance of duty. We will never allow personal feelings, prejudices, ill will or friendships to influence our decisions.
We know that each of us is individually responsible for standards of professional performance. Therefore, we will make the utmost effort to improve our level of knowledge and competence.
We recognize the badge of our office as a symbol of public faith and accept it as a public trust to be held so long as we are true to the ethics of the police service. We will constantly strive to achieve these ideals, dedicating ourselves to our chosen profession - law enforcement. Penalty: verbal warning, written reprimand, loss of privileges, probation, suspension or expulsion.
(2)
The coordinator shall designate a minimum of one (1) Honor Code representative
during the first week of basic training. The Honor Code representative may be
replaced:
(a) For nonperformance of duties,
including conduct violations; or
(b) If the coordinator determines that a
rotating assignment as Honor Code representative is in the best interest of the
class.
(3) All recruits
shall report Honor Code violations to the Honor Code representative who shall
report the offense to the class coordinator. The representative shall recommend
the penalty to be imposed for the violation.
(4) All disciplinary procedures contained in
this administrative regulation shall apply to the Honor Code violation. The
department may pursue separately any additional offenses discovered during the
investigation of the Honor Code violation. The department may charge a recruit
with an Honor Code violation without a prior report from the Honor Code
representative. A penalty recommendation for the violation shall be solicited
from the Honor Code representative.
Section 8. Department's Responsibilities to
Recruit's Agency. In order to keep the agency advised of the recruit's progress
and performance in basic training so that the agency may adequately assess the
recruit's ability to perform required duties, the department shall provide the
following to the police chief, sheriff or chief administrator of the recruit's
agency:
(1) Recruit performance report which
shall be completed at least three (3) times throughout the current
KLEC-approved basic training course and shall include recruit conduct,
demonstrated leadership abilities, examination scores, physical fitness scores
and overall effort on performance, observed social and interpersonal skills,
and appearance;
(2) Immediate
notice of specific nonperformance or lack of progress;
(3) Immediate notice of any off-campus
activity which reflects negatively on the profession, including the following:
(a) Parking a marked police vehicle at a:
1. Bar;
2. Tavern;
3. Lounge;
4. Nightclub; or
5. Other establishment with the primary
purpose of serving alcoholic beverages;
(b) Disorderly conduct;
(c) Speeding; or
(d) Other behavior that gives rise to a
citizen's complaint;
(4)
Written notice of any conduct or Honor Code penalty imposed upon the
recruit;
(5) Notice if a recruit
has been charged with a violation of a conduct or Honor Code requirement and
has requested a hearing;
(6) Notice
if a recruit has been removed from training pending an initial appearance
before the commissioner as defined in Section 10 of this administrative
regulation, or if a recruit has been removed from training pending a
disciplinary hearing as defined in Section 14(3) of this administrative
regulation; and
(7) Immediate
notice of concerns related to the recruit's safety, or physical or emotional
health.
Section 9.
Summary Discipline. Except for summary discipline, a penalty shall not be
imposed upon a recruit unless charges have first been brought by the legal
officer.
(1) The department staff members
listed in this subsection may impose the specified penalties summarily without
meeting the requirements of the formal disciplinary procedures provided by
Sections 10 through 15 of this administrative regulation. To have the authority
to impose summary discipline, the staff member shall have reasonable grounds to
believe the recruit has engaged in the misconduct.
(a) A department instructor may summarily
impose a verbal warning.
(b) The
section supervisor, branch manager, director, or commissioner may summarily
impose a verbal warning, or written reprimand.
(c) The branch manager, director, or
commissioner may summarily impose a verbal warning, written reprimand, or loss
of privileges consisting only of a change in curfew.
(2) Before imposing a penalty summarily, the
staff member shall give the recruit the opportunity to give an
explanation.
(3) A summarily
imposed penalty shall be reviewed by, and may be rescinded or modified by, the
immediate supervisor of the staff member imposing the penalty. The reviewer
shall provide the recruit with the opportunity to give an
explanation.
Section 10.
Removal From Training Pending an Initial Appearance Before the Commissioner.
(1) If a charge is filed against a recruit,
the commissioner or director may remove the recruit from some or all training
until the recruit's initial appearance before the commissioner if he has
reasonable grounds to believe the alleged misconduct took place and:
(a) He has reasonable suspicion to believe
the recruit would be dangerous or disruptive if not removed; or
(b) The recruit has been charged with
misconduct for which suspension or expulsion is authorized, and the facts
demonstrate that suspension or expulsion is the appropriate penalty if the
recruit is found guilty of the conduct violation.
(2) A recruit who has been removed from
training pending an initial appearance before the commissioner shall be
provided the initial appearance within three (3) training days of the
removal.
Section 11.
Complaint. Anyone having reasonable grounds to believe that a recruit has
violated any of the conduct or Honor Code requirements identified in this
administrative regulation may file a complaint with the section supervisor.
This complaint shall be in writing setting forth the facts upon which the
complaint is based.
Section 12.
Investigation by Section Supervisor.
(1) If
the section supervisor or his or her designee receives a complaint of or
witnesses apparent misconduct, he or she shall take statements and otherwise
investigate the matter.
(2) After
investigating the matter, the section supervisor shall:
(a) Take no action if none is justified by
the evidence;
(b) Impose
appropriate summary discipline; or
(c) File, with the legal officer, a written
request that charges be brought against the recruit. The request for charges
shall describe the alleged misconduct and designate the specific conduct
requirements violated. All pertinent evidence and documents including the
complaint, and statements of the recruit and witnesses shall be forwarded to
the legal officer.
Section
13. Review by Legal Officer; Placing Charges.
(1) The legal officer shall review the
request for charges and the supporting evidence and documents.
(2) The legal officer may make or cause
further inquiry into the matter for additional information.
(3) The legal officer shall:
(a) File charges against the recruit as he
believes are justified by the evidence; or
(b) Deny the request for charges if the
evidence does not support any charges. If the legal officer declines to file
charges, he shall provide the commissioner with a statement of his reasons for
not filing charges.
(4)
The charging document shall:
(a) Be in
writing;
(b) Particularly describe
the alleged misconduct so as to reasonably inform the recruit of the nature of
the allegation;
(c) State the time,
date, and place the recruit shall make an initial appearance before the
commissioner to answer the charges;
(d) Be signed by the legal officer;
and
(e) Be served upon the recruit
at least forty-eight (48) hours before his initial appearance before the
commissioner.
Section
14. Initial Appearance Before the Commissioner.
(1) The initial appearance before the
commissioner shall be held no more than five (5) training days after the
charges have been served on the recruit. If the recruit after receiving proper
notice, fails to appear, the commissioner may proceed in his absence and the
recruit shall be notified in writing of any action taken.
(2) At the initial appearance before the
commissioner:
(a) The legal officer shall:
1. Read the charges to the recruit;
and
2. Explain to the recruit:
a. The charges;
b. His right to a hearing in accordance with
KRS Chapter 13B; and
c. His right to
be represented by legal counsel.
(b) The legal officer shall explain to the
recruit the possible answers to the charges: admit the charges are true, deny
the charges are true but waive a hearing, or deny the charges are true and ask
for a hearing.
(c) The commissioner
shall advise the recruit of the penalty which shall be imposed if the recruit
admits the charges or waives a hearing.
(d) The recruit shall be requested to answer
the charges.
(e) If the recruit
chooses to waive his rights and admits the charges or denies the charges but
waives a hearing:
1. He shall be permitted to
make a statement of explanation; and
2. The commissioner shall impose a
penalty.
(f) If the
recruit denies the charges and requests a hearing, the commissioner shall set a
date for the hearing. A notice of administrative hearing as required by
KRS
13B.050 shall be served on the recruit within
forty-eight (48) hours of the initial appearance before the
commissioner.
(g) If the recruit
remains silent or refuses to answer the charges, the commissioner may suspend
the recruit from training until the recruit answers the charges or the legal
officer drops the charges.
(3) The commissioner may remove the recruit
from some or all training until the hearing if:
(a) He has reasonable grounds to believe the
recruit would be dangerous or disruptive if not removed; or
(b) The recruit is charged with misconduct
serious enough to authorize expulsion as a possible penalty.
Section 15. Hearing.
The hearing shall be conducted in accordance with KRS Chapter 13B.
Section 16. Incorporation by Reference.
(1) DOCJT Form 151, "Applicant Confirmation",
05-08-14, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at Department of Criminal
Justice Training, Funderburk Building, Kit Carson Drive, Richmond, Kentucky
40475-3102, Monday through Friday, 8:00 a.m. to 4:30 p.m.
Notes
STATUTORY AUTHORITY: KRS 15A.070(5)
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