ARC 6545C

ARC 6545C

LAW ENFORCEMENT ACADEMY[501]

Notice of Intended Action

Proposing rule making related to certification and training

and providing an opportunity for public comment

The Iowa Law Enforcement Academy hereby proposes to amend Chapter 2, "Minimum Standards for Iowa Law Enforcement Officers," Chapter 3, "Certification of Law Enforcement Officers," Chapter 4, "Instructor Certification Criteria for the Training of Peace Officers, Reserve Officers, Jailers and Public Safety Telecommunicators," Chapter 9, "Jailer Training," and Chapter 10, "Reserve Peace Officers," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 80B.11, 80B.11A and 80B.11C.

State or Federal Law Implemented

This rule making implements, in whole or in part, 2022 Iowa Acts, House File 803.

Purpose and Summary

The Academy frequently reviews and updates its rules to reflect changes to curricula and procedures. The proposed amendments to Chapters 3, 4 and 9 reflect changes made to the basic academy and jail academy curricula. The proposed amendments to Chapters 2 and 10 related to physician assistants are mandated by 2022 Iowa Acts, House File 803.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Academy Council for a waiver of the discretionary provisions, if any, pursuant to 501—Chapter 16.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Academy no later than 4:30 p.m.on October 11, 2022. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making actions are proposed:

Item 1. Amend subrule 2.1(11) as follows:

2.1(11) Is examined by a licensed physician, physician assistant or surgeon and meets the physical requirements necessary to fulfill the responsibilities of a law enforcement officer.

Item 2. Amend rule 501—3.2(80B) as follows:

501—3.2(80B) Law enforcement status forms furnished to academy. Within 20 ten days of any of the following occurrences, the academy will be so advised by use of prescribed forms:

1.Any hiring of personnel.

2.Change of status of existing personnel (e.g., promotions).

3.Any termination of employment of a law enforcement officer or termination of appointment as a reserve peace officer. The notification must state whether the law enforcement officer or reserve peace officer was discharged or removed for serious misconduct or whether the officer left, voluntarily quit, or was laid off when disciplinary investigation or action was imminent or pending which could have resulted in the officer being discharged or removed for serious misconduct. Upon request by the council, the employing agency shall provide any additional information or documentation about the officer including confidential records or information under Iowa Code section 22.7 or other applicable law to the council.

Item 3. Amend subrule 3.4(1) as follows:

3.4(1) Have satisfactorily completed a two-year or four-year police science or criminal justice program of which that includes at least 20 credit hours were dedicated to police science or criminal justice coursework at an accredited educational institution and documentation furnished to the academy.

Item 4. Amend subrule 3.5(1) as follows:

3.5(1) Program administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 hours

a. Duty assignments.

b. a.Examinations.

c. b.Family day.

d. c.Graduation.

e. d.Registration/orientation.

f. e.Student advisor meeting.

Item 5. Amend subrule 4.1(1) as follows:

4.1(1) Instructor designation. All instructors of a council-approved training program, excluding agency in-service training, will be designated as either general or a subject matter expert (SME). General instructors will be peace officers, jailers, jail administrators or public safety telecommunicators instructing in subjects relevant to their profession. Subject matter expert instructors will be those instructing subjects in the areas requiring a specialized academic degree, certification, licensure or experience. Final The final decision as to whether an instructor is in the general or SME area rests with the academy council or the academy director.

Item 6. Amend subrule 4.2(1) as follows:

4.2(1) Experience and training. The following are minimum experience and training requirements that an instructor (general) must meet in order to become certified:

a. A minimum of three years' certified 18 months of experience (peace officer, jailer or public safety telecommunicator) in Iowa after being certified by the state of Iowa, with a majority portion of this experience in the subject area to be instructed. An instructor with less than three years of certified experience must be mentored and supervised by an instructor approved by the Iowa law enforcement academy in the subject matter being taught; and

b. Successful completion of an instructor training course consisting of a minimum of 16 hours of instruction or have provided a minimum of 60 hours of instruction within the past three years and be able to verify the same upon request.

Item 7. Amend paragraph 9.1(1)"b" as follows:

b. Approved 40-hour training program curriculums shall include the following topics:

(1)No change.

(2)Prison rape elimination act (PREA) (Title 42 U.S.C. 147) (recommended prerequisite).

(3)Bloodborne pathogens (OSHA standard as set out in CFR Part 1910.1030(g)(2)) (recommended prerequisite).

(4) to (7) No change.

(8)Medical screening at intake Intake procedures (201—subrule 50.15(6)).

(9) and (10) No change.

(11)DNA submissions (recommended prerequisite).

(12)No change.

(13)Medication management ( 201—subrule 50.15(2)) (recommended prerequisite).

(14) to (16) No change.

Item 8. Amend subrule 9.1(2) as follows:

9.1(2) Annual jailer in-service curriculum. During each fiscal year of employment following completion of the required basic training as set forth in subrule 9.1(1), jailers and the administrator of a jail shall complete 20 hours of in-service training, not to include proficiency in chemical agents or firearms qualification. All instructors shall be certified by academy personnel utilizing certification standards adopted by the academy.

a. The following is a list of annually (every year) required topics (10 hours minimum): 12 hours

(1)Suicide prevention/mental illness (201—paragraph 50.15(6)"c"). 3 hours minimum

(2)Prison rape elimination act (PREA) (Title 42 U.S.C. 147). 1 hour minimum

(3)Emergency evacuation plan (201—subrule 50.9(3)).

(4)Bloodborne pathogens (OSHA standard as set out in CFR Part 1910.1030(g)(2)). 1 hour minimum

(5)Legal: training topics in paragraphs "1" through "5" must include references to the Iowa Code, jail standards and relevant case law. 2 hours

1.Grievance and disciplinary procedures (201—subrule 50.21(4)).

2.Constitutional rights of inmates (201—Chapter 50).

3.Introduction to Iowa criminal law as applicable to a jail setting (201—Chapter 50).

4.Affirmative duty to intervene/intercede.

5.Use of force (Iowa Code sections 704.1, 704.2, 704.2A, 704.2B, 704.8).

(6)Cultural diversity including implicit bias (Iowa Code section 80B.11G). 2 hours minimum

(7)Communication skills including de-escalation (Iowa Code section 80B.11G). 1 hour minimum

(8)Methods of restraining violent inmates. 1 hour minimum

(9)Medical screening at intake Intake procedures (201—subrule 50.15(6)). 1 hour minimum

b. Required biannually (every two years):

CPR/AED/airway obstruction – adult. 4 hours

c. Eight Ten hours of additional training selected by the jail administrator or sheriff.

Item 9. Amend subrule 9.2(2) as follows:

9.2(2) Annual holding facility in-service curriculum.

a. Administrators and supervisors of holding facilities shall complete five hours of in-service training, not to include hours spent in maintaining required certification or proficiency in first aid, CPR/AED/airway obstruction – adult, chemical agents, or handling of firearms.

b. Required annually (every year):

(1)Suicide prevention (201—paragraph 50.15(6)"c"). 1 hour minimum

(2)Emergency evacuation plan (201—subrule 50.9(3)).

(3)Bloodborne pathogens (OSHA standard as set out in CFR Part 1910.1030(g)(2)). 1 hour minimum

(4)Prison rape elimination act (PREA) (Title 42 U.S.C. 147).

Item 10. Amend subrule 10.1(5) as follows:

10.1(5) Is of good moral character as determined by a thorough background investigation, including a fingerprint search conducted on local, state and national fingerprint files, and has not been convicted or adjudicated of any offense listed in 501—paragraph 2.1(5)"a." 501—subrule 2.1(5).

Item 11. Amend subrule 10.1(10) as follows:

10.1(10) Is examined by a licensed physician, physician assistant or surgeon and meets the physical requirements as defined by the law enforcement agency necessary to fulfill the responsibilities of the reserve peace officer position being filled.