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New York Criminal Procedure Law Section 2.30 - Training Requirements For Peace OfficersLegal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 2.30 - Training Requirements For Peace Officers Sponsored Links
§ 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 municipal
police 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.
Last modified: July 31, 2006 |