Ala. Admin. Code r. 650-X-4-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 650-X-4-.06 - Waiver For Lateral Entry Equivalency Training

(1) The Commission may waiver the completion of any course required by Rule 650-X-4-.01 of the regulations upon presentation of documentary evidence by a department that a gainfully employed (full-time or part-time) officer has received equivalent training in another jurisdiction or through federal or department of defense law enforcement experience.

(a) If a law enforcement agency has a properly established and bona-fide law enforcement reserve program, and if a duly appointed reserve officer is qualified and commissioned with the power of arrest, then the Chief Law Enforcement Officer may submit a letter of request to the Commission requesting the reserve officer be considered for Waiver of Lateral Entry Equivalency training. Reserve law enforcement officers who are approved for this training will be admitted to the refresher training program on a space-available status only and may not occupy a position in the class if participation prevents a gainfully employed law enforcement officer from attending.

(b) Any reserve law enforcement officer who attends this program must be covered by Workers Compensation Insurance.

(2) Definitions:

(a) Law Enforcement Officer: One who is responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or highway laws of the State of Alabama. A full-time federal or military law enforcement officer who has powers of arrest, authority to carry a firearm, and is classified by their agency in a law enforcement position.

(b) Basic Police Training Course: A basic course recognized by a state commission, state board, or agency which leads to licensing or certification as a law enforcement officer; or a basic course sponsored by the federal government for its law enforcement officers; or a basic course conducted by the Department of Defense for personnel classified as law enforcement personnel under their military specialty codes, i.e., Military Occupation Code (MOS), Air Force Specialty Code (AFSC).

(3) The Commission will evaluate the documentation of equivalent training presented by the department to determine if comparative compliance is achieved and whether the applicant is eligible for a Waiver of Lateral Entry Equivalency Training.

(4) If equivalency training is approved, the applicant will qualify to attend the Law Enforcement Officer Refresher/Lateral Entry training Course to equate previous training with current standards.

(5) Equivalency of training evaluation for an applicant Certified or licensed as a law enforcement officer in another State.

(a) An applicant who is certified as a law enforcement officer by the Peace Officers Standards and Training Commission of another State, whose Certification in that state is valid, in good standing, and meets all other requirements for lateral entry equivalency training as outlined in these Rules, is deemed eligible for Waiver of Lateral Entry Equivalency Training. Provided however, that following his/her certification or licensing in said state, the applicant was gainfully employed as a full-time law enforcement officer by a law enforcement agency in said state. In addition, the applicant must have been continuously employed for more than one (1) year following certification, and the applicant must not have a break in service from full-time employment as a law enforcement officer of more than two (2) years in said state.

(6) Equivalency of training evaluation for an applicant coming from service with a Federal law enforcement agency or U.S. Military Police shall be conducted under the Points System. For the purpose of determining equivalency of training under the points system, the terms listed below shall have the following meaning and values:

(a) Experience: The number of years the applicant has been employed full time as a law enforcement officer after completing an entry-level basic police training course.

(b) Education: An earned academic degree awarded by a post-secondary institution accredited by the Southern Association of Colleges and Schools (SACS) or its equivalent.

(7) Equivalency of training is achieved under the Points System evaluation when the applicant qualifies with ten (10) or more points based on the following schedule:

Years of full-time Law Enforcement Experience:
Less than one (1)	0
One (1) to five (5) years	5
Five years, 1 day, to 10 years	6
Ten years, 1 day, to 15 years	7
Fifteen years, 1 day, to 20 years	8
Twenty years and one day or more	9
Basic Police Training
less than 280 hours	0
280 hours - 319 hours	1
320 hours - 479 hours	2
480 hours - 639 hours	3
640 hours - 800 hours	4
801 hours - 959 hours	5
960 hours or more	6
Education-accredited Post-secondary (Credit allowed for one Degree. Correspondence courses not eligible)
Associate Degree	1
Bachelor Degree	2
Masters Degree or above	3

(a) Military Police Applicant. Be a graduate of a formal Military Police "Law Enforcement" Basic Police Training Course. Must have been performing duties in a law enforcement function the last four (4) years prior to separation and must not have a break in service in excess of two (2) years following military separation.

(b) Federal Law Enforcement Applicant. Be a graduate of a formal Federal Law Enforcement Basic Police Training Course. Must have been performing duties in a law enforcement function the last four (4) years prior to separation from Federal Service and must not have a break in service in excess of two (2) years following Federal Service separation.

(8) The following applicants will not be considered for eligibility:

(a) Applicants who do not meet APOSTC standards for certification.

(b) Applicants who have been "Grandfathered" or "exempted" from training.

(c) Applicants whose certification has been suspended or revoked.

(d) Applicants who have a primary Security Police occupational code.

(9) Refresher/Lateral Entry Course. Those applicants who have received an acceptable evaluation of their experience, education, and training are required to attend the Commission Approved Refresher/Lateral Entry training course to be conducted at an assigned regional academy. The course curriculum will be developed and updated as needed by the curriculum committee and approved by the Commission. No credit will be given for a partially completed training course. Trainees shall not be absent more than 5% of the required training hours. The following mandated subjects must be passed. Any trainee who fails to pass (a), (b), (c), or (d) shall be required to attend the full basic Academy.

(a) Pass with an overall academic average of not less than 70%.

(b) Pass the legal issues exam with a score of not less than 70%.

(c) Pass the physical agility test.

(d) Pass the Commission approved Firearms Manipulation Skills Test before live fire firearms training. Any trainee who fails to pass the Firearms Manipulation Skills Test will be dismissed from the academy class.

(e) Pass the Commission approved Law Enforcement Emergency Vehicle Operation Training and meet the minimum passing standards on one (1) of three (3) qualification attempts on the cumulative driver skills course. This course is designed on a pass/fail format.

1. Any trainee who fails to meet the minimum passing standards of the cumulative driver skills course on one (1) of the three (3) attempts, will be allowed, at the written request of the employing Agency, to attend the next available academy to re-take the Law Enforcement Emergency Vehicle Operations Training course (provided the trainee passes all other phases of the academy session and does not exceed the statutory six (6) month (180 days) provisional appointment time). If the trainee fails to pass driver training at this point, the trainee is deemed to have failed the Academy and is barred from employment and certification as a law enforcement officer for two (2) years.

(f) Pass two (2) of three (3) attempts on the firearms course. A minimum score of seventy is required to pass each attempt.

1. If a trainee does not pass ANY of the three (3) qualification attempts then the trainee is deemed to have failed the Academy and is barred from employment and certification as a law enforcement officer for two (2) years.

2. Any trainee who passes one (1) of the three (3) attempts, but fails to pass twice, will be allowed, at the written request of the employing Agency, to attend the next available academy to take the Commission approved firearms training and qualification (provided the trainee passes all other phases of the academy session and does not exceed the statutory six (6) month (180 days) provisional appointment time). If the trainee fails to pass firearms training at this point, the trainee is deemed to have failed the Academy and is barred from employment and certification as a law enforcement officer for two (2) years.

(g) Applicant must present proof of CPR Training prior to admission to the course.

(10) Procedures:

(a) All Commission procedures applicable to the certification of newly employed non-certified officers must be followed when applying for Lateral Entry.

(b) All Commission application forms including, but not limited to, the electronic application and paper documents are required. Certified true copies of the records of previous law enforcement training, including the academy training curriculum used in providing the basic law enforcement training to the applicant. Any other records or documents as may be required by the Commission.

(c) The applicant will arrange for the post-secondary schools, colleges, and universities to forward a certified true copy of post-secondary degrees earned, to the Peace Officers Standards and Training Commission.

Ala. Admin. Code r. 650-X-4-.06

Effective date: September 29, 1983. Repealed: Filed May 8, 1995; effective June 12, 1995.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Previous Rule .05 was renumbered .06 per certification published August 31, 2022; effective October 15, 2022.

Author: R. Alan Benefield, Executive Secretary

Statutory Authority:Code of Ala. 1975, §§ 36-21-40, 36-24-51.