§70-3311.

§70-3311.
   
   A. There is hereby re-created a Council on Law Enforcement Education
   and Training. The Council shall be composed of six (6) police or peace
   officers, one selected by each of the following: the Court of Criminal
   Appeals, the Commissioner of Public Safety, the Board of Directors of
   the Oklahoma Sheriffs and Peace Officers Association, the Oklahoma
   Association of Police Chiefs, the Board of Directors of the Fraternal
   Order of Police and the Governor. The Director selected by the Council
   shall be an ex officio member of the Council and shall act as
   Secretary. The Council on Law Enforcement Education and Training shall
   select a chair and vice-chair from among its members. Members of the
   Council on Law Enforcement Education and Training shall not receive a
   salary for duties performed as members of the Council, but shall be
   reimbursed for their actual and necessary expenses incurred in the
   performance of Council duties pursuant to the provisions of the State
   Travel Reimbursement Act.
   
   B. The Council on Law Enforcement Education and Training is hereby
   authorized and directed to:
   
   1. Appoint a larger Advisory Council to discuss problems and hear
   recommendations concerning necessary research, minimum standards,
   educational needs, and other matters imperative to upgrading Oklahoma
   law enforcement to professional status.
   
   2. Promulgate rules with respect to such matters as certification,
   revocation, suspension and withdrawal of certification, minimum
   courses of study, testing and test scores, attendance requirements,
   equipment and facilities, minimum qualifications for instructors,
   minimum standards for basic and advanced in-service courses, and
   seminars for Oklahoma police and peace officers.
   
   3. Authorize research, basic and advanced courses, and seminars to
   assist in program planning directly and through subcommittees.
   
   4. Authorize additional staff and services necessary for program
   expansion.
   
   5. Recommend legislation necessary to upgrade Oklahoma law enforcement
   to professional status.
   
   6. Establish policies and regulations concerning the number,
   geographic and police unit distribution, and admission requirements of
   those receiving tuition or scholarship aid available through the
   Council. Such waiver of costs shall be limited to duly appointed
   members of legally constituted local, county, and state law
   enforcement agencies on the basis of educational and financial need.
   
   7. Appoint a Director and an Assistant Director to direct the staff,
   inform the Council of compliance with the provisions of this section
   and perform such other duties imposed on the Council by law.
   
   8. Enter into contracts and agreements for the payment of classroom
   space, food, and lodging expenses as may be necessary for law
   enforcement officers attending any official course of instruction
   approved or conducted by the Council. Such expenses may be paid
   directly to the contracting agency or business establishment. The food
   and lodging expenses for each law enforcement officer shall not exceed
   the authorized rates as provided for in the State Travel Reimbursement
   Act.
   
   9. Certify canine teams, consisting of a dog and a handler working
   together as a team, trained to detect controlled dangerous substances.
   
   C. Failure of the Legislature to appropriate necessary funds to
   provide for expenses and operations of the Council on Law Enforcement
   Education and Training shall not invalidate other provisions of this
   section relating to the creation and duties of the Council.
   
   D. 1. No person shall be eligible to complete a basic police course
   approved by the Council until the Oklahoma State Bureau of
   Investigation and the Federal Bureau of Investigation have reported to
   the submitting agency that such person has no felony record, and the
   employing agency has reported to the Council that such person has
   undergone psychological testing as provided for in paragraph 2 of this
   subsection, and the applicant has certified the completion of a high
   school diploma or a GED equivalency certificate and that he is not
   participating in a deferred sentence agreement for a felony or a crime
   involving moral turpitude.
   
   2. No person shall be certified as a police or peace officer in this
   state unless the employing agency has reported to the Council that:
   
   a. the Oklahoma State Bureau of Investigation and the Federal Bureau
   of Investigation have reported that such person has no record of a
   conviction of a felony or crime involving moral turpitude,
   
   b. such person has undergone psychological evaluation such as the
   Minnesota Multiphasic Personality Inventory, the California
   Personality Inventory, or other psychological instrument approved by
   the Council on Law Enforcement Education and Training. The
   psychological instrument utilized shall be evaluated by a psychologist
   licensed by the State of Oklahoma, and the employing agency shall
   certify to the Council that the evaluation was conducted in accordance
   with this provision and that the employee/applicant is suitable to
   serve as a peace officer in the State of Oklahoma. Nothing herein
   shall preclude a psychologist licensed in the state from employing
   additional psychological techniques to assist the employing agency's
   determination of the employee/applicant's suitability to serve as a
   peace officer in the State of Oklahoma. Any person found not to be
   suitable for employment or certification by the Council shall not be
   employed, retained in employment as a peace officer, or certified by
   the Council for at least one (1) year, at which time the
   employee/applicant may be re-evaluated by a psychologist licensed by
   the State of Oklahoma. This section shall also be applicable to all
   reserve peace officers in the State of Oklahoma,
   
   c. such person possesses a high school diploma or a GED equivalency
   certificate, provided this requirement shall not affect those persons
   who are already employed as a police or peace officer prior to
   November 1, 1985, and
   
   d. such person is not participating in a deferred sentence agreement
   for a felony or a crime involving moral turpitude,
   
   and the Council has determined that such person has satisfactorily
   completed a basic police course of not less than one hundred twenty
   (120) hours of accredited instruction for reserve police officers and
   reserve deputies and not less than three hundred (300) hours for
   full-time salaried police or peace officers from the Council or
   curriculum or course of study approved by the Council. Said training
   shall include training in crime and drug prevention, crisis
   intervention, and youth and family intervention techniques.
   
   3. Every person who has not been certified as a police or peace
   officer and is duly appointed or elected as a police or peace officer
   shall hold such position on a temporary basis only, and shall, within
   one (1) year from the date of appointment or taking office, qualify as
   required in this subsection or forfeit such position. In computing the
   one (1) year, all service shall be cumulative from date of first
   appointment or taking office as a police or peace officer with any
   department in this state. The Council may extend the time requirement
   specified in this paragraph for good cause as determined by the
   Council. An elected police or peace officer shall be eligible to
   enroll in a basic police course in accordance with this subsection
   upon being elected. A duty is hereby imposed upon the employing agency
   to withhold payment of the compensation or wage of said unqualified
   officer. If the police or peace officer fails to forfeit the position
   or the employing agency fails to require the officer to forfeit the
   position, the district attorney shall file the proper action to cause
   the forfeiting of such position. The district court of the county
   where the officer is employed shall have jurisdiction to hear the
   case.
   
   4. The Council may certify officers who have completed a course of
   study in another state deemed by the Council to meet standards for
   Oklahoma peace officers.
   
   5. For purposes of this section, a police or peace officer is defined
   as a full-time duly appointed or elected officer who is paid for
   working more than twenty-five (25) hours per week and whose duties are
   to preserve the public peace, protect life and property, prevent
   crime, serve warrants, and enforce laws and ordinances of this state,
   or any political subdivision thereof; provided elected sheriffs and
   their deputies and elected and appointed chiefs of police shall meet
   the requirements of this subsection within the first twelve (12)
   months after assuming the duties of the office to which they are
   elected or appointed; provided further that this section shall not
   apply to persons designated by the Director of the Department of
   Corrections as peace officers pursuant to Section 510 of Title 57 of
   the Oklahoma Statutes.
   
   E. No person shall be certified as a police or peace officer by the
   Council or be employed by the state, a county, a city, or any
   political subdivision thereof, who has been convicted of a felony or a
   crime involving moral turpitude unless a full pardon has been granted
   by the proper agency; however, any person who has been trained and
   certified by the Council on Law Enforcement Education and Training and
   is actively employed as a full-time peace officer as of November 1,
   1985, shall not be subject to the provisions of this subsection for
   convictions occurring prior to November 1, 1985.
   
   F. Every person employed as a police or peace officer in this state
   shall be fingerprinted by the employing law enforcement agency. One
   set of said impressions shall be mailed to the Oklahoma State Bureau
   of Investigation and one set to the Federal Bureau of Investigation,
   Washington, D.C. within ten (10) days from the initial date of
   employment.
   
   G. 1. The Council is hereby authorized to provide to any employing
   agency the following information regarding a person who is or has
   applied for employment as a police or peace officer of such employing
   agency:
   
   a. Oklahoma State Bureau of Investigation and Federal Bureau of
   Investigation reports,
   
   b. administration of the psychological tests provided for herein,
   
   c. performance in the course of study or other basis of certification,
   
   d. previous certifications issued, and
   
   e. any administrative or judicial determination denying certification.
   
   2. An employing agency shall not be liable in any action arising out
   of the release of contents of personnel information relevant to the
   qualifications or ability of a person to perform the duties of a
   police or peace officer when such information is released pursuant to
   written authorization for release of information signed by such person
   and is provided to another employing agency which has employed or has
   received an application for employment from such person.
   
   H. A law enforcement agency employing police or peace officers in this
   state shall report the hiring, resignation, or termination for any
   reason of a police or peace officer to the Council at a time
   established by the Council. Failure to comply with the provisions of
   this subsection may disqualify a law enforcement agency from
   participating in training programs sponsored by the Council.
   
   I. As used in this section, "employing agency" means a political
   subdivision or law enforcement agency which either has employed or
   received an employment application from a person who, if employed,
   would be subject to this section.
   
   J. 1. Revocation of certification proceedings shall be commenced by
   filing with the Council a complaint, on a form approved by the
   Council, verified by the complainant. The sole issue to be determined
   at the hearing shall be whether the person has been convicted of a
   felony or crime involving moral turpitude.
   
   2. Suspension of certification proceedings shall be commenced by
   filing with the Council a complaint, on a form approved by the
   Council, verified by the complainant. The sole issue to be determined
   at the hearing shall be whether the person has entered a plea of
   guilty or nolo contendere to a felony, a crime involving moral
   turpitude or a misdemeanor domestic violence offense and is currently
   participating in a deferred sentence which has not been completed.
   
   3. Upon the filing of the verified complaint, the Council's Executive
   Director shall conduct a preliminary investigation to determine
   whether:
   
   a. there is reason to believe the person has been convicted of a
   felony or crime involving moral turpitude, or
   
   b. there is reason to believe the person has entered a plea of guilty
   or nolo contendere to a felony, a crime involving moral turpitude or a
   domestic violence offense and is currently participating in a deferred
   sentence agreement.
   
   4. If the Executive Director does not find there is reason to believe
   the person has been so convicted, or has entered a plea of guilty or
   nolo contendere to a felony, a crime involving moral turpitude or a
   misdemeanor domestic violence offense and is currently participating
   in a deferred sentence agreement, the person shall remain certified.
   The proceedings for the revocation or suspension of certification
   shall be in accordance with Articles I and II of the Administrative
   Procedures Act.
   
   K. 1. The Council shall revoke the certification of any person upon
   determining that such person has been convicted of a felony or crime
   involving moral turpitude; provided, that if the conviction has been
   reversed, vacated or otherwise invalidated by an appellate court, such
   conviction shall not be the basis for revocation of certification;
   provided further, that any person who has been trained and certified
   by the Council on Law Enforcement Education and Training and is
   actively employed as a full-time peace officer as of November 1, 1985,
   shall not be subject to the provisions of this subsection for
   convictions occurring prior to November 1, 1985.
   
   2. The Council shall suspend the certification of any person upon
   determining that such person has entered a plea of guilty or nolo
   contendere to a felony, a crime involving moral turpitude or a
   misdemeanor domestic violence offense and is currently participating
   in a deferred sentence agreement; provided, that if the plea of guilty
   or nolo contendere has been withdrawn, and the case dismissed or
   vacated, such plea shall not be the basis for suspension of
   certification; provided further, that any person who has been trained
   and certified by the Council and is actively employed as a full-time
   peace officer shall not be subject to the provisions of this
   subsection for convictions occurring prior to November 1, 1985.
   
   L. 1. Every canine team in the state trained to detect controlled
   dangerous substances shall be certified, by test, in the detection of
   such controlled dangerous substances and shall be recertified annually
   so long as the canine is used for such detection purposes. The
   certification test and annual recertification test provisions of this
   subsection shall not be applicable to canines that are owned by a law
   enforcement agency and that are certified and annually recertified in
   the detection of controlled dangerous substances by the United States
   Custom Service.
   
   2. The fee for the certification test shall be Two Hundred Dollars
   ($200.00) and the annual recertification test fee shall be One Hundred
   Dollars ($100.00) per canine team. A retest fee of Fifty Dollars
   ($50.00) will be charged if the team fails the test. No such fee shall
   be charged to any local, state or federal government agency. The fees
   provided for in this paragraph shall be deposited to the credit of the
   C.L.E.E.T. Fund created pursuant to Section 1313.2 of Title 20 of the
   Oklahoma Statutes.
   
   M. All tribal police officers of any Indian tribe or nation which has
   entered into a cross-deputization agreement with the State of Oklahoma
   or any political subdivision of the State of Oklahoma pursuant to the
   provisions of Section 1221 of Title 74 of the Oklahoma Statutes shall
   be eligible to enroll in and receive the training provided for in this
   section under the same terms and conditions that such training is made
   available to members of the law enforcement agencies of the State of
   Oklahoma and its political subdivisions, except that a fee of Three
   Dollars and sixteen cents ($3.16) per hour of training shall be
   charged for all training provided pursuant to this subsection. Such
   fees shall be deposited to the credit of the C.L.E.E.T. Fund created
   pursuant to Section 1313.2 of Title 20 of the Oklahoma Statutes.
   
   N. If an employing law enforcement agency in this state has paid the
   salary of a person while that person is completing in this state a
   basic police course approved by the Council and if within one (1) year
   after certification that person resigns and is hired by another law
   enforcement agency in this state, the second agency or the person
   receiving the training shall reimburse the original employing agency
   for the salary paid to the person while completing the basic police
   course by the original employing agency.