TITLE 10 PUBLIC SAFETY AND LAW ENFORCEMENT

CHAPTER 29 LAW ENFORCEMENT ACADEMY

PART 5 REGIONAL/SATELLITE POLICE OFFICER BASIC ACADEMIES

10.29.5.1 ISSUING AGENCY: New Mexico Law Enforcement Academy - Training and Recruiting Division, Department of Public Safety, 4491 Cerrillos Road, Santa Fe, New Mexico 87505

[10-1-97; 10.29.5.1 NMAC – Rn, 10 NMAC 29.5.1, 7/1/01]

10.29.5.2 SCOPE: All law enforcement agencies and any other entities who operate a police academy or criminal justice certificate program in New Mexico.

[10-1-97; 10.29.5.2 NMAC – Rn, 10 NMAC 29.5.2, 7/1/01]

10.29.5.3 STATUTORY AUTHORITY: NMSA 1978, Section 29-7-4 (Repl. Pamp. 1994), NMSA 1978, Section 29-7-7 (Repl. Pamp. 1994), NMSA 1978, Section 29-7-7.1 (Repl. Pamp. 1994), NMSA 1978, Section 29-7-10 (Repl. Pamp. 1994)

[10-1-97; 10.29.5.3 NMAC – Rn, 10 NMAC 29.5.3, 7/1/01]

10.29.5.4 DURATION: Permanent

[10-1-97; 10.29.5.4 NMAC – Rn, 10 NMAC 29.5.4, 7/1/01]

10.29.5.5 EFFECTIVE DATE: October 1, 1997, unless a different date is cited at the end of a section.

[10-1-97, 4-16-98; 10.29.5.5 NMAC – Rn, 10 NMAC 29.5.5, 7/1/01]

10.29.5.6 OBJECTIVE: The purpose of part 5 is to establish procedures for implementation of a satellite academy program; to define the required content for such programs and to implement evaluation procedures to be utilized by the department of public safety training and recruiting division for satellite academies.

[10-1-97; 10.29.5.6 NMAC – Rn, 10 NMAC 29.5.6, 7/1/01]

10.29.5.7 DEFINITIONS: [Reserved]

10.29.5.8 CERTIFICATION

A. The New Mexico law enforcement academy board shall determine the maximum number of satellite academies which may be certified at any given time. The New Mexico law enforcement academy board shall weigh the impact on other academies, department of public safety training staff and the department of public safety training budget.

B. Approved satellite academy programs may not be sold, purchased, or transferred prior to New Mexico law enforcement academy board approval.

C. The following procedures must be adhered to by all basic law enforcement, certification by waiver and police radio dispatch academies and criminal justice certificate programs for the training program to be approved for certification in accordance with NMSA 1978, Section 29-7-1 et. al., (Repl. Pamp. 1997).

[3-15-80, 2-14-87, 4-11-89, 10-1-97, 4-16-98, 6-1-99; 10.29.5.8 NMAC – Rn, 10 NMAC 29.5.8, 7/1/01]

10.29.5.9 PROGRAM IMPLEMENTATION

A. An academy must undergo an accreditation process to ensure that the facilities, instructors, program management, and curriculum meet or exceed the standards and expectations established by the board and the director. Initial accreditation will involve a detailed review of all of the above. An academy will renew its accreditation every three (3) years. A renewal will automatically be processed by the department of public safety training and recruiting division, provided the academy has delivered at least three (3) basic training programs during the previous three (3) calendar years. In the event that an academy has not done so, it must complete the initial accreditation process prior to commencing another academy program. The director will publish a compliance manual for satellite academy accreditation.

B. All agencies and institutions requesting approval for each basic training programs must notify the department of public safety training and recruiting division and supply the following information for review and approval prior to any such program's implementation:

(1) Curriculum which must correspond with the current minimum standards of training for the requested program as set forth in 10.29.9.8 NMAC, effective January 1, 1998 (640 hours), Subsection A of 10.29.6 NMAC, effective January 1, 1999 (120 hours), or 10.29.10.8 NMAC, effective October 1, 1997. Curriculum is subject to change at the discretion of the New Mexico law enforcement academy board;

(2) List of department of public safety training and recruiting division certified instructors and their assigned course(s). Instructors must be certified through the department of public safety training and recruiting division, or instruction conducted by a non-certified instructor must be monitored by the department of public safety training and recruiting division certified instructor. Technical or high risk areas must be instructed by certified department of public safety training and recruiting division instructors; for example, firearms training - qualification must be conducted by a certified department of public safety training and recruiting division firearms instructor;

(3) Schedule of classes for the entire training period; and

(4) Roster of students' full names, dates of birth, and social security numbers.

C. For basic law enforcement and certification by waiver academies, comparable training facilities for the below listed proficiency areas must be available or contracted for by the requesting agency or instructor and inspected by the department of public safety training and recruiting division prior to approval.

(1) Comparable driving track facility;

(2) Comparable firearms range facility; and

(3) Comparable obstacle/agility course facility.

D. Upon receipt of this information, a thorough evaluation will be made and notification sent to the agency or institution advising the decision of the department of public safety training and recruiting division. In the event that the program is not approved, notification and recommendations will be sent advising the agency or institution of the program deficiencies. Once these deficiencies have been corrected, the program will again be examined and notification will be sent as to final disposition.

E. Once approval is granted, the agency or institution can conduct the program with the assurance that the program is comparable to or exceeds the minimum standards of training as established by the New Mexico law enforcement academy board. Any deviation from the previously approved program must be submitted to the department of public safety training and recruiting division for review and approval pending final certification of the program conducted.

F. Within two (2) weeks of the satellite academy start date, all fitness assessment scores, psychological testing reports and medical examination reports shall be received by the department of public safety training and recruiting division.

G. A minimum of ten (10) students must be identified prior to commencing an academy program. A hardship waiver must be applied for and approved by the director if fewer than ten (10) students are identified. There is no maximum amount of students. However, an appropriate instructor to student ratio must be maintained. This is especially important in the critical skill areas of physical fitness, firearms, defensive tactics, emergency vehicle operations, and situational training exercises. The certification of students completing an academy program is important. A low certification percentage, as determined by the board, will be grounds for non-renewal of academy accreditation. Students will be allowed two (2) opportunities to pass the certification exam.

H. The board will establish minimum guidelines for instructor and student conduct.

I. The board will determine which academies are authorized to conduct basic law enforcement training, certification by waiver of previous training, and radio dispatcher training programs. The type of student i.e.; pre-service, local law enforcement, or state law enforcement; allowed to attend a satellite academy program must be approved by the board.

[3-15-80, 2-14-87, 4-11-89, 10-1-97, 4-16-98; 10.29.5.9 NMAC – Rn, 10 NMAC 29.5.9, 7/1/01]

10.29.5.10 PROGRAM COMPLETION - Upon completion of the satellite program, the agency/institution must provide the following information to the department of public safety training and recruiting division prior to administration of the law enforcement officer certification examination (LEOCE) or police radio dispatcher certification examination (PRDCE).

A. Final (revised) student roster: full name, date of birth, social security number, and mailing address of each student;

B. Final (revised) class schedule: dates, time, and length of instruction. Each block of the minimum standards of training will be included;

C. Final (revised) listing of instructors: instructors must be certified through the department of public safety training and recruiting division certified instructor. Technical or high risk areas must be instructed by a certified department of public safety training and recruiting division instructor for the specific areas instructed; example, firearms training - qualification must be conducted by a certified department of public safety training and recruiting division firearms instructor;

D. Block test scores must be provided for each instructional area, as well as scoring for the skill proficiency areas, i.e., firearms, defensive tactics, patrol fitness (1.5 mile run and obstacle course), and driving program. A roster of student names and test scores attested to by the satellite program director is sufficient to meet the department of public safety training and recruiting division testing requirements. Department of public safety training and recruiting division testing requirements and minimum scores for the various block and skill proficiency areas are the only acceptable testing criteria; and

E. Final attendance roster for students of the training program.

[3-15-80, 7-17-82, 2-14-87, 4-11-89, 10-1-97, 4-16-98, 6-1-99; 10.29.5.10 NMAC – Rn, 10 NMAC 29.5.10, 7/1/01]

10.29.5.11 LAW ENFORCEMENT OFFICER CERTIFICATION EXAMINATION; TIME LIMITATIONS

A. Students who successfully complete a department of public safety training and recruiting division accredited satellite program will be allowed to take the law enforcement officer certification examination. Only those students who have successfully completed all requirements under the minimum standards of training, as determined by the director of the department of public safety training and recruiting division, will be administered the law enforcement officer certification examination.

(1) Students will be allowed two (2) opportunities in which to pass the law enforcement officer certification examination within one year from the date of completion of the satellite program. Students who fail the exam two (2) times must attend the academic portion of the certification by waiver of previous training program prior to taking the exam a third (3^rd) time. Students who fail the test three (3) times will be required to successfully complete the New Mexico law enforcement academy’s basic police training program. Students will not be allowed to attend a regional/satellite program.

(2) Students who achieve a passing score on the law enforcement officer certification examination will be allowed one year from the date of the test in which to be eligible for certification. Certification can be granted only when the eligible student is hired by a recognized New Mexico law enforcement agency in a law enforcement position.

(3) If a student secures a law enforcement position after one year from the date of successful completion of the law enforcement officer certification examination, he will be required to attend the certification by waiver of previous training program (short course) conducted by the department of public safety training and recruiting division.

(4) Students will be allowed three (3) years from the date of successful completion of the law enforcement officer certification examination to secure a law enforcement position. After three (3) years, they will be required to attend and successfully complete another basic police officer training program certified by the New Mexico law enforcement academy board.

B. Students who have successfully completed a satellite program and passed the law enforcement officer certification examination will be provided a letter from the director of the department of public safety training and recruiting division attesting to the student’s eligibility for certification as a police officer in New Mexico.

C. An application for certification and required supporting documentation must be submitted to the department of public safety training and recruiting division within fourteen days of the student’s employment as a police officer as required under New Mexico law enforcement academy board rule 10.29.9.10 NMAC. Any officer (or department) not submitting the required documents is in violation of NMSA 1978, Section 29-7-1 et. al., (Repl. Pamp. 1994), and will be required to forfeit his position.

D. When all paperwork is completed to the satisfaction of the director of the department of public safety training and recruiting division for any student requesting certification by successful completion of a certified satellite program, or any other previous comparable training, the request will be submitted to the New Mexico law enforcement academy board for final approval and award of certification under NMSA 1978, Section 29-7-1 et. al., (Repl. Pamp. 1994).
[2-14-87, 4-11-89, 11-12-89, 10-1-97, 4-16-98, 9-1-99; 10.29.5.11 NMAC – Rn, 10 NMAC 29.5.11, 7/1/01]

10.29.5.12 POLICE RADIO DISPATCHER CERTIFICATION EXAMINATION; TIME LIMITATIONS

A. Students who successfully complete a department of public safety training and recruiting division accredited satellite program will be allowed to take the police radio dispatcher certification examination. Only those students who have successfully completed all requirements under the minimum standards of training, as determined by the director of the department of public safety training and recruiting division, will be administered the police radio dispatcher certification examination.

B. Students will be allowed two (2) opportunities in which to pass the police radio dispatcher certification examination within one year from the date of completion of the satellite program. Students who fail the test two (2) times will be required to successfully complete the New Mexico law enforcement academy’s police radio dispatch training program. Students will not be allowed to attend a regional/satellite program.

C. Students who achieve a passing score on the police radio dispatcher certification examination will be allowed one year from the date of the test in which to be eligible for certification. Certification can be granted only when the eligible student is hired by a recognized New Mexico law enforcement agency in a dispatcher position.

D. If a student secures a police dispatcher position between one and three years from the date of successful completion of the police radio dispatcher certification examination, the student will be required to apply for certification by waiver of previous training. This determination is conducted by the department of public safety training and recruiting division staff, and approved by the director.

E. If a student secures a police dispatcher position after three (3) years from the completion of the police radio dispatcher certification examination, they will be required to attend and successfully complete another police radio dispatcher training program certified by the New Mexico law enforcement academy board.

F. Students who have successfully completed a satellite program and passed the police radio dispatcher certification examination will be provided a letter from the director of the department of public safety training and recruiting division attesting to the student’s eligibility for certification as a police radio dispatcher in New Mexico.

G. When all paperwork is completed to the satisfaction of the director of the department of public safety training and recruiting division for any student requesting certification by successful completion of a certified satellite program, or any other previous comparable training, the request will be submitted to the New Mexico law enforcement academy board for final approval and award of certification under NMSA 1978, Section 29-7-1 et. al., (Repl. Pamp. 1997).

[2-14-87, 4-11-89, 10-1-97, 4-16-98, 6-1-99; 10.29.5.12 NMAC – Rn, 10 NMAC 29.5.12, 7/1/01]

10.29.5.13 PROGRAM MONITORING AND EVALUATION

A. Department of public safety training and recruiting division director, or his designee, has the authority to visit the satellite training program at any time to monitor and evaluate the training conducted to insure that the program meets the established minimum standards of training.

B. The department of public safety training and recruiting division director, or his designee, will investigate any reported information concerning the operation of the satellite academy and delivery of training programs. At any time that information on program deficiency is verified, the director can request decertification of the satellite program.

(1) The decertification procedures will require a written report on program deficiencies to the director of the satellite program allowing for correction of noted deficiencies.

(2) If the corrections are not made to the department of public safety training and recruiting division director’s satisfaction, decertification will be recommended to the New Mexico law enforcement academy board.

(3) All efforts will be made by the director of the department of public safety training and recruiting division and the satellite program director to resolve program deficiencies prior to initiation of any decertification proceedings.

(4) The satellite program director may appear before the New Mexico law enforcement academy board to appeal, or defend against, program certification recommendations.

[2-6-93, 10-1-97; 6-1-99; 10.29.5.13 NMAC – Rn, 10 NMAC 29.5.13, 7/1/01]

HISTORY OF 10.29.5 NMAC

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under: NMLEA Rule #9, Certification By Waiver, filed 2-14-80; NMLEA Rule #9, Amendment No. 1, filed 6-17-82; NMLEA Rule #9, Regional/Satellite Academies: Certification By Waiver, filed 1-14-87; NMLEA Rule #C3, Regional/Satellite Academies: Certification By Waiver Of Training, filed 3-10-89; NMLEA Rule #C3, Amendment No. 1, filed 10-12-89; NMLEA Rule #C3, Regional/Satellite Academies: Certification By Waiver Of Training, filed 1-6-93.