This month’s focus is on a new Kansas Administrative Regulation that requires individuals who hold a Kansas law enforcement certification to self-report anytime the officer is arrested, cited, or charged with a criminal offense that would be grounds for discipline under K.S.A 74-5616(b)(5). The new regulation will be in effect by July 29, 2022. The new K.A.R. reads:
Kansas Administrative Regulation, 106-2-2b. Reporting criminal offenses. Each individual who holds a certification from the commission shall report to the commission if the individual is arrested, cited, or charged with a criminal offense that would be grounds for discipline pursuant to K.S.A. 74-5616(b)(5), and amendments thereto. The individual shall report the event to the commission, on a form provided by the director, within 10 days after arrest or discovery of the filing of the criminal proceeding
K.S.A. 74-5616(b)(5) reads: Engaged in conduct which, if charged as a crime, would constitute a felony crime under the laws of this state, a misdemeanor crime of domestic violence as defined in the Kansas law enforcement training act at the time the conduct occurred or a misdemeanor crime that the commission determines reflects on the honesty, trustworthiness, integrity, or competence of the applicant as defined by rules and regulations of the commission pursuant to K.A.R. 106-2-2a.
The regulation on self-reporting criminal offenses is needed to preserve the integrity of Kansas law enforcement. This enables the commission to take certification action on any individual that holds a certification if they do not self-report the arrest, citation, or criminal charging within 10 days of the legal action. Note that all due process rights of individuals remain preserved.
The report form will be available and in effect when the new K.A.R. has been published in the Kansas Register for 15 days. There is nothing fancy about the form, and it just requests the data that is needed to investigate a potential Training Act violation. The form will be posted on the KSCPOST website with all other central registry forms upon its effective date. Please contact Director Schroeder if you have any concerns, comments, or questions.Excerpt of the form:
Happy Independence Day!
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April 2022 Spotlight - KSCPOST as an Agency Resource for Applicant Background Checks
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