Miss. Admin. Code tit. 31 | Miss. Admin. Code Title 31 — Public Safety

BOARD OF EMERGENCY TELECOMUNICATIONS STANDARDS & TRAINING BOARD OF EMERGENCY TELECOMUNICATIONS STANDARDS & TRAINING

Part 601 Professional Certification Policy and Procedures Manual

Chapter 1 Definitions

31 Miss. Admin. Code Pt. 601, R. 1.1 Purpose

Herein are defined certain terms used in these Policy and Procedures. 1. Basic 911 Service – A telephone service terminated in designated Public Safety Answering Points accessible by the public through telephone calls dialed to the telephone number 911. Basic 911 is a voice service and does not display address or telephone number information. 2. Board - Shall mean the Board of Emergency Telecommunications Standards and Training.

Board Director - Shall mean the Director of the Board on Law Enforcement Standards and Training. 4. Break in Service - Any period of time when an individual is not an emergency telecommunicator as defined in this policy. 5. Certificates - Shall mean certificates issued only to fully qualified telecommunicators. 6. Certified - Shall mean the Board has acknowledged that all requirements mandated by this policy and the Emergency Telecommunications Training Program have been achieved and that a certificate has been issued as documentation of the same. 7. E911 Service - A telephone exchange communications service whereby a Public Safety Answering Point (PSAP) designated by the county or local communication district may receive telephone calls dialed to the telephone number 911. E911 Service includes lines and equipment necessary for the answering, transferring and dispatching of public emergency telephone calls originated by persons within the serving area who dial 911. Enhanced 911 Service includes the displaying of the name, address and other pertinent caller information as may be supplied by the service supplier. 8. Equivalency of Training - Shall mean the assessment of an applicant's emergency telecommunications training, education, experience and qualifications. 9. Lateral Transfer - A transfer by a certified emergency telecommunicator to a different telecommunicator agency. 10. Methods for responding to emergency calls - The emergency telephone system shall, when so authorized by a vote of a majority of the qualified electors of the county voting on the proposal in an election held for that purpose, be designed to have the capability of utilizing at least one (1) of the following three (3) methods in response to emergency calls: A. Direct Dispatch Method - A telephone service to a centralized dispatch center providing for the dispatch of an appropriate emergency service unit upon receipt of a telephone request for such services and a decision as to the proper action to be taken,

including an E911 system. B. Relay Method - A telephone service whereby pertinent information is noted by the recipient of a telephone request for emergency services and is relayed to appropriate public safety agencies or other providers of emergency services for dispatch of an emergency service unit. C. Transfer Method - A telephone service which receives telephone requests for emergency services and directly transfers such requests to an appropriate public safety agency or other provider of emergency services. 11. Employment Standards - All Emergency Telecommunicator applicants must meet the following guidelines to be employed as an Emergency Telecommunicator. They must be at least eighteen (18) years of age; be a high school graduate (or obtain a General Educational Development (GED) Diploma); be a United States citizen; be capable of performing the duties under conditions inherent to the profession; not have a criminal record including a plea of guilty, a plea of nolo contendere, probation, pre-trial diversion nor the payment of any fine in relation to a crime that is directly related to the duties and responsibilities of an emergency telecommunicator; and not have been engaged in any condition, conduct or action that would greatly diminish the public trust in the competence and reliability of an emergency telecommunicator. Individuals must have been discharged from the Armed Forces under honorable conditions. Fitness for service must be verified by an appropriate background investigation. 12. Criminal Record - Shall mean any type of felony or misdemeanor conviction. Criminal Records that are specific and directly related to the duties and responsibilities of an emergency telecommunicator may only be considered when evaluating applicants. Factors to determine disqualifying criminal convictions are: the nature and seriousness of the crime for which the individual was convicted; the passage of time since the commission of the crime; the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of an emergency telecommunicator; and any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation. 13. Probationary Period - A period of one year from the initial date of hire as a telecommunicator in the original appointment. The one-year period cannot be enlarged by additional/multiple appointments. Individuals acquire an additional one-year period following a break in service of more than two years. 14. Public Safety Answering Point (PSAP) - Any point of contact between the public and the emergency services such as a 911 answering point or, in the absence of 911 emergency telephone service, any other point of contact where emergency telephone calls are routinely answered and dispatched or transferred to another agency.

Telecommunications Employer - Shall mean the agency which employs the emergency telecommunicator.
Telecommunicator - Any person engaged in or employed as a telecommunications operator by any public safety, fire or emergency medical agency whose primary responsibility is the receipt or processing of calls for emergency services provided by public safety, fire or emergency medical agencies or the dispatching of emergency services provided by public safety, fire or emergency medical agencies and who receives or disseminates information relative to emergency assistance by telephone or radio.
Training Packet - Shall mean the Board-adopted forms used to collect information necessary for certification and enrollment in a basic course.
TCPR - Shall mean telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA).

History

Source: Miss Code Ann. § 19-5-303

Chapter 6 Reimbursement of Training Costs

31 Miss. Admin. Code Pt. 601, R. 6.1 Purpose

This section establishes the policy and procedures governing the reimbursement of training costs to the emergency telecommunicator’s agencies governed by the Emergency Telecommunications Training Program.

History

Source: Miss Code Ann. § 19-5-355

31 Miss. Admin. Code Pt. 601, R. 6.2 Policy

The Emergency Telecommunications Training Program created the Board for the primary purpose of developing and implementing guidelines for the selection and training of emergency communicators. Accordingly, the legislature mandated that the Board authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement of all expenses associated with successful completion of such training. These include salary, allowable tuition, lodging, meals, and travel expenses (if applicable). Reimbursement is authorized only for those agencies and subdivisions of the state who are in compliance with all provisions of the Act to include those policies and procedures established by the Board pursuant to the ACT. Mississippi Code 19-5-355 (1) and 19-5-357 (5) and (6).

A. While all expenses incurred for the completion of certification and re-certification training shall be fully reimbursed, if at any time a shortage of appropriated funds may become an issue, the priority for reimbursement funding shall be in the following order:

Basic and EMD training;
Mandated re-certification training;
Elective re-certification training; and
Advanced instructor training.

B. Reimbursement shall be allowable for telecommunicators in attendance at board- approved training programs established at such agencies or institutions as the board may deem appropriate within one hundred-fifty (150) miles from the telecommunicator’s agency. A justifiable written explanation must be provided to the Board requesting approval for reimbursement of training one hundred-fifty (150) miles or more from the telecommunicator’s agency. Only allowable tuition may be reimbursed for training over 150 miles without prior approval.

C. A host agency/instructor must submit a “Course Certification Request” form to the Board for pre-approval of a course, course location and estimated costs. This information must be sent thirty (30) days prior to the date of the course. If a course must be cancelled or rescheduled the host agency/instructor must notify in writing the Board and any pre-registered students five (5) working days prior to the set date of the course. All approved courses will be posted on the Board’s Training Calendar.

D. The employing agencies of course students must meet the following requirements in order to be eligible to receive reimbursement:

Agency must be an organization of the state or a political subdivision of the state;
Telecommunicators attending training must work a minimum of eight (8) hours within a 30-day period;
Agency must have adhered to the selection and training standards established by the board;
All administrative requirements must have been completed pursuant to this Policy and Procedures Manual to include all forms completed in full; these include the Application for Certification (Parts I, II and III), and the Reimbursement Worksheet; and
Agency must have settled all accounts with the institution or location where training was conducted.

E. For the duration of training, the academy or institution shall be the assigned place of duty. Allowable costs of training as established by the Board are as follows:

Tuition costs shall be reimbursed at an amount set by the Board. The Board will review the costs for the training programs every six months and make any

adjustments to the tuition allowance as needed. Tuition allowance includes all costs relating to instruction, such as, training materials, supplies, facility costs and instructor expenses.

Subsistence costs, which include lodging and meals, shall be eligible for complete reimbursement as long as they do not exceed the maximum daily allowance permitted under state law. Lodging prior to the first day of training is not reimbursable. If tuition costs include meals, there will be no additional meal reimbursement unless a justifiable written explanation is provided to the Board. Receipts for lodging and meals must be provided with the “Request for Reimbursement” form.
The authorized base salary of emergency telecommunicator students and instructors are eligible for reimbursement for the period of the training courses. The salaries shall be computed based on the gross weekly salary of the most recent full month prior to course completion. Reimbursement includes compensation for a standard 40-hour week and will only be authorized for salaries paid for the performance of telecommunications duties. Courses completed after one-year from date of hire or after the three-year certification period will not be reimbursed salary costs.
Travel expenses shall be determined by multiplying the standard state mileage rate times the mileage for one round trip (and subsequent round trips if commuting). Agencies with more than one student enrolled in a course will be expected to car- pool (up to four people per vehicle) and will receive travel for one vehicle.
The board shall provide training reimbursement for required mandated training only if the training program completed satisfies the requirements. The board will designate the appropriate training program for certification purposes. If an applicant completes a course other than the designated course, the applicant will not be certified, and the agency will not be reimbursed for training costs. Note: All out of state travel must be approved in writing by the Board prior to attending requested course.
Only successfully completed board-approved training programs are allowable. The following programs and their areas of specialty have been approved by the Board.

a. Either the Association of Public-Safety Communications Officials (APCO) 40- Hour Basic course or the National Emergency Communications Institute (NECI) 40-Hour Basic course, or the International Academies of Emergency Dispatch (IAED) 40-Hour Basic course is required to be certified as a telecommunicator.

b. Either the International Academies of Emergency Dispatch (IAED) 24-Hour, the APCO EMD 32-Hour, or the NECI EMD 24-Hour program and CPR certification is required, along with an approved 40-Hour Basic course to be certified as an Emergency Medical telecommunicator.

c. The Mississippi Emergency Telecommunications 16-Hour Orientation Course is required to be certified as a telecommunicator.

d. TCPR is required to be certified as a telecommunicator.

e. Elective training is required to be completed any time within the three-year certification period. Those courses or training exercises not normally offered by approved vendors shall be requested for approval by the Board staff in advance.

The Board will not reimburse the training costs of partially completed training or failed training. Telecommunicators may return after additional preparation to attempt to complete the course requirements. Reimbursement of training costs of conferences or seminars offering multiple subject courses will be adjusted based on the telecommunicator’s attendance record.

History

Source: Miss Code Ann. § 19-5-355

31 Miss. Admin. Code Pt. 601, R. 6.3 Procedure

The board staff shall review all the information available on each telecommunication’s class and determine the eligibility and amount of reimbursement to each agency.

A. The staff shall maintain a running balance of available funds which come from a service charge of Five Cents ($.05) which is placed on each subscriber phone line within the State of Mississippi as of July 1, 2993 (Mississippi Code 19-5-357 (1). The proceeds generated shall be primarily used to fund the minimum standards training program for public safety telecommunicators within the State. (Mississippi Code 19-5-357 (5).

B. The course instructors shall provide the staff an official roster of students within five working days of the day the class ends. The roster shall include the name, last four (4) digits of social security number and agency of each student for each day of instruction.

C. The course instructor shall notify the staff of any withdrawals or dismissals from training during the course of the program. The notification shall include whether the telecommunicator withdrew or was dismissed and the reason (i.e. - deficiency in academics). If the telecommunicator was dismissed for a violation of course rules and regulations, the course instructor must provide a written report of the investigation into the incident.

D. Once the class is completed, the course instructor shall prepare a course roster which shall positively indicate that all students have met the course requirements (i.e., hours attended, test score). Course instructors shall grade each student’s test (passing score 70% for electives) and provide the staff with a copy of the test. Once the students complete the requirements, the course instructor shall issue a certificate of course

completion to the student and notify the staff in writing. This notification must be received prior to any further certification processing or reimbursement.

E. The agencies in which the newly trained emergency telecommunicators are employed shall submit a Reimbursement Worksheet to the Board completely filled out, signed, and dated upon completion of the course. The agencies shall submit a Course Evaluation Form completed by the telecommunicator on each course completed.

F. The staff will determine the amount of the reimbursement based on the total of: Board approved training costs, the applicant’s documented base weekly salary, round trip mileage from the agency to the course location and lodging and meals (if applicable). Reimbursement, not to exceed the maximum daily allowance under state law, will be determined by the presence of all required forms, information, and compliance with the Emergency Telecommunications Training Program.

G. After determining eligibility and amount of reimbursement, the board staff shall complete a “Claim for Reimbursement Form” and submit the form to the agency head for review. The form shall contain the name and other personal data of the trainee, course attended, tuition, salary, and travel costs (meals and food if applicable). The agency head shall review the form, sign, and return the form within five working days of receipt. Any discrepancies, corrections or misinformation on the form should be annotated/corrected and the form returned unsigned. The staff shall correct the form and return it to the agency. It is imperative that this form be processed without delay as it is the basis for any funds the agency receives.

H. The staff will submit the Claim for Reimbursement to the Department of Finance and Administration for payment. The Board will maintain a copy of the claims and the warrants of payment in the board files.

I. Agencies should receive payment within forty-five (45) days of returning the “Claim for Reimbursement Form”. If not, notify the Board staff.

History - Adopted – 07/1993; rev 05/2006, 07/2007, 10/2007, 10/2008, 10/2013, 08/2014, 04/2016, 08/2019, 05/2021, and 12/2022

History

Source: Miss Code Ann. § 19-5-355

Chapter 7 Standards of Training and Certification

31 Miss. Admin. Code Pt. 601, R. 7.2 Policy

The Board approved Basic Emergency Telecommunications Training Courses shall include classroom activity as well as hands-on skill certification. To begin the certification process, the successful completion of the Mississippi Emergency Telecommunications 16-Hour Orientation Course is required within the first ninety (90) days from the date of hire as a telecommunicator.
There are two types of courses used in the certification process. They are divided into:

A. Law Enforcement and Fire service and:

B. Emergency medical.

The Association of Public-Safety Communications Officials (APCO) Basic 40- Hour, the National Emergency Communications Institute (NECI) Basic 40-Hour, and the International Academies of Emergency Dispatch (IAED) Basic 40-Hour courses have been approved for basic emergency telecommunications training. Basic online courses are not approved for certification. For the emergency medical training the APCO 32-Hour, the NECI 24-Hour, and the International Academies of Emergency Dispatch (IAED) EMD courses have been approved. EMD Basic online courses are approved for certification.

History

Source: Miss Code Ann. § 19-5-353

31 Miss. Admin. Code Pt. 601, R. 7.3 Procedures

This section establishes procedures governing the standards to be used for Telecommunicators/Dispatchers.

A. Minimum Standards of Training and Certification for Law Enforcement Telecommunicators/Dispatchers.

Current certification by APCO Institute 40-Hour Telecommunicator Training Program or NECI Basic Emergency Communication Officer 40-Hour Training Program, or IAED 40-Hour Emergency Telecommunicator Course.
Current certification by a TCPR (online) vendor that shall follow evidence-based nationally recognized guidelines.

Note: This does not qualify the participant as an EMS telecommunicator or as a certified Mississippi Justice Information Center (MJIC) terminal operator.

B. Minimum Standards of Training and Certification for Fire Service Telecommunicators/Dispatchers.

Current certification by APCO Institute 40-Hour Telecommunicator Training Program or NECI Basic Emergency Communication Officer 40-Hour Training Program, or IAED 40-Hour Emergency Telecommunicator Course.
Current certification by a TCPR (online) vendor that shall follow evidence-based nationally recognized guidelines.

Note: This does not qualify the participant as an EMS telecommunicator or as a certified Mississippi Justice Information Center (MJIC) terminal operator.

C. Minimum Standards of Training and Certification for EMS Telecommunicators.

Successful completion of the International Academies of Emergency Medical Dispatch; APCO Institute of Emergency Medical Dispatch; or National Emergency Communications Institute - Emergency Medical Communications Officer training course.
Successful completion of the 40-Hour Basic APCO, NECI, or IAED course.
Current certification in CPR by the American Heart Association or the American Red Cross or an equivalent nationally recognized organization.
Current certification by a TCPR (online) vendor that shall follow evidence-based nationally recognized guidelines.

Note: These methods of certification for an EMS telecommunicator do not qualify the participant as a certified Mississippi Justice Information Center (MJIC) terminal operator.

D. Mississippi Emergency Telecommunicator Training Program - Curriculum development is only one portion of a comprehensive emergency telecommunicator training program. Other topics of a comprehensive training program include:

Purpose of the training program
Objective of the training program
Description of the occupant
Competency of the MS Emergency Telecommunicator
Operational policies
Curriculum description
Course design
Planning Considerations
Class size
Students
Faculty
Program Director
Instructional Faculty
Class Schedule
Classroom
Didactic instruction
Lab (psychomotor skills demonstration)
Cost
References
Instructor’s lesson plan
Testing and evaluating methods
Certification
Student records and identification

History - Adopted – 07/1993; rev – 11/2000, 05/2001, 05/2006, 07/2007, 10/2008, 4/2009, 04/2016, 08/2019, 05/2021, and 12/2022

History

Source: Miss Code Ann. § 19-5-353

Chapter 8 Standards for Successful Completion of the Emergency Telecommunications Training Program

31 Miss. Admin. Code Pt. 601, R. 8.1 Purpose

This section establishes policy and procedures governing the standards to be used by accredited training instructors in determining what constitutes successful completion of the Emergency Telecommunications Training Program for state certification.

History

Source: Miss Code Ann. § 19-5-355

31 Miss. Admin. Code Pt. 601, R. 8.2 Policy

The Board-approved Emergency Telecommunications Training Program shall include classroom activity. Standards for successful completion of the ETTP program include:

A. A passing academic score as determined by the course vendor,

B. Successful completion of the Mississippi Emergency Telecommunications 16-Hour Orientation Course (required within the first ninety (90) days from date of hire as a telecommunicator).

C. Current certification by a TCPR (online) vendor that shall follow evidence-based nationally recognized guidelines.

D. Failure to complete all of these standards will render the student ineligible for certification as an emergency telecommunicator until the deficiency has been corrected. The ETTP program must be completed as a whole unit of training. If individual portions of the training are not successfully completed within the one-year time period, the employer shall be personally responsible for that individual’s salary.

History

Source: Miss Code Ann. § 19-5-355

31 Miss. Admin. Code Pt. 601, R. 8.3 Procedures

This section establishes procedures governing the admission, attendance, scoring, and completion of Emergency Telecommunicator training.

A. Admission/enrollment

For classroom training, the course instructor or host agency shall be charged with the registration of students into the respective basic and emergency medical dispatch (EMD) classes. Registration shall include those students who currently perform telecommunicator duties with a public safety, law enforcement, fire, or EMS agency.

B. Readmission procedure

Any student who is dismissed or voluntarily withdraws from a basic or EMD training course may be eligible for readmittance for training at a future date as long as it is within the one-year period of the date of employment.

C. Academic Students must achieve a final passing academic score as determined by the vendor to successfully complete the basic and/or EMD course.

The course instructors shall administer the appropriate vendor test plan to evaluate the student's retention of knowledge attained in the course.

a. The test plan for the law enforcement and fire telecommunicator certification must include all of the essential areas of one of the following Board-approved basic courses:

Association of Public-Safety Communications Officials (APCO) 40-Hour Basic course.
National Emergency Communications Institute (NECI) 40-Hour Basic Course.
International Academies of Emergency Dispatch (IAED) 40-Hour Emergency Telecommunicator Course.

b. The test plan for the emergency medical telecommunicator certification must include either of the APCO Basic, NECI Basic, or IAED Basic as well as all of the essential areas of one of the following Board-approved EMD courses:

APCO 32-Hour “Basic EMD Certification Course”,
NECI 24-Hour “Emergency Medical Communications Officer” Course,
International Academies of Emergency Dispatch (IAED) 24-Hour EMD Course.
The test plan must ensure re-dress of missed questions for each student. This effort will be directed toward making the student academically self-sufficient after the training program.
Any student who fails to achieve a passing academic average as determined by the course vendor will not be allowed to attain state certification. Students who are dismissed from a training course for academic reasons may re-enroll in the next available class.

D. Scoring Procedures

For classroom training, all testing mechanisms shall be scored under supervision of the course instructor or course vendor using prescribed procedure.
Students shall be given feedback on their performance for every graded event. Missed answers shall be covered with each student.

E. Every student who successfully completes any type of training course will receive a vendor certificate, signed by the course instructor and/or other appropriate official, which evidences successful completion of the course. In addition, the course instructor or course vendor will send a copy of the vendor certificate and the course roster to the Board for purposes of state certification.

History - Adopted – 07/1993; rev – 05/2006, 07/2007, 10/2007, 10/2008, 04/2009, 04/2016, 08/2019, 05/2021 and 12/2022

History

Source: Miss Code Ann. § 19-5-355

Chapter 12 Re-Certification of Emergency Telecommunicators

31 Miss. Admin. Code Pt. 601, R. 12.1 Purpose

This section establishes policy and procedure for re-certification of emergency telecommunicators.

History

Source: Miss Code Ann. § 19-5-353

31 Miss. Admin. Code Pt. 601, R. 12.2 Policy

The Board shall re-certify those emergency telecommunicators who continue to meet the employment guidelines established in accordance with Mississippi Code as Annotated Section 19-5-353 as well as having completed the prescribed continuous training requirements established henceforth.

A. Re-certification under the Emergency Telecommunications Training Program (ETTP) shall be limited to those emergency telecommunicators who have received their initial three-year state certifications through the Mississippi Board of Emergency Telecommunications Standards and Training.

History

Source: Miss Code Ann. § 19-5-353

31 Miss. Admin. Code Pt. 601, R. 12.3 Procedures

All emergency telecommunicator applicants for re-certification shall complete the following steps to maintain their current certification status with the Board.

A. Applicants for telecommunicator re-certification shall submit a fully completed (1) Application for Re-certification and (2) Re-certification Report prior to expiration of their BETST professional certificate.

B. An emergency telecommunicator shall complete a minimum of 48 hours of approved elective training every three (3) years prior to the expiration date of their professional certificate. Each emergency telecommunicator shall review their training needs with their supervisor on a continuous basis and complete training as needed. Continuous education shall consist of the following:

Completion of at least 48 hours of elective training from no fewer than six subject areas over the three-year certification period. (subject area requires a minimum of four (4) hours)

a. A checklist of approved training programs will be provided by the Board from which the candidate may choose. Verification of elective training must be acknowledged in writing by the agency head or their designee via the Re- certification Report.

b. Any courses or conference seminars which are not on the list of elective subject areas but are requested to be taken for this purpose must receive prior approval from the Board as counting toward meeting re-certification requirements. Only two (2) conferences may be used to obtain credit per re- certification period. The Board will review conference schedules and determine the amount of subject area credits and elective hours to be granted per conference.

c. Reimbursement for elective training shall consist of all of the same expenses as initial certification (salary, tuition, lodging, meals, mileage) only up to the point of meeting re-certification requirements or on a first- come first-served basis, which shall be determined by the date of application. Reimbursement requests for any elective training may be submitted immediately upon completion of such.

Note: All out of state travel must be approved in writing by the Board prior to attending requested courses.

d. Elective training may consist of approved virtual/online training. Beginning January 1, 2023, all certified telecommunicators must be TCPR certified or shall complete a TCPR online certification course within 12 months. TCPR training is a requirement for re-certification each re-certification period. Telecommunicators shall be re-certified according to the TCPR vendors requirements. Proof of training shall be maintained by the agency in its personnel files and copies of training certificates must be attached to the “Online Training Report” when submitted to the Board for credit. Virtual/Online elective training shall not exceed two (2) credits (eight [8] hours

per credit) per re-certification period. A separate form must be submitted for each eight (8) hours of credit. The reimbursement of online training includes the telecommunicator’s salary and approved tuition.

e. Completing another Basic and/or EMD course similar to that taken for initial certification is not creditable as a re-certification elective.

C. Once all appropriate paperwork and training has been completed and submitted to the Board, the emergency telecommunicator will be re-certified for another three years.

D. Any persons due to illness, class availability or other events beyond their control that could not complete the required elective training, may serve with full pay and benefits in such a capacity until they can complete the training. Those requesting an extension of their time must petition the Board in writing and also must note how much re-certification training has been completed at that point in time.

E. Break-in-Service: There is herein established a set of re-certification guidelines for those state certified emergency telecommunicators who leave the profession and later return.

Telecommunicators who have a break-in-service of four years or more shall be required to complete the same certification requirements as those who are new to the profession. This shall include completing a basic course, TCPR course, and orientation course (unless the orientation course was completed before the break) for law enforcement and fire certification and the EMD basic/CPR course for EMD certification.
Telecommunicators who have a break-in-service of less than four years shall meet re-certification requirements within one year of being rehired. Any training requirements completed after the most recent certification date and prior to the break-in-service shall count towards re-certification.

History - Adopted – 07/1993; rev – 01/2003, 10/2008, 04/2009, 10/2010, 04/2012, 02/2014, 08/2014, 04/2016, 08/2019, 05/2021 and 12/2022

History

Source: Miss Code Ann. § 19-5-353

Chapter 1 Definitions

31 Miss. Admin. Code Pt. 601, R. 1.1 Purpose

Board Director - Shall mean the Director of the Board on Law Enforcement Standards and Training. 4. Break in Service - Any period of time when an individual is not an emergency telecommunicator as defined in this policy. 5. Certificates - Shall mean certificates issued only to fully qualified telecommunicators. 6. Certified - Shall mean the Board has acknowledged that all requirements mandated by this policy and the Emergency Telecommunications Training Program have been achieved and that a certificate has been issued as documentation of the same. 7. E911 Service - A telephone exchange communications service whereby a Public Safety Answering Point (PSAP) designated by the county or local communication district may receive telephone calls dialed to the telephone number 911. E911 Service includes lines and equipment necessary for the answering, transferring and dispatching of public emergency telephone calls originated by persons within the serving area who dial 911. Enhanced 911 Service includes the displaying of the name, address and other pertinent caller information as may be supplied by the service supplier. 8. Equivalency of Training - Shall mean the assessment of an applicant's emergency telecommunications training, education, experience and qualifications. 9. Lateral Transfer - A transfer by a certified emergency telecommunicator to a different telecommunicator agency. 10. Methods for responding to emergency calls - The emergency telephone system shall, when so authorized by a vote of a majority of the qualified electors of the county voting on the proposal in an election held for that purpose, be designed to have the capability of utilizing at least one (1) of the following three (3) methods in response to emergency calls: A. Direct Dispatch Method - A telephone service to a centralized dispatch center providing for the dispatch of an appropriate emergency service unit upon receipt of a telephone request for such services and a decision as to the proper action to be taken,

Telecommunications Employer - Shall mean the agency which employs the emergency telecommunicator.
Telecommunicator - Any person engaged in or employed as a telecommunications operator by any public safety, fire or emergency medical agency whose primary responsibility is the receipt or processing of calls for emergency services provided by public safety, fire or emergency medical agencies or the dispatching of emergency services provided by public safety, fire or emergency medical agencies and who receives or disseminates information relative to emergency assistance by telephone or radio.
Training Packet - Shall mean the Board-adopted forms used to collect information necessary for certification and enrollment in a basic course.
TCPR - Shall mean telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA).

History

Source: Miss Code Ann. § 19-5-303

Chapter 6 Reimbursement of Training Costs

31 Miss. Admin. Code Pt. 601, R. 6.1 Purpose

This section establishes the policy and procedures governing the reimbursement of training costs to the emergency telecommunicator’s agencies governed by the Emergency Telecommunications Training Program.

History

Source: Miss Code Ann. § 19-5-355

31 Miss. Admin. Code Pt. 601, R. 6.2 Policy

The Emergency Telecommunications Training Program created the Board for the primary purpose of developing and implementing guidelines for the selection and training of emergency communicators. Accordingly, the legislature mandated that the Board authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement of all expenses associated with successful completion of such training. These include salary, allowable tuition, lodging, meals, and travel expenses (if applicable). Reimbursement is authorized only for those agencies and subdivisions of the state who are in compliance with all provisions of the Act to include those policies and procedures established by the Board pursuant to the ACT. Mississippi Code 19-5-355 (1) and 19-5-357 (5) and (6).

Basic and EMD training;
Mandated re-certification training;
Elective re-certification training; and
Advanced instructor training.

D. The employing agencies of course students must meet the following requirements in order to be eligible to receive reimbursement:

Agency must be an organization of the state or a political subdivision of the state;
Telecommunicators attending training must work a minimum of eight (8) hours within a 30-day period;
Agency must have adhered to the selection and training standards established by the board;
All administrative requirements must have been completed pursuant to this Policy and Procedures Manual to include all forms completed in full; these include the Application for Certification (Parts I, II and III), and the Reimbursement Worksheet; and
Agency must have settled all accounts with the institution or location where training was conducted.

E. For the duration of training, the academy or institution shall be the assigned place of duty. Allowable costs of training as established by the Board are as follows:

Tuition costs shall be reimbursed at an amount set by the Board. The Board will review the costs for the training programs every six months and make any

adjustments to the tuition allowance as needed. Tuition allowance includes all costs relating to instruction, such as, training materials, supplies, facility costs and instructor expenses.

Subsistence costs, which include lodging and meals, shall be eligible for complete reimbursement as long as they do not exceed the maximum daily allowance permitted under state law. Lodging prior to the first day of training is not reimbursable. If tuition costs include meals, there will be no additional meal reimbursement unless a justifiable written explanation is provided to the Board. Receipts for lodging and meals must be provided with the “Request for Reimbursement” form.
The authorized base salary of emergency telecommunicator students and instructors are eligible for reimbursement for the period of the training courses. The salaries shall be computed based on the gross weekly salary of the most recent full month prior to course completion. Reimbursement includes compensation for a standard 40-hour week and will only be authorized for salaries paid for the performance of telecommunications duties. Courses completed after one-year from date of hire or after the three-year certification period will not be reimbursed salary costs.
Travel expenses shall be determined by multiplying the standard state mileage rate times the mileage for one round trip (and subsequent round trips if commuting). Agencies with more than one student enrolled in a course will be expected to car- pool (up to four people per vehicle) and will receive travel for one vehicle.
The board shall provide training reimbursement for required mandated training only if the training program completed satisfies the requirements. The board will designate the appropriate training program for certification purposes. If an applicant completes a course other than the designated course, the applicant will not be certified, and the agency will not be reimbursed for training costs. Note: All out of state travel must be approved in writing by the Board prior to attending requested course.
Only successfully completed board-approved training programs are allowable. The following programs and their areas of specialty have been approved by the Board.

c. The Mississippi Emergency Telecommunications 16-Hour Orientation Course is required to be certified as a telecommunicator.

d. TCPR is required to be certified as a telecommunicator.

e.d. Elective training is required to be completed any time within the three-year certification period. Those courses or training exercises not normally offered by approved vendors shall be requested for approval by the Board staff in advance.

The Board will not reimburse the training costs of partially completed training or failed training. Telecommunicators may return after additional preparation to attempt to complete the course requirements. Reimbursement of training costs of conferences or seminars offering multiple subject courses will be adjusted based on the telecommunicator’s attendance record.

History

Source: Miss Code Ann. § 19-5-355

31 Miss. Admin. Code Pt. 601, R. 6.3 Procedure

The board staff shall review all the information available on each telecommunication’s class and determine the eligibility and amount of reimbursement to each agency.

completion to the student and notify the staff in writing. This notification must be received prior to any further certification processing or reimbursement.

I. Agencies should receive payment within forty-five (45) days of returning the “Claim for Reimbursement Form”. If not, notify the Board staff.

History - Adopted – 07/1993; rev 05/2006, 07/2007, 10/2007, 10/2008, 10/2013, 08/2014, 04/2016, 08/2019, 05/2021, and 12/2022

History

Source: Miss Code Ann. § 19-5-355

Chapter 7 Standards of Training and Certification

31 Miss. Admin. Code Pt. 601, R. 7.2 Policy

The Board approved Basic Emergency Telecommunications Training Courses shall include classroom activity as well as hands-on skill certification. To begin the certification process, the successful completion of the Mississippi Emergency Telecommunications 16-Hour Orientation Course is required within the first ninety (90) days from the date of hire as a telecommunicator.
There are two types of courses used in the certification process. They are divided into:

A. Law Enforcement and Fire service and:

B. Emergency medical.

The Association of Public-Safety Communications Officials (APCO) Basic 40- Hour, the National Emergency Communications Institute (NECI) Basic 40-Hour, and the International Academies of Emergency Dispatch (IAED) Basic 40-Hour courses have been approved for basic emergency telecommunications training. Basic online courses are not approved for certification. For the emergency medical training the APCO 32-Hour, the NECI 24-Hour, and the International Academies of Emergency Dispatch (IAED) EMD courses have been approved. EMD Basic online courses are approved for certification.

History

Source: Miss Code Ann. § 19-5-353

31 Miss. Admin. Code Pt. 601, R. 7.3 Procedures

This section establishes procedures governing the standards to be used for Telecommunicators/Dispatchers.

A. Minimum Standards of Training and Certification for Law Enforcement Telecommunicators/Dispatchers.

Current certification by APCO Institute 40-Hour Telecommunicator Training Program or NECI Basic Emergency Communication Officer 40-Hour Training Program, or IAED 40-Hour Emergency Telecommunicator Course.
Current certification by a TCPR (online) vendor that shall follow evidence-based nationally recognized guidelines.

Note: This does not qualify the participant as an EMS telecommunicator or as a certified Mississippi Justice Information Center (MJIC) terminal operator.

B. Minimum Standards of Training and Certification for Fire Service Telecommunicators/Dispatchers.

Current certification by APCO Institute 40-Hour Telecommunicator Training Program or NECI Basic Emergency Communication Officer 40-Hour Training Program, or IAED 40-Hour Emergency Telecommunicator Course.
Current certification by a TCPR (online) vendor that shall follow evidence-based nationally recognized guidelines.

Note: This does not qualify the participant as an EMS telecommunicator or as a certified Mississippi Justice Information Center (MJIC) terminal operator.

C. Minimum Standards of Training and Certification for EMS Telecommunicators.

Successful completion of the International Academies of Emergency Medical Dispatch; APCO Institute of Emergency Medical Dispatch; or National Emergency Communications Institute - Emergency Medical Communications Officer training course.
Successful completion of the 40-Hour Basic APCO, NECI, or IAED course.
Current certification in CPR by the American Heart Association or the American Red Cross or an equivalent nationally recognized organization.
Current certification by a TCPR (online) vendor that shall follow evidence-based nationally recognized guidelines.

Note: These methods of certification for an EMS telecommunicator do not qualify the participant as a certified Mississippi Justice Information Center (MJIC) terminal operator.

Purpose of the training program
Objective of the training program
Description of the occupant
Competency of the MS Emergency Telecommunicator
Operational policies
Curriculum description
Course design
Planning Considerations
Class size
Students
Faculty
Program Director
Instructional Faculty
Class Schedule
Classroom
Didactic instruction
Lab (psychomotor skills demonstration)
Cost
References
Instructor’s lesson plan
Testing and evaluating methods
Certification
Student records and identification

History - Adopted – 07/1993; rev – 11/2000, 05/2001, 05/2006, 07/2007, 10/2008, 4/2009, 04/2016, 08/2019, 05/2021, and 12/2022

History

Source: Miss Code Ann. § 19-5-353

Chapter 8 Standards for Successful Completion of the Emergency Telecommunications Training Program

31 Miss. Admin. Code Pt. 601, R. 8.1 Purpose

This section establishes policy and procedures governing the standards to be used by accredited training instructors in determining what constitutes successful completion of the Emergency Telecommunications Training Program for state certification.

History

Source: Miss Code Ann. § 19-5-355

31 Miss. Admin. Code Pt. 601, R. 8.2 Policy

The Board-approved Emergency Telecommunications Training Program shall include classroom activity. Standards for successful completion of the ETTP program include:

C. A passing academic score as determined by the course vendor,

D. Successful completion of the Mississippi Emergency Telecommunications 16-Hour Orientation Course (required within the first ninety (90) days from date of hire as a telecommunicator).

C. Current certification by a TCPR (online) vendor that shall follow evidence-based nationally recognized guidelines.

DC. Failure to complete all of these standards will render the student ineligible for certification as an emergency telecommunicator until the deficiency has been corrected. The ETTP program must be completed as a whole unit of training. If individual portions of the training are not successfully completed within the one-year time period, the employer shall be personally responsible for that individual’s salary.

History

Source: Miss Code Ann. § 19-5-355

31 Miss. Admin. Code Pt. 601, R. 8.3 Procedures

This section establishes procedures governing the admission, attendance, scoring, and completion of Emergency Telecommunicator training.

A. Admission/enrollment

For classroom training, the course instructor or host agency shall be charged with the registration of students into the respective basic and emergency medical dispatch (EMD) classes. Registration shall include those students who currently perform telecommunicator duties with a public safety, law enforcement, fire, or EMS agency.

B. Readmission procedure

Any student who is dismissed or voluntarily withdraws from a basic or EMD training course may be eligible for readmittance for training at a future date as long as it is within the one-year period of the date of employment.

C. Academic Students must achieve a final passing academic score as determined by the vendor to successfully complete the basic and/or EMD course.

The course instructors shall administer the appropriate vendor test plan to evaluate the student's retention of knowledge attained in the course.

a. The test plan for the law enforcement and fire telecommunicator certification must include all of the essential areas of one of the following Board-approved basic courses:

Association of Public-Safety Communications Officials (APCO) 40-Hour Basic course.
National Emergency Communications Institute (NECI) 40-Hour Basic Course.
International Academies of Emergency Dispatch (IAED) 40-Hour Emergency Telecommunicator Course.

APCO 32-Hour “Basic EMD Certification Course”,
NECI 24-Hour “Emergency Medical Communications Officer” Course,
International Academies of Emergency Dispatch (IAED) 24-Hour EMD Course.
The test plan must ensure re-dress of missed questions for each student. This effort will be directed toward making the student academically self-sufficient after the training program.
Any student who fails to achieve a passing academic average as determined by the course vendor will not be allowed to attain state certification. Students who are dismissed from a training course for academic reasons may re-enroll in the next available class.

D. Scoring Procedures

For classroom training, all testing mechanisms shall be scored under supervision of the course instructor or course vendor using prescribed procedure.
Students shall be given feedback on their performance for every graded event. Missed answers shall be covered with each student.

History - Adopted – 07/1993; rev – 05/2006, 07/2007, 10/2007, 10/2008, 04/2009, 04/2016, 08/2019, 05/2021 and 12/2022

History

Source: Miss Code Ann. § 19-5-355

Chapter 12 Re-Certification of Emergency Telecommunicators

31 Miss. Admin. Code Pt. 601, R. 12.1 Purpose

This section establishes policy and procedure for re-certification of emergency telecommunicators.

History

Source: Miss Code Ann. § 19-5-353

31 Miss. Admin. Code Pt. 601, R. 12.2 Policy

The Board shall re-certify those emergency telecommunicators who continue to meet the employment guidelines established in accordance with Mississippi Code as Annotated Section 19-5-353 as well as having completed the prescribed continuous training requirements established henceforth.

History

Source: Miss Code Ann. § 19-5-353

31 Miss. Admin. Code Pt. 601, R. 12.3 Procedures

All emergency telecommunicator applicants for re-certification shall complete the following steps to maintain their current certification status with the Board.

Completion of at least 48 hours of elective training from no fewer than six subject areas over the three-year certification period. (subject area requires a minimum of four (4) hours)

Note: All out of state travel must be approved in writing by the Board prior to attending requested courses.

e. Completing another Basic and/or EMD course similar to that taken for initial certification is not creditable as a re-certification elective.

C. Once all appropriate paperwork and training has been completed and submitted to the Board, the emergency telecommunicator will be re-certified for another three years.

E. Break-in-Service: There is herein established a set of re-certification guidelines for those state certified emergency telecommunicators who leave the profession and later return.

Telecommunicators who have a break-in-service of four years or more shall be required to complete the same certification requirements as those who are new to the profession. This shall include completing a basic course, TCPR course, and orientation course (unless the orientation course was completed before the break) for law enforcement and fire certification and the EMD basic/CPR course for EMD certification.
Telecommunicators who have a break-in-service of less than four years shall meet re-certification requirements within one year of being rehired. Any training requirements completed after the most recent certification date and prior to the break-in-service shall count towards re-certification.

History - Adopted – 07/1993; rev – 01/2003, 10/2008, 04/2009, 10/2010, 04/2012, 02/2014, 08/2014, 04/2016, 08/2019, 05/2021 and 12/2022

History

Source: Miss Code Ann. § 19-5-353

BOARD OF LAW ENFORCEMENT OFFICER STANDARDS TRAINING BOARD OF LAW ENFORCEMENT OFFICER STANDARDS TRAINING

Part 301 Board on Law Enforcement Officer Standards and Training Professional Certification Policy and Procedures

31 Miss. Admin. Code Pt. 301, R. 1.1 Definitions

Board - Shall mean the Board on Law Enforcement Officer Standards and Training.
Board Director - Shall mean the Director of the Division of Public Safety Planning. 5. Break in Service - Any period of time when an individual is not a law enforcement officer as defined in this policy. 6. Certificates - Shall mean certificates issued only to fully qualified officers. 7. Certified - Shall mean the Board has acknowledged that all requirements mandated by this policy and the Law Enforcement Officers Training Program have been achieved and that a certificate has been issued as documentation of the same. 8. Chief of Police - Shall mean the chief law enforcement officer of the municipality, who shall have control and supervision of all police officers employed by the municipality. The officer in charge of municipal law enforcement officers, regardless of title, is acting as the Chief of Police. 9. Code of Ethics - Shall mean the ethical mandates set forth in Chapter 4, Rule 4.4,(1), Law Enforcement Code of Ethics, that law enforcement officers use to perform their duties. 10. Criminal Record - Shall mean any type of felony or misdemeanor conviction. 11. Disqualifying Criminal Convictions - Shall mean a criminal record that is specific and directly related to the duties and responsibilities of a law enforcement officer as determined by a consideration of the following factors: the nature and seriousness of the crime for which the individual was convicted; the passage of time since the commission of the crime; the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a law enforcement officer; and any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation. 12. Employment Standards - To be qualified for employment as a law enforcement officer, the applicant must meet the following standards and requirements: Be at least twenty-one (21) years of age, a high school graduate (or obtain a General Educational Development (GED)

Diploma), and a United States citizen; be of such good physical and mental condition to be capable of performing the duties under conditions inherent to the profession, as verified by a licensed physician; and be of good moral character as evidenced among other things by having neither a conviction, a plea of guilty, a plea of nolo contendere, probation, pre-trial diversion or the payment of any fine for a felony or a misdemeanor involving moral turpitude or in relation to a crime that is directly related to the duties and responsibilities of a law enforcement officer; and have engaged in no conduct or action that would greatly diminish the public trust in the competence and reliability of a law enforcement officer. Former members of the Armed Forces must have been discharged under honorable conditions. Fitness for service as it relates to moral character must be verified by an appropriate background investigation. 13. Equivalency of Training - Shall mean the assessment of an applicant's law enforcement training, education, experience and qualifications. 14. “Grand-fathered” or exempt officers - Shall mean full-time law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the division of community services under § 47-7-9, Mississippi Code of 1972, serving on July 1, 1994, are not required to meet any of the provisions of the Law Enforcement Officers Training Program. 15. Lateral Transfer - A transfer by a certified officer to a different law enforcement agency. 16. Law Enforcement Employer - Shall mean the agency which employs the law enforcement officer. 17. Law Enforcement Officer - Shall mean any person or individual appointed or employed full time by the state or any political subdivision thereof, or by the state military department as provided in Section 33-1-33, who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. The term "law enforcement officer" also includes employees of the Department of Corrections who are designated as law enforcement officers by the Commissioner of Corrections pursuant to Section 47-5-54 and includes those district attorney criminal investigators who are designated as law enforcement officers. However, the term "law enforcement officer" shall not mean or include any elected official or any person employed as a legal assistant to a district attorney in this state, compliance agents of the State Board of Pharmacy, or any person or elected official who, subject to approval by the board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph, "appointed or employed full time" means any person, other than a deputy sheriff or municipal law enforcement officer, who is receiving gross compensation for his or her duties as a law enforcement officer of Two Hundred Fifty Dollars ($250.00) or more per week or One Thousand Seventy-Five Dollars ($1,075.00) or more per month; for a deputy sheriff or municipal law enforcement officer, the term “appointed or employed full time” means a deputy sheriff or municipal law enforcement officer who is receiving gross compensation for his or her duties as a law enforcement officer of Four Hundred Seventy-five Dollars ($475.00) or more per

week or Two Thousand Fifty Dollars ($2,050.00) or more per month. 18. Law Enforcement Trainee - Shall mean any person appointed or employed in a full-time, part-time, reserve or auxiliary capacity by the state or any political subdivision thereof for the purposes of completing all the selection and training requirements established by the board to become a law enforcement officer or a part-time law enforcement officer. Such individuals shall not have the authority to use force, bear arms, make arrests or exercise any of the powers of a peace officer unless: A. The trainee is under the direct control and supervision of a law enforcement officer;

B. The trainee was previously certified under this chapter; or

C. The trainee is a certified law enforcement officer in a reciprocating state

Moral Turpitude - Any conduct, or pattern of conduct, contrary to justice, honesty, honor, modesty or good morals that would tend to disrupt, diminish or otherwise jeopardize public trust and fidelity in law enforcement.
Part-time Law Enforcement Officer - Shall mean any person or individual appointed or employed in a part-time, reserve, or auxiliary capacity by the state or any political subdivision thereof who is duly sworn and vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime, the apprehension of criminals and the enforcement of the criminal and traffic laws of this state and/or the ordinances of any political subdivision thereof. However, the term “part-time law enforcement officer” shall not mean or include any person or elected official who, subject to approval by the Board, provides some criminal justice related services for a law enforcement agency. As used in this paragraph “appointed or employed” means any person, other than a deputy sheriff or municipal law enforcement officer, who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Two Hundred Fifty Dollars ($250.00) per week or One Thousand Seventy-Five Dollars ($1,075.00) per month; for a deputy sheriff or municipal law enforcement officer, the term ‘appointed or employed” means a deputy sheriff or municipal law enforcement officer who is performing such duties at any time whether or not they receive any compensation for duties as a law enforcement officer provided that such compensation is less than Four Hundred Seventy-five Dollars ($475.00) per week or Two Thousand Fifty Dollars ($2,050.00) per month.
Probationary Period - A period of one year for full-time status and two years for part-time status from the initial date of hire as a law enforcement trainee, in the original appointment. The probationary period cannot be enlarged by additional or multiple appointments. Individuals acquire an additional two-year period following a break in-service of more than two years.
Self-Sponsored Cadet - Shall mean any person applying to an accredited law enforcement academy with the intent of completing the basic course curriculum or refresher course curriculum for full-time or part-time employment.
Training Packet - Shall mean the Board adopted forms used to collect information necessary for enrollment in a basic, part-time/reserve or refresher training course.

History: adopted - 07/1981; rev - 04/1988, 10/1991, 07/1998, 07/2004, 07/2006, 07/2007, 09/2008, 05/2013, 03/2017 and 08/2020

History

Source: Miss Code Ann. § 45-6-3, 45-6-7

Chapter 2 Applicant Evaluation, Employment and Certification Procedures

31 Miss. Admin. Code Pt. 301, R. 2.1 Purpose

This section establishes policy and procedure for certification of law enforcement officers.

Note: This section comprises sections formerly known as “grand-fathered” officers, newly employed officers and lateral transfers.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 2.2 Policy

The Board shall certify as law enforcement professionals those persons who meet the employment guidelines established in accordance with Mississippi Code as Annotated § 45- 6-11 (3). Additionally, the Board shall certify certain eligible law enforcement officers as being exempt from the requirements.

A. Certification under the Law Enforcement Officers Training Program (LEOTP) is limited by law to law enforcement officers only. A law enforcement officer is defined in the statute (§ 45-6-3 (c) and (d)) as any person who is:

Appointed or employed full-time, part-time, reserve, or auxiliary by the state or any political subdivision thereof,
Duly sworn,
Vested with the authority to bear arms, and to make arrests,
And assigned, as their primary responsibility, duties which are the prevention and detection of crime, the apprehension of criminals and the enforcement of criminal and traffic laws of the state and/or of a political subdivision of the state.

B. § 45-6-11 (1) provides an exclusion or “grand-father clause” for eligible law enforcement officers.

Law enforcement officers already serving under permanent appointment on July 1, 1981, and personnel of the division of community services under § 47-7-9, Mississippi Code of 1972, serving on July 1, 1994 are not required to meet any of the provisions of the LEOTP. This is the sole qualifying factor for any exemption under the “grand-father clause” of the LEOTP Act. The Act does not provide for any exemption based on prior years of service.
This exclusion from the requirements of the LEOTP is valid so long as the eligible officer does not have a break in law enforcement employment of more than two years. If an officer who is grand-fathered under the LEOTP leaves employment as a law enforcement officer and is not re-employed as a law enforcement officer within two years, the officer will be required to meet all the requirements as described in the Act.

C. All law enforcement applicants with the noted exception in paragraph (b) above must meet the following guidelines to be employed as a law enforcement officer:

“Be at least 21 years of age upon graduation from a training academy.”
Be a high school graduate or obtain a General Educational Development (GED) Diploma,

a. High School graduate is defined as graduating from a secondary school in an accredited school district having earned the required Carnegie units and successfully completed any and all subject area testing as specified by the Mississippi Department of Education in the year the diploma was awarded.

b. Accredited schools include those accredited by the Departments of Education from each State, the Independent/ Private School Association from each State, the Association of Christian Schools International, the National Council for Private School Accreditation, the Southern Association of Colleges and Schools (SACS) or one of the six regional bodies of the Association of Colleges and Schools, and AdvancED.

c. In lieu of a high school diploma, a college diploma from an accredited institution will be accepted. It must be an Associate’s (AA or AAS) or higher. Technical Certificates will not be accepted. Accredited schools include those accredited by an Accrediting Agency recognized by the U.S. Department of Education.

d. If an applicant has not obtained a high school diploma from an

accredited school, the applicant must obtain a GED through the Mississippi Department of Education or obtain an equivalent score on a GED test administered by the American Council on Education.

e. Applicants may provide a composite test score on the ACT of 15 or higher in lieu of a GED score. ACT scores can only be accepted if the score is on an official form (student or institution copy) or as part of an official school transcript.

Be a United States citizen,
Be of good physical and mental condition, capable of performing the duties, under conditions inherent to the profession, as verified by a licensed physician,
And be of good moral character as evidenced among other things by having neither a conviction, a plea of guilty, a plea of nolo contendere, having been ordered into probation or pre-trial diversion or have been fined in relation to a felony or a misdemeanor involving moral turpitude or to a crime that is directly related to the duties and responsibilities of a law enforcement officer; and not have been engaged in any conduct or action that would greatly diminish the public trust in the competence and reliability of a law enforcement officer. Former members of the Armed Forces Individuals must have been discharged from the Armed Forces under honorable conditions. Fitness for service as it relates to moral character must be verified by an appropriate background investigation.

D. Individuals who meet both the definition for a law enforcement officer in paragraph (C) above and who meet the minimum employment guidelines are eligible to be employed as a law enforcement officer.

Such officers must successfully complete prescribed training and obtain certification within one year for full-time status and two years for part-time status from their date of hire.

Note: Although the statute provides up to one year for full-time status and two years for part-time status from the date of hire and under certain limited conditions individuals may lawfully serve beyond this period, agencies should adopt policies to provide training as soon as possible, preferably prior to the assignment of any law enforcement duties. Law enforcement administrators are responsible for providing adequate and appropriate training to reduce the potential risks of conduct which could result in a violation of someone's civil rights, injury or death. Failure to do so has been construed by the courts as being deliberately indifferent.

The probationary period begins upon the initial date of hire as a law enforcement officer. Individuals who begin employment with an agency in a non-law

enforcement position such as a jailer must report the effective date of their transfer to a law enforcement position as their initial date of hire.

The probationary period is cumulative in nature and cannot be enlarged by additional or multiple employments. If an officer transfers from one department to another department prior to obtaining certification, the total time served will count toward the probationary period. For example, if a part-time officer began employment and quits after three months, the officer would have twenty-one months remaining upon subsequent employment. The full probationary period may only be reinstated upon a break in service of two years or more.

E. The LEOTP makes no provision to waive, enlarge or extend the probationary period nor does the Act authorize the Board on Law Enforcement Officer Standards and Training to waive, enlarge or extend the period. However the Act does provide that any person, who, due to illness or other events beyond his/her control, could not attend the required school/training as scheduled, may serve with full pay and benefits in such a capacity until he/she can attend the required school/training.

To qualify as being eligible to continue receiving pay beyond the probationary period, individuals generally must have met all selection criteria upon employment and in particular must have been able to meet the physical fitness guidelines as determined by a licensed physician. Any individual employed as a law enforcement officer with a pre-existing medical or other condition that would preclude his/her participation in the law enforcement training program does not meet the entry level standards and is not eligible for law enforcement service.
Applicants must have been scheduled to attend a specific basic course by name and accepted for enrollment in a course which would have satisfied the probationary period requirement. Once it is determined that an officer cannot complete the course as scheduled, the hiring agency must provide written documentation that fully describes the event which prevents the student from successfully completing the course. The written documentation must include adequate documentation that the event was indeed beyond the student's control. A student's dismissal from the training program due to misconduct or failure to meet the academic/training standards would not constitute an event beyond that student's control. Illnesses, injuries or other events which could be reasonably avoided would not excuse a student's failure to achieve the training standards. Events, which are precipitated by a student's negligence, misconduct or illegal activity, will not be considered as “beyond the student's control”. For example, a vehicular accident in which the student operator was found to be operating the vehicle in a willfully reckless fashion or under the influence of intoxicating substances would not be beyond that student's control as such events can be readily avoided.
Any such event which prevents a student from completing the course as scheduled must be temporary in nature. Applicants must have reasonable potential to recover from the illness, injury or other event and make a reasonable effort to successfully

complete the training course. In any case, applicants must complete the training within one year for full-time status and two years for part-time status from the date of their illness or injury or be reevaluated as to their ability to meet the physical fitness employment guidelines. Such evaluations will be conducted in accordance with the Board's policy on recall or cancellation of certificates. In addition to those procedures, applicants must submit a Board-approved medical examination dated within six months of the review hearing.

Events precipitated by natural disaster, civil disturbance, war or acts of God which would reasonably interfere with the normal conduct of law enforcement activities within a political subdivision or disrupt the law enforcement training programs of the state would enable an applicant to continue to serve and receive salary as a law enforcement officer.
Agencies must make every reasonable effort to provide training to their officers and adopt policies which ensure that their officers complete the prescribed training requirements within the probationary period. Agencies which fail to provide adequate funding or other appropriate resources to ensure compliance with the LEOTP will not be eligible to continue the service of officers who have not completed the training requirements within the probationary period.
Should the State fail to provide adequate resources or funding to enable each officer to complete the required law enforcement training within the time limit, agencies may continue to employ such officers until they have the opportunity to complete the next available training program.
The Board staff shall review the facts and circumstances for each instance where an applicant's department requests to continue service beyond the probationary period. The staff shall determine whether the applicant was eligible to be employed as a law enforcement officer, whether the applicant was scheduled to attend a basic course within the probationary period, whether the injury, illness or other event was beyond the control of the applicant and whether the situation will be temporary or permanent in nature.

F. The LEOTP makes provision to penalize agencies who employ officers without obtaining certification beyond the probationary period. These penalties include a loss of peace officer powers and authorization to receive a salary. To avoid these penalties, agencies should consider all contingencies in the planning of the evaluation, employment and training of their personnel.

History

Source: Miss Code Ann. § 45-6-7, 45-6-17

31 Miss. Admin. Code Pt. 301, R. 2.3 Procedures

All law enforcement employers shall follow these steps in the evaluation, employment and certification of law enforcement officers.

A. The employing agency must evaluate each law enforcement applicant to ensure each applicant meets the minimum employment criteria prior to employment. This evaluation must include the following:

A complete background investigation. This investigation is a critical factor in determining whether law enforcement applicants meet the requirements established under the LEOTP. The primary purpose of the investigation is to provide the law enforcement employer with enough factual information to determine if a particular candidate would ensure the continued public trust in the competence and reliability of the department.
The submission of the applicant's fingerprints to the Criminal Information Center of the MS Department of Public Safety (DPS/CIC) as a part of the background investigation.

Do not send fingerprints to the Board or to any of the academies. None of these agencies will forward your applicant's prints.

A review of the official Certificate of Release or Discharge from Active Duty, DD Form 214 for all applicants who have military service.
A review of appropriate official documents to certify successful completion of high school or the General Educational Development (GED) Testing Program as per Chapter 2, Rule 2.2, Subsection- c, Paragraph-2, Subparagraph-a - d.
A review of appropriate official documents to certify age and citizenship.
A medical and psychological review completed by a licensed physician. A medical and psychological exam is also required to enter the academy. Agencies shall use the training packet medical form required for entry into the academy to accomplish both requirements with one medical evaluation. Please note that the medical evaluation is valid for six months. Medical evaluations completed more than six months prior to enrollment in an academy must be updated.
A review of appropriate documents to verify current certification status for those applicants transferring from another law enforcement agency or jurisdiction.

Criminal Information Center/MJIC Department of Public Safety “Fingerprints” 3891 Highway 468 West Pearl, Mississippi 39208 Telephone # - (601) 933-2600; Fax # - (601) 933-2676

Officers who transfer from another Mississippi law enforcement agency with a valid certificate (with a break in-service of less than two years) must continue to meet all the minimum employment standards. Therefore, agencies must conduct a background investigation and medical/psychological exam of all applicants to include those officers who may already hold certification.

B. Once the employer has verified all the minimum employment standards and has employed the candidate, the employing agency shall create and maintain an individual personnel file containing a release of information form signed by the applicant, documentation of the aforementioned minimum employment specifics, documentation of the background investigation and the medical exam (i.e. official diplomas, birth certificate, DD Form 214, naturalization forms, FBI fingerprint report, etc.). The individual personnel file shall be maintained by the agency as long as the named officer is employed as a law enforcement officer within the agency. The agency head shall readily make the contents of the file available to the Board on Law Enforcement Officer Standards and Training upon receipt of a written request.

C. Law enforcement agencies must notify the Board on Law Enforcement Officer Standards and Training (BLEOST) within thirty days of the date of hire of any full- time, part-time, reserve, or auxiliary law enforcement officer. This notification shall be via a full-time or part-time “Law Enforcement Application for Certification and Background Investigation Review” form, Parts I, II and III. The Board will use this form to determine if the applicant meets the minimum employment and training standards required for certification.

Warning: MCA § 97-7-10 “Fraudulent Statements and Representations” provides for severe penalties for misrepresentations or fraudulent statements to a Board. This statute authorizes a fine of up to ten thousand dollars ($10,000.00) and a jail sentence of up to five (5) years. Further, the Law Enforcement Officers Training Program authorizes the Board in MCA § 45-6-11 (7) to cancel and recall any certificate obtained through misrepresentation or fraud.

The agency head is responsible for conducting a background investigation. The investigation should reveal whether the applicant is a “grand-fathered” officer, a certified officer or an officer who has not obtained certification in Mississippi.

a. The full-time or part-time "Law Enforcement Application for Certification and Background Investigation Review" form, Parts I, II and III shall be submitted for either officers who have not obtained certification in this state or officers who have had a break in service of two years or more. Part II of this form must be signed and dated by the applicant. Part III of this form must be signed and dated by the agency head or an authorized designee. Both Parts II and III must be signed and dated before a notary public.

b. Agency heads must designate persons to sign BLEOST forms in writing. Such authorizations shall be submitted to the Board.

c. If the applicant for certification is the agency head, (i.e., Chief or director) forms must be signed by the next individual in the chain of command such as a mayor or college dean, etc.

To obtain credit for completion of basic training, agencies must submit appropriate documentation with the “Law Enforcement Application for Certification and Background Investigation Review” form. Appropriate documentation shall consist of a copy of a training certificate, a score sheet or a letter authenticated by an academy official. Credit may also be granted for completion of an advanced training course such as the Southern Police Institute or the FBI Academy.
In all cases, the employing agency must submit Parts I, II and III of the “Law Enforcement Application for Certification and Background Investigation Review” form within thirty days whenever any individual is employed as a law enforcement officer. Part II lists questions with a choice of a “yes” or “no” answer and contains a statement to be signed and dated by the applicant. Part III lists procedures to be initialed, to signify completion, by the head of the agency/department or his/her authorized signee and contains a statement to be signed and dated by the agency head or the authorized signee. Both Parts II and III must be signed and dated before a notary public.

a. Any of the questions in Part II, items one (1) through ten (10), that are answered "yes" must be explained in writing to the Board. The explanation must be typed or printed in ink on separate 8.5 x 11 sheets of paper, signed and dated by the applicant and include all related court documents. All crimes (regarding questions 4 and 5) must be reported. The only exceptions to this requirement are traffic offenses where the fine is less than one hundred dollars ($100.00) and where the applicant has had fewer than four (4) traffic offenses within the preceding twenty-four (24) months (excluding drug or alcohol related offenses).

b. Traffic offenses where the fine was more than one hundred dollars ($100.00) or offenses that involve drugs or alcohol must be reported and explained. If the applicant has had four (4) or more traffic offenses within the previous twenty- four (24) month period, the date and disposition of each offense must be listed.

c. All other types of offenses are crimes and must be reported, regardless of the fine, pleas entered, or the adjudication status. This would include but is not limited to cases that are non-adjudicated, nolle prossed, dismissed, acquitted, or expunged.

d. Explanation of crimes or related matters should include the date of the offense and the status of the case.

Agencies must submit a “Law Enforcement Application for Certification and Background Investigation Review” form, Parts I, II and III and an explanation for any answers of “yes” in Part II. Agencies should also submit documentation of basic training if applicable. No other forms or documents should be sent to the Board unless requested by the staff in writing. Other diplomas, in-service training certificates, birth records, fingerprint cards etc. should be retained in the agency personnel file.

D. The Board Certification Section shall review each set of forms submitted to the Board. The Certification Section:

Shall determine that all appropriate forms are included.
Shall analyze each document to verify certification specifics which the Board must consider in accordance with established policy and procedure.
Shall determine the Certification Status of each applicant;

a. Eligible for exclusion ("grand-fathered") under § 45-6-11 (1),

b. Eligible for transfer of current certification to another law enforcement agency (break in service of less than two years),

c. Eligible for certification after successful completion of the Skills Test and Law Courses of the Refresher Course (completion of a Board-approved basic training course and break in service of more than two years), or the Refresher Course (completion of a Board-approved basic training course and break in service of more than five years).

d. Eligible for certification after successful completion of Board-approved basic training course,

e. Or not eligible for certification.

Shall communicate with the employing agency in writing to clarify information as needed and to inform the agency of the applicant's certification status.
Shall track progress toward completion of assigned training of all applicants.

E. After the staff has notified the agency head of the applicant's certification status, the agency head must then ensure that all arrangements are made to enroll the officer in an appropriate training program. Once the applicant has successfully completed the prescribed training and the Board has approved the individual or group of applicants, the staff will distribute certificates and provide reimbursement of authorized expenses.

F. Self-Sponsored individuals may request to attend an accredited academy for the purpose of completing basic or refresher training before applying for a law enforcement position. Self-Sponsored individuals must obtain certification within two years of completing basic or refresher training. If certification is not granted, the training must be repeated.

Accredited academies may enroll and train self-sponsored cadets after completing the following steps:

The academies must evaluate each self-sponsored applicant to ensure each applicant meets the minimum employment criteria prior to employment. This evaluation must include the following:

A complete background investigation. This investigation is a critical factor in determining whether law enforcement applicants meet the requirements established under the LEOTP. The primary purpose of the investigation is to provide enough factual information to determine if a particular candidate would ensure the continued public trust in the competence and reliability of a law enforcement officer.

a. Academies must submit a “Law Enforcement Application for Certification and Background Investigation Review” form, Parts I, II and III and an explanation for any answers of “yes” in Part II which also contains a statement to be signed and dated by the self-sponsored applicant. Part III lists procedures to be initialed, to signify completion, and contains a statement to be signed and dated by the head of the academy or his/her authorized signee. Both Parts II and III must be signed and dated before a notary public.

The submission of the applicant’s fingerprints to the Criminal Information Center of the MS Department of Public Safety (DPS/CIC) as a part of the background investigation.
A review of the official Certificate of Release or Discharge from Active Duty, (DD Form 214), or other official documents of release or discharge for all applicants who have military service.

Criminal Information Center/MJIC Department of Public Safety “Fingerprints” 3891 Highway 468 West Pearl, Mississippi 39208 Telephone # (601) 933-2600; Fax # (601)933-2676

A review of appropriate official documents to certify successful completion of high school or the General Educational Development (GED) Testing Program as per Chapter 2, Rule 2.2, Subsection c, Paragraph 2, Subparagraph a-d.
A review of appropriate official documents to certify age and citizenship.
A medical and psychological review completed by a licensed physician. A medical and psychological exam is also required to enter the academy. Academies shall use the training packet medical form required for entry into the academy to accomplish both requirements with one medical evaluation. Please note that the medical evaluation is valid for six months. Medical evaluations completed more than six months prior to enrollment in an academy must be updated.

G. Academies may charge the self-sponsored cadet a fee to cover the expense of the background investigation. The payment of fees and tuition for basic training is the responsibility of the self-sponsored cadet. The academy may withhold a self-sponsored cadet’s records for successful completion until their financial obligation has been met. If the self-sponsored cadet that has attended the academy is appointed or employed as a law enforcement officer, he/she will be classified as a law enforcement trainee until the academy releases his/her records of successful completion of the academy.

H. Individuals aggrieved by the actions of the BLEOST staff may request to present their request before the Board at a regularly scheduled meeting. Such requests must be presented to the staff in writing not later than 10 working days prior to the next regularly scheduled Board meeting.

History - adopted - 10/1991; rev - 01/1995, 03/1996, 04/1997, 08/1997, 07/1998, 11/2003, 05/2005, 11/2007, 09/2008, 05/2013, 03/2017, 09/2018 and 08/2020

History

Source: Miss Code Ann § 45-6-7, 45-6-9

Chapter 3 Professional Certificates

31 Miss. Admin. Code Pt. 301, R. 3.1 Purpose

This section establishes policies and procedures governing professional certificates.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 3.2 Policy

Vested by law with ownership of and full responsibility for law enforcement officers' certificates, the Board's policy is to ensure that certificates are issued only to fully qualified officers and revoked when appropriate and that all certificates are accounted for at all times. The law specifies that any certificate for a law enforcement officer issued as a result of the

Law Enforcement Officers Training Program is the property of the Board. Although the certificate is issued in the name of the individual officer, the Board shall place the certificate in the stewardship of the employer and shall retain the right to require return of the certificate to the Board. The employer shall not transfer a certificate issued by the Board to any person or agency except through the Board director.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 3.3 Procedures

All law enforcement employers included under the Law Enforcement Officers Training Program as described in this Policy and Procedures Manual should follow these steps in safekeeping certificates issued to their employees by the Board.

A. The employer, upon receiving the certificate from the Board director, should record the certificate number and the date issued in the employee's personnel file.

B. The certificate should remain in the physical custody of the employer at a site which houses agency operations. The employer may provide the employee with a photo static copy of the certificate.

C. The certificate, if defaced, destroyed, misplaced, or stolen while in the stewardship of the employer, will normally be replaced with a photo static copy. The production of duplicate certificates shall be minimized. The staff will evaluate each incident prior to the issuance of a duplicate certificate.

D. The employer should return the certificate to the Board director, along with a complete “Termination/Reassignment Report” form, within ten working days after:

The employee no longer meets all of the qualifications for employment (i.e.- the employee has been convicted, pled guilty, pled nolo contendere, fined, ordered into probation or pre-trial diversion in relation to a felony or a crime involving moral turpitude or to a crime that is directly related to the duties and responsibilities of a law enforcement officer, etc. [the employer shall provide official documentation of any such conviction]);
Receiving written notice from the Board of evidence that the certificate was obtained through misrepresentation or fraud;
The employee dies, resigns, laterally transfers or is terminated;
The employee takes leave or is assigned leave from actual performance of law enforcement duties from the employer for any reason for an indefinite period or for a period planned to last more than twelve months;
And receiving written notice from the Board that the certificate shall be returned for other due cause as determined by the Board.

E. The staff shall decide the disposition of a certificate within a reasonable time after receiving notice that a certificate has been returned. The Board may decide to:

Delay consideration of the return of the certificate;
Inactivate the certificate;
Assign stewardship of the certificate to a new law enforcement employer or;
Annul/revoke a certificate, if issued in error or through misrepresentation or fraud.

F. In the case of lateral transfer, the staff shall forward the certificate to the appropriate employer.

G. The staff shall maintain the certificate and all other file information of officers who have died or whose certificates have been inactivated in the Board files.

H. When the staff has inactivated a certificate because an officer is no longer in law enforcement employment as described in this Policy and Procedures Manual, is on indefinite leave or leave for more than one year, or for other reasons the Board director may reactivate the certificate when the certified officer resumes employment for the employer who returned the certificate or under a new law enforcement employer included under the Law Enforcement Officers Training Program. In any case, the employer may initiate the reactivation process by forwarding a “Law Enforcement Application for Certification and Background Investigation Review” form, Parts I, II and III to the Director. The Board director shall forward a reactivated certificate to the employer.

I. When an officer, certified by Mississippi statute, leaves law enforcement employment for a period of two years or more, his or her certification will lapse. Upon receiving a request to reactivate the officer’s certification, the staff shall notify the employer, by letter, that the officer’s certification has lapsed, and that the officer must qualify for Board certification within one year for full-time status and two years for part-time status of his or her current date of hire.

History - Adopted - 07/1981; rev - 04/1988/1997, 07/1998, 11/2003, 09/2006, 11/2006, 05/2013 and 08/2020

History

Source: Miss Code Ann. § 45-6-7, 45-6-9

Chapter 4 Hearings, Denial or Other Sanctions of Certificates

31 Miss. Admin. Code Pt. 301, R. 4.1 Purpose

This section establishes policy and procedures governing the classification of “not eligible for certification” or the reprimand, suspension (under conditions imposed by the board), recall or cancellation of the professional certificate of a law enforcement officer. This section also establishes the policy and procedures for board hearings for anyone aggrieved of a finding by the staff or to make special requests for relief under board policies.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 4.2 Policy

The Board may reject any unqualified applicant for certification by a classification of not eligible for certification. Further, the Board reserves the right to reprimand, suspend or cancel and recall any certificate when:

A. The certificate was issued by administrative error;

B. The certificate was obtained through misrepresentation or fraud;

C. The holder has been convicted, pled guilty, pled nolo contendere, fined, ordered into probation or pre-trial diversion in relation to a felony or a crime involving moral turpitude or that is directly related to the duties and responsibilities of a law enforcement officer;

D. The holder has committed an act of malfeasance or has been dismissed from his employing law enforcement agency; or

E. The physical or mental condition of the officer is such that the officer is incapable of performing law enforcement duties inherent to the profession; or

F. Other due cause as determined by the Board.

The Board has established standards and qualifications by rule and regulation for the employment of law enforcement officers as they relate to the competence and reliability of persons to discharge the responsibilities of that position of public trust. These standards address minimum age, education, training, physical and mental standards, citizenship, good moral character and experience.
Any conduct or action that would breach the established minimum standards, violate the Law Enforcement Code of Ethics or would greatly diminish the public trust in the competence and reliability of a law enforcement officer would be actionable as due cause for reprimand, suspension (under conditions), recall or cancellation of a certificate.

History

Source: Miss Code Ann. § 45-6-7, 45-6-11

31 Miss. Admin. Code Pt. 301, R. 4.3 Procedures

The procedures listed herein shall be followed to ensure a fair and expedient process consistent with law.

A. The Board staff shall open a certification review file upon the instruction of the assistant director or the director. The director or the assistant may base the opening of a review file on a number of sources.

Routine activity by the Board staff that discloses noncompliance with the LEOTP or established policy shall be considered as possible basis for opening a certification review file.
Law enforcement agency heads may request in writing to the assistant director or the director that a certification review file be opened.
The investigative divisions of the state or a political subdivision thereof may request in writing to the assistant director or the director that a certification review file be opened

a. All such requests in Chapter-4, Section-3, Subsection-a, Paragraph-2 and 3 above, should be accompanied by documents to support the review request. All accepted materials shall become a part of the individual officer's application packet.

b. The release of these materials shall be in accordance with the Board's policy and the Open Meetings and Records Act.

B. Once the certification review file has been opened, the Board staff shall be responsible for organizing the materials submitted as a result of the review process. The staff may correspond with the employer, official records clerks or investigative agencies to clarify information. The staff may also initiate a request through the director to the investigative division of the Office of the Attorney General for further investigative support if needed.

C. The staff will indicate whether criminal charges have been initiated and maintain a current status report for each opened certification review file. (Information on court dates, hearings, pleas, adjudication status and sentencing shall be maintained to enable the director to take immediate action once a case has been heard.)

D. The director or the assistant director shall review the status of all open certification review files on a regular basis.

E. Once the director believes that there is sufficient cause to support a Board action in the case, the director shall decide whether a sanction should be initiated. The director may elect to:

Delay consideration pending further information;
Proceed with an administrative action such as a declaration of ineligible for certification or other approved sanction,
Proceed with a hearing to enable the full Board to evaluate the case.

F. The director shall have the administrative authority to issue both temporary or permanent declarations of ineligibility for certification as well as an administrative revocation of those certificate holders who have been charged with a felony crime, or when probable cause is found by the court pursuant to Miss. Code Section 99-3-28, or adjudicated guilty of a misdemeanor crime, other than the crimes not required to be reported on part II of the Law Enforcement Application for Certification and Background Investigation Review

G. Individuals must be notified in writing of any administrative sanction including non- eligibility. The notification letter must contain the reasons for the sanction as well as a statement of the specific findings by the staff. The notification letter must also include instructions for requesting a board hearing. Any applicant who shall have voluntarily surrendered his or her certificate through a written instrument or any sworn statement shall be deemed to have waived any right to a board hearing, effective July 1, 2026

H. Board hearings may be convened at the request of the director or upon the receipt of a request from an individual aggrieved of a staff finding, administrative action or to obtain relief under board policies. The director shall inform the Chair of any requests for a hearing and provide any additional information related to the hearing. The Chair may elect to hold the hearing at the next regularly scheduled meeting or at a specially convened meeting for that purpose.

Once the date has been established for the hearing, the director shall notify the officer/individual and the agency head of the hearing date. The letter shall state, in clear terms, the time and place of the hearing, purpose of the hearing and proposed action to be taken. The letter will also:

a. Invite the officer/individual to appear personally before the Board to make a presentation on his certification.

b. Advise the officer/individual that they have a right to be heard, present evidence and that they may bring people to give oral testimony or to provide assistance in the presentation. They also may question any adverse witnesses.

c. Advise the officer/individual that they may have counsel assist and/or represent them at the hearing.

d. Advise the officer/individual that strict rules of evidence do not apply.

e. Advise the officer/individual that documents may be submitted for consideration. All copies of any official documents must be submitted under the county seal or notary public. Any written testimony must be presented in the form of duly sworn affidavits. All documents must be submitted to the Board staff not later than five working days before the hearing.

I. Any document available under the Open Records Act shall be made available to the respondent upon request. A continuance for the hearing may be granted provided the respondent demonstrates good cause.

J. At the appointed time, the chair shall convene the certification hearing. The chair or the vice chair shall be the presiding officer and control the course of the hearing. The Board itself shall constitute the hearing panel during regularly scheduled meetings. The Board shall also employ, at a specially convened meeting for certification hearings, a special hearing panel consisting of at least three (3) members of the Board. This special hearing panel shall comply with all policies and procedures of the Board and with the requirements of Mississippi Code Annotated § 45-6-7, as amended by House Bill 691, Regular Session 2024

The proceedings of the hearing shall be recorded electronically, and a record made by a qualified court reporter.
The Board shall consider all oral and written material presented at the hearing.
The Board Attorney shall begin by putting information into the record including:

a. The fact that the respondent received notice of hearing and complaint,

b. The fact that the respondent has applied for certification or has been certified by the board.

c. The fact that the respondent was advised of his right to have counsel present, to be heard, present evidence, witnesses and question any adverse witnesses.

The Board Attorney shall have the court reporter administer an oath to all those present who desire to speak on record.
The hearing shall proceed with the board’s representatives presenting their evidence and/or witnesses. The respondent may cross examine any witness. At the conclusion of the board’s presentation, the respondent will then be given an opportunity to present evidence or witnesses. The board’s representative may cross

examine any witness. The Board Members may ask any questions they have of any witness during the hearing.

At the conclusion of all presentations and arguments, the Board may vote to enter executive session to deliberate their findings and conclusions. The final vote shall be recorded for the record. During the executive session, members may request the director, other staff or witnesses to provide assistance or to review previous information on the record.
During deliberations the Board shall first consider the factual charges against the officer/individual and determine if the information presented supports the charges. If the Board finds that one or more of the charges are supported, then the Board shall consider the appropriate sanction.
The Board action shall be reduced to writing and entered into the written record of the proceedings. This record shall report the Board's findings of fact relative to each charge and the certification sanction by the Board.

K. The director shall notify the employing agency and the officer/individual in writing of the Board's decision. If the Board suspended or recalled the certificate, the notification shall advise the employer that no person shall serve as a law enforcement officer during a period when that person's certificate has been suspended, canceled or recalled in accordance with Mississippi Code Annotated, § 45-6-11 (3).

L. An officer/individual aggrieved by the findings and order of the Board may file an appeal with the chancery court of the county in which the officer was employed. The officer/individual must submit written notice of the appeal and the appropriate venue to the Board within thirty days after the date of the Board's final order.

History

Source: Miss Code Ann. § 45-6-7, 45-6-11

31 Miss. Admin. Code Pt. 301, R. 4.4 Law Enforcement Code of Ethics

This document is the recognized Code of Ethics for Law Enforcement agencies.

History - Adopted - 10/1989; rev - 10/1991, 04/1997 01/1998, 11/2003, 09/2009 and 08/2020 Law Enforcement Code of Ethics As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...Law Enforcement.

History

Source: Miss Code Ann. § 45-6-7, 45-6-11

Chapter 5 Compliance Monitoring and Noncompliance

31 Miss. Admin. Code Pt. 301, R. 5.1 Purpose

This section establishes the policy and procedures for compliance monitoring and for addressing any instances of noncompliance that may come to the Board's attention.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 5.2 Policy

The intent of the Legislature in enacting the Law Enforcement Officers Training Program (LEOTP) was clearly to establish standards for the selection and training of law enforcement officers as soon as possible upon beginning the officer's career. This action was for the benefit of all the people of the state in that trained officers could better meet the needs of a complex society. Due to that very complex nature of today's society, coupled with the ever- increasing demands for the services of the law enforcement professional, the need for competent, capable and credible officers has never been greater. The issue of competence has become a hotly debated topic in the nation's courts as the incidence of litigation against law enforcement officers for negligence continues to rise unabated. To further exacerbate matters, law enforcement agencies, towns, cities, counties and even state levels of government are being named by litigants for negligence and violation of civil rights. Simply stated, the potential penalty for failure to do the right thing at the right time is so great that the state and local governments cannot afford to ignore the risks. In a large measure, training and standards reduce the risk potential for failure on the part of law enforcement officers. The Board's policy is to ensure that the established standards are enforced to the maximum extent practically possible and that officers receive needed training throughout their careers. As a part of ensuring that standards are met, the Board will strive to encourage agencies and officers to achieve compliance by utilizing every asset and resource available to the Board.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 5.3 Procedures

The primary tools the Board will use in compliance monitoring are the various forms discussed in the section of this manual concerning “Official Certification Forms”. These forms provide the Board information upon which to base decisions as to the eligibility of an applicant to become a law enforcement officer and the level of training required to meet or exceed the mandated requirement. The Board will use other sources of information as necessary to determine who is serving as a law enforcement officer and whether or not the individual is certified and thereby authorized to serve.

A. Compliance shall be evaluated on both an individual and organizational basis.

The individual must supply information to the Board through his employer. The employer must conduct a background investigation to verify the Board certification specifics (see the “Law Enforcement Application for Certification and Background Investigation Review” form Parts II and III). This information will be reviewed by the staff to determine eligibility and training. Random checks of the information will be conducted to obtain independent verification. Once the review is completed, the Board will inform the individual on the type of training required to obtain certification. The individual will have achieved compliance only after successful completion of the training and the Board's formal action of certification. Individuals must obtain certification within one year for full-time status and two years for part-time status after their date of hire.
Law enforcement agencies must establish policy that ensures only authorized (certified) officers perform duties as full-time or part-time (including reserve and/ or auxiliary) law enforcement officers. In addition to this policy, the agencies must provide requested information to the Board on a timely basis. The probationary period should prove to be ample time to achieve certification for any officer. Delays in submitting required paperwork and procrastinating in completing required training can easily result in noncompliance. No provisions are provided to waive, excuse or nullify the requirement to achieve certification within the probationary period. Agencies who have officers who cannot achieve certification within the established time limit must reassign the affected individuals to other duties or terminate their employment.

B. The Board staff will make every reasonable effort to assist agencies in achieving compliance. The staff, the Board and the Law Enforcement Officers Training Program (LEOTP) exist to serve the needs of the law enforcement community. Hopefully, a spirit of understanding and cooperation will prevail in order that the law enforcement profession will continue to advance and obtain the recognition so richly deserved. The Board will strive to keep lines of communication open and provide assistance in overcoming problems with the certification process before the probation period expires, thereby avoiding serious problems requiring drastic measures.

The staff will attempt to contact the agency head to resolve any conflicting information or problems with compliance.
The heads of related agencies such as the mayor, Board of supervisors, etc., will be contacted as needed to resolve problems.
Communication with agencies shall be in writing with additional backup communication through the use of telephone and staff visits.

C. In addition to the information on compliance that the staff discovers through routine monitoring, the staff receives information from a variety of other sources, such as the

media and citizen complaints. Information that indicates a potential compliance problem will be reviewed to determine if further information is required. Before taking any action on such information, the staff will attempt to verify the information with the agency head involved.

D. The Board will make every effort to identify the need for compliance and assist those agencies in meeting the requirements of the LEOTP prior to the expiration of the probation period.

If the Board discovers that a violation of the Act has been committed (i.e. an individual performs law enforcement duties in excess of one year for full-time status and two years for part-time status from their date of hire without obtaining Board certification), the Board will notify the agency head in writing of their potential liability. The Board will further notify the State Auditor that public funds may have been paid out in violation of state law. A copy of this notification will be provided to the local executive officer.
In addition to the above measures, the Board will not reimburse the training costs incurred by any agency who is not in compliance with the LEOTP or the provisions of this Policy and Procedures Manual. Simply stated, the payment of an officer's salary, who performs law enforcement duties in excess of a period of one year for full-time status and two years for part-time status without obtaining certification, is prohibited. Therefore, the Board cannot reimburse any cost of salary incurred, after the expiration of the probationary period, by an officer in training, even if the agency is otherwise in compliance.

E. In the event an agency disagrees with the Board as to the certification process pertaining to their organization, the agency is encouraged to submit a request in writing to have a representative appear before the Board at the next regularly scheduled meeting.

History - Adopted - 04/1988; rev - 04/1997, 07/1998, 07/2013 and 08/2020

History

Source: Miss Code Ann. § 45-6-7, 45-6-11

Chapter 6 Reimbursement of Training Costs

31 Miss. Admin. Code Pt. 301, R. 6.1 Purpose

This section establishes the policy and procedures governing the reimbursement of training costs to the law enforcement agencies governed by the Law Enforcement Officers Training Program.

History

Source: Miss Code Ann. § 45-6-7, 45-6-13

31 Miss. Admin. Code Pt. 301, R. 6.2 Policy

The Law Enforcement Officers Training Program created the board for the primary purpose of developing and implementing guidelines for the selection and training of law enforcement officers. Accordingly, the legislature mandated that the board authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement to each political subdivision and to state agencies of at least fifty percent (50%) of the allowable salary and allowable tuition, living and travel expense incurred by law enforcement officers in attendance at approved training programs, provided said political subdivisions and state agencies do in fact adhere to the selection and training standards established by the board. The board shall authorize, but only from such funds authorized and appropriated by the Legislature, the direct funding of a part-time law enforcement officer training program. The board shall require the payment of a reasonable tuition fee to aid in funding the costs of administering the part-time law enforcement officer training program.

Note: Reimbursement is authorized only for those agencies and subdivisions of the state who are in compliance with all provisions of the Law Enforcement Officers Training Program (LEOTP) Act to include those policies and procedures established by the board pursuant to the Act.

A. The priority of reimbursement funding shall be toward the development of:

Basic training;
Refresher/equivalency training; and
In-service training programs.

B. Reimbursement shall be allowable for officers in attendance at board-approved training programs established at such agencies or institutions as the board may deem appropriate. Contact the board staff for information on available programs.

C. Employers are entitled to an additional reimbursement, herein after to be known as a “transfer reimbursement”, of training expenses from other law enforcement employers should their officer leave law enforcement employment within three (3) years after the date of his employment and immediately become employed by another governmental entity in a law enforcement capacity.

The “transfer reimbursement” shall be a proportionate share of the training expenses incurred. For the purposes of calculating the transfer reimbursement, transfer reimbursement expenses shall include the allowable tuition, salary and documented travel costs incurred while the officer in question was enrolled in a training course. Transfer reimbursement expenses do not include any related costs to your department such as replacement officer salaries or in-kind contributions. To determine the proportionate share of expenses incurred, total the Transfer reimbursement expenses. Subtract the monies reimbursed by the Board. Divide the remainder by 36. Multiply the product times the number of months remaining in

the officer’s three-year service period [36 less the number of months the officer has served]. An example follows:

Officer Jones was employed as a full-time law enforcement officer by the Sparta Police Department on November 1, 2015. He attended basic training and successfully completed basic training in March of 2016. During training he was paid at a rate of $9.00 per hour. Tuition for the basic course was $3,600.00 and the documented allowable travel expenses incurred were $817.50 [ten round-trips of 150 miles at $.545 per mile or the current rate at which state and federal employees are reimbursed for mileage]. He left full-time employment with Sparta P.D. on May 31, 2016. He began working as a full-time law enforcement officer with the Wabash Police Department on June 20, 2016.

For purposes of determining eligibility for the transfer reimbursement, immediate re-employment shall be defined as obtaining another full-time, part-time, reserve, or auxiliary law enforcement appointment within thirty days of termination and/or receipt of compensation for services, accrued personal leave or compensatory leave.

D. Agencies must meet the following requirements in order to be eligible to receive reimbursement:

Agency must be an organization of the state or a political subdivision of the state;

Salary [$9.00/hr x 480 hours (length of training)] = $4,320.00 Tuition = $3,600.00 Allowable travel costs (1,500 miles @ $.545/mile) = $817.50 T = Total transfer reimbursement expenses = $8,737.50

R = Reimbursement (Maximum) = $3,600.00

S = Number of months served = 7 months

P = Statutory 3-year period of service = 36 months

Transfer Reimbursement = (T - R)/P = ($8,737.50 – 3,600.00)/36 = ($5,137.50/36)29 = $142.71 x 29 = $4,138.54

Officers attending training must be full-time, part-time, reserve, or auxiliary law enforcement officers;
Agency must have adhered to the selection and training standards established by the board;
All administrative requirements must have been completed pursuant to this Policy and Procedures Manual to include all forms completed in full; and
Agency must have settled all accounts with the institution or academy where training was conducted.

E. For the duration of training, the academy or institution shall be the assigned place of duty. For the purposes of calculating the Standards and Training reimbursement, allowable costs of training are as follows:

The Board will establish the allowable training costs. Training costs shall be derived from subsistence and tuition expenses. The Board will set the allowable costs for both areas and will prorate allowable costs dependent upon the subsistence and tuition received by the student.
The authorized base salary of full-time, part-time, reserve, or auxiliary law enforcement officers is eligible for reimbursement for the period of enrollment in training courses. Salary shall be computed based on the gross monthly salary of the most recent full month prior to graduation. Reimbursement will only include base compensation for a standard 40 hour week. Uniform allowance or other pay benefits will not be considered for reimbursement. Reimbursement will only be authorized for salaries paid for the performance of law enforcement duties.

a. Officers who are not certified within one year for full-time status and two years for part-time status from their date of hire are not authorized to be paid a salary. Accordingly, the board will not reimburse any salaries paid under such circumstances.

Allowable travel expenses shall be determined by multiplying the standard state mileage rate times the mileage for one round trip. Agencies with more than one student enrolled in a course will be expected to car pool and will receive travel for one round trip. No travel reimbursement shall be authorized for employees of state agencies who are enrolled in training programs.
The board shall provide training reimbursement for required mandated training only if the training program completed satisfies the requirements. The board will designate the appropriate training program for certification purposes. If an applicant completes a course other than the designated course, the applicant will not be certified and the agency will not be reimbursed for training costs.
Only successfully completed board-approved training programs are allowable. The board will not reimburse the training costs of partially completed training or failed training. If the officer fails either the academic, skill areas, firearms or fitness programs, the board will not reimburse any costs of training.

Note: Evaluate your officers and correct any weaknesses before enrolling them in the training program. You should consider withdrawing your officers from training if they have difficulty in achieving course requirements for any reason at any time. Officers may return after additional preparation to attempt the course requirements.

The priority of training reimbursement funds shall be for the completion of mandated training. Should funds become available, grand fathered officers who attend a board-approved training course may be reimbursed for training expenses. It is recommended that the agency contact the director prior to enrolling certified personnel in board-approved courses.

History

Source: Miss Code Ann. § 45-6-7, 45-6-13

31 Miss. Admin. Code Pt. 301, R. 6.3 Procedure

The board staff shall review all the information available on each academy class and determine the eligibility and amount of reimbursement to each agency.

A. The staff shall maintain a running balance of available funds. The estimated training demand and funds available shall be utilized to compute the reimbursement percentage.

B. The students enrolled in training shall provide the academy staff either a copy of a payroll voucher or a letter documenting the base salary for the month preceding enrollment. Students who fail to provide this salary or any other requested information will not be processed for certification or reimbursement until the information is received.

C. The academies shall provide the staff an official roster of students within five working days of the day the class begins. The roster shall include the name, social security number and agency of each student. Along with the roster, the academy shall also provide the staff the training packets (medical evaluation) and entry physical fitness test scores for each student enrolled.

D. The academies shall notify the staff of any withdrawals or dismissals from training during the course of the program. The notification shall include whether the officer withdrew or was dismissed and the reason (i.e. - deficiency in academics, firearms, physical fitness or skill areas). If the officer was dismissed for a violation of academy rules and regulations, the academy staff must provide a written report of the investigation into the incident and the disposition of any charges.

E. Once the class graduates, the academy shall prepare a graduation roster and score sheets. The graduation roster shall positively indicate that all students have met the basic course requirements. Any students who have not completed the requirements because they have been medically excused from physical activities due to injury or illness sustained while enrolled in the academy should be listed on a separate sheet. Once the student completes the requirements, the academy shall notify the staff in writing. This notification must be received prior to any further certification processing or reimbursement.

F. The staff will determine the amount of the reimbursement based on the total of: board- approved training costs, the applicant's documented base monthly salary, and round trip mileage from the agency to the academy. This total shall then be multiplied by the reimbursement percentage factor to determine the dollar amount of the reimbursement. Eligibility will be determined by presence of all required forms, information, photographs and compliance with the Act.

G. After determining eligibility and amount of reimbursement, the board staff shall complete a “Claim for Reimbursement” form and submit the form to the agency head for review. The form shall contain the name and other personal data of the trainee, course attended, tuition, salary and travel costs. The agency head shall review the form, sign and return the form within five working days of receipt. Any discrepancies or misinformation on the form should be annotated and corrected, and the form should be returned unsigned. The staff shall correct the form and return it to the agency. It is imperative that this form be processed without delay as it is the basis for any funds the agency receives.

H. The staff will submit the “Claim for Reimbursement” to the Department of Finance and Administration for payment after the board members approve the graduates for certification. The board will maintain a copy of the claims and the warrants of payment in the board files.

I. Agencies should receive payment within forty-five days of receipt of the graduate's Professional Certificate. Normally the certificates are mailed the same date the claims are submitted for payment. If the payment is not received in forty-five days, notify the board staff in writing.

History - Adopted - 07/1981; rev - 04/1988, 10/1991, 09/1993, 04/1997, 07/1998, 03/2007, 09/2008, 07/2013, and 09/2018

History

Source: Miss Code Ann. § 45-6-7, 45-6-13

Chapter 7 Standards for the Successful Completion of Law Enforcement Training Rule 7.l Purpose

31 Miss. Admin. Code Pt. 301, R. 7.2 Policy

The Board approved Basic Law Enforcement Training Course shall include classroom activity, fitness training and hands-on skill certification.

A. Standards for successful completion of the course are as follows:

An academic average score of seventy percent (70%),
Physical fitness average score of seventy percent (70%),
Firearms qualifying score of seventy-five percent (75%),
Defensive driving average score of eighty percent (80%),
Defensive tactics average score of eighty percent (80%), plus a Pass/Fail Practical Examination.
And financial obligations paid in full by self-sponsored cadets.

B. Failure to meet these standards will render the student ineligible for certification as a law enforcement officer until the deficiency has been corrected. Students shall adhere to all academy rules and regulations throughout the training program. A serious breach of rules or other unacceptable conduct may result in dismissal from the training program.

C. The Board has established performance objectives and a curriculum. Class schedules, planned instructors and any new instructor applications are to be submitted to the staff within ten working days to the beginning of the course. Any deviations from the curriculum must be reviewed by the staff and approved by the board. Curriculums that have prerequisites must be presented in the proper order. Any schedule changes must be reported in writing to the Board at the earliest opportunity (fax or e-mail), documented and maintained with the records of that course. A final schedule as amended with changes will be submitted with the final class roster and other end of course documents.

Limited administrative time is provided in the schedule for testing and other needs. Any activity or presentation that is not directly related to the established curriculum or the bona fide business of the academy is prohibited. This specifically precludes any extemporaneous sales presentations for products or services, association membership drives, political speeches or other presentations from groups, associations or individuals. While the students by nature form a convenient captive audience, their time is accounted for in the curriculum and nothing shall be added

without prior approval. Academies may establish policy and allow presentations during scheduled free time provided that students clearly understand that their participation is voluntary.

Student activities, work assignments or details shall be limited to those activities included and approved in the curriculum and those activities directly related to health, welfare and personal hygiene. Additional work assignments or details that are not related to training are prohibited. This specifically precludes using students in security or law enforcement details to augment a law enforcement agency, to provide facilities maintenance and repair beyond that required for health and welfare, grounds keeping and errands.

D. Participation in remedial training shall be documented and maintained as a part of the student record. No remediation shall take away from regularly scheduled training. Participation in remedial training shall be voluntary.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 7.3 Procedures

This section establishes procedures governing the standards to be used by accredited training academies.

A. Admission/enrollment procedure

Each academy shall develop an admittance and enrollment procedure. This procedure must ensure that only those applicants who are of good moral character meeting Board standards and are physically and mentally fit are admitted to the academy. An academy may properly refuse admission to any applicant who has previously attended any training academy on three (3) prior occasions without successful completion. Such an applicant must wait a minimum of five (5) years from the date of the last unsuccessful attempt before making any further application to any training academy
The academy may also include other qualifications for admittance to the training program consistent with the LEOTP and law.
The academy shall provide the Board staff a preliminary roster (to include standby personnel) not later than 10 working days prior to the class start date. The Board staff will screen the list for LEOTP requirements. If any candidate does not meet the requirements, the Board staff will contact the agency and the academy to resolve the conflict.
The academy shall provide the Board staff an updated entrance roster (if applicable), the student’s graded entrance fitness score sheet, and the original completed training packets not later than five working days after the class report

date. The candidate’s NCIC report, certificate of high school/GED completion and verification of First Aid/CPR certification must be attached. All conflicts or missing information in these packets must be resolved. If any candidate does not meet the requirements, the Board staff will contact the agency and the academy to resolve the conflict.

Any law enforcement officer who is refused admittance to the academy will be given an impartial hearing at the academy. If the officer is aggrieved of this hearing, they may request a hearing before the Board as per established procedure for revocation/refusal to certify.

B. Readmission procedure

Any student who is dismissed or voluntarily withdraws from an academy may be eligible for re-admittance to training as set forth in the procedures section Chapter 7, Rule 7.3, Section 1, Subsection A above. Once a student begins training within an academy, that academy becomes the academy of record. Students must complete their training within their academy of record to obtain certification. In most cases, students shall not be readmitted to any academy other than the academy of record from which the student withdrew.
Academy directors may grant a training release provided that the academy of record cannot accommodate the student within the probationary period. Directors may release students who withdraw from their academy of record due to a documented medical problem, death in the immediate family, mandated service in a state or national emergency or other compelling reason as determined by the academy director. The director shall provide a copy of the written release to the board staff and to the student.

C. Academic students must achieve a final academic score of seventy percent (70%) to successfully complete the basic course.

The academies shall develop a test plan to evaluate the student's retention of knowledge through the administration of appropriate examinations. The test plan must be a part of the academy rules and regulations which are submitted to the Board. Academic standing must be computed on a weekly basis in order to provide timely feedback to the student. The exams may be written, hands-on, or a combination of the two types. The academy shall establish, in the plan, individual test weights, a student ranking system and a policy on final examinations. The plan must ensure re-dress of missed questions and/or incorrect procedures for each student. The academy shall maintain a sample in the academy files of each test administered during the course.
For the purpose of figuring academic standing, the student will be examined a minimum of once a week. The academy staff will use this cumulative average to identify students who are experiencing difficulty. Those students having an

academic average below 70% should be given assistance in the form of counseling by staff members, enforced study time, involvement in a student study group, extra help sessions with instructors and the like. All of this effort will be directed toward making the student academically self-sufficient as early as possible in the training program.

Any student who fails to achieve a final academic average of 70% will not be allowed to graduate from basic training. Any student who appears to be failing academically, as evidenced by an average below 70% at any time after the second week of training, will be placed on academic probation.
Academic probation will operate as follows, depending upon when the student's average drops below 70%.

a. During the first four weeks of training

The student will be placed on academic probation for two weeks. Students and their department head will be informed of the problem.
If the student's average remains below 70% during those two weeks of probation, the student will normally be dismissed from training, except as provided in Chapter 7, Rule 7.3, Section 1, Subsection (c), Paragraph 4, and Subparagraph (a), Clause (3) below.
The student who has failed to successfully remedy the academic insufficiency during probation will be allowed to stay in training only if:

a. Substantial progress has been made in bringing the average near 70%;

b. It appears reasonable that the student may succeed academically if given additional time to conform to the academic standard; and

c. The department head specifically requests that the student be allowed to continue to train.

b. After the first four weeks of training

The student will be placed on academic probation for one week if the department head agrees to allow the student to continue to train.
The student who corrects the deficiency within one week will be allowed to continue to train. The student who fails to bring this average above 70% will be subject to dismissal except as provided in Chapter 7, Rule 7.3, Section 1, Subsection (c), Paragraph 4, and Subparagraph (a), Clause (3) above.
Students who are dismissed from an academy for academic reasons may re- enroll in the next available class presented by the original academy.

D. Scoring Procedures

All events shall be scored under supervision of the academy staff using proscribed procedure.
Students shall be given feedback on their performance for every graded event. Missed or incorrect answers shall be covered with each student.
All scores shall be reported to the Board rounded to the nearest whole number. Fractions of one-half or more shall be rounded up to the next nearest whole number. For example, 78.5 would be reported as 79 and 78.4 would be reported as 78.
Students shall appeal a score to the assigned instructor. Further appeal shall be before an impartial review board established by the academy.

E. Firearms

Students must achieve a final score of seventy-five percent (75%) on the approved courses of fire to successfully complete the basic course. The passing score of the approved course of fire shall be averaged with other scores recorded during firearms training to determine the students overall score. A final average score of seventy-five percent (75%) must be achieved to successfully complete the basic course. Any student who fails to achieve a passing score on the first attempt shall be given remedial training and not more than five attempts at passing firearms. Although there are numerous opportunities to practice this critical skill at the academy during the scheduled firearms training, agencies should diagnose each candidate's marksmanship ability prior to attendance at the basic course. Candidates who have difficulty achieving acceptable scores should seek additional practice/instruction prior to arrival in the basic course.
Emphasis will be placed on the principles of handgun and shotgun shooting and firearm safety.

F. Board Approved Firearms Qualification Course

The weapon is a duty revolver or semi-automatic pistol. See Section (C) of Chapter 10 for the approved target list and scoring procedure. This is a 50 round course using duty ammunition or equivalent. The start position is loaded handgun in secured holster. All firing is two-handed standing unless noted otherwise. The initial loading procedure for semi-automatic handguns is to load with full magazine, magazine number two loaded with 5 rounds and all other magazines

loaded to capacity. The initial loading procedure for revolvers is to load with 6 rounds. All speed loaders, speed strips, ammunition pouches, or loops loaded to capacity. All reloading must be from secured ammunition pouch. No reloading commands will be given. Ammunition management is the responsibility of the shooter after Stage II. Shooter is responsible for speed reloading or tactical reloading in order to maintain a loaded handgun. Running out of ammunition during a stage is not a valid excuse. Rounds not fired are scored as misses.

a. STAGE 1 3 Yard Line, on command, draw and fire 2 rounds weapon hand only in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.

Note: After Stage 1, weapon will be loaded with 6 rounds only. Semi-autos will be loaded with the 5 round magazine.

b. STAGE 2 5 Yard Line, on command, draw and fire 6 rounds weapon hand only and reload in 14 seconds. (Mandatory speed reload). On completion of time, scan and holster. Total of 6 rounds.

c. STAGE 3 5 Yard Line, on command, shooter will draw and transfer handgun to support hand and remain at the ready position for the next string. On command, fire 6 rounds support hand only in 6 seconds. On completion of time, scan and holster. Total of 6 rounds.

d. STAGE 4 5 Yard Line, on command, draw and fire 2 rounds center mass and 1 round within the head in 4 seconds. On completion of time, scan and holster. Repeat one additional time. Total of 6 rounds.

e. STAGE 5 7 Yard Line, on command, draw and fire 2 rounds in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.

f. STAGE 6 15 Yard Line, on command, draw and fire 3 rounds standing, drop to a kneeling position and fire 3 additional rounds in 12 seconds. On Completion of time, scan, stand, scan and holster. Repeat one additional time. Total of 12 rounds.

g. STAGE 7 25 Yard Line, if range has barricades, they will be used as simulated cover for this stage. Barricades may not be used for support. On command, draw and fire 4 rounds standing and 4 rounds kneeling in 45 seconds. On completion of time, scan and holster. Total of 8 rounds.

G. Physical Activities

Immediately following academy registration activities, all students will participate in a physical fitness evaluation. Each student must demonstrate an acceptable level

of fitness, fifty percent (50%) in each event, to remain in the program. This fitness evaluation at the outset of the training program will ensure that all students have a suitable level of fitness to participate in all the physical activities in the training program, reduce injuries and optimize successful completion of the fitness program.

The academy shall conduct physical fitness training at regular intervals (i.e. alternating sessions) during the course. Students are expected to perform at the pace set by the conditioning instructor. Performance of students shall be monitored and students who are not able to meet the pace will be given counseling and extra conditioning periods. The academy shall designate the time and location where individuals enrolled in the program shall conduct additional fitness training. Apathy toward the physical fitness program, as demonstrated by consistent failure to perform at the pace set by the instructor or to fail subsequent fitness tests shall be considered misconduct and subject to disciplinary procedures. The student will be given two diagnostic fitness tests, one at approximately one third and the second at two thirds of the class length. The agency head must inform the academy if the student is to be allowed to continue to train.
In the final week of training, the academy will administer the physical fitness test. The student must obtain a minimum score of 70% on each event in the test. The student will be given no more than three opportunities to pass the test during the last week of training.
Any enrolled student who cannot complete the fitness program due to an illness, injury or other event beyond their control may submit any previous passing score (seventy percent - 70%) on either the entrance fitness evaluation or a diagnostic fitness test to fulfill the requirements of the program. To receive this credit, students must not exceed the maximum allowance of five percent (5%) for excused absences. Further, each student must satisfy the academy and board that the illness, injury or event was not caused due to willful misconduct or negligent activity. Any illness or injury must be documented by appropriate treatment records submitted by licensed health care professionals. Any student who suffers an illness or injury that would result in a permanent condition that would prevent further participation in any fitness testing must undergo a fitness for duty evaluation. The evaluation must establish that the officer is capable of performing all the essential functions of the position. The record must clearly indicate the student’s condition, illness or injury and state limitations for activity. Other events must be documented by the student’s department and submitted to the academy for a decision under this program. If a student had not successfully completed a fitness test prior to the injury or illness, the student may be retested sixty days after release from medical treatment including any periods of therapy.

H. Conduct

Every accredited training academy shall promulgate a set of written rules and regulations governing the conduct of students who are at the academy for basic training. A copy of the rules and regulations will be submitted to the Board for approval. The written rules and regulations must be given to the students at the beginning of the training class. The rules and regulations should set forth acceptable and unacceptable conduct and should describe the disciplinary action which may be imposed for violation of the rules and regulations.
Student conduct which is a serious breach of the written rules and regulations may result in dismissal. However, prior to dismissal for disciplinary reasons, a student should be afforded the opportunity to have a hearing before an impartial review board. The composition of that board should be indicated in the rules and regulations along with notification of the procedure to be followed by the academy director and the accused student. The review board makes a recommendation to the academy director, whose decision is then final.
A student who has been previously dismissed from basic training for disciplinary reasons may be considered for admittance to a future training class. When re- admittance is requested by a dismissed student, the academy director must consider all pertinent factors such as the reason for prior dismissal, length of time since prior dismissal, character of the offense, and any other aggravating or mitigating circumstances. The academy director's decision to deny re-admittance may be appealed to the Board by the student's department head.

I. Skill Certification Courses

In addition to firearms, the basic law enforcement curriculum contains other skill courses. A student must demonstrate proficiency in Defensive Driving and Defensive Tactics (Mechanic of Arrest). Students must score an average of eighty percent (80%) on each of the aforementioned skill areas to successfully complete the basic course. In addition, students must successfully complete (pass/fail) the Defensive Tactics Practical Exercise.
Students who fail their first attempt on defensive driving shall be afforded one opportunity to retest the written portion and not more than six practice runs and three tested runs for score. Students who fail defensive tactics shall be given one additional attempt on the written or practical portions of the exam.
Intoxilyzer is an additional specialized skill.

NOTE: No student is excused from any part of the basic course regardless of whether he or she is authorized to use any of the aforementioned skill areas. Successful basic course candidates are certified as professional law enforcement officers in the State of Mississippi and as such, they have a need to know these common law enforcement skills.

As a practical matter, every student should be able to achieve an acceptable performance level in the intoxilyzer skill area. When a student is not able to demonstrate proficiency, that student's permanent record will reflect that fact. This failure will not prevent successful completion of the basic course and certification. However, the academy will notify the student's agency head of the insufficiency so that the student might seek additional training in that particular skill. Agencies should carefully consider an officer's lack of expertise in a given skill prior to assignment of any responsibilities in that area.

J. Additional Testing - Any student who should fail firearms, defensive tactics, defensive driving, or physical fitness will be given an opportunity to complete the rest of the course. However, no student shall be given credit for successful completion of the course until any and all failures have been corrected. No student, upon failure of the aforementioned areas, shall be permitted to perform any law enforcement duty in any full-time, part-time, reserve/auxiliary basis until that failure has been corrected.

Students shall be given two (2) opportunities, within three (3) months after the completion of the academy, to correct any deficiencies. The deficiency must be corrected at the academy in which the student was enrolled. Should any student fail to correct a deficiency within the three (3) month period the student will be required to repeat the entire course. Students must achieve a passing score in each event included in the test to successfully complete the test. The academy must submit the results of the test to the Board within five (5) working days from the date(s) of the test.
The academy director shall provide reasonable opportunity to correct any deficiency however any such opportunity shall be at the director’s election as to time and place. Further, no student shall be allowed further attempts to correct a deficiency without documentation of remedial training. Such documentation shall be signed by the department head or supervisory personnel and the content shall be reviewed by the academy director for adequate scope and content of the remedial training.
The academy director shall charge a reasonable fee for each opportunity given for re-tests to recoup their administrative costs associated with the management and retesting of applicants. No retesting fees shall be authorized for reimbursement under the LEOTP nor shall any reimbursement be made for failed training.

K. Every student who successfully completes the training program will receive a certificate, signed by the academy director and other appropriate officials, which evidences successful completion of the academy.

L. Within ten (10) working days of the completion of the class, the academy must send a copy of the certificate, the student’s final grades, and the final graded fitness score sheet to their department and to the Board. The final roster of students completing the class

and their class ranking, written documentation of any student failure, dismissal, or withdrawal with reason from the academy must be submitted to the Board within ten (10 working days after completion of the class.

History - adopted - 07/1981; rev – 04/1988, 10/1990, 11/1993, 01/1995, 11,1995, 07/1996, 11/1997, 07/1998, 09/2000, 11/2003, 09/2004, 11/2007, 05/2009, 07/2013, 09/2015, 03/2017 and 08/2020

Chapter 8 Physical Fitness Program

31 Miss. Admin. Code Pt. 301, R. 8.1 Purpose

This section establishes policy and procedures governing the Physical Fitness Program.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 8.2 Policy

The Board requires that each law enforcement officer be able to demonstrate an acceptable level of fitness before graduation from the basic course.

A. The Board recognizes that fitness can greatly mitigate the effects of stress, heart and back problems. These three problems are the leading causes of lost time in law enforcement agencies nationwide. By reducing these effects, productivity will be improved.

B. Other additional areas of concern that fitness can effectively influence are self-defense, arrest and use of force techniques. Fitness increases exponentially the options available to the enforcer in a confrontational setting. The appearance of law enforcement officers is a major influencing factor in the development of a citizen's first impression. An officer who appears to be profoundly unfit would make a poor first impression and diminish the public's trust in the institution. The officer's confidence and appearance are improved as fitness levels improve, thereby adding greatly to the officer's credibility. Confident, credible and competent officers are more effective in the performance of their duties.

C. Upper body strength, agility, cardiorespiratory endurance, flexibility and body fat are five measurable characteristics of fitness. The officer's body fat percentage is evaluated as a part of the medical examination required prior to attendance at the training academy. The Board has adopted a fitness test that measures each of the following areas: upper body strength - through push-ups; agility - through a timed agility run; and cardiovascular endurance - through a 1½ mile run. The minimum acceptable score for this test is 70% for each event. The test has been age and gender adjusted to ensure that the scoring reflects the average for the general population of each group.

Note: The passing score represents the average ability of the total population for

each age and gender group, therefore an officer need only possess average fitness abilities to pass the test.

D. Following academy registration activities, the first physical fitness test shall be administered. To remain in the program, each candidate must demonstrate an acceptable level of fitness by achieving a score of not less than 50% on each event. Requiring students to achieve a 50% score at the beginning of the training program optimizes the chance that every student will achieve 70% by the end of the program. Further, insuring that all students begin the program at an acceptable level of fitness will diminish the incidence of injuries.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 8.3 Procedures

The fitness program is a part of the probationary period activities which lead to the eventual professional certification of the law enforcement officer.

A. The program actually begins upon the officer's date of hire. Officers must be deemed physically fit to satisfactorily meet the employment guidelines (See “Law Enforcement Officer Applicant Evaluation, Employment and Certification Procedures”). The “Law Enforcement Basic Training Packet” contains a medical evaluation section which should be utilized as an employment physical evaluation. This section provides the candidate, agency head and academy director information on the candidate's potential to successfully pass the fitness test and more importantly, successfully perform all the duties of a law enforcement officer.

B. The packet contains a list of enforcement duties and a sample of the minimum activity required to pass the fitness test. A copy is normally included as a part of the academy registration packet.

The agency head and candidate must be aware of the requirements. Agencies are encouraged to administer the fitness test events to their prospective employees to provide additional information on the individual's fitness ability.
The agency head must also ensure that the physician who conducts the physical examination is aware of the physical fitness conditioning requirements of the basic course, the duties and working conditions of law enforcement officers.
The agency head must ensure that candidates consult their physician and begin any needed exercise and/or diet plan in ample time prior to reporting to the academy. The fitness program will markedly improve fitness levels, but cannot overcome individuals who are profoundly unfit.

C. Each Academy Director is ultimately responsible for the safety and welfare of the law enforcement officers given over to their care while enrolled in a training program. The

training packet contains key information which the Director must consider in the decision process as to whether an individual can safely participate in training. The Director may delegate the authority to some other qualified academy official to review the applications and enroll students, but the responsibility for the same cannot be delegated.

The academy director (or designee) shall evaluate each application prior to admittance to the academy as follows:

a. Memorandum - This sheet is intended to be read by the applicant, physician and the applicant’s agency head. This sheet may be discarded upon receipt of a completed training packet.

b. Information for the Physician - These sheets contain information for the physician about the duties and working conditions of law enforcement officers. In addition to these duties, page iii provides a description of the physical fitness conditioning program and the requirements for successful completion of the training program. This sheet may also be discarded upon receipt of a completed training packet.

c. Medical Examination Report - This section of the training packet consists of three parts. The first part includes the “Health Questionnaire” to be completed by the law enforcement applicant. The second part contains the “Physical Fitness Examination” to be completed by the attending physician. All items in the physical examination section must be marked, and the EKG results must be noted. The “Physician’s Affidavit” must be completed by printing in ink or typing the physician’s name and by having the physician sign and date the affidavit in the appropriate spaces.

Health Questionnaire (pages 1 and 2) - This section must be completed by the applicant. All required entries/spaces must have a response, missing entries will result in rejection of the packet. Any question numbered 1 through 56 answered “yes” must have an explanation to include a list of the physicians consulted.
Physical Fitness Examination (pages 3 through 5) - This part of the training packet is to be completed by the attending physician. All appropriate spaces must be marked. The reviewer of the form shall check that:

a. Height/Weight has been annotated and the doctor has marked either satisfactory or excessive/deficient. If the applicant's weight exceeds the threshold weight values to the degree that a reasonable person should know to a moral certainty that the officer's performance/safety would be adversely affected, the condition must be corrected before admittance.

b. Questions one (1) through fifteen (15) are marked. It should be clear that the officer has no abnormality or other problem that would adversely affect performance and/or safety. If the doctor states that the individual is able to perform law enforcement duties with some exception or qualifier, the condition must be rectified in writing before the applicant may be admitted.

c. Physician’s Affidavit (page 5) this section must have the physician’s name printed in ink or typed, his/her signature and the date the examination was given. The date of the examination must coincide within one month of the applicant’s date of signature under the applicant’s affidavit and liability waiver and must be within six months of the start of training.

d. Salary Information (page 6) - This page contains a brief explanation of policy on the reimbursement of training expenses. Check to ensure that the form is either completed or that documentation of the officer's salary is attached. Attach proof of high school diploma/GED and NCIC report to this page also.

e. Law Enforcement Agency’s Affidavit (page 7) - This section must be signed by the head of the agency/department or someone with authority to sign in his/her name. The signee’s name must be printed in ink or typed, and the affidavit must be signed and dated in the appropriate spaces.

f. Applicant’s Affidavit & Injury Liability Waiver (page 7) - This section must be read and signed by the applicant trainee. The applicant must have signed and dated the affidavit and liability waiver in the appropriate spaces.

g. Application for Training/Personal Information Summary (page 8) - This sheet contains administrative information of use to the academies and to the Board. Check to ensure all items have been completed or marked N/A (not applicable) and that all dates requested are entered. The page has space provided to attach a photograph of the applicant for identification purposes. Although a professional photograph is not required, the applicant's photograph must be a recent picture of such clarity and finish as to allow immediate identification of the applicant.

If the director is unsure of the applicant's ability to safely participate in the training program, the director may refer the candidate to another physician selected by the academy director. The referral shall be at the expense of the employing agency and/or applicant. After the completion of this examination, if the director decides to refuse to admit the applicant, the director shall contact the applicant in writing.
The director shall provide the Board both medical examinations and a copy of the applicant's notification. The Board will evaluate the medical information, review the academy director's decision and offer the applicant a hearing to determine whether the officer meets the medical fitness requirement established in the LEOTP. In making this decision, the Board may elect a medical review panel to further evaluate the candidate's fitness for duty.

D. The academy director shall develop and implement a physical training program that stresses safety and optimizes the potential of students to pass the fitness test.

The safety and health of candidates shall be the foremost concern of the academy director and staff. The program must be designed to gradually increase performance levels. Exercise periods should be scheduled to minimize the impact of weather extremes (particular care must be taken during summer months to avoid heat- related injuries). Exercise periods must begin with appropriate warm-up exercises and end with cool-down activities.
The academy director must develop contingency plans and procedures to ensure adequate communications, transportation and first aid coverage are provided during all phases of exercise periods. In addition to these requirements, plans for running on public streets must include appropriate visibility markings (e.g., reflective vests/tape, traffic cone flashlights, etc.) and procedures for interaction with traffic.
The fitness program will be administered throughout the training cycle. Fitness training shall be conducted as a group activity no less than three times weekly. Students shall participate in all physical fitness training unless excused in writing by a medical doctor. Students are expected to perform at the pace set by the conditioning instructor. Performance of students shall be monitored and students who are not able to meet the pace will be given counseling and extra conditioning periods. The academy shall designate the time and location where individuals enrolled in the program may conduct additional fitness training.

E. Testing and evaluation of fitness shall be conducted by the administration of scheduled fitness tests.

Following academy registration activities, the first physical fitness test shall be administered. Each student must demonstrate an acceptable level of fitness by

achieving a score of not less than fifty percent (50%) on each event. Candidates failing to achieve this score shall be dismissed from the academy. The agency head shall be promptly notified of the student's failure to attain an acceptable fitness score.

Students who fail to achieve seventy percent (70%) on each event at the scheduled fitness tests will be counseled and their agency head notified of their performance. The agency head must advise the academy of their decision to continue training for their officers. Students will be offered three attempts to pass the final fitness test. Students who fail all three attempts will not graduate from the academy. The test shall be administered as follows:

a. Students shall be informed of the test date/time at least five working days in advance.

b. The academy director shall ensure that adequate staff members are available to administer the test. The director shall ensure all safety procedures are enforced. Staff members shall observe the number of repetitions and elapsed time.

Standards of Scoring Conversion - The candidate's performance on each event shall be matched with that event's standard sheet for the score. If the number of repetitions or performance of the candidate falls between values on the chart, the candidate must find an interval between the higher and lower performance that he/she received. If the performance falls in an interval lower half, the lower number is used. However, if the performance falls at half or more than half, the next whole number is selected.
Event I is the “Agility Run”. The agility course consists of two parallel lines on a floor separated by thirty feet (30'). One line is designated as the “Start/Finish” line, and the other, the “End Boundary” line. Both of these lines have a twelve inch (12”) cone (traffic pylon) placed on them. In addition, two other cones are to be placed equidistant between the lines.

a. The candidate begins from a flat, prone position with hands on the “start/finish” line with his/her legs straight and feet together. When signaled to start the student arises and begins a thirty foot (30') sprint to the “end boundary” line, stops (placing at least one foot over the end line) and sprints back to the original starting line. The student immediately negotiates a left turn around the cone on the starting line, and commences to zig-zag in a figure eight fashion around the cones up to the “end boundary” line, then zig-zagging back to the “start/finish” line. Once across the student sprints straight to the “end boundary line” and returns.

b. Each candidate is allowed two (2) attempts at the run to record his or her best time. Any mistake will result in a restart. In each of the two attempts, the

candidate is allowed (2) mistakes. Upon the third mistake, no time will be recorded for that event.

c. A candidate's score in this event will be determined by using the “Agility Run Standards” sheet.

Event II is the “Push-Up” test. The push-ups are done in a two (2) minute time period. The proper push-up position and form for the student is hands on the ground, feet together and arms fully extended. No other part of the body may touch the ground. The candidate shall commence in the exercise by placing his or her chest on the instructor's fist. If the student rests during the two (2) minutes, he or she may arch their back up or down, but must resume a proper push-up position before continuing with the exercise. The instructor may inform the candidate when the time remaining reaches the one minute mark and the thirty (30) second mark.

a. If any of the above rules are not followed by a candidate, the instructor will terminate the exercise and grant the previously completed number of push-ups to the candidate.

b. A candidate's score in this event will be determined by using the “Push-Up Standards” sheet.

Event III is the “1.5 Mile Run”. Candidates will run a measured one and a half (1½) mile course. Candidates may walk during brief periods of rest.

a. The one and a half (1½) mile run may only be attempted once by each candidate.

b. A candidate's score in this event will be determined by using the “1.5 Mile Run Standards” sheet.

Candidates must achieve a passing score in each event to successfully complete the fitness test. Failure of any one of the events would constitute failure of the entire test.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 8.4 Physical Fitness Testing requirements for Law Enforcement Officers

This document describes the Agility Run Standards for Mississippi Law Enforcement officers.

EVENT I - AGILITY RUN STANDARDS

EFFICIENY SCORE 20-29 YEARS AGILITY TIME (in seconds) 30-39 YEARS AGILITY TIME (in seconds) 40-50+ YEARS AGILITY TIME (in seconds)

Male

Female

Male

Female

Male

Female

31 Miss. Admin. Code Pt. 301, R. 100 Rule 100

15:90 17:80 16:40 18:90 17:35 20:55 99.50 15:95 17:85 16:44 18:95 17:40 20:61 99.00 15:99 17:91 16:49 19:01 17:44 20:66 98.50 16:04 17:96 16:53 19:06 17:49 20:72 98.00 16:08 18:02 16:58 19:12 17:53 20:77 97.50 16:13 18:07 16:62 19:17 17:58 20:83 97.00 16:17 18:13 16:67 19:23 17:62 20:88 96.50 16:22 18:18 16:71 19:28 17:67 20:94 96.00 16:26 18:24 16:76 19:34 17:71 20:99 95.50 16:31 18:29 16:80 19:39 17:76 21:05 95.00 16:35 18:35 16:85 19:45 17:80 21:10 94.50 16:40 18:40 16:89 19:51 17:85 21:16 94.00 16:44 18:46 16:94 19:56 17:89 21:21 93.50 16:49 18:51 16:98 19:62 17:94 21:27 93.00 16:53 18:57 17:03 19:67 17:98 21:32 92.50 16:58 18:62 17:07 19:73 18:03 21:38 92.00 16:62 18:68 17:12 19:78 18:07 21:43 91.50 16:67 18:73 17:16 19:84 18:12 21:49 91.00 16:73 18:79 17:21 19:89 18:16 21:54 90.50 16:76 18:84 17:25 19:95 18:21 21:60 90.00 16:80 18:90 17:30 20:00 18:25 21:65 89.50 16:85 18:95 17:34 20:06 18:30 21:71 89.00 16:89 19:01 17:39 20:11 18:34 21:76 88.50 16:94 19:06 17:43 20:17 18:39 21:82 88.00 16:98 19:12 17:48 20:22 18:43 21:87 87.50 17:03 19:17 17:52 20:28 18:48 21:93 87.00 17:07 19:23 17:57 20:33 18:52 21:98 86.50 17:12 19:28 17:61 20:39 18:57 22:04 86.00 17:16 19:34 17:66 20:44 18:61 22:09 85.50 17:21 19:39 17:70 20:50 18:66 22:15 85.00 17:25 19:45 17:75 20:55 18:70 22:20 84.50 17:30 19:51 17:79 20:61 18:75 22:26

84.00

17:34

19:56

17:84

0:66

18:79

22:31

EVENT I - AGILITY RUN STANDARDS

EFFICIENY SCORE 20-29 YEARS AGILITY TIME (in seconds) 30-39 YEARS AGILITY TIME (in seconds) 40-50+ YEARS AGILITY TIME (in seconds)

Male

Female

Male

Female

Male

Female

31 Miss. Admin. Code Pt. 301, R. 83.50 Rule 83.50

17:39 19:62 17:88 20:72 18:84 22:37 83.00 17:43 19:67 17:93 20:77 18:88 22:42 82.50 17:48 19:73 17:97 20:83 18:93 22:48 82.00 17:52 19:78 18:02 20:88 18:97 22:53 81.50 17:57 19:84 18:06 20:94 19:02 22:59 81.00 17:61 19:89 18:11 20:99 19:06 22:64 80.50 17:66 19:95 18:15 21:05 19:11 22:70 80.00 17:70 20:00 18:20 21:10 19:15 22:75 79.50 17:75 20:06 18:24 21:16 19:20 22:81 79.00 17:79 20:11 18:29 21:21 19:24 22:86 78.50 17:84 20:17 18:33 21:27 19:29 22:92 78.00 17:88 20:22 18:38 21:32 19:33 22:97 77.50 17:93 20:28 18:42 21:38 19:38 23:03 77.00 17:97 20:33 18:47 21:43 19:42 23:08 76.50 18:02 20:39 18:51 21:49 19:47 23:14 76.00 18:06 20:44 18:56 21:54 19:51 23:19 75.50 18:11 20:50 18:60 21:60 19:56 23:25 75.00 18:15 20:55 18:65 21:65 19:60 23:30 74.50 18:20 20:61 18:69 21:71 19:65 23:36 74.00 18:24 20:66 18:74 21:76 19:69 23:41 73.50 18:29 20:72 18:78 21:82 19:74 23:47 73.00 18:33 20:77 18:83 21:87 19:78 23:52 72.50 18:38 20:83 18:87 21:93 19:83 23:58 72.00 18:42 20:88 18:92 21:98 19:87 23:63 71.50 18:47 20:94 18:96 22:04 19:92 23:69 71.00 18:51 20:99 19:01 22:09 19:93 23:74 70.50 18:56 21:05 19:05 22:15 20:01 23:80 70.00

18:60

21:10

19:10

22:20

20:05

23:85

This document describes the Push-Up Standards for Mississippi Law Enforcement officers.

EVENT II - PUSH-UP STANDARDS

Male/Female Push-up Scores

% Scores for Ages 17 - 21 % Scores for Ages 22 - 26 % Scores for Ages 27 - 31 % Scores for Ages 32 - 36 % Scores for Ages 37 - 41 % Scores for Ages 42 - 46 % Scores for Ages 47 - 51 % Scores for Ages 52 + # of Repetitions

F 82 100

31 Miss. Admin. Code Pt. 301, R. 81.00 99.0

31 Miss. Admin. Code Pt. 301, R. 80.00 98.0

31 Miss. Admin. Code Pt. 301, R. 79.00 97.0

99.0

31 Miss. Admin. Code Pt. 301, R. 78.00 96.0

98.0

31 Miss. Admin. Code Pt. 301, R. 77.00 95.0

97.0

99.0

31 Miss. Admin. Code Pt. 301, R. 76.00 94.0

96.0

98.0

31 Miss. Admin. Code Pt. 301, R. 75.00 93.0

95.0

97.0

31 Miss. Admin. Code Pt. 301, R. 74.00 92.0

94.0

96.0

31 Miss. Admin. Code Pt. 301, R. 73.00 91.0

93.0

95.0

31 Miss. Admin. Code Pt. 301, R. 72.00 90.0

92.0

94.0

99.0

31 Miss. Admin. Code Pt. 301, R. 71.00 89.0

91.0

93.0

98.0

99.0

31 Miss. Admin. Code Pt. 301, R. 70.00 88.0

90.0

92.0

97.0

98.0

31 Miss. Admin. Code Pt. 301, R. 69.00 87.0

89.0

91.0

96.0

97.0

31 Miss. Admin. Code Pt. 301, R. 68.00 86.0

88.0

90.0

95.0

96.0

31 Miss. Admin. Code Pt. 301, R. 67.00 85.0

87.0

89.0

94.0

95.0

31 Miss. Admin. Code Pt. 301, R. 66.00 84.0

86.0

88.0

93.0

94.0

31 Miss. Admin. Code Pt. 301, R. 65.00 83.0

85.0

87.0

92.0

93.0

99.0

31 Miss. Admin. Code Pt. 301, R. 64.00 82.0

84.0

86.0

91.0

92.0

98.0

31 Miss. Admin. Code Pt. 301, R. 63.00 81.0

83.0

85.0

90.0

91.0

97.0

31 Miss. Admin. Code Pt. 301, R. 62.00 80.0

82.0

84.0

89.0

90.0

96.0

31 Miss. Admin. Code Pt. 301, R. 61.00 79.0

81.0

83.0

88.0

89.0

95.0

99.0

31 Miss. Admin. Code Pt. 301, R. 60.00 78.0

80.0

82.0

87.0

88.0

94.0

98.0

31 Miss. Admin. Code Pt. 301, R. 59.00 77.0

79.0

81.0

86.0

87.0

93.0

97.0

31 Miss. Admin. Code Pt. 301, R. 58.00 76.0

31 Miss. Admin. Code Pt. 301, R. 100 78.0

80.0

85.0

86.0

92.0

96.0

31 Miss. Admin. Code Pt. 301, R. 57.00 75.0

99.0

77.0

79.0

84.0

85.0

91.0

95.0

31 Miss. Admin. Code Pt. 301, R. 56.00 74.0

98.0

76.0

31 Miss. Admin. Code Pt. 301, R. 100 78.0

83.0

84.0

90.0

94.0

31 Miss. Admin. Code Pt. 301, R. 55.00 73.0

97.0

75.0

99.0

77.0

82.0

83.0

89.0

93.0

99.0

31 Miss. Admin. Code Pt. 301, R. 54.00 72.0

96.0

74.0

98.0

76.0

31 Miss. Admin. Code Pt. 301, R. 100 81.0

82.0

88.0

92.0

98.0

31 Miss. Admin. Code Pt. 301, R. 53.00 71.0

95.0

73.0

97.0

75.0

99.0

80.0

81.0

87.0

91.0

97.0

31 Miss. Admin. Code Pt. 301, R. 52.00 70.0

94.0

72.0

96.0

74.0

98.0

79.0

31 Miss. Admin. Code Pt. 301, R. 100 80.0

86.0

90.0

96.0

31 Miss. Admin. Code Pt. 301, R. 51.00 69.0

93.0

71.0

95.0

73.0

97.0

78.0

99.0

79.0

85.0

89.0

95.0

31 Miss. Admin. Code Pt. 301, R. 50.00 68.0

92.0

70.0

94.0

72.0

96.0

77.0

98.0

78.0

84.0

88.0

94.0

31 Miss. Admin. Code Pt. 301, R. 49.00 67.0

91.0

69.0

93.0

71.0

95.0

76.0

97.0

77.0

83.0

87.0

93.0

31 Miss. Admin. Code Pt. 301, R. 48.00 66.0

90.0

68.0

92.0

70.0

94.0

75.0

96.0

76.0

31 Miss. Admin. Code Pt. 301, R. 100 82.0

86.0

92.0

31 Miss. Admin. Code Pt. 301, R. 47.00 65.0

89.0

67.0

91.0

69.0

93.0

74.0

95.0

75.0

99.0

81.0

85.0

91.0

31 Miss. Admin. Code Pt. 301, R. 46.00 64.0

88.0

66.0

90.0

68.0

92.0

73.0

94.0

74.0

98.0

80.0

84.0

90.0

31 Miss. Admin. Code Pt. 301, R. 45.00 63.0

87.0

65.0

89.0

67.0

91.0

72.0

93.0

73.0

97.0

79.0

31 Miss. Admin. Code Pt. 301, R. 100 83.0

89.0

31 Miss. Admin. Code Pt. 301, R. 44.00 62.0

86.0

64.0

88.0

66.0

90.0

71.0

92.0

72.0

96.0

78.0

99.0

82.0

88.0

31 Miss. Admin. Code Pt. 301, R. 43.00 61.0

85.0

63.0

87.0

65.0

89.0

70.0

91.0

71.0

95.0

77.0

98.0

81.0

87.0

31 Miss. Admin. Code Pt. 301, R. 42.00 60.0

84.0

62.0

86.0

64.0

88.0

69.0

90.0

70.0

94.0

76.0

97.0

80.0

86.0

31 Miss. Admin. Code Pt. 301, R. 41.00 59.0

83.0

61.0

85.0

63.0

87.0

68.0

89.0

69.0

93.0

75.0

96.0

79.0

31 Miss. Admin. Code Pt. 301, R. 100 85.0

31 Miss. Admin. Code Pt. 301, R. 40.00 58.0

82.0

60.0

84.0

62.0

86.0

67.0

88.0

68.0

92.0

74.0

95.0

78.0

99.0

84.0

31 Miss. Admin. Code Pt. 301, R. 39.00 57.0

81.0

59.0

83.0

61.0

85.0

66.0

87.0

67.0

91.0

73.0

94.0

77.0

98.0

83.0

99.0

EVENT II - PUSH-UP STANDARDS

Male/Female Push-up Scores

F 38.00 56.0

80.0

58.0

82.0

60.0

84.0

65.0

86.0

66.0

90.0

72.0

93.0

76.0

97.0

82.0

98.0

31 Miss. Admin. Code Pt. 301, R. 37.00 55.0

79.0

57.0

81.0

59.0

83.0

64.0

85.0

65.0

89.0

71.0

92.0

75.0

96.0

81.0

97.0

31 Miss. Admin. Code Pt. 301, R. 36.00 54.0

78.0

56.0

80.0

58.0

82.0

63.0

84.0

64.0

88.0

70.0

91.0

74.0

95.0

80.0

96.0

31 Miss. Admin. Code Pt. 301, R. 35.00 53.0

77.0

55.0

79.0

57.0

81.0

62.0

83.0

63.0

87.0

69.0

90.0

73.0

94.0

79.0

95.0

31 Miss. Admin. Code Pt. 301, R. 34.00 52.0

76.0

54.0

78.0

56.0

80.0

61.0

82.0

62.0

86.0

68.0

89.0

72.0

93.0

78.0

94.0

31 Miss. Admin. Code Pt. 301, R. 33.00 51.0

75.0

53.0

77.0

55.0

79.0

60.0

81.0

61.0

85.0

67.0

88.0

71.0

92.0

77.0

93.0

31 Miss. Admin. Code Pt. 301, R. 32.00 50.0

74.0

52.0

76.0

54.0

78.0

59.0

80.0

60.0

84.0

66.0

87.0

70.0

91.0

76.0

92.0

31 Miss. Admin. Code Pt. 301, R. 31.00 49.0

73.0

51.0

75.0

53.0

77.0

58.0

79.0

59.0

83.0

65.0

86.0

69.0

90.0

75.0

91.0

31 Miss. Admin. Code Pt. 301, R. 30.00 48.0

72.0

50.0

74.0

52.0

76.0

57.0

78.0

58.0

82.0

64.0

85.0

68.0

89.0

74.0

90.0

31 Miss. Admin. Code Pt. 301, R. 29.00 47.0

71.0

49.0

73.0

51.0

75.0

56.0

77.0

57.0

81.0

63.0

84.0

67.0

88.0

73.0

89.0

31 Miss. Admin. Code Pt. 301, R. 28.00 46.0

70.0

48.0

72.0

50.0

74.0

55.0

76.0

56.0

80.0

62.0

83.0

66.0

87.0

72.0

88.0

31 Miss. Admin. Code Pt. 301, R. 27.00 45.0

69.0

47.0

71.0

49.0

73.0

54.0

75.0

55.0

79.0

61.0

82.0

65.0

86.0

71.0

87.0

31 Miss. Admin. Code Pt. 301, R. 26.00 44.0

68.0

46.0

70.0

48.0

72.0

53.0

74.0

54.0

78.0

60.0

81.0

64.0

85.0

70.0

86.0

31 Miss. Admin. Code Pt. 301, R. 25.00 43.0

67.0

45.0

69.0

47.0

71.0

52.0

73.0

53.0

77.0

59.0

80.0

63.0

84.0

69.0

85.0

31 Miss. Admin. Code Pt. 301, R. 24.00 42.0

66.0

44.0

68.0

46.0

70.0

51.0

72.0

52.0

76.0

58.0

79.0

62.0

83.0

68.0

84.0

31 Miss. Admin. Code Pt. 301, R. 23.00 41.0

65.0

43.0

67.0

45.0

69.0

50.0

71.0

51.0

75.0

57.0

78.0

61.0

82.0

67.0

83.0

31 Miss. Admin. Code Pt. 301, R. 22.00 40.0

64.0

42.0

66.0

44.0

68.0

48.0

70.0

50.0

74.0

56.0

77.0

60.0

81.0

66.0

82.0

31 Miss. Admin. Code Pt. 301, R. 21.00 39.0

63.0

41.0

65.0

42.0

67.0

46.0

69.0

48.0

73.0

55.0

76.0

58.0

80.0

65.0

81.0

31 Miss. Admin. Code Pt. 301, R. 20.00 38.0

62.0

40.0

64.0

40.0

66.0

44.0

68.0

46.0

72.0

54.0

75.0

56.0

79.0

64.0

80.0

31 Miss. Admin. Code Pt. 301, R. 19.00 37.0

61.0

38.0

63.0

38.0

65.0

42.0

67.0

44.0

71.0

52.0

74.0

54.0

78.0

63.0

79.0

31 Miss. Admin. Code Pt. 301, R. 18.00 36.0

60.0

36.0

62.0

36.0

64.0

40.0

66.0

42.0

70.0

50.0

72.0

52.0

77.0

62.0

78.0

31 Miss. Admin. Code Pt. 301, R. 17.00 34.0

58.0

34.0

61.0

34.0

63.0

38.0

65.0

40.0

68.0

48.0

70.0

50.0

76.0

61.0

77.0

31 Miss. Admin. Code Pt. 301, R. 16.00 32.0

56.0

32.0

60.0

32.0

62.0

36.0

64.0

38.0

66.0

46.0

68.0

48.0

75.0

60.0

76.0

31 Miss. Admin. Code Pt. 301, R. 15.00 30.0

54.0

30.0

58.0

30.0

60.0

34.0

62.0

36.0

64.0

44.0

66.0

46.0

74.0

57.0

75.0

31 Miss. Admin. Code Pt. 301, R. 14.00 28.0

52.0

28.0

56.0

28.0

58.0

32.0

60.0

34.0

62.0

42.0

64.0

44.0

72.0

54.0

74.0

31 Miss. Admin. Code Pt. 301, R. 13.00 26.0

50.0

26.0

54.0

26.0

56.0

30.0

58.0

32.0

60.0

39.0

62.0

42.0

70.0

51.0

72.0

31 Miss. Admin. Code Pt. 301, R. 12.00 24.0

48.0

24.0

52.0

24.0

54.0

28.0

56.0

30.0

58.0

36.0

60.0

40.0

68.0

48.0

70.0

31 Miss. Admin. Code Pt. 301, R. 11.00 22.0

44.0

22.0

50.0

22.0

52.0

26.0

54.0

28.0

56.0

33.0

58.0

38.0

64.0

44.0

68.0

31 Miss. Admin. Code Pt. 301, R. 10.00 20.0

40.0

20.0

46.0

20.0

50.0

24.0

52.0

26.0

54.0

30.0

56.0

36.0

60.0

40.0

64.0

9.00 18.0

36.0

18.0

42.0

18.0

45.0

22.0

50.0

24.0

52.0

27.0

54.0

34.0

57.0

36.0

60.0

8.00 16.0

32.0

16.0

38.0

16.0

40.0

20.0

45.0

22.0

50.0

24.0

52.0

32.0

54.0

32.0

56.0

7.00 14.0

28.0

14.0

34.0

14.0

35.0

18.0

40.0

20.0

44.0

21.0

50.0

28.0

51.0

28.0

52.0

6.00 12.0

24.0

12.0

30.0

12.0

30.0

16.0

35.0

18.0

38.0

18.0

43.0

24.0

48.0

24.0

46.0

5.00 10.0

20.0

10.0

25.0

10.0

25.0

14.0

30.0

16.0

32.0

15.0

36.0

20.0

40.0

20.0

40.0

4.00 8.00 16.0

8.00 20.0

12.0

24.0

12.0

26.0

12.0

29.0

16.0

32.0

16.0

32.0

3.00 6.00 12.0

6.00 15.0

9.00 18.0

9.00 20.0

9.00 22.0

12.0

24.0

12.0

24.0

2.00 4.00 8.00 4.00 10.0

4.00 10.0

6.00 12.0

6.00 14.0

6.00 15.0

8.00 16.0

1.00 2.00 4.00 2.00 5.00 2.00 5.00 3.00 6.00 3.00 7.00 3.00 8.00 4.00 8.00 4.00 8.00

This document describes the 1.5 Mile Run Standards for Mississippi Law Enforcement officers.

EVENT III - 1.5 MILE RUN STANDARDS

PERCENTAG E SCORE 20-29 YEARS RUN TIME (in minutes) 30-39 YEARS RUN TIME (in minutes) 40-50+ YEARS RUN TIME (in minutes)

Male Female Male Female Male Female 100 9:00 10:48 10:00 12:00 11:00 13:12 99.50 9:05 10:55 10:05 12:07 11:05 13:19 99.00 9:11 11:02 10:11 12:13 11:11 13:25 98.50 9:17 11:08 10:16 12:19 11:16 13:31 98.00 9:22 11:14 10:22 12:26 11:22 13:38 97.50 9:28 11:20 10:28 12:32 11:28 13:44 97.00 9:33 11:27 10:33 12:39 11:33 13:51 96.50 9:38 11:34 10/38 12:46 11:38 13:58 96.00 9:44 11:40 10:44 12:52 11:44 14:04 95.50 9:50 11:47 10:49 12:58 11:49 14:10 95.00 9:55 11:53 10:55 13:05 11:55 14:17 94.50 10:01 11:59 11:01 13:11 12:01 14:23 94.00 10:07 12:06 11:06 13:18 12:06 14:30 93.50 10:12 12:13 11:11 13:25 12:11 14:37 93.00 10:17 12:19 11:17 13:31 12:17 14:43 92.50 10:23 12:26 11:22 13:37 12:22 14:49 92.00 10:28 12:32 11:28 13:44 12:28 14:56 91.50 10:34 12:38 11:34 13:50 12:34 15:02 91.00 10:40 12:45 11:39 13:57 12:39 15:09 90.50 10:40 12:52 11:44 14:04 12:44 15:16 90.00 10:50 12:58 11:50 14:10 12:50 15:22

31 Miss. Admin. Code Pt. 301, R. 89.50 Rule 89.50

10:56 13:05 11:55 14:16 12:55 15:28 89.00 11:01 13:11 12:01 14:23 13:01 15:35 88.50 11:07 13:18 12:07 14:29 13:07 15:41 88.00 11:13 13:24 12:12 14:36 13:12 15:48 87.50 11:18 13:31 12:17 14:43 13:17 15:54 87.00 11:23 13:37 12:23 14:49 13:23 16:01 86.50 11:29 13:44 12:28 14:55 13:28 16:07 86.00 11:35 13:50 12:34 15:02 13:34 16:14 85.50 11:40 13:57 12:40 15:08 13:40 16:20 85.00 11:45 14:03 12:45 15:15 13:45 16:27 84.50 11:51 14:10 12:50 15:22 13:50 16:33 84.00 11:56 14:16 12:56 15:28 13:56 16:40 83.50 12:02 14:23 13:02 15:34 14:01 16:46 83.00 12:08 14:29 13:07 15:41 14:07 16:53 82.50 12:13 14:36 13:13 15:47 14:13 16:59 82.00 12:19 14:43 13:18 15:54 14:18

17:06

EVENT III - 1.5 MILE RUN STANDARDS

PERCENTAG E SCORE 20-29 YEARS RUN TIME (in minutes) 30-39 YEARS RUN TIME (in minutes) 40-50+ YEARS RUN TIME (in minutes)

Male Female Male Female Male Female 81.50 12:25 14:49 13:23 16:01 14:23 17:12 81.00 12:30 14:55 13:29 16:07 14:29 17:19 80.50 12:35 15:03 13:35 16:14 14:34 17:25 80.00 12:40 15:08 13:40 16:20 14:40 17:32 79.50 12:56 15:15 13:46 16:26 14:45 17:38 79.00 12:51 15:22 13:51 16:33 14:51 17:44 78.50 12:57 15:28 13:57 16:40 14:56 17:51 78.00 13:02 15:34 14:02 16:46 15:02 17:58 77.50 13:08 15:41 14:08 16:53 15:07 18:04 77.00 13:13 15:47 14:13 16:59 15:13 18:11 76.50 13:19 15:54 14:19 17:05 15:18 18:17 76.00 13:24 16:01 14:25 17:12 15:24 18:23 75.50 13:29 16:07 14:30 17:19 15:29 18:30 75.00 13:35 16:13 14:35 17:25 15:35 18:37 74.50 13:41 16:20 14:40 17:32 15:40 18:44 74.00 13:46 16:26 14:46 17:28 15:46 18:50

31 Miss. Admin. Code Pt. 301, R. 73.50 Rule 73.50

13:52 16:33 14:52 17:44 15:52 18:56 73.00 13:57 16:40 14:57 17:51 15:57 19:03 72.50 14:02 16:46 15:05 17:58 16:02 19:10 72.00 14:08 16:52 15:08 18:04 16:08 19:16 71.50 14:14 16:59 15:13 18:11 16:13 19:23 71.00 14:19 17:05 15:19 18:17 16:19 19:29 70.50 14:25 17:12 15:25 18:23 16:25 19:35 70.00 14:30 17:18 15:30 18:30 16:30 19:42

History - Adopted - 01/1987; rev - 12/1993, 01/1995, 01/1996, 09/2004 and 03/2015

History

Source: Miss Code Ann. § 45-6-7

Chapter 9 Certification Based on Equivalency of Training and Refresher Training

31 Miss. Admin. Code Pt. 301, R. 9.1 Purpose

This section establishes policy and procedures governing the certification of law enforcement officers’ procedures to review the record of those officers whose certification has lapsed and those officers who have training and experience in another jurisdiction (i.e., federal service). The Board will establish procedures to verify such applicants can demonstrate an adequate degree of knowledge, skills and abilities to perform the essential functions of the job.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 9.2 Policy

1. The Board shall evaluate each applicant's documented record of experience, education, and training. The accomplishments in each area shall be weighed to compare the applicant's credentials with the current standards for professional certification.

A. The certification status of any law enforcement officer shall lapse after a break in service of more than two (2) years. Time of Service will be determined by official Board records (applications, rosters). 1. Officers, certified in this state, who have had basic as in Chapter 9, Rule 9.2, Subsection-C and meet the employment guidelines, with a break in service of more than two (2) years, are required to complete the hands-on skill tests and law courses of the refresher course and provide verification of First Aid/CPR certification to restore their certification. The skill tests and law courses portions of the refresher course must be completed within one year for full-time status and two years for part-time status of their

date of hire. The skill tests must be conducted at a Board accredited academy. Academies must review the Board’s notice that the student is eligible for the skill tests. 2.Officers, certified in this state, who have had basic as in Chapter 9, Rule 9.2, Subsection-C and meet the employment guidelines with a break in service of five (5) years or more are required to complete the refresher course and provide verification of First Aid/CPR certification to restore their certification. The refresher course must be conducted at a Board accredited academy within one year for full-time status and two years for part-time status of their date of hire. Academies must review the Board’s notice that the student is eligible for the refresher course. B. All transfer applicants from another state, military, or federal jurisdiction that meet the employment guidelines applying for certification under Equivalency of Training must have completed training as defined in Chapter-9, Rule 9.2, Subsection-B. 1. The Board shall issue certification to applicants who establish residence within fifty (50) miles of the borders of this state if the following conditions are satisfied: a. The applicant holds a current and valid law enforcement license in good standing in another state, and has held this license from the occupational licensing board in the other state for at least one (1) year; and b. There were minimum education requirements and, if applicable, work experience, examination and clinical supervision requirements in effect, and the other state verifies that the applicant met those requirements in order to be licensed in that state; and c. The applicant has not committed any act in the other state that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation in Mississippi at the time the act was committed, and the applicant does not have a disqualifying criminal record as determined by the BLEOST in Mississippi under Mississippi law; and d. The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant’s work in the occupation in another state; and e. The applicant does not have a complaint, allegation or investigation pending before an occupational licensing board or other board in another state that relates to unprofessional conduct or an alleged crime. If the applicant has a complaint, allegation or investigation pending, the occupational licensing board in Mississippi shall not issue or deny a license to the applicant until the complaint, allegation or investigation is

resolved, or the applicant otherwise satisfies the criteria for licensure in Mississippi to the satisfaction of the BLEOST in Mississippi; and f. The applicant pays all applicable fees in Mississippi; and g. The applicant passes a jurisprudential examination specific to relevant state laws and administrative rules in Mississippi administered by the Board. h. The applicant completes the hands-on skill tests and law courses portions of the refresher course at a Board accredited academy and provides verification of First Aid/CPR certification. 2. The Board shall issue certification to applicants who establish residence within fifty (50) miles of the borders this state based on work experience in another state, if all the following apply: a. The applicant worked in a state that does not issue law enforcement license/certification to regulate the occupation; and b. The applicant worked for at least three (3) years in law enforcement as determined by the BLEOST; and c. The applicant satisfies the provisions of paragraphs (c) through (f) of subsection B (1) of this section; and d. The applicant passes a jurisprudential examination specific to relevant state laws, administrative rules, and skills in Mississippi administered by the Board. e. The applicant completes the hands-on skill tests and law courses portions of the refresher course at a Board accredited academy and provides verification of First Aid/CPR certification. 3. The Board shall issue certification to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, if, upon application to the Board, the applicant satisfies the following conditions: a. The applicant has been awarded a military occupational specialty, completed a military program of training, completed testing or equivalent training and experience, and performed in the occupational specialty; or b. The applicant holds a current and valid law enforcement license in good standing in another state, and has held this license from the occupational licensing board in the other state for at least one (1) year; and

c. The applicant has not committed any act in the other state that would have constituted grounds for refusal, suspension, or revocation of a license to practice that occupation in Mississippi at the time the act was committed, the occupational licensing board in the other state holds the applicant in good standing, and the applicant does not have a disqualifying criminal record as determined by the BLEOST in Mississippi under Mississippi law; and d. The applicant did not surrender a license because of negligence or intentional misconduct related to the applicant’s work in the occupation in another state; and e. The applicant does not have a complaint, allegation or investigation pending before an occupational licensing board or other board in another state that relates to unprofessional conduct or an alleged crime. If the applicant has a complaint, allegation or investigation pending, the occupational licensing board in Mississippi shall not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved, or the applicant otherwise satisfies the criteria for licensure in Mississippi to the satisfaction of the occupational licensing board in Mississippi; and f. The applicant pays all applicable fees in Mississippi; and g. The applicant passes a jurisprudential examination specific to relevant state laws, administrative rules, and skills in Mississippi administered by the Board; and h. The applicant completes the hands-on skill tests and law courses portions of the refresher course at a Board accredited academy and provides verification of First Aid/CPR certification. 4. The Board shall issue a license to an applicant who is a member of the military, or an applicant who is married to or is a dependent of a member of the military, upon application based on work experience in another state, if all the following apply: a. The applicant worked in a state that does not issue law enforcement license/certification to regulate the occupation; and b. The applicant worked for at least three (3) years in the lawful occupation; and c. The applicant satisfies the provisions of paragraphs (c) through (f) of subsection B (3) of this section; and

d. The applicant passes a jurisprudential examination specific to relevant state laws, administrative rules, and skills in Mississippi administered by the Board; and e. The applicant completes the hands-on skill tests and law courses portions of the refresher course at a Board accredited academy and provides verification of First Aid/CPR certification. 5. The passing score for the jurisprudential examination is 70%. This examination must be successfully completed within 120 days of the date of the application. For applicants not successfully completing the test or applicants that did not take the test within 120 days of the date of the application, the applicant must complete the refresher course. Applications are due within thirty (30) days of the date of hire. Applicants required to complete the refresher course must provide verification of First Aid/CPR certification to receive certification. The refresher course must be conducted at a Board accredited academy within one year for full-time status and two years for part-time status of their date of hire. 6. Upon application, applicants must present an acceptable form of identification to verify Mississippi residency, if residency in this state is required. Applicants must provide verified documentation to satisfy the conditions of this section. C. Officers must have successfully completed an acceptable basic law enforcement training course to be eligible for certification based on equivalency of training. Officers who have not met this requirement must complete the basic course to obtain certification. 1. An acceptable basic law enforcement training course shall be defined as: a. One that meets an approved state standard for mandated training which leads to certification as a law enforcement officer. In addition to having completed a state approved basic course, officers whose total basic course hours are below the hours of the Mississippi curriculum, must also have completed on the job training consisting of at least six months of full-time law enforcement experience in the same jurisdiction wherein the training was completed; b. A basic course, equivalent to the Mississippi curriculum, sponsored by a federal agency for its law enforcement officer; 2. In situations where the course predated state statutory requirements for law enforcement training or the course was administered by a federal jurisdiction, the course curriculum will be compared to the Mississippi curriculum. Basic law enforcement training courses which were conducted by the former Mississippi Game and Fish Commission or the Mississippi Bureau of Narcotics prior to the enactment of the Law

Enforcement Officer Training Program shall be acceptable for purposes of granting equivalency. 3. The Board staff will review the actual basic course completed. Courses will be compared to the curriculum offered during the same period in this state. In addition to the courses listed, the staff will review the standards for successful graduation, the duration of the course and the training delivery method. The course must equal or exceed our existing standards to be considered an acceptable course. 4. Acceptable courses include written and hands-on examinations. Candidates must have passed all course requirements or achieved a minimum score of seventy percent (70%), whichever is higher. D. Any officer, certified in this state, whose break in service was due to service in a closely related criminal justice position may restore their certification without further training by returning to law enforcement service before a two (2) year break. With a break of two (2) years or more, the officer may restore their certification by completing the hands-on skill tests and law courses portions of the refresher course. Once an officer has been deemed eligible for the skill tests and law courses, the department head will be notified by the Board. 1. Applicants must have: completed the basic course as in Chapter-9, Rule 9.2, Subsection-C above, met the current employment guidelines and completed each of the hands-on skill tests and law courses and provide verification of First Aid/CPR certification within one year for full-time status and two years for part-time status of their date of hire. The skill tests must be conducted by a certified instructor or at a Board accredited academy. The law courses must be conducted at a Board accredited academy. Academies and instructors must review the Board’s notice that the student is eligible for the skill tests and law courses. The skill tests are: a. Firearms, b. Defensive Driving and c. Mechanics of Arrest 2. Applicants must have served in a full-time capacity in one of the following positions (or other position as approved by the Board): a. As an instructor in a Board-approved academy, instructor, or student in criminal justice (or related subject area) at an institution of higher learning, or b. As an investigator for a district attorney, or investigator for a state level agency responsible for enforcing criminal statutes, or 3. Applicants must have served in a part-time law enforcement position in this state.

E. Any officer, certified in this state, whose break in service was due to serving as a law enforcement officer in another state or federal jurisdiction may restore their certification without further training by returning to law enforcement service before a two (2) year break. With a break of two (2) years or more, the officer may restore their certification by completing the hands-on skill tests and law courses portions of the refresher course and provide verification of First Aid/CPR certification within one year for full-time status and two years for part-time status of their date of hire. The skill tests must be conducted at a Board accredited academy. The law courses must be conducted at a Board accredited academy. Academies and instructors must review the Board’s notice that the student is eligible for the skill tests and law courses. 1. Applicants must have completed the basic course as in Chapter-9, Rule 9.2, Subsection-C above and met the current employment guidelines. 2. Applicants must have served in a full-time capacity as a law enforcement officer in one of the following positions (or other position as approved by the Board): a. A municipal police officer, county deputy sheriff or other law enforcement officer appointed or employed full-time in a recognized political subdivision of any state, province or territory of the United States of America who is vested with the authority to bear arms, make arrests, and has as their primary duty the prevention and detection of crime, the apprehension of criminals and the enforcement of criminal and traffic laws of the political subdivision. b. Any person currently or formerly classified under the GS-1811 series or any uniformed federal law enforcement officer who is: appointed or employed full- time by the United States Department of Justice or its law enforcement subdivisions, the Department of Defense or its recognized military service branches, the Department of the Interior, the Department of the Treasury or its law enforcement subdivisions, or the District of Columbia; and/or who is vested with the authority to bear arms, make arrests, and has as their primary duty the prevention and detection of crime, the apprehension of criminals, and the enforcement of criminal and traffic laws of the United States of America. F. The Board shall establish the acceptable curriculum and training delivery methods for the refresher course. 1. Any Board accredited training academy may present the refresher course curriculum. With prior Board approval, academies may tailor the curriculum delivery to that method best suited for their service area. Training standards shall also include certified instructors, record keeping and testing. Academies must review the Board’s notice that the student is eligible for the refresher course.

Should agencies decide to integrate refresher course students into existing basic course classes, the refresher student shall be expected to complete the entire module to obtain credit for the refresher curriculum. 3. The academy shall provide the Board staff a preliminary roster, class schedules with planned instructors, and any new instructor applications not later than 10 working days prior to the class start date. 4. The academy shall provide the Board staff an updated entrance roster (if applicable), the student’s graded entrance fitness score sheet, and the original completed training packets not later than five working days after the class report date. The candidate’s NCIC report, certificate of high school/GED completion and verification of First Aid/CPR certification must be attached. All conflicts or missing information in these packets must be resolved before process can be completed. 5. Within ten (10) working days of the completion of the class, the academy must send a copy of the certificate, and the student’s final grades to their department and to the Board. The final roster of students completing the class, written documentation of any student failure, dismissal, or withdrawal with reason from the academy must be submitted to the Board within ten (10) working days after completion of the class. 6. Any schedule changes must be reported in writing to the Board at the earliest opportunity (fax or e-mail), documented and maintained with the records of that course. A final schedule as amended with changes will be submitted with the final class roster and other end of course documents. G. Standards for successful completion of the Refresher Course are: 1. An average academic score of 70% 2. A firearms qualifying score of 75% 3. A defensive driving score of 80% 4. A mechanics of arrest score of 80% 5. A physical fitness entrance score of 50% 6. Provide verification of First Aid/CPR certification 7. Financial obligations paid in full by self-sponsored cadets. H. The Refresher Course is administered as a whole unit of training. The entire course must be completed satisfactorily to obtain certification. No credit will be given for

partially completed training. In addition to the course standards, all students must adhere to all academy rules and regulations. I. It is incumbent upon the law enforcement agency to ensure that all officers obtain certification. Employers should ensure that all applications for certification are submitted on a timely basis. Once the staff has provided instructions for the certification of a particular officer, employers should encourage their personnel to attempt testing/enrolling in training programs so that each officer will be assured of completing any and all requirements within the time period.” Rule 9.3 Procedure

All procedures applicable to certification for newly employed officers must be followed in seeking certification based on equivalency and refresher course training. In addition to the forms required for the certification process, the employer shall provide documentation of law enforcement training (copies of certificates, etc.). The board staff will authenticate all documents submitted to the board from other jurisdictions. The employer shall be prepared to submit the curriculum for training completed in another jurisdiction. The staff will request curriculums as needed for the Board files. Once an officer has been deemed eligible to attend the refresher course, the department head will be notified by the Board. The training packet must then be completed and submitted to the assigned academy.

A. The students will be evaluated by the administration of written examinations. Any student who fails to achieve a final academic average of at least seventy percent (70%) will not graduate. Any student who becomes mathematically eliminated during training will be academically dismissed. Any student who fails will be eligible for re-admittance only to the academy where training was given.

B. Any student who does not achieve a score of at least seventy-five percent (75%) on the firearms portion of training will not graduate from the course. The skill areas of defensive driving, and mechanics of arrest require scores of eighty percent (80%) to graduate. An entry physical fitness test will be administered upon reporting for training and will determine whether a student can remain in the program. This test is an eligibility requirement. A passing score of fifty (50%) must be achieved. Those students who fail the examination must leave the academy. They may, however, resubmit their application to attend a future training class. The test is comprised of three components: agility run, push-ups, and a 1½ mile run.

C. Students shall be afforded excused absences for not more than five percent (5%) of the scheduled training. Students enrolled as a refresher student in a basic course may be given not more than two scheduled opportunities to complete a required class. Students who miss more than the five percent (5%) or fail to attend a scheduled class two times, shall be dismissed.

D. Every training academy shall promulgate a set of written rules and regulations

governing the conduct of students who are at the academy for refresher training. A copy of the approved rules shall be made available to the student at the beginning of training. Student misconduct may result in a dismissal. Prior to dismissal for disciplinary reasons, students will be afforded the opportunity to have a hearing before an impartial review board. The review board will make a recommendation to the academy director whose decision is then final. Students may be re-admitted only to the same academy. The academy director will weigh the circumstances and decide whether to re-admit the student. The director's decision may be appealed to the Board by the student's agency head.

History - adopted - 10/1984; rev - 10/1991, 07/1993, 01/1996, 07/1997/1998/2000/2004, 11/2007, 09/2010, 07/2013, 09/2014, 09/2015, 03/2017, 11/2017, 01/2018, 05/2018, 05/2019 and 08/2020

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 9.4 Refresher Training Curriculum 1

This document describes the 200-hour Refresher Training Curriculum for all Mississippi Law Enforcement Officers.

LAW ENFORCEMENT REFRESHER TRAINING CURRICULUM

HOURS

Mississippi Vehicle Law and Enforcement
Traffic Crash Investigation 16
Mississippi Motor Vehicle Law and Enforcement 4
DUI Law, Detection and Field Sobriety 10
POLICE DEFENSIVE TACTICS
Officer Safety - Mechanics of Arrest, Restraint and Control
Use of Force 4
FIREARMS
Firearms Training
EMERGENCY VEHICLE OPERATION
Emergency Vehicle Driver Training
INVESTIGATIVE PRACTICES
Crime Scene Processing 2
ORGANIZED CRIME/DRUGS 26. Identification and Handling Drugs 6
CRIMINAL LAW AND PROCEDURES
Constitutional Law; Search and Seizure; Laws of Arrest 8
Mississippi Criminal Law 16
Mississippi Juvenile Law - Dealing with Juveniles 2
Courtroom Procedures and Rules of Evidence 1
Courtroom Testimony, Demeanor and Mock Trial 1
Civil Liability
CRIMINAL INVESTIGATION
Principles of Criminal Investigation 2
Domestic Violence Response 16
REPORT WRITING
Report Writing, Note Taking and Case Preparation
PATROL OPERATIONS
Patrol Concept, Preparation and Techniques; Calls for Service; Crimes in Progress
Active Shooter 16
Civil Complaints and Service Calls 2
Bias Based Profiling
HOMELAND SECURITY
Introduction of Homeland Security and ICS 46. Human Trafficking
HUMAN RELATIONS
1. Human Behavior/Interpersonal Communications 18. Law Enforcement and Citizens with Special Needs 19. Conflict Management

ADMINISTRATIVE

Total

History - adopted - 10/1984; rev - 12/1989, 11/2015, 11/2017, 01/2018, 07/2019

History

Source: Miss Code Ann. § 45-6-7

Chapter 10 Continuing Education and Course Certification

31 Miss. Admin. Code Pt. 301, R. 10.1 Purpose

This chapter defines advanced training for purposes of administration of the law enforcement officer training program and provides instructions for completion and submission of related documents.

History

Source: Miss Code Ann. § 45-6-7, 45-6-19, 25-3-25

31 Miss. Admin. Code Pt. 301, R. 10.2 Policy

The enabling legislation provides that the activities of law enforcement officers are of such nature as to require selection, education and training of a professional nature upon entrance and during the careers of such officers. Beginning in 2004, the Legislature enacted specific requirements for certain law enforcement officers to complete continuing education. This chapter shall focus on the continuing education and training during the careers of law enforcement officers.

A. Continuing education requirements for municipal police chiefs and municipal law enforcement officers.

The chief law enforcement officer of any state agency, county, municipality, public two-year or four-year college or university and any extension thereof in the State of Mississippi, and the Pearl River Valley Water Supply District, is required to annually complete twenty (20) hours of executive level continuing education courses and any new chief of police having never previously served in that capacity, is required to complete forty (40) hours of executive level continuing education courses for his first year of service which are approved by and reported to the Mississippi Board on Law Enforcement Officers Standards and Training. Elected chiefs, although exempt from certification requirements, are not exempt from continuing education requirements. 2. Any law enforcement officer of any state agency, county, municipality, public two-year or four-year college or university and any extension thereof in the State of Mississippi, and the Pearl River Valley Water Supply District, is required to annually complete a specified number of hours of continuing education courses which are approved by and reported to the Mississippi Board on Law Enforcement Officers Standards and Training. The following number of hours of continuing education courses is required for law enforcement officers based upon the number of years following July 1, 2004: a. 0-2 years after July 1, 2004 ........8 hours of annual training b. 3-4 years after July 1, 2004 .......16 hours of annual training c. 5 or more years after July 1, 2004 .....24 hours of annual training. B. Any chief of police or law enforcement officer who fails to comply with the provisions of this section shall be subject to having his/her certification as a chief of police or law enforcement officer revoked by the Mississippi Board on Law Enforcement Officers Standards and Training, in accordance with Section 45-6-11. Failure to complete and/or report the training will place the agency on administrative hold. The Board shall notify the State Auditor’s Office and the appropriate District Attorney or County Attorney of all noncompliance. C. The Mississippi Board on Law Enforcement Officers Standards and Training is authorized to institute and promulgate all rules necessary for considering the revocation of any municipal chief of police or law enforcement officer who does not comply with the provisions of this section, and may grant, for sufficient cause shown, an extension of time in which compliance with the provisions of this section may be made. D. Any chief of police or law enforcement officer who is aggrieved by any order or ruling made under the provisions of this section has the same rights and procedure of appeal as from any other order or ruling of the Mississippi Board on Law Enforcement Officers Standards and Training.

E. Beginning in July, 2014, all sheriffs are required to annually complete twenty (20) hours of continuing education courses in law enforcement. Such courses shall be approved by the Mississippi Board on Law Enforcement Officer Standards and Training. F. Continuing Education shall be defined as; instruction that enhances or develops law enforcement Knowledge, Skills or Abilities (KSA’s) for either generalized or specialized law enforcement essential functions as determined by the Board. The Board shall conduct ongoing assessments of KSA’s to determine the critical needs wherein agencies and individual officers would most benefit from programs. G. Continuing Education Planning and Budgeting - The Board shall develop and implement a process each fiscal year to approve advanced training for law enforcement professional associations. Law enforcement professional associations approved for advanced training by the Board include the Mississippi Constable’s Association, Mississippi Association of Chiefs of Police, and the Mississippi Sheriff’s Association. These associations may provide critical needs continuing education, executive and leadership advanced training. Any reimbursement of training expenses will be authorized only for those agencies and subdivisions of the state who are in compliance with all provisions of the Law Enforcement Officers Training Program (LEOTP) to include those policies and procedures established by the Board on Law Enforcement Officer Standards and Training pursuant to the LEOTP.”

31 Miss. Admin. Code Pt. 301, R. 10.3 Procedures

All participating agencies included under the LEOTP as described in this manual shall follow these steps in submitting required forms:

A. Law Enforcement Course Certification Request - This form is used to request approval from BLEOST to conduct advanced training courses. The Course Certification Request form is to be completed and submitted by the course coordinator to BLEOST.

Training providers may submit the Course Certification Request to obtain recognition of training, credit for elective training toward a legislative mandate, or to meet one or more requirements of the annual continuing education plan. Providers must agree to maintain required documentation in a digital format approved by the Board including the student record, class record and training records.
Course Certification Request forms shall include all requested information including course learning objectives that are linked to the essential functions established by the board. Teaching methodologies must include interactive learning activities such as scenario training. All approved training must have an assessment component which must include written or hands on demonstration of meeting the learning objectives for every participant.

B. Law Enforcement Course Evaluation Instrument - This form must be completed by all course attendees and returned to BLEOST. This questionnaire is a primary means used by BLEOST to gather information to assist in maintaining high quality courses.

C. Law Enforcement Course Roster - The Course Roster form is to be completed and submitted by the course coordinator to BLEOST within ten working days following completion of the course. In addition to the printed roster, the Board may require submission of electronic data base information. The roster shall also include appropriate reimbursement worksheets to facilitate payment.

Law Enforcement Officer Firearms Standard for Active Duty and Off-Duty/Back- Up Handgun - The State standard for law enforcement officer annual firearm training for all active duty and off-duty/back-up handguns is as follows:

A. Active Duty Board Approved Firearms Qualification Course.

The weapon is a duty revolver or semi-automatic pistol. See Section (C) of Chapter 9 for the approved target list and scoring procedure. This is a 50 round course using duty ammunition or equivalent. The start position is loaded handgun in secured holster. All firing is two-handed standing unless noted otherwise. The initial loading procedure for semi-automatic handguns is to load with full magazine, magazine number two loaded with 5 rounds and all other magazines loaded to capacity. The initial loading procedure for revolvers is to load with 6 rounds. All speed loaders, speed strips, ammunition pouches, or loops loaded to capacity. All reloading must be from secured ammunition pouch. No reloading commands will be given. Ammunition management is the responsibility of the shooter after Stage II. Shooter is responsible for speed reloading or tactical reloading in order to maintain a loaded handgun. Running out of ammunition during a stage is not a valid excuse. Rounds not fired are scored as misses.

a. STAGE 1 3 Yard Line, on command, draw and fire 2 rounds weapon hand only in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.

Note: After Stage 1, weapon will be loaded with 6 rounds only. Semi-autos will be loaded with the 5 round magazine.

b. STAGE 2 5 Yard Line, on command, draw and fire 6 rounds weapon hand only and reload in 14 seconds. (Mandatory speed reload). On completion of time, scan and holster. Total of 6 rounds.

c. STAGE 3 5 Yard Line, on command, shooter will draw and transfer handgun to support hand and remain at the ready position for the next string.

On command, fire 6 rounds support hand only in 6 seconds. On completion of time, scan and holster. Total of 6 rounds.

e. STAGE 5 7 Yard Line, on command, draw and fire 2 rounds in 3 seconds. On completion of time, scan and holster. Repeat two additional times. Total of 6 rounds.

B. Off Duty/Backup Board Approved Firearms Qualifications Course

The weapon is a handgun used for off-duty/backup (ONLY). See the approved target list and scoring procedure in Section (C) of Chapter 9. This is a 25 round course using approved ammunition. All stages are from holster, two-handed standing firing position unless noted otherwise. The loading procedure is 5 rounds unless otherwise directed by the Firearms Instructor. A final score of seventy-five percent (75%) must be achieved to successfully complete the course.

a. STAGE 1 3 Yard Line, draw and fire 2 rounds weapon hand ONLY. Time limit is 3 seconds. Draw and fire 3 rounds weapon hand ONLY. Time limit is 4 seconds. Total of 5 rounds.

b. STAGE 2 3 Yard Line (Disabled hand drill), when instructed, shooter will draw, transfer handgun to support hand and remain at the ready position for the next string. (To simulate that weapon hand is disabled). On command, fire 5 rounds support hand ONLY. Time limit is 5 seconds. Total of 5 rounds.

c. STAGE 3 5 Yard Line, draw and fire 5 rounds standing. Time limit is 6 seconds. Total of 5 rounds.

d. STAGE 4 7 Yard Line, draw and fire 3 rounds standing. Time limit is 5 seconds. Draw and fire 2 rounds standing. Time limit is 4 seconds. Total of 5 rounds

e. STAGE 5 10 Yard Line, draw and fire 2 rounds standing. Time limit is 5 seconds. Draw and fire 3 rounds standing. Time limit is 6 seconds. Total of 5 rounds.

C. Approved Target List and Scoring Procedures

Values on all targets: Regardless of target type, rounds breaking a scoring line count the lesser value. Rounds breaking the edge of the silhouette are scored as a miss. For the Off-Duty/Backup Qualification course point values will be double

a. Target B-27 (All Versions). Hits inside 8 ring counts 5 points, hits inside 7 ring counts 4 points, and hits outside 7 ring and in black count 3 points. Multiply total number of points by .4 for score.

b. Target TQ-19 (All Versions). Hits inside center mass and head area count 2 points and hits on other area of the silhouette count 1 point.

c. Target TQ-21 (All Versions). Hits inside center mass and head area count 2 points and hits on other areas of the silhouette count 1 point.

d. Target DOE-15. Hits inside center mass and head circle count 5 points, hits inside larger center mass area count 4 points, and hits on other areas of the silhouette count 3 points. Multiply total number of points by .4 for score.

e. Target Q (All Versions). 2 points for each hit inside bowling pin area.

Qualification scores are 75 to 85 percent = Marksman (Minimum passing), 86 to 92 percent = Sharpshooter, and 93 to 100 percent = Expert.

History - adopted - 11/2004; rev - 05/2006, 11/2007, 07/2008, 11/2008 and 09/2014

History

Source: Miss Code Ann. § 45-6-7, 45-6-19, 25-3-25

Chapter 11 Constable Training Requirements

31 Miss. Admin. Code Pt. 301, R. 11.1 Purpose

This section establishes policy and procedures governing the training requirements for Constables.

History

Source: Miss Code Ann. § 19-19-5

31 Miss. Admin. Code Pt. 301, R. 11.2 Policy

The Board on Law Enforcement Officer Standards and Training is responsible for the establishment of an appropriate training program for constables in the field of law enforcement at the Mississippi Law Enforcement Officer’ Training Academy or such other training programs that are approved by the Board on Law Enforcement Officer Standards and Training pursuant to Section 45-6-9. According to the statute, constables have the same duties and responsibilities enumerated in the definition of a law enforcement officer as found in § 45-6-3 (c) of the Mississippi Code as annotated. During a constable’s term of office, each constable shall attend and, to the extent to which he is physically able, participate in a curriculum having a duration of two (2) weeks which addresses the nature and scope of specific duties and responsibilities of a constable and which includes firearm use and safety training.

Note: § 45-6-3 excludes elected officials from the definition of the term "law enforcement officer" thereby ensuring such officials would not be required to meet the provisions of the Law Enforcement Officers Training Program (LEOTP). Although constables shall be treated as law enforcement officers for the purposes of accomplishing the mandated training requirement of the Constable Training and Identification Act of 1986, constables are excluded from all other requirements of the LEOTP.

A. The Board of Law Enforcement Officers Standards and Training shall develop a program of continuing education training for constables to attend consisting of eight (8) hours annually. The program shall be divided equally between firearms training and safety and instruction in both substantive and procedural law. The training will be conducted by the Mississippi Constables Association, and appropriate parts of the program may be conducted by members who have been certified by the Board to conduct the training program. The cost of travel, tuition and living expenses in attending the continuing training shall be paid out of the Law Enforcement Officers Training Fund created in Section 45-6-15.

No constable elected prior to January 1, 2000, shall be required to comply with the continuing education requirements of this paragraph 2. However, any constable may elect to attend the annual training and shall be reimbursed therefor as provided in this paragraph. 3. The provisions of this subsection shall not apply to a constable who has received a certificate from the Board on Law Enforcement Officers Standards and Training evidencing satisfaction of subsections (3) and (4) of Section 45-6- 11, or who is exempt from the requirements of subsections (3) and (4) of Section 45-6-11 by the provisions of subsection (1).

History - Adopted - 12/1987; rev - 04/1990/1997, and 09/2018

History

Source: Miss Code Ann. § 45-6-3, 19-19-5

Chapter 12 Constable Identification

31 Miss. Admin. Code Pt. 301, R. 12.1 Purpose

This section establishes the design of the uniform, motor vehicle identification and flashing blue light to be used by constables in order that all of said officers within the state shall be similarly equipped.

History

Source: Miss Code Ann. § 19-19-1, 45-6-3

31 Miss. Admin. Code Pt. 301, R. 12.2 Policy

The board of supervisors shall furnish each constable with at least two (2) complete uniforms and with some type of motor vehicle identification which clearly indicates that the motor vehicle is being used by a constable in his official capacity.
The design of such uniforms, the design of such motor vehicle identification and the type of such flashing blue light shall be prescribed by the Board on Law Enforcement Officers Standards and Training in order that all constables within the state shall be similarly equipped.
The constable shall at all times while on official duty wear his uniform and when in his vehicle, clearly display his official motor vehicle identification. The motor vehicle shall also have a blue flashing light affixed to the vehicle. Decals shall be installed so as to present a professional appearance. Worn, illegible and missing decals should be replaced. The design of such items is as follows:

A. Uniform - The uniform shall consist of a shirt with permanently affixed emblems, a badge and trousers. The design of these items is as follows:

Shirts - Shirts are to be a solid navy blue color. They are to have at least two pockets. The pockets are to be pleated and covered with scalloped pocket flaps. The shirts are to be equipped with two shoulder straps which have been finished with an old gold color soutache (edging). The shirts shall also be equipped with a badge tab over the left pocket. Both long and short sleeve shirts shall be authorized as appropriate for the weather conditions. 2. Emblem - Emblems are to be sewn on both sleeves three quarters of an inch (¾”) down from the shoulder seam. The authorized emblem shall be an embroidered elongated oval patch with a two inch (2”) radius, a four inch (4”) width and a five inch (5”) overall length. The emblem shall contain an old gold color seven (7) point star with a light blue color state seal design centered on

the star. The star itself shall be placed in the center of the emblem on a navy blue background. The word constable shall be embroidered in old gold color block letters forming a semicircle above the star. The county name shall be in the old gold color block letters forming a semicircle below the star. The emblem shall be finished with a light blue soutache (edging) about the circumference of the design. (See Figure 1 for representative sample) No other emblems are authorized to be attached to the uniform shirt. 3. Trousers - Trousers are to be a solid taupe color. The waistband shall be capable of accommodating a one and three quarter inch (1¾”) belt. The style of the front pockets may be a quarter of an inch (¼”) top, straight side seam or a three-quarter of an inch (¾”) drop western style. Patch or bellows pockets are not acceptable. The trousers are to be finished without cuffs. A navy blue color stripe with old gold color soutache shall be sewn along the side seam of the trousers. 4. Badge - Badges are to be attached to the badge tab of the uniform shirt. The badge shall be a seven (7) point design with one (1) banner space, a circular space and a number district space. The banner shall contain the word constable. The circular space shall contain the constable's name and the district number shall be in the space provided. All lettering shall be blue enameled block style lettering. The state seal shall be rendered in blue and white enamel and set in the inset provided in the center of the star. The star shall be a gold color with blue enamel background. (see Figure 2 for a representative sample) 5. Other Equipment - All constables may be fitted with other equipment (e.g., leather gear, head and foot gear, accoutrements etc.) as needed. Equipment worn in addition to the uniform described herein shall be worn in accordance with instructions established by the local Board of Supervisors or the rules adopted by the Mississippi Constable Association.

B. Motor Vehicle Identification - The constable's vehicle shall be identified whenever used for official business. The identification shall consist of markings on the front fenders, front doors and rear. In addition to the markings, the constable's vehicle shall be equipped with flashing blue lights. The design of these items shall be as follows:

Front Fender - Both the left and right front fenders shall be marked with a reflective adhesive type decal containing the word constable in three inch (3”) block letters. The lettering shall be blue in color with either a clear or white background. The decal shall be affixed to the fenders so that the word constable is legible when viewed from the side of the vehicle.
Front Doors - The front doors of the vehicle shall contain a seven point star shaped reflective adhesive type decal. This decal shall be centered on the vehicles front door. The star shall be gold in color with black detailing and lettering. The word constable shall appear on the star in block letters. There

shall be a second decal centered under the star decal containing the county name in one and a half inch (1½”) block style letters. The lettering shall be blue in color with either a clear or white background.

Rear - The rear markings shall consist of a reflective adhesive decal with the word constable in one and a half inch (1½”) block letters. The lettering shall be blue in color with either a clear or white background. This decal shall be affixed in the center of the vehicle so that the word constable is visible from the rear.
Blue Flashing Lights - The constable's motor vehicle shall have an enclosed blue lens light bar installed over the roof. The fixture shall have provisions for at least two lights not less than thirty-five watts that are capable of being rotated or visible from the front and rear of the vehicle. Direct wiring with a dash mount control shall be provided for each installation.

History

Source: Miss Code Ann. § 19-19-1, 45-6-3

31 Miss. Admin. Code Pt. 301, R. 12.3 Constable Identification Items

This document shows the designs of the Constable Emblem, Badge and Door Decal.

Chapter 13 Instructor Certification

31 Miss. Admin. Code Pt. 301, R. 13.1 Purpose

This section establishes policy and procedures governing the standards and qualifications to be used to certify instructors for Board-approved training.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 13.2 Policy

All persons instructing law enforcement officers in Board-approved training courses of four hours or less must be qualified as determined by the academy director. All persons instructing more than four hours in a Board-approved training course must be certified as an instructor by the Board on Law Enforcement Officer Standards and Training.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 13.3 Procedures

Minimum requirements for certification of training instructors.

A. Individuals applying for certification to instruct in BLEOST approved courses must apply through the completion of a formal application (BLEOST Instructor Application Packet). Applications must be submitted to the Director of a Board approved training academy. That Director will review the application and forward the endorsed application to the Board for consideration. Each nominee for certification must meet the following requirements:

Education and Experience - The applicant must show an educational and criminal justice experience equal to one (1) of the following:

a. A high school graduate and five (5) or more years of experience in the subject area

b. Two (2) years of college and three (3) or more years’ experience in subject area

c. A bachelor’s degree and one (1) or more years of experience in subject area,

d. Or persons with specialized, identifiable skills not meeting the above requirements, may be certified upon academy director's request and staff review.

Sufficient Knowledge of Subject Matter - The applicant must demonstrate an adequate history as determined by the Board based on training, education, experience, professional credentials and/or proficiency skills suitable to the topic of instruction of which certification is being sought. Specific additional education or training will be required for the following designated special subject blocks:

a. Legal subjects - An applicant shall be a graduate of a law school or possess a qualification of substantial legal training and experience in the practical application of law to be certified to instruct legal subjects.

b. Firearms - An applicant shall have been trained in an acceptable firearms instructor course as determined by the Board to be certified to instruct firearms training

c. Police Driving - An applicant shall have been trained in an acceptable police driving instructor course as determined by the Board to be certified to teach police driving.

d. Emergency Medical Procedures - An applicant shall have been trained in an acceptable emergency medical procedures instructor course and an acceptable cardiopulmonary resuscitation (CPR) instructor course as determined by the Board to be certified to teach emergency first aid and CPR

e. Defensive Tactics - An applicant shall have been trained in an acceptable defensive tactics instructor course as determined by the Board to be certified to teach defensive tactics.

f. Physical Conditioning - An applicant shall have been trained in an acceptable physical conditioning instructor course as determined by the Board to be certified to teach physical conditioning.

Knowledge of Instruction - The applicant shall be cognizant of the methods of instruction and the aids available. Instructors must be able to clearly present the course material and meet the objectives outlined by the Board.

a. Instructor Training - All applicants must have completed a Board-approved instructor development training course of 40 hours or a comparable instructor course as determined by staff review. Persons with professional credentials recognized by the Board may be exempted.

b. Internship - The new instructor nominee will serve an internship wherein the nominating official will evaluate (BLEOST Instructor Evaluation Form) the nominee during actual instruction. The internship shall be at least two (2) hours in length and shall be conducted prior to certification. These evaluations shall be reviewed by the nominating official and forwarded to the Board along with the application.

c. Evaluation - The instructor shall be evaluated periodically by students on dimensions determined by the academy. Evaluations shall remain on file at the academy for a period of at least one (1) year.

d. Activity - All instructors shall remain active during their period of certification. If an instructor does not instruct in a Board approved curriculum during the period of his certification, his certification shall not be renewed.

B. Expiration - All instructor certifications expire three (3) years from the date issued. Individuals applying for renewal of instructor certification must complete a formal application for renewal. Applications must be submitted to the director of a Board- approved training academy. That individual will review the application and forward the endorsed application to the Board for its consideration. Each renewal certificate must meet the following requirements:

Reissuance will be based on submission of an updated application including:

a. The instructor must provide documentation that he/she has conducted training in a Board-approved curriculum during the certification period expiring.

b. The instructor must provide documentation of his/her continuing knowledge in the requested area of re-certification to the satisfaction of the academy director.

As with the professional certificate the instructor certificate remains the property of the Board. The possession and stewardship of the certificate is the responsibility of the sponsoring agency. The Board may revoke any instructor certificate upon a showing of just cause, which includes, but is not limited to:

a. Administrative error in issuance.

b. Falsification of any information on the application,

c. Failure to complete the prescribed internship,

d. Conviction or the entering of a plea of either guilty or nolo contendere, being fined, ordered into probation or pre-trial diversion in relation to a felony or a misdemeanor involving moral turpitude or a crime that is directly related to the duties and responsibilities of a law enforcement officer,

e. Mistreatment, abuse, or improper behavior involving a student,

f. Consistent failure to follow Board-approved training guidelines, learning objectives and lesson plans (where established),

g. And any other actions detrimental to professional law enforcement training.

Exemption from certification - In the event of exceptional emergency or other circumstances determined by the academy director a qualified non-certified instructor may be utilized; however, the non-certified instructor shall teach under the supervision of the nominating official. Facts explaining the utilization of the uncertified instructor shall be documented and maintained on file by the nominating official.

History - Adopted - 08/1984; rev - 01/1991, 08/2020

History

Source: Miss Code Ann. § 45-6-7

Chapter 14 Academy Accreditation

31 Miss. Admin. Code Pt. 301, R. 14.1 Purpose

This section establishes policy and procedures governing the standards and qualifications to be used to accredit training facilities for Board-approved law enforcement training.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 14.2 Policy

All academies present training in basic law enforcement, basic reserve or part-time law enforcement and/or basic refresher must be accredited by the Board to present that training. Any student who completes a course in an unaccredited facility after 1 January 2005 will not be certified.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 14.3 Procedures

An institution or facility operated for the purpose of training law enforcement officers or any officials covered by this act shall submit a formal application to the Board for review and approval. Training requiring Board-approval conducted prior to accreditation of the training facility shall not be Board certified. An institution making application for Board-approved training shall meet all the criteria stated in this section to ensure continuity among approved facilities.

A. Administrative Requirements

Administrative staffing - Accredited facilities must provide full-time minimal staffing as follows

a. Director of Training - Academies certified to conduct Board-approved law enforcement training shall designate a full-time, salaried employee who shall be responsible for actions of the facility. The Director's responsibilities will include at the minimum the following:

Scheduling and presentation of training programs,
Selection and training of staff,
And preparation, maintenance and timely filing of BLEOST reports and records.

b. Training- Officer - Academies certified to conduct Board-approved law enforcement training shall designate an individual (or individuals) who shall be responsible for assisting the Director of Training. The training officer must hold an instructor certificate as issued by the Board

c. Support Staff - Academies certified to conduct Board-approved law enforcement training shall designate adequate individuals to support all training activities and Board requirements.

Academy Policy and Procedures Manual - All accredited facilities must maintain an academy policy and procedures manual.

a. This manual should provide guidance to all staff of the facility in the following policy areas:

Admission and readmission or release to another academy,
Use and storage of firearms,
Use and storage of mock weapons
Hours of operation of the academy
Policy regarding class hours, breaks, etc.,
Policy regarding student conduct and classroom procedures
Classroom rules and regulations,
Dress and uniform regulations of staff and students,
Testing and grading procedures
Student code of conduct barring lying, cheating, stealing or tolerance of others who commit such acts, disciplinary hearing composition and procedures within the academy,
Policy for reporting absences
Policy for posting of class schedule, changing posted schedules, timely submission of schedule changes and assuring all items are rescheduled as needed.

b. The manual should provide emergency operation plans to cover accidents or mishaps concerning:

Firearms and firing range,
Driver training and driving range
Physical fitness and facilities
Medical,
Fire,
And natural disaster
Academy Records - Accredited facilities must provide documentation of all activities of Board-approved programs. Records shall reflect the entire period for which a Board-approved training program was conducted and shall when appropriate be prepared in advance of program.

a. Academy Administrative Record - All accredited facilities shall maintain an Academy Administrative Record to conduct Board-approved training programs. The Academy Administrative Record must contain the following information:

A copy of the “Academy Accreditation Application”, as submitted and approved by the Board on Law Enforcement Officer Standards and Training
The “Academy Accreditation Certification”
Copies of the BLEOST Monitoring Reports
A copy of the “Instructor Application” form on each instructor employed,
The “Instructor Certificates”,
A copy of the instructors' training records,
The “Performance Objectives” for all Board-approved training conducted at the facility.
Any revision to the “Performance Objectives’ shall be retained along with the original Performance Objectives (including the date of change),
And a copy of the written policy concerning the academy's procedure for the security of examinations

b. The Academy Administrative Record shall also contain a copy of the “Student Handbook”. The handbook should contain at the minimum the following information

The rules and regulations of the academy
The identification of the academy staff, their duties and responsibilities
A copy of the Law Enforcement Officer Training Program
The academic requirements,
The firearms requirements
The physical fitness requirements,
And any information for which the student will be held accountable

c. Class (School) Record - All accredited facilities shall maintain a Class Record for each Board-approved training program. The Class Record must contain the following information:

Class Schedule - giving specific hour of instruction, subject matter to be covered during the time period, and the instructor conducting the training. This schedule, list of instructors and new instructor applications must be submitted to and approved by BLEOST ten (10) working days prior to class being conducted, the schedule must be posted at the academy, any changes to the schedule must be submitted as they occur to the Board to include rescheduling of original items. A final schedule with all amendments shall be submitted within 10 working days after the end of the course.
Entrance roster of students and their agencies submitted to the Board within 10 working days of the class start and updated with entrance fitness scores and submitted 5 working days after the class start.
Master copy of all tests (answer key must be stored separate from test) that were administered to students in this class, include any performance testing documentation
Attendance record of students and explanation for non-attendance
A student who is absent for more than five percent (5%) of Board- approved training as a result of illness and /or emergency and/or required court appearance (s) and/or military duty may be dismissed without prejudice from the class. The academy director shall make this determination upon review of student's training record,
Completed copy of the “Course Curriculum Instruction Approval Form” which includes all learning goals and performance objectives used during this class. The instructor shall complete the form ensuring his/her compliance with the instruction of the required learning goals and performance objectives for class being conducted,
Final roster of students completing the class and their ranking copy submitted to the Board within 10 working days after the completion of the class
Written documentation of any student dismissal for conduct, failure or withdrawal from the academy. Documentation should include name, department, date, time, reason for dismissal or withdrawal and a copy submitted to the Board within 10 working days after completion of the class,
Copy of all correspondence to and from the Board on Law Enforcement Officer Standards and Training concerning this class,
Copy of "Student Handbook"
And student's evaluation of the program

d. Student Record - All accredited facilities must maintain a Student Record for each student attending Board-approved training. The Student Record must contain the following:

Copy of Board on Law Enforcement Officer Standards and Training “Training Packet”, received and reviewed prior to the start of any fitness activities and copy submitted to the Board within 5 working days after the start of the class.
Documentation of student's orientation to the “Student Handbook”,
Student's performance results on examinations, performance testing or any other means of evaluating the students capabilities, and copies of score sheets submitted to the Board and the agency within 10 working days after the end of the course,
Documentation of any and all counseling with the student while in attendance,
Copy of any disciplinary action taken against the student,
Authorization for student to take medication or for limited participation in structured program
Copy of documentation of injury or accident concerning the student
Copy of all correspondence between academy and student and/or department,
Authorization of student to be absent from class, and
Copy of all awards and certificates bestowed upon the student

e. Safety Requirements - All accredited academies are charged with the health and safety of all students while in training. Therefore, all academies shall comply with the following:

All full-time professional staff shall have current First-Aid and CPR certification
Every academy shall meet or exceed the fire and sanitation codes requirements of their locality
Every academy shall be inspected on an annual basis by the appropriate public health and/or safety officials
Every academy shall have a written emergency operation plan concerning
Firearms and firing range
Driver training and range
Physical training and facilities
Medical
Fire, and
Natural disaster.

B. Physical Requirements

Physical Facilities - It shall be the responsibility of the accredited academy to provide the following minimum physical facilities for training.

a. Office Areas - There shall be adequate, comfortable and dedicated areas for administrative duties of the staff to facilitate the administration of the Law Enforcement Officer Training Program,

b. Administrative Equipment

Dedicated telephone system
Means to reproduce written documents on-site, and
Additional office equipment as needed to perform common administrative duties

c. Record Storage Area

There shall be adequate space and method for storage of required academy records,
And this area must be secure and accessible by authorized persons only

d. Classroom Facility - Two (2) comfortable, well lit, classrooms dedicated to law enforcement training which will seat at least 25 adult students in each room. Students shall have desks, tables or other acceptable work areas in the classroom.

e. Audio-visual and other instructional equipment necessary to provide effective training must be dedicated to the law enforcement training facilities:

Overhead projector
16 mm projector

3 Projector screen

Transparency maker
Video-tape recorder, playback unit and monitor
Chalk/marker board at least 20 square feet (4' x 5'),

7 And additional training aids to conduct Board-approved courses (e.g., handcuffs, CPR mannequins, mock weapons, etc.)

f. Resident Housing (Residential Accreditation)

Student will be provided on site resident housing and twenty-four (24) hour supervision for basic course.
Resident housing shall consist of sleeping quarters, personal hygiene areas, day room and laundry room.
All necessary linen, etc will be provided by the academy
Resident housing shall be approved by the local fire authorities annually
Residential housing shall be inspected and approved by the public health department and/or other responsible authority annually.

g. Resident Dining (Residential Accreditation)

All meals will be provided to the students at the academy or on-site during field training exercises.
Students will be provided three meals each full day of training

3 Student meals must be reviewed and approved by a registered dietitian

Resident dining facilities shall be inspected by the public health department and/or other responsible authority annually

h. Reference Library

The academy shall provide a library for students to review reference materials concerning law enforcement subjects. 2 The library shall provide current state code reference materials, copies of landmark court decisions, current publications of law enforcement professional journals and additional text material determined appropriate by the academy director. 3. The library materials shall be made available to students through digital access. 4. The library shall be kept current with the latest material at all times.

i. Firearms (Range) Facility

The range shall have a bullet impact area, or berm, which is a minimum of fifteen feet high and of sufficient material to stop all bullets without ricochets. Berm must enclose three (3) sides of the range
The range shall have a minimum of twenty (20) firing positions and a range control tower of sufficient height to allow the range officer clear and unrestricted vision of all firing points and all areas within the confines of the berm.
The range shall have a public address system capable of transmitting instructions to all areas of the range, so that shooters on the firing line can hear commands while shooting with their ear protectors in place
There shall be a complete, industrial-type first aid kit with immediate accessibility to the students or instructors on the range.
Rest rooms and drinking water must be either available at the range or within close proximity to the range
There shall be telephone or radio communication immediately available to the range instructors
Signs warning, “SHOOTING RANGE - WARNING - KEEP OUT”, or similar warning shall be conspicuously posted around the perimeter of the range.
The range shall have clearly identifiable means to indicate when live fire is being conducted at the range
The range shall provide each student with ear and eye protectors while on the firing line. The academy shall determine under what circumstances wear is appropriate.

j. Driver Training Range

The driver training range area shall be not less than 100,000 square feet
The area shall be free of any utility poles, curbs, fencing or any traffic hazards.
The driving surface shall be of asphalt or concrete material
The driving area shall be level with no obstructions within twenty (20) feet of the edge of the track area.
The surface shall be smooth with no “pot holes” or severe cracks that would impede safe conduct of planned driving activities.
The driving range shall have appropriate support equipment. Example traffic cones, stop watches, etc.
There shall be a complete, industrial-type first aid kit with immediate accessibility of the students or instructors on the range.
The driving range shall have operational fire suppression equipment on- site or within close proximity to the driving range.
Rest rooms and drinking water must be either available at the range or within close proximity to the driving range.
There shall be telephone or radio communication immediately available to the driving instructors.

k. Physical Fitness Center

The Physical Fitness Center shall provide shelter from environmental elements
The Center shall be air conditioned in the summer and heated in the winter
The Center shall have ample protective material for use to prevent injury from contact with the floor or walls during scheduled training activity.
The area shall have adequate space for safe participation for a minimum of twenty (20) students.
There shall be a complete, industrial-type first aid kit with immediate accessibility to the students or instructors in or near the Physical Fitness Center.

C. Classification of Accreditation - An institution approved for Board-approved training will receive an academy classification as determined by the Board. Classification will be referred to as Residential, Non-Residential Full-time and Part-Time or Reserve

Residential

a. Meets all requirements stated in this procedure to conduct Board-approved training,

b. Certified to provide full-time or part-time basic and in-service law enforcement training on a continuing basis to any student to comply with the LEOTP,

Non - Residential Full-Time

a. Meets all requirements stated in this procedure to conduct Board-approved training, except for resident housing (Chapter-14, Procedures-1, Subsection- b, Paragraph-1, Subparagraph-f) and resident dining (Chapter-14, Procedures-1, Subsection-b, Paragraph-1, Subparagraph-g),

b. Certified to provide full-time or part-time basic, basic refresher and in-service law enforcement training on a continuing basis to any student to comply with the LEOTP.

Part-Time or Reserve

a. Meets all requirements stated in this procedure to conduct Board-approved training, except for resident housing (Chapter-14, Procedures-1, Subsection-b Paragraph-1, Subparagraph-f) and resident dining (Chapter-14, Procedures-1, Subsection-b, Paragraph-1, Subparagraph-g),

b. Certified to provide basic part-time or reserve, basic refresher and in-service law enforcement training on a continuing basis to any student to comply with the LEOTP,

D. Awarding and Maintenance of Accreditation - The Accreditation shall be awarded for a five-year period for all full time residential and non-residential facilities and two years for all part-time or reserve facilities. The Board may approve or disapprove accreditation based upon the following criteria:

Completion of application
Continuing compliance with accreditation requirements
Continuing quality of physical facilities
Continuing fiscal responsibility of applicant
Current training needs of the state as determined by the Board
And the evaluation of announced and unannounced compliance monitoring visits or additional data the Board may require to complete the accreditation process.

E. Revocation of Accreditation - The Board may decide to either revoke or not renew the accreditation of a training facility upon showing just cause or any action detrimental to professional law enforcement training. 1. Administrative error in accreditation

Falsification of any information on the application
Facility becomes inadequate
Academy is no longer required to meet the training needs of the state
Academy fails to correct, upon notification, any non-compliance with Board- approved training guidelines, rules or regulations,
Academy fails to make reports or falsely reports to the Board
When an academy fails to conduct one Board-approved basic law enforcement training course during the calendar year,
And any other action detrimental to professional law enforcement training

History - Adopted - 01/1991; rev - 10/1991, 09/2004, 11/2004, 05/2013, 09/2015 and 03/2017

History

Source: Miss Code Ann. § 45-6-7

Chapter 15 Official BLEOST Forms

31 Miss. Admin. Code Pt. 301, R. 15.1 Purpose

This chapter provides examples of forms and instructions for completion and submission of forms.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 15.2 Policy

The agency head is responsible for insuring timely compliance with the Board on Law Enforcement Officer Standards and Training requests for information. Incomplete or illegible forms will be returned. Failure to comply will result in the agency being placed on administrative hold. The Board director relies on the information contained on Board forms as the basis for recommendations for certification and implementation of the requirements of the Law Enforcement Officers Training Program.

Warning: MCA § 97-7-10 “Fraudulent Statements and Representations” provides for severe penalties for misrepresentations or fraudulent statements made to a Board. This statute authorizes a fine of up to ten thousand dollars ($10,000.00) and a jail sentence of up to five (5) years. Further, the Law Enforcement Officers Training Program authorizes the Board in MCA § 45-6-11 (7) to cancel and recall any certificate obtained through misrepresentation or fraud.

History

Source: Miss Code Ann. § 45-6-7

31 Miss. Admin. Code Pt. 301, R. 15.3 Procedures

All employing agencies included under the LEOTP as described in this manual shall follow these steps in submitting required forms:

A. “Full-Time and Part-Time Law Enforcement Application for Certification and Background Investigation Review” - This form is required to be completed and submitted to Standards and Training within thirty days from the date of hire for all law enforcement officers or upon the request of the Board. The part-time form is the mirror of the full-time form with the exception of two watermarks proclaiming PART-TIME on each page of the form and the modification of the language of the form. Complete Parts I, II and III of the “Law Enforcement Application for Certification and Background Investigation Review” form for each newly hired full-time, part-time, reserve, or auxiliary law enforcement officer/trainee.

Part I is to be completed as follows:

a. Items 1, 2 and 4 through 8 are for departmental and applicant identification information. Item 3 should reflect the applicant’s most recent date of hire as either a full-time, part-time, reserve, or auxiliary law enforcement officer as applicable.

b. Item 9 should reflect the applicant’s certification status and if applicable the officer’s certification number should be entered in the space provided for item 10.

c. Item 11, Education - should be completed and verified as to the number of years of formal education, diplomas and degrees held by the applicant.

d. Item 12, Employment Record - List all past employment that has been held by the applicant, beginning with the applicant’s most previous employment and working back. Include the name of the employer, the position held, the city and state where employed, and the dates of said employment. This information must be verified by the employing agency as a part of the background investigation. The Board staff will also verify employment data by cross checking agency rosters.

e. Item 13, Training Record - List all law enforcement training consisting of eighty (80) hours or more that has been successfully completed by the applicant. Copies of the certificates of completion and any other documentation available, such as a course curriculum, must accompany the “Law Enforcement Application for Certification and Background Investigation Review” form

Part II is to be completed as follows:

a. This portion of the form must be completed by the applicant. Part II attests to the satisfaction of the employment guidelines for a law enforcement officer. Any of the questions, items 1 through 10, that are answered “yes” must be explained to the Board. The explanation must be typed or printed in ink, signed and dated by the applicant and include all related court documents. All crimes must be reported, to include alcohol and drug related offenses. The only exceptions to this requirement are traffic offenses, excluding alcohol and drug related offenses, where the fine is less than one hundred dollars ($100.00) and where the applicant has had fewer than four (4) traffic offenses within the preceding twenty-four (24) months. All traffic offenses involving drugs or alcohol are to be reported regardless of the fine. The Board reserves the right to require explanations of other items as appropriate.

b. The applicant must sign and date the “Law Enforcement Application for Certification and Background Investigation Review” form, Part II, before a notary public.

Part III is to be completed as follows:

a. This part of the application must be completed by the head of the agency/department or someone with authority to sign in his or her name.

c. Each procedure must be initialed by the agency head to indicate the completion of said procedure. All the procedures are required to be completed with the possible exception of procedure number 4. If procedure number 4 (i.e., reviewing military discharge forms on an applicant that has not served in the military) is not applicable to the officer in question enter N/A in the space provided.

d. The “Law Enforcement Application for Certification and Background Investigation Review” form, Part III, must be signed and dated by the agency head, or someone with authority to sign in his or her name, before a notary public. Where the applicant is also the agency head or designated alternate, Part III of the form must be signed by the applicant's supervisor.

B. “Full-Time Law Enforcement Roster” - This form is simply a roster of all full-time law enforcement officers employed by an agency. The form will be sent to all agencies a minimum of once a year. It is to be completed and returned to the Board within thirty days. The names, social security number, position, date of employment and certification number of all full-time law enforcement officers as defined in this manual are to be listed. For agencies required to report in-service training, the year to date training hours must be listed in the appropriate column. The form must be signed by the agency head or authorized designee. A negative report is required. Therefore if an agency no longer employs full-time law enforcement officers, simply indicate by printing "none” on the form, then sign and return the form.

C. “Part-Time Law Enforcement Roster” - This form is simply a roster of all part-time, reserve, or auxiliary law enforcement officers employed by an agency. The form will be sent to all agencies a minimum of once a year. It is to be completed and returned to the Board within thirty days. The names, social security number, position, date of employment and certification number of all part-time, reserve, or auxiliary law enforcement officers as defined in this manual are to be listed. For agencies required to report in-service training, the year to date training hours must be listed in the appropriate column. The form must be signed by the agency head or authorized designee. A negative report is required. Therefore if an agency no longer employs part- time law enforcement officers, simply indicate by printing "none” on the form, then sign and return the form.

D. “Termination/Reassignment Report” - This form shall be used when a full-time, part- time, reserve, or auxiliary law enforcement officer ends a period of employment.

The form shall be used to document the date of departure from a law enforcement position for all individuals, regardless of their certification status. The form has spaces for the date of termination and certification status. The form also provides several choices for a description of the type of termination. An explanation of the circumstances surrounding any officer that is discharged or resigns pending investigation of disciplinary action should accompany this form. Further action such as a revocation of the officer's certificate may be required. It is the responsibility of the agency head to inform the Board when an officer no longer meets state standards.
A “Termination/Reassignment Report” for certified officers must be accompanied by the original certificate. The form must be signed and dated by the agency head or authorized designee.

E. “Request for Information & Training Notification” This form shall be used by the BLEOST staff to solicit information on the officer(s) named within the form, and to give notification, if applicable, to the employing agency of training which will be required in order to certify the named officer(s).

F. “Academy Remedial Exit form”. This form is to be used by the academies when a trainee does not successfully complete a skill area.

This form must be completed by both the trainee’s instructor or the academy director and the trainee prior to the trainee’s departure from the academy.
Also, the trainee’s agency head (or designated signee) must complete and sign the section concerning the trainee’s remediation while away from the academy prior to the trainee being allowed to return to the academy for retesting.

G. “Full-Time, Part-Time, and Refresher Law Enforcement Basic Training Packet” - The training packets consists of forms and documents that must be submitted through the academy to the Board. These forms contain specific information used for certification purposes along with information needed by the academies to perform their mission. It is critical that all blocks on this form are completed. Where a block is not applicable, annotate the form with N/A (not applicable) or other appropriate notes.

Memorandum - This page contains an introduction to the contents of the training packet, its purpose and procedures for the completion and disposition of each section of the training packet.
Information for the Physician - These two pages contain information on the duties and working conditions that a law enforcement officer is likely to encounter and the

physical fitness requirements that must be met in order to enter and successfully complete basic training.

Medical Examination Report - This section of the training packet consists of two parts. The first part includes the “Health Questionnaire” to be completed by the law enforcement applicant. The second part contains the “Physical Fitness Examination” to be completed by the attending physician. All items in the physical examination section must be marked, and the EKG results must be noted. The “Physician’s Affidavit” must be completed by printing or typing the physician’s name and by having the physician sign and date the affidavit in the appropriate spaces.
Applicant NCIC Report, Verification of High School/GED Completion and First Aid/CPR Certification - Attach a copy of the applicant’s NCIC report, a copy of the High School Diploma/GED and First Aid/CPR Certification.
Salary Information - This section contains a brief summary of the reimbursement procedures and must be completed and submitted along with the training packet. The staff must have accurate salary information in order to calculate reimbursements.
Law Enforcement Agency’s Affidavit - This section must be signed by the head of the agency/department or someone with authority to sign in his/her name. There must be a letter on file, at this office, stating specifically who has the authority to sign in the department head’s name. This letter will have to be authorized by the head of the said agency/department. Print in ink or type the designee’s name, have the designee sign and date the affidavit in the appropriate spaces.
Applicant’s Affidavit & Injury Liability Waiver - This section must be read and signed by the applicant trainee. The applicant must sign and date the affidavit and liability waiver in the appropriate spaces.
Application for Training and Personal Information Summary - The portion of the training packet must be completed to supply general information required for identification and other purposes. Again, every block must be completed or marked N/A (not applicable). A photograph of the applicant must be included. The applicant's photograph must be a recent picture of such clarity and finish as to allow immediate identification of the applicant.

H. Law Enforcement Course Certification Request - This form is used to request approval from BLEOST to conduct in-service training courses. The Course Certification Request form is to be completed and submitted by the course coordinator to BLEOST at least two-weeks prior to the course being conducted.

I. Law Enforcement Course Evaluation Instrument - This form must be completed by all course attendees and returned to BLEOST. This questionnaire is a primary means used by BLEOST to gather information to assist in maintaining high quality courses.

J. Law Enforcement Course Roster - The Course Roster form is to be completed and submitted by the course coordinator to BLEOST within ten working days following completion of the course.

History - Adopted - 04/1988; rev - 10/1991, 04/1997, 08/1997, 01/1998, 11/2004, 07/2008, 11/2008, 07/2013, and 09/2018

History

Source: Miss Code Ann. § 45-6-7

BOARD ON JAIL OFFICER STANDARDS AND TRAINING BOARD ON JAIL OFFICER STANDARDS AND TRAINING

Part 101 Professional Certification Policy and Procedures Manual

31 Miss. Admin. Code Pt. 101, R. 1.1 Definitions

Herein are defined certain terms used in these Policy and Procedures. 1. Administrative Hold - Shall mean the withholding of all training funds and certification certificates due to non-compliance with Board policy or official requests for information. 2. Board - Shall mean the Board on Jail Officer Standards and Training. 3. Board Director - Shall mean the Director of the Office of Standards and Training. 4. Break in Service - Any period of time when an individual is not a detention officer as defined in this policy. 5. Certificates - Shall mean certificates issued only to fully qualified detention officers. 6. Certified - Shall mean the Board has acknowledged that all requirements mandated by this policy and the Jail Officers Training Program have been achieved and that a certificate has been issued as documentation of the same. 7. Chief of Police/Sheriff - Shall mean the chief law enforcement officer of the municipality/county, who shall have control and supervision of all detention officers employed by the municipality/county. The officer in charge of detention officers, regardless of title, is acting as the Chief of Police/Sheriff. 8. Criminal Record - Shall mean any type of felony or misdemeanor conviction. Criminal Records that are specific and directly related to the duties and responsibilities of a jail officer may only be considered when evaluating applicants. Factors to determine disqualifying criminal convictions are: the nature and seriousness of the crime for which the individual was convicted; the passage of time since the commission of the crime; the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of a jail officer; and any evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation. 9. Employment Standards -All detention officer applicants must meet the following guidelines to be employed as a detention officer. They must be at least eighteen (18) years of age; be a high school graduate (or obtain a General Educational Development (GED) Diploma); be a United States citizen; be of good physical and mental condition, capable of performing the duties, under conditions inherent to the profession, as verified by a licensed physician, and be of good moral character as evidenced among other things by having neither a conviction, a plea of guilty, a plea of nolo contendere, probation, pre-trial diversion or the payment of any fine for a felony or a misdemeanor involving moral turpitude. Individuals must have been discharged from the Armed Forces under honorable conditions. Fitness for service as it relates to moral character must be verified by an appropriate

background investigation. 10. “Grand-fathered” or exempt detention officers – Shall mean full-time detention officers already serving under permanent appointment on January 1, 2000, shall not be required to meet certification requirements of this section as a condition of continued employment; nor shall failure of any such jail officer to fulfill such requirements make that person ineligible for any promotional examination for which that person is otherwise eligible. If any jail officer certified under this chapter leaves his employment and does not become employed as a jail officer within two (2) years from the date of termination of his prior employment, he shall be required to comply with board policy as to rehiring standards in order to be employed as a jail officer. 11. Lateral Transfer - A transfer by a certified detention officer to a different law enforcement agency. 12. Detention Officer Employer - Shall mean the agency which employs the detention officer. 13. The Board on Jail Officer Standards Detention Officers – The Board on Jail Officer Standards and Training, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of jail officers, including education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of jail officers, and the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time jail officers to essentially the same standards and requirements as jail officers. The board shall develop and implement a part-time jail officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved by the board for full-time jail officers. 14. Detention Officer Trainee - Shall mean any person appointed or employed in a full-time or part-time capacity by the state or any political subdivision thereof for the purposes of completing all the selection and training requirements established by the board to become a detention officer. 15. Moral Turpitude - Any conduct, or pattern of conduct, contrary to justice, honesty, honor, modesty, or good morals that would tend to disrupt, diminish, or otherwise jeopardize public trust and fidelity in law enforcement.

Probationary Period - A period of two years from the initial date of hire as a detention officer trainee, in the original appointment. The probationary period cannot be enlarged by additional or multiple appointments. Individuals acquire an additional two-year period following a break in-service of more than two years.

History

Source: Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

Chapter 2 Applicant Evaluation, Employment and Certification Procedures

31 Miss. Admin. Code Pt. 101, R. 2.1 Purpose

This section establishes policy and procedure for certification of detention officers.

History

Source: Miss Code Ann. § 45-4-9

31 Miss. Admin. Code Pt. 101, R. 2.2 Policy

The board shall certify as detention professionals those persons who meet the employment guidelines established in accordance with Mississippi Code as Annotated Section 45-4-9.

A. Certification under the Jail Officers Training Program (ETTP) is limited by law to detention officers only. A detention officer is defined as any person who is:

Appointed or employed full-time, part-time, reserve, or auxiliary by the county or municipal political subdivision,
And whose primary responsibility is the custody, care, and control of inmates in a county or municipal juvenile or adult detention facility.

B. Detention facility shall mean any juvenile or adult lock-up or holding facility where a person or persons are placed after being arrested or detained for the purposes of awaiting court action or are serving time as administered by the court.

C. Detention officers already serving under permanent appointment on 1 January 2000 are not required to meet any of the provisions of the detention officer program.

This exclusion from the requirements of the detention officer program is valid so long as the eligible officer does not have a break in detention employment of more than two years. If an officer who is grandfathered under the program leaves employment as a detention officer and does not become a detention officer within two years, the officer will be required to meet all the requirements of the Act.

D. All detention applicants with the noted exception in paragraph (C) above must meet the following guidelines to be employed as a detention officer:

Be at least eighteen (18) years of age,
Be a high school graduate or obtain a GED. High School graduate is defined as graduating from a secondary school in an accredited school district having earned the required Carnegie units and successfully completed any and all subject area testing as specified by the Mississippi Department of Education in the year the diploma was awarded.

a. Accredited schools include those accredited by the Departments of Education from each State, the Private School Association from each State, the Association of Christian Schools International, the Southern Association of Colleges and Schools (SACS) or one of the six regional bodies of the Association of Colleges and Schools.

b. If an applicant has not obtained a high school diploma from an accredited school, the applicant must obtain a GED through the Mississippi Department of Education or obtain an equivalent score on a GED test administered by the American Council on Education.

c. Applicants may provide a standardized test score on the ACT of 18 or higher in lieu of a GED score.

Be a United States Citizen,
Be of good physical and mental condition, capable of performing the duties, under conditions inherent to the profession, as verified by a licensed practitioner,
Be of good moral character as evidenced among other things by having neither a conviction nor a plea of guilty or nolo contendere, probation, pre-trial diversion, or payment of any fine for a felony or a misdemeanor involving moral turpitude. Individuals discharged from the Armed Forces must have served under honorable conditions and not been removed from the service under a dishonorable or bad conduct discharge. Fitness for service as it relates to moral character must be verified by an appropriate background investigation.

E. Individuals who meet both the definition for a detention officer in (A) above and who meet the minimum employment guidelines are eligible to be employed as a detention officer.

Such officers must successfully complete prescribed training and obtain certification within two years from their date of hire. Prior to entering the prescribed training course, officers must complete CPR/First Aid training. Documentation of CPR/First Aid Certification must be provided to the Training Facility.

a. Officers assigned to work in an adult detention facility are required to complete the Standardized Detention Officer Course.

b. Officers assigned to work in a juvenile detention facility are required to complete the Standardized Detention Officer Course and the Extended Course Component for Juvenile Officers.

c. Officers working in both adult and juvenile detention facilities must complete training in both training programs.

Note: Although the statute provides up to two years from the date of hire and under certain limited conditions individuals may lawfully serve beyond the two- year period, agencies should adopt policies to provide training as soon as possible, preferably prior to the assignment of any detention duties. Detention administrators are responsible for providing adequate and appropriate training to reduce the potential risks of conduct which could result in a violation of someone’s civil rights, injury, or death. Failure to do so has been construed by the courts as being deliberately indifferent.

The two-year probationary period begins upon the initial date of hire as a detention officer. Individuals who begin employment with an agency in a non-detention position such as a dispatcher must report the effective date of their transfer to a detention position as their initial date of hire.
The two-year period is cumulative in nature and cannot be enlarged by additional or multiple employments. If an officer transfers from one department to another department prior to obtaining certification, the total time served will count toward the two-year period. For example, if an officer began employment and quit after three months, the officer would have twenty-one months remaining upon subsequent employment. The full two-year period may only be reinstated upon a break in service to two years or more.

F. The program makes no provision to waive, enlarge, or extend the two-year period nor does the Act authorize the Board on Jail Officer Standards and Training (BJOST) to waive, enlarge or extend the two-year period. However, the Act does provide that any person, who, due to illness or other events beyond his/her control, could not attend the required school/training as scheduled, may serve with full pay and benefits in such a capacity until he/she can attend the required school/training. 1. To qualify as being eligible to continue receiving pay beyond the two-year period, individuals generally must have met all selection criteria upon employment and in particular must have been able to meet the physical fitness guidelines as determined by a licensed practitioner.

Applicants must have been scheduled to attend a specific basic course by name and accepted for enrollment in a course which would have satisfied the two-year requirements. Once it is determined that an officer cannot complete the course as scheduled, the hiring agency must provide written documentation that fully describes the event which prevents the student from successfully completing the course. The written documentation must include adequate documentation that the event was indeed beyond the student’s control. A student’s dismissal from the training program due to misconduct or failure to meet the academic/training standards would not

constitute an event beyond that student’s control. Illness injuries or other events which could be reasonably avoided would not excuse a student’s failure to achieve the training standards. Events, which are precipitated by a student’s negligence, misconduct, or illegal activity, will not be considered as “beyond the Student’s control”. For example, a vehicular accident in which the student operator was found to be operating the vehicle in a willfully reckless fashion or under the influence of intoxicating substances would not be beyond that student’s control as such events can be readily avoided.

Any such event which prevents a student from completing the course as scheduled must be temporary in nature. Applicants must have reasonable potential to recover from the illness, injury or other event and make a reasonable effort successfully complete the training course. In any case, applicants must complete the training within two years from the date of their illness or injury or be reevaluated as to their ability to meet the physical fitness employment guidelines. Such evaluations will be conducted in accordance with the Board’s policy on recall or cancellation of certificates. In addition to those procedures, applicants must submit a Board- approved medial examination dated within six months of the review hearing.
Events precipitated by natural disaster, civil disturbance, war or acts of God which would reasonably interfere with the normal conduct of detention activities within a political subdivision or disrupt the detention training programs of the state would enable an applicant to continue to serve and receive salary as a detention officer.
Agencies must make every reasonable effort to provide training to their officers and adopt policies which ensure that their officers complete the prescribed training requirements within the two-year period. Agencies which fail to provide adequate funding or other appropriate resources to ensure compliance with the program will not be eligible to continue the service of officers who have not completed the training requirements within the two-year period.
Should the State fail to provide adequate resources or funding to enable each officer to complete the required detention training within the two-year time limit, agencies may continue to employ such officers until they have the opportunity to complete the next available training program.
The Board staff shall review the facts and circumstances for each instance where an applicant’s department requests to continue service beyond the two-year period. The staff shall determine whether the applicant was eligible to be employed as a detention officer, whether the applicant was scheduled to attend a basic course within the two- year period, whether the injury, illness or other event was beyond the control of the applicant and whether the situation will be temporary or permanent in nature.

G. The detention officer program makes provision to penalize agencies who employ officers without obtaining certification beyond the two-year period. These

penalties include a loss of powers and authorization to receive a salary. To avoid these penalties, agencies should consider all contingencies in the planning of the evaluation, employment, and training of their personnel.

History

Source: Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

31 Miss. Admin. Code Pt. 101, R. 2.3 Procedures

All detention employers shall follow these steps in the employment and certification of detention officers.

A. The employing agency must evaluate each detention applicant to ensure each applicant meets the minimum employment criteria prior to employment. This evaluation must include the following:

A complete background investigation. This investigation is a critical factor in determining whether detention applicants meet the requirements established under this program. The primary purpose of the investigation is to provide the detention employer with enough factual information to determine if a particular candidate would ensure the continued public trust in the competence and reliability of the department.
The submission of the applicant's fingerprints to the Criminal Information Center of the MS Department of Public Safety (DPS/CIC) as a part of the background investigation.

Do not send fingerprints to the Board or to any of the academies. None of these agencies will forward your applicant’s prints.

A review of the official Certificate of Release or Discharge from Active Duty, DD Form 214 for all applicants who have military service.
A review of appropriate official documents to certify successful completion of high school or of the General Educational Development (GED) Testing program.
A review of appropriate official documents to certify age and citizenship.

Criminal Information Center/MJIC Department of Public Safety “Fingerprints” 3891 Highway 468 West Pearl, Mississippi 39208 Telephone # - (601) 933-2600; Fax # - (601) 933-2676

A medical and psychological review completed by a licensed practitioner. Please note that the medical evaluation is valid for six months.
A review of appropriate documents to verify current certification status for those applicants transferring from another detention agency or jurisdiction.
Officers who transfer from another Mississippi detention agency with a valid certificate (with a break in-service of less than two years) must continue to meet all the minimum employment standards. Therefore, agencies must conduct a background investigation and medical/psychological exam of all applicants to include those officers who may already hold certification.

B. Once the employer has verified all the minimum employment standards and has employed the candidate, the employing agency shall create and maintain an individual personnel file containing a release of information form signed by the applicant, documentation of the aforementioned minimum employment specifics, and documentation of the background investigation and the medical exam (i.e., official diplomas, birth certificate, DD Form 214, naturalizations forms, FBI fingerprint report, etc.). The individual personnel file shall be maintained by the agency as long as the named officer is employed as a detention officer within the agency. The agency head shall readily make the contents of the file available to the BJOST upon receipt of a written request.

C. Detention agencies must notify the Board on Jail Officer Standards and Training (BJOST) within thirty days of the date of hire of any full-time, part-time, reserve, or auxiliary detention officer. This notification shall be via a “Detention Application for Certification and Background Investigation Review” form, Parts I, II and III. The Board will use this form to determine if the applicant meets the minimum employment and training standards required for certification.

Warning: MCA § 97-7-10 “Fraudulent Statements and Representations” provides for severe penalties for misrepresentations or fraudulent statements to a Board. This statute authorizes a fine of up to ten thousand dollars ($10,000.00) and a jail sentence of up to five (5) years. Further, the JOTP authorizes the Board in MCA § 45-4-9 (5)(b) to cancel and recall any certificate obtained through misrepresentation or fraud.

The agency head is responsible for conducting a background investigation. The investigation should reveal whether the applicant is a “grand-fathered” officer, a certified officer or an officer who has not obtained certification in Mississippi.

a. The “Detention Application for Certification and Background Investigation Review” form, Parts I, II, and III shall be submitted for either officers who have not obtained certification in this state or officers who have had a break in service of two years or more. Part II of this form must be signed and dated by the applicant. Part III of this form must be signed and dated by

the agency head or an authorized designee. Both Parts II and III must be signed and dated before a notary public.

b. Agency heads must designate persons to sign BJOST forms in writing. Such authorizations shall be submitted to the Board.

c. If the applicant for certification is the agency head, (i.e., Sheriff, Chief or director) forms must be signed by the next individual in the chain of command such as a county supervisor or mayor.

To obtain credit for completion of basic training, agencies must submit appropriate documentation with the “Detention Application for Certification and Background Investigation Review” form. Appropriate documentation shall consist of a copy of a training certificate, a score sheet or a letter authenticated by an academy official. Credit may also be granted for completion of an advanced training course such as the National Institute of Corrections or American Academy of Corrections.
In all cases, the employing agency must submit Parts I, II and III of the “Detention Application for Certification and Background Investigation Review” form thirty days whenever any individual is employed as a detention officer. Part II lists questions with a choice of “yes” or “no” answers and contains a statement to be signed and dated by the applicant. Part III lists procedures to be initialed, to signify completion, by the head of the agency/department or his/her authorized signee and contains a statement to be signed and dated by the agency head or the authorized signee. Both Parts II and III must be signed and dated before a notary public.

a. Any of the questions in Part II, items one (1) through ten (10), that are answered “yes” must be explained in writing to the Board. The explanation must be typed or printed in ink on separate 8.5 x 11 sheets of paper, signed and dated by the applicant and include all related court documents. All crimes (regarding questions 4 and 5) must be reported. The only exceptions to this requirement are traffic offenses where the fine is less than one hundred dollars ($100.00) and where the applicant has had fewer than four (4) traffic offenses within the preceding twenty-four (24) months (excluding drug or alcohol related offenses).

c. All other types of offenses are crimes and must be reported, regardless of the fine, pleas entered, or the adjudication status. This would 9nclude but is not limited to cases that are non-adjudicated, nolle prossed, dismissed or acquitted.

d. Explanation of crimes or related matters should include the date of the offense and the status of the case.

Agencies must submit a “Detention Application for Certification and Background Investigation Review” form, Parts I, II, and III and an explanation for any answers of “yes” in Part II. Agencies should also submit documentation of basic training if applicable. No other forms or documents should be sent to the Board unless requested by the staff in writing. Other diplomas, in-service training certificates, birth records, fingerprint cards etc. should be retained in the agency personnel file.

D. The Board Certification Section shall review each set of forms submitted to the Board. The Certification Section:

Shall determine that all appropriate forms are included.
Shall analyze each document to verify certification specifics which the Board must consider in accordance with established policy and procedure.
Shall determine the Certification Status of each applicant;

a. Eligible for exclusion (‘grand-fathered”) under 45-4-9,

b. Eligible for transfer of current certification to another detention agency (break in service of less than two years),

c. Eligible for certification after successful completion of a Board-approved basic training course or a recognized equivalent,

d. Or not eligible for certification.

Shall communicate with the employing agency in writing to clarify information as needed and to inform the agency of the applicant's certification status.
Shall track progress toward completion of assigned training of all applicants.

F. Individuals aggrieved by the actions of the BJOST staff may request to present their request before the Board at a regularly scheduled meeting. Such requests must be presented to the staff in writing not later than 10 working days prior to the next regularly scheduled Board meeting.

96-HOUR STANDARDIZED DETENTION OFFICER COURSE

Subject Hours

Introduction & Course Overview ................................................................1 a. Welcome & course overview b. Student introduction c. Overview of learning tasks & materials d. Role of Mississippi DPS e. Role of the Sheriff & Jail Administrator f. Basic goals & purpose for jails in criminal system
Communication Principles & Techniques .................................................12 a. Written documents, orders, & verbal instructions b. Policies & procedures 1 c. Inter-personal communications 2 d. Breaking down inmate language barriers
Inmate Supervision Principles & Techniques .............................................8 a. Control and safety of inmates b. Officer safety principles c. Levels of supervision d. Guidelines for effective supervision of inmates e. Discipline and control guidelines f. Visitation control
Jail Security Issues ......................................................................................8 a. Keys and locking systems b. Cell search c. Security checks d. Contraband control e. Monitoring & surveillance

96-HOUR STANDARDIZED DETENTION OFFICER COURSE (Cont.)

Subject Hours

Use of Force & Basic Defensive Tactics.............................................. 14 a. Legal framework for use of force b. Understanding & applying continuum of force c. Countermeasures d. Intervention options e. Escorting inmates f. Compliance holds g. Take down h. Inmate searching techniques i. Cuffing & restraints j. Documenting use of force
Admissions & Releases of Inmates ................................................... 8 a. Medical clearance b. Health screening c. Booking procedures d. Classification e. Searching & dressing out (including strip searches) f. Release
Special Needs Inmates ....................................................................... 8 a. Inmates undergoing a crisis situation b. Mentally ill c. Detoxification d. Suicide prevention principles & application e. Administration segregation
Health Care Issues .......................................... ................................... 4 a. Legal responsibility to provide health care b. Initial health screening c. Secondary screening d. Sick call management Chronic disease issues overview 3 Communicable disease issues overview 4

96-HOUR STANDARDIZED DETENTION OFFICER COURSE (Cont.)

Subject Hours 9. Responding to Medical Emergencies ..........................................................4 a. Ethical considerations b. Legal responsibility when responding to emergencies c. Guidelines for medical emergency response

Report-Writing ............................... ........................................................ 4 a. Basic documentation principles and guidelines b. Effective report writing c. Practical exercises
Legal Issues for Jails ...................... ..........................................................4 a. Jail liability b. US Constitutional Issues under 42 USC §1983 c. Mississippi Constitution & the law d. Case law update e. Practical application of the law by jailers
Fire and Other Emergency Procedures ......................................................8 a. Evacuation of inmates b. Fire prevention guidelines in jails 5 c. Fire drills and basic fire fighting 6 d. Inmate disturbances & riots... e. Natural disasters
Dealing with Inmate Con Games .............. ...............................................4 a. What inmates know & do b. Businesses run in jail c. Detecting & controlling inmate games
Stress Management for Officers ................... ............................................2 a. Managing your time b. Sharing the load c. Leaving it all behind when you go home d. Basic stress management guidelines & techniques

96-HOUR STANDARDIZED DETENTION OFFICER COURSE (Cont.)

Subject Hours

Jailer Responsibilities & Ethics ................................................................ 2 a. Ethical behavior in jails b. Being a role model c. Officer vulnerabilities d. The officer at risk
Scenarios & Practical Application Exercises 7 ..............................4
Closing Comments, Critique, & Graduation ..................................1

TOTAL ...........................................................................................................96

Importance of having and following such important documents as policies, procedures, and lawful instructions 2. Based on the Interpersonal Communications Skills Program developed by National Institute of Corrections. Emphasis is on Total Participant Involvement 3. Includes such topics and issues as diabetes, epilepsy, respiratory issues, etc. 4. Includes such topics, issues, and practical exercises in dealing with AIDS, HIV, TB, MRSA, etc. 5. Includes such topics, issues, and practical exercises as ignition & fuel control. 6. Includes instruction and practical exercises in extinguishing fires, use of self-contained breathing apparatus. 7. Exercises designed to allow students to handle scenarios that they are likely to handle in the jail. There are preplanned exercises for the instructors to choose from or the academy can design some of their own.

24-HOUR EXTENDED COURSE COMPONENT FOR JUVENILE OFFICERS

Subject Hours

Understanding Adolescent Behavior ....................................................... 8 a. The troubled teen b. Juvenile corrections vs. adult corrections c. Officer & mentor role for officers
Juvenile Legal Issues ............................................................................... 4 a. Practical differences between adult and juvenile inmates b. Mississippi laws c. Juvenile programs
Supervising Juveniles ................................................................................7 a. Classification & placement considerations b. Periods of risk c. Active patrolling d. Communications with detainees
Scenarios, Application of Knowledge & Skills 8 ................................... 4
Closing Comments, Critique, & Graduation ....................,,,,,,,,,............... 1

TOTAL .........................................................................................................24

Exercises designed to allow students to handle scenarios that they are likely to handle in a juvenile detention setting. There are preplanned exercises for the instructors to choose from or the academy can design some of their own.

History - adopted – 05/2001; rev – 06/2004, 07/2006, 10/2007 and 05/2009

Duties and Working Conditions Encountered by Detention Officers

Every detention officer employed by a detention facility must be examined by a licensed practitioner. The practitioner's report must conclude that, in the opinion of the practitioner, the applicant has the ability to physically perform the duties of a detention officer.

The duties of a detention officer include, but may not be limited to, performance of the following physical activities:

1.Handcuff Prisoners 13. Standing 25. Hearing Alarms 2.Administer First Aid 14. Standing- Long Periods 26. Hearing Voice Conversation 3.Rescue Operations 15. Kneeling 27. Color Identification 4.Lifting & Carrying 0-70 lbs. 16. Twisting Body 28. Close Vision 5.Subdue Prisoners 17. Pushing 29. Far Vision 6.Pursue Suspects 18. Pulling 30. Side Vision-Depth Perception 7.Walking-Lateral Mobility 19. Running 31. Night Vision 8.Walking Rough Terrain 20. Sense of Touch 32. Maintaining Balance 9.Bending 21. Reaching 33. Finger Dexterity 10.Stooping 22. Gripping Hands / Fingers 34. Speaking 11.Crouching 23. Climbing Stairs 12.Sitting 24. Climbing Ladders Working conditions for detention officers may include, but may not be limited to, the following:

Exposure to the Sun 13. Exposure to Noxious Odors 25.Working with Mental Patients 2. Exposure to Inside 14. Work on High Ladders 26. Working Night Shifts Temperature Extremes 15. Working in Remote 27. Working Day Shifts 3.Exposure to Outside Locations 28. Working Weekends Temperature Extremes 16. Wearing Helmets 29. Exposure to Tobacco Smoke 4.Dampness 17. Wearing Safety Glasses 30. Exposure to Other Smoke 5.High Humidity 18. Wearing Chemical- 31. Working at High Elevation 6.Noisy Work Areas Resistant Clothing 32. Working with Mentally 7.Work at Heights 19. Wearing Rubber Boots Retarded Persons 8.Work in Confined Space 20. Exposure to Bee Stings 33. Providing Remote 9.Work in Crowded Areas 21. Exposure to Poison Oak Emergency Medical 10.Working Alone 22. Exposure to Dust or Pollen Assistance 11.Work with Inmates 23. Exposure to Fumes 12. Exposure to Intense 24. Working Long Hours Light

History

Source: Miss Code Ann § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

Chapter 3 Professional Certificates

31 Miss. Admin. Code Pt. 101, R. 3.1 Purpose

This section establishes policies and procedures governing professional certificates.

History

Source: Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

31 Miss. Admin. Code Pt. 101, R. 3.2 Policy

Vested by law with ownership of and full responsibility for detention officer’s certificates, the Board's policy is to ensure that certificates are issued only to fully qualified detention officers and revoked when appropriate and that all certificates are accounted for at all times. The law specifies that any certificate for a detention officer issued as a result of the Jail Officer Training Program is the property of the Board. Although the certificate is issued in the name of the individual detention officer, the Board shall place the certificate in the stewardship of the employer and shall retain the right to require return of the certificate to the Board. The employer shall not transfer a certificate issued by the Board to any person or agency except through the Board director.

History

Source: Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

31 Miss. Admin. Code Pt. 101, R. 3.3 Procedures

All detention officer employers included under the Emergency Jail Officer Training Program as described in this Policy and Procedures Manual should follow these steps in safekeeping certificates issued to their employees by the Board.

A. The employer, upon receiving the certificate from the Board director, should record the certificate number and the date issued in the employee's personnel file.

B. The certificate should remain in the physical custody of the employer at a site which houses agency operations. The employer may provide the employee with a photo static copy of the certificate.

D. The employer should return the certificate to the Board director, along with a complete “Termination/Reassignment Report” form, within ten working days after:

The employee no longer meets all of the qualifications for employment;
The employee has been either convicted of or pleaded guilty or nolo contendere, probation, pre-trial diversion, or payment of any fine to a felony or a crime involving moral turpitude (the employer shall provide official documentation of such conviction);
Receiving written notice from the Board of evidence that the certificate was obtained through misrepresentation or fraud;
The employee dies, resigns, laterally transfers or is terminated;
The employee takes leave or is assigned leave from actual performance of detention officer duties from the employer for any reason for an indefinite period or for a period planned to last more than twelve months; and
Receiving written notice from the Board that the certificate shall be returned for other due cause as determined by the Board.

E. The staff shall decide the disposition of a certificate within a reasonable time after receiving notice that a certificate has been returned. The Board may decide to:

Delay consideration of the return of the certificate;
Inactivate the certificate;
Assign stewardship of the certificate to a new detention officer employer or;
Annul/revoke a certificate, if issued in error or through misrepresentation or fraud.

F. In the case of lateral transfer, the staff shall forward the certificate to the appropriate employer.

G. The staff shall maintain the certificate and all other file information of detention officers who have died or whose certificates have been inactivated in the Board files.

H. When the staff has inactivated a certificate because a detention officer:

Is no longer in detention officer employment as described in this Policy and Procedures Manual,
Is on indefinite leave or leave for more than one year, or
For other reasons

I. The Board director may reactivate the certificate when the certified detention officer resumes employment for the employer who returned the certificate or under a new detention officer employer included under the Jail Officer Training Program. In either

case, the employer may initiate the reactivation process by forwarding a new Application for Certification (Parts I, II and III) to the Board Director. The board director shall forward a reactivated certificate to the employer.

J. When the certificate of a detention officer certified by statute remains inactivated for more than two years, the certificate shall lapse. Upon receiving a request to reactivate the certificate, the board director shall notify the employer by letter that the certificate has lapsed and that the employee must requalify for certification by the board in order to be employed as a detention officer for more than two years.

K. The Board hereby relegates to the staff the authority to certify all detention officers upon satisfactory completion and verification of all requisite training.

L. The board further authorizes the staff to issue Professional Certificates on the first day of each month and furnish a list at the Board meetings for official recognition of certification.

History - Adopted – 12/2003; rev – 06/2004; 08/2006 and 01/2007

History

Source: Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

Chapter 4 Hearings, Denial or Other Sanctions of Certificates

31 Miss. Admin. Code Pt. 101, R. 4.1 Purpose

This section establishes policy and procedures governing the recall or cancellation of the professional certificate of a detention officer.

History

Source: Miss Code Ann. § 45-4-5, 45-4-9, 45-4-13

31 Miss. Admin. Code Pt. 101, R. 4.2 Policy

The Board reserves the right to cancel and recall any certificate when:

A. The certificate was issued by administrative error;

B. The certificate was obtained through misrepresentation or fraud;

C. The holder has been convicted, pled guilty, pled nolo contendere, fined, ordered into probation or pre-trial diversion in relation to a crime involving moral turpitude;

D. The holder has been convicted, pled guilty, pled nolo contendere, fined, ordered into probation or pre-trial diversion in relation to a felony; or

E. Or other due cause as determined by the Board.

The Board has established standards and qualifications by rule and regulation for the employment of detention officers as they relate to the competence and reliability of persons to discharge the responsibilities of that position of public trust. These standards address minimum age, education, training, citizenship, good moral character, and experience.
Any condition, conduct or action that would breach the established minimum standards or would greatly diminish the public trust in the competence and reliability of a detention officer would be actionable as due cause for recall or cancellation of a certificate.

F. Staff may take administrative action to suspend, recall, cancel or revoke a professional certificate for any of the purposes stated above. Upon taking administrative action, the certificate holder will be notified by the staff of such action and informed of his/her right to a hearing before the Board.

History

Source: Miss Code Ann. § 45-4-5, 45-4-9, 45-4-13

31 Miss. Admin. Code Pt. 101, R. 4.3 Procedures

The procedures listed herein shall be followed to ensure a fair and expedient process consistent with law.

A. The Board staff shall open a certification review file upon the instruction of the director or the assistant director. The director or the assistant director may base the opening of a review file on a number of sources.

Routine activity by the Board staff that discloses noncompliance with the established policy shall be considered as possible basis for opening a certification review file.
Detention officer agency heads may request in writing to the assistant director or the director that a certification review file be opened.
The investigative divisions of the state or a political subdivision thereof may request in writing to the assistant director or the director that a certification review file be opened

a. All such requests in A(2) and A(3) should be accompanied by documents to support the review request. All accepted materials shall become a part of the individual detention officer’s application packet.

b. The release of these materials shall be in accordance with the Board's policy and the Open Meetings and Records Act.

B. Once the certification review file has been opened, the Board staff shall be responsible for organizing the materials submitted as a result of the review process. The staff may correspond with the employer, official records clerks, or investigative agencies to clarify information. The staff may also initiate a request through the director to the investigative division of the Office of the Attorney General for further investigative support if needed.

D. The director or the assistant director shall review the status of all open certification review files on a regular basis. Once the director believes that there is sufficient cause to initiate a request for a board action or administrative action in the case, the director shall notify the Chair of the Board and request the formation of a certification review hearing or send a letter to the certificate holder notifying them of the administrative action. The action becomes effective in 30 days unless the certificate holder requests a hearing before the Board.

E. The Chair shall evaluate the review file and consider whether there is sufficient cause to support a belief in a reasonable basis for revocation. The Chair shall decide the need for expeditious action based on available information and establish a time frame for further activities. The Chair may elect to:

Delay consideration pending further information;
Proceed with a hearing to enable the full Board to evaluate the case.

F. If the Chair decides to proceed with a hearing, the Chair shall contact the director to establish the hearing. The Chair may elect to hold the hearing at the next regularly scheduled meeting or at a specially convened meeting for that purpose.

Once the date has been established for the hearing, the director shall notify the detention officer and the agency head by certified letter, return receipt requested of the hearing date. The letter shall state in clear terms that the board will decide at the designated meeting whether or not to recall or cancel the detention officer’s certificate.
The letter will also:

a. Notify the detention officer of the time and place of the meeting;

b. Spell out the substance of the proposed reasons for recalling the certificate.

c. Invite the detention officer to appear personally before the Board to make a presentation on his/her certification.

d. Advise the detention officer that he/she may bring people to give oral testimony or to provide assistance in the presentation.

e. Advise the detention officer that he/she may have counsel assist and/or represent him/her at the hearing.

f. Advise the detention officer that strict rules of evidence do not apply.

g. Advise the detention officer that documents may be submitted for consideration. All copies of any official documents must be submitted under the county seal or notary public. Any written testimony must be presented in the form of duly sworn affidavits. All documents must be submitted to the Board staff not later than five working days before the hearing.

G. At the appointed time, the chair shall convene the certification hearing. The chair or the vice chair shall be the presiding officer and control the course of the hearing. The Board itself shall constitute the hearing panel.

The proceedings of the hearing shall be recorded electronically, and a separate written record shall be prepared.
The Board shall consider all oral and written material presented at the hearing.

H. At the conclusion of all presentations and arguments, the board may vote to enter executive session to deliberate the question of certification.

During deliberation the board shall first consider the factual charges against the detention officer and determine if the information presented supports the charges.
If the board finds that one or more of the charges are supported, then the board shall consider whether to revoke the detention officer’s certification.
The Board action shall be reduced to writing and entered into the written record of the proceedings. This record shall report the Board's findings of fact relative to each charge and the certification decision reached by the Board.

I. The director shall notify the employing agency and the detention officer in writing of the Board's decision. If the Board recalled the certificate, the notification shall advise the employer that no person shall serve as a detention officer during a period when that person's certificate has been canceled or recalled in accordance with Mississippi Code.

J. A detention officer aggrieved by the findings and order of the Board may file an appeal with the chancery court of the county in which the detention officer was employed. The

detention officer must submit written notice of the appeal and the appropriate venue to the Board within thirty days after the date of the Board's final order.

History – adopted – 12/2003; rev – 06/2004

History

Source: Miss Code Ann. § 45-4-5, 45-4-9, 45-4-13

Chapter 5 Compliance Monitoring and Noncompliance

31 Miss. Admin. Code Pt. 101, R. 5.1 Purpose

This section establishes the policy and procedures for compliance monitoring and for addressing any instances of noncompliance that may come to the Board's attention.

History

Source: Miss Code Ann. § 45-4-5, 45-4-9, 45-4-13

31 Miss. Admin. Code Pt. 101, R. 5.2 Policy

The intent of the Legislature in enacting the County Jail Officers Training Program (CJOTP) was clearly to establish standards for the selection and training of detention officers as soon as possible upon beginning the detention officer's career. This action was for the benefit of all the people of the state in that trained detention officers could better meet the needs of a complex society. Due to that very complex nature of today's society, coupled with the ever- increasing demands for the services of the detention officer professional, the need for competent, capable, and credible detention officers has never been greater. The issue of competence will become a much-debated topic in the nation's courts as the incidence of litigation against detention officers for negligence inevitably will begin to rise. To further exacerbate matters, detention officer agencies, towns, cities, counties and even state levels of government are being named by litigants for negligence. Simply stated, the potential penalty for failure to do the right thing at the right time is so great that the state and local governments cannot afford to ignore the risks. In a large measure, training and standards reduce the risk potential for failure on the part of detention officers. The Board's policy is to ensure that the established standards are enforced to the maximum extent practically possible and that detention officers receive needed training throughout their careers. As a part of ensuring that standards are met, the Board will strive to encourage agencies and detention officers to achieve compliance by utilizing every asset and resource available to the Board.

History

Source: Miss Code Ann. § 45-4-5, 45-4-9, 45-4-13

31 Miss. Admin. Code Pt. 101, R. 5.3 Procedures

The primary tools the Board will use in compliance monitoring are the various forms approved by the Board. These forms provide the Board information upon which to base decisions as to the eligibility of an applicant to become a detention officer and the level of training required to meet or exceed the mandated requirement. The Board will use other

sources of information as necessary to determine who is serving as a detention officer and whether or not the individual is certified and thereby authorized to serve.

A. Compliance shall be evaluated on both an individual and organizational basis.

The individual must supply information to the Board through his employer. The employer must conduct a background investigation to verify the Board certification specifics (see the “Application for Certification, Part III”. This information will be reviewed by the staff to determine eligibility and training. Random checks of the information will be conducted to obtain independent verification. Once the review is completed, the Board will inform the individual on the type of training required to obtain certification. The individual will have achieved compliance only after successful completion of the training and the Board's formal action of certification.
Detention officer agencies must establish policy that ensures only authorized (certified) detention officers perform duties as a detention officer. In addition to this policy, the agencies must provide requested information to the Board on a timely basis. The two-year probationary period should prove to be ample time to achieve certification for any detention officer. Delays in submitting required paperwork and procrastinating in completing required training can easily result in noncompliance. No provisions are provided to waive, excuse, or nullify the requirement to achieve certification within two years. Agencies who have detention officers who cannot achieve certification within the established time limit must reassign the affected individuals to other duties or terminate their employment.

B. The Board staff will make every reasonable effort to assist agencies in achieving compliance. The staff, the Board, and the Officers Training Program (JOTP) exist to serve the needs of the detention officer community. Hopefully, a spirit of understanding and cooperation will prevail in order that the detention officer profession will continue to advance and obtain the recognition so richly deserved. The Board will strive to keep lines of communication open and provide assistance in overcoming problems with the certification process before the probation period expires, thereby avoiding serious problems requiring drastic measures.

The staff will attempt to contact the agency head to resolve any conflicting information or problems with compliance.
The heads of related agencies such as the mayor, Board of supervisors, etc., will be contacted as needed to resolve problems.
Communication with agencies shall be in writing with additional backup communication through the use of telephone and staff visits.

C. In addition to the information on compliance that the staff discovers through routine monitoring, the staff receives information from a variety of other sources, such as the media and citizen complaints. Information that indicates a potential compliance

problem will be reviewed to determine if further information is required. Before taking any action on such information, the staff will attempt to verify the information with the agency head involved.

D. The Board will make every effort to identify the need for compliance and assist those agencies in meeting the requirements of the Act prior to the expiration of the two-year probation period.

If the Board discovers that a violation of the Act has been committed (i.e., an individual performs detention officer duties in excess of two years from their date of hire without obtaining Board certification), the Board will notify the agency head in writing of their potential liability. The Board will further notify the State Auditor that public funds may have been paid out in violation of state law. A copy of this notification will be provided to the local executive officer.
In addition to the above measures, the Board will not reimburse the training costs incurred by any agency who is not in compliance with the Act or the provisions of this Policy and Procedures Manual. Simply stated, the payment of a detention officer's salary when that person performs detention officer duties in excess of two years without obtaining certification is prohibited. Therefore, the Board cannot reimburse any cost of salary incurred in excess of the two-year limit by a detention officer in training, even if the agency is otherwise in compliance.

History

Source: Miss Code Ann. § 45-4-5, 45-4-9, 45-4-13

Chapter 6 Certification Based on Re-qualification

31 Miss. Admin. Code Pt. 101, R. 6.1 Purpose

This section establishes the policy and procedures for certification of detention officers whose certification has lapsed and those officers who have training and experience in another jurisdiction.

History

Source: Miss Code Ann. § 45-4-9

31 Miss. Admin. Code Pt. 101, R. 6.2 Policy

The Board shall certify as detention officers those persons who meet the employment guidelines and re-qualify by successfully completing the current standardized detention officer course of the Jail Officer Training Program.

A. The certification of any detention officer shall lapse after a break in service of more than two years.

B. If a detention officer, who is grandfathered under the program, leaves employment as a detention officer, and does not become a detention officer within two years, the officer will be required to meet all the requirement of the Jail Officer Training Program.

C. Detention officers trained or certified by other jurisdictions are required to meet all the requirements of the Jail Officer Training Program.

D. Correctional Officers, who successfully complete the Mississippi Department of Corrections’ training program after May 13, 2004, that meet the current employment guidelines shall be certified without further training, if the officer does not have a break in detention employment of more than two years.

E. Any officer, certified in this state, whose break in service was due to serving as a detention officer in another state or federal jurisdiction may restore their certification provided that the break in service is not more than four years.

Applicants must have completed the detention officer course and met the current employment guidelines.
Applicants must have not had a break in service of more than four years.
Applicants must have served in a full-time capacity as a detention officer in one of the following positions (or other position as approved by the Board):

a. A municipal, county, or other detention officer appointed or employed full- time in a recognized political subdivision of any state, province or territory of the United States of America who has as their primary duty the detention of inmates.

b. An agent, officer or other detention officer appointed or employed full-time by the United States Department of Justice or subdivisions, the Department of Defense or its recognized military service branches, the Department of the Interior or the District of Columbia who has as their primary duty the detention of inmates.

F. It is incumbent upon the detention officer’s agency to ensure that all officers obtain certification within established time limits. Employers should ensure that all applications for certification are submitted on a timely basis. Once the staff has provided instructions for the certification of a particular officer, employers should enroll

their officer in the approved course so that each officer will be assured of completing any and all requirements within the two-year period.

History

Source: Miss Code Ann. § 45-4-9

31 Miss. Admin. Code Pt. 101, R. 6.3 Procedure

All procedures applicable to certification for newly employed officers must be followed to re-qualify for certification. In addition to the forms required for the certification process, the employer shall provide documentation of detention officer training (copies of certificates, etc.). The Board staff will authenticate all documents submitted to the Board from other jurisdictions. The employer shall be prepared to submit the curriculum for training completed in another jurisdiction. The staff will request curriculums as needed for the Board files.

History - Adopted – 04/2003; rev – 04/2009

History

Source: Miss Code Ann. § 45-4-5, 45-4-9

Chapter 7 Instructor Certification

31 Miss. Admin. Code Pt. 101, R. 7.1 Purpose

This section establishes policy and procedures governing the standards and qualifications to be used to certify instructors for Board-approved training.

History

Source: Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

31 Miss. Admin. Code Pt. 101, R. 7.2 Policy

All persons instructing officers in any Board-approved training courses must be certified as an instructor by the Office of Standards and Training (ST).

History

Source: Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

31 Miss. Admin. Code Pt. 101, R. 7.3 Procedures

Minimum requirements for certification of training instructors.

A. Individuals applying for certification to instruct in ST approved courses must apply through the completion of a formal application (ST Instructor Application Packet). Applications must be submitted to the Director or Agency Head of a Board approved training academy, facility, or institution. That Director will review the application and forward the endorsed application to the Board for consideration. Each nominee for certification must meet the following requirements:

Education and Experience: The applicant must show educational and criminal justice experience equal to one (1) of the following:

a. A high school graduate and five (5) or more years of experience in the subject area.

b. Two (2) years of college and three (3) or more years of experience in the subject area,

c. A bachelor’s degree and one (1) or more years of experience in the subject area,

d. Or persons with specialized, identifiable skills not meeting the above requirements, may be certified upon academy director’s request and staff review.

Sufficient Knowledge of Subject Matter: The applicant must demonstrate an adequate history as determined by the Board based on training, education, experience, professional credentials and/or proficiency skills suitable to the topic of instruction of which certification is being sought. Specific additional education or training will be required for the following designated special subject blocks:

a. Legal subjects – An applicant shall be a graduate of a law school or possess a qualification of substantial legal training and experience in the practical application of law to be certified to instruct legal subjects.

b. Emergency Medical Procedures – An applicant shall have been trained in an acceptable emergency medical procedures instructor course and an acceptable cardiopulmonary resuscitation (CPR) instructor course as determined by the Board to be certified to teach Emergency First Aid and CPR>

c. Defense Tactics – An applicant shall have been trained in an acceptable defensive tactics instructor course as determined by the Board to be certified to teach Defensive Tactics.

Knowledge of Instruction: The applicant shall be cognizant of the methods of instruction and the aids available. Instructors must be able to clearly present the course material and meet the objectives outlined by the Board.

a. Instructor Training – All applicants must have completed a Board-approved instructor development training course of 40 hors or a comparable instructor course as determined by staff review. Persons with professional credentials recognized by the Board may be exempted.

b. Internship – The new instructor nominee will serve an internship wherein the nominating official will evaluate (ST Instructor Evaluation Form) the nominee

during actual instruction. The internship shall be at least two (2) hours in length and shall be conducted prior to certification. These evaluations shall be reviewed by the nominating official and forwarded to the Board along with the application.

c. Evaluation – The instructor shall be evaluated periodically by students on dimensions determined by the academy. Evaluations shall remain on file at the academy for a period of at least one (1) year.

d. Activity – All instructors shall remain active during their period of certification. If an instructor does not instruct in a Board approved curriculum during the period of his certification, his certification shall not be renewed.

B. Expiration – All instructor certifications expire three (3) years from the date issued. Individual applying for renewal of instructor certification must complete a formal application for renewal. Each renewal certificate must meet the following requirements . 1. Re-issuance will be based on submission of an updated application including:

a. The instructor must provide documentation that he/she has conducted training in a Board-approved curriculum during the certification period expiring.

b. The instructor must provide documentation of his/her continuing knowledge in the requested area of re-certification to the satisfaction of the academy director.

As with the professional certificate, the instructor certificate remains the property of the Board. The possession and stewardship of the certificate is the responsibility of the sponsoring agency. The staff may take administrative action to suspend and recall an instructor certificate for any of the purposes stated below. Upon taking administrative action, the certificate holder will be notified by the staff of such action. The Board may revoke any instructor certificate upon a showing of just cause, which includes, but is not limited to:

a. Administrative error in issuance,

b. Falsification of any information on the application,

c. Failure to complete the prescribed internship,

d. Conviction or entering a plea of either guilty or nolo contendere, being fined, ordered into probation or pre-trial diversion in relation to a felony or a misdemeanor involving moral turpitude,

e. Mistreatment, abuse, or improper behavior involving a student,

f. Consistent failure to follow Board-approved training guidelines, learning objectives and lesson plans (where established),

g. Any other actions detrimental to professional law enforcement training.

Exemption from certification: In the event of exceptional emergency or other circumstances determined by the academy director a qualified non-certified instructor may be utilized; however, the non-certified instructor shall teach under the supervision of the nominating official. Facts explaining the utilization of the uncertified instructor shall be documented and maintained on file by the nominating official.

History - Adopted – 03/2001; rev – 06/2004 and 10/2007

History

Source: Miss Code Ann. § 45-4-1, 45-4-3, 45-4-5, 45-4-7, 45-4-9

Chapter 8 Training Accreditation

31 Miss. Admin. Code Pt. 101, R. 8.1 Purpose

This section establishes policy and procedures governing the standards and qualifications to be used to accredit training facilities for Board-approved detention officer training.

History

Source: Miss Code Ann. § 45-4-9, 45-4-11

31 Miss. Admin. Code Pt. 101, R. 8.2 Policy

All academies, institutions, facilities, or independent instructors conducting Board-approved training shall be accredited. All such training activities whether part of an institution or independent trainer shall herein after be referred to as accredited facility for purposes of this chapter.

History

Source: Miss Code Ann. § 45-4-9, 45-4-11

31 Miss. Admin. Code Pt. 101, R. 8.3 Procedures

An academy, institution or facility operated for the purpose of training detention officers or any officials covered by this act shall submit a formal application to the Board for review and approval. Certified detention officer instructors who provide Board-approved training outside of any accredited institution shall also submit a formal application. Such independent instructors shall be accredited on a course by course basis. Training requiring Board-approval conducted prior to accreditation of the training facility or the course, shall not be credited for certification requirements. Further any training that fails to meet the agreed upon delivery program, curriculum or method of instruction as described herein shall be denied recognition.

A. Administrative Requirements

Administrative staffing – Accredited facilities must provide full-time minimal staffing as follows:

a. Director of Training – Accredited facilities shall designate an employee responsible for training activities. The Director's responsibilities will include at the minimum the following:

Scheduling and presentation of training programs,
Selection and training of staff,
And preparation, maintenance, and timely filing of BJOST reports and records.

b. Training Staff – Every accredited facility shall designate one or more instructional staff persons. These individuals must hold an instructor certificate as issued by the Board. There shall be at least one instructor for every 15 students during scenario, hands-on or defensive tactics training.

c. Support Staff – Adequate support staff shall be designated to assist the Director of Training in the maintenance of required reports and records. While a director of training may also be the designated training officer, this person may not be the sole employee or agent of an accredited facility.

Academy Policy and Procedures Manual - All accredited facilities must maintain an academy policy and procedures manual.

a. This manual should provide guidance to all staff of the facility in the following policy areas:

policy on the admission of students and class size,
use and storage of any weapons, chemical munitions, and mock weapons,
hours of operation of the academy
policy regarding class hours, breaks, etc.,
policy regarding student conduct and classroom procedures
classroom rules and regulations,
a description of the training delivery methods,
policy limiting student activities to those approved in curriculum,
dress and uniform regulations of staff and students,
security of testing materials, Testing and grading procedures,
disciplinary procedures within the academy,
Policy for reporting absences

b. The manual should provide emergency operation plans to cover accidents or mishaps concerning:

defensive tactics,
chemical spray,
other approved student activities,
medical,
fire,
and natural disaster. The use of students to augment or supplement the resources of a detention agency are prohibited. During time of emergency, the academy should postpone training activities and release student to report to their home agencies. Any agency should make the appropriate coordination to employ another department’s officers. If there are exigent circumstances that would preclude this timely coordination agencies may proceed to request assistance. However, refusal to comply under these conditions does not constitute misconduct or insubordination and is not grounds for dismissal.

c. The training delivery plan may include a variety of techniques to provide a balance of independent learning coupled with instructor driven activities such as lecture, case study and scenarios. Institutions are encouraged to use self- paced instruction and/or distant learning technologies to augment other methods employed by the instructor. However, the board will not approve any accreditation plan that provides inadequate instructor involvement in the training program. For example, a program of instruction that relies on self- paced or correspondence training followed by a proctored exam would fail to meet this requirement.

Academy Records - Accredited facilities must provide documentation of all activities of Board-approved programs. Records shall reflect the entire period for

which a Board-approved training program was conducted and shall when appropriate be prepared in advance of program.

A copy of the “Academy Accreditation Application”, as submitted and approved by the Board on Jail Officer Standards and Training
The “Academy Accreditation Certification”
Copies of the BJOST Monitoring Reports
A copy of the “Instructor Application” form on each instructor employed,
The “Instructor Certificates”,
A copy of the instructors' training records,
The “Performance Objectives” for all Board-approved training conducted at the facility.
Any revision to the “Performance Objectives’ shall be retained along with the original Performance Objectives (including the date of change),
And a current copy of the written policy and procedure manuals.

b. The Academy Administrative Record shall also contain a copy of the “Student Handbook”. The handbook should contain at the minimum the following information

The rules and regulations of the academy
The identification of the academy staff, their duties, and responsibilities
A copy of the Jail Officer Training Program
The academic requirements,
And any information for which the student will be held accountable

c. Class (School) Record - All accredited facilities shall maintain a Class Record for each Board-approved training program. The Class Record must contain the following information:

Class Schedule - giving specific hour of instruction, subject matter to be covered during the time period, and the instructor conducting the training. This schedule must be submitted to and approved by BJOST ten (10) working days prior to class being conducted,
Entrance roster of students and their agencies,
Master copy of all tests (answer key must be stored separate from test) that were administered to students in this class, include any performance testing documentation,
Attendance record of students and explanation for non-attendance
A student who is absent for more than five percent (5%) of Board- approved training as a result of illness and /or emergency and/or required court appearance (s) and/or military duty may be dismissed without prejudice from the class. The academy director shall make this determination upon review of student's training record,
Copy of all learning goals and performance objectives used during this class. Reference to master set of performance objectives will be acceptable, if master set of performance objectives are reviewed by instructor and signed as acceptable for class being conducted,
Final roster of students completing the class and their ranking,
Written documentation of any student withdrawing from the academy. Documentation should include name, department, date, time, reason for withdrawal, signature of student withdrawing and signature of person accepting withdrawal,
Copy of all correspondence to and from the Board on Jail Officer Standards and Training concerning this class,
And student's evaluation of the program.

d. Student Record - All accredited facilities must maintain a Student Record for each student attending Board-approved training. The Student Record must contain the following:

Copy of Board on Jail Officer Standards and Training “Application for Training Academy”, and “Personal Information Summary”, if applicable,
Documentation of student's orientation to the “Student Handbook”,
Student's performance results on examinations, performance testing or any other means of evaluating the student’s capabilities,
Documentation of any and all counseling with the student while in attendance,
Copy of any disciplinary action taken against the student,
Authorization for student to take medication or for limited participation in structured program
Copy of documentation of injury or accident concerning the student
Copy of all correspondence between academy and student and/or department,
Authorization of student to be absent from class, and
Copy of all awards and certificates bestowed upon the student

e. Safety Requirements - All accredited academies are charged with the health and safety of all students while in training. Therefore, all academies shall comply with the following:

The Director of Training and any instructors shall have current First-Aid and CPR certification,
Every academy shall meet or exceed the fire and sanitation codes requirements of their locality
Every academy shall be inspected on an annual basis by the appropriate public health and/or safety officials
Every academy shall have a written emergency operation plan concerning

a. activity training and facilities,

b. Medical

c. Fire, and

d. Natural disaster.

B. Physical Requirements

Physical Facilities – It shall be the responsibility of the accredited academy to provide the following minimum physical facilities for training.

a. Administrative Equipment

word processing, data base and other related software,
Means to reproduce written documents on-site, and
Additional office equipment as needed to perform common administrative duties.

b. Record Storage Area

There shall be adequate space and method for storage of required academy records,
Records may be stored in electronic format provided that an acceptable form of safe offsite records backup is in place.
And the record storage area must be secure and accessible by authorized persons only. In the case of electronic format records, there must be adequate security in the form of passwords, security of storage devices or access to the workstation.

c. Classroom Facility – Accredited facilities must have access to a comfortable, well lit, classroom which will seat adult students. Each student shall have an appropriate amount of individual space. Students shall have desks, tables, or other acceptable work areas in the classroom.

d. Audio-visual and other instructional equipment necessary to provide effective training must be dedicated to the law enforcement training facilities:

Overhead projector
Projector screen
Transparency maker
Video-tape recorder, playback unit and monitor
Chalk/marker board at least 20 square feet (4’ x 5’),
And additional training aids as required to achieve Board-approved learning (e.g., handcuffs, restraints, riot gear, air packs, CPR manikins, mock weapons, etc.)

e. Detention Officer Activities Center

The Activities Center shall provide or have access to adequate space, training aids and mock cells for the conduct of scenario training and defensive tactics.
The Center shall have ample protective material for use to prevent injury from contact with the floor or walls during scheduled training activity.
the area shall have adequate space for safe participation for every student. (Up to the expected maximum student load)
There shall be a complete, industrial-type first aid kit with immediate accessibility to the students or instructors in or near the Center.

C. Awarding of Accreditation – The Board may approve or disapprove accreditation based upon the following criteria:

completion of application
compliance with requirements of application,
quality of physical facilities,
fiscal responsibility of applicant,
current training needs of the state as determined by the Board,
and the evaluation of additional data the Board may require to complete the accreditation process.

D. Revocation of Accreditation - The Board may revoke the accreditation of a training facility upon showing just cause, which includes, but is not limited to:

administrative error in accreditation,
falsification of any information on the application or subsequent reports,
facility becomes inadequate,
academy is no longer required to meet the training needs of the state,
facility fails to correct, upon notification, any non-compliance with Board- approved training guidelines, rules, or regulations,
facility fails to make reports or falsely reports to the Board,
when a facility fails to conduct two (2) Board-approved basic detention training courses during the calendar year,
and any other action detrimental to professional detention training

History

Source: Miss Code Ann. § 45-4-5, 45-4-9, 45-4-11

Chapter 9 Official BJOST Forms

31 Miss. Admin. Code Pt. 101, R. 9.1 Purpose

This chapter provides examples of forms and instructions for completion and submission of forms.

History

Source: Miss Code Ann. § 45-4-5

31 Miss. Admin. Code Pt. 101, R. 9.2 Policy

The agency head is responsible for ensuring timely compliance with the Board on Jail Officer Standards and Training requests for information. Out of date, incomplete or illegible forms will be returned. The Board director relies on the information contained on Board forms as the basis for recommendations for certification and implementation of the requirements of the Jail Officers Training Program.

Warning: MCA § 97-7-10 “Fraudulent Statements and Representations” provides for severe penalties for misrepresentations or fraudulent statements made to a Board. This statute authorizes a fine of up to ten thousand dollars ($10,000.00) and a jail sentence of up to five (5) years. Further, the Jail Officers Training Program authorizes the Board in MCA § 45-4-9 (5)(b) to cancel and recall any certificate obtained through misrepresentation or fraud.

History

Source: Miss Code Ann. § 45-4-5

31 Miss. Admin. Code Pt. 101, R. 9.3 Procedures

All employing agencies included under the JOTP as described in this manual shall follow these steps in submitting required forms:

A. “Detention Officer Application for Certification and Background Investigation Review” - This form is required to be completed and submitted to Standards and

Training within thirty days from the date of hire for all jail/detention officers or upon the request of the Board. Complete Parts I, II and III of the “Detention Officer Application for Certification and Background Investigation Review” form for each newly hired full-time, part-time, reserve, or auxiliary jail/detention officer who has yet to be BJOST certified or who has transferred from an out-of-state agency.

Part I is to be completed as follows:

b. Item 9 should reflect the applicant’s certification status and if applicable the officer’s certification number should be entered in the space provided for item 10.

c. Item 11, Education - should be completed and verified as to the number of years of formal education, diplomas and degrees held by the applicant.

d. Item 12, Employment Record - List all past employment that has been held by the applicant, beginning with the applicant’s most previous employment, and working back. Include the name of the employer, the position held, the city and state where employed, and the dates of said employment. This information must be verified by the employing agency as a part of the background investigation. The Board staff will also verify employment data by cross checking agency rosters.

e. Item 13, Training Record - List all jail/detention training consisting of eighty (80) hours or more that has been successfully completed by the applicant. Copies of the certificates of completion and any other documentation available, such as a course curriculum, must accompany the “Detention Officer Application for Certification and Background Investigation Review” form.

Part II is to be completed as follows:

a. This portion of the form must be completed by the applicant. Part II attests to the satisfaction of the employment guidelines for a jail/detention officer. Any of the questions, items 1 through 10, that are answered “yes” must be explained to the Board. The explanation must be typed or printed in ink, signed, and dated by the applicant and include all related court documents. All crimes must be reported, to include alcohol and drug related offenses. The only exceptions to this requirement are traffic offenses, excluding alcohol and drug related offenses, where the fine is less than one hundred dollars ($100.00) and where the applicant has had fewer than four (4) traffic offenses within the preceding twenty-four (24) months. All traffic offenses

involving drugs or alcohol are to be reported regardless of the fine. The Board reserves the right to require explanations of other items as appropriate.

b. The applicant must sign and date the “Detention Officer Application for Certification and Background Investigation Review” form, Part II, before a notary public.

Part III is to be completed as follows:

a. This part of the application must be completed by the head of the agency/department or someone with authority to sign in his or her name.

b. If the agency head delegates this authority to a designee, then there must be a letter on file, at this office, stating the name and rank or position of the designee. This letter will have to be authorized by the head of the agency. c. Each procedure must be initialed by the agency head to indicate the completion of said procedure. All the procedures are required to be completed with the possible exception of procedure number 4. If procedure number 4 (i.e., reviewing military discharge forms on an applicant that has not served in the military) is not applicable to the officer in question enter N/A in the space provided.

d. The “Detention Officer Application for Certification and Background Investigation Review” form, Part III, must be signed and dated by the agency head, or someone with authority to sign in his or her name, before a notary public. Where the applicant is also the agency head or designated alternate, Part III of the form must be signed by the applicant's supervisor.

B. “Detention Officer Roster” - This form is simply a roster of all jail/detention officers employed by an agency. The form will be sent to all agencies a minimum of once a year. It is to be completed and returned to the Board within thirty days. The names, social security number, position, date of employment and certification number of all jail/detention officers as defined in this manual are to be listed. The form must be signed by the agency head or authorized designee. A negative report is required. Therefore, if an agency no longer employs jail/detention officers, simply indicate by printing "none” on the form, then sign and return the form.

C. “Termination/Reassignment Report” - This form shall be used when a full- time, part-time, reserve, or auxiliary jail/detention officer ends a period of employment.

The form shall be used to document the date of departure from a jail/detention position for all individuals, regardless of their certification status. The form has spaces for the date of termination and certification status. The form also provides several choices for a description of the type of termination. An

explanation of the circumstances surrounding any officer that is discharged or resigns pending investigation of disciplinary action should accompany this form. Further action such as a revocation of the officer's certificate may be required. It is the responsibility of the agency head to inform the Board when an officer no longer meets state standards.

A “Termination/Reassignment Report” for certified officers must be accompanied by the original certificate. The form must be signed and dated by the agency head or authorized designee and returned within ten (10) working days.

D. “Request for Information & Training Notification” This form shall be used by the BJOST staff to solicit information on the officer(s) named within the form, and to give notification, if applicable, to the employing agency of training which will be required in order to certify the named officer(s).

E. Detention Officer Course Certification Request - This form is used to request approval from BJOST to conduct in-service training courses. The Course Certification Request form is to be completed and submitted by the course coordinator to BJOST at least ten working days prior to the course being conducted.

F. Detention Officer Course Evaluation Instrument - This form must be completed by all course attendees and returned to BJOST. This questionnaire is a primary means used by BJOST to gather information to assist in maintaining high quality courses.

G. Detention Officer Course Roster - The Course Roster form is to be completed and submitted by the course coordinator to BJOST within ten working days following completion of the course.

H. Detention Agency’s Affidavit - This section must be signed by the head of the agency/department or someone with authority to sign in his/her name. There must be a letter on file, at this office, stating specifically who has the authority to sign in the department head’s name. This letter will have to be authorized by the head of the said agency/department. Print in ink or type the designee’s name, have the designee sign and date the affidavit in the appropriate spaces.

I. Applicant’s Affidavit & Injury Liability Waiver - This section must be read and signed by the applicant trainee. The applicant must sign and date the affidavit and liability waiver in the appropriate spaces.

J. Training and Personal Information Summary - This section must be completed to supply general information required for identification and other purposes. Again, every block must be completed or marked N/A (not applicable).

History - adopted - 01/2001; rev - 06/2004, 02/2011

History

Source: Miss Code Ann. § 45-4-5

CRIME LABORATORY CRIME LABORATORY

Part 501 PART 501: RULES AND REGULATIONS FOR MISSISSIPPI BOARD OF MEDICOLEGAL DEATH INVESTIGATIONS

31 Miss. Admin. Code Pt. 501, R. 1.1 Definitions

All definitions set forth in Miss. Code Ann. § 41-61-53 shall apply in these Rules and Regulations. When used in these Regulations, the term Medical Examiner Case means any human death required by Miss. Code Ann. § 41-61-59 to be investigated and certified by the Medical Examiner.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 2.1 Delayed Deaths

Where death is related to injury of any type as defined in Miss. Code Ann. § 41-61-59, such death is subject to the jurisdiction of the Medical Examiner irrespective of the period of survival following the injury and whether or not there was medical attendance at the time of the injury or during the period of survival.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 3.1 Unattended Deaths

Deaths due to natural causes are Medical Examiner cases unless the decedent is under the care of a medical or osteopathic physician for the natural disease process to which the decedent has succumbed. As provided in Miss. Code Ann. § 41-61-59, medical attendance must be within thirty-six (36) hours preceding death, or in a pre-diagnosed or bedfast cases within thirty (30) days preceding death. Documentation of medical attendance must be in writing and the medical or osteopathic physician in attendance must be licensed to practice in the State of Mississippi.
A physician need not have physically examined the deceased nor been personally and physically present within the aforementioned time limits in order to be considered in

attendance. Medical records or other written documentation of prescriptions, telephone consultations or other evidence that the physician has continuously assumed responsibility for the care and treatment of the decedent shall suffice as evidence for medical attendance.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 4.1 Hospital Deaths - Autopsies

Miss. Code Ann. § 41-61-59 is specific as to which human deaths are subject to the investigation of the Medical Examiner. When such deaths occur in a hospital, clinic, doctor’s office or other health care facility, the attending physician is responsible for notification of the Medical Examiner. The attending physician must not request permission for autopsy from the next-of-kin until the Medical Examiner has been notified and has made a decision as to whether or not an autopsy is required in accord with provisions of Miss. Code Ann. § 41-61- 65. If the Medical Examiner case is not to be subjected to autopsy in accord with these provisions, the attending physician may then request permission for a private autopsy from the appropriate individual. The Medical Examiner still has responsibility for investigation and certification of such cases and copies of findings and interpretations of any such private autopsy shall be submitted as provided in Miss. Code Ann. § 41-61-65.
If, during performance of an autopsy on a case which is not under the jurisdiction of the Medical Examiner, the findings, e.g., evidence of trauma or poisoning, indicate that the death should properly by a medical examiner case, the Pathologist performing the autopsy shall immediately discontinue the procedure and notify the Medical Examiner of the findings.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 5.1 Deaths During Medical Procedures

In order for a death occurring during a therapeutic procedure to be a Medical Examiner case, the death must be medically unexpected. So that proper investigation can be made in Medical Examiner Cases, the attending physician must immediately notify the Medical Examiner when death is pronounced. In such Medical Examiner cases, all apparatus of any type which was utilized in the therapy of the patient at the time of death, including but not limited to intravenous set-ups and medications, electrical equipment, anesthesia machines and their connections and gas cylinders, must remain in place as they existed at the time of death and may not be disturbed or removed until and unless permission from the Medical Examiner is obtained.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 6.1 Specimens for Toxicologic Examinations

In all Medical Examiner cases, the investigating Medical Examiner shall obtain specimens of blood, urine and/or vitreous humor as the condition of the body permits. If the patient has been treated in a hospital, emergency room, or other health care facility immediately prior to death, such specimens should be taken into custody by the investigating Medical Examiner. With the exception of motor vehicle fatalities (see below), specimens obtained as noted above may be submitted immediately for toxicologic examination or may be retained in refrigerated storage for examination at a later time, at the discretion of the investigating Medical Examiner. In all instances of motor vehicle fatalities, including operators, passengers and pedestrians, specimens shall be submitted to the Mississippi Crime Laboratory for toxicologic examination. If toxicologic examination is deemed necessary, and the condition of the body prohibits recovery of urine, blood or vitreous humor, specimens of brain, lung, kidney, spleen and/or other tissues should be submitted for analysis.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 7.1 Embalming of Medical Examiner Cases

Since the chemical compounds used in embalming may alter the characteristics of body tissues, make toxicologic procedures difficult and more costly, or render toxic agents undetectable, the Medical Examiner must completely examine the body of the deceased and obtain appropriate specimens for toxicologic examinations prior to any embalming procedure, in all Medical Examiner cases. Any Medical Examiner case to be subjected to autopsy under the provisions of Miss. Code Ann. § 41-61-65 not under any circumstances be embalmed prior to autopsy unless permission is given for such procedure by the Medical Examiner.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 8.1 Certification

All death investigation training, including continuing education, for Mississippi Coroner Medical Examiners (Chief and Deputy County Medical Examiners and County Medical Examiner Investigators) shall be certified by the State Medical Examiner’s Office in accordance with Mississippi Statutes and the Rules and Regulations.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 8.2 Basic Training

All individuals who are elected or appointed as Medical Examiner Investigator or Deputy Medical Examiner Investigator, before taking the oath of Office, must attend the Death Investigation Training School provided by the Mississippi Crime Laboratory and the State Medical Examiner. The school will be offered approximately once every two years and will ordinarily be a five day school conducted primarily at the Mississippi Law Enforcement Officers Academy in Jackson.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 8.3 Interim Training

If an occasion arises requiring appointment of a Deputy or Chief Medical Examiner Investigator during that period of time between scheduled Basic Death Investigation courses, individuals thus appointed may be permitted to take Office upon completion of the Interim Medicolegal Death Investigation Course offered by the State Medical Examiner’s Office. This ordinarily will be a one day course and can be scheduled with the State Medical Examiner’s Office on an as needed basis. Individuals successfully completing the Interim Course must then additionally complete the five day Basic Death Investigation Training School on the next occasion of its offering and must also fulfill the continuing education requirements as certified by the State Medical Examiner’s Office.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 8.4 Advanced Training

All individuals who have attended the Basic Death Investigation Training School must, at least once every four years, attend the Advanced Death Investigation Training School provided by the Mississippi Crime Laboratory and State Medical Examiner. This ordinarily will be a one or two day Advanced Refresher Course offered in conjunction with the Mississippi Law Enforcement Officers’ Training Academy.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 8.5 Substitute Training

No substitutions can be made for the five day Basic Death Investigation Training School. If attendance at the school becomes difficult or impossible due to illness or other emergencies, the candidate should contact the State Medical Examiner immediately regarding alternative arrangements. Other courses, schools or additional forms of training may, however, be substituted for either the Interim or Advanced courses if candidates or Medical Examiners wish to make their own arrangements, or if they have special expertise at the time of their appointment. Such substitution is at the discretion of the State Medical Examiner who should be contacted well in advance.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 8.6 Testing

All individuals completing the Basic, Interim and Advanced Training Courses must successfully complete testing on the subject material by the State Medical Examiner. This includes those individuals who have substituted alternate forms of training for either the Interim or Advanced Courses.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 8.7 Continuing Education

Every Medical Examiner is required to complete a minimum of twenty-four (24) hours of continuing education as certified by the State Medical Examiner, during each successive twelve (12) month period following election or appointment. Acceptable continuing education activities include, but are not restricted to the following:

District Meetings – Two (2) hours credit will be allowed for attendance at each District Meeting of the Mississippi Coroner/Medical Examiner Association, up to a maximum of twelve (12) hours credit per twelve (12) month period.
Autopsies – Two (2) hours will be allowed for attendance at an autopsy, up to a maximum of six (6) hours per each twelve (12) month period. The Coroner/Medical Examiner should actually be present at the entire autopsy, and the continuing education documentation form should be co-signed by the attending Pathologist.
Department of Public Safety – Continuing education credit will be allowed for attendance at schools, seminars or other activities conducted by various agencies of the Department of Public Safety, insofar as such activities pertain to medicolegal investigations. Examples would be seminars conducted by the Mississippi Crime Laboratory, the State Medical Examiner’s Office, or the Mississippi Law Enforcement Officer’s Training Academy. The hours allowed will be designated by the specific agency involved for the specific training program which is being offered.
Other – Continuing education credits will be allowed for virtually any training course, seminar or other similar activity insofar as that activity pertains directly to medicolegal death investigation. This includes courses of seminars offered by schools or colleges, law enforcement agencies and others, as well as training courses offered outside the State of Mississippi. Prior approval before credit should be obtained by contacting the State Medical Examiner’s Office.
Documentation – Documentation of all continuing education activities will be by means of forms provided for the purpose of the State Medical Examiner’s Office. A separate signed form should be submitted for each particular continuing education program or activity for which a Medical Examiner is seeking credit. If the activity is a group activity,

all individuals attending the activity may submit their signatures on one form. Upon successful certification with respect to training and continuing education requirements, every Coroner/Medical Examiner will receive, during every successive twelve (12) month period within their term of office, a wallet size card issued by the State Medical Examiner, and attesting to completion of the requirements.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 9.1 Designated Pathologist Program

The purpose of the Designated Pathologist Program is to identify, recruit and assist qualified Pathologists to perform consultations and to provide autopsy service in support of the Mississippi Medicolegal Death Investigation System. Pathologists so designated should have adequate training and experience in anatomic pathology with a special interest in forensic pathology. They will assist the County Coroner/Medical Examiner’s Office and the State Medical Examiner’s Office in the investigation of “deaths affecting the public interest” as defined by Mississippi Statutes. The Designated Pathologists will conform to all Mississippi Statutes concerning Medicolegal Death Investigations, and will abide by Rules and Regulations promulgated by the State Medical Examiner’s Office and the State Board of Medicolegal Death Investigations.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 9.2 General Standards

All Designated Pathologists will be physicians (M.D. or D.O.) licensed to practice medicine in the State of Mississippi, and will be Board Certified or Board Eligible in Anatomic Pathology and have a special interest in Forensic Pathology.
All autopsy reports will be completed in a timely manner (normally within thirty (30) days for routine cases and ninety (90) days for complex cases). Complete autopsy reports, including all findings and interpretations will be submitted promptly to the State Medical Examiner’s Office, with copies furnished to the authorizing Medical Examiner’s Office, District Attorney and Court Clerk, as required by Mississippi Statutes.
Pathology residents at University of Mississippi Medical Center will be allowed to perform post-mortem examinations under the supervision of a Designated Pathologist in accordance with procedures established by the State Medical Examiner and the UMC Department of Pathology.
The Designated Pathologist Review Committee will develop and maintain a Quality Assurance – Enhancement Program concerning performance of autopsies and other activities of Designated Pathologists within the medicolegal death investigation system. If the standard and quality of performance by any pathologist on the designated list does not meet minimal

requirements as determined by the Designated Pathologist Review Committee, that pathologist may be removed from the designated list by a majority vote of the Committee, in accordance with procedures to be established by the Committee.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 9.3 Designated Pathologist Review Committee

The purpose of the Committee is to assist the State Medical Examiner’s Office in the selection and supervision of qualified Designated Pathologists and to develop and maintain a Quality Assurance – Enhancement Program concerning the activities of those Designated Pathologists. The Quality Assurance – Enhancement Program will involve review and selected examples of post-mortem examinations, and other documents so as to recommend selection, retention, probation or dismissal of pathologists from the designated list.
Membership – The membership of the Committee shall consist of the Mississippi State Medical Examiner, the President of the Mississippi Association of Pathologists, or his designee and the President of the Mississippi State Medical Association or his designee. The State Medical Examiner shall act as Chairman of the Committee.
Meetings – The meetings of the Committee shall be held at least on an annual basis at the time of the Mississippi State Medical Association’s annual meeting. Additional special meetings may be called by the Chairman of the Committee and such special meetings may be conducted by telephone conference or other means.
Administrative Support – Administrative support for the committee, including secretarial support and maintenance of records, will be provided by the State Medical Examiner’s Office.
Records – The State Medical Examiner’s Office will maintain records of the Committee including a file for each Designated Pathologist that file to include a Curriculum Vitae as well as records of recommendations or actions of the Committee. Also included in each file will be representative examples of post-mortem examination reports and other pertinent data. These files will be confidential and access to the files will be limited to the Commissioner of Public Safety, the three members of the committee and the individual Pathologist involved. Except as otherwise provided in this section, these files are not public records as defined and addressed by the Mississippi Public Records Act of 1983 and access to such may only be had as provided in this Section.
Annual Report – A general summary report from the Committee will be prepared on an annual basis and submitted to the Department of Public Safety. A copy of this report may be made available on request to any interested party.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 10.1 Appeals of Death Ruling

Miss. Code Ann. § 41-61-65 provide that family members or others who disagree with a Medical Examiner’s determination as to cause and manner of death shall be able to petition and present written argument to the State Medical Examiner for further review. If the petitioner still disagrees, they may petition the Circuit Court which may, in its discretion, hold a formal hearing. All costs of the petitioning and hearing shall be borne by the petitioner. The procedure for petitioning the State Medical Examiner’s Office for purposes of appealing a death ruling shall be as follows:

Upon receipt of a petition regarding disagreement with any County Medical Examiner’s ruling, the State Medical Examiner will immediately contact the County Medical Examiner in question and discuss the case. Medical Examiners themselves may contact the State Medical Examiner if they know that such a petition is going to be submitted. Medical Examiners should submit any additional documentation, photographs or other material as may be deemed necessary, in order to adequately review the case.
The State Medical Examiner will conduct an investigation and review of the case which, in his/her discretion, may involve consultation with Crime Laboratory personnel, Attorneys, Firearm experts, Anthropologists and other individuals or agencies who might be able to provide helpful analysis and information.
Upon completion of his/her investigation and review, the State Medical Examiner will submit a detailed conclusion in writing with copies both to the Medical Examiner in whose jurisdiction and death occurred and to the petitioner. If a change in the Death Certificate is deemed warranted by the State Medical Examiner, on the basis of his investigation, such change will not be submitted to the State Board of Health for a period of no less than thirty (30) days, during which all parties involved will have an opportunity to submit additional information or points for discussion.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 11.1 Description of Organization

Members of the public may obtain information or make submissions or requests concerning activities of the State Board of Medicolegal Death Investigations by contacting the State Medical Examiner’s Office. Membership and activities of the Board are set forth in Miss. Code Ann. § 41-61-59(5): “A body composed of the State Medical Examiner, whether appointed on a permanent or interim basis, the Director of the State Board of Health or his designee, the Attorney General or his designee, the President of the Mississippi Coroners’ Association (or successor organization) or his designee, and a certified pathologist, appointed by the Mississippi State Medical Association shall adopt, promulgate, amend and repeal rules and regulations as

may be deemed necessary by them from time to time for the proper enforcement, interpretation and administration of Miss. Code Ann. § 41-61-51 through 41-61-79, in accordance with the provisions of the Mississippi Administrative Procedure Law, being Miss. Code Ann. § 25-43-1, et seq.”

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

31 Miss. Admin. Code Pt. 501, R. 12.1 Deaths from Injuries in Other Counties

An individual who sustains fatal injuries may, prior to death, be transported to a hospital in a county other than that in which injuries occurred. Such deaths must be reported to the Medical Examiner of the county in which the death occurs as required by Miss. Code Ann. § 41-61-61. However, the death may subsequently be investigated and certified by the Medical Examiner of the county in which the fatal injuries occurred. In the event of a death of this type, the Medical Examiner of the county in which the death occurred will immediately contact the Medical Examiner of the county in which the fatal injuries occurred. Said Medical Examiners of the respective counties may then, at their discretion, make arrangements to either transfer or not transfer jurisdiction for further investigation and certification of the death, depending upon the specific circumstances and requirements of each individual case.

History

Source: Miss. Code Ann. § 45-1- 3 and § 41-61-51, et al.

Part 502 PART 502: CRIME LAB RULEMAKING ORAL PROCEEDINGS ADMINISTRATIVE CODE

31 Miss. Admin. Code Pt. 502, R. 1.1 Model Rules

This chapter consists of model rules for oral proceedings held to provide the public an opportunity to comment on submissions made under the Administrative Procedures Act and the Rules in this Title. The Secretary of State’s Office is required to provide these model rules under Miss. Code Ann. § 25-43-2.105. Agencies are not required to adopt these model rules.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 502, R. 1.2 Application of Chapter

This chapter applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Crime Lab pursuant to the Administrative Procedures Act.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 502, R. 1.3 Request for Oral Proceeding

Each request must be submitted on 8-1/2” x 11” white paper.
The request may be in the form of a letter addressed to the Crime Lab or in the form of a pleading as if filed with a court.
Each request must include the full name, telephone numbers, and mailing address of the requestor(s).
All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 502, R. 1.4 Notice of Oral Proceeding

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State’s Office for publication in the Administrative Bulletin. The agency providing the notice shall provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The Agency Head, or designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 502, R. 1.5 Public Participation Guidelines

Public participation shall be permitted at oral proceedings in accordance with the following:

At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule.
Persons wishing to make oral presentations at such a proceeding shall notify the Crime Lab at least three business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not contacted the Crime Lab prior to the proceeding.
At the proceeding, those who participate shall indicate their names and addresses, indentify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.
The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.
Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding.
Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 502, R. 1.6 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Crime Lab, part of the rulemaking record, and are subject to the Crime Lab’s public records request procedure. The Crime Lab may record oral proceedings by stenographic or electronic means.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

Part 503 PART 503: CRIME LAB DECLARATORY OPINIONS ADMINISTRATIVE CODE

31 Miss. Admin. Code Pt. 503, R. 1.1 Model Rules

This chapter consists of model rules addressing the public’s request for declaratory opinions and an agency’s disposition of requests for declaratory opinions. The Secretary of State’s Office is required to provide these model rules under Miss. Code Ann. § 25-43-2.105. Agencies are not required to adopt these model rules.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.2 Application of Chapter

This chapter sets forth the Crime Lab’s rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Crime Lab’s procedures regarding the disposition of requests as required by Miss. Code Ann. § 25-43-2.103.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.3 Scope of Declaratory Opinions

The Crime Lab will issue declaratory opinions regarding the applicability to specified facts of:

a statute administered or enforceable by the Crime Lab,
a rule promulgated by the Crime Lab, or
an order issued by the Crime Lab.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.4 Scope of Declaratory Opinion Request

A request must be limited to a single transaction or occurrence.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.5 How to Submit Requests

Each request must be submitted on 8-1/2” x 11” white paper.
The request may be in the form of a letter addressed to the Crime Lab or in the form of a pleading as if filed with a court.
Each request must include the full name, telephone numbers, and mailing address of the requestor(s).
All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.
Each request must clearly state that it is a request for a declaratory opinion.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.6 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.7 Request Content Requirement

Each request must contain the following:

A clear identification of the statute, rule, or order at issue;
The question for the declaratory opinion;
A clear and concise statement of all facts relevant to the question presented;
The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, and telephone number; and
A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.8 Reasons for Refusal of Declaratory Opinion Request

The Crime Lab may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

The matter is outside the primary jurisdiction of the Crime Lab;
Lack of clarity concerning the question presented;
There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary;
The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request;
The facts presented in the request are not sufficient to answer the question presented;
The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules;
The request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought;
No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order;
The question presented by the request concerns the legal validity of a statute, rule, or order;
The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct;
No clear answer is determinable;
The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime;
The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure;
The question is currently the subject of an Attorney General's opinion request;
The question has been answered by an Attorney General's opinion;
One or more requestors have standing to seek an Attorney General’s opinion on the proffered question;
A similar request is pending before this agency, or any other agency, or a proceeding is pending on the same subject matter before any agency, administrative or judicial tribunal, or where such an opinion would constitute the unauthorized practice of law; or
The question involves eligibility for a license, permit, certificate or other approval by the Crime Lab or some other agency and there is a statutory or regulatory application process by which eligibility for said license, permit, or certificate or other approval may be determined.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.9 Agency Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Crime Lab shall, in writing:

a. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances;

b. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request; or

c. Decline to issue a declaratory opinion, stating the reasons for its action.

The forty-five (45) day period shall begin on the first business day after which the request is received by the Crime Lab.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

31 Miss. Admin. Code Pt. 503, R. 1.10 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

Source: Miss. Code Ann. § 25-43-2.105 (Rev. 2006).

Part 504 Cord Blood Policy

31 Miss. Admin. Code Pt. 504, R. 1.1 Cord Blood Policy

In accordance with Miss. Code Ann. § 97-5- 51, the Mississippi State Medical Examiner’s Office has developed the following procedures with respect to the collection of forensic samples.

Biological samples are to be collected if a pregnancy termination is performed on a minor who is less than fourteen (14) years of age at the time of the pregnancy termination procedure.

(i) If a pregnancy termination is performed on a minor who is less than fourteen (14) years of age at the time of the pregnancy termination procedure, fetal tissue extracted during the abortion procedure shall be collected in a sterile container. The specimen shall be retained and submitted in its entirety.

Biological samples are to be collected when a minor who is under the age of sixteen (16) gives birth to an infant and it would be reasonable to suspect that the minor’s pregnancy resulted from a sex crime against a minor.

(i) When a minor who is under the age of sixteen (16) gives birth to an infant umbilical cord blood shall be collected on an FTA Elute MicroCard or equivalent, dried and stored per directions included in the kit.

The instructions within the kit shall direct the storage of said kit to take place in the same storage unit as other rape kits within the healthcare facility. In normal practice, the protocol shall typically require the physician only to apply the sample to the Mircocard or equivalent and then turn it over to a nurse or other individual responsible for custodial care of such instruments to be deposited in the aforementioned storage unit. The same process shall be followed relative to fetal tissue as well. Steps shall be taken and protocols implemented by the healthcare facilities to limit the number of individuals that handle the sample in the course of depositing said sample in the storage unit. Tissue and blood shall not be stored in formalin.
Tissue or wet blood shall be stored in a sterile container at 4 degrees Celsius if the specimen is to be sent to the testing laboratory within two (2) days of collection. Tissue or wet blood shall be stored in a sterile container at a minimum of -10 degrees Celsius if

the specimen is to be sent to the testing laboratory two (2) days or more after collection. FTA cards will be stored according to directions included in the kit.

Documentation of specimen chain of custody shall be carried out in accordance with accepted medico-legal guidelines. Specimens will be treated as evidence with appropriate tamper resistant seals, dates, and initials of collector.
Specimens shall be properly disposed of as biohazardous waste in accordance with guidelines as established by the Mississippi Department of Health and Mississippi Department of Environmental Quality.
A uniform reporting instrument will be utilized by applicable personnel as defined in Miss. Code Ann. § 97-5- 51.
The appropriate law enforcement agency shall be immediately notified when if it is reasonable to suspect a sex crime against a minor has occurred and collected specimens are available for testing. It shall be reasonable to suspect that a sex crime has occurred against a minor if the mother was less than sixteen (16) years of age at the time of conception and at least one (1) of the following conditions also applies:

a. The mother of the infant will not identify the father of the infant;

b. The mother of the infant lists the father of the infant as “Unknown”;

c. The person the mother of the infant identifies as the father of the infant disputes his fatherhood;

d. The person the mother of the infant identifies as the father of the infant is twenty-one (21) years of age or older;

e. The person the mother of the infant identifies as the father of the infant is Deceased.

History

Source: Miss. Code Ann. §§ 45-1- 3, 97-5- 51

31 Miss. Admin. Code Pt. 504, R. 1.2 Reporting Instrument

The Mississippi State Medical Examiner’s Office has developed the following reporting instrument with respect to the collection of forensic samples pursuant to Miss. Code Ann. § 97-5- 51. This form is to be used in conjunction with the collection of fetal tissue when a pregnancy termination is performed on a minor who is less than fourteen (14) years of age at the time of the pregnancy termination procedure or with the collection of cord blood when a minor who is under the age of sixteen (16) gives birth to an infant and if it would be reasonable to assume that the minor’s pregnancy resulted from a sex crime against a minor.

Address (minor): _____________________________________________

Name (guardian/caretaker): ____________________________________

Address (guardian/caretaker): __________________________________

Please check one (1) of the following conditions necessary to complete this form:

The mother of the infant will not identify the father of the infant The mother of the infant lists the father of the infant as “Unknown” The person the mother of the infant identifies as the father of the infant disputes his fatherhood The person the mother of the infant identifies as the father of the infant is twenty-one (21) years of age or older The person the mother of the infant identifies as the father of the infant is deceased Additional information: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

History

Source: Miss. Code Ann. §§ 45-1- 3, 97-5- 51 Name (minor): ______________________________________________

Part 505 Part 505: Crime Lab - Ignition Interlock Device Program

31 Miss. Admin. Code Pt. 505, R. 1.1 Purpose and Scope

The purpose of this ignition interlock document is to establish rules and regulations pursuant to Miss. Code Ann. § 63-11-30 for the certification of ignition interlock devices and the approval of ignition interlock vendors in the state of Mississippi.

History

Source: Miss. Code Ann. § 45-1- 3

31 Miss. Admin. Code Pt. 505, R. 2.1 Definitions

Alcohol – Ethanol or ethyl alcohol
Alcohol concentration – The amount of alcohol in a given amount of breath, expressed in weight per volume (w/v) based upon grams of alcohol per 210 liters (L) of breath. For the purposes of this document, alcohol concentrations given in BrAC are equal to those given in blood alcohol concentration, grams of alcohol per 100 milliliters of blood.
Alveolar air – Also called “deep lung air” or “alveolar breath.” An air sample which is the last portion of a prolonged, uninterrupted exhalation from which breath alcohol concentrations can be determined.
Anti-circumvention feature(s) – any feature or circuitry incorporated into the Ignition Interlock Device (IID) that is designed to prevent human tampering which would cause the device not to operate as intended.
Approval – Meeting and maintaining the requirements of these regulations and placement on the MDPS list of approved devices.
Appropriate judicial authority – a phrase used throughout these regulations that includes personnel or court orders of the Mississippi judicial system including, but not limited to, the court order authorizing installation of an IID, the court (or judge) that authorized that installation, pretrial services authorities (having to do with bail bond requirements in these

matters), adult supervision (or adult probation) authorities, and/or occupational licensing authorities.

Bogus Sample – Any gas sample other than the unaltered, undiluted, or unfiltered alveolar air sample coming from the individual.
Breath alcohol analysis – Analysis of a sample of person’s expired alveolar breath to determine the concentration of alcohol.
BrAC – Breath Alcohol Concentration, grams of alcohol per 210 liters of breath.
Certification – Meeting and maintaining the requirements set forth in these regulations.
Data storage system – A computerized recording of all events monitored by the installed IID, which may be reproduced in the form of required reports.
Emergency bypass – An event that permits the IID equipped vehicle to be started without the requirement of passing the breath test.
Filtered air samples – Any mechanism by which there is an attempt to remove alcohol from the human breath sample.
Free restart – A free restart is the ability to start the engine again, within a reasonable time, without completion of another breath alcohol analysis.
IID – The common abbreviation for Ignition Interlock Device used throughout these regulations
Ignition interlock device (abbreviated in this chapter as IID) – a device that is a breath alcohol analyzer that is connected to a motor vehicle ignition. In order to start the motor vehicle engine, a driver must blow an alveolar breath sample into the analyzer which measures the alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle engine will not start.
Illegal start – The starting of an IID-equipped vehicle without the requisite breath test having been taken and passed.
Interlock – The mechanism which prevents a motor vehicle from starting when the alcohol concentration of a person exceeds a preset value.
Lockout condition – A state wherein the IID will not allow the vehicle to be started until a service representative completes a reset, and restores the IID to a state that will allow the vehicle to be started.
Manufacturer – The actual producer of the device.
Manufacturer’s representative – an individual and /or entity designated by the manufacturer to act on behalf of or represent the manufacturer of a device. May be synonymous with vendor.
Mississippi Department of Public Safety (MDPS) – The Agency for the implementation, administration, and enforcement of the Mississippi Ignition Interlock Device regulations.
Monitoring Authority – Authority designated to receive interlock reports, i.e. judicial, court, probation and MDPS.
Negative result – a test result indicating that the alcohol concentration is less than the startup set point value.
Positive result – A test result indicating that the alcohol concentration meets or exceeds the startup set point value.
Purge – Any mechanism which cleanses or removes a previous breath or reference sample from the device and specifically removes alcohol.
Reference sample device – a device containing a sample of known alcohol concentration.
Reset set point – A pre-set or pre-determined alcohol concentration setting, which is the same (0.02) as the startup set point at which, or above, during a rolling retest, the device will record in the data storage system, the high alcohol result as a violation.
Rolling retest – a subsequent breath test that must be conducted within five (5) minutes after starting the vehicle and randomly during each subsequent thirty (30) minute time period thereafter while the vehicle is in operation.
Rolling retest violation – an event, recorded in the data storage system when the rolling retest requirement is not met.
Service center – The physical location where the service representatives perform their IID services.
Startup set point – A pre-set or pre-determined alcohol concentration setting at which, or above, the device will prevent the ignition of a motor vehicle from operating. That value shall be an alcohol concentration of 0.02 g/210 liters of breath.
Tampering – An overt or conscious attempt to physically disable or otherwise disconnect the IID from its power source and thereby allow the operator to start the engine without taking and passing the requisite breath test. This attempt, whether successful or not, shall be recorded in the data storage system as a violation.
Temporary Lockout – A period of time during which the IID will not allow a breath sample to be delivered or the engine to be started.
Vendor – The person or entity representing the manufacturer(s) of an approved IID and responsible for the day-to-day operations and the continuing certification of an IID service center. Must have manufacturer’s approval for use of a particular approved IID either through purchase or lease agreement. May be synonymous and with manufacturer’s representative.
Violation – Any of several events including but not limited to such things as high alcohol, failure to present a rolling retest or an illegal start.
Violation lockout – An event which causes the device to prompt the participant to return the vehicle to the service center within a specified number of days to perform a violation reset on the IID.
Violation reset – An unscheduled service of the IID by the service center required because an accumulation of violations has reached a number that generates violation lockout. This information shall be reported to the monitoring authority within three working days after the vendor becomes aware of the violation. IID will be restored to a state that will allow the vehicle to be started.

History

Source: Miss. Code Ann. § 45-1- 3

31 Miss. Admin. Code Pt. 505, R. 3.1 Ignition Interlock Device Requirements

The ignition interlock device must be tested by an independent alcohol testing laboratory, and the results submitted to the MSDPS with all costs of the test being the responsibility of the manufacturer or service provider. All ignition interlock devices must, at a minimum, meet or exceed the United States Department of Transportation, National Highway Traffic S afety

Administration (NHTSA) specifications as published in the Federal Register Volume 78, Number 89, Wednesday, May 8, 2013 pages 26849 – 26876. In addition to the NHTSA specifications any proposed IID must be based upon electro-chemical fuel cell sensor technology. These specifications include, but are not limited to the following: 1. The ignition interlock device shall be able to analyze a specimen of alveolar breath for alcohol concentration.

The ignition interlock device shall indicate when a sufficient sample of breath has been collected and shall indicate this by audible or visual means.
The results of the test shall be noted through the use of pass/fail signals. There shall be no numerical BrAC level displayed.
The ignition interlock device shall lockout a driver when an alcohol concentration of .02 grams of alcohol/210 liters or higher of breath is detected.
The ignition interlock device shall have the ability to detect and record attempts to tamper, alter, or bypass the device and any violations such as an alcohol concentration of above 0.02 grams of alcohol/210 liters of breath (BrAC).
The ignition interlock device shall have the ability to prevent operation of the motor vehicle by a participant who fails to retest or fails to appear at a scheduled monitoring appointment.
The ignition interlock device shall issue a warning of an impending lockout.
The ignition interlock device must be capable of random re-testing and timed re-testing. A subsequent breath test will be conducted within 5 minutes after starting the vehicle and every 30 minutes while the vehicle is in operation. During the rolling retest, the retest set point shall be the same as the startup set point. A warning light and/or tone shall alert the driver of 5 minutes until retest. If the engine is shut down after or during the 5 minute warning but before retesting, the retest clock shall not be reset.
The startup set point value for the interlock device shall be an alcohol concentration of 0.02 g/210 liters of breath. The accuracy of the device shall be plus or minus 0.005 g/210 liters of breath.
A negative breath alcohol test shall enable the ignition relay. The IID shall allow two ( 2) minutes from the time the ignition is enabled to start the vehicle. In the event of a stall, the device will allow the vehicle to be restarted within two (2) minutes without a retest.
If the initial test results in a lockout is due to the operator’s BrAC level, the device shall not allow an additional attempt for fifteen (15) minutes. If the operator’s BrAC remains too high, the machine shall lockout for an additional fifteen ( 15) minutes.
Failure to take a retest is a violation and is recorded by the device.
If the result of the retest is higher than the fail point, the device shall enter the violation lockout which shall be reported to the MSDPS by the service provider.
The ignition interlock device must be capable of thwarting attempts at evasion or circumvention with the use of bogus or filtered breath.
The IID shall have the following operational features:

a. The device shall be designed to permit a free restart of a motor vehicle’s ignition within two (2) minutes after the ignition has been shut off, without requiring a further alcohol analysis.

b. The device shall also automatically purge alcohol before allowing subsequent analyses.

c. The device shall have a data storage system of sufficient capacity to record and maintain all daily driving activities for the 30 day monitoring period.

Anti-circumvention:

a. Anti-circumvention provisions shall include, but not be limited to, prevention or preservation of evidence of cheating by attempting to use bogus or filtered breath samples or bypassing the breath sampling requirements of the device electronically.

b. The device may use special seals or other methods that record attempts to bypass anti- circumvention provisions.

c. The device shall be checked for evidence of tampering at least every service appointment or more frequently if the need arises.

i. When evidence of tampering is discovered, the appropriate monitoring authority shall be notified in writing and these records shall be made available upon request to MDPS.

A warning label containing the following language shall be affixed to each device: “Any individual tampering, circumventing, or misusing this device shall be subject to prosecution and/or civil liability.”
Manufacturers shall provide to the MDPS with each device submitted for approval a precise set of specifications which describe the features of the device concerned in the evaluation of its performance. A set of detailed operating instructions shall be supplied with each device.
The manufacturer shall provide a signed statement that the manufacturer shall indemnify and hold harmless the State of Mississippi, the MDPS and its officers, employees, and agents from all claims, demands, and actions, as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer or their representative relating to the installation, service, repair, use and/or removal of an IID.
The ignition interlock device shall record any attempt to start the vehicle without first taking the breath test,
The ignition interlock device shall warn the driver of upcoming service appointments for five (5) days prior to the appointment. Should the participant fail to appear, the device shall lockout after the missed scheduled appointment and the vehicle shall not be operable until the service provider has reset the device.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 4 Ignition Interlock Installation Requirements

31 Miss. Admin. Code Pt. 505, R. 4.1 Ignition Interlock Installation Requirements

The service provider must demonstrate the ability to install and remove devices according to the following guidelines: 1. A service provider must inspect all vehicles prior to installation to determine that mechanical and electrical parts of the vehicle that are and will be affected by the ignition interlock device are in acceptable condition and no device shall be installed until the vehicle is capable of such installation.

Installations shall be made in a professional manner in accordance with acceptable industry standards. All electrical connections made to the vehicle shall be permanent.
Each installation shall include tamper resistant features required by the service provider and the MDPS which include, but which are not limited to the following:

a. A unique and identifiable tamper seal at electrical connections for the device.

Installations shall be performed in locations approved by the MDPS and conducted by individuals trained by the service provider.
Upon installation, the service provider shall convey to the monitoring authority the following:

a. The name, address and telephone number of the participant.

b. The owner, make, model, year, vehicle identification number on any vehicle in which a device was installed.

c. The serial number of the device installed.

Removal of the devices must be done in such a manner as to return the vehicle to normal operating condition.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 5 Service and Monitoring Requirements

31 Miss. Admin. Code Pt. 505, R. 5.1 Service and Monitoring Requirements

The service provider must demonstrate an ability to provide effective and efficient service to the motor vehicles and convey the necessary information for ignition interlock device to the MDPS in according to the following requirements: 1. Servicing, inspection and monitoring of each installed device shall occur within thirty (30) days after the initial installation and every thirty days thereafter.

The device shall be calibrated at least once every thirty (30 days).
The service provider shall maintain records on every participant including results of every monitoring check.
Within three (3) calendar days of the scheduled monitoring check, the service provider shall have conveyed to the MDPS all the data concerning:

a. Name of the participant.

b. Date of the next scheduled monitoring visit.

c. Data collected during the 30 day monitoring period.

Within one (1) business day of performing the monitoring check, the service provider shall report to the MDPS any evidence of:

a. Altering, tampering with, bypassing, or removal of the device.

b. Any failure to abide by the terms and conditions of the program, including failure to appear for the monitoring visit.

c. Five (5) or more lockouts or other violations within the 30 day monitoring period which may include BrAC failures, retest failures, power interruptions, failure to take a random or timed retest.

The service provider shall be available to answer all questions and handle any mechanical problems relating to the device in the vehicle or repair or replace an inoperable or malfunctioning ignition interlock device during normal business hours.
The service provider shall provide a twenty-four (24) toll-free phone number to all participants for emergencies.
Emergency by-passes are not permitted.
All interlock services must be performed at an authorized service center.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 6 Orientation of Participant Requirements

31 Miss. Admin. Code Pt. 505, R. 6.1 Orientation of Participant Requirements

The service provider must demonstrate the ability to provide efficient and effective service to the participants of the program according to the following guidelines:

The service provider shall train participants who will drive the vehicle on the use of the ignition interlock device.
A reference and problem solving guide shall be given to participants at the time of installation. The guide shall include information on the location of service centers, servicing procedures, emergency procedures and how the device detects non-compliance. In addition, the guide should include the type of vehicle malfunctions or repairs that might affect the ignition interlock device and what to do when such reports are necessary and provide the twenty-four (24) hour toll free telephone number in the event of device failure or vehicle problems related to the interlock device.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 7 Facility and Personnel Requirements

31 Miss. Admin. Code Pt. 505, R. 7.1 Facility and Personnel Requirements

A successful vendor must demonstrate the ability to establish service centers and employ personnel according to the following guidelines: 1. Locations for service centers shall be within the geographical boundaries of the state of Mississippi and approved by the MDPS. All service centers shall be operational at the time of start-up for the program. Service must be in a fixed location and facility.

Service centers shall be easily accessible and open during normal business hours and may be flexible to meet the needs of participants.
Adequate security measures shall be taken to ensure that unauthorized personnel cannot gain access to secured materials.
Service centers shall be constructed in such a manner that the participant or any other unauthorized personnel cannot witness the installation and servicing of the ignition interlock device.
Personnel who work for the service provider shall be subject to having both a criminal record check and a driver’s license record check by the MDPS.
Personnel shall be trained by the service provider to install, remove and access data.

History

Source: Miss. Code Ann. § 45-1- 3

31 Miss. Admin. Code Pt. 505, R. 8.1 Required Dissemination of Information

The service provider will be responsible for providing information regarding the program’s participants, complaints or concerns, technical problems encountered when requested by the MDPS.
The service provider shall inform the MDPS of any hardware modifications to the ignition interlock device undertaken by the manufacturer.
The service provider shall provide to the MDPS proof of installation and the results of servicing.
The service provider shall provide public information to interested applicants concerning the device and costs of the program.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 9 Program Fees

31 Miss. Admin. Code Pt. 505, R. 9.1 Program Fees

The costs for leasing, monitoring, servicing, installation, and removing shall be the responsibility of the program participant.
The fees for leasing or buying, monitoring, servicing, installation and removal of the ignition interlock device shall be a reasonable rate.

a. Non-indigent Participant

i. The fee for installation of ignition interlock devices shall not exceed $150.

ii. Approved ignition interlock installers shall charge reasonable and customary fees not to exceed a total of $100 per month for leasing, monitoring, and maintaining devices.

iii. Approved ignition interlock installers shall charge reasonable and customary fees, not to exceed a total of $70 for the removal of devices.

iv. The fee for periodic inspections, calibrations or repair shall not exceed $70.

b. Indigent Participant Pursuant to Mississippi Code Annotated § 63-11-31, the Mississippi Department of Public Safety shall pay to the vendor for one (1) vehicle per offender:

i. Installation of ignition interlock devices shall not exceed $50;

ii. Leasing, monitoring, and maintaining devices shall not exceed $50;

iii. Ignition Interlock device removal shall not exceed $30.

iv. Manufacturer Ignition Interlock Device annual certification fee is $1,000 per model.

v. Service Center location fee is $100 annually per location.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 10 Application Procedures

31 Miss. Admin. Code Pt. 505, R. 10.1 Application Procedures

The Department of Public Safety annually certifies all vendors that provide ignition interlock services in the state of Mississippi. 1. Application for approval as an authorized service provider must be made by submitting a letter requesting approval of a breath alcohol ignition interlock device to the Mississippi Department of Public Safety, Implied Consent Section, 1700 East Woodrow Wilson, Jackson, MS 39216, in a manner as described herein.

a. Submit a complete application for certification and remit the appropriate fee.

b. Provide a lab certification demonstrating the device meets or exceeds the most current National Highway Traffic Safety Administration (NHTSA) Model Specifications for Breath Alcohol Ignition Interlock Devices – 78 FR 26862 (2013-05-08)

c. Provide a certificate of insurance, issued by an insurance company authorized to conduct business in Mississippi, specifying:

i. A product liability policy shall indemnify and hold harmless the state of Mississippi from any and all claims with a current effective date;

ii. The name and model number of the device model covered by the policy;

iii. Policy coverage of at least one million dollars ($1,000,000) per occurrence and three million ($3,000,000) in the aggregate;

iv. The manufacturer as the insured and the state of Mississippi as an additional insured;

v. Product liability coverage for defects in manufacture, materials, design, calibration, installation and operation of the device; and

vi. Notification to the MDPS of at least forty-five (45) day prior written notice of cancellation, material change, or intent to lapse.

Device shall use fuel cell technology for breath alcohol test. Devices equipped with cameras, real-time reporting and /or global positioning systems will be accepted for approval.
A description of all anti-circumvention features to be utilized in Mississippi.
A written set of detailed operating instructions including installation, monitoring and removal procedures, a copy of any training information given to the participants, written or video.
Submit a list of physical addresses of planned installation service centers in Mississippi.
The twenty-four (24) hour toll free telephone number for emergencies resulting from the operation or use of the ignition interlock device.
Agree to ensure proper record maintenance and provide testimony relating to any aspect of the installation, service, repair, use, removal, and interpretation of any report or information recorded in the data storage system of a device or performance of any other duties required at no cost on behalf of the state of Mississippi.
The MDPS may perform compliance testing on the device submitted for certification.
Certification will expire on June 30 th of each year. Renewal applications will be accepted sixty (60) days prior to expiration date.
Ignition interlock device certification fee is $1,000.

Mississippi Department of Public Safety Ignition Interlock Indigent Form Program Participant: Please Print First Name: __________________Middle Name: _____________Last Name: ____________ Address:_________________________City:____________State:Zip: Home Phone: ____Work Phone: __________________ Employer: Address: Driver’s License Number: _______________________Date of Birth: ______________________ Indigence is determined based on proof of enrollment in one or more of the following types of assistance: Check applicable items and attach appropriate documentation. 1.Temporary Assistance for Needy Families, TANF □ 2.Medicaid assistance □ 3.The Supplemental Nutritional Assistance Program, SNAP □ 4.Supplemental security income, SSI □ 5.Participation in a federal food distribution □ 6.Federal housing assistance □ 7.Unemployment compensation □ 8.Other criteria approved by the Mississippi Department of Public Safety □

Part 505 Chapter 12 Ignition Interlock Installation Form Rule 12.1 Ignition Interlock Installation Form

Mississippi Department of Public Safety Ignition Interlock Installation Form Program Participant: Please Print First Name: __________________Middle Name: _____________Last Name: ____________ Address:_________________________City:_______________State:Zip: Home Phone: ____Work Phone: __________________ Employer: Address: Driver’s License Number: ______________________Date of Birth: ___________________ Monitoring Authority: Please Print Docket #:Judge: Court: _____________________ Probation Officer: __________________Phone: _______________Fax: ________________ Vendor: Please Print (completed by the installer) Vendor Name: __________________________ Vendor Location: _________________________ Participant File Name: _____________Tag #:VIN : Year/Make/Model and Make of Vehicle: _________________Color of Vehicle: __________

Install Date: Term of Interlock Device:_________

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 11 Ignition Interlock Indigent Form Rule 11.1 Ignition Interlock Indigent Form
Source: Miss. Code Ann. § 45-1- 3
Source: Miss. Code Ann. § 45-1- 3

31 Miss. Admin. Code Pt. 505, R. 13.1 Ignition Interlock Device Approval Application

Ignition Interlock Device Approval Application Section 1 – Manufacturer Information

Full legal name (entity that manufactures the ignition interlock device model submitted for approval)

Physical address (entity that manufactures the ignition interlock device model submitted for approval)

________________________________________________________________________________ Mailing address (entity that manufactures the ignition interlock device model submitted for approval)

____________________________________ ___________________________________ Manufacturer entity telephone number Manufacturer entity fax number

Manufacturer web address

Section 2 – Manufacturer Representative/Vendor

___________________________________ ________________________________ Name of Manufacturer Representative Title

______________________________________ ___________________________________ Telephone number E-mail address

Section 3 – Certification Certification is requested by the Department of Public Safety for the following ignition interlock device: Ignition Interlock Device Manufacturer Name, Model and Version (list camera if applicable)

Section 4 – Required Items

□Completed application for certification □Administrative fee attached. A certified check, cashier’s check or money order in the amount of $1000.00 made payable to the Department of Public Safety. □A notarized affidavit from a testing laboratory that includes: □The name of the laboratory □The address and telephone number of the testing laboratory □A copy of the applicable accreditation certificate for the testing laboratory □A description of all anti-circumvention features to be used in Mississippi □The Quality Assurance Plan created in accordance with the most current National Highway Traffic Safety Administration (NHTSA) Model specifications for Breath Alcohol Ignition Interlock Devices (BAIID) 78FR 26862 (2013-05-08) □Certificate of insurance issued in accordance with MS DPS requirements

Section 5 – Signature and Date

My signature below, certifies, the information given in this application and all accompanying documents is true and correct to the best of my knowledge and ability.

__________________________________ _________________________ Manufacturer Representative‘s signature Date

DO NOT WRITE BELOW THIS LINE

Reviewed by ____________________________________ Date ______________________

□Approved □Denied Manufacturer series number_________________

Reviewer’s Comments_______________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

History

Source: Miss. Code Ann. § 45-1- 3

31 Miss. Admin. Code Pt. 505, R. 1.1 Purpose and Scope

History

Source: Miss. Code Ann. § 45-1- 3

31 Miss. Admin. Code Pt. 505, R. 2.1 Definitions

Alcohol – Ethanol or ethyl alcohol
Alcohol concentration – The amount of alcohol in a given amount of breath, expressed in weight per volume (w/v) based upon grams of alcohol per 210 liters (L) of breath. For the purposes of this document, alcohol concentrations given in BrAC are equal to those given in blood alcohol concentration, grams of alcohol per 100 milliliters of blood.
Alveolar air – Also called “deep lung air” or “alveolar breath.” An air sample which is the last portion of a prolonged, uninterrupted exhalation from which breath alcohol concentrations can be determined.
Anti-circumvention feature(s) – any feature or circuitry incorporated into the Ignition Interlock Device (IID) that is designed to prevent human tampering which would cause the device not to operate as intended.
Approval – Meeting and maintaining the requirements of these regulations and placement on the MDPS list of approved devices.
Appropriate judicial authority – a phrase used throughout these regulations that includes personnel or court orders of the Mississippi judicial system including, but not limited to, the court order authorizing installation of an IID, the court (or judge) that authorized that installation, pretrial services authorities (having to do with bail bond requirements in these

matters), adult supervision (or adult probation) authorities, and/or occupational licensing authorities.

Bogus Sample – Any gas sample other than the unaltered, undiluted, or unfiltered alveolar air sample coming from the individual.
Breath alcohol analysis – Analysis of a sample of person’s expired alveolar breath to determine the concentration of alcohol.
BrAC – Breath Alcohol Concentration, grams of alcohol per 210 liters of breath.
Certification – Meeting and maintaining the requirements set forth in these regulations.
Data storage system – A computerized recording of all events monitored by the installed IID, which may be reproduced in the form of required reports.
Emergency bypass – An event that permits the IID equipped vehicle to be started without the requirement of passing the breath test.
Filtered air samples – Any mechanism by which there is an attempt to remove alcohol from the human breath sample.
Free restart – A free restart is the ability to start the engine again, within a reasonable time, without completion of another breath alcohol analysis.
IID – The common abbreviation for Ignition Interlock Device used throughout these regulations
Ignition interlock device (abbreviated in this chapter as IID) – a device that is a breath alcohol analyzer that is connected to a motor vehicle ignition. In order to start the motor vehicle engine, a driver must blow an alveolar breath sample into the analyzer which measures the alcohol concentration. If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle engine will not start.
Illegal start – The starting of an IID-equipped vehicle without the requisite breath test having been taken and passed.
Interlock – The mechanism which prevents a motor vehicle from starting when the alcohol concentration of a person exceeds a preset value.
Lockout condition – A state wherein the IID will not allow the vehicle to be started until a service representative completes a reset, and restores the IID to a state that will allow the vehicle to be started.
Manufacturer – The actual producer of the device.
Manufacturer’s representative – an individual and /or entity designated by the manufacturer to act on behalf of or represent the manufacturer of a device. May be synonymous with vendor.
Mississippi Department of Public Safety (MDPS) – The Agency for the implementation, administration, and enforcement of the Mississippi Ignition Interlock Device regulations.
Monitoring Authority – Authority designated to receive interlock reports, i.e. judicial, court, probation and MDPS.
Negative result – a test result indicating that the alcohol concentration is less than the startup set point value.
Positive result – A test result indicating that the alcohol concentration meets or exceeds the startup set point value.
Purge – Any mechanism which cleanses or removes a previous breath or reference sample from the device and specifically removes alcohol.
Reference sample device – a device containing a sample of known alcohol concentration.
Reset set point – A pre-set or pre-determined alcohol concentration setting, which is the same (0.02) as the startup set point at which, or above, during a rolling retest, the device will record in the data storage system, the high alcohol result as a violation.
Rolling retest – a subsequent breath test that must be conducted within five (5) minutes after starting the vehicle and randomly during each subsequent thirty (30) minute time period thereafter while the vehicle is in operation.
Rolling retest violation – an event, recorded in the data storage system when the rolling retest requirement is not met.
Service center – The physical location where the service representatives perform their IID services.
Startup set point – A pre-set or pre-determined alcohol concentration setting at which, or above, the device will prevent the ignition of a motor vehicle from operating. That value shall be an alcohol concentration of 0.02 g/210 liters of breath.
Tampering – An overt or conscious attempt to physically disable or otherwise disconnect the IID from its power source and thereby allow the operator to start the engine without taking and passing the requisite breath test. This attempt, whether successful or not, shall be recorded in the data storage system as a violation.
Temporary Lockout – A period of time during which the IID will not allow a breath sample to be delivered or the engine to be started.
Vendor – The person or entity representing the manufacturer(s) of an approved IID and responsible for the day-to-day operations and the continuing certification of an IID service center. Must have manufacturer’s approval for use of a particular approved IID either through purchase or lease agreement. May be synonymous and with manufacturer’s representative.
Violation – Any of several events including but not limited to such things as high alcohol, failure to present a rolling retest or an illegal start.
Violation lockout – An event which causes the device to prompt the participant to return the vehicle to the service center within a specified number of days to perform a violation reset on the IID.
Violation reset – An unscheduled service of the IID by the service center required because an accumulation of violations has reached a number that generates violation lockout. This information shall be reported to the monitoring authority within three working days after the vendor becomes aware of the violation. IID will be restored to a state that will allow the vehicle to be started.

History

Source: Miss. Code Ann. § 45-1- 3

31 Miss. Admin. Code Pt. 505, R. 3.1 Ignition Interlock Device Requirements

The ignition interlock device shall indicate when a sufficient sample of breath has been collected and shall indicate this by audible or visual means.
The results of the test shall be noted through the use of pass/fail signals. There shall be no numerical BrAC level displayed.
The ignition interlock device shall lockout a driver when an alcohol concentration of .02 grams of alcohol/210 liters or higher of breath is detected.
The ignition interlock device shall have the ability to detect and record attempts to tamper, alter, or bypass the device and any violations such as an alcohol concentration of above 0.02 grams of alcohol/210 liters of breath (BrAC).
The ignition interlock device shall have the ability to prevent operation of the motor vehicle by a participant who fails to retest or fails to appear at a scheduled monitoring appointment.
The ignition interlock device shall issue a warning of an impending lockout.
The ignition interlock device must be capable of random re-testing and timed re-testing. A subsequent breath test will be conducted within 5 minutes after starting the vehicle and every 30 minutes while the vehicle is in operation. During the rolling retest, the retest set point shall be the same as the startup set point. A warning light and/or tone shall alert the driver of 5 minutes until retest. If the engine is shut down after or during the 5 minute warning but before retesting, the retest clock shall not be reset.
The startup set point value for the interlock device shall be an alcohol concentration of 0.02 g/210 liters of breath. The accuracy of the device shall be plus or minus 0.005 g/210 liters of breath.
A negative breath alcohol test shall enable the ignition relay. The IID shall allow two (2) minutes from the time the ignition is enabled to start the vehicle. In the event of a stall, the device will allow the vehicle to be restarted within two (2) minutes without a retest.
If the initial test results in a lockout is due to the operator’s BrAC level, the device shall not allow an additional attempt for fifteen (15) minutes. If the operator’s BrAC remains too high, the machine shall lockout for an additional fifteen (15) minutes.
Failure to take a retest shall cause the device to enter the violation lockout and shall cause the interlock to disable the ignition when the vehicle is turned off.
If the result of the retest is higher than the fail point, the device shall enter the violation lockout which shall be reported to the MSDPS by the service provider.
The ignition interlock device must be capable of thwarting attempts at evasion or circumvention with the use of bogus or filtered breath.
The IID shall have the following operational features:

a. The device shall be designed to permit a free restart of a motor vehicle’s ignition within two (2) minutes after the ignition has been shut off, without requiring a further alcohol analysis.

b. The device shall also automatically purge alcohol before allowing subsequent analyses.

c. The device shall have a data storage system of sufficient capacity to record and maintain all daily driving activities for the 30 day monitoring period.

Anti-circumvention:

b. The device may use special seals or other methods that record attempts to bypass anti- circumvention provisions.

c. The device shall be checked for evidence of tampering at least every service appointment or more frequently if the need arises.

i. When evidence of tampering is discovered, the appropriate monitoring authority shall be notified in writing and these records shall be made available upon request to MDPS.

A warning label containing the following language shall be affixed to each device: “Any individual tampering, circumventing, or misusing this device shall be subject to prosecution and/or civil liability.”
Manufacturers shall provide to the MDPS with each device submitted for approval a precise set of specifications which describe the features of the device concerned in the evaluation of its performance. A set of detailed operating instructions shall be supplied with each device.
The manufacturer shall provide a signed statement that the manufacturer shall indemnify and hold harmless the State of Mississippi, the MDPS and its officers, employees, and agents from all claims, demands, and actions, as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the manufacturer or their representative relating to the installation, service, repair, use and/or removal of an IID.
The ignition interlock device shall record any attempt to start the vehicle without first taking the breath test,
The ignition interlock device shall warn the driver of upcoming service appointments for five (5) days prior to the appointment. Should the participant fail to appear, the device shall lockout after the missed scheduled appointment and the vehicle shall not be operable until the service provider has reset the device.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 4 Ignition Interlock Installation Requirements

31 Miss. Admin. Code Pt. 505, R. 4.1 Ignition Interlock Installation Requirements

Installations shall be made in a professional manner in accordance with acceptable industry standards. All electrical connections made to the vehicle shall be permanent.
Each installation shall include tamper resistant features required by the service provider and the MDPS which include, but which are not limited to the following:

a. A unique and identifiable tamper seal at electrical connections for the device.

Installations shall be performed in locations approved by the MDPS and conducted by individuals trained by the service provider.
Upon installation, the service provider shall convey to the monitoring authority the following:

a. The name, address and telephone number of the participant.

b. The owner, make, model, year, vehicle identification number on any vehicle in which a device was installed.

c. The serial number of the device installed.

Removal of the devices must be done in such a manner as to return the vehicle to normal operating condition.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 5 Service and Monitoring Requirements

31 Miss. Admin. Code Pt. 505, R. 5.1 Service and Monitoring Requirements

The device shall be calibrated at least once every thirty (30 days).
The service provider shall maintain records on every participant including results of every monitoring check.
Within three (3) calendar days of the scheduled monitoring check, the service provider shall have conveyed to the MDPS all the data concerning:

a. Name of the participant.

b. Date of the next scheduled monitoring visit.

c. Data collected during the 30 day monitoring period.

Within one (1) business day of performing the monitoring check, the service provider shall report to the MDPS any evidence of:

a. Altering, tampering with, bypassing, or removal of the device.

b. Any failure to abide by the terms and conditions of the program, including failure to appear for the monitoring visit.

c. Five (5) or more lockouts or other violations within the 30 day monitoring period which may include BrAC failures, retest failures, power interruptions, failure to take a random or timed retest.

The service provider shall be available to answer all questions and handle any mechanical problems relating to the device in the vehicle or repair or replace an inoperable or malfunctioning ignition interlock device during normal business hours.
The service provider shall provide a twenty-four (24) toll-free phone number to all participants for emergencies.
Emergency by-passes are not permitted.
All interlock services must be performed at an authorized service center.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 6 Orientation of Participant Requirements

31 Miss. Admin. Code Pt. 505, R. 6.1 Orientation of Participant Requirements

The service provider must demonstrate the ability to provide efficient and effective service to the participants of the program according to the following guidelines:

The service provider shall train participants who will drive the vehicle on the use of the ignition interlock device.
A reference and problem solving guide shall be given to participants at the time of installation. The guide shall include information on the location of service centers, servicing procedures, emergency procedures and how the device detects non-compliance. In addition, the guide should include the type of vehicle malfunctions or repairs that might affect the ignition interlock device and what to do when such reports are necessary and provide the twenty-four (24) hour toll free telephone number in the event of device failure or vehicle problems related to the interlock device.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 7 Facility and Personnel Requirements

31 Miss. Admin. Code Pt. 505, R. 7.1 Facility and Personnel Requirements

Service centers shall be easily accessible and open during normal business hours and may be flexible to meet the needs of participants.
Adequate security measures shall be taken to ensure that unauthorized personnel cannot gain access to secured materials.
Service centers shall be constructed in such a manner that the participant or any other unauthorized personnel cannot witness the installation and servicing of the ignition interlock device.
Personnel who work for the service provider shall be subject to having both a criminal record check and a driver’s license record check by the MDPS.
Personnel shall be trained by the service provider to install, remove and access data.

History

Source: Miss. Code Ann. § 45-1- 3

31 Miss. Admin. Code Pt. 505, R. 8.1 Required Dissemination of Information

The service provider will be responsible for providing information regarding the program’s participants, complaints or concerns, technical problems encountered when requested by the MDPS.
The service provider shall inform the MDPS of any hardware modifications to the ignition interlock device undertaken by the manufacturer.
The service provider shall provide to the MDPS proof of installation and the results of servicing.
The service provider shall provide public information to interested applicants concerning the device and costs of the program.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 9 Program Fees

31 Miss. Admin. Code Pt. 505, R. 9.1 Program Fees

The costs for leasing, monitoring, servicing, installation, and removing shall be the responsibility of the program participant.
The fees for leasing or buying, monitoring, servicing, installation and removal of the ignition interlock device shall be a reasonable rate.

a. Non-indigent Participant

i. The fee for installation of ignition interlock devices shall not exceed $150.

ii. Approved ignition interlock installers shall charge reasonable and customary fees not to exceed a total of $100 per month for leasing, monitoring, and maintaining devices.

iii. Approved ignition interlock installers shall charge reasonable and customary fees, not to exceed a total of $70 for the removal of devices.

iv. The fee for periodic inspections, calibrations or repair shall not exceed $70.

b. Indigent Participant Pursuant to Mississippi Code Annotated § 63-11-31, the Mississippi Department of Public Safety shall pay to the vendor for one (1) vehicle per offender: i. Installation of ignition interlock devices shall not exceed $50;

ii. Leasing, monitoring, and maintaining devices shall not exceed $50;

iii. Ignition Interlock device removal shall not exceed $30.

iv. Manufacturer Ignition Interlock Device annual certification fee is $1,000 per model.

v. Service Center location fee is $100 annually per location.

History

Source: Miss. Code Ann. § 45-1- 3 Part 505 Chapter 10 Application Procedures