Section 2.30. Training requirements for peace officers

1.  Every  peace officer in the state of New York, appointed after the
  effective date of this article, who works a  full  complement  of  hours
  which  constitutes full-time employment for the officer's employer, must
  successfully complete a training program, a portion of  which  shall  be
  prescribed by the municipal police training council and by his employer,
  the  state  or  local  agency,  unit of local government, state or local
  commission, or public authority or  private  organization  that  employs
  him.  The  portion  prescribed  by the municipal police training council
  shall be comprised of subjects, and the hours each is to be taught, that
  shall be required of all types or classes of peace officers.  The  hours
  of  instruction  required by the municipal police training council shall
  not exceed thirty-five, unless a greater amount is  either  required  by
  law or regulation, or is requested by the employer.
    The  segment  prescribed  by  the  employer for his employees shall be
  comprised of subjects, and the hours each is to be taught,  relating  to
  the  special nature of the duties of the peace officers employed by him.
  Each state or local agency, unit of local  government,  state  or  local
  commission, or public authority, or public or private organization which
  employs  peace  officers  shall  provide  the  training mandated by this
  section, and transmit to the municipal police  training  council  within
  six  months  after  the  effective  date  of  this  article the proposed
  training program for peace officers, comprised of subjects  required  by
  the  employer,  the  cost  of  which  will be borne by the employer. The
  program shall:
    (a) List the subjects  comprising  the  proposed  curriculum  and  the
  number of hours each is to be taught;
    (b)  List  the  proposed  instructors  for  each  subject  with  their
  qualifications; and
    (c) Indicate the proposed location of the school.
    In the reviewing of the employer's submission, the instructors must be
  found qualified by background and  experience,  and  if  so  found,  the
  course shall be certified by the municipal police training council. When
  the subjects prescribed by the employer are identical to the subjects in
  the  training program required by the municipal police training council,
  the officer shall not be required to take duplicate training  for  those
  subjects.  It  is  the  responsibility  of every employer to provide the
  training program certified by the  municipal  police  training  council.
  Each peace officer satisfactorily completing the course shall be awarded
  a  certificate by the division of criminal justice services attesting to
  that effect, and no person  appointed  as  a  peace  officer  after  the
  effective  date  of  this  article  shall exercise the powers of a peace
  officer, unless he has received such certification within twelve  months
  of  appointment.  Where  an  employer  has authorized a peace officer to
  carry or use a weapon during any phase of the officer's official duties,
  which constitutes on-duty employment, the program shall include the same
  number of hours of instruction in deadly physical force and the  use  of
  firearms  and other weapons as is required in the basic training program
  for police officers  by  the  municipal  police  training  council.  The
  program  shall include the information set forth in subdivision seven of
  section 265.10 of the penal law.  No  employer  shall  allow  any  peace
  officer, notwithstanding when the officer was appointed, to carry or use
  a  weapon  during  any  phase  of  the  officer's official duties, which
  constitutes on-duty employment, unless the  officer  has  satisfactorily
  completed a course of training approved by the municipal police training
  council  in  the  use  of  deadly  physical force and firearms and other
  weapons, and annually receives instruction in deadly physical force  and
  the  use  of  firearms  and  other  weapons as approved by the municipal

  police training council. The course of training in  the  use  of  deadly
  physical  force  and firearms and other weapons shall be provided by the
  officer's employer, not later than six months from the date on which the
  officer was appointed, where the officer is authorized to carry a weapon
  pursuant to law.
    2.  Upon  the  failure  or  refusal to comply with the requirements of
  subdivision one of this section, the commissioner  of  the  division  of
  criminal  justice services shall apply to the supreme court for an order
  directed to the  person  responsible  requiring  compliance.  Upon  such
  application,  the  court  may  issue  such  order  as may be just, and a
  failure to comply with the order of the court shall  be  a  contempt  of
  court and punishable as such.
    3.  Any  individual  who is a peace officer or a New York city special
  patrolman on the effective date of this article and has previously taken
  a formalized course of training while a peace officer or a New York city
  special patrolman, may  apply,  in  writing,  to  the  municipal  police
  training  council for certification. The application shall be granted or
  denied for reasons specifically and concisely stated in writing, and  if
  granted,  the  exact extent of any waiver of the training then presently
  required for new appointees shall be set forth. The certification  shall
  be granted only if the municipal police training council determines that
  the  course  of  training  previously  taken  by  the  applicant  is  in
  substantial compliance with the training then presently required for new
  appointees.
    When an application is denied, it is the responsibility of the officer
  to  obtain  the  training  that  is  required   in   order   to   obtain
  certification.  When  a  peace  officer  meets the training requirements
  specified herein, the division of criminal justice services shall  issue
  that   person   a   certificate  attesting  to  the  fact  that  he  has
  satisfactorily completed the required training.
    4. Any peace officer  appointed  after  the  effective  date  of  this
  article  who  normally works on a part-time basis for less than the full
  complement of hours which  would  constitute  full-time  employment  for
  their  position  as determined by their employer, shall receive training
  which may, in whole or in part, be in-service training. The  portion  of
  the  training  program required by the municipal police training council
  shall not exceed ten hours of instruction. The segment of  the  training
  program  prescribed  by the employer shall be comprised of subjects, and
  the hours each is to be taught, relating to the special  nature  of  the
  duties of the peace officers employed by him. Every employer who employs
  part-time peace officers shall transmit to the municipal police training
  council  within  six months after the effective date of this article the
  proposed training program for  its  officers,  in  accordance  with  the
  procedure and requirements set forth in subdivision one of this section.
  Each  peace  officer satisfactorily completing the training requirements
  shall be issued a  certificate  by  the  division  of  criminal  justice
  services attesting to that effect.
    5.  Every  employer  of  peace  officers  shall annually report to the
  municipal police training council, in such form and at such time as  the
  council  may by regulation require, the names and addresses of all peace
  officers who  have,  during  the  course  of  the  year,  satisfactorily
  completed any of the training requirements prescribed by this section.
    6.  A certificate attesting to satisfactory completion of the training
  requirements imposed under this section awarded to any peace officer  by
  the executive director of the municipal police training council pursuant
  to this section shall remain valid:
    (a) during the holder's continuous service as a peace officer; and

    (b)   for  two  years  after  the  date  of  the  commencement  of  an
  interruption in such service where the holder had, immediately prior  to
  such  interruption,  served  as  a  peace  officer  for  less  than  two
  consecutive years; or
    (c)  for  four  years  after  the  date  of  the  commencement  of  an
  interruption in such service where the holder had, immediately prior  to
  such  interruption,  served as a peace officer for two consecutive years
  or longer.
    As used in this subdivision, the  term  "interruption"  shall  mean  a
  period  of  separation  from  employment as a peace officer by reason of
  such officer's leave of absence,  resignation  or  removal,  other  than
  removal for cause.