Nev. Admin. Code § 289.230 - Basic or reserve certificate: Requirements for maintaining certificate and resuming duties
1. Except as
otherwise provided in subsections 7 and 8, to maintain a basic certificate or
reserve certificate, the officer must annually:
(a) Satisfy the requirements of subsection 5;
and
(b) Complete not less than 12
hours of continuing education in courses that address:
(1) Racial profiling;
(2) Mental health, including, without
limitation, crisis intervention;
(3) The well-being of officers;
(4) Implicit bias recognition;
(5) De-escalation;
(6) Human trafficking; and
(7) Firearms.
2. The employing agency shall ensure that its
officers comply with the requirements of subsection 1. The employing agency
shall notify each officer of the requirements of this section and the penalties
set forth in subsection 4 for failure to comply with this section. After an
officer completes the requirements of subsection 1, the employing agency shall
submit to the Executive Director by any means approved by the Executive
Director verification that the officer has completed those requirements.
Verification must be submitted on or before December 31 of the year in which
the officer was required to complete the requirements of subsection
1.
3. If the Executive Director has
not received verification that an officer has completed the requirements of
subsection 1 on or before December 31 of the year in which the officer was
required to complete those requirements, the Executive Director shall notify
the administrator of the employing agency that he or she has not received the
verification required by subsection 2 and that if the verification is not
received on or before March 1 following the year in which the officer was
required to complete the requirements, the Executive Director will place the
administrator on the agenda for the next scheduled meeting of the Commission to
explain the delay in the submission of the verification. If the Executive
Director has not received verification that an officer has completed the
requirements of subsection 1 on or before March 1 following the year in which
the officer was required to complete the requirements, the Executive Director
shall place the administrator of the employing agency on the agenda for the
next scheduled meeting of the Commission.
4. Upon the request of the Commission or its
designee, the employing agency shall make available for inspection the records
of all officers to verify that they have complied with the requirements of
subsection 1. The Commission will notify each officer and his or her employing
agency of any noncompliance. The Commission will suspend the certificate of any
officer who does not complete the requirements of subsection 1 within 60 days
after the date on which he or she received the notice of noncompliance. The
Executive Director may temporarily reinstate the suspended certificate of an
officer upon receiving documentation from the officer which demonstrates that
he or she has complied with the requirements of subsection 1. The temporary
reinstatement of the suspended certificate is effective upon the Executive
Director's approval of the temporary reinstatement and expires on the date on
which the Commission determines whether to reinstate the certificate. The
Commission will reinstate the suspended certificate or temporarily reinstated
certificate of an officer upon receiving documentation from the officer which
demonstrates that he or she has complied with the requirements of subsection
1.
5. Except as otherwise provided
in subsections 7 and 8, in addition to completing the continuing education
required pursuant to subsection 1, an officer must:
(a) If the officer is authorized to use a
firearm, at least biannually demonstrate a minimum level of proficiency in the
use of each type of firearm he or she is authorized to use. An officer who does
not demonstrate a minimum level of proficiency with the use of any type of
firearm he or she is authorized to use may not carry or use that type of
firearm until he or she participates in a remedial course established by the
employing agency to ensure that the officer achieves and maintains a
satisfactory level of proficiency.
(b) If the officer is authorized to use an
impact weapon, chemical weapon, electronic incapacitating device or other less
than lethal weapon, at least annually demonstrate a minimum level of
proficiency in the use of each such weapon or device he or she is authorized to
use. An officer who does not demonstrate a minimum level of proficiency with
the use of any such weapon may not carry or use that weapon until the officer
participates in a remedial course established by the employing agency to ensure
that the officer achieves and maintains a satisfactory level of
proficiency.
(c) If the duties of
an officer require him or her to use arrest and control tactics, demonstrate
annually a minimum level of proficiency in the use of arrest and control
tactics, including, without limitation, techniques related to applying
handcuffs, taking down suspects, self-defense and retention of
weapons.
(d) If the employing
agency of the officer authorizes the use of a carotid restraint or lateral
vascular neck restraint, demonstrate annually a minimum level of proficiency in
those techniques.
(e) Review
annually each policy of the employing agency which addresses the use of force
in any situation in which the agency or the officer may become
involved.
6. Each
employing agency shall establish and provide the courses set forth in
subsection 5 to its officers and establish the minimum level of proficiency
that an officer must demonstrate in each course.
7. An officer:
(a) Who voluntarily leaves his or her
employment as a peace officer for at least 4 consecutive months but not more
than 60 consecutive months;
(b)
Whose employment as a peace officer is terminated for any reason for at least 4
consecutive months but not more than 60 consecutive months;
(c) Who, during a period of continuous
employment as a peace officer, is absent from his or her duties as a peace
officer because of medical leave, military leave or other approved leave for at
least 4 consecutive months; or
(d)
Who is hired, rehired or reinstated on or after July 1 of a reporting year,
must satisfy the requirements of paragraphs (b) to (e), inclusive, of
subsection 5 and demonstrate a minimum level of proficiency in the use of each
type of firearm he or she is authorized to use before commencing or resuming
his or her duties as a peace officer.
8. An officer who instructs a course pursuant
to subsection 5 is not required to comply with the requirements of subsection 5
to which the instruction applies if the officer:
(a) Instructs a course in the subject for
which the officer is qualified and approved by the administrator of the
officer's agency during each calendar year;
(b) Participates at least once every 3 years
in a course of training for instructors that is approved by the Executive
Director; and
(c) Demonstrates to
the Commission or its designee at least once every 3 years proficiency in the
subject that he or she instructs.
9. Each agency shall maintain documentation
of the courses provided pursuant to subsection 5. Such documentation must
include, without limitation, the qualifications of each instructor who provides
training, a description of the training provided and a list on a form that has
been approved by the Executive Director of each officer who completes the
training.
Notes
NRS 289.510, as amended by section 1 of Assembly Bill No. 304, chapter 206, Statutes of Nevada 2021, at page 950
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