34 U.S.C. § 12559 — State plan requirements
submitted 32 years ago by Pub. L. 103-322 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 427 words · no verdicts yet
A State Police Corps plan must cover selection, assignments, geographic need, participant requests, assignment timing, prohibited assignments, patrol, training, removal, and equal police pay and benefits.
A State Police Corps plan must—
(1) screen and select participants under section 12556;
(2) state how participants will be assigned to State and local forces. Unless the Director permits it, no more than 25 percent of the participants a State assigns each year may go to statewide forces;
(3) assign participants to geographic areas where (A) more law-enforcement personnel are most needed and (B) participants will be used most effectively;
(4) to the extent consistent with paragraph (3), assign a participant near the participant’s home or another place the participant requests;
(5) when feasible, assign the participant when accepted, subject to changes (A) before the fourth undergraduate year under circumstances in the plan, and (B) from the start of that year until four years of police service are complete only for compelling reasons or program needs and only with the participant’s consent;
(6) not assign a participant to a local force that (A) has shrunk by more than 5 percent since June 21, 1989, or (B) has laid-off members who have not retired;
(7) place participants, and keep them there when feasible, on community and preventive patrol;
(8) ensure effective training and leadership;
(9) allow the State to refuse an appointment after Federal training, or remove a participant at any time, only for good cause, including inadequate educational progress, and only after the plan’s reasonable review procedures are followed; and
(10) pay a participant serving on a force at the same rate, with the same benefits and rights under labor agreements and State and local law, as other officers of the same rank and tenure on that force.
A State Police Corps plan shall—
provide for the screening and selection of participants in accordance with the criteria set out in section 12556 of this title;
state procedures governing the assignment of participants in the Police Corps program to State and local police forces (except with permission of the Director, no more than 25 percent of all the participants assigned in each year by each State to be assigned to a statewide police force or forces);
provide that participants shall be assigned to those geographic areas in which—
there is the greatest need for additional law enforcement personnel; and
the participants will be used most effectively;
provide that to the extent consistent with paragraph (3), a participant shall be assigned to an area near the participant’s home or such other place as the participant may request;
provide that to the extent feasible, a participant’s assignment shall be made at the time the participant is accepted into the program, subject to change—
prior to commencement of a participant’s fourth year of undergraduate study, under such circumstances as the plan may specify; and
from commencement of a participant’s fourth year of undergraduate study until completion of 4 years of police service by participant, only for compelling reasons or to meet the needs of the State Police Corps program and only with the consent of the participant;
provide that no participant shall be assigned to serve with a local police force—
whose size has declined by more than 5 percent since June 21, 1989; or
which has members who have been laid off but not retired;
provide that participants shall be placed and to the extent feasible kept on community and preventive patrol;
ensure that participants will receive effective training and leadership;
provide that the State may decline to offer a participant an appointment following completion of Federal training, or may remove a participant from the Police Corps program at any time, only for good cause (including failure to make satisfactory progress in a course of educational study) and after following reasonable review procedures stated in the plan; and
provide that a participant shall, while serving as a member of a police force, be compensated at the same rate of pay and benefits and enjoy the same rights under applicable agreements with labor organizations and under State and local law as other police officers of the same rank and tenure in the police force of which the participant is a member.
Source credit: (Pub. L. 103–322, title XX, § 200110, Sept. 13, 1994, 108 Stat. 2056; Pub. L. 107–273, div. C, title I, § 11006(3), Nov. 2, 2002, 116 Stat. 1817.)
- 1994Enacted · Pub. L. 103-322 · 108 Stat. 2056
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1817
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-322 on 1994-09-13.
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