REVISITING LB51 – ONE YEAR LATER

By Todd Duncan, Law Enforcement and Safety Specialist

The passage of LB 51 in 2021 triggered numerous changes related to law enforcement training requirements, certification, and use of force. While some provisions took effect in 2021, others were set to take effect in 2022 and 2023. Key changes include, but are not limited to:

Continuing Education

• Annual continuing education requirements for sheriffs provided in 23-1701.01 now mirror annual continuing education requirements for all law enforcement officers as provided in 81-1414.07.
• The number of required annual continuing education hours described in 81-1414.07 increased to 28 hours in 2022 and 32 hours in 2023 and beyond.
  • The annual continuing education required by this section shall include:
    • Refresher courses on de-escalation, mental health, and substance abuse issues;
    • A minimum of two hours of anti-bias and implicit bias training;
    • Officer wellness;
    • Legal updates, including, but not limited to, legislative changes and First Amendment and Fourth Amendment issues;
    • Vehicular pursuit policy review;
    • Any other training as determined by a law enforcement agency
  • Agency administrator decides if the training received by deputies meets the above requirements.
  • There is no longer a limit on the number of continuing education hours that may be completed online.

Certification

• Pre-Employment psychological examinations are required for law enforcement applicants who are not Nebraska certified.
• New law enforcement applicants must testify under oath that their certification in another jurisdiction has not been revoked or suspended.
• Law enforcement certification must include de-escalation training that includes training related to mental health behaviors, substance abuse, anti-bias, implicit bias, and communicating with a person in a crisis.

Non-certified Conditional Officers 

• Must meet all requirements for admission to the training center and shall immediately apply for admission to the training center and enroll in the next available basic training class.
• Shall not interact with the public or carry a firearm until completion of the following training:
  • Twenty-four hours of use of force training, including defensive tactics, arrest control, handcuffing, pat down, and complete searches;
  • Sixteen hours of firearms training and passing the minimum requirements for the handgun qualification course as provided in section 81-1412.01;
  • Twelve hours of arrest and search and seizure training with Fourth Amendment and Fifth Amendment training;
  • Eight hours of de-escalation training;
  • Eight hours of mental health crisis training;
  • Eight hours of anti-bias and implicit bias training; and
  • Four hours of substance abuse training.
• The head of the law enforcement agency employing a non-certified conditional officer shall validate the completion of required training to the council and the director of the training center.
• The Training Center does not provide the above required training for non-conditional officers, but a checklist is available on the Crime Commission’s website that identifies recommended job tasks to meet the above mandatory requirements.
• A non-certified conditional officer shall not interact with the public unless such officer is under the direct supervision of a field training officer approved by the law enforcement agency employing such non-certified conditional officer.
• A non-certified conditional officer shall not, without direct guidance and authorization from an approved field training officer:
  • Ride in a marked police cruiser;
  • Make arrests;
  • Interview suspects, victims, or witnesses; or
  • Carry out any other law enforcement function.
• A non-certified conditional officer may be employed for a period not to exceed sixteen consecutive weeks.
• See the Crime Commission’s non-certified conditional officer website for additional information.

Restrictions on Chokeholds and Carotid Restraints Control Holds 81.1414.16

• Chokeholds shall only be used when deadly force is authorized.
• Carotid restraint control holds shall only be use when:
  • Deadly force is authorized; or
  • Subject is resisting arrest and poses a risk of bodily injury to any other person; and
  • The officer has been trained on the use of such hold.
• Report required after each use of a carotid restraint hold.

Policy

• Agencies must adopt a duty to intervene policy approved by the commission. Model policies are available through NIRMA or the Crime Commission website.
• Agencies must have a policy regarding accepting and investigating complaints of law enforcement officer misconduct.

Accreditation

• On or before January 1, 2023, agencies must be accredited in a manner approved by the commission. Unaccredited agencies will be ineligible to receive loans, grant funding or donations from the commission until accreditation is achieved.

The above summary is not all inclusive, therefore law enforcement officers are encouraged to read the full text of LB 51 (Slip Law) for more information.

Please contact Todd at 402-742-9255 or tduncan@nirma.info if you have any questions.