Sec. 20. (a) This section applies to counties and towns as well as cities.

     (b) A unit shall provide by ordinance the number of police reserve officers that the department may appoint.

Terms Used In Indiana Code 36-8-3-20

  • Arrest: Taking physical custody of a person by lawful authority.
  • Autism: means a neurological condition as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
     (c) Police reserve officers shall be appointed by the same authority that appoints regular members of the department.

     (d) Police reserve officers may be designated by another name specified by ordinance.

     (e) Police reserve officers may not be members of the regular police department but have all of the same police powers as regular members, except as limited by the rules of the department. Each department may adopt rules to limit the authority of police reserve officers.

     (f) To the extent that money is appropriated for a purpose listed in this subsection, police reserve officers may receive any of the following:

(1) A uniform allowance.

(2) Compensation for time lost from other employment because of court appearances.

(3) In the case of county police reserve officers, compensation for lake patrol duties that the county sheriff assigns and approves for compensation.

     (g) Police reserve officers are not eligible to participate in any pension program provided for regular members of the department.

     (h) A police reserve officer may not be appointed until the officer has completed the training and probationary period specified by rules of the department.

     (i) A police reserve officer appointed by the department after June 30, 1993, may not:

(1) make an arrest;

(2) conduct a search or a seizure of a person or property; or

(3) carry a firearm;

unless the police reserve officer successfully completes a pre-basic course under IC 5-2-1-9(f).

     (j) A police reserve officer carrying out lake patrol duties under this chapter is immune from liability under IC 34-30-12, notwithstanding the payment of compensation to the officer.

     (k) After June 30, 2015, a police reserve officer who has satisfactorily completed pre-basic training and has been appointed to a law enforcement department or agency on either a full-time or part-time basis is not eligible for continued employment unless the police reserve officer satisfactorily completes the mandatory inservice training requirements established by rules adopted by the law enforcement training board (created by IC 5-2-1-3). Inservice training must include training in interacting with persons with mental illness, addictive disorders, intellectual disabilities, autism, developmental disabilities, and Alzheimer’s disease or related senile dementia, to be provided by persons approved by the secretary of family and social services and the board. The inservice training must also concern human and sexual trafficking and high risk missing persons (as defined in IC 5-2-17-1). The board may approve courses offered by other public or private training entities, including postsecondary educational institutions, as necessary in order to ensure the availability of an adequate number of inservice training programs. The board may waive a police reserve officer’s inservice training requirements if the board determines that the police reserve officer’s reason for lacking the required amount of inservice training hours is due to either of the following:

(1) An emergency situation.

(2) The unavailability of courses.

     (l) After December 31, 2017, a unit shall:

(1) provide the coverage specified in section 22 of this chapter; and

(2) pay the amounts specified in section 23 of this chapter;

for a police reserve officer who is injured or contracts an illness in the course of or as the result of the performance of duties as a police reserve officer.

     (m) A unit may purchase policies of group insurance or establish a plan of self-insurance to meet its obligations under section 22 or 23 of this chapter. The establishment of a self-insurance program under this subsection is subject to the approval of the unit’s fiscal body. Expenses incurred for premiums for insurance or for other charges or expenses under sections 22 and 23 of this chapter shall be paid out of the unit’s general fund in the same manner as other expenses of the unit are paid.

[Pre-Local Government Recodification Citations: 19-1-17.5-1; 19-1-17.5-2; 19-1-17.5-3.]

As added by Acts 1981, P.L.309, SEC.52. Amended by P.L.30-1992, SEC.6; P.L.72-1992, SEC.3; P.L.57-1995, SEC.10; P.L.1-1998, SEC.212; P.L.100-2015, SEC.2; P.L.180-2017, SEC.4; P.L.173-2023, SEC.5.