DOCJT News
DOCJT Names Deputy Commissioner, Training Director
Kentucky Department of Criminal Justice Training Commissioner Nicolai Jilek announced the appointments of John Schwartz as Deputy Commissioner and Frank Kubala, Ed.D., as Director of Training Operations at the law enforcement training academy in early June.
“John Schwartz and Frank Kubala have a remarkable foundation in law enforcement,” said Commissioner Jilek. “Their reputations across the state are rock solid and were built over years of commitment to policing. I am incredibly excited to have these gentlemen join me in leading DOCJT forward.” Since 2018, Schwartz has served as staff assistant assigned to the Commissioner’s Office. During his 15-year tenure, he has held several titles within the agency, including Assistant Director of Training Operations, Basic Training Branch Manager, Supervisor of General Studies Section and DUI Enforcement Section, as well as an instructor for the Advanced Individual Training Branch, where he taught courses in criminal investigation, interview and interrogation, homicide investigation techniques and cold case investigation.
COMMISSIONER JILEK HAS APPOINTED JOHN SCHWARTZ AS DEPUTY COMMISSIONER OF DOCJT
John Schwartz, DOCJT Deputy Commissioner
“I am grateful to Gov. Beshear, Justice & Public Safety Cabinet Secretary Mary Noble, and DOCJT Commissioner Jilek for allowing me the opportunity to continue to serve the Department of Criminal Justice Training, and Kentucky law enforcement, as the deputy commissioner of this great agency,” said Schwartz. “I will assist the commissioner in ensuring that the agency continues to provide the best training possible to our clients. I will also remain available as a resource to all law enforcement leaders across the Commonwealth.”
Before joining DOCJT, Schwartz served and retired from the New York Police Department at the rank of Detective First Grade after a 20-year career. Thirteen of those years were spent as a detective assigned to various units, including patrol, plainclothes and robbery. His final eight years at NYPD were spent working in homicide squads in Brooklyn South and the Bronx.
Schwartz earned his bachelor’s and master’s degrees in criminal justice, with a concentration in justice administration, from Tiffin University. He also is a graduate of the Criminal Justice Executive Development Class XVIII.
COMMISSIONER JILEK HAS APPOINTED FRANK KUBALA, ED.D., AS DIRECTOR OF TRAINING OPERATIONS AT THE LAW ENFORCEMENT TRAINING ACADEMY
Frank Kubala, DOCJT Director of Training
A 22-year veteran of DOCJT, Kubala has served in a variety of leadership roles: Investigator for the Compliance and Carrying Concealed Deadly Weapons Section, Staff Assistant, Assistant Director of Training Operations, Advanced Individual Training Branch Manager, Supervisor of Investigation and the Physical Training and Defensive Tactics sections. Kubala also spent time as an instructor and taught a range of topics including physical training, defensive tactics, first aid, investigations and patrol. Outside of DOCJT instruction, Kubala aided in the establishment of Kentucky’s Peace Officer Professional Standards by assisting in the field-testing which is used as part of today’s requirements.
“It is an honor to serve our staff and clients in this new role,” Kubala said. “I am grateful for the opportunity to lead the training division. I look forward to working with our great staff to continue advancing the quality of training in all areas.”
Prior to his career in state government, Kubala served with the Lexington Police Department from September 1992 to June 1998 as a patrol officer and a crimes against children detective. He served his hometown of Hollywood, Florida, from March 1987 to Sept. 1992, where he worked in patrol, a street crimes unit and on a SWAT team. Kubala earned a Bachelor of Science degree in criminal justice from Florida International University and a Master of Science degree in safety and security from Eastern Kentucky University. In addition, he obtained a Doctorate of Education in leadership and policy studies from EKU. Kubala has served as an adjunct professor at EKU since 2004.
Recruits Return to DOCJT for Training
The Department of Criminal Justice Training (DOCJT) announced Tuesday that law enforcement recruits from Class 511 may return to campus on June 28 to complete the Law Enforcement Basic Training Academy.
“There are 35 recruits in Class 511 from agencies spanning the Commonwealth who are needed in their communities to serve and protect as certified, fully-trained law enforcement officers,” said DOCJT Commissioner Nicolai Jilek. “We are carefully and cautiously returning this class to campus. DOCJT is committed to safely reopening and following CDC guidelines and the Governor’s Healthy at Work recommendations, as we move through this battle against the novel coronavirus.”
Recruits in Class 511 had seven weeks of training remaining to complete the 20-week requirement for graduation when DOCJT closed in March due to the COVID-19 pandemic. DOCJT staff have worked diligently with the Justice and Public Safety Cabinet and the Governor’s Office to provide a safe and healthy environment.
Key steps implemented for the safe return of recruits include: recruits will be assigned to individual dorm rooms, masks will be required, meals will be boxed by cafeteria and consumed in dorm rooms, a single point of entry into the facility will be designated, common areas will be closed, temperatures will be taken and symptoms assessed daily, any symptomatic recruits will be removed from training and return upon recovery following state isolation guidelines. The basic training academy schedule for the remainder of the year will be made available on DOCJT’s website.
IN-SERVICE TRAINING
State law dictates that Kentucky law enforcement officers complete a minimum of 40 hours of in-service training annually. DOCJT has taken proactive measures to develop this year’s in-service training curriculum in light of demands for change across the nation. The 8-hour course, which is available to all Kentucky peace officers, will be completed online and cover several topics, including implicit bias, the use of force, deadly force and firearm deployment, moral decision making, civil rights laws and community oriented policing.
“These topics have always been available for peace officers to take as part of their in-service curriculum,” said Commissioner Jilek. “The difference this year is that we are emphasizing these course topics and the training will be completed online.”
Once the course is open for registration, participants may register through DOCJT’s ACADIS portal.
DOCJT is in consultation with the Justice and Public Safety Cabinet and Gov. Beshear to consider a possible waiver of the 32 training hours that remain upon completion of the 8-hour online course. An announcement regarding the waiver will be provided via DOCJT’s website and social media once an official decision has been reached.
HB 298 Establishes Mandatory Pursuit Policy
On April 24, 2020, Gov. Andy Beshear signed HB 298. The bill addresses policies and procedures for police vehicle pursuits and training in emergency vehicle operation. As part of this legislation, each law enforcement agency within the Commonwealth is required to “adopt, implement, enforce, and maintain written policies that establish standards and procedures for the vehicular pursuit of any person who has violated or is suspected of violating the laws of this state.”
The legislation sets forth a list of elements that MUST be included within your policies. That list can be found below in this informational correspondence. Two model policies that have been pre-determined to meet the statutory criteria can be found at:
KACo Vehicle Pursuit Policy
KLC Vehicle Pursuit Policy
The legislation requires that, once you have adopted a policy, your “agency shall cause a full copy of its policy to be filed with the Justice and Public Safety Cabinet, which shall maintain a list of law enforcement agencies that have complied with the requirements of this section.” For your convenience, we have established a designated email address for both policy submissions, and questions about the filing and review process. Please submit your approved policies and questions to DOCJT.PursuitPolicy@ky.gov.
For completed policy submissions, please indicate “submission” in the subject line. For questions, please indicate “question” in the subject line. Once your final submission has been reviewed and accepted by the Justice and Public Safety Cabinet, you will receive a verification email. Please retain that email for your records. We look forward to assisting you in this process.
HB 298 POLICY REQUIREMENTS
The policy shall create guidelines for determining when the interests of public safety and effective law enforcement justify the initiation or termination of a vehicular pursuit. The policy shall address the following subjects:
(a) The definition of pursuit that will be governed under the law enforcement agency's policy;
(b) Decision-making criteria or principles that are designed to assist peace officers in determining whether to initiate a pursuit. The criteria or principles may include but shall not be limited to:
1. The potential for harm or potential danger to others if the fleeing individual evades or escapes immediate custody;
2. The seriousness of the offense committed or believed to be committed, by the fleeing individual or individuals, prior to the officer activating emergency equipment;
3. If the officer has a reasonable and articulable suspicion that the driver or an occupant of the vehicle in which they are fleeing represent a clear and present danger to the public safety;
4. Safety factors that pose a risk to peace officers, other motorists, pedestrians, or other third parties;
5. Vehicular or pedestrian traffic safety and volume;
6. Weather and vehicle conditions;
7. Potential speeds of the pursuit; and
8. Consideration of whether the identity of an offender is known and could be apprehended at a later time;
(c) Responsibilities of the pursuing peace officer or officers, including pursuit tactics and when those tactics are appropriate for use by the officer or officers;
(d) Procedures for designating the primary pursuit vehicle and for determining the total number of vehicles that are permitted to participate at one (1) time in the pursuit;
(e) Coordination of communications during the pursuit, including but not limited to responsibilities of the pursuing officer to communicate with his or her communications center at the commencement of a pursuit regarding the location, direction of travel, reason for the pursuit, and ongoing status reporting during the pursuit;
(f) A requirement that there is supervisory control of the pursuit, including the responsibilities of command staff or other supervisors during the pursuit, if a supervisor is available;
(g) The circumstances and conditions where the use of pursuit intervention tactics, including but not limited to blocking, ramming, boxing, and roadblock procedures may be employed;
(h) Decision-making criteria or principles that are designed to assist peace officers in making an ongoing determination during the course of the pursuit of whether to continue the pursuit or to terminate or discontinue it. The criteria or principles may include but shall not be limited to:
1. The potential for harm or potential danger to others if the fleeing individual evades or escapes immediate custody;
2. The seriousness of the offense committed or believed to have been committed by the individual or individuals that are fleeing;
3. Safety factors that pose a risk to peace officers, other motorists, pedestrians, or other third parties;
4. Vehicular or pedestrian traffic safety and volume;
5. Weather and vehicle conditions;
6. Speeds of the pursuit;
7. Consideration of whether the identity of an offender is known and could be apprehended at a later time; or
8. Where the officer has a reasonable and articulable suspicion that the driver or an occupant of the vehicle in which they are fleeing represent a clear and present danger to the public safety;
(i) Procedures for coordinating the pursuit with other law enforcement agencies, including procedures for interjurisdictional pursuits; and
(j) A process for reporting and evaluating each pursuit by the law enforcement agency.