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  <FDSYS>
    <CFRTITLE>28</CFRTITLE>
    <CFRTITLETEXT>Judicial Administration</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2006-07-01</DATE>
    <ORIGINALDATE>2006-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS)</TITLE>
    <GRANULENUM>92</GRANULENUM>
    <HEADING>PART 92</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 28" SEQ="1">Judicial Administration</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="0">DEPARTMENT OF JUSTICE (CONTINUED)</PARENT>
    </ANCESTORS>
  </FDSYS>
  <PART>
    <EAR>Pt. 92</EAR>
    <HD SOURCE="HED">PART 92—OFFICE OF COMMUNITY ORIENTED POLICINGSERVICES (COPS)</HD>
    <CONTENTS>
      <SUBPART>
        <HD SOURCE="HED">Subpart A—Police Corps Eligibility and Selection Criteria</HD>
        <SECHD>Sec.</SECHD>
        <SECTNO>92.1</SECTNO>
        <SUBJECT>Scope.</SUBJECT>
        <SECTNO>92.2</SECTNO>
        <SUBJECT>Am I eligible to apply to participate in the Police Corps?</SUBJECT>
        <SECTNO>92.3</SECTNO>
        <SUBJECT>How and when should I apply to participate in the PoliceCorps?</SUBJECT>
        <SECTNO>92.4</SECTNO>
        <SUBJECT>How will participants be selected from applicants?</SUBJECT>
        <SECTNO>92.5</SECTNO>
        <SUBJECT>What educational expenses does the Police Corps cover, andhow will they be paid?</SUBJECT>
        <SECTNO>92.6</SECTNO>
        <SUBJECT>What colleges or universities can I attend under the PoliceCorps?</SUBJECT>
      </SUBPART>
      <SUBPART>
        <HD SOURCE="HED">Subpart B—Police Recruitment Program Guidelines</HD>
        <SECTNO>92.7</SECTNO>
        <SUBJECT>Scope.</SUBJECT>
        <SECTNO>92.8</SECTNO>
        <SUBJECT>Providing recruitment services.</SUBJECT>
        <SECTNO>92.9</SECTNO>
        <SUBJECT>Publicizing the Police Recruitment Program.</SUBJECT>
        <SECTNO>92.10</SECTNO>
        <SUBJECT>Providing tutorials and other academic assistanceprograms.</SUBJECT>
        <SECTNO>92.11</SECTNO>
        <SUBJECT>Content of the recruitment and retention programs.</SUBJECT>
        <SECTNO>92.12</SECTNO>
        <SUBJECT>Program funding length.</SUBJECT>
        <SECTNO>92.13</SECTNO>
        <SUBJECT>Program eligibility.</SUBJECT>
      </SUBPART>
    </CONTENTS>
    <AUTH>
      <HD SOURCE="HED">Authority:</HD>
      <P>42 U.S.C. 13811-13812; 42 U.S.C.14091-14102.</P>
    </AUTH>
    <SOURCE>
      <PRTPAGE P="459"/>
      <HD SOURCE="HED">Source:</HD>
      <P>61 FR 49972, Sept. 24, 1996, unless otherwise noted.</P>
    </SOURCE>
    <SUBPART>
      <HD SOURCE="HED">Subpart A—Police Corps Eligibility and Selection Criteria</HD>
      <SECTION>
        <SECTNO>§ 92.1</SECTNO>
        <SUBJECT>Scope.</SUBJECT>
        <P>This subpart sets forth guidance on the eligibility for and selection toparticipate in the Police Corps. The Police Corps offers scholarships andeducational expense reimbursements to individuals who agree to serve as a Stateor local police officer or sheriff's deputy for four years. In addition, PoliceCorps participants receive sixteen weeks of training in basic law enforcement,including vigorous physical and mental training to teach self-discipline andorganizational loyalty and to impart knowledge and understanding of legalprocesses and law enforcement.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.2</SECTNO>
        <SUBJECT>Am I eligible to apply to participate in the Police Corps?</SUBJECT>
        <P>(a) You should consider applying to the Police Corps if you are seeking anundergraduate or graduate degree, and are willing to commit to four years ofservice as a member of a State or local police force. To be eligible toparticipate in a State Police Corps program, an individual also must:</P>
        <P>(1) Be a citizen of the United States or an alien lawfully admitted forpermanent residence in the United States as of the date of application;</P>
        <P>(2) Meet the requirements for admission as a trainee of the State or localpolice force to which the participant will be assigned if selected, includingachievement of satisfactory scores on any applicable examination, except thatfailure to meet the age requirement for a trainee of the State or local policeforce shall not disqualify the applicant if the applicant will be of sufficientage upon completing an undergraduate course of study;</P>
        <P>(3) Possess the necessary mental and physical characteristics to dischargeeffectively the duties of a law enforcement officer;</P>
        <P>(4) Be of good character and demonstrate sincere motivation and dedication tolaw enforcement and public service;</P>
        <P>(5) In the case of an undergraduate, agree in writing that the participantwill complete an educational course of study leading to the award of abaccalaureate degree and will then accept an appointment and complete four yearsof service as an officer in the State police or in a local police departmentwithin the State;</P>
        <P>(6) In the case of a participant desiring to undertake or continue graduatestudy, agree in writing that the participant will accept an appointment andcomplete 4 years of service as an officer in the State police or in a localpolice department within the State before undertaking or continuing graduatestudy;</P>
        <P>(7) Contract, with the consent of the participant's parent or guardian if theparticipant is a minor, to serve four years as an officer in the State police orin a local police department, if an appointment is offered; and</P>
        <P>(8) Except as provided in paragraph (a)(8)(i) of this section, be withoutprevious law enforcement experience.</P>
        <P>(i) Until September 13, 1999, up to ten percent of the applicants acceptedinto the State Police Corps program may be persons who have had some lawenforcement experience and/or have demonstrated special leadership potential anddedication to law enforcement.</P>
        <P>(b) According to the Debt Collection Procedures Act (Pub. L. 101-647 asamended), 28 U.S.C. 3201, persons who have incurred a court judgment in favor ofthe United States creating a lien against their property arising from a civil orcriminal proceeding regarding a debt are precluded from receiving Federal funds(including Police Corps funds) until the judgment lien has been paid in full orotherwise satisfied.</P>
        <P>(c) Educational assistance under the Police Corps Act for any course of studyalso is available to a dependent child of a law enforcement officer:</P>
        <P>(1) Who is a member of a State or local police force or is a Federal criminalinvestigator or uniformed police officer;</P>
        <P>(2) Who is not a participant in the Police Corps program, but</P>
        <P>(3) Who serves in a State for which the Director has approved a Police Corpsplan, and</P>

        <P>(4) Who is killed in the course of performing policing duties.<PRTPAGE P="460"/>
        </P>
        <P>(i) For purposes of this assistance, a dependent child means a natural oradopted child or stepchild of a law enforcement officer who at the time of theofficer's death was no more than 21 years old or, if older than 21 years, was infact dependent on the child's parents for at least one-half of the child'ssupport (excluding educational expenses), as determined by the Director based ona review of any available documentation.</P>
        <P>(ii) The educational assistance available under this subsection is subject tothe same dollar limitations set forth in § 92.4, but carries nopolice service obligation, repayment contingencies, or requirement for approvalof a course of study.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.3</SECTNO>
        <SUBJECT>How and when should I apply to participate in the Police Corps?</SUBJECT>
        <P>(a) The application and selection process occurs at the State level. Anapplicant may apply to participate in more than one State Police Corps program,provided that the applicant is prepared to commit to serve as a law enforcementofficer in the State to which application is made. Application forms should beobtained from the State Police Corps agencies.</P>
        <P>(b) Applicants may seek admission to the Police Corps either beforecommencement of or during the applicant's course of undergraduate or graduatestudy. However, acceptance into the Police Corps will be conditioned onmatriculation in or acceptance for admission at a four-year institution ofhigher education. Specific application deadlines will be established by StatePolice Corps agencies.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.4</SECTNO>
        <SUBJECT>How will participants be selected from applicants?</SUBJECT>
        <P>(a) Applicants should be selected competitively based upon selection criteriadeveloped by the State Police Corps agency pursuant to this subsection.Appropriate application materials should be developed by the State Police Corpsagency to obtain the information reasonably needed to make selection andassignment decisions and to provide required information to the Director.</P>
        <P>(b) The State Police Corps agency should develop selection criteria inconsultation with local law enforcement officials, representatives of policelabor organizations and police management organizations, and other appropriateState and local agencies. Selection criteria should seek to attract highlyqualified individuals with backgrounds and characteristics likely to assureeffective participation in the Police Corps. Criteria should includeconsideration of factors bearing on the statutory eligibility requirements setforth in § 92.1, and may include (without limitation) considerationof:</P>
        <P>(1) Scholastic record;</P>
        <P>(2) Work experience;</P>
        <P>(3) Extracurricular and/or community involvement;</P>
        <P>(4) Letters of recommendation;</P>
        <P>(5) Demonstrated interest in policing as a career.</P>
        <P>(c) After selection, the State Police Corps agency will forward to theDirector, Office of the Police Corps and Law Enforcement Education a list ofpersons selected for admission to the Police Corps. With respect to each person,the list should set forth:</P>
        <P>(1) Name;</P>
        <P>(2) Address;</P>
        <P>(3) Social security number;</P>
        <P>(4) Name and location of law enforcement agency to which the person has beenassigned;</P>
        <P>(5) Educational institution in which the person is enrolled or has beenaccepted for admission, and course of study;</P>
        <P>(6) Date on which the person is expected to commence his/her service;</P>
        <P>(7) Certification that the person has been found to meet the statutoryselection criteria at 42 U.S.C. § 14096;</P>
        <P>(8) A Police Corps Agreement signed by the applicant; and</P>
        <P>(9) An itemization of the educational expenses that the person is eligible toreceive through scholarship and/or reimbursement.</P>
        <P>(i) With respect to individuals identified to receive educational assistanceunder § 92.2(c), the list should contain the information inparagraphs (c) (1), (2), (3), (5) and (9) of this section.</P>
        <P>(ii) With respect to the list in the aggregate, a summary of the racial andgender distribution of the individuals.</P>

        <P>(d) After selection, the State Policy Corps agency should notify applicants <PRTPAGE P="461"/>of their selection, their agency assignment, and their assignment to a trainingclass. However, admission to the Police Corps is not final until the PoliceCorps Agreement has been signed both by the applicant and the Director.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.5</SECTNO>
        <SUBJECT>What educational expenses does the Police Corps cover, and how willthey be paid?</SUBJECT>
        <P>(a) Educational expenses are paid either in the form of a scholarship or areimbursement. Scholarships will be paid where Police Corps participants arecurrently enrolled in an approved course of study in an institution of highereducation. Reimbursements will be paid to participants for educational expensesincurred prior to admission to the Police Corps. In certain circumstances, aPolice Corps participant may receive a reimbursement for past expenses and ascholarship for current expenses.</P>
        <P>(b) Requests for payment of educational expenses by a Police Corpsparticipant should be submitted to the Director through the State Police Corpsagency.</P>
        <P>(1) Educational expenses are expenses that are directly attributable to acourse of education leading to the award of either a baccalaureate or graduatedegree, and may include:</P>
        <P>(i) Tuition, in an amount billed by the institution of higher education;</P>
        <P>(ii) Fees, in an amount billed by the institution of higher education;</P>
        <P>(iii) Cost of books required to be purchased pursuant to the curriculum inwhich the candidate is enrolled;</P>
        <P>(iv) Cost of transportation from the candidate's home to school, calculatedat actual cost or the current prevailing rate for mileage reimbursement forfederal travel;</P>
        <P>(v) Cost of room and board;</P>
        <P>(vi) Miscellaneous expenses not to exceed $250 per academic semester.</P>
        <P>(2) A participant receiving a scholarship may submit payment requests priorto the commencement of each subsequent academic year in which he/she is enrolledin an institution of higher education.</P>
        <P>(3) For participants currently enrolled in an institution of highereducation, each payment request must be accompanied by:</P>
        <P>(i) A certification from the institution that the participant is maintainingsatisfactory academic progress;</P>
        <P>(ii) A certification by or on behalf of the State or local police force towhich the participant will be assigned that the participant's course of studyincludes appropriate preparation for police service.</P>
        <P>(4) The maximum Police Corps payment per participant per academic year,whether in the form of scholarship or reimbursement, is $7,500. In the case of aparticipant who is pursuing a course of educational study during substantiallyan entire calendar year, the maximum payment will be $10,000 per such calendaryear.</P>
        <P>(5) The total of all Police Corps scholarship or reimbursement payments toany one participant shall not exceed $30,000.</P>
        <P>(6) Police Corps scholarship payments will be made directly to theinstitution of higher education that the student is attending. Each institutionof higher education receiving a Police Corps scholarship payment shall remit tosuch student any funds in excess of the costs of tuition, fees, and room andboard payable to the institution.</P>
        <P>(7) Reimbursements for past expenses will be made directly to the PoliceCorps participant. One half of the reimbursement will be paid after theparticipant is sworn in and starts the first year of required service. Theremainder will be paid upon successful completion of the first year of requiredservice. The Director may, upon a showing of good cause, advance the date of thefirst reimbursement payment to an individual participant.</P>
        <CITA>[61 FR 49972, Sept. 24, 1996, as amended at 64 FR 33018, June 21, 1999]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.6</SECTNO>
        <SUBJECT>What colleges or universities can I attend under the Police Corps?</SUBJECT>
        <P>(a) The choice of institution is up to the participant, as long as theinstitution meets the definition of an “institution of higherdeduction.” As defined in 20 U.S.C. 1141(a), an “institution ofhigher education” means an educational institution in any State which:</P>

        <P>(1) Admits as regular students only persons having a certificate ofgraduation from a school providing secondary <PRTPAGE P="462"/>education, or the recognizedequivalent of such a certificate,</P>
        <P>(2) Is legally authorized within such State to provide a program of educationbeyond secondary education,</P>
        <P>(3) Provides an educational program for which it awards a bachelor's degreeor provides not less than a two-year program which is acceptable for full credittoward such a degree,</P>
        <P>(4) Is a public or other nonprofit institution, and</P>
        <P>(5) Is accredited by a nationally recognized accrediting agency orassociation, or if not so accredited, is an institution that has been grantedpreaccreditation status by such an agency or association that has beenrecognized by the Secretary (of Education) for the granting of preaccreditationstatus, and the Secretary has determined that there is satisfactory assurancethat the institution will meet the accreditation standards of such an agency orassociation within a reasonable time.</P>
        <P>(b) Such term also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in arecognized occupation and which meets the provisions of paragraphs (a) (1), (2),(4), and (5) of this section. Such term also includes a public or nonprofiteducational institution in any State which, in lieu of the requirement inparagraph (a)(1) of this section, admits as regular students persons who arebeyond the age of compulsory school attendance in the State in which theinstitution is located.</P>
        <P>(c) A Police Corps scholarship only may be used to attend a four-yearinstitution of higher education, except that:</P>
        <P>(1) A scholarship may be used for graduate and professional study; and</P>
        <P>(2) If a participant has enrolled in the Police Corps upon or after transferto a four-year institution of higher education, the Director may reimburse theparticipant for prior educational expenses.</P>
      </SECTION>
    </SUBPART>
    <SUBPART>
      <HD SOURCE="HED">Subpart B—Police Recruitment Program Guidelines</HD>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>63 FR 50146, Sept. 21, 1998, unless otherwise noted.</P>
      </SOURCE>
      <SECTION>
        <SECTNO>§ 92.7</SECTNO>
        <SUBJECT>Scope.</SUBJECT>
        <P>(a) The Police Recruitment program offers funds to qualified communityorganizations to assist in meeting the costs of programs which are designed torecruit and train police applicants from a variety of neighborhoods andlocalities.</P>
        <P>(b) Individual participants encountering problems throughout the policedepartment application process shall receive counseling, tutorials, and otheracademic assistance as necessary to assist them in the application process of apolice department.</P>
        <P>(c) Program goals should include increasing the retention in the hiringprocess for police applicants participating in the program.</P>
        <P>(d) Programs funded under the Police Recruitment program will have a one-yeargrant period, with allowances for two additional years of no-cost extensions.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.8</SECTNO>
        <SUBJECT>Providing recruitment services.</SUBJECT>
        <P>The non-profit community organizations that wish to receive a grant underthis program should provide for an overall program design with the objective ofrecruiting and retaining applicants from a variety of populations to a policedepartment. The recruitment strategies employed may include:</P>
        <P>(a) A process for recruiting applicants for employment by a policedepartment. These processes should include working in cooperation with a locallaw enforcement department to develop selection criteria for the participants.The selection criteria may include, but are not limited to:</P>
        <P>(1) Demonstrated interest in policing as a career;</P>
        <P>(2) Scholastic record (except that failure to meet the satisfactory academicscores shall not disqualify the applicant since the program is designed toprovide tutorial service so to help applicant pass the required examinations);</P>
        <P>(3) Background screening;</P>
        <P>(4) Work experience;</P>
        <P>(5) Letters of recommendation.</P>
        <P>(b) The recruitment services must ensure that applicants possess thenecessary mental and physical capabilities and emotional characteristics to bean effective law enforcement officer.</P>
      </SECTION>
      <SECTION>
        <PRTPAGE P="463"/>
        <SECTNO>§ 92.9</SECTNO>
        <SUBJECT>Publicizing the Police Recruitment Program.</SUBJECT>
        <P>Participating organizations should have experience in or an ability todevelop procedures to publicize the availability of like programs. Theseprograms should be widely publicized throughout the affected geographic area.The methods for publicizing the Police Recruitment programs may include, but arenot limited to:</P>
        <P>(a) Sending press releases to community bulletins, college and localnewspapers, and television stations, as well as public service announcements tolocal and college radio stations;</P>
        <P>(b) Sending information to and/or making presentations at:</P>
        <P>(1) Local community colleges;</P>
        <P>(2) Colleges and universities serving populations in the geographic area ofthe program;</P>
        <P>(3) Local nonprofit groups;</P>
        <P>(4) Academic counseling departments within public and private nonprofitcolleges and universities;</P>
        <P>(5) Academic counseling departments within public and private nonprofit highschools;</P>
        <P>(6) High school and college student associations;</P>
        <P>(7) Local religious groups;</P>
        <P>(8) Local social services agencies.</P>
        <P>(c) Disseminating press releases and/or translated materials to non-Englishlanguage newspapers and magazines; and</P>
        <P>(d) Maintaining toll-free or other easy-access telephone numbers forobtaining application materials.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.10</SECTNO>
        <SUBJECT>Providing tutorials and other academic assistance programs.</SUBJECT>
        <P>(a) The program designed by the community organization must include academiccounseling, tutorials and other academic assistance programs to enableindividuals to meet police force academic requirements, pass entranceexaminations, and meet other requirements. The program should include:</P>
        <P>(1) Processes for evaluating educational assistance needs of young adults andadults. These processes should include, but are not limited to: screeningprocedures and testing batteries to assess individual needs;</P>
        <P>(2) Tutorial programs designed to meet the specific and varied academic needsof individual applicants; and</P>
        <P>(3) Academic and guidance counseling for adults. Specific counseling programsmust be designed for individuals who encounter problems with passing theentrance examinations, and may include specialized counseling in selfdiscipline, study habits, taking written and oral exams, and physical fitness.</P>
        <P>(b) These tutorial and academic assistance programs must be provided byindividuals or groups that have experience in developing and providing tutorialprograms for young adults and adults.</P>
        <P>(c) The program provider must also have experience in providing counselingfor participants who encounter other problems with the police departmentapplication process.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.11</SECTNO>
        <SUBJECT>Content of the recruitment and retention programs.</SUBJECT>
        <P>Applicants must describe in detail the intended program strategies forproviding academic and guidance counseling activities for members of thecommunity, as described in §§ 92.2 through 92.4. A review ofmandatory topics to be addressed in a detailed concept paper/application to beprovided by all applicants follows.</P>
        <P>(a) Applicants must address program strategies for responding to program andapplicant needs throughout the recruitment process. The process should be basedon an examination and understanding of the needs of the population in meetingthe qualification requirements of the police department. The project strategyshould subsequently be tailored based on the understanding of the current andanticipated problems in meeting police department requirements.</P>

        <P>(b) Applicants must describe the manner in which academic services andtutorials, and guidance counseling programs that would assist applicants to passthe entrance examination and related tests will be provided. This should alsoinclude the anticipated length of the academic and guidance counseling programs,qualifications of the counselors, and the content of the counseling programs.<PRTPAGE P="464"/>
        </P>
        <P>(c) Applicants must provide retention services to assist in keepingindividuals in the application process of a police department. These mayinclude:</P>
        <P>(1) Counseling programs aimed at meeting the needs of potential policeapplicants before they are eligible to apply for a sworn position;</P>
        <P>(2) Pre-police employment programs, such as junior police cadet programs,reserve programs, and police volunteer activities and</P>
        <P>(3) Mentoring activities utilizing sworn officers.</P>
        <P>(d) Applicants must estimate the number of police applicants to be served bythe prospective program, along with an estimation of the total number ofpotential or actual applicants who will be successfully hired and eventuallydeployed as police officers.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.12</SECTNO>
        <SUBJECT>Program funding length.</SUBJECT>
        <P>Funding for these programs will be for one year only, but will allow for twoadditional years of no-cost extension.</P>
      </SECTION>
      <SECTION>
        <SECTNO>§ 92.13</SECTNO>
        <SUBJECT>Program eligibility.</SUBJECT>
        <P>(a) Eligible organizations for the Police Recruitment program grant arecertified nonprofit organizations that have training and/or experience in:</P>
        <P>(1) Working with a police department and with teachers, counselors, andsimilar personnel;</P>
        <P>(2) Providing services to the community in which the organization is located;</P>
        <P>(3) Developing and managing services and techniques to recruit and trainindividuals, and in assisting such individuals in meeting requisite standardsand provisions;</P>
        <P>(4) Developing and managing services and techniques to assist in theretention of applicants to like programs; and</P>
        <P>(5) Developing other programs that contribute to the community.</P>
        <P>(b) A program is qualified to receive a grant if:</P>
        <P>(1) The overall design of the program is to recruit and retain applicants toa police department;</P>
        <P>(2) The program provides recruiting services that include tutorial programsto enable individuals to meet police force academic requirements and to passentrance examinations;</P>
        <P>(3) The program provides counseling to applicants to police departments whomay encounter problems throughout the application process; and</P>
        <P>(4) The program provides retention services to assist in retainingindividuals to stay in the application process of the police department.</P>
        <P>(c) To qualify for funding under the Police Recruitment program, the intendedactivities must support the recruitment services, tutorial and other academicassistance programs, and retention services for individuals. The qualified non-profit organization must submit an application which identifies the lawenforcement department with which it will work and includes documentationshowing:</P>
        <P>(1) The need for the grant;</P>
        <P>(2) The intended use of the funds;</P>
        <P>(3) Expected results from the use of grant funds;</P>
        <P>(4) Demographic characteristics of the population to be served, includingage, disability, race, ethnicity, and languages used;</P>
        <P>(5) Status as a non-profit organization; and</P>
        <P>(6) Contains satisfactory assurances that the program for which the grant ismade will meet the applicable requirements of the program guidelines prescribedin this document.</P>
      </SECTION>
    </SUBPART>
  </PART>
</CFRGRANULE>
