LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06597-R01- HB.docx 1 of 7 General Assembly Substitute Bill No. 6597 January Session, 2021 AN ACT CONCERNING AC CREDITATION, REPORTING REQUIREMENTS, MENTAL HEALTH, DATA STORAG E SERVICES AND TRAINING OF LAW ENFORCEMENT OFFICERS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 7-294ee of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective from passage): 2 (a) [Until December 31, 2024, the] The Police Officer Standards and 3 Training Council, established under section 7-294b, and the 4 Commissioner of Emergency Services and Public Protection or the 5 commissioner's designee, shall jointly develop, adopt and revise, as 6 necessary, minimum standards and practices for the administration, 7 [and] management and operation of law enforcement units, as defined 8 in section 7-294a. Such minimum standards and practices shall be based 9 upon standards established by the International Association of Chiefs of 10 Police and the Commission on Accreditation for Law Enforcement 11 Agencies, Inc., and shall include, but need not be limited to, standards 12 and practices regarding bias-based policing, use of force, response to 13 crimes of family violence, use of body-worn recording equipment, 14 complaints that allege misconduct by police officers, use of electronic 15 defense weapons, eyewitness identification procedures, notifications in 16 death and related events and pursuits by police officers and compliance 17 Substitute Bill No. 6597 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06597- R01-HB.docx } 2 of 7 with the guidance issued by the council pursuant to subdivision (1) of 18 subsection (g) of section 7-294d regarding reporting procedures to be 19 followed by chief law enforcement officers for certificate suspension, 20 cancellation or revocation. The minimum standards and practices shall 21 be divided into three tiers, known as tier one, tier two and tier three. Tier 22 one shall consist of minimum standards and practices designed to 23 protect law enforcement units from liability, enhance the delivery of 24 services and improve public confidence in law enforcement units. Tier 25 two shall consist of minimum standards and practices for the 26 administration, management and operation of law enforcement units. 27 Tier three shall consist of higher minimum standards and practices for 28 the administration, management and operation of law enforcement 29 units. The council shall post [such] the minimum standards and 30 practices of each tier on the council's Internet web site and disseminate 31 [such] the minimum standards and practices of each tier to law 32 enforcement units. The council and commissioner or the commissioner's 33 designee shall jointly develop a process to review a law enforcement 34 unit's compliance with [such] the minimum standards and practices of 35 each tier and issue a certificate of compliance with [law enforcement] 36 the minimum standards and practices of tier one, tier two or tier three, 37 as the case may be, to a law enforcement unit that meets or exceeds 38 [such] the minimum standards and practices of such tier. 39 (b) On and after January 1, [2019] 2022, and until December 31, [2024] 40 2023, each law enforcement unit shall adopt and maintain (1) the 41 minimum standards and practices of tier one developed by the council 42 pursuant to subsection (a) of this section, or (2) a higher level of 43 accreditation standards developed by the council or the Commission on 44 Accreditation for Law Enforcement Agencies, Inc. 45 (c) On and after January 1, 2023, and until December 31, 2024, each 46 law enforcement unit shall adopt and maintain (1) the minimum 47 standards and practices of tier two developed by the council pursuant 48 to subsection (a) of this section, or (2) a higher level of accreditation 49 standards developed by the council or the Commission on Accreditation 50 Substitute Bill No. 6597 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06597- R01-HB.docx } 3 of 7 for Law Enforcement Agencies, Inc. 51 [(c)] (d) On and after January 1, 2025, each law enforcement unit shall 52 [obtain and maintain accreditation] adopt and maintain (1) the 53 minimum standards and practices of tier three developed by the council 54 pursuant to subsection (a) of this section, or (2) a higher level of 55 accreditation standards developed by the Commission on Accreditation 56 for Law Enforcement Agencies, Inc. 57 (e) If a law enforcement unit fails to [obtain] adopt or maintain [such 58 accreditation] the minimum standards and practices or a higher level of 59 accreditation standards developed by the council or the Commission on 60 Accreditation for Law Enforcement Agencies, Inc., in accordance with 61 the provisions of subsections (b) to (d), inclusive, of this subsection, the 62 council shall work with the law enforcement unit to [obtain] assist such 63 unit to adopt and maintain [such] the minimum standards and practices 64 or the higher level of accreditation standards. 65 (f) If a law enforcement unit fails to comply with the guidance issued 66 by the council pursuant to subdivision (1) of subsection (g) of section 7-67 294d regarding reporting procedures to be followed by chief law 68 enforcement officers for certificate suspension, cancellation or 69 revocation, (1) the council may recommend to the Office of Policy and 70 Management, and the Secretary of the Office of Policy and Management 71 may order, an appropriate penalty in the form of the withholding of 72 state funds from such law enforcement unit, and (2) the council may 73 revoke the certificate of compliance with the minimum standards and 74 practices of tier one, tier two or tier three, as the case may be, issued 75 pursuant to this section. 76 [(d)] (g) No civil action may be brought against a law enforcement 77 unit for damages arising from the failure of the law enforcement unit to 78 [(1)] adopt and maintain [such] the minimum standards and practices 79 or a higher level of accreditation standards developed by the council or 80 the Commission on Accreditation for Law Enforcement Agencies, Inc, 81 pursuant to [subsection] subsections (b) to (d), inclusive, of this section. 82 Substitute Bill No. 6597 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06597- R01-HB.docx } 4 of 7 [, or (2) obtain and maintain accreditation by the Commission on 83 Accreditation for Law Enforcement Agencies, Inc., pursuant to 84 subsection (c) of this section.] 85 Sec. 2. Subdivision (22) of subsection (a) of section 7-294d of the 86 general statutes is repealed and the following is substituted in lieu 87 thereof (Effective from passage): 88 (22) (A) [Until December 31, 2024, to] To develop, adopt and revise, 89 as necessary, comprehensive accreditation standards for the 90 administration and management of law enforcement units, to grant 91 accreditation to those law enforcement units that demonstrate their 92 compliance with such standards and, at the request and expense of any 93 law enforcement unit, to conduct such surveys as may be necessary to 94 determine such unit's compliance with such standards; and (B) [on and 95 after January 1, 2025,] to work with any law enforcement unit that has 96 failed to [obtain] adopt or maintain [accreditation from] the minimum 97 standards and practices or a higher level of accreditation standards 98 developed by the council or the Commission on Accreditation for Law 99 Enforcement Agencies, Inc., pursuant to section 7-294ee, as amended by 100 this act; 101 Sec. 3. Subsection (a) of section 7-291d of the general statutes is 102 repealed and the following is substituted in lieu thereof (Effective from 103 passage): 104 (a) (1) No law enforcement unit, as defined in section 7-294a, shall 105 discharge, discipline, discriminate against or otherwise penalize a police 106 officer, as defined in section 7-294a, who is employed by such law 107 enforcement unit solely because the police officer (A) seeks or receives 108 mental health care services, [or] including such services as a result of a 109 behavioral health assessment conducted pursuant to section 7-291e, or 110 (B) surrenders his or her firearm, ammunition or electronic defense 111 weapon used in the performance of the police officer's official duties to 112 such law enforcement unit during the time the police officer receives 113 mental health care services. 114 Substitute Bill No. 6597 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06597- R01-HB.docx } 5 of 7 (2) The provisions of this subsection shall not be applicable to a police 115 officer who [(1)] (A) seeks or receives mental health care services to 116 avoid disciplinary action by such law enforcement unit, or [(2)] (B) 117 refuses to submit himself or herself to an examination as provided in 118 subsection (b) of this section. 119 Sec. 4. (Effective from passage) (a) The Commissioner of Administrative 120 Services, in consultation with the Commissioner of Emergency Services 121 and Public Protection, shall study and make recommendations 122 regarding ways to lower the costs incurred by municipal police 123 departments for digital data storage devices or services, as defined in 124 section 29-6d of the general statutes. Such study shall examine, at a 125 minimum, (1) the feasibility of, and costs associated with, expanding the 126 storage system used by the Department of Emergency Services and 127 Public Protection or building a new storage system to provide digital 128 data storage devices or services for municipal police departments, (2) 129 compliance with the Freedom of Information Act, as defined in section 130 1-200 of the general statutes, if a municipal police department stores 131 data from the recordings made by body-worn recording equipment on 132 a state-owned storage system, (3) cost-sharing arrangements with 133 municipal police departments that use a state-owned storage system 134 that consider a specific cost per police officer and police departments in 135 large municipalities and distressed municipalities, as defined in section 136 32-9p of the general statutes, and (4) any issues associated with a 137 municipal police department transferring data from one storage system 138 to a state-owned storage system. 139 (b) Not later than February 1, 2022, the Commissioner of 140 Administrative Services shall submit, in accordance with the provisions 141 of section 11-4a of the general statutes, its findings and 142 recommendations to the joint standing committee of the General 143 Assembly having cognizance of matters relating to public safety and 144 security. 145 Sec. 5. Section 4a-53 of the general statutes is repealed and the 146 following is substituted in lieu thereof (Effective from passage): 147 Substitute Bill No. 6597 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06597- R01-HB.docx } 6 of 7 (a) The Commissioner of Administrative Services may join with 148 federal agencies, other state governments, political subdivisions of this 149 state or nonprofit organizations in cooperative purchasing plans when 150 the best interests of the state would be served thereby. 151 (b) The state, through the Commissioner of Administrative Services, 152 may purchase equipment, supplies, materials and services from a 153 person who has a contract to sell such property or services to other state 154 governments, political subdivisions of this state, nonprofit 155 organizations or public purchasing consortia, in accordance with the 156 terms and conditions of such contract. 157 (c) The Commissioner of Administrative Services, in conjunction with 158 the Department of Energy and Environmental Protection and within 159 available appropriations, shall make known to the chief executive 160 officer of each municipality the existence of cooperative plans for the 161 purchase of recycled paper. 162 (d) The Commissioner of Administrative Services, in conjunction 163 with the Department of Emergency Services and Public Protection, shall 164 enter into a cooperative purchasing plan with each municipality that 165 seeks to enter into such plan for the purchase of digital data storage 166 devices or services, as defined in section 29-6d, for use by municipal 167 police departments. 168 Sec. 6. (NEW) (Effective from passage) (a) Not later than July 1, 2022, 169 the Police Officer Standards and Training Council, after consultation 170 with persons with mental or physical disabilities and advocates on 171 behalf of such persons, shall develop a training curriculum for police 172 officers regarding interactions with persons who have mental or 173 physical disabilities. 174 (b) On and after October 1, 2022, each police basic or review training 175 program conducted or administered by the Police Officer Standards and 176 Training Council, the Division of State Police within the Department of 177 Emergency Services and Public Protection or a municipal police 178 Substitute Bill No. 6597 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06597- R01-HB.docx } 7 of 7 department shall include the training curriculum developed pursuant 179 to subsection (a) of this section. 180 Sec. 7. Subsection (c) of section 7-277c of the general statutes is 181 repealed and the following is substituted in lieu thereof (Effective from 182 passage): 183 (c) The Office of Policy and Management shall distribute grants-in-184 aid to any municipality pursuant to this section during the fiscal years 185 ending June 30, 2021, and June 30, 2022. Any such grant-in-aid shall be 186 for up to fifty per cent of the cost of such purchase of body-worn 187 recording equipment, digital data storage devices or services or 188 dashboard cameras with a remote recorder, [if the municipality is a 189 distressed municipality, as defined in section 32-9p, or up to thirty per 190 cent of the cost of such purchase if the municipality is not a distressed 191 municipality,] provided the costs of such digital data storage services 192 covered by a grant-in-aid shall not be for a period of service that is 193 longer than one year. 194 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 7-294ee Sec. 2 from passage 7-294d(a)(22) Sec. 3 from passage 7-291d(a) Sec. 4 from passage New section Sec. 5 from passage 4a-53 Sec. 6 from passage New section Sec. 7 from passage 7-277c(c) Statement of Legislative Commissioners: In Section 1(a) and (f), "subdivision (1) of" was inserted for accuracy. PS Joint Favorable Subst.