Connecticut 2021 Regular Session

Connecticut House Bill HB06597 Compare Versions

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7-General Assembly Substitute Bill No. 6597
5+Action INTR 03/02/2021 12:13 AM
6+Attorney CNS
7+Working Draft Final
8+LCO Number New
9+Needed by 3/2/2021 12:00 PM
10+Special
11+Instructions
12+CopyDoc of LCO #4246, final,
13+thank you
14+
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16+LCO No. 4342 1 of 8
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18+General Assembly Raised Bill No. 6597
819 January Session, 2021
20+LCO No. 4342
921
22+
23+Referred to Committee on PUBLIC SAFETY AND SECURITY
24+
25+
26+Introduced by:
27+(PS)
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1432 AN ACT CONCERNING AC CREDITATION, REPORTING
1533 REQUIREMENTS, MENTAL HEALTH, DATA STORAG E SERVICES
1634 AND TRAINING OF LAW ENFO RCEMENT OFFICERS.
1735 Be it enacted by the Senate and House of Representatives in General
1836 Assembly convened:
1937
2038 Section 1. Section 7-294ee of the general statutes is repealed and the 1
2139 following is substituted in lieu thereof (Effective from passage): 2
2240 (a) [Until December 31, 2024, the] The Police Officer Standards and 3
2341 Training Council, established under section 7-294b, and the 4
2442 Commissioner of Emergency Services and Public Protection or the 5
2543 commissioner's designee, shall jointly develop, adopt and revise, as 6
26-necessary, minimum standards and practices for the administration, 7
44+necessary, minimum standards and practices for the administration, 7 DRAFT
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2748 [and] management and operation of law enforcement units, as defined 8
2849 in section 7-294a. Such minimum standards and practices shall be based 9
2950 upon standards established by the International Association of Chiefs of 10
3051 Police and the Commission on Accreditation for Law Enforcement 11
3152 Agencies, Inc., and shall include, but need not be limited to, standards 12
3253 and practices regarding bias-based policing, use of force, response to 13
3354 crimes of family violence, use of body-worn recording equipment, 14
3455 complaints that allege misconduct by police officers, use of electronic 15
3556 defense weapons, eyewitness identification procedures, notifications in 16
36-death and related events and pursuits by police officers and compliance 17 Substitute Bill No. 6597
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43-with the guidance issued by the council pursuant to subdivision (1) of 18
44-subsection (g) of section 7-294d regarding reporting procedures to be 19
45-followed by chief law enforcement officers for certificate suspension, 20
46-cancellation or revocation. The minimum standards and practices shall 21
47-be divided into three tiers, known as tier one, tier two and tier three. Tier 22
48-one shall consist of minimum standards and practices designed to 23
49-protect law enforcement units from liability, enhance the delivery of 24
50-services and improve public confidence in law enforcement units. Tier 25
51-two shall consist of minimum standards and practices for the 26
52-administration, management and operation of law enforcement units. 27
53-Tier three shall consist of higher minimum standards and practices for 28
54-the administration, management and operation of law enforcement 29
55-units. The council shall post [such] the minimum standards and 30
56-practices of each tier on the council's Internet web site and disseminate 31
57-[such] the minimum standards and practices of each tier to law 32
58-enforcement units. The council and commissioner or the commissioner's 33
59-designee shall jointly develop a process to review a law enforcement 34
60-unit's compliance with [such] the minimum standards and practices of 35
61-each tier and issue a certificate of compliance with [law enforcement] 36
62-the minimum standards and practices of tier one, tier two or tier three, 37
63-as the case may be, to a law enforcement unit that meets or exceeds 38
64-[such] the minimum standards and practices of such tier. 39
57+death and related events and pursuits by police officers and compliance 17
58+with the reporting procedures outlined by the council in guidance 18
59+regarding subdivision (2) of subsection (c) of section 7-294 and the 19
60+implementation of public act 20-1 of the July special session. The 20
61+minimum standards and practices shall be divided into three tiers, 21
62+known as tier one, tier two and tier three. Tier one shall consist of 22
63+minimum standards and practices designed to protect law enforcement 23
64+units from liability, enhance the delivery of services and improve public 24
65+confidence in law enforcement units. Tier two shall consist of minimum 25
66+standards and practices for the administration, management and 26
67+operation of law enforcement units. Tier three shall consist of higher 27
68+minimum standards and practices for the administration, management 28
69+and operation of law enforcement units. The council shall post [such] 29
70+the minimum standards and practices of each tier on the council's 30
71+Internet web site and disseminate [such] the minimum standards and 31
72+practices of each tier to law enforcement units. The council and 32
73+commissioner or the commissioner's designee shall jointly develop a 33
74+process to review a law enforcement unit's compliance with [such] the 34
75+minimum standards and practices of each tier and issue a certificate of 35
76+compliance with [law enforcement] the minimum standards and 36
77+practices of tier one, tier two or tier three, as the case may be, to a law 37
78+enforcement unit that meets or exceeds [such] the minimum standards 38
79+and practices of such tier. 39
6580 (b) On and after January 1, [2019] 2022, and until December 31, [2024] 40
6681 2023, each law enforcement unit shall adopt and maintain (1) the 41
67-minimum standards and practices of tier one developed by the council 42
82+minimum standards and practices of tier one developed by the council 42 DRAFT
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6886 pursuant to subsection (a) of this section, or (2) a higher level of 43
6987 accreditation standards developed by the council or the Commission on 44
7088 Accreditation for Law Enforcement Agencies, Inc. 45
7189 (c) On and after January 1, 2023, and until December 31, 2024, each 46
7290 law enforcement unit shall adopt and maintain (1) the minimum 47
7391 standards and practices of tier two developed by the council pursuant 48
7492 to subsection (a) of this section, or (2) a higher level of accreditation 49
75-standards developed by the council or the Commission on Accreditation 50 Substitute Bill No. 6597
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93+standards developed by the council or the Commission on Accreditation 50
8294 for Law Enforcement Agencies, Inc. 51
8395 [(c)] (d) On and after January 1, 2025, each law enforcement unit shall 52
8496 [obtain and maintain accreditation] adopt and maintain (1) the 53
8597 minimum standards and practices of tier three developed by the council 54
8698 pursuant to subsection (a) of this section, or (2) a higher level of 55
8799 accreditation standards developed by the Commission on Accreditation 56
88100 for Law Enforcement Agencies, Inc. 57
89101 (e) If a law enforcement unit fails to [obtain] adopt or maintain [such 58
90102 accreditation] the minimum standards and practices or a higher level of 59
91103 accreditation standards developed by the council or the Commission on 60
92104 Accreditation for Law Enforcement Agencies, Inc., in accordance with 61
93105 the provisions of subsections (b) to (d), inclusive, of this subsection, the 62
94106 council shall work with the law enforcement unit to [obtain] assist such 63
95107 unit to adopt and maintain [such] the minimum standards and practices 64
96108 or the higher level of accreditation standards. 65
97-(f) If a law enforcement unit fails to comply with the guidance issued 66
98-by the council pursuant to subdivision (1) of subsection (g) of section 7-67
99-294d regarding reporting procedures to be followed by chief law 68
100-enforcement officers for certificate suspension, cancellation or 69
101-revocation, (1) the council may recommend to the Office of Policy and 70
102-Management, and the Secretary of the Office of Policy and Management 71
103-may order, an appropriate penalty in the form of the withholding of 72
104-state funds from such law enforcement unit, and (2) the council may 73
105-revoke the certificate of compliance with the minimum standards and 74
106-practices of tier one, tier two or tier three, as the case may be, issued 75
107-pursuant to this section. 76
108-[(d)] (g) No civil action may be brought against a law enforcement 77
109-unit for damages arising from the failure of the law enforcement unit to 78
110-[(1)] adopt and maintain [such] the minimum standards and practices 79
111-or a higher level of accreditation standards developed by the council or 80
112-the Commission on Accreditation for Law Enforcement Agencies, Inc, 81
113-pursuant to [subsection] subsections (b) to (d), inclusive, of this section. 82 Substitute Bill No. 6597
109+(f) If a law enforcement unit fails to comply with the reporting 66
110+procedures outlined by the council in guidance regarding subdivision 67
111+(2) of subsection (c) of section 7-294 and the implementation of public 68
112+act 20-1 of the July special session, (1) the council may recommend to 69
113+the Office of Policy and Management and the Secretary of the Office of 70
114+Policy and Management may order an appropriate penalty in the form 71
115+of the withholding of state funds from such law enforcement unit, and 72
116+(2) the council may revoke the certificate of compliance with the 73
117+minimum standards and practices of tier one, tier two or tier three, as 74
118+the case may be, issued pursuant to this section. 75 DRAFT
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122+[(d)] (g) No civil action may be brought against a law enforcement 76
123+unit for damages arising from the failure of the law enforcement unit to 77
124+[(1)] adopt and maintain [such] the minimum standards and practices 78
125+or a higher level of accreditation standards developed by the council or 79
126+the Commission on Accreditation for Law Enforcement Agencies, Inc, 80
127+pursuant to [subsection] subsections (b) to (d), inclusive, of this section. 81
128+[, or (2) obtain and maintain accreditation by the Commission on 82
129+Accreditation for Law Enforcement Agencies, Inc., pursuant to 83
130+subsection (c) of this section.] 84
131+Sec. 2. Subdivision (22) of subsection (a) of section 7-294d of the 85
132+general statutes is repealed and the following is substituted in lieu 86
133+thereof (Effective from passage): 87
134+(22) (A) [Until December 31, 2024, to] To develop, adopt and revise, 88
135+as necessary, comprehensive accreditation standards for the 89
136+administration and management of law enforcement units, to grant 90
137+accreditation to those law enforcement units that demonstrate their 91
138+compliance with such standards and, at the request and expense of any 92
139+law enforcement unit, to conduct such surveys as may be necessary to 93
140+determine such unit's compliance with such standards; and (B) [on and 94
141+after January 1, 2025,] to work with any law enforcement unit that has 95
142+failed to [obtain] adopt or maintain [accreditation from] the minimum 96
143+standards and practices or a higher level of accreditation standards 97
144+developed by the council or the Commission on Accreditation for Law 98
145+Enforcement Agencies, Inc., pursuant to section 7-294ee, as amended by 99
146+this act; 100
147+Sec. 3. Subsection (a) of section 7-291d of the general statutes is 101
148+repealed and the following is substituted in lieu thereof (Effective from 102
149+passage): 103
150+(a) No law enforcement unit, as defined in section 7-294a, shall 104
151+discharge, discipline, discriminate against or otherwise penalize a police 105
152+officer, as defined in section 7-294a, who is employed by such law 106
153+enforcement unit solely because (1) the police officer seeks or receives 107
154+mental health care services, [or] (2) the police officer surrenders his or 108 DRAFT
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120-[, or (2) obtain and maintain accreditation by the Commission on 83
121-Accreditation for Law Enforcement Agencies, Inc., pursuant to 84
122-subsection (c) of this section.] 85
123-Sec. 2. Subdivision (22) of subsection (a) of section 7-294d of the 86
124-general statutes is repealed and the following is substituted in lieu 87
125-thereof (Effective from passage): 88
126-(22) (A) [Until December 31, 2024, to] To develop, adopt and revise, 89
127-as necessary, comprehensive accreditation standards for the 90
128-administration and management of law enforcement units, to grant 91
129-accreditation to those law enforcement units that demonstrate their 92
130-compliance with such standards and, at the request and expense of any 93
131-law enforcement unit, to conduct such surveys as may be necessary to 94
132-determine such unit's compliance with such standards; and (B) [on and 95
133-after January 1, 2025,] to work with any law enforcement unit that has 96
134-failed to [obtain] adopt or maintain [accreditation from] the minimum 97
135-standards and practices or a higher level of accreditation standards 98
136-developed by the council or the Commission on Accreditation for Law 99
137-Enforcement Agencies, Inc., pursuant to section 7-294ee, as amended by 100
138-this act; 101
139-Sec. 3. Subsection (a) of section 7-291d of the general statutes is 102
140-repealed and the following is substituted in lieu thereof (Effective from 103
141-passage): 104
142-(a) (1) No law enforcement unit, as defined in section 7-294a, shall 105
143-discharge, discipline, discriminate against or otherwise penalize a police 106
144-officer, as defined in section 7-294a, who is employed by such law 107
145-enforcement unit solely because the police officer (A) seeks or receives 108
146-mental health care services, [or] including such services as a result of a 109
147-behavioral health assessment conducted pursuant to section 7-291e, or 110
148-(B) surrenders his or her firearm, ammunition or electronic defense 111
149-weapon used in the performance of the police officer's official duties to 112
150-such law enforcement unit during the time the police officer receives 113
151-mental health care services. 114 Substitute Bill No. 6597
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158+her firearm, ammunition or electronic defense weapon used in the 109
159+performance of the police officer's official duties to such law 110
160+enforcement unit during the time the police officer receives mental 111
161+health care services, or (3) of the results of a behavioral health 112
162+assessment conducted pursuant to section 7-291e. The provisions of this 113
163+subsection shall not be applicable to a police officer who (1) seeks or 114
164+receives mental health care services to avoid disciplinary action by such 115
165+law enforcement unit, or (2) refuses to submit himself or herself to an 116
166+examination as provided in subsection (b) of this section. 117
167+Sec. 4. (Effective from passage) (a) The Commissioner of Administrative 118
168+Services, in consultation with the Commissioner of Emergency Services 119
169+and Public Protection, shall study and make recommendations 120
170+regarding ways to lower the costs incurred by municipal police 121
171+departments for digital data storage devices or services, as defined in 122
172+section 29-6d of the general statutes. Such study shall examine, at a 123
173+minimum, (1) the feasibility of and costs associated with expanding the 124
174+storage system used by the Department of Emergency Services and 125
175+Public Protection and with building a new storage system to provide 126
176+digital data storage devices or services for municipal police 127
177+departments, (2) compliance with the Freedom of Information Act, as 128
178+defined in section 1-200 of the general statutes, if a municipal police 129
179+department stored data from the recordings made by body-worn 130
180+recording equipment on a state-owned storage system, (3) cost-sharing 131
181+arrangements with municipal police departments that use a state-132
182+owned storage system that consider a specific cost per police officer and 133
183+police departments in large municipalities and distressed 134
184+municipalities, as defined in section 32-9p of the general statutes, and 135
185+(4) any issues associated with a municipal police department 136
186+transferring data from one storage system to a state-owned storage 137
187+system. 138
188+(b) Not later than February 1, 2022, the Commissioner of 139
189+Administrative Services shall submit, in accordance with the provisions 140
190+of section 11-4a of the general statutes, its findings and 141
191+recommendations to the joint standing committee of the General 142 DRAFT
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158-(2) The provisions of this subsection shall not be applicable to a police 115
159-officer who [(1)] (A) seeks or receives mental health care services to 116
160-avoid disciplinary action by such law enforcement unit, or [(2)] (B) 117
161-refuses to submit himself or herself to an examination as provided in 118
162-subsection (b) of this section. 119
163-Sec. 4. (Effective from passage) (a) The Commissioner of Administrative 120
164-Services, in consultation with the Commissioner of Emergency Services 121
165-and Public Protection, shall study and make recommendations 122
166-regarding ways to lower the costs incurred by municipal police 123
167-departments for digital data storage devices or services, as defined in 124
168-section 29-6d of the general statutes. Such study shall examine, at a 125
169-minimum, (1) the feasibility of, and costs associated with, expanding the 126
170-storage system used by the Department of Emergency Services and 127
171-Public Protection or building a new storage system to provide digital 128
172-data storage devices or services for municipal police departments, (2) 129
173-compliance with the Freedom of Information Act, as defined in section 130
174-1-200 of the general statutes, if a municipal police department stores 131
175-data from the recordings made by body-worn recording equipment on 132
176-a state-owned storage system, (3) cost-sharing arrangements with 133
177-municipal police departments that use a state-owned storage system 134
178-that consider a specific cost per police officer and police departments in 135
179-large municipalities and distressed municipalities, as defined in section 136
180-32-9p of the general statutes, and (4) any issues associated with a 137
181-municipal police department transferring data from one storage system 138
182-to a state-owned storage system. 139
183-(b) Not later than February 1, 2022, the Commissioner of 140
184-Administrative Services shall submit, in accordance with the provisions 141
185-of section 11-4a of the general statutes, its findings and 142
186-recommendations to the joint standing committee of the General 143
187-Assembly having cognizance of matters relating to public safety and 144
188-security. 145
189-Sec. 5. Section 4a-53 of the general statutes is repealed and the 146
190-following is substituted in lieu thereof (Effective from passage): 147 Substitute Bill No. 6597
195+Assembly having cognizance of matters relating to public safety and 143
196+security. 144
197+Sec. 5. Section 4a-53 of the general statutes is repealed and the 145
198+following is substituted in lieu thereof (Effective from passage): 146
199+(a) The Commissioner of Administrative Services may join with 147
200+federal agencies, other state governments, political subdivisions of this 148
201+state or nonprofit organizations in cooperative purchasing plans when 149
202+the best interests of the state would be served thereby. 150
203+(b) The state, through the Commissioner of Administrative Services, 151
204+may purchase equipment, supplies, materials and services from a 152
205+person who has a contract to sell such property or services to other state 153
206+governments, political subdivisions of this state, nonprofit 154
207+organizations or public purchasing consortia, in accordance with the 155
208+terms and conditions of such contract. 156
209+(c) The Commissioner of Administrative Services, in conjunction with 157
210+the Department of Energy and Environmental Protection and within 158
211+available appropriations, shall make known to the chief executive 159
212+officer of each municipality the existence of cooperative plans for the 160
213+purchase of recycled paper. 161
214+(d) The Commissioner of Administrative Services, in conjunction 162
215+with the Department of Emergency Services and Public Protection, shall 163
216+enter into a cooperative purchasing plan with each municipality that 164
217+seeks to enter into such plan for the purchase of digital data storage 165
218+devices or services, as defined in section 29-6d, for use by municipal 166
219+police departments. 167
220+Sec. 6. (NEW) (Effective from passage) (a) Not later than July 1, 2022, 168
221+the Police Officer Standards and Training Council, after consultation 169
222+with persons with mental or physical disabilities and advocates on 170
223+behalf of such persons, shall develop a training curriculum for police 171
224+officers regarding interactions with persons with mental or physical 172
225+disabilities. 173 DRAFT
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197-(a) The Commissioner of Administrative Services may join with 148
198-federal agencies, other state governments, political subdivisions of this 149
199-state or nonprofit organizations in cooperative purchasing plans when 150
200-the best interests of the state would be served thereby. 151
201-(b) The state, through the Commissioner of Administrative Services, 152
202-may purchase equipment, supplies, materials and services from a 153
203-person who has a contract to sell such property or services to other state 154
204-governments, political subdivisions of this state, nonprofit 155
205-organizations or public purchasing consortia, in accordance with the 156
206-terms and conditions of such contract. 157
207-(c) The Commissioner of Administrative Services, in conjunction with 158
208-the Department of Energy and Environmental Protection and within 159
209-available appropriations, shall make known to the chief executive 160
210-officer of each municipality the existence of cooperative plans for the 161
211-purchase of recycled paper. 162
212-(d) The Commissioner of Administrative Services, in conjunction 163
213-with the Department of Emergency Services and Public Protection, shall 164
214-enter into a cooperative purchasing plan with each municipality that 165
215-seeks to enter into such plan for the purchase of digital data storage 166
216-devices or services, as defined in section 29-6d, for use by municipal 167
217-police departments. 168
218-Sec. 6. (NEW) (Effective from passage) (a) Not later than July 1, 2022, 169
219-the Police Officer Standards and Training Council, after consultation 170
220-with persons with mental or physical disabilities and advocates on 171
221-behalf of such persons, shall develop a training curriculum for police 172
222-officers regarding interactions with persons who have mental or 173
223-physical disabilities. 174
224-(b) On and after October 1, 2022, each police basic or review training 175
225-program conducted or administered by the Police Officer Standards and 176
226-Training Council, the Division of State Police within the Department of 177
227-Emergency Services and Public Protection or a municipal police 178 Substitute Bill No. 6597
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234-department shall include the training curriculum developed pursuant 179
235-to subsection (a) of this section. 180
236-Sec. 7. Subsection (c) of section 7-277c of the general statutes is 181
237-repealed and the following is substituted in lieu thereof (Effective from 182
238-passage): 183
239-(c) The Office of Policy and Management shall distribute grants-in-184
240-aid to any municipality pursuant to this section during the fiscal years 185
241-ending June 30, 2021, and June 30, 2022. Any such grant-in-aid shall be 186
242-for up to fifty per cent of the cost of such purchase of body-worn 187
243-recording equipment, digital data storage devices or services or 188
244-dashboard cameras with a remote recorder, [if the municipality is a 189
245-distressed municipality, as defined in section 32-9p, or up to thirty per 190
246-cent of the cost of such purchase if the municipality is not a distressed 191
247-municipality,] provided the costs of such digital data storage services 192
248-covered by a grant-in-aid shall not be for a period of service that is 193
249-longer than one year. 194
229+(b) On and after October 1, 2022, each police basic or review training 174
230+program conducted or administered by the Police Officer Standards and 175
231+Training Council, the Division of State Police within the Department of 176
232+Emergency Services and Public Protection or a municipal police 177
233+department shall include the training curriculum developed pursuant 178
234+to subsection (a) of this section. 179
235+Sec. 7. Subsection (c) of section 7-277c of the general statutes is 180
236+repealed and the following is substituted in lieu thereof (Effective from 181
237+passage): 182
238+(c) The Office of Policy and Management shall distribute grants-in-183
239+aid to any municipality pursuant to this section during the fiscal years 184
240+ending June 30, 2021, and June 30, 2022. Any such grant-in-aid shall be 185
241+for up to fifty per cent of the cost of such purchase of body-worn 186
242+recording equipment, digital data storage devices or services or 187
243+dashboard cameras with a remote recorder, [if the municipality is a 188
244+distressed municipality, as defined in section 32-9p, or up to thirty per 189
245+cent of the cost of such purchase if the municipality is not a distressed 190
246+municipality,] provided the costs of such digital data storage services 191
247+covered by a grant-in-aid shall not be for a period of service that is 192
248+longer than one year.193
250249 This act shall take effect as follows and shall amend the following
251250 sections:
252251
253252 Section 1 from passage 7-294ee
254253 Sec. 2 from passage 7-294d(a)(22)
255254 Sec. 3 from passage 7-291d(a)
256255 Sec. 4 from passage New section
257256 Sec. 5 from passage 4a-53
258257 Sec. 6 from passage New section
259258 Sec. 7 from passage 7-277c(c)
260259
261-Statement of Legislative Commissioners:
262-In Section 1(a) and (f), "subdivision (1) of" was inserted for accuracy.
260+Statement of Purpose:
261+To revise the requirements regarding the accreditation of law
262+enforcement units, study ways to lower the costs associated with data
263+storage or services related to body-worn recording equipment, require DRAFT
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264-PS Joint Favorable Subst.
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267+police officers receive training regarding interactions with persons with
268+mental or physical disabilities, and revise the amount of a grant-in-aid
269+to municipalities for the purchase of body-worn recording equipment.
270+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
271+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
272+underlined.]
265273