Connecticut 2021 Regular Session

Connecticut House Bill HB06597 Latest Draft

Bill / Comm Sub Version Filed 04/07/2021

                             
 
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 Section 7-294ee of the general statutes is repealed and the 1 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.