Connecticut 2022 Regular Session

Connecticut House Bill HB05372 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+
	2	+
	3	+	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05372-R02-
	4	+	HB.docx
	5	+	1 of 8
	6	+
	7	+	General Assembly Substitute Bill No. 5372
	8	+	February Session, 2022
1	9
2	10
3	11
4		-	Substitute House Bill No. 5372
5		-
6		-	Public Act No. 22-114
7	12
8	13
9	14		AN ACT CONCERNING PERIODIC BEHAVIORAL HEALTH
10	15		ASSESSMENTS, POLICE OFFICER RECRUITMENT, SCHOOL
11	16		RESOURCE OFFICERS, REPORTING OF VIOLATIONS TO THE
12	17		POLICE OFFICER STANDARDS AND TRAINING COUNCIL,
13		-	INVESTIGATIONS BY THE INSPECTOR GENERAL, MINIMUM
	18	+	INVESTIGATIONS BY THE INSPECTOR GENERAL AND MINIMUM
14	19		STANDARDS AND PRACTICES FOR THE ADMINISTRATION,
15		-	MANAGEMENT AND OPERATION OF LAW ENFORCEMENT UNITS
16		-	AND THE CORRECTION ADVISORY COMMITTEE.
	20	+	MANAGEMENT AND OPERATION OF LAW ENFORCEMENT UNITS.
17	21		Be it enacted by the Senate and House of Representatives in General
18	22		Assembly convened:
19	23
20		-	Section 1. Section 7-291e of the general statutes is repealed and the
21		-	following is substituted in lieu thereof (Effective July 1, 2022):
22		-	(a) As used in this section: (1) "Administrative head of each law
23		-	enforcement unit" means the Commissioner of Emergency Services and
24		-	Public Protection, the board of police commissioners, the chief of police,
25		-	superintendent of police or other authority having charge of a law
26		-	enforcement unit; and (2) "behavioral health assessment" means a
27		-	behavioral health assessment of a police officer conducted by a board-
28		-	certified psychiatrist, [or] psychologist licensed pursuant to the
29		-	provisions of chapter 383 or a clinical social worker licensed pursuant
30		-	to the provisions of chapter 383b, who has experience diagnosing and
31		-	treating post-traumatic stress disorder.
32		-	(b) On and after January 1, 2021, the administrative head of each law Substitute House Bill No. 5372
	24	+	Section 1. Section 7-291e of the general statutes is repealed and the 1
	25	+	following is substituted in lieu thereof (Effective July 1, 2022): 2
	26	+	(a) As used in this section: (1) "Administrative head of each law 3
	27	+	enforcement unit" means the Commissioner of Emergency Services and 4
	28	+	Public Protection, the board of police commissioners, the chief of police, 5
	29	+	superintendent of police or other authority having charge of a law 6
	30	+	enforcement unit; and (2) "behavioral health assessment" means a 7
	31	+	behavioral health assessment of a police officer conducted by a board-8
	32	+	certified psychiatrist, [or] psychologist licensed pursuant to the 9
	33	+	provisions of chapter 383 or a clinical social worker licensed pursuant 10
	34	+	to the provisions of chapter 383b, who has experience diagnosing and 11
	35	+	treating post-traumatic stress disorder. 12
	36	+	(b) On and after January 1, 2021, the administrative head of each law 13
	37	+	enforcement unit shall require each police officer employed by such law 14 Substitute Bill No. 5372
33	38
34		-	Public Act No. 22-114 2 of 7
35	39
36		-	enforcement unit shall require each police officer employed by such law
37		-	enforcement unit to submit, as a condition of continued employment, to
38		-	a periodic behavioral health assessment. Each police officer employed
39		-	by a law enforcement unit shall submit to a periodic behavioral health
40		-	assessment not less than once every five years. In carrying out the
41		-	provisions of this section, the administrative head of each law
42		-	enforcement unit may stagger the scheduling of such behavioral health
43		-	assessments in a manner that results in approximately twenty per cent
44		-	of the total number of police officers in the law enforcement unit
45		-	receiving behavioral health assessments each year over a five-year
46		-	period. Notwithstanding the provisions of this subsection, the
47		-	administrative head of a law enforcement unit may waive the
48		-	requirement that a police officer submit to a periodic behavioral health
49		-	assessment when the police officer has submitted written notification of
50		-	his or her decision to retire from the law enforcement unit to such
51		-	administrative head, provided the effective date of such retirement is
52		-	not more than six months beyond the date on which such periodic
53		-	behavioral health assessment is scheduled to occur.
54		-	(c) In addition to the behavioral health assessments required
55		-	pursuant to subsection (b) of this section, the administrative head of
56		-	each law enforcement unit may, for good cause shown, require a police
57		-	officer to submit to an additional behavioral health assessment. The
58		-	administrative head of a law enforcement unit requiring that a police
59		-	officer submit to an additional behavioral health assessment shall
60		-	provide the police officer with a written statement setting forth the good
61		-	faith basis for requiring the police officer to submit to an additional
62		-	behavioral health assessment. Upon receiving such written statement,
63		-	the police officer shall, not later than thirty days after the date of the
64		-	written request, submit to such behavioral health assessment.
65		-	(d) A law enforcement unit that hires any person as a police officer,
66		-	who was previously employed as a police officer by another law Substitute House Bill No. 5372
	40	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05372-
	41	+	R02-HB.docx }
	42	+	2 of 8
67	43
68		-	Public Act No. 22-114 3 of 7
	44	+	enforcement unit to submit, as a condition of continued employment, to 15
	45	+	a periodic behavioral health assessment. Each police officer employed 16
	46	+	by a law enforcement unit shall submit to a periodic behavioral health 17
	47	+	assessment not less than once every five years. In carrying out the 18
	48	+	provisions of this section, the administrative head of each law 19
	49	+	enforcement unit may stagger the scheduling of such behavioral health 20
	50	+	assessments in a manner that results in approximately twenty per cent 21
	51	+	of the total number of police officers in the law enforcement unit 22
	52	+	receiving behavioral health assessments each year over a five-year 23
	53	+	period. Notwithstanding the provisions of this subsection, the 24
	54	+	administrative head of a law enforcement unit may waive the 25
	55	+	requirement that a police officer submit to a periodic behavioral health 26
	56	+	assessment when the police officer has submitted written notification of 27
	57	+	his or her decision to retire from the law enforcement unit to such 28
	58	+	administrative head, provided the effective date of such retirement is 29
	59	+	not more than six months beyond the date on which such periodic 30
	60	+	behavioral health assessment is scheduled to occur. 31
	61	+	(c) In addition to the behavioral health assessments required 32
	62	+	pursuant to subsection (b) of this section, the administrative head of 33
	63	+	each law enforcement unit may, for good cause shown, require a police 34
	64	+	officer to submit to an additional behavioral health assessment. The 35
	65	+	administrative head of a law enforcement unit requiring that a police 36
	66	+	officer submit to an additional behavioral health assessment shall 37
	67	+	provide the police officer with a written statement setting forth the good 38
	68	+	faith basis for requiring the police officer to submit to an additional 39
	69	+	behavioral health assessment. Upon receiving such written statement, 40
	70	+	the police officer shall, not later than thirty days after the date of the 41
	71	+	written request, submit to such behavioral health assessment. 42
	72	+	(d) A law enforcement unit that hires any person as a police officer, 43
	73	+	who was previously employed as a police officer by another law 44
	74	+	enforcement unit or employed as a police officer in any other 45
	75	+	jurisdiction, may require such new hire to submit to a behavioral health 46
	76	+	assessment not later than six months after the date of hire. When 47 Substitute Bill No. 5372
69	77
70		-	enforcement unit or employed as a police officer in any other
71		-	jurisdiction, may require such new hire to submit to a behavioral health
72		-	assessment not later than six months after the date of hire. When
73		-	determining whether such new hire shall be required to submit to a
74		-	behavioral health assessment, the law enforcement unit shall give due
75		-	consideration to factors that include, but are not limited to, the date on
76		-	which such new hire most recently submitted to a behavioral health
77		-	assessment.
78		-	(e) Any person conducting a behavioral health assessment of a police
79		-	officer pursuant to the provisions of this section shall provide a written
80		-	copy of the results of such assessment to the police officer and to the
81		-	administrative head of the law enforcement unit employing the police
82		-	officer.
83		-	(f) The results of any behavioral health assessment conducted in
84		-	accordance with the provisions of this section and any record or note
85		-	maintained by a psychiatrist, [or] psychologist, or clinical social worker
86		-	in connection with the conducting of such assessment shall not be
87		-	subject to disclosure under section 1-210.
88		-	Sec. 2. Section 7-291b of the general statutes is repealed and the
89		-	following is substituted in lieu thereof (Effective October 1, 2022):
90		-	Not later than January 1, 2016, each law enforcement unit, as defined
91		-	in section 7-294a, shall develop and implement guidelines for the
92		-	recruitment, retention and promotion of minority police officers, as
93		-	defined in section 7-294a. Such guidelines shall promote achieving the
94		-	goal of racial, gender, ideological and ethnic diversity within the law
95		-	enforcement unit and community involvement.
96		-	Sec. 3. (Effective from passage) (a) Not later than thirty days after the
97		-	effective date of this section, the Board of Regents for Higher Education
98		-	shall select a public institution of higher education to study the role and Substitute House Bill No. 5372
99	78
100		-	Public Act No. 22-114 4 of 7
	79	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05372-
	80	+	R02-HB.docx }
	81	+	3 of 8
101	82
102		-	impact school resource officers have on students with disabilities.
103		-	(b) As part of such study, the selected public institution of higher
104		-	education shall:
105		-	(1) Determine how many school resource officers are employed in
106		-	this state and the number of such officers in each school district;
107		-	(2) Detail the funding mechanisms each district uses to employ school
108		-	resource officers;
109		-	(3) Develop metrics for assessing the efficacy of school resource
110		-	officers, particularly in the context of interactions with students with
111		-	disabilities;
112		-	(4) Determine the chain of command structure when students with
113		-	disabilities experience crises in school, including who responds and
114		-	when;
115		-	(5) Determine what the process is for entering into memoranda of
116		-	understanding between school districts, boards of education and school
117		-	resource officers, and public accessibility to such process; and
118		-	(6) Explore other issues that the public institution of higher education
119		-	conducting the study deems relevant to such study.
120		-	(c) Not later than December 1, 2022, the selected public institution
121		-	shall report its findings in accordance with the provisions of section 11-
122		-	4a of the general statutes to the joint standing committee of the General
123		-	Assembly having cognizance of matters relating to the judiciary.
124		-	Sec. 4. Section 7-294d of the 2022 supplement to the general statutes
125		-	is amended by adding subsection (h) as follows (Effective October 1,
126		-	2022):
127		-	(NEW) (h) (1) The chief law enforcement officer of each law Substitute House Bill No. 5372
	83	+	determining whether such new hire shall be required to submit to a 48
	84	+	behavioral health assessment, the law enforcement unit shall give due 49
	85	+	consideration to factors that include, but are not limited to, the date on 50
	86	+	which such new hire most recently submitted to a behavioral health 51
	87	+	assessment. 52
	88	+	(e) Any person conducting a behavioral health assessment of a police 53
	89	+	officer pursuant to the provisions of this section shall provide a written 54
	90	+	copy of the results of such assessment to the police officer and to the 55
	91	+	administrative head of the law enforcement unit employing the police 56
	92	+	officer. 57
	93	+	(f) The results of any behavioral health assessment conducted in 58
	94	+	accordance with the provisions of this section and any record or note 59
	95	+	maintained by a psychiatrist, [or] psychologist, or clinical social worker 60
	96	+	in connection with the conducting of such assessment shall not be 61
	97	+	subject to disclosure under section 1-210. 62
	98	+	Sec. 2. Section 7-291b of the general statutes is repealed and the 63
	99	+	following is substituted in lieu thereof (Effective October 1, 2022): 64
	100	+	Not later than January 1, 2016, each law enforcement unit, as defined 65
	101	+	in section 7-294a, shall develop and implement guidelines for the 66
	102	+	recruitment, retention and promotion of minority police officers, as 67
	103	+	defined in section 7-294a. Such guidelines shall promote achieving the 68
	104	+	goal of racial, gender, ideological and ethnic diversity within the law 69
	105	+	enforcement unit and community involvement. 70
	106	+	Sec. 3. (Effective from passage) (a) Not later than thirty days after the 71
	107	+	effective date of this section, the Board of Regents for Higher Education 72
	108	+	shall select a public institution of higher education to study and evaluate 73
	109	+	the role and impact school resource officers have on students with 74
	110	+	disabilities. 75
	111	+	(b) As part of such study, the selected public institution of higher 76
	112	+	education shall: 77 Substitute Bill No. 5372
128	113
129		-	Public Act No. 22-114 5 of 7
130	114
131		-	enforcement unit shall report to the council any violation where a
132		-	certificate holder has been found by the law enforcement unit, pursuant
133		-	to procedures established by such unit, to have: (A) Used unreasonable,
134		-	excessive or illegal force that causes serious physical injury to or the
135		-	death of another person, or used unreasonable, excessive or illegal force
136		-	that was likely to cause serious physical injury or death to another
137		-	person; (B) while acting in a law enforcement capacity, failed to
138		-	intervene or stop the use of unreasonable, excessive or illegal force by
139		-	another police officer that caused serious physical injury or death to
140		-	another person, or unreasonable, excessive or illegal force that was
141		-	likely to cause serious physical injury or death to another person, or to
142		-	notify a supervisor and submit a written report of such acts where the
143		-	holder has personal knowledge of such acts and had the ability to
144		-	prevent such acts; (C) intentionally intimidated or harassed another
145		-	person based upon actual or perceived protected class membership,
146		-	identity or expression and in doing so threatened to commit or caused
147		-	physical injury to another person; and (D) been terminated, dismissed,
148		-	resigned or retired under circumstances described in section 7-291c.
149		-	(2) If the chief law enforcement officer of any municipal police
150		-	department or the Department of Emergency Services and Public
151		-	Protection fails to report to the council as required in subdivision (1) of
152		-	this subsection, the council shall notify the Inspector General who shall
153		-	investigate such failure to report. The Inspector General shall report the
154		-	findings of the investigation to the Governor and joint standing
155		-	committee of the General Assembly having cognizance of matters
156		-	relating to the judiciary in accordance with the provisions of section 11-
157		-	4a.
158		-	Sec. 5. Subsection (a) of section 51-277e of the 2022 supplement to the
159		-	general statutes is repealed and the following is substituted in lieu
160		-	thereof (Effective October 1, 2022):
161		-	(a) There is established the Office of the Inspector General that shall Substitute House Bill No. 5372
	115	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05372-
	116	+	R02-HB.docx }
	117	+	4 of 8
162	118
163		-	Public Act No. 22-114 6 of 7
	119	+	(1) Determine how many school resource officers are employed in 78
	120	+	this state and the number of such officers in each school district; 79
	121	+	(2) Detail the funding mechanisms each district uses to employ school 80
	122	+	resource officers; 81
	123	+	(3) Develop metrics for assessing the efficacy of school resource 82
	124	+	officers, particularly in the context of interactions with students with 83
	125	+	disabilities; 84
	126	+	(4) Determine the chain of command structure when students with 85
	127	+	disabilities experience crises in school, including who responds and 86
	128	+	when; 87
	129	+	(5) Determine what the process is for entering into memoranda of 88
	130	+	understanding between school districts, boards of education and school 89
	131	+	resource officers, and public accessibility to such process; and 90
	132	+	(6) Explore other issues that the public institution of higher education 91
	133	+	conducting the study deems relevant to such study. 92
	134	+	(c) Not later than December 1, 2022, the selected public institution 93
	135	+	shall report its findings in accordance with the provisions of section 11-94
	136	+	4a of the general statutes to the joint standing committee of the General 95
	137	+	Assembly having cognizance of matters relating to the judiciary. 96
	138	+	Sec. 4. Section 7-294d of the 2022 supplement to the general statutes 97
	139	+	is amended by adding subsection (h) as follows (Effective October 1, 98
	140	+	2022): 99
	141	+	(NEW) (h) (1) The chief law enforcement officer of each law 100
	142	+	enforcement unit shall report to the council any violation where a 101
	143	+	certificate holder has been found by the law enforcement unit, pursuant 102
	144	+	to procedures established by such unit, to have: (A) Used unreasonable, 103
	145	+	excessive or illegal force that causes serious physical injury to or the 104
	146	+	death of another person, or used unreasonable, excessive or illegal force 105
	147	+	that was likely to cause serious physical injury or death to another 106 Substitute Bill No. 5372
164	148
165		-	be a separate office within the Division of Criminal Justice. Not later
166		-	than October 1, 2021, the Criminal Justice Commission established
167		-	pursuant to section 51-275a shall appoint a deputy chief state's attorney
168		-	as Inspector General who shall lead the Office of the Inspector General.
169		-	The office shall: (1) Conduct investigations of peace officers in
170		-	accordance with section 51-277a, as amended by this act; (2) prosecute
171		-	any case in which the Inspector General determines a peace officer used
172		-	force found to not be justifiable pursuant to section 53a-22 or where a
173		-	police officer or correctional officer fails to intervene in any such
174		-	incident or to report any such incident, as required under subsection (a)
175		-	of section 7-282e or section 18-81nn, as applicable; [and] (3) investigate
176		-	any failure to report in accordance with the provisions of subdivision
177		-	(1) of subsection (h) of section 7-294d, as amended by this act; and (4)
178		-	make recommendations to the Police Officer Standards and Training
179		-	Council established under section 7-294b concerning censure and
180		-	suspension, renewal, cancelation or revocation of a peace officer's
181		-	certification.
182		-	Sec. 6. Subsection (a) of section 18-81jj of the general statutes, as
183		-	amended by section 1 of public act 22-18, is repealed and the following
184		-	is substituted in lieu thereof (Effective from passage):
185		-	(a) There is established the Correction Advisory Committee that shall
186		-	consist of [nine] eleven members. Such members shall be appointed as
187		-	follows:
188		-	(1) One who is directly impacted, appointed by the Senate
189		-	chairperson of the joint standing committee of the General Assembly
190		-	having cognizance of matters relating to the Department of Correction;
191		-	(2) One who has expertise in law, specifically the rights of
192		-	incarcerated persons, appointed by the House chairperson of the joint
193		-	standing committee of the General Assembly having cognizance of
194		-	matters relating to the Department of Correction; Substitute House Bill No. 5372
195	149
196		-	Public Act No. 22-114 7 of 7
	150	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05372-
	151	+	R02-HB.docx }
	152	+	5 of 8
197	153
198		-	(3) One who has a demonstrated interest in advancing the rights and
199		-	welfare of incarcerated persons, appointed by the president pro tempore
200		-	of the Senate;
201		-	(4) One who has a demonstrated interest in advancing the rights and
202		-	welfare of incarcerated persons, appointed by the speaker of the House
203		-	of Representatives;
204		-	(5) One who has expertise in the provision of mental health care to
205		-	incarcerated persons or formerly incarcerated persons, appointed by the
206		-	minority leader of the Senate;
207		-	(6) One who has expertise in the provision of medical care to
208		-	incarcerated persons or formerly incarcerated persons, appointed by the
209		-	minority leader of the House of Representatives; [and]
210		-	(7) One of whom is a victim of a violent crime, a person who
211		-	advocates for victims' rights or an attorney who has represented a victim
212		-	of a violent crime, appointed by the House ranking member of the joint
213		-	standing committee of the General Assembly having cognizance of
214		-	matters relating to the Department of Correction;
215		-	(8) One who has an expertise in corrections, appointed by the Senate
216		-	ranking member of the joint standing committee of the General
217		-	Assembly having cognizance of matters relating to the Department of
218		-	Correction; and
219		-	(9) Three who are appointed by the Governor, one of whom has
220		-	expertise in corrections, one of whom has expertise in medication in a
221		-	correctional setting and one of whom is directly impacted.
	154	+	person; (B) while acting in a law enforcement capacity, failed to 107
	155	+	intervene or stop the use of unreasonable, excessive or illegal force by 108
	156	+	another police officer that caused serious physical injury or death to 109
	157	+	another person, or unreasonable, excessive or illegal force that was 110
	158	+	likely to cause serious physical injury or death to another person, or to 111
	159	+	notify a supervisor and submit a written report of such acts where the 112
	160	+	holder has personal knowledge of such acts and had the ability to 113
	161	+	prevent such acts; (C) intentionally intimidated or harassed another 114
	162	+	person based upon actual or perceived protected class membership, 115
	163	+	identity or expression and in doing so threatened to commit or caused 116
	164	+	physical injury to another person; and (D) been terminated, dismissed, 117
	165	+	resigned or retired under circumstances described in section 7-291c. 118
	166	+	(2) If the chief law enforcement officer of any municipal police 119
	167	+	department or the Department of Emergency Services and Public 120
	168	+	Protection fails to report to the council as required in subdivision (1) of 121
	169	+	this subsection, the council shall notify the Inspector General who shall 122
	170	+	investigate such failure to report. The Inspector General shall report the 123
	171	+	findings of the investigation to the Governor and joint standing 124
	172	+	committee of the General Assembly having cognizance of matters 125
	173	+	relating to the judiciary in accordance with the provisions of section 11-126
	174	+	4a. 127
	175	+	Sec. 5. Subsection (a) of section 51-277e of the 2022 supplement to the 128
	176	+	general statutes is repealed and the following is substituted in lieu 129
	177	+	thereof (Effective October 1, 2022): 130
	178	+	(a) There is established the Office of the Inspector General that shall 131
	179	+	be a separate office within the Division of Criminal Justice. Not later 132
	180	+	than October 1, 2021, the Criminal Justice Commission established 133
	181	+	pursuant to section 51-275a shall appoint a deputy chief state's attorney 134
	182	+	as Inspector General who shall lead the Office of the Inspector General. 135
	183	+	The office shall: (1) Conduct investigations of peace officers in 136
	184	+	accordance with section 51-277a, as amended by this act; (2) prosecute 137
	185	+	any case in which the Inspector General determines a peace officer used 138
	186	+	force found to not be justifiable pursuant to section 53a-22 or where a 139 Substitute Bill No. 5372
	187	+
	188	+
	189	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05372-
	190	+	R02-HB.docx }
	191	+	6 of 8
	192	+
	193	+	police officer or correctional officer fails to intervene in any such 140
	194	+	incident or to report any such incident, as required under subsection (a) 141
	195	+	of section 7-282e or section 18-81nn, as applicable; [and] (3) investigate 142
	196	+	any failure to report in accordance with the provisions of subdivision 143
	197	+	(1) of subsection (h) of section 7-294d, as amended by this act; and (4) 144
	198	+	make recommendations to the Police Officer Standards and Training 145
	199	+	Council established under section 7-294b concerning censure and 146
	200	+	suspension, renewal, cancelation or revocation of a peace officer's 147
	201	+	certification. 148
	202	+	Sec. 6. Section 7-294ee of the general statutes is repealed and the 149
	203	+	following is substituted in lieu thereof (Effective from passage): 150
	204	+	(a) [Until December 31, 2024, the] The Police Officer Standards and 151
	205	+	Training Council, established under section 7-294b, and the 152
	206	+	Commissioner of Emergency Services and Public Protection or the 153
	207	+	commissioner's designee, shall jointly develop, adopt and revise, as 154
	208	+	necessary, minimum standards and practices for the administration, 155
	209	+	[and] management and operation of law enforcement units, as defined 156
	210	+	in section 7-294a. Such minimum standards and practices shall be based 157
	211	+	upon standards established by the International Association of Chiefs of 158
	212	+	Police and the Commission on Accreditation for Law Enforcement 159
	213	+	Agencies, Inc., and shall include, but need not be limited to, standards 160
	214	+	and practices regarding bias-based policing, use of force, response to 161
	215	+	crimes of family violence, use of body-worn recording equipment, 162
	216	+	complaints that allege misconduct by police officers, use of electronic 163
	217	+	defense weapons, eyewitness identification procedures, notifications in 164
	218	+	death and related events and pursuits by police officers. Not later than 165
	219	+	July 1, 2022, the council shall, within available appropriations, divide 166
	220	+	the minimum standards and practices into three tiers, to be known as 167
	221	+	tier one, tier two and tier three. Tier one shall consist of minimum 168
	222	+	standards and practices designed to protect law enforcement units from 169
	223	+	liability, enhance the delivery of services and improve public confidence 170
	224	+	in law enforcement units. Tier two shall consist of minimum standards 171
	225	+	and practices for the administration, management and operation of law 172 Substitute Bill No. 5372
	226	+
	227	+
	228	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05372-
	229	+	R02-HB.docx }
	230	+	7 of 8
	231	+
	232	+	enforcement units. Tier three shall consist of higher minimum standards 173
	233	+	and practices for the administration, management and operation of law 174
	234	+	enforcement units. The council shall post [such] the minimum standards 175
	235	+	and practices of each tier on the council's Internet web site and 176
	236	+	disseminate [such] the minimum standards and practices of each tier to 177
	237	+	law enforcement units. The council and commissioner or the 178
	238	+	commissioner's designee shall jointly develop a process to review a law 179
	239	+	enforcement unit's compliance with [such] the minimum standards and 180
	240	+	practices of each tier and issue a certificate of compliance with [law 181
	241	+	enforcement] the minimum standards and practices of tier one, tier two 182
	242	+	or tier three, as the case may be, to a law enforcement unit that meets or 183
	243	+	exceeds [such] the minimum standards and practices of such tier. 184
	244	+	(b) On and after January 1, 2019, and until [December 31, 2024] June 185
	245	+	30, 2022, each law enforcement unit shall adopt and maintain (1) the 186
	246	+	minimum standards and practices developed by the council pursuant to 187
	247	+	subsection (a) of this section, or (2) a higher level of accreditation 188
	248	+	standards developed by the council or the Commission on Accreditation 189
	249	+	for Law Enforcement Agencies, Inc. 190
	250	+	(c) On and after July 1, 2022, and until December 31, 2022, each law 191
	251	+	enforcement unit shall adopt and maintain the minimum standards and 192
	252	+	practices of tier one developed by the council pursuant to subsection (a) 193
	253	+	of this section. 194
	254	+	(d) On and after January 1, 2023, and until December 31, 2024, each 195
	255	+	law enforcement unit shall adopt and maintain the minimum standards 196
	256	+	and practices of tier two developed by the council pursuant to 197
	257	+	subsection (a) of this section. 198
	258	+	[(c)] (e) On and after January 1, 2025, each law enforcement unit shall 199
	259	+	[obtain and maintain accreditation by the Commission on Accreditation 200
	260	+	for Law Enforcement Agencies, Inc. If a law enforcement unit fails to 201
	261	+	obtain or maintain such accreditation, the council shall work with the 202
	262	+	law enforcement unit to obtain and maintain such accreditation] adopt 203
	263	+	and maintain the minimum standards and practices of tier three 204 Substitute Bill No. 5372
	264	+
	265	+
	266	+	LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2022HB-05372-
	267	+	R02-HB.docx }
	268	+	8 of 8
	269	+
	270	+	developed by the council pursuant to subsection (a) of this section. 205
	271	+	[(d)] (f) No civil action may be brought against a law enforcement 206
	272	+	unit for damages arising from the failure of the law enforcement unit to 207
	273	+	[(1)] adopt and maintain [such] the minimum standards and practices 208
	274	+	or a higher level of accreditation standards pursuant to [subsection (b) 209
	275	+	of] this section. [, or (2) obtain and maintain accreditation by the 210
	276	+	Commission on Accreditation for Law Enforcement Agencies, Inc., 211
	277	+	pursuant to subsection (c) of this section.] 212
	278	+	This act shall take effect as follows and shall amend the following
	279	+	sections:
	280	+
	281	+	Section 1 July 1, 2022 7-291e
	282	+	Sec. 2 October 1, 2022 7-291b
	283	+	Sec. 3 from passage New section
	284	+	Sec. 4 October 1, 2022 7-294d
	285	+	Sec. 5 October 1, 2022 51-277e(a)
	286	+	Sec. 6 from passage 7-294ee
	287	+
	288	+
	289	+	JUD Joint Favorable Subst.
	290	+	APP Joint Favorable
222	291