LCO No. 1050 1 of 4 General Assembly Raised Bill No. 135 February Session, 2022 LCO No. 1050 Referred to Committee on PUBLIC SAFETY AND SECURITY Introduced by: (PS) AN ACT CONCERNING ACCREDITATION STANDARDS FOR LAW ENFORCEMENT UNITS. 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 Section 7-294ee of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective from passage): 2 (a) [Until December 31, 2024, the] The Police Officer Standards and 3 Training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 Raised Bill No. 135 LCO No. 1050 2 of 4 defense weapons, eyewitness identification procedures, notifications in 16 death and related events and pursuits by police officers and compliance 17 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. Not later than January 1, 2023, the council 21 shall, within available appropriations, divide the minimum standards 22 and practices into three state-accreditation tiers, to be known as tier one, 23 tier two and tier three. Tier one shall consist of minimum standards and 24 practices designed to protect law enforcement units from liability, 25 enhance the delivery of services and improve public confidence in law 26 enforcement units. Tier two shall consist of minimum standards and 27 practices for the administration, management and operation of law 28 enforcement units. Tier three shall consist of higher minimum standards 29 and practices for the administration, management and operation of law 30 enforcement units. The council shall post [such] the minimum standards 31 and practices of each tier on the council's Internet web site and 32 disseminate [such] the minimum standards and practices of each tier to 33 law enforcement units. The council and commissioner or the 34 commissioner's designee shall jointly develop a process to review a law 35 enforcement unit's compliance with [such] the minimum standards and 36 practices of each tier and issue a certificate of compliance with [law 37 enforcement] the minimum standards and practices of tier one, tier two 38 or tier three, as the case may be, to a law enforcement unit that meets or 39 exceeds [such] the minimum standards and practices of such tier. 40 (b) On and after January 1, 2019, and until December 31, [2024] 2022, 41 each law enforcement unit shall adopt and maintain (1) the minimum 42 standards and practices developed by the council pursuant to 43 subsection (a) of this section, or (2) a higher level of accreditation 44 standards developed by the council or the Commission on Accreditation 45 for Law Enforcement Agencies, Inc. 46 (c) On and after January 1, 2023, and until December 31, 2023, each 47 law enforcement unit shall meet (1) the requirements for state-48 accreditation tier one developed by the council pursuant to subsection 49 Raised Bill No. 135 LCO No. 1050 3 of 4 (a) of this section, or (2) a higher level of accreditation standards 50 developed by the council or the Commission on Accreditation for Law 51 Enforcement Agencies, Inc. 52 (d) On and after January 1, 2024, and until December 31, 2025, each 53 law enforcement unit shall meet (1) the requirements for state-54 accreditation tiers one and two developed by the council pursuant to 55 subsection (a) of this section, or (2) a higher level of accreditation 56 standards developed by the council or the Commission on Accreditation 57 for Law Enforcement Agencies, Inc. 58 [(c)] (e) On and after January 1, [2025] 2026, each law enforcement 59 unit shall [obtain and maintain accreditation] meet (1) the requirements 60 for state-accreditation tiers one, two and three developed by the council 61 pursuant to subsection (a) of this section, or (2) a higher level of 62 accreditation standards developed by the Commission on Accreditation 63 for Law Enforcement Agencies, Inc. 64 (f) If a law enforcement unit fails to obtain or maintain [such 65 accreditation] the appropriate state-accreditation tier or tiers or the 66 higher level of accreditation standards developed by the Commission 67 on Accreditation for Law Enforcement Agencies, Inc., as required by the 68 provisions of subsections (b) to (e), inclusive, of this section, the council 69 shall work with the law enforcement unit to obtain and maintain such 70 state-accreditation tier or tiers or accreditation standards. 71 (g) If a law enforcement unit fails to comply with the guidance issued 72 by the council pursuant to subdivision (1) of subsection (g) of section 7-73 294d regarding reporting procedures to be followed by chief law 74 enforcement officers for certificate suspension, cancellation or 75 revocation, the council may revoke the certificate of compliance with the 76 appropriate state-accreditation tier or tiers, as the case may be, issued 77 pursuant to this section. 78 [(d)] (h) No civil action may be brought against a law enforcement 79 unit for damages arising from the failure of the law enforcement unit to 80 (1) adopt and maintain such minimum standards and practices or a 81 Raised Bill No. 135 LCO No. 1050 4 of 4 higher level of accreditation standards pursuant to subsection (b) of this 82 section, or (2) obtain and maintain the appropriate state-accreditation 83 tier or tiers or accreditation by the Commission on Accreditation for 84 Law Enforcement Agencies, Inc., [pursuant to subsection (c) of this 85 section] as required by subsections (c) to (e), inclusive, of this section. 86 Sec. 2. Subdivision (22) of subsection (a) of section 7-294d of the 2022 87 supplement to the general statutes is repealed and the following is 88 substituted in lieu thereof (Effective from passage): 89 (22) (A) [Until December 31, 2024, to] To develop, adopt and revise, 90 as necessary, comprehensive accreditation standards, and designation 91 of such standards as state-accreditation tiers one, two and three, for the 92 administration and management of law enforcement units, to grant 93 accreditation to those law enforcement units that demonstrate their 94 compliance with such standards and, at the request and expense of any 95 law enforcement unit, to conduct such surveys as may be necessary to 96 determine such unit's compliance with such standards; and (B) on and 97 after January 1, [2025,] 2023 to work with any law enforcement unit that 98 has failed to obtain or maintain accreditation [from] at the appropriate 99 tier or tiers or a higher level of accreditation standards developed by the 100 council or the Commission on Accreditation for Law Enforcement 101 Agencies, Inc., pursuant to section 7-294ee, as amended by this act; 102 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) Statement of Purpose: To revise the requirements regarding the accreditation of law enforcement units. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]