Connecticut 2022 Regular Session

Connecticut Senate Bill SB00135 Compare Versions

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	7	+	General Assembly Substitute Bill No. 135
	8	+	February Session, 2022
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4		-	Substitute Senate Bill No. 135
5		-
6		-	Public Act No. 22-119
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9	14		AN ACT CONCERNING ACCREDITATION STANDARDS FOR LAW
10	15		ENFORCEMENT UNITS.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 7-294ee of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective from passage):
16		-	(a) [Until December 31, 2024, the] The Police Officer Standards and
17		-	Training Council, established under section 7-294b, and the
18		-	Commissioner of Emergency Services and Public Protection or the
19		-	commissioner's designee, shall jointly develop, adopt and revise, as
20		-	necessary, minimum standards and practices for the administration,
21		-	[and] management and operation of law enforcement units, as defined
22		-	in section 7-294a. Such minimum standards and practices shall be based
23		-	upon standards established by the International Association of Chiefs of
24		-	Police and the Commission on Accreditation for Law Enforcement
25		-	Agencies, Inc., and shall include, but need not be limited to, standards
26		-	and practices regarding bias-based policing, use of force, response to
27		-	crimes of family violence, use of body-worn recording equipment,
28		-	complaints that allege misconduct by police officers, use of electronic
29		-	defense weapons, eyewitness identification procedures, notifications in
30		-	death and related events and pursuits by police officers and compliance
31		-	with the guidance issued by the council pursuant to subdivision (1) of Substitute ~~Senate~~ Bill No. 135
	19	+	Section 1. Section 7-294ee of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective from passage): 2
	21	+	(a) [Until December 31, 2024, the] The Police Officer Standards and 3
	22	+	Training Council, established under section 7-294b, and the 4
	23	+	Commissioner of Emergency Services and Public Protection or the 5
	24	+	commissioner's designee, shall jointly develop, adopt and revise, as 6
	25	+	necessary, minimum standards and practices for the administration, 7
	26	+	[and] management and operation of law enforcement units, as defined 8
	27	+	in section 7-294a. Such minimum standards and practices shall be based 9
	28	+	upon standards established by the International Association of Chiefs of 10
	29	+	Police and the Commission on Accreditation for Law Enforcement 11
	30	+	Agencies, Inc., and shall include, but need not be limited to, standards 12
	31	+	and practices regarding bias-based policing, use of force, response to 13
	32	+	crimes of family violence, use of body-worn recording equipment, 14
	33	+	complaints that allege misconduct by police officers, use of electronic 15
	34	+	defense weapons, eyewitness identification procedures, notifications in 16
	35	+	death and related events and pursuits by police officers and compliance 17
	36	+	with the guidance issued by the council pursuant to subdivision (1) of 18 Substitute Bill No. 135
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33		-	Public Act No. 22-119 2 of 4
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35		-	subsection (g) of section 7-294d regarding reporting procedures to be
36		-	followed by chief law enforcement officers for certificate suspension,
37		-	cancellation or revocation. Not later than January 1, 2023, the council
38		-	shall, within available appropriations, divide the minimum standards
39		-	and practices into three state-accreditation tiers, to be known as tier one,
40		-	tier two and tier three. Tier one shall consist of minimum standards and
41		-	practices designed to protect law enforcement units from liability,
42		-	enhance the delivery of services and improve public confidence in law
43		-	enforcement units. Tier two shall consist of minimum standards and
44		-	practices for the administration, management and operation of law
45		-	enforcement units. Tier three shall consist of higher minimum standards
46		-	and practices for the administration, management and operation of law
47		-	enforcement units. The council shall post [such] the minimum standards
48		-	and practices of each tier on the council's Internet web site and
49		-	disseminate [such] the minimum standards and practices of each tier to
50		-	law enforcement units. The council and commissioner or the
51		-	commissioner's designee shall jointly develop a process to review a law
52		-	enforcement unit's compliance with [such] the minimum standards and
53		-	practices of each tier and issue a certificate of compliance with [law
54		-	enforcement] the minimum standards and practices of tier one, tier two
55		-	or tier three, as the case may be, to a law enforcement unit that meets or
56		-	exceeds [such] the minimum standards and practices of such tier.
57		-	(b) On and after January 1, 2019, and until December 31, [2024] 2022,
58		-	each law enforcement unit shall adopt and maintain (1) the minimum
59		-	standards and practices developed by the council pursuant to
60		-	subsection (a) of this section, or (2) a higher level of accreditation
61		-	standards developed by the council or the Commission on Accreditation
62		-	for Law Enforcement Agencies, Inc.
63		-	(c) On and after January 1, 2023, and until December 31, 2023, each
64		-	law enforcement unit shall (1) be certified, at a minimum, as meeting the
65		-	requirements for state-accreditation tier one developed by the council Substitute Senate Bill No. 135
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67		-	Public Act No. 22-119 3 of 4
	43	+	subsection (g) of section 7-294d regarding reporting procedures to be 19
	44	+	followed by chief law enforcement officers for certificate suspension, 20
	45	+	cancellation or revocation. Not later than January 1, 2023, the council 21
	46	+	shall, within available appropriations, divide the minimum standards 22
	47	+	and practices into three state-accreditation tiers, to be known as tier one, 23
	48	+	tier two and tier three. Tier one shall consist of minimum standards and 24
	49	+	practices designed to protect law enforcement units from liability, 25
	50	+	enhance the delivery of services and improve public confidence in law 26
	51	+	enforcement units. Tier two shall consist of minimum standards and 27
	52	+	practices for the administration, management and operation of law 28
	53	+	enforcement units. Tier three shall consist of higher minimum standards 29
	54	+	and practices for the administration, management and operation of law 30
	55	+	enforcement units. The council shall post [such] the minimum standards 31
	56	+	and practices of each tier on the council's Internet web site and 32
	57	+	disseminate [such] the minimum standards and practices of each tier to 33
	58	+	law enforcement units. The council and commissioner or the 34
	59	+	commissioner's designee shall jointly develop a process to review a law 35
	60	+	enforcement unit's compliance with [such] the minimum standards and 36
	61	+	practices of each tier and issue a certificate of compliance with [law 37
	62	+	enforcement] the minimum standards and practices of tier one, tier two 38
	63	+	or tier three, as the case may be, to a law enforcement unit that meets or 39
	64	+	exceeds [such] the minimum standards and practices of such tier. 40
	65	+	(b) On and after January 1, 2019, and until December 31, [2024] 2022, 41
	66	+	each law enforcement unit shall adopt and maintain (1) the minimum 42
	67	+	standards and practices developed by the council pursuant to 43
	68	+	subsection (a) of this section, or (2) a higher level of accreditation 44
	69	+	standards developed by the council or the Commission on Accreditation 45
	70	+	for Law Enforcement Agencies, Inc. 46
	71	+	(c) On and after January 1, 2023, and until December 31, 2023, each 47
	72	+	law enforcement unit shall (1) be certified, at a minimum, as meeting the 48
	73	+	requirements for state-accreditation tier one developed by the council 49
	74	+	pursuant to subsection (a) of this section, or (2) meet a higher level of 50
	75	+	accreditation standards developed by the Commission on Accreditation 51 Substitute Bill No. 135
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69		-	pursuant to subsection (a) of this section, or (2) meet a higher level of
70		-	accreditation standards developed by the Commission on Accreditation
71		-	for Law Enforcement Agencies, Inc.
72		-	(d) On and after January 1, 2024, and until December 31, 2025, each
73		-	law enforcement unit shall (1) be certified, at a minimum, as meeting the
74		-	requirements for state-accreditation tiers one and two developed by the
75		-	council pursuant to subsection (a) of this section, or (2) meet a higher
76		-	level of accreditation standards developed by the Commission on
77		-	Accreditation for Law Enforcement Agencies, Inc.
78		-	[(c)] (e) On and after January 1, [2025] 2026, each law enforcement
79		-	unit shall [obtain and maintain accreditation] (1) be certified as meeting
80		-	the requirements for state-accreditation tiers one, two and three
81		-	developed by the council pursuant to subsection (a) of this section, or
82		-	(2) meet a higher level of accreditation standards developed by the
83		-	Commission on Accreditation for Law Enforcement Agencies, Inc.
84		-	(f) If a law enforcement unit fails to obtain or maintain [such
85		-	accreditation] the appropriate certification for a state-accreditation tier
86		-	or tiers or the higher level of accreditation standards developed by the
87		-	Commission on Accreditation for Law Enforcement Agencies, Inc., as
88		-	required by the provisions of subsections (b) to (e), inclusive, of this
89		-	section, the council shall work with the law enforcement unit to obtain
90		-	and maintain such certification or accreditation standards.
91		-	(g) If a law enforcement unit fails to comply with the guidance issued
92		-	by the council pursuant to subdivision (1) of subsection (g) of section 7-
93		-	294d regarding reporting procedures to be followed by chief law
94		-	enforcement officers for certificate suspension, cancellation or
95		-	revocation, the council may revoke the certificate of compliance with the
96		-	appropriate state-accreditation tier or tiers, as the case may be, issued
97		-	pursuant to this section. Substitute Senate Bill No. 135
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99		-	Public Act No. 22-119 4 of 4
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101		-	[(d)] (h) No civil action may be brought against a law enforcement
102		-	unit for damages arising from the failure of the law enforcement unit to
103		-	(1) adopt and maintain such minimum standards and practices or a
104		-	higher level of accreditation standards pursuant to subsection (b) of this
105		-	section, or (2) obtain and maintain the appropriate certificate of
106		-	compliance with the appropriate state-accreditation tier or tiers or
107		-	accreditation by the Commission on Accreditation for Law Enforcement
108		-	Agencies, Inc., [pursuant to subsection (c) of this section] as required by
109		-	subsections (c) to (e), inclusive, of this section.
110		-	Sec. 2. Subdivision (22) of subsection (a) of section 7-294d of the 2022
111		-	supplement to the general statutes is repealed and the following is
112		-	substituted in lieu thereof (Effective from passage):
113		-	(22) (A) [Until December 31, 2024, to] To develop, adopt and revise,
114		-	as necessary, comprehensive accreditation standards, and designation
115		-	of such standards as state-accreditation tiers one, two and three, for the
116		-	administration and management of law enforcement units, to grant
117		-	accreditation to those law enforcement units that demonstrate their
118		-	compliance with such standards and, at the request and expense of any
119		-	law enforcement unit, to conduct such surveys as may be necessary to
120		-	determine such unit's compliance with such standards; and (B) on and
121		-	after January 1, [2025,] 2023 to work with any law enforcement unit that
122		-	has failed to obtain or maintain [accreditation from] its certification of
123		-	compliance with the appropriate tier or tiers or a higher level of
124		-	accreditation standards developed by the council or the Commission on
125		-	Accreditation for Law Enforcement Agencies, Inc., pursuant to section
126		-	7-294ee, as amended by this act;
	82	+	for Law Enforcement Agencies, Inc. 52
	83	+	(d) On and after January 1, 2024, and until December 31, 2025, each 53
	84	+	law enforcement unit shall (1) be certified, at a minimum, as meeting the 54
	85	+	requirements for state-accreditation tiers one and two developed by the 55
	86	+	council pursuant to subsection (a) of this section, or (2) meet a higher 56
	87	+	level of accreditation standards developed by the Commission on 57
	88	+	Accreditation for Law Enforcement Agencies, Inc. 58
	89	+	[(c)] (e) On and after January 1, [2025] 2026, each law enforcement 59
	90	+	unit shall [obtain and maintain accreditation] (1) be certified as meeting 60
	91	+	the requirements for state-accreditation tiers one, two and three 61
	92	+	developed by the council pursuant to subsection (a) of this section, or 62
	93	+	(2) meet a higher level of accreditation standards developed by the 63
	94	+	Commission on Accreditation for Law Enforcement Agencies, Inc. 64
	95	+	(f) If a law enforcement unit fails to obtain or maintain [such 65
	96	+	accreditation] the appropriate certification for a state-accreditation tier 66
	97	+	or tiers or the higher level of accreditation standards developed by the 67
	98	+	Commission on Accreditation for Law Enforcement Agencies, Inc., as 68
	99	+	required by the provisions of subsections (b) to (e), inclusive, of this 69
	100	+	section, the council shall work with the law enforcement unit to obtain 70
	101	+	and maintain such certification or accreditation standards. 71
	102	+	(g) If a law enforcement unit fails to comply with the guidance issued 72
	103	+	by the council pursuant to subdivision (1) of subsection (g) of section 7-73
	104	+	294d regarding reporting procedures to be followed by chief law 74
	105	+	enforcement officers for certificate suspension, cancellation or 75
	106	+	revocation, the council may revoke the certificate of compliance with the 76
	107	+	appropriate state-accreditation tier or tiers, as the case may be, issued 77
	108	+	pursuant to this section. 78
	109	+	[(d)] (h) No civil action may be brought against a law enforcement 79
	110	+	unit for damages arising from the failure of the law enforcement unit to 80
	111	+	(1) adopt and maintain such minimum standards and practices or a 81
	112	+	higher level of accreditation standards pursuant to subsection (b) of this 82 Substitute Bill No. 135
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	119	+	section, or (2) obtain and maintain the appropriate certificate of 83
	120	+	compliance with the appropriate state-accreditation tier or tiers or 84
	121	+	accreditation by the Commission on Accreditation for Law Enforcement 85
	122	+	Agencies, Inc., [pursuant to subsection (c) of this section] as required by 86
	123	+	subsections (c) to (e), inclusive, of this section. 87
	124	+	Sec. 2. Subdivision (22) of subsection (a) of section 7-294d of the 2022 88
	125	+	supplement to the general statutes is repealed and the following is 89
	126	+	substituted in lieu thereof (Effective from passage): 90
	127	+	(22) (A) [Until December 31, 2024, to] To develop, adopt and revise, 91
	128	+	as necessary, comprehensive accreditation standards, and designation 92
	129	+	of such standards as state-accreditation tiers one, two and three, for the 93
	130	+	administration and management of law enforcement units, to grant 94
	131	+	accreditation to those law enforcement units that demonstrate their 95
	132	+	compliance with such standards and, at the request and expense of any 96
	133	+	law enforcement unit, to conduct such surveys as may be necessary to 97
	134	+	determine such unit's compliance with such standards; and (B) on and 98
	135	+	after January 1, [2025,] 2023 to work with any law enforcement unit that 99
	136	+	has failed to obtain or maintain [accreditation from] its certification of 100
	137	+	compliance with the appropriate tier or tiers or a higher level of 101
	138	+	accreditation standards developed by the council or the Commission on 102
	139	+	Accreditation for Law Enforcement Agencies, Inc., pursuant to section 103
	140	+	7-294ee, as amended by this act;104
	141	+	This act shall take effect as follows and shall amend the following
	142	+	sections:
	143	+
	144	+	Section 1 from passage 7-294ee
	145	+	Sec. 2 from passage 7-294d(a)(22)
	146	+
	147	+	PS Joint Favorable Subst.
	148	+	APP Joint Favorable
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