Researcher: GM Page 1 3/28/23 OLR Bill Analysis HB 6622 AN ACT CONCERNING CERTIFICATION OR ACCREDITATION REQUIREMENT DEADLINES FOR A LAW ENFORCEMENT UNIT THAT SERVES A MUNICIPALITY AND CONSISTS SOLELY OF CONSTABLES OR RESIDENT STATE TROOPERS. SUMMARY PA 22-119 made several changes to the minimum standards and practices for administering and managing law enforcement units (see BACKGROUND), including requiring that they be divided into three state-accreditation tiers. Units must generally be certified for each tier by certain dates culminating in, by 2026, either (1) being certified as meeting the requirements for all three state-accreditation tiers or (2) meeting a higher level of accreditation standards from the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA). This bill changes the certification deadlines for units that serve a municipality and consist solely of constables or resident state troopers. It generally extends the prior deadline for them to be certified for tier one by one year and delays the current deadlines to be certified for tiers two and three each by one year. EFFECTIVE DATE: Upon passage ADJUSTED MINIMUM STA NDARDS AND PRACTICES By law, the Police Officer Standards and Training Council (POST) and the Department of Emergency Services and Public Protection (DESPP) must jointly develop, adopt, and revise, as necessary, minimum standards and practices for administering and managing law enforcement units. Among other things, PA 22-119 further required POST, within available appropriations, to divide the minimum standards and practices into three state-accreditation tiers by January 1, 2023. This change effectively codified POST’s three-tiered accreditation 2023HB-06622-R000272-BA.DOCX Researcher: GM Page 2 3/28/23 structure that already existed before the act. Current law required law enforcement units to continue to adopt and maintain through December 31, 2022, (1) POST-DESPP’s minimum standards and practices or (2) a higher level of accreditation standards developed by POST or CALEA. Afterwards, as described in the table below, current law sets different minimum standards and practices for each state-accreditation tier and dates by which units must generally be certified for each tier. The bill creates a different schedule for units that serve a municipality and consist solely of constables or resident state troopers by extending each of the required certification dates by one year. For these units, they must adopt and maintain through December 31, 2023, (1) POST- DESPP’s minimum standards and practices or (2) a higher level of accreditation standards developed by POST or CALEA. (It is not clear what these standards and practices consist of for the purposes of this requirement since, by law, they were to be changed and divided by January 1, 2023, for the purpose of implementing the accreditation tier certification requirements.) Afterwards, as described in the table below, the bill sets different minimum standards and practices for each state- accreditation tier and dates by which these units must generally be certified for each tier. Table: Minimum Standards & Practices Tiers Schedule Tier I Tier II Tier III Minimum Standards & Practices Description Minimum standards and practices designed to protect law enforcement units from liability, enhance service delivery, and improve public confidence in units Minimum standards and practices for unit administration, management, and operation Higher minimum standards and practices for unit administration, management, and operation Current Law’s Required Certification Dates for All Units By January 1, 2023, and until December 31, 2023 By January 1, 2024, and until December 31, 2025 By January 1, 2026, and after Bill’s Required Certification By January 1, 2024, and until December By January 1, 2025, and until December By January 1, 2027, and after 2023HB-06622-R000272-BA.DOCX Researcher: GM Page 3 3/28/23 Tier I Tier II Tier III Dates for Covered Units 31, 2024 31, 2026 By law, during the above tier schedules, units may alternatively meet higher accreditation standards developed by CALEA that are otherwise acceptable for each tier. Additionally, as units progress up the tier scale, they must maintain certification with the prior tier or tiers (e.g., at the tier three stage, they must ultimately be tiers one, two, and three certified). BACKGROUND Minimum Standards and Practices The current version of the DESPP-POST minimum standards and practices appears to be published within POST General Notice 20-04, which existed prior to PA 22-119. By law, they must be based on CALEA standards and include standards and practices for specified matters including bias-based policing, use of force, response to family violence crimes, body camera use, and police pursuits, among others. Law Enforcement Units By law, a “law enforcement unit” is any state or municipal agency or department (or tribal agency or department created and governed under a memorandum of agreement) whose primary functions include enforcing criminal or traffic laws; preserving public order; protecting life and property; or preventing, detecting, or investigating crime (CGS § 7-294a(8)). COMMITTEE ACTION Public Safety and Security Committee Joint Favorable Yea 25 Nay 0 (03/16/2023)