Louisiana 2012 2012 Regular Session

Louisiana House Bill HSR1 Introduced / Bill

                    HLS 12RS-1388	ORIGINAL
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Regular Session, 2012
HOUSE STUDY REQUEST NO. 1
BY REPRESENTATIVE HUNTER
COMMITTEE STUDIES: Requests the House Criminal Justice Committee to study the
impact of a law enforcement agency's participation in a national accreditation
program as it relates to crime prevention, administration of public safety services,
and relationship with the community
A STUDY REQUEST1
To the House Committee on the Administration of Criminal Justice to study the impact of2
a law enforcement agency's participation in a national law enforcement accreditation3
program as it relates to crime prevention, the administration of public safety services,4
and the agency's relationship with the community, and to report its findings to the5
House of Representatives prior to the convening of the 2013 Regular Session.6
WHEREAS, the legislature has found that the health, safety, and welfare of the7
people of this state is of the utmost importance, and has further found that the work of law8
enforcement plays an integral part of ensuring the health, safety, and welfare of the people;9
and 10
WHEREAS, to this end, Louisiana law provides certain basic standards for11
education, training, and certification requirements for all peace officers commissioned in this12
state; and13
WHEREAS, in addition to the requirements set forth in Louisiana law, some law14
enforcement agencies in this state have earned or strive to earn national accreditation status15
as well; and16
WHEREAS, research has shown that an agencies participation in a national17
accreditation program can positively affect a law enforcement agency providing greater18
accountability within the agency, reducing the agency's exposure to risk and liability,19 HLS 12RS-1388	ORIGINAL
HSR NO. 1
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providing for a stronger defense against civil lawsuits, and increased support and confidence1
from government officials and the community; and2
WHEREAS, state and local governments are often sued and held liable for actions3
committed by public employees, including public safety and law enforcement personnel,4
especially those agencies that are operating under out-dated or non-existent policies and5
procedures; and6
WHEREAS, according to a 2010 article about the correlation between the7
accreditation program and civil liability, research has shown that these national accreditation8
programs can potentially reduce law enforcement civil liability by making it difficult for9
plaintiffs to sustain their claims by establishing, within the agency, a self-documenting10
system of accountability and independent verification; and11
WHEREAS, according to the same article, the principles of these national12
accreditation programs, which include professional standards, documentation, and13
accountability, help to supply the documentary evidence and persuasive authority necessary14
to demonstrate in these civil claims that the officer did, in fact, act within the bounds of his15
lawful authority; and16
WHEREAS, this same article further states that positive effects of national17
accreditation on insurance costs are well documented, and studies suggest a causal link18
between law enforcement accreditation and liability reduction; and 19
WHEREAS, in order to receive national accreditation, an agency is required to20
develop a comprehensive, uniform set of written directives, which is shown to be one of the21
most successful methods for reaching administrative and operational goals, while also22
providing direction to personnel; and23
WHEREAS, the standards set forth in a national accreditation program provide the24
agency with the necessary reports and analyses needed to make fact-based, informed25
management decisions; and26
WHEREAS, a national law enforcement accredited program requires that a27
preparedness program be put in place to help the agency to address unusual occurrences,28
whether natural or man-made; and 29 HLS 12RS-1388	ORIGINAL
HSR NO. 1
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WHEREAS, a law enforcement's participation in a national accreditation program1
offers the agency a means for developing or improving upon an agency’s relationship with2
the community, and strengthens the agency’s accountability to the community, through a3
continuum of standards that clearly define authority, performance, and responsibilities of the4
agency; and5
WHEREAS, research shows that law enforcement agencies that participate in a6
national accreditation program have received numerous benefits including but not limited7
to the following:8
(1) Greater accountability within the agency.  This is achieved through the9
accreditation standards which provide a proven management system of written directives,10
sound training, clearly defined lines of authority, and routine reports that support11
decision-making and resource allocation. 12
(2) Reduced risk and liability exposure.  Many agencies who participate in these13
accreditation programs report a reduction in its liability insurance costs or reimbursement14
of accreditation fees.  Furthermore, studies suggest that accreditation works to reduce the15
costs of insuring law enforcement operations because agencies which are accredited can16
experience fewer claims.17
(3) Stronger defense against civil lawsuits.  Many agencies have stated that the18
accreditation process enables the agency to better defend themselves against civil lawsuits,19
with some agencies reporting a decline in legal actions against them after having become20
accredited.21
(4) Increased support from government officials.  Accredited agencies have stated22
that the program provides them with objective evidence of an agency's commitment to23
excellence in leadership, resource management, and service-delivery, and therefore,24
government officials are more confident in the agency's ability to operate efficiently and25
meet community needs.26
(5) Increased community advocacy.  Accredited agencies have stated that the27
accreditation embodies the precepts of community-oriented policing, creating a forum in28
which law enforcement agencies and citizens work together to prevent and control29 HLS 12RS-1388	ORIGINAL
HSR NO. 1
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challenges confronting law enforcement and provides clear direction about community1
expectations. 2
 THEREFORE, the House of Representatives of the Legislature of Louisiana requests3
the House Committee on the Administration of Criminal Justice to study the impact of a law4
enforcement agency's participation in a national law enforcement accreditation program as5
it relates to crime prevention, the administration of public safety services, and the agency's6
relationship with the community, and to report its findings to the House of Representatives7
prior to the convening of the 2013 Regular Session.8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Hunter	HSR No. 1
Requests the House Committee on the Administration of Criminal Justice to study the
impact of a law enforcement agency's participation in a national law enforcement
accreditation program as it relates to crime prevention, the administration of public safety
services, and the agency's relationship with the community, and to report its findings to the
House of Representatives prior to the convening of the 2013 Regular Session.