HLS 12RS-1388 ORIGINAL Page 1 of 4 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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4 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.