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2 | 2 | | SENATE DOCKET, NO. 1593 FILED ON: 1/16/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1723 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Liz Miranda |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act establishing the Massachusetts correctional officer accountability and standards training |
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13 | 13 | | Commission. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkWilliam N. BrownsbergerSuffolk and Middlesex 1 of 32 |
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17 | 17 | | SENATE DOCKET, NO. 1593 FILED ON: 1/16/2025 |
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18 | 18 | | SENATE . . . . . . . . . . . . . . No. 1723 |
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19 | 19 | | By Ms. Miranda, a petition (accompanied by bill, Senate, No. 1723) of Liz Miranda and William |
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20 | 20 | | N. Brownsberger for legislation to establish the Massachusetts correctional officer accountability |
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21 | 21 | | and standards training Commission. Public Safety and Homeland Security. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE SENATE, NO. 1546 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act establishing the Massachusetts correctional officer accountability and standards training |
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30 | 30 | | Commission. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 6E the |
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34 | 34 | | 2following chapter:- |
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35 | 35 | | 3 CHAPTER 6F |
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36 | 36 | | 4 MASSACHUSETTS CORRECTIONAL OFFICER ACCOUNTABILITY AND |
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37 | 37 | | 5STANDARDS TRAINING COMMISSION |
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38 | 38 | | 6 Section 1. Definitions |
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39 | 39 | | 7 ''Appointing agency'', the agency appointing a correctional officer. |
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40 | 40 | | 8 ''Chair'', the chair of the COAST commission. 2 of 32 |
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41 | 41 | | 9 ''Chokehold'', the use of a lateral vascular neck restraint, carotid restraint or other action |
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42 | 42 | | 10that involves the placement of any part of a correctional officer's body on or around a person's |
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43 | 43 | | 11neck in a manner that limits the person's breathing or blood flow with the intent of or with the |
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44 | 44 | | 12result of causing bodily injury, unconsciousness or death. |
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45 | 45 | | 13 ''Commissioner'', a member of the COAST commission. |
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46 | 46 | | 14 ''Conviction'', an adjudication of a criminal matter resulting in any outcome except |
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47 | 47 | | 15wherein the matter is dismissed or the accused is found to be not guilty, including, but not |
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48 | 48 | | 16limited, to an adjudication of guilt with or without the imposition of a sentence, a plea of guilty, |
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49 | 49 | | 17a plea of nolo contendere, an admission to sufficient facts, a continuance without a finding or |
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50 | 50 | | 18probation. |
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51 | 51 | | 19 “Correctional agency”, the Department of Corrections, a House of Corrections, or a jail. |
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52 | 52 | | 20 “Correctional officer”, any officer with supervisory, custodial, or other control |
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53 | 53 | | 21responsibilities within a correctional agency. |
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54 | 54 | | 22 “COAST Commission”, the Massachusetts Correctional Officer Accountability, |
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55 | 55 | | 23Standards and Training Commission. |
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56 | 56 | | 24 ''Deadly force'', physical force that can reasonably be expected to cause death or serious |
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57 | 57 | | 25physical injury. |
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58 | 58 | | 26 ''Decertified'', a correctional officer whose certification is revoked by the COAST |
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59 | 59 | | 27commission pursuant to section 10. |
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60 | 60 | | 28 ''De-escalation tactics'', proactive actions and approaches used by a correctional officer to |
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61 | 61 | | 29stabilize a situation so that more time, options and resources are available to gain a person's 3 of 32 |
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62 | 62 | | 30voluntary compliance and to reduce or eliminate the need to use force including, but not limited |
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63 | 63 | | 31to, verbal persuasion, warnings, slowing down the pace of an incident, waiting out a person, |
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64 | 64 | | 32creating distance between the officer and a threat and requesting additional resources to resolve |
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65 | 65 | | 33the incident, including, but not limited to, calling in medical or licensed mental health |
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66 | 66 | | 34professionals, as defined in subsection (a) of section 5.5 of chapter 111, to address a potential |
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67 | 67 | | 35medical or mental health crisis. |
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68 | 68 | | 36 ''Executive director'', the executive director of the COAST commission appointed |
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69 | 69 | | 37pursuant to subsection (g) of section 2.''Officer-involved injury or death'', any event during |
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70 | 70 | | 38which a correctional officer: (i) discharges a firearm, as defined in section 121 of chapter 140, |
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71 | 71 | | 39actually or proximately causing injury or death to another; (ii) discharges any stun gun as defined |
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72 | 72 | | 40in said section 121 of said chapter 140, actually or proximately causing injury or death to |
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73 | 73 | | 41another; (iii) uses a chokehold, actually or proximately causing injury or death of another; (iv) |
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74 | 74 | | 42discharges tear gas or other chemical weapon, actually or proximately causing injury or death of |
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75 | 75 | | 43another; (v) discharges rubber pellets from a propulsion device, actually or proximately causing |
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76 | 76 | | 44injury or death of another; (vi) deploys a dog, actually or proximately causing injury or death of |
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77 | 77 | | 45another; (vii) uses deadly force, actually or proximately causing injury or death of another; (viii) |
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78 | 78 | | 46fails to intervene, as required by section 15, to prevent the use of excessive or prohibited force by |
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79 | 79 | | 47another officer who actually or proximately causes injury or death of another; or (ix) engages in |
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80 | 80 | | 48a physical altercation with a person who sustains serious bodily injury or requests or receives |
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81 | 81 | | 49medical care as a result. |
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82 | 82 | | 50 ''Serious bodily injury'', bodily injury that results in: (i) permanent disfigurement; (ii) |
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83 | 83 | | 51protracted loss or impairment of a bodily function, limb or organ; or (iii) a substantial risk of |
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84 | 84 | | 52death. 4 of 32 |
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85 | 85 | | 53 ''Untruthful'' or ''untruthfulness'', knowingly making an untruthful statement concerning a |
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86 | 86 | | 54material fact or knowingly omitting a material fact: (i) on an official criminal justice record, |
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87 | 87 | | 55including, but not limited to, a police report; (ii) while testifying under oath; (iii) to the COAST |
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88 | 88 | | 56commission or an employee of the COAST commission; or (iv) during an internal affairs |
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89 | 89 | | 57investigation, administrative investigation or disciplinary process. |
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90 | 90 | | 58 Section 2. Establishment of the Correctional Officer Standards and Training |
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91 | 91 | | 59Commission; membership; qualifications; terms; meetings |
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92 | 92 | | 60 (a) There shall be a Correctional Officer Accountability, Standards and Training |
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93 | 93 | | 61Commission consisting of 9 members: 3 of whom shall be appointed by the governor, 1 of whom |
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94 | 94 | | 62shall be a retired management level DOC correctional officer, 1 of whom shall be a social |
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95 | 95 | | 63worker appointed from a list of 5 nominations submitted by the National Association of Social |
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96 | 96 | | 64Workers, Inc., Massachusetts chapter, and 1 of whom shall be a retired judge; 3 of whom shall |
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97 | 97 | | 65be appointed by the attorney general, 1 of whom shall be appointed from a list of 3 nominations |
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98 | 98 | | 66submitted by Prisoners Legal Services, 1 of whom shall be a formerly incarcerated person; 1 of |
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99 | 99 | | 67whom shall be a MCOFU labor union representative appointed from a list of 3 nominations |
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100 | 100 | | 68submitted by MCOFU; and 3 of whom shall be appointed jointly by the governor and attorney |
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101 | 101 | | 69general, 1 of whom shall be an attorney licensed to practice law in the commonwealth appointed |
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102 | 102 | | 70from a list of 5 nominations submitted by the civil rights and social justice section council of the |
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103 | 103 | | 71Massachusetts Bar Association, 1 of whom is a member of a union who represents employees of |
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104 | 104 | | 72House of Corrections and jails, and 1 of whom shall be a management-level House of |
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105 | 105 | | 73Corrections employee appointed from a list of 3 nominations submitted by the MA Sheriffs |
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106 | 106 | | 74Association. 5 of 32 |
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107 | 107 | | 75 (b) Other than as provided for in subsection (a), all COAST commissioners shall be |
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108 | 108 | | 76civilians and no COAST commissioner shall have been previously employed as a law |
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109 | 109 | | 77enforcement or correctional officer, or be a retired law enforcement or correctional officer. The |
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110 | 110 | | 78civilian COAST commissioners shall have experience or expertise in corrections and training, |
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111 | 111 | | 79criminal law, civil rights law, the criminal justice system, mental health, post-traumatic stress |
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112 | 112 | | 80disorder, crisis intervention, de-escalation techniques or social science fields related to race or |
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113 | 113 | | 81bias. The governor shall designate the chair of the COAST commission. The COAST |
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114 | 114 | | 82commission shall include people of color and women, at least in such proportion as these groups |
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115 | 115 | | 83exist in the commonwealth's population as periodically determined by the state secretary as the |
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116 | 116 | | 84commonwealth's chief census officer. The members of the COAST commission shall represent |
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117 | 117 | | 85diverse geographic areas of the commonwealth, including urban, rural and suburban areas. The |
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118 | 118 | | 86COAST commissioners shall take an oath to faithfully and impartially execute their duties as |
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119 | 119 | | 87COAST commissioners. |
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120 | 120 | | 88 (c) Each COAST commissioner shall be a resident of the commonwealth within 90 days |
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121 | 121 | | 89of appointment and, while serving on the COAST commission, shall not: (i) hold, or be a |
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122 | 122 | | 90candidate for, federal, state or local elected office; (ii) hold an appointed office in a federal, state, |
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123 | 123 | | 91or local government; or (iii) serve as an official in a political party. Not more than 2 COAST |
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124 | 124 | | 92commissioners shall be from the same political party. The members of the COAST commission |
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125 | 125 | | 93shall be compensated for work performed for the COAST commission at such rate as the |
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126 | 126 | | 94secretary of administration and finance shall determine. |
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127 | 127 | | 95 (d) Each COAST commissioner shall serve for a term of 5 years or until a successor is |
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128 | 128 | | 96appointed and shall be eligible for reappointment; provided, however, that no COAST |
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129 | 129 | | 97commissioner shall serve more than 10 years. The governor may remove a COAST 6 of 32 |
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130 | 130 | | 98commissioner if the COAST commissioner: (i) is guilty of malfeasance in office; (ii) |
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131 | 131 | | 99substantially neglects the duties of a COAST commissioner; (iii) is unable to discharge the |
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132 | 132 | | 100powers and duties of the COAST commissioner's office; (iv) commits gross misconduct; or (v) is |
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133 | 133 | | 101convicted of a felony. |
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134 | 134 | | 102 (e) Seven members shall constitute a quorum. The affirmative vote of a majority of |
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135 | 135 | | 103COAST commissioners present and voting shall be required for an action of the COAST |
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136 | 136 | | 104commission. The COAST commission shall meet monthly and at other times as it shall deem |
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137 | 137 | | 105necessary or upon the written request of 4 COAST commissioners or the COAST chair; |
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138 | 138 | | 106provided, however, that notice of all meetings shall be given to each COAST commissioner and |
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139 | 139 | | 107to other persons who request such notice. The COAST commission shall adopt regulations |
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140 | 140 | | 108establishing procedures, which may include electronic communications, by which a request to |
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141 | 141 | | 109receive notice shall be made and the method by which timely notice may be given. |
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142 | 142 | | 110 (f) The COAST commission shall annually elect 1 of the COAST commissioners to serve |
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143 | 143 | | 111as secretary and 1 of the COAST commissioners to serve as treasurer. The secretary shall keep a |
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144 | 144 | | 112record of the proceedings of the COAST commission and shall be the custodian and keeper of |
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145 | 145 | | 113the records of all books, documents and papers filed by the COAST commission and of its |
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146 | 146 | | 114minute book. The secretary shall cause copies to be made of all minutes and other records and |
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147 | 147 | | 115documents of the COAST commission and shall certify that such copies are true copies, and all |
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148 | 148 | | 116persons dealing with the COAST commission may rely upon such certification. |
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149 | 149 | | 117 (g) The COAST commission shall appoint an executive director, who shall not be a |
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150 | 150 | | 118member of the COAST commission. The executive director shall serve at the pleasure of the |
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151 | 151 | | 119COAST commission, shall receive such salary as may be determined by the COAST 7 of 32 |
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152 | 152 | | 120commission, and shall devote full time and attention to the duties of the office. The executive |
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153 | 153 | | 121director shall be a person with skill and experience in management, shall be the executive and |
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154 | 154 | | 122administrative head of the COAST commission and shall be responsible for administering and |
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155 | 155 | | 123enforcing the provisions of law relative to the COAST commission and to each administrative |
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156 | 156 | | 124unit thereof. The executive director may employ other employees, consultants, agents and |
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157 | 157 | | 125advisors, including legal counsel, and shall attend meetings of the COAST commission. In the |
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158 | 158 | | 126case of an absence or vacancy in the office of the executive director or in the case of disability as |
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159 | 159 | | 127determined by the COAST commission, the COAST commission may designate an acting |
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160 | 160 | | 128executive director to serve as executive director until the vacancy is filled or the absence or |
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161 | 161 | | 129disability ceases. The acting executive director shall have all of the powers and duties of the |
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162 | 162 | | 130executive director and shall have similar qualifications as the executive director. |
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163 | 163 | | 131 (h) The executive director may, subject to the approval of the COAST commission, |
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164 | 164 | | 132appoint the director of correctional officer certification, and the director of the division of |
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165 | 165 | | 133correctional officer standards. The executive director shall appoint all other persons that the |
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166 | 166 | | 134executive director shall consider necessary to perform the functions of the COAST commission; |
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167 | 167 | | 135provided, however, that chapter 31 and section 9A of chapter 30 shall not apply to COAST |
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168 | 168 | | 136commission employees. If an employee serving in a position which is classified under said |
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169 | 169 | | 137chapter 31 or in which an employee has tenure by reason of said section 9A of said chapter 30 |
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170 | 170 | | 138shall be appointed to a position within the COAST commission which is not subject to said |
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171 | 171 | | 139chapter 31, the employee shall, upon termination of service in such position, be restored to the |
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172 | 172 | | 140position which the employee held immediately prior to such appointment; provided, however, |
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173 | 173 | | 141that the employee's service in such position shall be determined by the civil service commission |
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174 | 174 | | 142in accordance with the standards applied by that commission in administering said chapter 31. 8 of 32 |
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175 | 175 | | 143Such restoration shall be made without impairment of the employee's civil service status or |
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176 | 176 | | 144tenure under said section 9A of said chapter 30 and without loss of seniority, retirement or other |
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177 | 177 | | 145rights to which uninterrupted service in such prior position would have entitled such employee. |
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178 | 178 | | 146During the period of such appointment, each person so appointed from a position in the classified |
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179 | 179 | | 147civil service shall be eligible to take any competitive promotional examination for which such |
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180 | 180 | | 148person would otherwise have been eligible. The executive director and employees of the COAST |
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181 | 181 | | 149commission shall be classified as group 1 pursuant to paragraph (g) of subdivision (2) of section |
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182 | 182 | | 1503 of chapter 32. |
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183 | 183 | | 151 (i) No employee of the division of correctional officer standards, established pursuant to |
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184 | 184 | | 152section 8, or the executive director shall have previously been employed as a correctional officer, |
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185 | 185 | | 153previously employed by a correctional agency or be a retired correctional officer or retired from |
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186 | 186 | | 154a correctional agency; provided, however, that such employee may have been a previous |
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187 | 187 | | 155employee of or have retired from the division of correctional officer standards. |
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188 | 188 | | 156 (j) The COAST commission shall be a commission for the purposes of section 3 of |
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189 | 189 | | 157chapter 12. |
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190 | 190 | | 158 (k) Any vacancy occurring on the COAST commission shall be filled within 90 days by |
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191 | 191 | | 159the original appointing authority. A person appointed to fill a vacancy occurring other than by |
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192 | 192 | | 160expiration of a term of office shall be appointed for the unexpired term of the member they |
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193 | 193 | | 161succeed and shall be eligible for re-appointment. |
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194 | 194 | | 162 Section 3. Powers and duties of the COAST commission |
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195 | 195 | | 163 Section 3. (a) The COAST Commission shall have all powers necessary or convenient to |
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196 | 196 | | 164carry out and effectuate its purposes, including, but not limited to, the power to: 9 of 32 |
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197 | 197 | | 165 (1) act as the primary civil enforcement agency for violations of this chapter involving |
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198 | 198 | | 166correctional officers; |
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199 | 199 | | 167 (2) establish, in consultation with the Department of Corrections and the Massachusetts |
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200 | 200 | | 168Sheriffs Association, minimum correctional officer certification standards pursuant to section 4; |
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201 | 201 | | 169 (3) approve Department of Corrections training curriculum for correctional officers, |
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202 | 202 | | 170submitted to the COAST commission by the Department of Corrections; |
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203 | 203 | | 171 (3A) approve a House of Corrections training curriculum and standards for correctional |
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204 | 204 | | 172officers submitted to the COAST commission by the Massachusetts Sheriffs Association; |
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205 | 205 | | 173 (3B) approve a training curriculum and standards for jails submitted to the COAST |
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206 | 206 | | 174commission by the Massachusetts Sheriffs Association; |
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207 | 207 | | 175 (4) certify qualified applicants pursuant to section 4; |
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208 | 208 | | 176 (5) deny an application or limit, condition, restrict, revoke or suspend a certification, or |
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209 | 209 | | 177fine a person certified pursuant to section 4 for any cause that the COAST commission deems |
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210 | 210 | | 178reasonable; |
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211 | 211 | | 179 (6) receive complaints from any source and preserve all complaints and reports filed with |
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212 | 212 | | 180the COAST commission for the appropriate period of time; |
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213 | 213 | | 181 (7) conduct audits and investigations pursuant to section 8; |
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214 | 214 | | 182 (8) appoint correctional officers and approve employees to be hired by the executive |
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215 | 215 | | 183director pursuant to section 2; |
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216 | 216 | | 184 (9) establish and amend a plan of organization that it considers expedient; 10 of 32 |
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217 | 217 | | 185 (10) execute all instruments necessary or convenient for accomplishing the purposes of |
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218 | 218 | | 186this chapter; |
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219 | 219 | | 187 (11) enter into agreements or other transactions with a person, including, but not limited |
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220 | 220 | | 188to, a public entity or other governmental instrumentality or authority in connection with its |
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221 | 221 | | 189powers and duties under this chapter; |
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222 | 222 | | 190 (12) appear on its own behalf before boards, commissions, departments or other agencies |
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223 | 223 | | 191of municipal, state or federal government; |
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224 | 224 | | 192 (13) apply for and accept subventions, grants, loans, advances and contributions of |
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225 | 225 | | 193money, property, labor or other things of value from any source, to be held, used and applied for |
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226 | 226 | | 194its purposes; |
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227 | 227 | | 195 (14) provide and pay for advisory services and technical assistance as may be necessary |
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228 | 228 | | 196in its judgment to carry out this chapter and fix the compensation of persons providing such |
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229 | 229 | | 197services or assistance; |
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230 | 230 | | 198 (15) prepare, publish and distribute, with or without charge as the COAST commission |
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231 | 231 | | 199may determine, such studies, reports, bulletins and other materials as the COAST commission |
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232 | 232 | | 200considers appropriate; |
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233 | 233 | | 201 (16) gather facts and information applicable to the COAST commission's obligation to |
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234 | 234 | | 202issue, suspend or revoke certifications pursuant to section 4 for: (i) a violation of this chapter or |
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235 | 235 | | 203any regulation adopted by the COAST commission; (ii) a willful violation of an order of the |
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236 | 236 | | 204COAST commission; (iii) the conviction of a criminal offense; or (iv) the violation of any other |
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237 | 237 | | 205offense which would disqualify a person from being certified; 11 of 32 |
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238 | 238 | | 206 (17) conduct investigations into the qualifications of all applicants for certification |
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239 | 239 | | 207pursuant to section 4; |
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240 | 240 | | 208 (18) request and receive from the state police, the department of criminal justice |
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241 | 241 | | 209information services or other criminal justice agencies, including, but not limited to, the Federal |
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242 | 242 | | 210Bureau of Investigation and the federal Internal Revenue Service, such criminal offender record |
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243 | 243 | | 211information relating to the administration and enforcement of this chapter; |
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244 | 244 | | 212 (19) demand access to and inspect, examine, photocopy and audit all papers, books and |
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245 | 245 | | 213records of any correctional agency; |
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246 | 246 | | 214 (20) levy and collect assessments, fees and fines and impose penalties and sanctions for a |
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247 | 247 | | 215violation of this chapter or any regulations promulgated by the COAST commission; |
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248 | 248 | | 216 (21) restrict, suspend or revoke certifications issued pursuant to section 4; |
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249 | 249 | | 217 (22) conduct adjudicatory proceedings in accordance with chapter 30A; |
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250 | 250 | | 218 (23) refer cases for criminal prosecution to the appropriate federal, state or local |
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251 | 251 | | 219authorities; |
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252 | 252 | | 220 (24) issue subpoenas and compel the attendance of witnesses at any place within the |
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253 | 253 | | 221commonwealth, administer oaths and require testimony under oath before the COAST |
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254 | 254 | | 222commission in the course of an investigation or hearing conducted under this chapter; |
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255 | 255 | | 223 (25) maintain an official internet website for the COAST commission; |
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256 | 256 | | 224 (26) adopt, amend or repeal regulations in accordance with chapter 30A for the |
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257 | 257 | | 225implementation, administration and enforcement of this chapter, including, but not limited to, 12 of 32 |
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258 | 258 | | 226regulations: (i) governing the conduct of proceedings hereunder; (ii) determining whether an |
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259 | 259 | | 227applicant has met the standards for certification pursuant to section 4; (iii) establishing minimum |
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260 | 260 | | 228standards for internal correctional agency review of complaints of correctional officer-involved |
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261 | 261 | | 229injuries or deaths and recommendations to the COAST commission regarding retraining, |
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262 | 262 | | 230suspension or revocation of correctional officer certification to ensure consistency across |
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263 | 263 | | 231corrections agencies; (iv) establishing a physical and psychological fitness evaluation pursuant to |
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264 | 264 | | 232section 4 that measures said fitness to ensure correctional officers are able to perform essential |
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265 | 265 | | 233job duties; and (v) identifying patterns of unprofessional correctional officer conduct, including, |
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266 | 266 | | 234but not limited to, patterns of: (A) escalating behavior that may lead to the use of excessive force |
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267 | 267 | | 235or conduct that is biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, |
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268 | 268 | | 236religion, mental or physical disability, immigration status or socioeconomic or professional level; |
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269 | 269 | | 237(B) an increase in the frequency of complaints regarding an individual correctional officer; or (C) |
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270 | 270 | | 238the number of complaints regarding a correctional officer that are at least 1 standard deviation |
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271 | 271 | | 239above the mean for similarly situated correctional officers for a defined period; and |
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272 | 272 | | 240 (27) refer patterns of racial profiling or the mishandling of complaints of unprofessional |
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273 | 273 | | 241correctional officer conduct for investigation and possible prosecution to the attorney general or |
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274 | 274 | | 242the appropriate federal, state or local authorities; provided, however, that if the attorney general |
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275 | 275 | | 243has reasonable cause to believe that such a pattern exists based on information received from any |
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276 | 276 | | 244other source, the attorney general may bring a civil action for injunctive or other appropriate |
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277 | 277 | | 245equitable and declaratory relief to eliminate the pattern or practice. |
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278 | 278 | | 246 Section 4. Division of correctional officer certification 13 of 32 |
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279 | 279 | | 247 Section 4: (a) There shall be within the COAST commission a division of correctional |
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280 | 280 | | 248officer certification. The purpose of the division of correctional officer certification shall be to |
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281 | 281 | | 249establish uniform policies and standards for the certification of all correctional officers, subject |
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282 | 282 | | 250to the approval of the COAST commission. |
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283 | 283 | | 251 (b)(1) The division of correctional officer certification shall establish minimum |
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284 | 284 | | 252certification standards for all correctional officers that shall include, but not be limited to: (i) |
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285 | 285 | | 253attaining the age of 21; (ii) successful completion of a high school education or equivalent, as |
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286 | 286 | | 254determined by the COAST commission; (iii) successful completion of the basic training program |
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287 | 287 | | 255approved by the COAST commission; (iv) successful completion of a physical and psychological |
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288 | 288 | | 256fitness evaluation approved by the COAST commission; (v) successful completion of a state and |
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289 | 289 | | 257national background check, including, but not limited to, fingerprinting and a full employment |
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290 | 290 | | 258history; provided, that if the applicant has been previously employed in law enforcement or |
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291 | 291 | | 259corrections in any state or United States territory or by the federal government, the applicant's |
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292 | 292 | | 260full employment record, including complaints and discipline, shall be evaluated in the |
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293 | 293 | | 261background check; (vi) passage of an examination approved by the COAST commission; (vii) |
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294 | 294 | | 262possession of current first aid and cardiopulmonary resuscitation certificates or equivalent, as |
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295 | 295 | | 263determined by the COAST commission; (viii) successful completion of an oral interview |
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296 | 296 | | 264administered by the COAST commission; and (ix) being of good moral character and fit for |
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297 | 297 | | 265employment as a correctional officer, as determined by the COAST commission. |
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298 | 298 | | 266 (2) The COAST commission shall not issue a certificate to an applicant who: (i) does not |
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299 | 299 | | 267meet the minimum standards enumerated in paragraph (1) or the regulations of the COAST |
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300 | 300 | | 268commission; (ii) has been convicted of a felony or whose name is listed in the national |
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301 | 301 | | 269decertification index or the databases of decertified law enforcement and correctional officers 14 of 32 |
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302 | 302 | | 270maintained by the POST and COAST commissions; or (iii) while previously employed in law |
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303 | 303 | | 271enforcement, or corrections, in any state or United States territory or by the federal government, |
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304 | 304 | | 272has had their certification revoked. |
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305 | 305 | | 273 (3) The COAST commission may issue a certificate to a qualified applicant consistent |
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306 | 306 | | 274with the provisions of this chapter. The COAST commission shall determine the form and |
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307 | 307 | | 275manner of issuance of a certification. A certification shall expire 3 years after the date of |
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308 | 308 | | 276issuance. |
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309 | 309 | | 277 (4) A correctional officer shall remain in compliance with the requirements of this |
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310 | 310 | | 278chapter and all rules and regulations promulgated by the COAST commission for the duration of |
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311 | 311 | | 279their employment as a correctional officer. |
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312 | 312 | | 280 (c) No correctional agency shall appoint or employ a person as a correctional officer, |
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313 | 313 | | 281unless the person is certified by the COAST commission. |
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314 | 314 | | 282 (d) The division of correctional officer certification shall create and maintain a database |
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315 | 315 | | 283containing records for each certified correctional officer, including, but not limited to: |
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316 | 316 | | 284 (1) the date of initial certification; |
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317 | 317 | | 285 (2) the date of any recertification; |
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318 | 318 | | 286 (3) the records of completion of all training and all in-service trainings, including the |
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319 | 319 | | 287dates and locations of said trainings; |
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320 | 320 | | 288 (4) the date of any written reprimand and the reason for said reprimand; |
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321 | 321 | | 289 (5) the date of any suspension and the reason for said suspension; 15 of 32 |
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322 | 322 | | 290 (6) the date of any arrest and the charge or charges leading to said arrest; |
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323 | 323 | | 291 (7) the date of, and reason for, any internal affairs complaint; |
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324 | 324 | | 292 (8) the outcome of an internal affairs investigation based on an internal affairs complaint; |
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325 | 325 | | 293 (9) the date of any criminal conviction and crime for said conviction; |
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326 | 326 | | 294 (10) the date of any separation from employment with a correctional agency and the |
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327 | 327 | | 295nature of the separation, including, but not limited to, suspension, resignation, retirement or |
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328 | 328 | | 296termination; |
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329 | 329 | | 297 (11) the reason for any separation from employment, including, but not limited to, |
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330 | 330 | | 298whether the separation was based on misconduct or whether the separation occurred while the |
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331 | 331 | | 299appointing agency was conducting an investigation of the certified individual for a violation of |
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332 | 332 | | 300an appointing agency's rules, policies, procedures or for other misconduct or improper action; |
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333 | 333 | | 301 (12) the date of decertification, if any, and the reason for said decertification; and |
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334 | 334 | | 302 (13) any other information as may be required by the COAST commission. |
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335 | 335 | | 303 (e) Each certified correctional officer shall apply for renewal of certification prior to its |
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336 | 336 | | 304date of expiration as prescribed by the COAST commission. The COAST commission shall not |
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337 | 337 | | 305recertify any person as a correctional officer unless the COAST commission certifies that the |
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338 | 338 | | 306applicant for recertification continues to satisfy the requirements of subsection (b). |
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339 | 339 | | 307 (f) The COAST commission shall promulgate regulations for the division of correctional |
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340 | 340 | | 308officer to maintain a publicly available and searchable database containing records for all 16 of 32 |
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341 | 341 | | 309correctional officers. In promulgating the regulations, the COAST commission shall consider the |
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342 | 342 | | 310health and safety of the correctional officers. |
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343 | 343 | | 311 Section 5. |
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344 | 344 | | 312 Section 6. |
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345 | 345 | | 313 Section 7. |
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346 | 346 | | 314 Section 8. Division of correctional officer standards |
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347 | 347 | | 315 (a) There shall be within the COAST commission a division of correctional officer |
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348 | 348 | | 316standards. The purpose of the division of correctional officer standards shall be to investigate |
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349 | 349 | | 317correctional officer misconduct and make disciplinary recommendations to the COAST |
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350 | 350 | | 318commission. |
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351 | 351 | | 319 (b)(1) The head of a correctional agency shall transmit any complaint received by said |
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352 | 352 | | 320correctional agency within 2 business days to the division of correctional officer standards, in a |
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353 | 353 | | 321form to be determined by the COAST commission; provided, that the form shall include, but |
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354 | 354 | | 322shall not be limited to: (i) the name and COAST commission certification identification number |
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355 | 355 | | 323of the subject correctional officer; (ii) the date and location of the incident; (iii) a description of |
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356 | 356 | | 324circumstances of the conduct that is the subject of the complaint; (iv) whether the complaint |
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357 | 357 | | 325alleges that the correctional officer's conduct: (A) was biased on the basis of race, ethnicity, sex, |
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358 | 358 | | 326gender identity, sexual orientation, religion, mental or physical disability, immigration status or |
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359 | 359 | | 327socioeconomic or professional level; (B) was unprofessional; (C) involved excessive, prohibited |
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360 | 360 | | 328or deadly force; or (D) resulted in serious bodily injury or death; and (v) a copy of the original |
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361 | 361 | | 329complaint submitted directly to the correctional agency; provided, however, that the COAST 17 of 32 |
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362 | 362 | | 330commission may establish a minimum threshold and streamlined process for the reporting or |
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363 | 363 | | 331handling of minor complaints that do not involve the use of force or allegations of biased |
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364 | 364 | | 332behavior. |
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365 | 365 | | 333 (2) Upon completion of the internal investigation of a complaint, the head of each |
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366 | 366 | | 334correctional agency shall immediately transmit to the division of correctional officer standards an |
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367 | 367 | | 335investigation report in a form to be determined by the COAST commission; provided, that the |
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368 | 368 | | 336form shall include, but shall not be limited to: (i) a description of the investigation and |
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369 | 369 | | 337disposition of the complaint; (ii) any disciplinary action recommended by internal affairs or the |
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370 | 370 | | 338supervising officer; and (iii) if the recommended disciplinary action included retraining, |
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371 | 371 | | 339suspension or termination, a recommendation by the head of the correctional agency for |
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372 | 372 | | 340disciplinary action by the COAST commission including, retraining or suspension or revocation |
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373 | 373 | | 341of the correctional officer's certification. |
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374 | 374 | | 342 (3) Upon final disposition of the complaint, the head of each correctional agency shall |
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375 | 375 | | 343immediately transmit to the division of correctional officer standards a final report in a form to |
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376 | 376 | | 344be determined by the COAST commission; provided, that the form shall include, but shall not be |
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377 | 377 | | 345limited to: (i) any disciplinary action initially recommend by internal affairs or the supervising |
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378 | 378 | | 346officer; (ii) the final discipline imposed and a description of the adjudicatory process; and (iii) if |
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379 | 379 | | 347the disciplinary action recommended or imposed included retraining, suspension or termination, |
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380 | 380 | | 348a recommendation by the head of the correctional agency for disciplinary action by the COAST |
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381 | 381 | | 349commission including, retraining or suspension or revocation of the correctional officer's |
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382 | 382 | | 350certification. 18 of 32 |
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383 | 383 | | 351 (4) If a correctional officer resigns during a correctional agency investigation, prior to the |
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384 | 384 | | 352conclusion of a correctional agency investigation or prior to the imposition of correctional |
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385 | 385 | | 353agency discipline, up to and including termination, the head of said agency shall immediately |
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386 | 386 | | 354transmit to the division of correctional officer standards a report in a form to be determined by |
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387 | 387 | | 355the COAST commission; provided, that the form shall include, but shall not be limited to: (i) the |
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388 | 388 | | 356correctional officer's full employment history; (ii) a description of the events or complaints |
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389 | 389 | | 357surrounding the resignation; and (iii) a recommendation by the head of the correctional agency |
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390 | 390 | | 358for disciplinary action by the COAST commission, including retraining or suspension or |
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391 | 391 | | 359revocation of the correctional officer's certification. |
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392 | 392 | | 360 (5) Notwithstanding any general or special law or collective bargaining agreement to the |
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393 | 393 | | 361contrary, nothing shall limit the ability of the head of a correctional agency to make a |
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394 | 394 | | 362recommendation in their professional judgement to the COAST commission relative to the |
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395 | 395 | | 363certification status of a correctional officer, after having followed the correctional agency's |
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396 | 396 | | 364internal affairs procedure and any appeal therefrom. |
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397 | 397 | | 365 (c)(1) The division of correctional officer standards shall initiate a preliminary inquiry |
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398 | 398 | | 366into the conduct of a correctional officer if the COAST commission receives a complaint, report |
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399 | 399 | | 367or other credible evidence that is deemed sufficient by the COAST commission that the |
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400 | 400 | | 368correctional officer: |
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401 | 401 | | 369 (i) was involved a correctional officer-involved injury or death; |
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402 | 402 | | 370 (ii) committed a felony or misdemeanor, whether or not the correctional officer has been |
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403 | 403 | | 371arrested, indicted, charged or convicted; |
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404 | 404 | | 372 (iii) engaged in conduct prohibited pursuant to section 14; 19 of 32 |
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405 | 405 | | 373 (iv) engaged in conduct prohibited pursuant to section 15; or |
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406 | 406 | | 374 (v) the COAST commission receives an affirmative recommendation by the head of an |
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407 | 407 | | 375appointing agency for disciplinary action by the COAST commission, including retraining or |
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408 | 408 | | 376suspension or revocation of the correctional officer's certification. |
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409 | 409 | | 377 (2) The division of correctional officer standards may initiate a preliminary inquiry into |
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410 | 410 | | 378the conduct of a correctional officer upon receipt of a complaint, report or other credible |
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411 | 411 | | 379evidence that is deemed sufficient by the COAST commission that the correctional officer may |
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412 | 412 | | 380have engaged in prohibited conduct. All proceedings and records relating to a preliminary |
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413 | 413 | | 381inquiry or initial staff review used to determine whether to initiate an inquiry shall be |
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414 | 414 | | 382confidential, except that the executive director may turn over to the attorney general, the United |
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415 | 415 | | 383States Attorney or a district attorney of competent jurisdiction evidence which may be used in a |
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416 | 416 | | 384criminal proceeding. |
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417 | 417 | | 385 (3) The division of correctional officer standards shall notify any correctional officer who |
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418 | 418 | | 386is the subject of the preliminary inquiry, the head of their collective bargaining unit and the head |
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419 | 419 | | 387of their appointing agency of the existence of such inquiry and the general nature of the alleged |
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420 | 420 | | 388violation within 30 days of the commencement of the inquiry. |
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421 | 421 | | 389 (d) The division of correctional officer standards may audit all records related to the |
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422 | 422 | | 390complaints, investigations and investigative reports of any correctional agency related to |
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423 | 423 | | 391complaints of correctional officer misconduct or unprofessionalism, including, but not limited to, |
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424 | 424 | | 392personnel records. The COAST commission shall promulgate rules and regulations establishing |
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425 | 425 | | 393an audit procedure; provided, however, that said rules and regulations shall not limit the ability |
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426 | 426 | | 394of the division of correctional office standards to initiate an audit at any time and for any reason. 20 of 32 |
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427 | 427 | | 395 (e) The division of correctional officer standards shall create and maintain a database |
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428 | 428 | | 396containing information related to a correctional officer's: (i) receipt of complaints and related |
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429 | 429 | | 397information, including, but not limited to: the correctional officer's appointing agency, date, a |
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430 | 430 | | 398description of circumstances of the conduct that is the subject of the complaint and whether the |
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431 | 431 | | 399complaint alleges that the correctional officer's conduct: (A) was biased on the basis of race, |
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432 | 432 | | 400ethnicity, sex, gender identity, sexual orientation, religion, mental or physical disability, |
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433 | 433 | | 401immigration status or socioeconomic or professional level; (B) was unprofessional; (C) involved |
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434 | 434 | | 402excessive, prohibited or deadly force; or (D) resulted in serious bodily injury or death; (ii) |
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435 | 435 | | 403allegations of untruthfulness; (iii) failure to follow COAST commission training requirements; |
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436 | 436 | | 404(iv) decertification by the COAST commission; (v) correctional agency-imposed discipline; (vi) |
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437 | 437 | | 405termination for cause; and (vii) any other information the COAST commission deems necessary |
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438 | 438 | | 406or relevant. |
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439 | 439 | | 407 (f) The division of correctional officer standards shall actively monitor the database to |
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440 | 440 | | 408identify patterns of unprofessional correctional officer conduct. Upon identification of a pattern |
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441 | 441 | | 409of unprofessional correctional officer conduct, the division of correctional officer standards may |
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442 | 442 | | 410recommend the evidence in its possession for review in a preliminary inquiry. |
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443 | 443 | | 411 (g) The division of correctional officer standards shall be a law enforcement agency and |
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444 | 444 | | 412its employees shall have such law enforcement powers as necessary to effectuate the purposes of |
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445 | 445 | | 413this chapter, including the power to receive intelligence on an applicant for certification or an |
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446 | 446 | | 414officer certified under this chapter and to investigate any suspected violations of law. |
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447 | 447 | | 415 Section 9. Suspension of correctional officer certification 21 of 32 |
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448 | 448 | | 416 (a)(1) The COAST commission shall immediately suspend the certification of any |
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449 | 449 | | 417correctional officer who is arrested, charged or indicted for a felony. |
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450 | 450 | | 418 (2) If, after a preliminary inquiry pursuant to paragraph (1) of subsection (c) of section 8, |
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451 | 451 | | 419the COAST commission concludes by a preponderance of the evidence that a correctional officer |
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452 | 452 | | 420has engaged in conduct that could constitute a felony and upon a vote shall initiate an |
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453 | 453 | | 421adjudicatory proceeding of said conduct, the COAST commission shall immediately suspend a |
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454 | 454 | | 422correctional officer’s certification. |
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455 | 455 | | 423 (3) The COAST commission may, after a preliminary inquiry pursuant to paragraph (1) |
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456 | 456 | | 424of subsection (c) of section 8, suspend the certification of any correctional officer who is |
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457 | 457 | | 425arrested, charged or indicted for a misdemeanor, if the COAST commission determines by a |
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458 | 458 | | 426preponderance of the evidence that the crime affects the fitness of the correctional officer to |
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459 | 459 | | 427serve as a correctional officer. |
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460 | 460 | | 428 (4) The COAST commission may, pending preliminary inquiry pursuant to paragraph (1) |
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461 | 461 | | 429of subsection (c) of section 8, suspend the certification of any correctional officer if the COAST |
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462 | 462 | | 430commission determines by a preponderance of the evidence that the suspension is in the best |
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463 | 463 | | 431interest of the health, safety or welfare of the public. |
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464 | 464 | | 432 (5) A suspension order of the COAST commission issued pursuant to this subsection |
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465 | 465 | | 433shall continue in effect until issuance of the final decision of the COAST commission or until |
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466 | 466 | | 434revoked by the COAST commission. |
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467 | 467 | | 435 (b) The COAST commission shall administratively suspend the certification of a |
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468 | 468 | | 436correctional officer who fails to complete in-service training requirements of the COAST |
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469 | 469 | | 437commission within 90 days of the deadline imposed by the COAST commission; provided, 22 of 32 |
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470 | 470 | | 438however, that the COAST commission may promulgate reasonable exemptions to this |
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471 | 471 | | 439subsection, including, but not limited to, exemptions for: (1) injury or physical disability; (2) a |
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472 | 472 | | 440leave of absence; or (3) other documented hardship. |
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473 | 473 | | 441 The COAST commission shall reinstate the certification of a correctional officer |
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474 | 474 | | 442suspended pursuant to this subsection upon completion of the in-service training requirements of |
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475 | 475 | | 443the COAST commission. |
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476 | 476 | | 444 (c) The COAST commission shall administratively suspend the certification of a |
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477 | 477 | | 445correctional officer with a duty to report information to the COAST commission pursuant to |
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478 | 478 | | 446section 8 who fails to report such information. The COAST commission shall reinstitute the |
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479 | 479 | | 447certificate of a correctional officer suspended pursuant to this subsection upon completion of said |
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480 | 480 | | 448report. |
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481 | 481 | | 449 (d) A correctional officer whose certification is suspended by the COAST commission |
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482 | 482 | | 450pursuant to subsection (a), (b) or (c) shall be entitled to a hearing before a COAST commissioner |
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483 | 483 | | 451within 15 days. The terms of employment of a correctional officer whose certification is |
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484 | 484 | | 452suspended by the COAST commission pursuant to said subsection (a), (b) or (c) shall continue to |
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485 | 485 | | 453be subject to chapter 31 and any applicable collective bargaining agreement to which the |
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486 | 486 | | 454correctional officer is a beneficiary. |
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487 | 487 | | 455 Section 10: Revocation of correctional officer certification |
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488 | 488 | | 456 (a) The COAST commission shall, after a hearing, revoke a correctional officer’s |
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489 | 489 | | 457certification if the COAST commission finds by clear and convincing evidence that: |
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490 | 490 | | 458 (i) the correctional officer is convicted of a felony; 23 of 32 |
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491 | 491 | | 459 (ii) the certification was issued as a result of administrative error; |
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492 | 492 | | 460 (iii) the certification was obtained through misrepresentation or fraud; |
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493 | 493 | | 461 (iv) the correctional officer falsified any document in order to obtain or renew |
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494 | 494 | | 462certification; |
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495 | 495 | | 463 (v) the correctional officer has had a certification or other authorization revoked by |
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496 | 496 | | 464another jurisdiction; |
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497 | 497 | | 465 (vi) the correctional officer is terminated by their appointing agency, and any appeal of |
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498 | 498 | | 466said termination is completed, based upon intentional conduct performed under the color of |
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499 | 499 | | 467office to: obtain false confessions; create or use falsified evidence, including false testimony or |
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500 | 500 | | 468destroying evidence to create a false impression; engage in conduct that would constitute a hate |
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501 | 501 | | 469crime, as defined in section 32 of chapter 22C; or directly or indirectly receive a reward, gift or |
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502 | 502 | | 470gratuity on account of their official services; |
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503 | 503 | | 471 (vii) the correctional officer knowingly files a written report containing a false statement |
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504 | 504 | | 472or commits perjury, as defined in section 1 of chapter 268; |
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505 | 505 | | 473 (viii) the correctional officer tampers with a record for use in an official proceeding, as |
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506 | 506 | | 474defined in section 13E of chapter 268; |
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507 | 507 | | 475 (ix) the correctional officer used force in violation of section 14; |
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508 | 508 | | 476 (x) the correctional officer used excessive force resulting in death or serious bodily |
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509 | 509 | | 477injury; |
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510 | 510 | | 478 (xi) the correctional officer used a chokehold in violation of said section 14; 24 of 32 |
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511 | 511 | | 479 (xii) the correctional officer engaged in conduct that would constitute a hate crime, as |
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512 | 512 | | 480defined in section 32 of chapter 22C; |
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513 | 513 | | 481 (xiii) the correctional officer engaged in the intimidation of a witness, as defined in |
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514 | 514 | | 482section 13B of chapter 268; |
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515 | 515 | | 483 (xiv) the correctional officer failed to intervene, or attempt to intervene, to prevent |
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516 | 516 | | 484another correctional officer from engaging in prohibited conduct or behavior, including, but not |
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517 | 517 | | 485limited to, excessive or prohibited force in violation of section 15; |
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518 | 518 | | 486 (xv) the correctional officer is not fit for duty as a correctional officer and the |
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519 | 519 | | 487correctional officer is dangerous to the public, as determined by the COAST commission. |
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520 | 520 | | 488 (b) The COAST commission may, after a hearing, suspend or revoke a correctional |
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521 | 521 | | 489officer’s certification if the COAST commission finds by clear and convincing evidence that the |
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522 | 522 | | 490correctional officer: |
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523 | 523 | | 491 (i) has been convicted of any misdemeanor; |
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524 | 524 | | 492 (ii) was biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, |
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525 | 525 | | 493religion, mental or physical disability, immigration status or socioeconomic or professional level |
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526 | 526 | | 494in their conduct; |
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527 | 527 | | 495 (iii) has a pattern of unprofessional correctional officer conduct that COAST commission |
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528 | 528 | | 496believes may escalate; |
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529 | 529 | | 497 (iv) was suspended or terminated by their appointing agency for disciplinary reasons, and |
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530 | 530 | | 498any appeal of said suspension or termination is completed; or 25 of 32 |
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531 | 531 | | 499 (v) has repeated sustained complaints, for the same or different offenses. |
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532 | 532 | | 500 (c) The COAST commission may reinstate the certificate of a correctional officer |
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533 | 533 | | 501suspended pursuant to subsection (b) at the expiration of the suspension, if the COAST |
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534 | 534 | | 502commission finds that all conditions of the suspension were met. |
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535 | 535 | | 503 (d) The COAST commission may, after a hearing, order retraining for any correctional |
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536 | 536 | | 504officer if the COAST commission finds substantial evidence that the correctional officer: |
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537 | 537 | | 505 (i) failed to comply with this chapter or COAST commission regulations, reporting |
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538 | 538 | | 506requirements or training requirements; |
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539 | 539 | | 507 (ii) was biased on the basis of race, ethnicity, sex, gender identity, sexual orientation, |
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540 | 540 | | 508religion, mental or physical disability, immigration status or socioeconomic or professional level |
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541 | 541 | | 509in their conduct; |
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542 | 542 | | 510 (iii) used excessive force; |
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543 | 543 | | 511 (iv) failed to respond an incident according to established procedure; |
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544 | 544 | | 512 (v) has a pattern of unprofessional correctional conduct; |
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545 | 545 | | 513 (vi) was untruthful, except for a statement or action that mandates revocation pursuant to |
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546 | 546 | | 514subsection (a); |
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547 | 547 | | 515 (vii) was suspended or terminated by their appointing agency for disciplinary reasons, |
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548 | 548 | | 516except those reasons which mandate revocation pursuant to said subsection (a); 26 of 32 |
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549 | 549 | | 517 (viii) fails to intervene to prevent another correctional officer from engaging in prohibited |
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550 | 550 | | 518conduct or behavior, except a failure to intervene in conduct that mandates revocation pursuant |
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551 | 551 | | 519to said subsection (a); or |
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552 | 552 | | 520 (ix) would benefit in their job performance if retrained. |
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553 | 553 | | 521 (e) The COAST commission shall immediately notify the correctional officer and the |
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554 | 554 | | 522head of the appointing agency of the correctional officer who is decertified, suspended or |
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555 | 555 | | 523ordered to undergo retraining of the order. |
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556 | 556 | | 524 (f) The COAST commission shall conduct preliminary inquiries, revocation and |
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557 | 557 | | 525suspension proceedings and hearings, and promulgate regulations for such proceedings and |
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558 | 558 | | 526hearings, pursuant to sections 1, 8 and 10 to 14, inclusive, of chapter 30A. Any decision of the |
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559 | 559 | | 527COAST commission relative to a preliminary inquiry, revocation and suspension proceeding |
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560 | 560 | | 528shall be appealable pursuant to chapter 30A. No adverse action taken against a certification by |
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561 | 561 | | 529the COAST commission pursuant to this section shall be appealable to the civil service |
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562 | 562 | | 530commission established under chapter 31. No employment action taken by an appointing |
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563 | 563 | | 531authority that results from a revocation by the COAST commission pursuant to subsection (a) |
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564 | 564 | | 532shall be appealable to the civil service commission established under chapter 31. |
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565 | 565 | | 533 (g) The COAST commission shall publish any revocation order and findings. The |
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566 | 566 | | 534COAST commission shall provide all revocation information to the national decertification |
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567 | 567 | | 535index. No correctional officer may apply for certification after that correctional officer’s |
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568 | 568 | | 536certification has been revoked pursuant to this section. |
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569 | 569 | | 537 (h) An appointing agency shall complete an internal affairs investigation into correctional |
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570 | 570 | | 538officer misconduct and issue a final disposition within one year of receiving a complaint or 27 of 32 |
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571 | 571 | | 539notice from the COAST commission of the complaint being filed. The COAST commission may, |
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572 | 572 | | 540upon a showing of good cause, extend the time to complete the investigation. The COAST |
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573 | 573 | | 541commission shall not institute a revocation or suspension hearing pursuant to this section until |
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574 | 574 | | 542the correctional officer’s appointing agency has issued a final disposition or 1 year has elapsed |
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575 | 575 | | 543since the incident was reported to the COAST commission, whichever is sooner. If the |
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576 | 576 | | 544correctional officer notifies the COAST commission that the correctional officer wishes to |
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577 | 577 | | 545suspend such hearing pending an appeal or arbitration of the appointing agency’s final |
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578 | 578 | | 546disposition, the COAST commission shall suspend the hearing. Any such suspension of the |
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579 | 579 | | 547hearing shall not exceed 1 year from the correctional officer’s notice to the COAST commission; |
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580 | 580 | | 548provided, however, that at any time during which the hearing is so suspended and upon a |
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581 | 581 | | 549showing of good cause by the correctional officer, the COAST commission shall further suspend |
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582 | 582 | | 550the hearing for a period of not less than 6 months and not more than the COAST commission |
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583 | 583 | | 551determines is reasonable; provided, however, that any delay in instituting a revocation or |
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584 | 584 | | 552suspension hearing shall not exceed 1 year from the correctional officer’s request. If the |
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585 | 585 | | 553correctional officer notifies the COAST commission that the correctional officer wishes to |
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586 | 586 | | 554suspend such hearing pending the resolution of criminal charges, the COAST commission shall |
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587 | 587 | | 555suspend the hearing; provided, however, that the correctional officer’s certification shall be |
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588 | 588 | | 556suspended during the pendency of any delay in such hearing. This subsection shall not impact the |
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589 | 589 | | 557COAST commission’s authority to suspend a certification pursuant to section 9. |
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590 | 590 | | 558 Section 11. Employment of decertified correctional officer prohibited |
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591 | 591 | | 559 Neither any correctional agency, nor a sheriff, nor the executive office of public safety |
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592 | 592 | | 560nor any entity thereunder shall employ a decertified correctional officer in any capacity, |
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593 | 593 | | 561including, but not limited to, as a consultant or independent contractor. 28 of 32 |
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594 | 594 | | 562 Section 12. Retaliation for providing information to or testifying before the COAST |
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595 | 595 | | 563commission prohibited |
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596 | 596 | | 564 No correctional officer or employee of the commonwealth or of any county, city, town or |
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597 | 597 | | 565district shall discharge a correctional officer or employee, change their official rank, grade or |
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598 | 598 | | 566compensation, deny a promotion or take any other adverse action against a correctional officer or |
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599 | 599 | | 567employee or threaten to take any such action for providing information to the COAST |
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600 | 600 | | 568commission or testifying in any COAST commission proceeding. |
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601 | 601 | | 569 Section 13. Public database of orders issued pursuant to Sec. 10; cooperation with |
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602 | 602 | | 570national decertification index and other jurisdictions |
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603 | 603 | | 571 (a) The COAST commission shall maintain a publicly available database of orders issued |
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604 | 604 | | 572pursuant to section 10 on the COAST commission's website, including, but not limited to: (i) the |
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605 | 605 | | 573names of all decertified correctional officers, the date of decertification, the correctional officer's |
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606 | 606 | | 574last appointing agency and the reason for decertification; (ii) the names of all correctional |
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607 | 607 | | 575officers who have been suspended, the beginning and end dates of suspension, the correctional |
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608 | 608 | | 576officer's appointing agency and the reason for suspension; and (iii) the names of all correctional |
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609 | 609 | | 577officers ordered to undergo retraining, the date of the retraining order, the date the retraining was |
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610 | 610 | | 578completed, the type of retraining ordered, the correctional officer's appointing agency and the |
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611 | 611 | | 579reason for the retraining order. |
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612 | 612 | | 580 (b) The COAST commission shall cooperate with the national decertification index and |
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613 | 613 | | 581other states and territories to ensure correctional officers who are decertified by the |
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614 | 614 | | 582commonwealth are not hired as law enforcement or correctional officers in other jurisdictions, |
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615 | 615 | | 583including by providing information requested by those entities. 29 of 32 |
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616 | 616 | | 584 Section 14. Correctional Officer De-escalation tactics to be used prior to physical or |
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617 | 617 | | 585deadly force; prohibited uses of force |
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618 | 618 | | 586 (a) A correctional officer shall not use physical force upon another person unless de- |
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619 | 619 | | 587escalation tactics have been attempted and failed or are not feasible based on the totality of the |
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620 | 620 | | 588circumstances and such force is necessary, proportionate and in accordance with the regulations |
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621 | 621 | | 589promulgated by the COAST pursuant to subsection (e) of section 15. |
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622 | 622 | | 590 (b) A correctional officer shall not use deadly force upon a person unless de-escalation |
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623 | 623 | | 591tactics have been attempted and failed or are not feasible based on the totality of the |
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624 | 624 | | 592circumstances and such force is necessary to prevent imminent harm to a person and the amount |
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625 | 625 | | 593of force used is proportionate to the threat of imminent harm. |
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626 | 626 | | 594 (c) A correctional officer shall not use a chokehold. A correctional officer shall not be |
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627 | 627 | | 595trained to use a lateral vascular neck restraint, carotid restraint or other action that involves the |
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628 | 628 | | 596placement of any part of a correctional officer’s body on or around a person’s neck in a manner |
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629 | 629 | | 597that limits the person’s breathing or blood flow. |
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630 | 630 | | 598 (d) A correctional officer shall not discharge any firearm into or at a fleeing motor |
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631 | 631 | | 599vehicle unless, based on the totality of the circumstances, such discharge is necessary to prevent |
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632 | 632 | | 600imminent harm to a person and the discharge is proportionate to the threat of imminent harm to a |
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633 | 633 | | 601person. |
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634 | 634 | | 602 Section 15. Duties of correctional officer observing use of unreasonable force by another |
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635 | 635 | | 603correctional officer; intervention; reporting; policy against retaliation; promulgation of rules and |
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636 | 636 | | 604regulation on use of force 30 of 32 |
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637 | 637 | | 605 (a) A correctional officer present and observing another correctional officer using |
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638 | 638 | | 606physical force, including deadly force, beyond that which is necessary or objectively reasonable |
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639 | 639 | | 607based on the totality of the circumstances, shall intervene to prevent the use of unreasonable |
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640 | 640 | | 608force unless intervening would result in imminent harm to the correctional officer or another |
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641 | 641 | | 609identifiable individual. |
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642 | 642 | | 610 (b) A correctional officer who observes another correctional officer using physical force, |
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643 | 643 | | 611including deadly force, beyond that which is necessary or objectively reasonable based on the |
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644 | 644 | | 612totality of the circumstances shall report the incident to an appropriate supervisor as soon as |
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645 | 645 | | 613reasonably possible but not later than the end of the correctional officer's shift. The correctional |
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646 | 646 | | 614officer shall prepare a detailed written statement describing the incident consistent with uniform |
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647 | 647 | | 615protocols. The correctional officer's written statement shall be included in the supervisor's report. |
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648 | 648 | | 616 (c) A correctional agency shall develop and implement a policy and procedure for |
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649 | 649 | | 617correctional personnel to report abuse by other correctional personnel without fear of retaliation |
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650 | 650 | | 618or actual retaliation. |
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651 | 651 | | 619 (d) The COAST commission shall promulgate rules and regulations on the use of force |
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652 | 652 | | 620by correctional officers including, but not limited to, the appropriate use of kinetic weapons, |
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653 | 653 | | 621canines, and restraint chairs in correctional settings. Such rules and regulations shall be |
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654 | 654 | | 622consistent with this section and section 14. |
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655 | 655 | | 623 Section 16. Annual reporting requirements |
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656 | 656 | | 624 The COAST commission shall annually report to the general court, the governor and the |
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657 | 657 | | 625attorney general concerning: (1) all correctional officer-involved injuries or deaths that occurred |
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658 | 658 | | 626during the preceding fiscal year, including: (i) the total number of correctional officer-involved 31 of 32 |
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659 | 659 | | 627injuries or deaths; (ii) the number of correctional officer-involved injuries or deaths reported by |
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660 | 660 | | 628each agency; and (iii) any operational, policy, regulatory or legislative recommendations to |
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661 | 661 | | 629reduce the number and seriousness of correctional officer-involved injuries or deaths; (2) all |
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662 | 662 | | 630correctional officers who were decertified during the preceding fiscal year, including: (i) the total |
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663 | 663 | | 631number of correctional officers who were decertified; (ii) the reasons for revocation of the |
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664 | 664 | | 632certificate and the frequency of each reason; (iii) the average number of complaints a |
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665 | 665 | | 633correctional officer who was decertified received over the course of their tenure as a correctional |
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666 | 666 | | 634officer and on a per annum basis; (iv) the frequency with which said complaints alleged bias on |
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667 | 667 | | 635the basis of race, ethnicity, sex, gender identity, sexual orientation, religion, mental or physical |
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668 | 668 | | 636disability, immigration status or socioeconomic or professional level; (v) the frequency with |
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669 | 669 | | 637which said complaints alleged use of excessive or prohibited force or correctional officer- |
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670 | 670 | | 638involved injuries or deaths; (vi) the frequency with which a correctional officer who was |
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671 | 671 | | 639decertified failed to meet training requirements established by the COAST commission and their |
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672 | 672 | | 640appointing agency; and (vii) the frequency with which a correctional officer who was decertified |
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673 | 673 | | 641was subject to discipline, including, but not limited to, retraining or suspension, by the COAST |
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674 | 674 | | 642commission and their appointing agency prior to decertification; (3) all suspensions that occurred |
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675 | 675 | | 643during the preceding fiscal year, including: (i) the total number of suspensions; (ii) the reasons |
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676 | 676 | | 644for suspensions of the certificate and the frequency of each reason; (iii) the average number of |
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677 | 677 | | 645complaints a correctional officer who was suspended received over the course of their tenure as a |
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678 | 678 | | 646correctional officer and on a per annum basis; (iv) the frequency with which said complaints |
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679 | 679 | | 647alleged bias on the basis of race, ethnicity, sex, gender identity, sexual orientation, religion, |
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680 | 680 | | 648mental or physical disability, immigration status or socioeconomic or professional level; (v) the |
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681 | 681 | | 649frequency with which said complaints alleged use of excessive or prohibited force or correctional 32 of 32 |
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682 | 682 | | 650officer-involved injuries or deaths; (vi) the frequency with which a correctional officer who was |
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683 | 683 | | 651suspended failed to meet training requirements established by the COAST commission and their |
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684 | 684 | | 652appointing agency; and (vii) the frequency with which a correctional officer who was suspended |
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685 | 685 | | 653was subject to discipline, including, but not limited to, retraining or previous suspension, by the |
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686 | 686 | | 654COAST commission and their appointing agency prior to suspension; (4) all retraining orders |
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687 | 687 | | 655imposed by the COAST commission that occurred during the preceding fiscal year, including: (i) |
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688 | 688 | | 656the total number of retraining orders, by type of retraining ordered; (ii) the reasons for retraining |
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689 | 689 | | 657and the frequency of each reason, by type of retraining ordered; (iii) the average number of |
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690 | 690 | | 658complaints a correctional officer who was subject to a retraining order, by type of retraining |
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691 | 691 | | 659ordered, received over the course of their tenure as a correctional officer and on a per annum |
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692 | 692 | | 660basis; (iv) the frequency with which said complaints alleged bias on the basis of race, ethnicity, |
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693 | 693 | | 661sex, gender identity, sexual orientation, religion, mental or physical disability, immigration status |
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694 | 694 | | 662or socioeconomic or professional level, by type of retraining ordered; (v) the frequency with |
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695 | 695 | | 663which said complaints alleged use of excessive or prohibited force or correctional officer- |
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696 | 696 | | 664involved injuries or deaths, by type of retraining; (vi) the frequency with which a correctional |
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697 | 697 | | 665officer who was subject to a retraining order, by type of retraining ordered, failed to meet |
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698 | 698 | | 666training requirements established by the COAST commission and their appointing agency; and |
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699 | 699 | | 667(vii) the frequency with which a correctional officer who was subject to a retraining order was |
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700 | 700 | | 668previously subject to discipline, by type of retraining ordered, including, but not limited to, |
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701 | 701 | | 669retraining or suspension, by the COAST commission and their appointing agency; (5) the total |
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702 | 702 | | 670number of injuries or deaths of correctional officers; and (6) any other action the COAST |
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703 | 703 | | 671commission has taken. The COAST commission shall make such further reports on matters |
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704 | 704 | | 672within its jurisdiction as necessary. |
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