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