HB 6597 — AN ACT CONCERNING THE ACCREDITATION, REPORTING REQUIREMENTS, MENTAL HEALTH, BODY-WORN RECORDING EQUIPMENT, DATA STORAGE SERVICES, TRAINING AND HIRING OF LAW ENFORCEMENT OFFICERS.

Section(NEW) 4a-53(Effective offrom passage) (a) Not later than July 1, 2022, the generalPolice statutesOfficer isStandards repealedand Training Council, after consultation with persons with mental or physical disabilities and theadvocates followingon isbehalf substitutedof insuch lieupersons, thereofshall (Effectivedevelop froma passage):training curriculum for police officers regarding interactions with persons who have mental or physical disabilities.

sHB6597(b) /On Fileand No.after October 1, 2022, each police basic or review training programconducted oradministeredby thePolice Officer Standardsand Training Council, the Division of State Police within the Department of Emergency Services and Public Protection or a municipal police department shall include the training curriculum developed pursuant to subsection (a) of this section.

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310 (a) The Commissioner of Administrative Services may join with federal agencies, other state governments, political subdivisions of this state or nonprofit organizations in cooperative purchasing plans when the best interests of the state would be served thereby.

(b) The state, through the Commissioner of Administrative Services, may purchase equipment, supplies, materials and services from a person who has a contract to sell such property or services to other state governments, political subdivisions of this state, nonprofit organizations or public purchasing consortia, in accordance with the terms and conditions of such contract.

(c)TheCommissionerofAdministrativeServices,inconjunctionwith the Department of Energy and Environmental Protection and within available appropriations, shall make known to the chief executive officer of each municipality the existence of cooperative plans for the purchase of recycled paper.

(d) The Commissioner of Administrative Services, in conjunction with the Department of Emergency Services and Public Protection, shall enter into a cooperative purchasing plan with each municipality that seeks to enter into such plan for the purchase of digital data storage devices or services, as defined in section 29-6d, for use by municipal police departments.

(NEW)Subdivision (Effective(6) fromof passage)subsection (a) Notof latersection than29-6d Julyof 1, 2022, the Policegeneral Officerstatutes, Standardsas andamended Trainingby Council,section after19 consultationof withpublic personsact with20-1 mental or physical disabilities and advocates on behalf of suchthe persons,July shallspecial developsession, ais trainingrepealed curriculumand forthe policefollowing officersis regardingsubstituted interactionsin withlieu personsthereof who(Effective havefrom mentalpassage): or physical disabilities.

(b)(6) On"Police andpatrol aftervehicle" Octobermeans 1,any 2022,state eachor local police basicvehicle, or[other reviewthan] trainingbut programconducteddoes oradministeredbynot thePoliceinclude Officeran Standardsadministrative andvehicle Trainingin Council,which thean Divisionoccupant ofis Statewearing Policebody-worn withincamera theequipment, Departmenta ofbicycle, Emergencya Servicesmotor andscooter, Publican Protectionall-terrain orvehicle, aan municipalelectric policepersonal departmentassistive shallmobility includedevice, theas trainingdefined curriculumin developedsubsection pursuant(a) sHB6597of /section File14-289h, No.or an animal control vehicle.

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310 to subsection (a) of this section.

SubsectionSection (c)7-291c of section 7-277c of the general statutes is repealed and the following is substituted in lieu thereof (Effective fromJuly passage):1, 2021):

(c)(a) TheNo Officelaw ofenforcement Policyunit, andas Managementdefined shallin distributesection grants-in-7-294a, aidshall tohire any municipalityperson pursuantas toa thispolice sectionofficer, duringas thedefined fiscalin yearssaid endingsection, June[7-294a,] 30,who 2021,was previously employed as a police officer by such unit or in any other jurisdiction and Junewho 30,(1) 2022.was dismissed for malfeasance or other serious sHB6597 / File No.

Any752 suchsHB6597 grant-in-aidFile shallNo. be for up to fifty per cent of the cost of such purchase of body-worn recording equipment, digital data storage devices or services or dashboard cameras with a remote recorder, [if the municipality is a distressed municipality, as defined in section 32-9p, or up to thirty per cent of the cost of such purchase if the municipality is not a distressed municipality,] provided the costs of such digital data storage services covered by a grant-in-aid shall not be for a period of service that is longer than one year.

This752 actmisconduct shallcalling takeinto effectquestion assuch followsperson's andfitness shallto amendserve theas followinga sections:police officer;

fromor passage(2)resignedorretiredfromsuchofficer'spositionwhile Sectionunder 1investigation 7-294eefor Sec.such malfeasance or other serious misconduct.

2(b) Any law enforcement unit that has knowledge that any former police officer of such unit who (1) (A) was dismissed for malfeasance or other serious misconduct, or (B) resigned or retired from passagesuch 7-294d(a)(22)officer's Sec.positionwhile under investigationfor suchmalfeasance or other serious misconduct;

3and from(2) passageis 7-291d(a)an Sec.applicant for the position of police officer with any other law enforcement unit, shall inform such other unit and the Police Officer StandardsandTraining Council established under section 7-294b of such dismissal, resignation or retirement.

(c)The Police Officer StandardsandTraining Councilshallnot certify any police officer who (1) was dismissed for malfeasance or other serious misconduct, or (2) resigned or retired from such officer's position while under investigation for malfeasance or other serious misconduct.

[(c)] (d) The provisions of this section shall not apply to any police officer who is exonerated of each allegation against such officer of such malfeasance or other serious misconduct.

(e)The Police Officer StandardsandTraining Councilmay affordany law enforcement unit prohibited from hiring a person as a police officer pursuant to subsection (a) of this section and any police officer denied certification pursuant to subsection (c) of this section an opportunity for a hearing in accordance with the provisions of chapter 54 to determine whether (1) the police officer was dismissed for such malfeasance or other serious misconduct, (2) the police officer resigned or retired while under investigation for such malfeasance or other serious misconduct, (3) the police officer was exonerated of each allegation of such malfeasance or other serious misconduct, or (4) the conduct at issue constituted malfeasance or serious misconduct.

(f) Nothing in this section shall preclude the Police Officer Standards and Training Council from suspending, cancelling or revoking the sHB6597 / File No.

752 sHB6597 File No.

752 certification of a police officer pursuant to subsection (c) of section 7- 294d.

[(d)] (g) For purposes of this section, (1) "malfeasance" means the commonly approved usage of "malfeasance";

and (2) "serious misconduct" means improper or illegal actions taken by a police officer in connection with such officer's official duties that could result in a miscarriage of justice, [or] discrimination or a gross deviation of the generally accepted standards and behavior of a police officer, including, but not limited to, (A) a conviction of a felony, (B) fabrication or falsification of evidence, (C) [repeated] use of [excessive] physical force in a manner found to not be justifiable after an investigation conducted pursuant to section 51-277a, (D) acceptance of a bribe, [or] (E) the commission of fraud, (F) failure to intervene or stop unreasonable, excessive or illegal use of force by another police officer, or (G) intimidation or harassment causing injury based upon actual or perceived protected class membership, identity or expression.

Sec.

8.

Section 7-294e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):

(a) Notwithstanding the provisions of any general statute or special act or local law, ordinance or charter, [to the contrary,] each police officer shall forfeit such officer's appointment and position unless recertified by the council according to procedures and within the time frame established by the council.

Any sworn member of the Division of State Police within the Department of Emergency Services and Public Protection who is deemed certified under subsection (d) of section 7- 294d is required to apply for recertification by the council within the time frame established by the council, unless such member retires from said division within such time frame.

(b) The Police Officer Standards and Training Council may recommend to the Commissioner of Emergency Services and Public Protection any regulations it deems necessary to carry out the provisions of section 7-291c, as amended by this act, 7-294a, subsection sHB6597 / File No.

752 sHB6597 File No.

752 (a) of section 7-294b, sections 7-294c and 7-294d, as amended by this act, and this section, giving due consideration to the varying factors and special requirements of law enforcement units.

(c) The Commissioner of Emergency Services and Public Protection may adopt regulations, in accordance with the provisions of chapter 54, as are necessary to implement the provisions of section 7-291c, as amended by this act, 7-294a, subsection (a) of section 7-294b, sections 7- 294c and 7-294d, as amended by this act, and this section.

Such regulations shall be binding upon all law enforcement units.

Sec.

9.

(Effective from passage) Notwithstanding the provisions of subsection (b) of section 7-294jj of the general statutes, not later than January 1, 2022, the municipal police department for the town of West Haven may acquire one mine-resistant, ambush-protected vehicle from the municipal police department for the town of Farmington.

The municipal police department for the town of West Haven shall otherwise be subject to the provisions of section 7-294jj of the general statutes.

Sec.

10.

Section 7-294r of the general statutes is repealed.

(Effective October 1, 2022) This act shall take effect as follows and shall amend the following sections:

Section 1 from passage 7-294ee Sec.

2 from passage 7-294d(a)(22) from passage Sec.

3 7-291d(a) Sec.

5 from passage 4a-53New section Sec.

6 from passage New29-6d(a)(6) section Sec.

7 fromJuly passage1, 7-277c(c)2021 Statement7-291c ofSec. Legislative Commissioners:

In8 SectionJuly 1(a)1, and2021 (f),7-294e "subdivisionSec. (1) of" was inserted for accuracy.

PS9 Jointfrom Favorablepassage Subst.New section Sec.

10 October 1, 2022 Repealer section sHB6597 / File No.

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310752 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

Agency Affected Fund-Effect FY 22 $ FY 23 $ Department of Emergency GF - Cost 139,312 143,491 Services and Public Protection State Comptroller - Fringe GF - Cost 57,536 59,262 Benefits1 Treasurer,Note: Debt Serv.

GF - Potential See Below See Below Cost Note:

Municipalities Effect FY 22 $ FY 23 $ Various Municipalities Potential See Below See Below Cost Various Municipalities Potential See Below See Below Savings West Haven Potential See Below See Below Cost Farmington Potential See Below See Below Revenue Gain Explanation The bill makes numerous changes affecting state and local law enforcement resulting in the various impacts described below.

Sections 1-2 require the Police Officer Standards and Training Council (POST) to develop three tiers of minimum standards and practices for law enforcement units resulting in POST needing to hire two field program assistants for a cost of $196,848 in FY 22 and $202,753 (costs1The includefringe salarybenefit andcosts fringefor benefits).most state employees are budgeted centrally in accounts administered by the Comptroller.

The new employees are 1The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

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310752 needed(costs toinclude helpsalary develop the standards, accredit and reaccreditfringe lawbenefits). enforcement units, review and certify unit compliance, and recommend to theOffice of Policy and Management an appropriate penalty for units not in compliance.

It'sThe anticipatednew thatemployees 150are lawneeded enforcement units will have to meethelp develop the new standards, 50accredit currentlyand meetreaccredit tierlaw oneenforcement butunits, approximatelyand 100review wouldand needcertify tounit startcompliance. the process from the beginning.

Sections1It's and2anticipated alsothat result150 inpotentialsavingstolaw municipalitiesfromenforcement eliminatingunits thewill requirementhave thatto lawmeet enforcementthe unitsnew receivestandards, accreditation50 fromcurrentlymeet thetier Commissiononebut onapproximately Accreditation100wouldneed forto Lawstart Enforcementthe Agencies,process Inc(CALEA)from bythe 2025.beginning.

Sections 1 and 2 also result in a potential savings to municipalities from eliminating the requirement that law enforcement units receive accreditation from the Commission on Accreditation for Law Enforcement Agencies, Inc(CALEA) by 2025.

SectionsSection 4-54 requirerequires the Department of Administrative Services, in consultationwithDESPP,tostudyandmakeconsultationwithvariousagencies recommendationsonways to lowerissue thearequest costsfor incurredproposalforthe bypurchase municipalof policebody-worn departmentsrecording forequipment, digital data storage devices andor services related to body-worn recording equipment and enterdashboard intocameras ato cooperativesupport purchasinglaw planenforcement withunits municipalitiesand forpolice dataofficers storage resulting in no fiscal impactimpact. to the state.

Section 65 requires POST to develop a training curriculum for police officers interacting with people who have mental or physical disabilities resulting in no fiscal impact because POST has the expertise to meet the requirements of this section.

Section 76 increasesand reimbursement10 ratesmake fortechnical the municipal purchase of body-worn cameras and relatedconforming technologychanges fromresulting 30in percentno offiscal costsimpact. sHB6597 / File No.

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310 to 50 percent for non-distressed municipalities;

the bill does not change the current 50 percent reimbursement rate for distressed municipalities.

State reimbursements for body-worn cameras are funded through General Obligation (GO) bond funds.

Future General Fund debt service costs may be incurred sooner under the bill to the degree that it causes authorized GO bond funds to be expended or to be expended more rapidly than they otherwise would have been.

As of March 1, 2021, the unallocated bond balance available under the relevant authorization is $4 million.

The bill does not change GO bond authorizations relevant to the program.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation and the terms of any bonds issued.

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310752 OLRSections Bill7-8 Analysisprohibits sHBhiring 6597police ANofficers ACTwho CONCERNINGwere ACCREDITATION,dismissed REPORTINGfor REQUIREMENTS,malfeasance MENTALor HEALTH,resigned DATAor STORAGEretired SERVICESwhile ANDunder TRAININGinvestigation OFresulting LAWin ENFORCEMENTno OFFICERS.fiscal impact to the state.

SUMMARYSection This9 billallows makes several changes affecting law enforcement, including the DepartmentCity of EmergencyWest ServicesHaven andto Publicacquire Protectiona (DESPP),mine-resistant, theambush-protected Policevehicle Officerfrom Standardsthe andTown Trainingof CouncilFarmington. (POST), and law enforcement units (see BACKGROUND).

This results in a potential cost to the City of West Haven, and corresponding potential revenue gain to the Town of Farmington that will depend on the provisions of an agreement between the two municipalities for the acquisition of the vehicle.

House "A" strikes the underlying bill and its associated fiscal impact resulting in the impact described above.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

sHB6597 / File No.

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752 OLR Bill Analysis sHB 6597 (as amended by House "A")* AN ACT CONCERNING ACCREDITATION, REPORTING REQUIREMENTS, MENTAL HEALTH, DATA STORAGE SERVICES AND TRAINING OF LAW ENFORCEMENT OFFICERS.

SUMMARY This bill makes several changes affecting law enforcement and related agencies, including the Department of Emergency Services and Public Protection (DESPP), the Police Officer Standards and Training Council (POST), and law enforcement units (see BACKGROUND).

increasesrequires grantthe fundingDepartment of Administrative Services (DAS) to manyissue municipalitiesa request for proposal (RFP) for purchasing body-worn recording equipment (i.e., body cameras)cameras), and dashboard cameras with a remote recorder (i.e., dashboard cameras)cameras), and establishescamera- arelated cooperativedigital purchasingdata planstorage fordevices camera-relatedand digitalservices datato storagesupport deviceslaw enforcement units and services;police officers in complying with state law’s camera use requirements;

and 4.

addsexplicitly curriculumexcludes onanimal interactingcontrol, withall-terrain, peopleand whocertain haveother mentalpolice orvehicles physicalfrom disabilitieshaving to policebe basicequipped andwith reviewa training.dashboard sHB6597 / File No.

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752 camera;

5.

replaces police basic and review training on handling incidents involving individuals affected with a serious mental illness with a training curriculum on interacting with people who have mental or physical disabilities;

6.

modifies statutes concerning the hiring and certification of police officers who were dismissed for malfeasance or serious misconduct;

and 7.

authorizes the West Haven police department to acquire a mine- resistant, ambush-protected vehicle from the Farmington police department.

*House Amendment “A” (1) moves up the end date for maintaining at least the Tier I minimum standards and practices by a year;

(2) removes a provision allowing POST to recommend withholding state funds from a unit for failing to comply with specific POST guidance;

(3) eliminates provisions increasing grant funding to municipalities for purchasing body cameras and dashboard cameras and establishing a cooperative purchasing plan for camera-related digital data storage devices and services;

(4) adds the camera-related RFP issuance provision;

(5) excludes animal control, all-terrain, and certain other police vehicles fromdashboardcamera requirements;(6) replaces police basic and review training on handling incidents involving individuals affected with a serious mental illness with a training curriculum on interacting with people who have mental or physical disabilities;

(7) modifies statutes concerning the hiring and certification of police officerswho were dismissedfor malfeasance or seriousmisconduct;and (8) authorizes the West Haven police department to acquire a mine- resistant, ambush-protected vehicle from the Farmington police department.

Upon passagepassage, except the provisions concerning sHB6597 / File No.

310752 1114 sHB6597 File No.

310752 §§the 1hiring &and 2certification —of MINIMUMpolice STANDARDSofficers AND(§§ PRACTICES7 Until& December8) 31,are 2024,effective currentJuly law1, requires2021, POST and DESPPtheprovisioneliminating tothetraining jointlyon develop,handling adopt,incidents andinvolving revise,individuals asaffected necessary,with minimuma standardsserious andmental practicesillness for(§ administering10) andis managingeffective lawOctober enforcement1, units,2022. based inpart onstandardsfromCALEA.

§§ 1 & 2 — MINIMUM STANDARDS AND PRACTICES Until December 31, 2024, current law requires POST and DESPP to jointly develop, adopt, and revise, as necessary, minimum standards and practices for administering and managing law enforcement units, based inpart onstandardsfromCALEA.

StartingUnder current law, starting in 2025, units must obtain and maintain CALEA accreditation.

TheIt billinstead also requires POST to, within available appropriations, divide the current minimum standards and practices tointo bethree dividedtiers intoby threeJanuary tiers,1, 2022, thereby codifying POST’s existing three-three-tiered tiered accreditation structure.

The table below outlinesdescribes the minimum standards and practices of each tier, what higher level of accreditation standards developed by POST or CALEA that are otherwise acceptable for each tier, and the associateddates adoptionby deadlines.which units must adopt and maintain the acceptable standards for each tier.

Minimum Standards & Practices AdoptionTiers Schedule Tier 1I Tier 2II Tier 3III Minimum Minimum standards Minimum standards Higher minimum Standards & and practices and practices for theunistandards standards and Practices designed to protect administration, practices for theunit Description law enforcement management, and administration, units from liabilityoperation of units management, and enhance theservice delivery operation ofdelivery, units of services, and improve public confidence in units Accepted Higher Developed by POST Developed by POST Developed by CALEA Level of or CALEA or CALEA Accreditation Standards Required By January 1, 2022, By January 1, 2023, By January 1, 2025, Adopted Dates and until December and until December and after 31, 2023* 31, 2024 sHB6597 / File No.

310752 1215 sHB6597 File No.

310752 *Presumablyimprove thispublic shouldconfidence bein 12/31/22units toAccepted avoidHigher anDeveloped overlapby POST Developed by POST Developed by CALEA Level of or CALEA or CALEA Accreditation Standards Required By January 1, 2022, By January 1, 2023, By January 1, 2025, Adoption and and until December and until December and after Maintenance 31, 2022 31, 2024 Dates The bill makes conforming changes to extend to each tier the current requirements for POST to (1) publish and distribute the standards and practices and (2) jointly review and certify unit compliance with DESPP.

The bill also requires that the minimum standards and practices include compliance with specific POST guidance regardingon reporting procedures for police officer certificate suspension, cancellation, or revocation (i.e., POST General Notice 20-09).

Under the bill, if a law enforcement unit fails to comply with the guidance, then (1) POST may recommend to the Office of Policy and Management (OPM), and the OPM secretary may order, an appropriate penalty involving the withholding of state funds from the unit and (2) POST may revoke the unit’s certificate of compliance with the minimum standards and practices.

The bill extends this prohibition to cover officers who seek or receive services as a result of a statutorily-statutorily required behavioral health assessment.

§§ 4-5 & 7 — BODY AND DASHBOARD CAMERA RELATED GRANTS AND COOPERATIVE PURCHASING Under current law, OPM must distribute up to $4 million in grants to municipalities in FYs 21 and 22 toward certain purchases of body sHB6597 / File No.

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310752 cameras,§§ dashboard4 cameras,& and6 related— equipmentBODY andAND serviceDASHBOARD purchasesCAMERAS (i.e.,Current digitalstate datalaw storagegenerally devicesrequires police officers to use body cameras while interacting with the public in their law enforcement capacity if they are sworn members of (1) the State Police, (2) a public university or services).college special police force, or (3) a municipal police department that has received certain state reimbursement grants for body camera purchases.

TheUnder billexisting allowslaw, anybeginning municipalityJuly 1, 2022, this requirement is expanded to receiveinclude aall grantsworn members of upstate, tomunicipal, 50%and tribal law enforcement units and members of associatedthose costs,units ratherwhoperformpoliceduties.Italsoobligateseachofthoseunitstorequire thanthe 50%use forof distresseddashboard municipalitiescameras andwith 30%a forremote allrecorder otherin municipalities,each aspolice underpatrol currentvehicle law.used by any of the officers it employs (CGS § 29-6d).

Relatedly,The the bill requires theDAS, Departmentin ofconsultation Administrativewith Servicesthe (DAS)Office commissioner,of inPolicy conjunctionand withManagement and DESPP, to enterissue intoan aRFP, cooperativeby purchasingOctober plan1, with2021, eachfor municipalitypurchasing thatbody optsand intodashboard thecameras planand for buying digital data storage devices orand services forto usesupport bylaw itsenforcement units and police department.officers in complying with the above requirements.

Additionally,Under the billbill, requires the DASdeadline commissioner,for insubmitting consultationproposals withmust thebe DESPPno commissioner,more tothan study60 anddays makefrom recommendationsthe ondate ways to lower the costsRFP incurredis byissued. municipal police departments for digital data storage devices and services, including:

By January 1, 2022, a DAS-established screening committee must evaluate the proposals submitted and determine thehighest scoring proposersbasedon theRFP’s criteria.The billrequiresany contract awardedunder theRFP to beavailableto other state governments, political subdivisions of the state (e.g., a municipality), and nonprofit organizations in accordance with the state’s “piggyback” purchasing law (i.e., CGS § 4a-53).

Thebillalso modifiesthecurrentstatutorydefinitionof“police patrol vehicle.” The bill explicitly excludesthefollowing typesofvehiclesfrom the term:

(1) bicycles, (2) motor scooters, (3) all-terrain vehicles, (4) electric personal assistive mobility devices, and (5) animal control vehicles.

§§ 5 & 10 — OFFICER TRAINING CURRICULUM The bill requires POST to develop a training curriculum, by July 1, 2022, for police officers on interacting with people who have mental or sHB6597 / File No.

752 17 sHB6597 File No.

752 physical disabilities, after consulting with these people and their advocates.

Beginning October 1, 2022, each police basic or review training program conducted or administered by POST, the State Police, or a municipal police department must include this curriculum.

Under current law, state and local police basic and review training must include, among other things, specific training on handling incidents involving (1) juveniles with autism spectrum disorder or nonverbal learning disorder and (2) individuals affected with a serious mental illness (CGS §§ 7-294h & -294r).

The bill eliminates the second training requirement on individuals with a serious mental illness.

§§ 7 & 8 — POLICE OFFICER HIRING AND CERTIFICATION Existing law prohibits a law enforcement unit from hiring a police officer who was previously employed by the unit or in another jurisdiction and (1) was dismissed for malfeasance or serious misconduct calling into question his or her fitness to serve as an officer or (2) resigned or retired during an investigation into such conduct.

The bill:

theexpressly feasibilityprohibits of,POST andfrom costscertifying associatedthese with,officers; expanding DESPP’s storage system or building a new system to provide digital data storage devices or services for municipal police departments;

complianceallows withPOST theto Freedomhold ofhearings Informationfor Actunits ifand aofficers municipalto policedetermine departmentwhether storesa dataspecific fromhiring bodyor cameracertification recordingsdenial onis aimproper; state-owned storage system;

and 3.

cost-sharingexpands arrangementsthe withtype municipalof policeactions departmentsconsidered thatuseastate-ownedstoragesystemthat“serious consideraspecificcostmisconduct,” perprincipally policeto officerinclude andtaking policeimproper departmentsor illegal actions that could result in largea municipalitiesgross anddeviation distressedfrom municipalities;generally accepted police officer standards and behavior.

Existing law requires a unit, if it knows that such an officer is applying to another unit, to inform POST and 4.the other unit about the officer’s dismissal, resignation, or retirement.

anyBy issuesexpanding associatedthe withdefinition aof municipal“serious policemisconduct,” departmentthe transferringbill datacorrespondingly fromexpands onewhen storagethese systemunits must report to aPOST state-ownedand storageother system.units.

TheUnderexistinglawandthebill,thehiring,certification,andreporting DASsHB6597 commissioner/ mustFile submitNo. his findingsandrecommendations to the Public Safety and Security Committee by February 1, 2022.

§752 618 — OFFICER TRAINING CURRICULUM sHB6597 / File No.

310752 14provisions sHB6597do Filenot No.apply to officers exonerated from malfeasance or serious misconduct allegations.

310Additionally, Thethe bill requiresdoes POSTnot topreclude developPOST afrom trainingsuspending, curriculumcancelling, for police officers on interacting with people who have mental or physicalrevoking disabilitiesan byofficer’s Julycertification 1,based 2022,on afterits consultingexisting withstatutory suchauthority. people and their advocates.

BeginningOfficer OctoberCertification 1,The 2022,bill eachexplicitly policeprohibits basicPOST orfrom reviewcertifying trainingany programofficer conductedwho (1) was dismissed for malfeasance or administeredother byserious POST,misconduct, theas Statedefined Police,below, or a(2) municipalresigned policeor departmentretired mustduring includean thisinvestigation curriculum.for such conduct.

Under existing law, stateunchanged andby localthe policebill, basic“malfeasance” andhas reviewits trainingcommon mustmeaning include,(i.e., amonga otherwrongful, things,unlawful, specific training on handling incidents involving (1) juveniles with autism spectrum disorder or nonverbaldishonest learningact). disorder and (2) individuals affected with a serious mental illness (CGS §§ 7-294h & -294r).

BACKGROUND Law Enforcement Units By law, aPOST “lawenforces enforcementprofessional unit”standards isfor anycertifying state or municipal agency or department (or tribal agency or department created and governeddecertifying underpolice aofficers, memorandumamong ofother agreement)duties. whose primary functions include enforcing criminal or traffic laws;

Existing law allows POST to cancel or revoke a police officer’s certification for several actions included in the below definition of serious misconduct, such as fraud, document falsification, or felony convictions (CGS § 7-294d).

POST must (1) investigate if it believes there is a reasonable basis for cancelling or revoking an officer’s certificate and (2) institute cancellation or revocation procedures if it determines probable cause exists (Conn.

Agencies Reg.

§ 7-294e-11).

POST Hearings The bill allows POST to hold a hearing, in accordance with the Uniform Administrative Procedure Act (UAPA), for any (1) law enforcement unit prohibited from hiring a person by the provisions describedaboveand(2)policeofficerdeniedcertificationbythebill.The hearing’s purpose must be to determine whether the (1) police officer was dismissed for malfeasance or other serious misconduct, (2) police officer resigned or retired while under investigation for malfeasance or other serious misconduct, (3) police officer was exonerated of each allegation of malfeasance or other serious misconduct, or (4) conduct at issue constituted malfeasance or serious misconduct.

Under existing law, unchanged by the bill, before cancelling or revoking an officer’s certification, POST must (1) give the officer notice sHB6597 / File No.

752 19 sHB6597 File No.

752 and an adequate opportunity for a hearing and (2) make a finding of the improper conduct by clear and convincing evidence.

Any hearing to suspend, cancel, or revoke a certification must be conducted in accordance with the UAPA, and any certificate holder aggrieved by a POST decision may appeal to court under the UAPA (CGS § 7-294d).

Serious Misconduct Under current law, “serious misconduct” means an officer’s improper or illegal actions connected with official duties that could cause a miscarriage of justice or discrimination, such as a felony conviction, evidence fabrication, repeated use of excessive force, bribe acceptance, or fraud.

The bill expands the definition of “serious misconduct” to include an officer’s improper or illegal actions connected with official duties that could cause a gross deviation from generally accepted police officer standards and behavior.

It also expands the type of actions that explicitly constitute serious misconduct, to include:

1.

evidence falsification;

2.

failure to intervene or stop unreasonable, excessive, or illegal use of force by another officer;

and 3.

intimidation or harassment causing injury based upon actual or perceived protected class membership, identity, or expression.

Additionally, thebill changeswhena police officer’suse of force rises to “serious misconduct.” Under current law, “serious misconduct” includes repeated use of excessive force.

Under the bill, it instead includes the use of physical force found to be unjustifiable after a statutory investigation by the Office of the Inspector General (OIG).

(By law, these OIG investigations are limited to circumstances in which a person dies as a result of an officer’s use of force (CGS § 51-277a).) § 9 — CONTROLLED EQUIPMENT ACQUISITION Existing lawprohibitslawenforcement agencies(i.e., State Police and sHB6597 / File No.

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752 municipal police departments) from acquiring certain military equipment, including mine-resistant ambush-protected vehicles (i.e., “controlled equipment”) (CGS § 7-294jj).

Notwithstanding this law, the bill allows the West Haven municipal police department to acquire, by January 1, 2022, one mine-resistant ambush-protected vehicle from the Farmington municipal police department.

The bill provides that the West Haven municipal police department is otherwise subject to existing law concerning controlled equipment (e.g., law enforcement agencies that are allowed to keep controlled equipment are prohibited from using it for crowd management or intimidation tactics.) BACKGROUND Law Enforcement Units By law, a “law enforcement unit” is any state or municipal agency or department (or tribal agency or department created and governed under a memorandum of agreement) whose primary functions include enforcing criminal or traffic laws;

By February 1, 2022, POST must submit its results and recommendations to the Public Safety and Security Committee.

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