§ 7-294ee — Minimum standards and practices for the administration, management and operation of law enforcement units. Unit state-accreditation tier certification or accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc.

Connecticut § 7-294ee

• Jurisdiction: Connecticut
• Title 7: Municipalities
• Ch. 104: Police and Fire Protection

Text

(a) The Police Officer Standards and Training Council, established under section 7-294b, and the Commissioner of Emergency Services and Public Protection or the commissioner's designee, shall jointly develop, adopt and revise, as necessary, minimum standards and practices for the administration, management and operation of law enforcement units, as defined in section 7-294a. Such minimum standards and practices shall be based upon standards established by the International Association of Chiefs of Police and the Commission on Accreditation for Law Enforcement Agencies, Inc., and shall include, but need not be limited to, standards and practices regarding bias-based policing, use of force, response to crimes of family violence, use of body-worn recording equipment, complaints that allege misconduct by police officers, use of electronic defense weapons, eyewitness identification procedures, notifications in death and related events and pursuits by police officers and compliance with the guidance issued by the council pursuant to subdivision (1) of subsection (g) of section 7-294d regarding reporting procedures to be followed by chief law enforcement officers for certificate suspension, cancellation or revocation. Not later than January 1, 2023, the council shall, within available appropriations, divide the minimum standards and practices into three state-accreditation tiers, to be known as tier one, tier two and tier three. Tier one shall consist of minimum standards and practices designed to protect law enforcement units from liability, enhance the delivery of services and improve public confidence in law enforcement units. Tier two shall consist of minimum standards and practices for the administration, management and operation of law enforcement units. Tier three shall consist of higher minimum standards and practices for the administration, management and operation of law enforcement units. The council shall post the minimum standards and practices of each tier on the council's Internet web site and disseminate the minimum standards and practices of each tier to law enforcement units. The council and commissioner or the commissioner's designee shall jointly develop a process to review a law enforcement unit's compliance with the minimum standards and practices of each tier and issue a certificate of compliance with the minimum standards and practices of tier one, tier two or tier three, as the case may be, to a law enforcement unit that meets or exceeds the minimum standards and practices of such tier. (b) On and after January 1, 2019, and until December 31, 2022, each law enforcement unit shall adopt and maintain (1) the minimum standards and practices developed by the council pursuant to subsection (a) of this section, or (2) a higher level of accreditation standards developed by the council or the Commission on Accreditation for Law Enforcement Agencies, Inc., except a law enforcement unit that serves a municipality and consists solely of constables or resident state troopers shall adopt and maintain such standards and practices or accreditation on and after January 1, 2019, and until December 31, 2023. (c) On and after January 1, 2023, and until December 31, 2023, each law enforcement unit shall (1) be certified, at a minimum, as meeting the requirements for state-accreditation tier one developed by the council pursuant to subsection (a) of this section, or (2) meet a higher level of accreditation standards developed by the Commission on Accreditation for Law Enforcement Agencies, Inc., except a law enforcement unit that serves a municipality and consists solely of constables or resident state troopers shall be so certified or meet such accreditation standards on and after January 1, 2024, and until December 31, 2024. (d) On and after January 1, 2024, and until December 31, 2025, each law enforcement unit shall (1) be certified, at a minimum, as meeting the requirements for state-accreditation tiers one and two developed by the council pursuant to subsection (a) of this section, or (2) meet a higher level of accreditation standards developed by the Commission on Accreditation for Law Enforcement Agencies, Inc., except a law enforcement unit that serves a municipality and consists solely of constables or resident state troopers shall be so certified or meet such accreditation standards on and after January 1, 2025, and until December 31, 2026. (e) On and after January 1, 2026, each law enforcement unit shall (1) be certified as meeting the requirements for state-accreditation tiers one, two and three developed by the council pursuant to subsection (a) of this section, or (2) meet a higher level of accreditation standards developed by the Commission on Accreditation for Law Enforcement Agencies, Inc., except a law enforcement unit that serves a municipality and consists solely of constables or resident state troopers shall be so certified or meet such accreditation standards on and after January 1, 2027. (f) If a law enforcement unit fails to obtain or maintain the appropriate certification for a state-accreditation tier or tiers or the higher level of accreditation standards developed by the Commission on Accreditation for Law Enforcement Agencies, Inc., as required by the provisions of subsections (b) to (e), inclusive, of this section, the council shall work with the law enforcement unit to obtain and maintain such certification or accreditation standards. (g) If a law enforcement unit fails to comply with the guidance issued by the council pursuant to subdivision (1) of subsection (g) of section 7-294d regarding reporting procedures to be followed by chief law enforcement officers for certificate suspension, cancellation or revocation, the council may revoke the certificate of compliance with the appropriate state-accreditation tier or tiers, as the case may be, issued pursuant to this section. (h) No civil action may be brought against a law enforcement unit for damages arising from the failure of the law enforcement unit to (1) adopt and maintain such minimum standards and practices or a higher level of accreditation standards pursuant to subsection (b) of this section, or (2) obtain and maintain the appropriate certificate of compliance with the appropriate state-accreditation tier or tiers or accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc., as required by subsections (c) to (e), inclusive, of this section.

Legislative History

(P.A. 18-161, S. 2; July Sp. Sess. P.A. 20-1, S. 44; P.A. 22-119, S. 1; P.A. 23-59, S. 1.) History: P.A. 18-161 effective January 1, 2019; July Sp. Sess. P.A. 20-1 amended Subsec. (a) to add “Until December 31, 2024, the”, delete “, within available appropriations, and make a technical change”, amended Subsec. (b) to add “and until December 31, 2024,”, added new Subsec. (c) re accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc., and redesignated existing Subsec. (c) as Subsec. (d) and amended same by designating existing provision as Subdiv. (1) and adding Subdiv. (2) re accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc., effective July 31, 2020; P.A. 22-119 amended Subsec. (a) by deleting “Until December 31, 2024, the”, inserting “and operation”, and adding provisions re state-accreditation tiers and compliance with guidance issued pursuant to Sec. 7-294d(g)(1), amended Subsec. (b) by substituting “December 31, 2022” for “December 31, 2024”, inserted new Subsecs. (c) and (d) re state-accreditation tiers and Commission on Accreditation for Law Enforcement Agencies, Inc. accreditation standards, substantially revised existing Subsec. (c) and redesignated provisions as Subsecs. (e) and (f), added Subsec. (g) re failure to comply with guidance issued pursuant to Sec. 7-294d(g)(1), redesignated Subsec. (d) as Subsec. (h) and in same inserted “the appropriate certificate of compliance with the appropriate state-accreditation tier or tiers or” and substituted “as required by subsections (c) to (e), inclusive, of this section” for “pursuant to subsection (c) of this section”, effective May 27, 2022; P.A. 23-59 amended Subsecs. (b) to (e) to add provisions re law enforcement unit that serves a municipality and consists solely of constables or resident state troopers, effective June 26, 2023.