2021 -- H 6104

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LC002011

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- POLICE OFFICERS --

COMMISSION ON STANDARDS AND TRAINING

     Introduced By: Representative Jose F. Batista

     Date Introduced: March 03, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     Legislative findings.

     SECTION 1. The General Assembly hereby finds and declares the following:

     (1) That a serious need for improvement in the administration of local law enforcement

exists in order to better protect the health, safety and welfare of its citizens;

     (2) That police work, a basic adjunct of law enforcement administration, is professional

in nature, and requires proper educational and clinical training in a state whose population is

increasing in relation to its physical area, and in a society where greater reliance on better law

enforcement through higher standards of efficiency is a paramount need;

     (3) That the present need for improvement can be substantially met by the creation of a

compulsory educational and training program for persons who seek to become permanent law

enforcement officers wherein such persons will be required, while serving in a probationary

capacity prior to permanent appointment, to receive efficient training in this profession provided at

facilities selected, approved and inspected by a commission created for such purpose; and

     (4) That by qualifying and becoming proficient in the field of law enforcement such

persons shall individually and collectively better insure the health, safety and welfare of the citizens

of this state in their respective communities.

     SECTION 2. Sections 42-28-25 and 42-28-30 of the General Laws in Chapter 42-28

entitled "State Police" are hereby amended to read as follows:

     42-28-25. State and municipal police training school established.

     (a) Within the Rhode Island state police there is hereby created and established a state and

municipal police training school.

     (b) The superintendent of the state police police officer standards and accreditation

commission established under § 42-28-2.3 shall have supervision of the state and municipal police

training academy and shall establish standards for admission and a course of training. The

superintendent shall report to the governor and general assembly a plan for a state and municipal

police training academy on or before December 31, 1993. The superintendent commission shall, in

consultation with the department of public safety, the Police Chiefs' Association and the

chairperson of the Rhode Island commission on standards and training make all necessary rules

and regulations relative to the admission, education, physical standards and personal character of

the trainees and such other rules and regulations as shall not be inconsistent with law.

     (c) Applicants to the state and municipal police training academy shall pay an application

fee in the amount of fifty dollars ($50.00); provided, however, the superintendent may waive such

application fee if payment thereof would be a hardship to the applicant.

     (d) Trainees shall pay to the division an amount equal to the actual cost of meals consumed

at the state police and municipal police training academy and the actual cost of such training

uniforms which remain the personal property of the trainees.

     (e) All fees and payments received by the division pursuant to this section shall be

deposited as general revenues.

     42-28-30. Certificate of completion of training course.

     Upon the satisfactory completion of the prescribed course of training, the superintendent

police officer standards and accreditation commission shall issue to each candidate a certificate of

merit and shall forward to the appointing authority certification of the candidate's qualifications for

appointment.

     SECTION 3. Sections 42-28.2-2, 42-28.2-3, 42-28.2-7 and 42-28.2-8 of the General Laws

in Chapter 42-28.2 entitled "Police Officers - Commission on Standards and Training" are hereby

amended to read as follows:

     42-28.2-2. Municipal Police Training Academy School established.

     There is hereby created and established, under the authority of the director of the

department of public safety, a municipal police training school, for the use of all municipal police

departments with the exception of the Providence police department. The municipal police training

academy shall also be used by the division of enforcement of the department of environmental

management, or any other recognized police authority approved by the police officer's commission

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on standards and training and shall be maintained by the state and located at a facility maintained

and approved by the director of public safety. The municipal police training academy may utilize

other state property for special courses of instruction when deemed necessary by the police officer's

commission on standards and training with the consent of the governor.

     42-28.2-3. Commission established -- Appointment and terms.

     (a) Starting in January, 1970 and annually thereafter the governor shall appoint members

to the commission to serve There is hereby established a police officer standards and accreditation

commission within the department of public safety. All appointments of members to the

commission shall be for a term of three (3) years commencing the first day of February next

following their respective appointment(s) and until their respective successors shall be appointed

and qualified to succeed the person or persons whose term next expires. At least one person serving

on the commission shall be appointed from a list of five (5) names submitted to the governor by

the Rhode Island League of Cities and Towns and at least three (3) persons serving on the

commission shall be chiefs of local police departments. There shall be fifteen (15) members of said

commission as follows:

     (1) The colonel of the Rhode Island state police, or designee;

     (2) The commissioner of public safety for the city of Providence, or designee;

     (3) One chief of police selected by the Rhode Island Police Chiefs' Association;

     (4) One law enforcement officer selected by the Rhode Island Minority Police Association;

     (5) One law enforcement officer below the rank of sergeant appointed by the governor;

     (6) One law enforcement officer of any rank appointed by the governor;

     (7) The attorney general, or designee;

     (8) Seven (7) non-law enforcement persons appointed by the governor. A minimum of

three (3) whom shall be from the office of diversity, equity and opportunity.

     (b) Members of the commission shall be eligible for reappointment.

     (c) The governor shall appoint a chairperson of the commission. The secretary of the

department of public safety shall appoint an executive director of the commission, with the approval

of the governor.

     42-28.2-7. Reports.

     The commission on standards and training shall make an annual report to the director of

public safety which will include pertinent data regarding the standards established and the degree

of participation of municipalities in the training programs; an annual appropriation for the

administration of the commission; for the operations of the municipal police training academy

school; and the delivery of standardized training at the municipal police training academy school.

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     42-28.2-8. Establishment of standards.

     (a) The commission on standards and training shall prepare and publish mandatory training

standards, not applicable to the city of Providence, and to be promulgated with due consideration

to varying factors and special requirements of local police agencies, the division of enforcement of

the department of environmental management and the board of regents relative to:

     (1) Minimum standards of physical, educational, mental and moral fitness which shall

govern the recruitment, selection, and apportionment of police officers; provided, however, that the

minimum height and weight standards for local police officers shall be determined by each

municipality.

     (2) The commission with the approval of the director of public safety will establish the

courses of training, and set rules and regulations relative to the education, physical standards, and

personal character of candidates and trainees.

     (3) Minimum course of study, attendance requirements, equipment, and facilities required

at the municipal police training school, or other approved training schools certified pursuant to §

42-28.2-6.

     (4) Minimum qualification for instructors at the municipal police training school, or other

approved training schools certified pursuant to § 42-28.2-6.

     (5) Minimum basic training requirements which police officers appointed to probationary

terms shall complete before being eligible for continued or permanent employment, and the term

within which that basic training must be completed following such appointment to a probationary

term.

     (6) Minimum basic training requirements which police officers not appointed for

probationary terms but appointed on other than a permanent basis shall complete before being

eligible for continued employment.

     (7) Categories or classifications of advanced in-service training programs and minimum

courses of study and attendance requirements for those categories or classifications.

     (8) The establishment of subordinate regional training centers in strategic geographic

locations in order to serve the greatest number of local police agencies that are unable to support

their own training programs.

     (9) The establishment of guidance for meeting the requirements set forth in this section

through training provided by the commission or other independent educational entities.

     (b) The commission shall establish a schedule of sessions of the school, of which there

shall be a minimum of one session per year.

     (c) The commission shall authorize the establishment of police training schools by any

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municipality which demonstrates that it can satisfactorily meet the minimum standards established

for police training schools.

     (d) The commission shall set policies and standards for background investigations for all

persons appointed to committee-certified academies and initial appointments of those persons,

which investigations shall require at a minimum verification against the national decertification

index and the database maintained by the police officer standards and accreditation committee.

     (e) The commission shall maintain records of training for all law enforcement officers,

issue confirmation of satisfactory completion of training, and provide for extensions or waivers of

training requirements for good cause and maintain records of any such extension or waiver and the

reason. The commission shall provide records of completion of training to the director of public

safety.

     (f)(1) The commission shall establish a bonus program whereby any certified law

enforcement officer shall also be eligible to receive each fiscal year a bonus for exceeding the

minimum training requirements established pursuant to subsection (a) of this section. The

commission shall establish through rules and regulations the curriculum of courses that may result

in a bonus under this section, and may offer such courses through the municipal police training

academy school or establish a process by which independent educational institutions can be

accredited for providing such courses. Such courses shall be in addition to, and not in place of,

course work that is part of any law enforcement officer's annual in-service training requirement as

set forth in subsection (a) of this section. The courses may cover such subjects as the committee

deems appropriate, but shall at a minimum cover:

     (i) Proficiency in a foreign language relevant to police work in the jurisdiction in which

the individual licensed officer is employed;

     (ii) Advanced first aid;

     (iii) Advanced domestic violence and sexual violence training;

     (iv) Advanced de-escalation techniques;

     (v) Narcotics training; and

     (vi) Advanced training in bias-free policing.

     (2) Annual base salary increases shall be awarded in the following increments per level of

achievement:

     (i) Level 1: one thousand dollars ($1,000);

     (ii) Level 2: two thousand five hundred dollars ($2,500);

     (iii) Level 3: five thousand dollars ($5,000).

     (3) The commission shall determine what courses or sequences of courses will result in

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attainment of the levels set forth in subsection (f)(2) of this section. A bonus shall be paid by the

municipality, payable in bi-weekly increments, for the remainder of the fiscal year upon completion

of the coursework required for such bonus, and shall be paid for coursework completed during that

fiscal year, but shall not roll forward to subsequent fiscal years. Law enforcement officers shall not

receive credit in a fiscal year for courses completed in a prior fiscal year, and may not receive an

incentive for re-taking a course the officer has previously taken. Law enforcement officers may not

receive payment for more than one level in one fiscal year.

     (4) The commission shall establish quality guidelines, including, but not limited to,

standards and review processes, for courses that are eligible for bonuses under this section. The

commission shall certify annually that any independent educational institution offering the courses

meets or exceeds the academic standards established herein. The commission shall consult with the

Rhode Island department of education as part of its certification process of any independent

educational institution.

     (5) The commission shall establish a program of qualifying courses offered pursuant to this

section not later than June 1 of each calendar year.

     42-28.2-10. Discretionary powers of commission.

     (a) The commission on standards and training may:

     (1) Visit and inspect the police training school, or examine the curriculum or training

procedures, for which application for approval has been made.

     (2) Authorize the issuance of certificates of graduation or diplomas by the approved police

training school to police officers who have satisfactorily completed minimum courses of study.

     (3) Cooperate with state, federal, and local police agencies in establishing and conducting

local or area schools or regional training centers for instruction and training of police officers of

this state, its cities or towns.

     (4) Adopt such rules and regulations as are necessary to carry out the purpose of this

chapter.

     (5) Make recommendations to the director of public safety on matters pertaining to

qualification and training of police officers.

     (6) Approve the use of training schools certified pursuant to § 42-28.2-6 by the departments

of any municipality pursuant to an agreement between that municipality and the municipality

operating the facility.

     (b) The commission shall have the power to certify, renew, revoke or otherwise modify the

certification of any law enforcement officer.

     SECTION 4. Chapter 42-28.2 of the General Laws entitled "Police Officers - Commission

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on Standards and Training" is hereby amended by adding thereto the following sections:

     42-28.2-15. Certification of law enforcement officers.

     (a) No person shall be appointed as a law enforcement officer unless certified by the police

officer standards and accreditation commission.

     (b) A person who completes a certified municipal police training academy or training

program, shall be certified by the police officer standards and accreditation commission.

     (c) The commission shall maintain a database containing the following records for each

law enforcement officer certified:

     (1) The dates of certification, renewal of certification, decertification, suspension of

certification, or reprimand;

     (2) Records of completion of training;

     (3) The date of any separation from employment with an appointing authority, and the

nature of the separation, including, but not limited to, suspension, resignation, retirement, and

termination;

     (4) The reason for any separation from employment, including, but not limited to, whether

the separation was based on misconduct, or whether the separation occurred while the appointing

authority was conducting an investigation of the certified individual for a violation of an appointing

authority's rules, policy, procedure, or other misconduct or improper action;

     (5) The date of any criminal conviction and the charge of conviction; and

     (6) The date of any sustained internal affairs complaint, and the charge sustained.

     (d) All information in the database shall be made available to an appointing authority for

the purpose of a background investigation for appointment as a law enforcement officer, and the

commission shall set standards for such background investigation for appointments subsequent to

the initial appointment. The information in the database shall be a public record pursuant to chapter

3 of title 38.

     (e) The police officer standards and accreditation commission shall determine the form and

manner of issuance of a certification. A certification shall expire three (3) years after the date of

issuance.

     (f) Each person who is certified as a law enforcement officer shall, prior to the date of

expiration of the certification, renew the certification for the ensuing three (3) year period by

demonstrating satisfactory completion, over the preceding three (3) year period, of one hundred

twenty (120) hours of in-service training approved by the police officer standards and accreditation

commission. The police officer standards and accreditation commission shall permit law

enforcement officers who have not completed the required in-service training to maintain their

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certification for good cause shown and upon demonstration by the officer of approval by the

municipal police training academy school of both a plan for the completion of the in-service

training hours and the reasonable amount of time in which to do so.

     42-28.2-16. Revocation of certification of law enforcement officers.

     (a) The police officer standards and accreditation commission shall revoke a certification

if:

     (1) The certification was issued by administrative error;

     (2) The certification was obtained through misrepresentation or fraud;

     (3) The certified officer falsified any document in order to obtain or renew any certification;

     (4) The certified officer has had a certification or other authorization revoked by another

jurisdiction on grounds which would authorize revocation under the provisions of this section;

     (5) The certified officer is convicted of a felony;

     (6) The certified officer is found not guilty of a felony by reason of lack of criminal

responsibility;

     (7) The certified officer is terminated based upon intentional conduct performed under the

color of office to:

     (i) Obtain false confessions;

     (ii) Make a false arrest, create or use falsified evidence, including false testimony or

destroying evidence to create a false impression;

     (iii) Engage in conduct that would constitute a hate crime; or

     (iv) Directly or indirectly receive a reward, gift, or gratuity on account of his or her official

services;

     (8) The certified officer is convicted of a misdemeanor or felony which would render that

officer ineligible for a license to carry a firearm pursuant to chapter 47 of title 11; or

     (9) The certified officer has sustained an internal affairs complaint based upon conduct

consisting of:

     (i) Excessive use of force involving the use of a lateral vascular neck restraint or similar

chokehold that restricts free movement of the neck and head;

     (ii) Failing to stop, or to attempt to stop, another law enforcement officer from applying

excessive force in the presence of the certified officer;

     (iii) Excessive use of force resulting in serious bodily injury as defined under § 11-5-2;

     (iv) Conduct that would constitute a hate crime pursuant to § 12-19-38;

     (v) Intimidation of a witness pursuant to § 11-32-5;

     (vi) Tampering with a record for use in an official proceeding;

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     (vii) Perjury pursuant to §11-33-1; or

     (viii) Files a written police report containing a false statement, knowing the statement to

be materially false.

     (b) The commission may revoke a certification if:

     (1) The certified officer has been convicted of any misdemeanor or felony; or

     (2) The certified officer has repeated sustained internal affair complaints, for the same or

different offenses.

     (c) The commission may require an appointing authority to provide information reasonably

necessary to determine whether to initiate revocation proceedings.

     (d) The commission shall conduct revocation proceedings and hearing, and promulgate

rules and regulations for such proceedings and hearing. Any revocation hearing shall take place

before a panel of the commission composed of seven (7) members as follows:

     (i) Three (3) members of the commission shall be police officers, selected by the

chairperson;

     (ii) Three (3) members of the commission shall be members who are not police officers,

selected by the chairperson; and

     (iii) One member of the bargaining unit to which the officer who is the subject of the

revocation hearing belongs, selected by that officer.

     (e) The chairperson shall select a member of the commission if the officer does not select

a representative or does not belong to a bargaining unit.

     (f) Not fewer than three (3) of the commission members serving on the panel shall be from

the office of diversity, equity and opportunity.

     (g) The commission shall revoke a certification upon a finding by a preponderance of the

evidence, by majority vote of the hearing panel, of any grounds set forth in subsection (a) of this

section. Any decision pursuant to this subsection shall be appealable pursuant to § 42-28.6-12.

     (h) The commission may revoke or suspend a certification, or issue a reprimand, upon a

finding by a preponderance of the evidence, by majority vote of a hearing panel, of any grounds set

forth in subsection (i) of this section and that there is good cause to revoke or suspend a certification

or to issue a reprimand. The commission may set conditions including the completion of additional

training if a certification is suspended or a reprimand is issued. Any decision issued pursuant to this

subsection shall be appealable pursuant to § 42-28.6-12.

     (i) No adverse action taken against a certification by the commission pursuant to this

section shall be appealable to any civil court of jurisdiction.

     (j) No employment action taken by an appointing authority that results from a revocation

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by the commission pursuant to subsection (a) of this section shall be appealable to any civil court

of jurisdiction.

     (k) The commission shall publish any revocations and findings. The commission shall

provide revocation information to the national decertification index. No officer may apply for

certification after that officer’s certification has been revoked pursuant to this section.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- POLICE OFFICERS --

COMMISSION ON STANDARDS AND TRAINING

***

     This act would require all police officers in Rhode Island to be certified through the

municipal police training academy and complete mandatory continuing education. This act would

further create a process in which the police may be decertified for failure to maintain proper

certification.

     This act would take effect upon passage.

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